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MinutesMINtTTES REGULAR CITY COMMISSION lYIEETING ' May 23, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance ]N 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. Approve minutes of the Regular Commission meeting of April 25, 2005 and minutes of the Regular Commission meeting of • IVIay 9, 2005 Mayor Meserve explained that there were two sets of minutes to approve due to the City's computer failure delaying the completion of the minutes from Apri125, 2005. Motion: To approve minutes of the Regular Commission meeting of Apri125, 2005 Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve Nay: 0 MOTION CARRIED Motion: To approve minutes of the Regular Commission meeting of May 9, 2005 Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Niav 23.2005 R1;GULAR COlYii~IISSION NI1r1;TING Pa~c 2 Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of Independent Auditor's Report by Purvis, Gray & Company Ron Whitesides, C.P.A., introduced himself and Steve Pratto, Staff Auditor, as members of the Atlantic Beach audit team. He apologized for the late delivery of the report and explained that the hurricanes of last year presented internal challenges for his company that prevented them from completing the reports by February or March, as normal. Mr. Whitesides proceeded to review the highlighted items in the reports and indicated that the report complied with all federal, state and local accounting requirements. Mr. Whitesides noted that his company audits the financial statements as maintained and presented by the City. He stated that the auditors look for accuracy in the figures, examine the internal controls used, and test for compliancy with governmental standards. Mr. Whitesides stated that, in the opinion of his company, the financial statements audited presented fairly and he proceeded to briefly review the information in the report. He pointed out that the Managements' Discussion and Analysis is a new addition to the audit report and provides a good overview of the City's activities during the audit period. One of the items addressed by Mr. Whitesides was the utility fund, as seen on the income statement in the report. He noted the utility fund is operating at a slight loss and commented that his firm prefers to see municipalities cover their depreciations. He reported that Atlantic Beach is very close to that goal, and encouraged the City to strive for having its utility fund break even in the future. He also discussed the City's Debt Service Coverage ratio and advised that the Commission keep an eye on that figure since it was only slightly higher than the required percentage. He also briefly discussed the history and current status of the assets and projected liabilities of the City's pension plans. In closing, Mr. Whitesides noted that the report is very good and commended the City staff at its job of maintaining the books and complying with the regulatory provisions. There were no questions or comments from the Commission. Mayor Meserve thanked Mr. Whitesides and praised Nelson Van Liere, Finance Director, for keeping the financial records in good order. B. Presentation of Transportation Improvement Program by First Coast Metropolitan Planning Organization Mayor Meserve introduced Wanda Forrest, of the First Coast Metropolitan Planning Organization, to present the Transportation Improvement Program. Ms. Forrest reviewed the plan and noted that it is a five-year N[av 23.205 REGULAR COMMISSION MEETING Pa c 3 program. She read through the projects listed in the supplement given to the Commission and noted the years for construction of each. The supplement plan is attached and made part of this official record as Attachment A. ' Mayor Meserve expressed concern that every arterial road entering the beaches will be under construction simultaneously. Ms. Forrest responded that she will research the issue further and bring back information for the Commission. Commissioner Beaver asked if the new Intracoastal Waterway bridge being constructed at Beach Boulevard will take three years for construction or if the construction costs are being spread out over three years. Ms. Forrest answered that the project is scheduled to be constructed between 2005 and 2008. Commissioner Waters inquired if the improvements planned for the intersection of Atlantic Boulevard and Kernan Boulevard included an overpass. Ms. Forrest responded that currently the project entails studying the location in order to determine what types of improvement would take place. Commissioner Waters asked why the Hodges Boulevard project is labeled as an urban section. Ms. Forrest replied that it is categorized as compared to a rural area. Commissioner Waters asked why the San Pablo intersection was going to be only three lanes and, thus, mainly turn lanes. Ms. Forrest referred to the fact that it is part of the DOT Work Plan and the Better Jacksonville Plan's projects. C. Courtesy of Floor to Visitors Stephen Kuti,1132 Linkside Drive, discussed an article in the May lSa' local newspaper which quoted a member of the Tree Conservation Board as stating that a tree in a resident's yard belongs to everybody. Mr. Kuti stated ' that a tree on private property belongs to the owner alone. He suggested preserving trees on private property by educating the public of the importance of trees. He advised the Commission to consult the City Attorney before changing the Tree Ordinance. Patricia Hairston, 1360 Picarsa Drive, Jacksonville FL, identified herself as President of the Pablo Point