MinutesMINUTES
REGULAR CITY COMMISSION 1VIEETING
FEBRUARY 28, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons 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 February 14,
2005
• - Commissioner Simmons requested that a clarification be made on Page 7,
Item D, Paragraph 2. She stated that she questioned "inefficient" decorative
• lighting and asked that the minutes be amended accordingly.
Motion: Approve the Minutes of the Regular Meeting of
February 14.2005 as amended.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
` - Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Report from GAI Consulting regarding Mayport Road median
project
Rick Carper, Public Works Director, asked Ron Hoogland, Project Manager
- with GAI Consultants, Inc., to give an update on the Mayport Road Median
Project. Mr. Hoogland presented a report on the project, including
background information, current status, and projections for the future of the
• work being done. The report is attached and made part of this official record
as Attachment A. He noted that funding for the project is being provided
by the City of Atlantic Beach, City of Jacksonville, and Florida Department
of Transportation. Mr. Hoogland outlined the preliminary cost estimates
February 28, zoos RF,GULAR COMMISSION l~1EETING Paac 2
and the preliminary project schedule, with an estimated completion to be by
' ' October 2007.
Commissioner Parsons expressed that he and other citizens had concerns
• ~ that the final design did not contain enough turn lanes. Mr. Hoogland
explained that the plan was based on FDOT standards and they consider
many factors that contribute to traffic flow.
Commissioner Waters spoke in favor of the preparation and planning that
led up to this project.
B. Merrill Lynch Pension Investment. Performance Report for the
year ended December 31, 2004
Nelson VanLiere, Finance Director, introduced Mr. Michael Callaway,
Senior Vice President of Merrill Lynch, Jacksonville Florida, to give a brief
' ~ performance report of the City's pension fund investments. Mr. Callaway
• reviewed a handout distributed to the Commission and provided explanation
regarding the management and returns of the investments. His report is
attached and made part of this official record as Attachment B. He
explained the difference between the investments of the Police Pension
assets versus the General Employee Pension assets. Mr. Callaway provided
a general analysis of the City's portfolio and its average return rates and
variability as compared to other public pension funds evaluated by his
company.
Mayor Meserve asked for a projection of the City's return rates over the
. next ten years. Mr. Callaway provided an educated guess of 9 to 9.5% rate
of return for the future and explained the factors involved in forecasting
' long term return rates.
. Commissioner Waters asked for information regarding the percentages of
' employee contributions versus interest contribution. Mr. Callaway
' .provided explanation of the different types of contributions. Commissioner
Waters asked if the City should have done anything differently based on the
results in the report. Mr. Callaway responded that the results in the report
.. are products of the City following his company's guidelines and
recommendations and therefore are viewed as correct and as anticipated.
• - Mayor Meserve commended Mr. Callaway on the good work done by his
company.
Greg West of 5719th Street stated he would save his comments for the
public hearing on Item &A.
Jane Wytzka of 352 2°'' Street spoke regarding the relationship between
trees in the city and residential `3-story boxes' being built in the City. Ms.
Wytzka expressed concern over the amount of reckless tree trimming being
February 28.2005 REGULAR COMMISSION NIF,ETING Paee 3
done by residents and the detrimental effects to other vegetation in the
neighboring areas. She believed that Atlantic Beach has the most lax tree
ordinance in the beaches area and that not enough tree replanting is
occurring in the City. Ms. Wytska also suggested that property owners
should be required to replace and replant trees within a year of removing
any trees. She commented that people are cutting down trees for fear of the
limbs causing damage to their houses during the hurricanes and believed the
validity of this issue needs to be reviewed. She voiced concern over new
`boxes' being built which lead to lots of concrete and a lack of trees in the
area. Ms. Wytzka believed that an ordinance should be passed to require
graduated rooflines and to prohibit box-type structures and lots less than SO
feet in width because they are unattractive.
DeJean Melancon of 675 Beach Avenue spoke on behalf of Friends of
Atlantic Beach regarding Item #8B. He notified the Commission that the
school had started their renovation project and their schedule is to have it
completed by the end of March. Mr. Melancon expressed appreciation for
any assistance that the Commission could offer them.
Bill Paulk of 338 2"J Street wanted to know the status of the condemned
building located at the southwest corner of 2"d Street and East Coast Drive.
He noted that the building caught fire and was condemned over a year ago
" and has become an eyesore and a hazard. Mr. Paulk inquired what could be
done to accelerate the process of cleaning up the site. Mayor Meserve
' responded that the City would look into the situation and come back with a
report to Mr. Paulk and to the Commission.
' ' Jamie Fletcher of 340 Garden Lane addressed the Commission regarding
.. the proposed revisions to the Tree Ordinance on the meeting's agenda. Mr.
Fletcher expressed that the tree canopy is the foundation for the charm and
" character of the City. He believed that the City's current system, which
" includes the Tree Board and incorporating the correct values in the decision
making process, works well. Mr. Fletcher encouraged the Commission to
stay with the same system and postpone any amendments to the ordinance
" until the Tree Board and the citizens have the opportunity to review the
proposals and participate in a City workshop. He strongly recommended
the City study and receive community input through workshops regarding
the desired character of Atlantic Beach.
Unfinished Business 3. Unfinished Business from Previous lYleeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson gave afollow-up report on comments from a
citizen, Dover Albertson, at the last Commission meeting. City Manager
Hanson stated that Mr. Albertson had complained about the charges for
utilities he used for cleaning his nine rental units in between occupants.
City Manager Hanson confirmed that Mr. Albertson had correctly quoted
February 23 X005 RF,GULAR CONiMISSiON NIF..ETING Page 4
the City's charges for deposits, reconnect fees and the garbage service. City
Manager Hanson explained that City staff believed the reconnect and
garbage service fees are both appropriate charges for the services provided.
He stated that the City is willing to work with the deposit issue in order to
make things a bit easier on landlords. City Manager Hanson reported that
the City's policy allows a landlord to submit only one deposit and then to
call the City whenever a tenant moves out in order to put the service in the
landlord's name. He stated that many landlords use this process and find it
helpful. City Manager stated that, if desired, the ordinances which specify
charges could be changed by the Commission, but noted that the staff
recommends that the current ordinances are reasonable and should remain
in place.
Commissioner Parsons asked for clarification on returning the deposits to
the landlords. City Manager responded that the City can refund the deposits
if desired, but most landlords prefer to keep the deposit on file for their next
reconnection.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report for January
2005 (City Manager)
B. Award contract for Storm~vater Line Jetting, Cleaning 3z
Televising to Florida Pipe Tech (0405-11) (City IVlanager)
C. Award contract for Concrete Repairs for Public Works and
Public Utilities to United Services Connection (Bid No. 0405-~
(City Manager}
D. Acceptance of Water and Server Infrastructure in the Paradise
Oaks Subdivision for City Ownership and 1Vlaintenance (City
Manager)
Commissioner Beaver requested that Items B and C be removed from the
Consent Agenda for discussion.
IVlotion: To approve Consent Agenda Items A and D as presented.
There was no discussion.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
I1~IOTION CARRIED
Commissioner Beaver inquired about the large differences in the price
quotes given for Bid #0405-11 in Item B and also asked for confirmation
that the lowest bidder is capable of providing the services appropriately.
Rick Carper, Director of Public Works, responded that the lowest bidder is
February 28, 2005 REGULAR CONII~IISSION MEETING Page 5
the current contract holder and has been providing services to the City for
' the last three years. Mr. Carper also responded that the large difference in
the price quotes is a result of the businesses being located farther from the
City.
Motion: To award contract for Stormwater Line Jetting, Cleaning 8c
Televising to Pipe Tech as presented in Consent Item B
Moved by tiVaters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IYleserve
Nay: 0
MOTION CARRIED
Commissioner Beaver asked for the lineal footage cost of last year's
contract for Item C. Rick Carper, Director of Public Works, provided the
prices for last year's service on the City's concrete repairs. Commissioner
Beaver suggested it would be a nice gesture to recognize Robert Lawrence
for his long-term service and support to the City over the years.
Commissioner Waters questioned why the City was accepting the higher
bid for this contract. Mr. Carper responded that the lower bidder could not
provide the current documentation for insurance coverage. Mr. Carper also
commented that the prices being accepted for the bid are only marginally
• • greater than what the City is currently paying for the service and are much
less than the increase in the current cost of concrete.
Motion: To award contract for Concrete Repairs for Public Works
and Public Utilities to United Services Connection as presented in
Consent Item C
Moved by Beaver, seconded by Parsons
Votes:
' Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
1Y10TION CARRIED
Committee Reports S. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 80-OS-71, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE
II, DELETING ARTICLE II, SECTION 22-28 (2), WATER SERVICE
FOR FIRE PROTECTION PURPOSED; ARTICLE II, AMENDING
SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE; TO
February 23.2005 RF,GULAR CONINIISSION MEETING Pa~c 6
PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN
EFFECTIVE DATE.
Mayor Meserve read the ordinance by title only. There was no discussion
on the first reading.
IVlotion: To approve Ordinance No. 80-05-71 on first reading.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request by John Fiege for aUse-by-Exception (UBE-2005-02) to
allow an established martial arts studio to relocate to an existing
commercial building within the Commercial Limited (CL)
Zoning District and located at 1221 1Vlayport Road (City
Manager)
Motion: To approve request by John Fiege for aUse-bv-Exception
• (UBE-2005-02) to allow an established martial arts studio to relocate to
• . an existing commercial building located at 1221 Mayport Road
Sonya Doerr, Planning and Zoning Director, gave background information
on the request and presented slides showing the new location. She stated
that the Community Development Board recommended approval of the Use-
' ' by-Exception at their meeting last week. Ms. Doerr explained that the
• request is from a well known, long established business to relocate to a
larger facility less than half a block from their current location.
Mayor Meserve opened the floor for a public hearing on the item. Mr. Greg
West of 57191h Street spoke as Mr. Fiege's attorney on the lease
negotiations for the new location and as an instructor at the facility. Mr.
West presented two points for consideration in support of approving the
Use-by-Exception. Mr. West first noted that the change in location is very
minimal, only two buildings north of the current location. He also noted that
the facility is not only a martial arts studio, but also the only judo studio in
the county. Mr. West stated that judo is an Olympic sport and the studio is
an asset to the community because it draws children and adults from
surrounding counties to participate in this activity. Mr. West encouraged the
• City to support Mr. Fiege's studio.
There being no other public comments, Mayor Meserve closed the public
hearing and brought the item before the Commission for discussion.
February 23, 2005 REGULAR COMiViISSION MF,F,TING Pa~c 7
Commissioner Parsons inquired the name of the business in question. Mr.
Fiege replied that it is called Gentle Way Judo. Commissioner Parsons
commended Mr. Fiege on his business operation and encouraged him to
continue his good work.
Commissioner Simmons spoke highly of judo as a good activity for people
of all ages and stated she is glad to see there is a studio located in the City.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
MOTION CARRIED
B. Request from Friends of Atlantic Beach Elementary for funding
from the City of Atlantic Beach for Landscaping Renovation in
front of the school (City Manager)
Motion: To approve request from Friends of Atlantic Beach
Elementary for funding for Landscaping Renovation in front of the
school
Moved by Beaver, seconded by Waters
Mayor Meserve explained that the request is to provide assistance with
establishing water service on the school's property and also with the cost of
one date palm being planted on the grounds. The Mayor estimated the
City's total cost to be approximately $5000 and recommended providing
this support to the school. Commissioner Beaver questioned putting an
actual cost on establishing the water service due to the fact that it would be
an in-house project. He suggested amending the motion to providing a 2"
imgation meter and the cost of one of the date palms with the cost of the
palm not to exceed $3500 as listed.
Amended Motion: To approve request from Friends of Atlantic Beach
Elementary for funding for Landscaping Renovation in front of the
school, specifically for the cost of one date palm, not to exceed $3500,
and to install a 2" irrigation meter at no cost
Commissioner Waters discussed the idea of including a live oak tree from
the City. Commissioner Beaver stated that the size of the live oak selected
for the school is not the same as the trees planted by the City.
Mayor Meserve stated that this motion is a good start at creating a
partnership with the local school in the City and would like to see even
more involvement in the future. The Mayor stated the school provides great
education and this is a good plan to give the school an attractive landscape.
February 28.2005 REGULAR COMMISSION MEF,TING Pa e 8
He also suggested consideration of other possible opportunities to assist the
school with parking and park areas.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
MOTION CARRIED
C. Policy Options to Encourage Septic Tank Owners to Convert to
the Public Server System (City Manager)
City Manager Jim Hanson gave the background on this item and noted that
some of the recommendations had since been altered as a result of staff
discussions held. The City Manager stated that he has brought the altered
recommendations before the Commission for their discussion tonight.
After highlighting each recommendation as presented in his staff report, the
City Manager referred the Commission to a copy of the Revised Policy
given to them. The staff report and revised policy are attached and made
part of this official record as Attachment C. He also noted that if the
Commission decided to place a cap on the maximum allowable Code
Enforcement fines, that action would have to be passed as an ordinance.
The City Manager stated that the rest of the policy could be adopted as an
amendment to the resolution.
Mayor Meserve recapped the recommendations. Commissioner Parsons
asked if placing a cap on the Code Enforcement fines would be necessary.
Commissioner Simmons clarified that he was referring to the Code
Enforcement fine cap and not the loan cap. Commissioner Parsons stated
that the policy brought to the Commission by the staff appeared suitable
without adding a cap to the Code Enforcement fines.
Motion: To accept the policy options for septic tank conversion as
presented, excluding the option of placing a cap on Code Enforcement
fines.
Discussion ensued. Commissioner Waters asked if a property owner could
use the loan to fund installation of both City water and sewer services. The
City Manager responded that would be a good option for the owner and the
City, but would probably need a minor amendment to include both services
under the loan. Discussion of the appropriate. language to use followed.
Commissioner Beaver questioned the rationale behind lowering the interest
rate from 7% to 4%. City Manager responded that the 4% rate would be
sufficient to cover the costs incurred by adopting the policy. Commissioner
Beaver suggested that the City offer refinancing at the new rate to any
property owners still paying the original 7% loan rate. Mayor Meserve
suggested that the issue be reviewed on a larger scale before being brought
back before the Commission.
February 28.2005 REGULAR CONINIISSION MEETING PaRc 9
City Manager Hanson confirmed that the City will disseminate the policy
information as accepted to the general public and to the citizens still eligible
for the conversion process.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, `Vaters, Meserve
Nay: 0
IyIOTION CARRIED
D. Regulation of the Location and Use of Private Skateboard
Ramps on Residential Lots (City lYlanager)
City Manager Hanson gave the background on the issues discussed
regarding private skateboard ramps on residential lots. He noted that the
main concerns addressed by the Commission were the condition of the
ramps and the time of their use. The City Manager asked Sonya Doerr,
Director of Planning and Zoning, to provide follow-up on these issues. Ms.
Doerr informed the Commission that her research revealed that other
communities did not appear to regulate the skateboard ramps differently
than they regulate accessory structures. She noted that St. Johns County
was one example of a community which restricts the time of use and
requires security precautions for the ramps. Ms. Doerr referred the
Commission to their copy of the proposed language for addressing the time
of use and giving the Code Enforcement officer the authority to act if the
condition of the structures becomes too deteriorated.
Commissioner Parsons inquired into the specifics of the security
precautions established by St. Johns County. Ms. Doerr reported that the
County requires the ramps to be surrounded by the same security fencing as
they require for swimming pools. Commissioner Parsons asked for
clarification on the required location for the ramps. Ms. Doerr responded
that the new language would prohibit the ramps from being located in the
front yards or the street side yards on a corner lot. Commissioner Parsons
agreed that the examples of the skateboard ramps being presented are too
excessive to be located in the front yards but would be fine if moved to the
back yards. He spoke in favor of supporting the language proposed for
regulating the ramps.
Commissioner Beaver believed the City should not eliminate skateboard
activity in residents' yards, but agreed that the structures. needed some sort
of regulation regarding location and time. He believed the language
proposed allows today's youth to enjoy their skateboard activities but also
allows the City to protect the neighbors and neighborhoods from any
excessive disturbances. Commissioner Beaver spoke in favor of the
proposed regulations.
Fehruary 28.2005 REGULAR CON1NiISSION MEETING Pale 10
Commissioner Waters and Commissioner Simmons spoke in favor of
' adjusting the language to limit time of use between 9:OOam and 9:OOpm, as
.. ~ opposed to the suggested time frame of 9:OOam to 10:00pm. Mayor
Meserve noted that the item would be brought back as an ordinance and the
' wording could be discussed further at that time if desired. Ms. Doerr stated
she would bring the draft back to the Commission for further discussion at
the next meeting.
E. Scope of Services and Fee Proposal for Engineering Services for
Design of Drainage Improvements for the Ocean and 13`h Street
to East Coast Drive and 12`h Street (City Manager)
City Manager Jim Hanson reported that Rick Carper, Director of Public
Works, had pursued negotiations with the top ranked firm for the Drainage
' Improvements project and now the staff is asking for authorization to
proceed with the proposal as presented.
Motion: To approve Scope of Services and Fee Proposal for Design of
Drainage Improvements for the Ocean and 13`x' Street to East Coast
Drive and 12"'Street
Commissioner Beaver spoke in favor of moving forward with the project.
Commissioner Waters inquired about sidewalk placement when relocating
utilities. Mr. Carper responded that the project involves re-piping an
existing system and that sidewalks are already in place on certain sides of
the area in discussion.
Commissioner Parsons inquired if the project would affect 15`h Street. Mr.
Carper responded that some minor benefits would be seen on 14`h and 15`h
streets.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
F. Amendment to Maintenance Agreement and Contract with the
Florida Department of Transportation (City Manager)
City Manager Hanson informed the Commission that this amendment would
add the maintenance of the pond on Mayport Road to the City's agreement
with the FDOT. He explained the background and location of the pond and
described the amendment as similar to a previous addition of a pond farther
south on Mayport Road.
February 28, 2005 REGULAR COMMISSION IYiEETING Pale 11
Motion: To approve amendment to Maintenance Agreement and
' Contract with i'lorida Department of Transportation
Commissioner Simmons commented that spending $3738 extra to maintain
' ' a drainage ditch between a gas station and a motel on Mayport Road
seemed to be excessive. She believed there are many other things on which
the City could spend the money. Mayor Meserve responded that if the pond
' was left for the DOT to maintain, the result would not meet City of Atlantic
Beach standards and it would become an eyesore. He also suggested
working with the owner of the hotel to help make the pond a more attractive
• area.
Commissioner Waters clarified that the money spent would be towards
beautification of the City and would enable the City to maintain the area
• more often than the minimum DOT standard requirements.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters,lVleserve
Nay: 0
IYIOTION CARRIED
G. Proposed Revisions to the Tree Ordinance (City Manager)
City Manager Hanson reviewed his staff report that gives the background on
• the Tree Ordinance changes submitted last summer. He also commented
that his report addresses recent requests from the Commission to consider
additional regulations that require permits for removing trees on private
property. He noted that currently there are exclusions for private property
• occupied bysingle-family residential structures. The City Manager also
noted that attached to his report is a survey of the other beaches' tree
regulations and their workloads created from issuing tree permits. He
mentioned that the issue of community character needs to be addressed in
relation to the tree ordinance. City Manager Hanson presented the two
options of amending the tree ordinance to require trees be put in front yards
of large houses or implementing a City plan to replant trees on the right of
• way. He asked the Commission to give the City direction for approaching
these issues.
Commissioner Simmons commented that there is a long and growing list of
issues involved with this item and believed a workshop is necessary to bring
together input from the Commissioners, the Tree Board, the citizens, and
experts to help guide the process. She suggested that the Tree Board could
collect and review the requests and complaints received in preparation for a
workshop.
Commissioner Waters commented that the process is moving too slowly for
the citizens concerned with the issue. He recommended moving in the same
February 23.2005 REGULAR COMMISSION MEETING Pale 12
direction as the other beaches in order to safeguard trees that are on private
property. Commissioner Waters stated the city is not moving fast enough on
creating ambience and tree preservation and feels that the direction given to
staff tonight needs to have a time frame deadline placed with it and needs to
be a thorough plan.
Mayor Meserve voiced concerns with moving too fast when making
decisions that involve people's property rights. He noted that there are a
- large number of old trees in Atlantic Beach and the City could be in trouble
if damage was done on personal property due to a citizen not being approved
by the City to trim or cut down a tree. He spoke in favor of approaching the
issue in a systematic way and of getting public input before making the
decisions.
Commissioner Waters stated that the. tree canopy creates a protective
covering and makes trees less vulnerable to damage during high winds. He
commented that the character of the city is changing on a daily basis and that
currently it does not appear to be heading in the right direction.
Commissioner Waters believed that the laws and regulations need to be
more effective in order to achieve the desired results in a timely fashion.
Commissioner Parsons believed that requiring permits to remove limbs or
trees would allow the City to make decisions based on the citizen's situation
and would encourage the citizens to give more thought to their decisions to
cut or trim a tree. He also agreed with Commissioner Waters that the City
should move quickly with this issue.
Mayor Meserve noted the main community character issues to be addressed
are the size and character of houses on small lots, the tree canopy, and
parking. The Mayor proposed ranking the issues and tackling each one at a
time within a year's timeframe.
Commissioner Simmons believed that all the issues could and should be
addressed at the same time due to their relation with each other. She noted
that she attended asmart-growth conference recently which recommended
utilizing charrettes as an efficient means to accomplish goals in an intense,
short time period.
Commissioner Beaver agreed with the idea of holding a workshop meeting
and expressed the importance of reforesting the community when cutting
down trees.
Mayor Meserve summarized the discussion by stating the consensus of the
Commission is to promptly move forward through a charrette or workshop
process and include communication with the consultant.
February 28.2005 REGULAR COMViISSION NIFF,TING Pa~e_I.3
City Manager 9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written report which
is attached and made part of this official record as Attachment D. .
Atlantic Boulevard Medians
After the City Manager discussed the decision to improve the appearance of
the medians by replacing the Aztec grass, Rick Carper, Director of Public
• , Works, showed a sample of the recommended alternative flowering bush,
lorapdelum, to the Commission. Mr. Carper discussed the qualities of the
plant and the nature of experimenting with the plant in the Town Center
area.
Superbowl Costs
The City Manager reported the total costs charged to the budget and
explained that the majority of those costs were due to overtime and benefits
paid to employees working during the event. He reported that other costs
were related to printing maps, renting port-a-lets, and contributing to the
cost of the Beaches Trolley. City Manager Hanson noted that in the end
the City spent less than budgeted for the Super Bowl
TMDL Meetings
City Manager Hanson gave a report on the last meeting held with the
beaches representatives and the FDEP executive committee and
stakeholders group regarding wastewater standards for nitrogen levels in the
• St. Johns River. He informed the Commission on the ways that nitrogen
levels are related to pollution in the river.' The City Manager reported that
the cost to retrofit wastewater plants in order to meet the necessary
reduction in the discharge of nitrogen would be very expensive for the City.
He commented on the philosophies, science, and arguments regarding the
plan. City Manager Hanson reported that the three beaches communities
are working together to propose to the FDEP that, due to being located at
the river's mouth, the beaches do not contribute to the river pollution in the
• same degree as other cities located further upstream. He informed the
. _ Commission that a testing company and an attorney have been hired to help
the beaches monitor and research the case.
Reports/Requests 10. Reports andlor requests from City Commissioners and City
City Commissioners Attorney
City Attorney
. ---- _ _ ,
February 28.2005 REGULAR COMMiSSiON NIEF,TING Paee 14
Commissioner Beaver
• Discussed along-standing Code Enforcement violation situation at
457 Sailfish Drive that he would like to see resolved. He referred to
pictures given to the Commission to illustrate the problem at the
site. Commissioner Beaver stated that the City needs to find a way
to stop the situation since the administration of Code Enforcement
notices and fines for the past 8 years has not been sufficient to
resolve the issue.
Alex Sherrer, Code Enforcement Officer, reported the details of the
situation to the Commission and the efforts already taken by Code
Enforcement in attempts to receive compliance from the property
owner.
City Manager Hanson suggested researching provisions used by
other cities for similar situations and asking the City Attorney what
other options are available to the City for handling this situation.
City Attorney Alan Jensen advised that there does not appear to be
any criminal violation for the police to handle and therefore the only
recourse for the City is through Code Enforcement. He also
advised that, due to state laws, a foreclosure can not be filed because
it is homestead property.
Commissioner Simmons
• Also commented on the Sailfish property and discussed a phone call
' ' she received from a concerned citizen regarding the site.
.. • Noted that the new signs installed at two gas stations on Mayport
Road look good and make a great difference in the aesthetics of the
area.
• Discussed a phone call she received inquiring further into the
situation with the news racks located throughout the City. She
asked if there is a way that the City can regulate the size, placement
or uniform appearance of the items. Sonya Doerr, Director of
Planning and Zoning, responded that the issue is very complicated
and many local governments have lost money trying to regulate the
.issue.
• Informed the Commission on complaints she received regarding the
dumpster located at Al's Pizza. She stated that there is no drain
located under the dumpster and this causes rain or water used to
wash the dumpster to flow down the driveway and sit in the gutter.
• Reported complaints are being received regarding weekend work
being done without proper permitting.
• Stressed that the community character process needs to begin soon,
before the summer begins. She also reiterated the need to involve
the community with the decision-making.
Fchruary 23.2005 RF,GULAR CONiMiSSiON NIF,F.TING ~ PaRe 15
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:00 p.m.
John Meserve, Mayar/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk