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MinutesMINUTES . REGULAR CITY COMlYIISSION MEETING JANUARY 10, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve - ~ City Manager Jim Hanson IVlayor Pro Tem Richard Beaver . - :City Clerk Donna L. Bussey Commissioner Paul B. Pardons • - .: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 Mayor Meserve was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of December 13, 2004 Motion.: ~ 'Ap'prove the Minutes of the Regular Meeting of '. December:l3, 2004 as presented .lYIoved by Parsons, seconded by Waters Votes: Aye: 5-Beaver, Parsons, Simmons; Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Valerie Britt of 378 Tilefish Court and on behalf of Pablo Point Civic Association at 71 San Pablo Road North commented on two items: (1) She spoke in favor of keeping the Kennedy naval ship at the base in Mayport. Ms. Britt recognized that the Pablo Point Civic Association has a history of military officers in the neighborhood and mentioned the importance of the naval base to local economy. (2) Ms. Britt expressed concern that city money used to retain outside Counsel was spent by Counsel questioning legitimacy of the address of Pablo Point Civic Association. She discussed the history of the establishment of the PPCA address and stated that it is correct and will be kept. Ms. Britt also discussed a lack of compliancy of postal regulations regarding mail sent to their address by the Board's Counsel. John 1Vloreiand of 1707 2"~ Street South, Jacksonville Beach identified himself as the Chairperson of the Beaches Resource Center (BRC) and discussed the services they provide to the Beaches Community. He identified Atlantic Beach students as being among the recipients of these services and explained the Center's request for funds from all three local beach communities. Mr. Moreland provided the board with a handout January 10.2005 RF,GIJLAR CONIViISSION MEETING Paae 2 ' describing the goals and services of the Beaches Resource Center. A copy ofMr. Moreland's handout is attached hereto as Attachment A. Gale Leas of 191 Oak Circle expressed her support of the Beaches Resource Center and spoke in favor of the Commission providing the funding requested by the Beaches Resource Center. Ms. Leas urged the board to approve the original requested amount of $2000 and to create a line-item in the city budget for these funds. .., , 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report City Manager Hanson reported on the following three items: 1. He informed the board that the Parliamentary Procedures Workshop, ' " originally scheduled for January 19, 2005, was rescheduled due to a conflict . in the presenter's schedule. The new date for this workshop is Wednesday, January 2b, X005, 6:OOpm-8:OOpm in the Commission Chambers. He invited a11.City board. and committee appointments to attend and stated that ', the workshop is open to the public. ' .2. The City Manager gave afollow-up report on a subdivision waiver ' requested by the Frosios at the Last Commission meeting. At the meeting held on December 13, 2004, the Commission did not approve the Frosios' request to subdivide a lot on.Club Drive. The Frosios have since negotiated with their neighbors in order to buy the additional property needed to create two standard size lots. 3. City Manager Hanson reported on a Hazardous Waste Collection that took place Saturday, January 8, 2005 at the City Hall parking lot.. He stated that records were broken for attendance, with a 37% increase compared to last January 2004. Commissioner Beaver commended the City Staff on its organization of the event. 4. Consent Agenda Commissioner Waters requested that Item C be removed from the Consent Agenda for discussion. A. Acknowledge receipt of Public 'Works and Utility Department lYlonthly Report for December, Financial Report for November, and Report of New Occupational Licenses issued in December (City Manager) B. Blower Replacement at Wastewater Plant #2 (City Manager) Motion: To approve Consent Agenda Items A-B as presented. There was no discussion. January 10.2005 REGULAR COb11~iISSION MEETING Paee 3 ' lYloved by Parsons, seconded by Waters .. Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED C. Approve Request from the .Cultural Arts and Recreation ` ~ Committee to dp~ate $1,200 to the Beaches Resource Center Foundation for,the purpo"se of literacy (City Manager) ., . ` ` Commissioner Waters questioned the reason for reducing the original donation amount from $2000 to $1200. He stated that he concurred with citizens' comments regarding the importance of the services provided by the Beaches Resource Center. He noted that Jacksonville Beach created a . line item in their budget for funding the BRC. Commissioner Waters recommended that the City of Atlantic Beach move the appropriation to ' " $2000 and make the funding aline-item. Commissioner Parsons seconded the motion. • Motion: 'Tfl~ approve a $2,000 donation to the Beaches Resource Center ~- '. and put, it as aline-item in the Citv budget. Moved by Waters, seconded by Parsons Commissioner Parsons echoed Commissioner Waters' sentiments. He stated that the BRC is a good cause and agreed that the City should make it aline-item in the budget, should give at least $2000 now and should revisit it in the Budget again in the future. ' ' Mayor Meserve offered a different perspective and discussed the following concerns: (1) Several other organizations had similar budget requests for operational funds; (2) There were conflicts with the city ordinance tivhich ' ~ says the City does not give money to charities; and (3) The City would have to chose from a large number of good causes deserving of donations. The Mayor stated that he did not believe it is part of what the board is formed to ' do as a small city government. Mayor Meserve expressed his strong support of the Beaches Resource Center, however he had concerns for the direction the line-item precedent would establish for the City. Commissioner Waters stated the City had experience in drawing boundaries between charities and services for citizens and this issue was not without precedent. Upon further discussion, Commissioner Waters withdrew his motion to approve the $2,000 donation to the Beaches Resource Center and put it as a line-item in the City budget and Commissioner Parsons withdrew his second. January 10, 2005 REGULAR CONINIISSION MEETING Paee 4 Commissioner Waters recommended adding the budget issue to the Cultural Arts and Recreation Committee agenda. Commissioner Parsons agreed. Commissioner Simmons indicated that if the Commission was to pursue charitable giving, then there was a need to workshop in order to create a set of standards to follow. She believed that the issue had been given to the Cultural Arts and Recreation Committee to consider tivithin their budget and did not feel comfgrtable overriding their decision. ., Commissioner Beaver echoed Commissioner Simmons' statements to adhere to the budgetary decision made by the Cultural Arts and Recreation Committee. Commissioner Parsons received confirmation from the Mayor that the money would come out of the Cultural Arts budget. He then agreed that the Board should not override the decision made by the Cultural Arts Committee. Motion: To approve a 52,000 one-time donation to the Beaches ;Resource Center as part of the City's charitable ~ivinQ. ~~Moved by tiVaters, seconded by Parsons .Votes: Aye: 2 -Parsons, `Vaters Nay: 3 -Beaver, Simmons, Meserve MOTION DEFEATED by 3-2 Vote The Mayor asked for any alternative motion from the prevailing side. Motion: To support the recommendation from the Cultural Arts and Recreation Committee to donate 51,200 to the Beaches Resource Center Foundation for the purpose of literacy Moved by Beaver, seconded by Simmons Votes: Aye: S -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Committee Report on the Community Development Board members (Commissioner Simmons) Commissioner Sinunons reported that the Chair for the Community Development Board was out of totivn and not able to attend the committee meeting. She reported that the Chair met with the two board members whose first terms were expiring and were eligible for a second term and that .Ianuarv 10.2005 REGULAR COMMISSION MEETING Page 5 the Chair was comfortable with the two members returning. The Community Development Director agreed and the committee decided to recommend to the Commission that the terms for the two members be renewed. Commissioner Simmons identified the two board members referenced as Lynn Drysdale and David Maclnnes. lYlotion: To reapAoint'Lvnn Drysdale and Daavid NlacInnes to serve on the Community Development Board~for a second term. ,., Moved by Simmons, seconded by Waters - Votes: Aye: 5 --Beaver, Parsons, Simmons, Waters, Nleserve Nay: 0 lYtOTION CARRIED Action on Resolutions 6. Action on Resolutions None. . .Action on Ordinances ~ ~~7. Action on Ordinances ~:~A. Ordinance No. 60-04-15, Public Hearing and Final Reading ' ~ .AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORDINANCE NUMBER 60-04-15, WHICH SHALL AMEND CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, AS PREVIOUSLY ADOPTED AND AMENDED THROUGH ORDINANCE NUMBER 60-03-13; TO ADD NE~V SECTION 17-29 (a) (3) v.; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title and commented that the ordinance referred to authorizing small bracket signs in the Town Center area. The Mayor opened the floor to public discussion on the ordinance. Mr. Stephen Kuti of 1132 Linkside Drive stated that he had concerns with the maximum allowable size being set at 10'X6'. After the Commission clarified that the correct maximum allowable size was 2' X 3', Mr. Kuti stated that he had no problem with the ordinance. There were no further public comments. The Mayor closed the public hearing and asked the Commission for discussion. There was no further discussion. January 10.2005 REGULAR COI~Il~1ISSION MEETING . Page 6 Motion: To approve Ordinance No. 60-04-15 on final reading. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ,- ,.. , Miscellaneous Business 8. Miscellaneous Business A. Request from George Bull, Jr., on behalf of Tom Petway, seeking a waiver from the 25-foot height limit within the Central Business District to allotiv exterior elements to extend to a height of 31-feet as part of renovations to an existing commercial building at 375 Atlantic Boulevard (former. Famous Amos restaurant location) (City Manager) Motion:.To approve request from George Bull, Jr., on behalf of Tom Pettiv:ay.;'for a waiver from the 25-foot height limit within the Central Business District to allow exterior elements to extend to a height of 31- ~~feet as part of renovations to an existing commercial building at 375 Atlantic Boulevard. . Sonya Doerr, Community Development Director, provided background information on the property and the owner's request. Ms. Doerr discussed ' the provisions in the Comprehensive Plan amendments which allow for such waivers based on the Commission's approval. Ms. Doerr displayed photographs of surrounding areas that included structures which where also ` ' ttivo-storied and/or exceed the maximum 25-foot height limit. Discussion from the Commission ensued.. Commissioner Waters questioned reasons for the proposed second story height of 12 feet. George Bull, Jr, on behalf of 375 Atlantic Boulevard, explained the considerations involved in that decision. Commissioner Waters questioned if the waiver fell within the Comprehensive Plan's intention for architectural design elements. Ms. Doerr responded and indicated that the purpose of the requested height was part of the design element of the building. Commissioner Waters inquired whether Mr. Bull intended to have his sidewalk continue the brick pavers of Town Center. Mr. Bull responded that he would certainly consider continuation of the brick pavers. Further discussion ensued regarding the structures on the surrounding properties and the process for continuing the brick pavers. Commissioner Simmons inquired about Mr. Bull's intentions for landscaping the property. She expressed concerns regarding paved surfaces and recommended consideration of continuing the palm tree colonnade onto Mr. Bull's property. Mr. Bull responded that all those landscaping items would be taken into consideration. January 10, 2005 REGTILAR COiViN1IS5ION IYIEETING Page 7 Commissioner Beaver inquired if the vestibule of the building still existed. Mr. Bull responded that the vestibule was removed and his building would remain within the required setback. Commissioner Beaver expressed his support for continuing the same Town Center style as the commercial district expands westerly. No further discussion. Moved by Simmons, seconded.by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve . Nay: 0 . MOTION CARRIED B. Approve agreement with the Beaches Area Historical Society and authorize the City Manager to execute the agreement on behalf of the City (City Manager) City Manager Hanson provided background information on the item and reported that the Beaches Area Historical Society provided a copy of a , similar:agreement they had with Jacksonville Beach. City Attorney Jensen '. drafted~the. agreement presented to match needs of Atlantic Beach. The . ..City Manager recommended authorization of the agreement. ' Commissioner Waters proposed the amending Item lb of the agreement to ' state the following: "Provide equal access to ail citizens as well as provide open access to all records of the Historical Society to the public and allow the public to obtain copies of archival material at the applicant's expense." Commissioner Simmons recommended that the amendment be listed as a stand-alone item in the agreement. Motion: To approve the amendment to the agreement tivith the Beaches Area Historical Society. Moved by Waters, seconded by Simmons Votes: Aye: ,5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Motion: To approve the agreement with the Beaches Area Historical Society, as amended. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, lYleserve Nay: 0 MOTION CARRIED .Ianuarv lo. 2005 REGULAR COMiyIISSION MEETING Page R .. C. Authorize staff to negotiate with the top-ranked firm(s) for architectural services relative to an expansion of the Public • ~ Safety Building (City Manager) Motion: To authorize staff to negotiate with the ton-ranked firm(sl for architectural services relative to an expansion of the Public Safety Buildine. ~ - City Manager Hanson stated that the design would primarily be an • expansion of the dispatch area of the Public Safety building which is currently a very cramped space for employees working within it. Chief • Thompson and Don Ford, Building Official, reviewed and ranked the architectural firms who responded to the proposal. The City Manager asked for permission to negotiate with the top-ranked firm. • Commission Parsons expressed favor to move forward with plans for expanding the Public Safety dispatch area. • Commission Beaver inquired how much square footage was being planned. Chief Thompson replied he was currently unsure until further communication with the architects ensued. Chief Thompson indicated that • '.most of the added area would be used for office space. • ~~ ' Commissioner Waters asked who the top-ranked firm was. Chief Thompson responded that it was Fleet & Associates. Commissioner Parsons asked if the parking lot area had could be considered for the needed extra space. Chief Thompson responded that it could not be used since extra parking space would also be a necessary component of the expansion plans. • - IYloved by Waters, seconded by Parsons Votes: • - Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Authorize staff to negotiate with the top-ranked firm(s) for engineering services for the Five Points Intersection • Improvements Project (City Manager) Motion: To authorize staff to negotiate with the top-ranked firm(s) for en~ineerinQ services for the Five Points Intersection Improvements .. Project Mayor Meserve asked for the meaning of HDR. A member of the audience replied that it referred to a connection the engineering company had with Omaha, Nebraska. No further discussion ensued. January 10.2005 REGULAR CONIMISSiON N[EETiNG Page 9 Moved by tiVaters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, tiVaters, iYleserve Nay: 0 MOTION CARRIED • ~ E. Authorize staff to negotiate ~tivith the top-ranked firm(s) for engineering services fot~the Ocean Blvd -13`h Street Drainage Improvements Project (City Manager) Motion: To authorize staff to negotiate with the top-ranked firm(sl for engineering services for the Ocean Blvd -13"'Street Drainage • ~ Improvements Project Commissioner Parsons asked what exactly was involved in the project. Rick Carper, Director of Public Works, addressed the questions of the Commission regarding the scope of the project and the specific areas involved. ~•: Moved~~ty;Parsons, seconded by Beaver . '•Votes: ~ : ' • ,Aye: 5 -Beaver, Parsons, Simmons, tiVaters, Meserve .. ' ~ Nay:0 MOTION CARRIED F. Request for aUse-by-Exception to allow for the sale of used automobiles and also Heavy Automotive Repair services for property within the Commercial General (CG) Zoning District located at 1800 IVlayport Road (City Manager) • Motion: To approve request for aUse-bv-Exception to allow for the sale of used automobiles and also Heavy Automotive Repair services for commercial property located at 1800 Mayport Road • . Community Development Director Doerr presented the background and information regarding the Use by Exception request. She stated that the • Community Development Board recommended approval of such request. Mayor Meserve opened the item to public discussion. There was no discussion. Mayor Meserve closed the public hearing and brought the item before Commissioners for discussion. " ' Commissioner Parsons requested clarification of the term, "Heavy .. Automotive Repair". Applicant, Eduardo A. Medina of 272 Beech Brook Street, Jacksonville FL, introduced himself and responded to the question. ' ' Commissioner Beaver expressed similar concerns regarding major repairs. .Ianuarv 10, 2005 REGULAR CONINIISSION MEETING Paec 10 Sonya Doerr responded and distinguished the difference between Minor Automotive Repair and Heavy Automotive Repair. Commissioner Beaver expressed concerns regarding the necessity for improving Mayport Road and for enforcing the Use-by-Exceptions authorized by the Commission. Commissioner Waters expressed similar concerns regarding granting Use by-Exceptions and the number of used car lots on Mayport Road.' ,Commissioner Simmons shared similar concerns but commented that the ,b.u$iness already exists and the applicant is before the Commission only because the property~had changed ownership. Mayor Meserve further commented on the status of Mayport Road as a light industrial area and stated he believed that Mayport Road is going in the right direction of redevelopment. Mayor Meserve requested that the . applicant make all efforts possible to create an attractive facade at his business. Moved by Simmons, seconded by Beaver Votes: - Aye: 5 .-Beaver, Parsons, Simmons, Waters,ltileserve • .Nay: 0'."~~. , `.MOTIO.N CARRIED G. Authorize staff to draft an ordinance amending Chapter 22 on ' ~ utilities to allow billing adjustments for excess water consumption resulting from leaks (City Manager) Motion: To authorize staff to draft an ordinance amending Chanter 22 on utilities to allow billing adjustments for excess water consumption resulting. from leaks Mayor Meserve provided background information on the billing process and rates for high water consumption. He stated that currently residents who ' have a water leak get charged a higher rate even though the water was not • used. City Manager Hanson reported that staff s recommendation is to be authorized to prepare an ordinance for the Commission's consideration that would allow the customers with leaks to be charged the standard rate rather • ~ than the higher rate for increased water usage. He also recommended that the lower rate be used for one-time situations such as filling up pools. City Manager Hanson stated that the higher rate was intended as a deterrent to • wasting water through practices such asover-watering landscape. He believed it was a good recommendation from the Finance Department. Commissioner Parsons questioned allowable time frame for water leak to continue. City Manager Hanson explained that they do not consider the situation until the citizen has proven that the leak is fixed. ,Ianuary 10.2005 REGULAR CON[iY[ISSiON MEETING Pa e 11 Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve • Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City 1Vlanager's, Report City Manager Hanson reported on each item of his written report. The report is attached and made part of this official record as Attachment B. Parking Lease for 10`h Street Condominiums Commissioner Beaver commented that the signage involved with this project needs to be consistent with the City's signage and inquired who creates the signage. Rick Carper, Director of Public Works, responded to the Commissioner's questions. Commissioner Beaver was satisfied with the City's involvement in that process. . Septic Tank~Conversions ~. City Mari~ger Hanson asked for any input for further adjustment to the - ~~~City's policy regarding incentives and enforcement of this issue. .Commissioner Waters spoke in favor of offering additional incentives 4 ' again. Commissioner Beaver asked if the City could send reminder notices to the remaining 57 septic tank owners. City Manager Hanson replied that the City had sent notices and recommended that the City personally contact each owner again if there are any changes in the policy. Commissioner Beaver commented that the owners who took advantage of the original incentives should not feel penalized for doing so in a timely fashion. Mayor Meserve proposed a policy change that would offer a loan program at a competitive rate. He also recommended that the City not charge the owners through their utility bill, but rather make it a lien against the house. Commissioner Simmons believed there should be a cap placed on the lien amount. Commissioner Waters felt comfortable with the lien idea. City Manager Hanson stated he would prepare a report for the next meeting. City Manager Hanson then reported on the following items which were brought to his attention after he prepared. the report. City Manager Hanson reported that city contractors will be replacing the Aztec grass around palm trees in Town Center with Asparagus fern. He stated that they believe the Asparagus fern would survive better than the • Aztec grass. He reported that the City of Atlantic Beach and Neptune _ Beach will split the cost. City Manager reported on the status of beach renourishment. He stated that the Corps of Engineers received new information used to calculate the amount of sand needed for the project. He reported that the additional sand cost would be paid 100% by Federal funds because all of the expense is a result of hurricane damage. The City Itilanager reported that Dune ,Ianuarv 10.2005 REGULAR CONIl~1ISSION MEETING Page 12 Reconstruction is being discussed between the Corps of Engineers and the City. City Manager Hanson stated that this project would be 100% local cost with some State help. He stated that they expect the project to bid in mid-February and hope to have it completed between Nlay IS`h and September 15`". City Manager Hanson passed around a letter from Kevin Bodge, the City's consultant for the proj ect, which gives a summary of the renourishment. A copy of his letter is attached and made part of this official record as Attachment C.; The City Manager quoted Mr. Bodge in the letter as stating that "... the project is presently on solid ground -physically, fiscally, and schedule-wise". ' No further discussion. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Alan Jensen • Reported that he hopes to have the deed to Aquatic Garden Pond • ~ ~ this.month. '~Commissioiier Beaver .. • Asked if the City Police automatically get dispatched when the Fire Department receives a call. Chief Thompson replied and explained ' " the procedure involved with 911 calls received by dispatch. • Commented on the increase in Comcast Cable rates and inquired about the history of their rates. City Manager Hanson noted that the Federal government passed an Act in 1996 which removed cities from having any control over the cable service. Commissioner Beaver stated he would pursue the issue due to the fact that Comcast is the only cable provider for the City. • Announced that he would be absent for the next Commission meeting in rivo weeks. He will be attending a meeting in Washington DC as a representative for a commercial property owners organization to which he belongs. Commissioner Simmons • Inquired about the regulations governing towing signs. Chief Thompson responded and explained the statutes regarding the signs and policies involved. Commissioner Simmons expressed concerns that the towing signs are counterproductive to the parking problems at the beaches. .. Commissioner Parsons ' • Inquired about the Little League organization using the City's marquee for advertising. January 10, 2005 REGULAR COIVINIiSSION_1VIEETING Page 13 • Reported that he had received comments that the trees in the medians look great and congratulated Timmy Johnson, Director of Parks and Recreation, on a job well done. • Recommended to Rick Carper, Director of Public Works, the need to keep everyone informed on 13`h and 15`h Street drainage project in order to answer questions and phone calls. • Commented on.a newspaper article he read regarding Jacksonville Beach and Neptune Beach intending to repair some of their drains and dump them into Hopkins Creek. Commissioner Waters • Reported a comment from a friend who thought the cigarette butt receptacles placed in Town Center are effective and appreciated the .City staff efforts with that. • Commented to Chief Thompson that the new design for the Five ' Points Intersection may impede fire trucks needing to turn west onto Plaza. Chief Thompson replied he would look into this issue. • Recommended attending Northeast Florida League of Cities' dinner meeting this month in St. Augustine. ' ~; •;• Discussed issue of reducing amount of city signage. Asked about 4 possibility of changing or removing crosswalk signs. Chief Thompson replied that crosswalk signs need to remain visible. ; • Recommended cutting the asparagus fern in Town Center less and letting it grow more. Mayor lYleserve • Reported that he attended meetings with Congressman Crenshaw and Councilman Lad Daniels supporting Kennedy naval ship. Stated there are other options available if the Kennedy gets de-commissioned. .Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:00 p.m. John Meserve, IVlayor/Presiding Officer ATTEST: Donna L. Bussey . .City Clerk