Civic Association. She stated her opposition to the Comprehensive Plan Application 2005A-018, Resolution OS-616. She advised the Commission that the application, submitted for an 81-acre multi-parcel change of the 2010 FLUM at the Intracoastal waterway, would adversely affect Pablo Point, the coastal area, and complicate the evacuation of the City. She asked the Commission to review the maps she provided and asked that they not support the project. Ms. Hairston discussed the project's threats to the environment affected, as well Nlay 23, 2005 REGUi,AR CONINIISSION MEETING Pale 4 as to the marsh front property that would have condominiums built in front of their homes, if the plan were approved. Nlary Biliotti, Pablo, 469 Pablo Point Drive, Jacksonville FL, discussed her opposition to the proposed Comprehensive Plan Amendment. Ms. Billotti stated that she has lived on the Intracoastal waterway for 23 years and does not want a condominium in her backyard. She indicated that Atlantic Beach's evacuation plan would suffer if the project were approved. ' She discussed current problems with hurricane evacuation in her area and commented that the proposal would add more complications. She advised the Commission to look into all the information regarding the proposed ' development. She identified herself as a National Wildlife Federation Backyard Wildlife Habitat owner who does not want condominiums interfering with her view of wildlife. She distributed a copy of the information presented and her certification. J•P.1Vlarchioli, 414 Sherry Drive, discussed the plans for the Five Point Intersection and noted that its rendering is not drawn to scale. He believed that Seminole Road traffic would back up without aright-turn lane being included. He expressed concern that no traffic count was done for the access roads leading to the intersection. Mr. Marchioli indicated that if the City wants to claim rights over trees on private property, it must then assume responsibility for any damages caused by those trees. He also commented on the following issues: 1) lack of funds for the Tree Board; 2) chemicals affecting roots in sewers and resulting in loss of foliage; 3) arborists should be provided by the City to consult with property owners regarding tree situations; 4) lack of eyeglasses service in Atlantic Beach; 5) suggestion for street numbering situation; 6) never received invitation for skate park opening; 7) yield signs should be place at crosswalks. Valerie Britt, 378 Tilefish Court, Jacksonville FL, provided anine-page letter giving an overview of her concerns regarding the proposed Jacksonville Comp Plan amendment and also a map showing the area of most concern to her and other residents. She also distributed the latest transportation plan review and noted that if the amendment were adopted, the level of service on the Atlantic Boulevard evacuation route would not be maintained. Ms. Britt presented her reasons for addressing this issue even though it is out of the Atlantic Beach jurisdiction. She stated that the neighboring municipalities have the opportunity to comment on the amendment if they so chose. She discussed the plan's effect on the hurricane evacuation routes and on the sensitive conservation areas involved. She addressed the concerns of preserving the existing established rights versus creating new development rights and higher density in the coastal high hazard area. She asked the Commission to review her comments. Unfinished Business 3. Unfinished Business from Previous Meetinb from Previous Meeting May 23.2005 RE('TULAR CO~INIISSION MEETING Page 5 A. City Manager's Follow-up Report City Manager Hanson discussed a request at the last meeting to put in a right-turn lane on Seminole Road at the Five Paints Intersection. He referenced a letter from Laura Phillips, Project Engineer for HDR Engineering, addressing the suggested turn lane. The letter is attached and made part of this official record as, Attachment B. City Manager Hanson quoted portions of the letter that stated the company did not recommend the addition of the proposed turn lane at this time. Specifically, HDR Engineering indicated that the addition of the turn lane could result in greater confusion and adversely impact the safety at the intersection and would negatively impact the groperty owner at that location. City Manager Hanson gave afollow-up report on the new skate park. He reported that, since its opening, the City has processed 269 waiver forms from parents allowing their children to use the park and he gave the breakdown of the numbers by area cities. Commissioner Waters commended the City on Russell Park, in general, and the amount of community activity that takes place there. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Building Department Monthly Report for Apri12005 (City Manager) B. Authorize the Mayor to sign the Application for Revenue Sharing 2005-2006 (City Manager) Motion: To anUrove Consent Agenda Items as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons,•Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 58-OS-31, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, AMENDING DIVISION IV, POLICE OFFICER'S RETIREMENT SYSTEM, SECTION 2- Nlav 23, 2005 REGUi.AR COMMiS5ION MEETING Pacc 6 310.27 MEMBER CONTRIBUTIONS TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He explained that this ' ordinance primarily addresses a 1% raise in the police employee pension contribution rate and has already been discussed during union negotiations. 11~Iotion: To approve Ordinance No. 58-OS-31 on first reading. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Property Exchange at Wastewater Plant No. 2 (City Manager) Motion: To authorize staff to proceed with investigating and preparing ' the necessary documents for the property exchange. City Manager Hanson presented the background of the property and showed ' pictures of the area being discussed. He stated that the property owner and the City would both find it advantageous to exchange properties and discussed the reasons for the proposal. He noted that the City would need to acquire an appraisal of each parcel and, according to the City Attorney, would need to pass an ordinance in order to accomplish the property swap. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Approval of Police union contract for the period October 1, 2004 through September 30, 2007 (City Manager) No discussion Motion: To approve the FOP Union contract for the period October 1. 2004 through September 30, 2007. Mav 23, 2oQ5 REGULAR CONINiiSSION MEETING Pane 7 Moved by Beaver, seconded by Waters Votes: " ' Aye: 5 -Beaver, Parsons, Simmons, Waters, iVleserve Nay: 0 1yIOTION CARRIED C. Request by Prosser Hallock Planners and Engineers, on behalf of Bridge Tenders, LLC, to waive the 365-day time period to permit the City Commission to take action prior to November 8, 2005, following denial of the previously requested change in Zoning District Classification for Johnston Island (City IVlanager) Sonya Doerr, Director of Planning and Zoning, reported that staff did not find substantial changes in the new proposal as compared to the original application. Ms. Doerr's staff report is attached and made part of this official record as Attachment C. She indicated that the 365-day time limit could not be waived without changing the ordinance and staff did not recommend changing the ordinance for this specific application alone. City Attorney Alan Jensen referred to Section 24-62 of the Atlantic Beach Code of Ordinances that states if someone applies for basically the same proposal on the same property, the City cannot take any action unti1365 days from the previous denial. He advised that the City can make the determination of whether or not the new application is substantially different from the previous one. Motion: To deny the request by Prosser Hallock Planners and Engineers for the Commission to take action on the new proposal from Bridge Tenders Developers, L.L.C. prior to the 365-day time limit Commissioner Waters indicated that when the plan is brought back before the Commission, he would like to see more details on the proposed size of units and proportion of land being used before voting on the plan. Mayor Meserve noted that, based on advice from the City Attorney, it was the consensus of the Commission not to change the City ordinance for an individual situation. Thus, the Mayor directed the discussion back to the question of whether the Commission finds substantial changes in the new application that validate taking action on the proposal. Paul Harden, the attorney representing Bridge Tenders, L.L.C., clarified his client's request asking the Commission to consider the new plan as substantially different from the original application. He described the settlement attained with the three citizen petitioners and briefly itemized ' ~ the substantial changes being proposed as a result of that settlement. He discussed the Future Land Use Management amendment change and its inconsistency with the current zoning of the area being discussed. N[av 23, 2005 REGULAR CONIN'IiSSION NIEETING Pa~c R Commissioner Beaver indicated that the proposed development's 21-unit and 35-foot height limits are the same terms as presented in the original plan, and thus do not reflect any substantial changes. He also pointed out that the petitioners who settled with the developer were not litigating on ' behalf of the City of Atlantic Beach. The Mayor called for a roll call vote. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED The Mayor noted that the request was denied and that the developer can bring the proposal back before the Commission again in November. D. Justice Assistance Grant II (City 1Vlanager) This item was acted on in conjunction with Item E. E. Federal Equity Sharing Agreement (City Manager) This item was acted on in conjunction with Item D. Motion: To authorize the Mavor to sign the related paperwork for the application and the paperwork related to the TAG II and to authorize the Mavor to sign the Federal Equity Sharing Agreement on behalf of the City of Atlantic Beach. Mayor Meserve commended Chief David Thompson, Public Safety Director, on his work at successfully finding grants for the City for a ' ~ number of years. He noted that this has resulted in improving the equipment and training in the Police Department, thus increasing the safety of the City. .. City Manager asked Chief Thompson to explain the two Justice Assistance Grants awarded to the City of Atlantic Beach. Chief Thompson informed ' the Commission that the first grant awarded $72,000 towards the Crime Suppression Unit and the second grant provided $65,000 towards purchasing and implementing a Computer Aided Dispatch (CAD) system. He noted that his department is pursuing and anticipating a number of .. additional grants resulting in the Public Safety Department acquiring a total of over $300,000 in funds to be added to the budget. He thanked his staff for their assistance with these projects. Niav 23, 2005 REGULAR CONINIISSION MEETING Page 9 Mayor Meserve clarified that Items D and E were combined in the one motion, authorizing him to sign paperwork for the Justice Assistance Grant and for the Federal Equity Sharing Agreement. Chief Thompson explained the Federal Equity Sharing agreement. He noted that it allows the City to share the assets of federal forfeiture funds from seized property as a result of federal investigations. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 1VIOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported that the Beach Renourishment project is about to begin and asked Rick Carper, Director of Public Works, to present information regarding this topic. Mr. Carper indicated that Kevin Bodge, of Olsen and Associates, will give an overview and status of the project at the next Commission meeting. Rick Carper gave a.brief history of the' issue and pointed out that it has been ten years since Atlantic Beach had its beaches renourished. He showed a map indicating the areas involved with the project and noted that the borrowed sand will be acquired nine miles offshore. He also presented a graph showing the distribution of the sand in areas being renourished. Mr. Carper reported that over 400,000 cubic yards of sand will be used in Atlantic Beach and that the project will be funded by federal, state, and local resources. He reviewed the project's schedule, noting that the contract should be awarded in late May. Mr. Carper indicated that the beach renourishment should begin in late June or early July and they expect it to be completed in 40-60 days. He emphasized that the operations for the project will be on a continuous basis, 24 hours, 7 days a week, at a rate of 300 feet of beach per day. He advised the Commission that the project will be noisy and will involve closing the beach accesses. Commissioner Beaver recommended placing an article in the Tideviews newsletter, in order to inform the public on the process involved. Mr. Carper indicated that information would also be distributed with the City utility bills. Commissioner Simmons inquired where the sand will be placed on the beach and whether there will be a valley between the old dune and the new Niav 23.2Q05 REGULAR CONINIISSION NIEF,TING Pale 10 sand. Mr. Carper responded that Mr. Bodge will show across-section of the project during his presentation at the next meeting. Commissioner Simmons discussed the issue of planting sea oats. Mr. Carper noted that they plan on including some type of stabilization planting in the project area. Commissioner Parsons asked if the Army Corps of Engineers agreed upon the volume of sand and asked if anyone discussed the idea of acquiring sand from the Nassau County area. Mr. Carper responded that there are numerous environmental issues associated with using sand from that area. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Asked if a decision was made to eliminate the turn-lane from the Five Point Intersection improvements. The City Manager clarified that the northbound turn lane from Seminole to Sherry would still be included in the plans. • Expressed appreciation for a letter received from a resident, complimenting the performance of the City's Police Department while handling an incident in their neighborhood. • Reported that his wife's recovery is progressing very well and thanked everyone for their thoughts and prayers. Commissioner Simmons • Announced that the time and date for the public meeting regarding Community Character of the City has been set for Tuesday, June 14, 7:00-9:OOpm at Atlantic Beach Elementary school. She indicated that it would be a citizen start-up workshop and stressed its importance to the City's process of educating and sharing information with its citizens. • Questioned the placement of the oak trees in the Five Points Intersection plans. She expressed concern with the new turn lane being placed north of the oaks. Rick Carper, Director of Public Works, explained that the turn lane is located just barely south of the existing trees. • Commissioner Beaver expressed concern with the project cutting ' through the oak tree roots and asked that the City ensure the procedure is done properly. Nlay 23, 2005 REGULAR COMMISSION 1LIEETING Pale lI Commissioner Parsons •:• Asked if the City of Atlantic Beach has ever given any money to Dial-A-Ride and suggested researching what other cities have contributed. • Commented on the location of the Celestial Moon-A-Tee location and noted that the kids using the park enjoy having the statue there. Commissioner Waters • Commented on the auditor's report that the utility fund was losing revenue and inquired if the septic tank conversions will increase revenues in utilities. City Manager Hanson confirmed that information and reported that the City expects 163 residents to eventually convert to City sewer. • Expressed the need for the Commission to discuss the concerns of the Pablo Point residents and the effects of the proposed development across the waterway from the City. Asked for the City to acquire more information on the situation and its affect on the City. Mayor Meserve recommended following the situation as it progresses and then reviewing the results and impacts it might bring to the City. • Discussed a complaint he received regarding skateboarders in Bull Park. • Inquired about a news report regarding a murder in Atlantic Beach. Chief Dave Thompson presented. the basic information on the homicide that occurred on Francis Avenue early that morning. Adjournment There being no further discussion, the Mayor declared the meeting was adjourned at 8:50 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk