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MinutesMINUTES REGULAR CITY COMMISSION MEETING July 11, 2005 ' CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Pro Tem Richard Beaver City 1Vlanager Jim Hanson Commissioner Paul B. Parsons City Clerk Donna L. Bussey Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III ABSENT: Mayor John Meserve (Excused) Call to Order/Pledge Mayor Pro Tem Beaver called the meeting to order at 7:15 p.m. The Invocation,.given by Commissioner Waters, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve minutes of the Regular Commission meeting of June 27, 2005. Motion: Approve minutes of the Regular Commission meeting of ,Tune 27, 2005. Moved by Parsons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 1yIOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Steve Bagby,1817 Sylva Grande Drive, informed the Commission of the prescription relief program that passed through Jacksonville's City Council the previous week. He explained the purpose of the program is to help provide prescriptions for low-income people who are not on Medicaid and who have no insurance coverage for medications. Mr. Bagby noted that the Mayor, the City Manager, and he have worked to create an informational insert that will be distributed to Atlantic Beach residents with their utility bills and newsletters. The program is scheduled to begin August 15, 2005. . Stephen Kuti,1132 Linkside Drive, discussed the 35-foot height limit being proposed by Commissioner Beaver. He spoke in favor of this ' ' initiative and urged the Commission to support placing the referendum on the ballot. Mr. Kuti recalled a similar request initiated by citizens two years July 11, 2l)0~ REGULAR COMMISSION 1~II:ETING Pale ? ago and advised the Commission to allow adequate time for following the proper procedures needed to place the referendum on the ballot. Pat Pillmore, 99~ Camelia Street, expressed her surprise at the bypass road created on Main Street through Marsh Oaks. She discussed traffic control issues as they pertain to Orchid Street, Plaza, and the difficulties in crossing Nlayport Road. She indicated that more people walk or bike on Orchid Street than on Main Street and suggested that Orchid Street would be a more valuable and safer location for the ped path. Ms. Pillmore spoke favorably of the Atlantic Beach Community Character workshops and hoped that anything done on Johnston Island would reflect the same decisions and processes discussed at the workshops. Alan Potter, 374 2"`~ Street, expressed his opinions, as an Atlantic Beach citizen, regarding the 35-foot height limit issue. He asked that the Commission consider the different zoning categories in the City before making any all-inclusive decision on height limits. He discussed the shortage of land and parking space currently available for businesses and their possible future needs for additions and modifications in these areas. He did not~believe that a 35-foot height limit would be best for the entire City. J.P. Marchioli, 414 Sherry Drive, made the following comments: 1) Discussed the proposed changes to the City's tree ordinance and suggested considering the lifespan of trees when deciding their value; 2) Believed the Interlocal agreement for the Mayport medians and improvements should be voted on by the citizens; 3) Asked how a 35-foot height limit would affect the City's water tower or the Sea Turtle Inn; 4) Discussed the reduction of water consumption in his home as a result of installing efficient household fixtures and the credits issued by other cities to encourage such installations; 5) Would like to see statistics on making right turns onto Seminole Road and commented on the inconvenience of waiting during heavy traffic in order to make right turns from Seminole Road; 6) Expressed his concern with the speeding traffic on Sherry Drive. Jamie Fletcher, 340 Garden Lane, agreed with Mr. Marchioli's point regarding the importance of measuring the lifespan of trees. He supported the idea of citizens having the opportunity to vote on a 35-foot building height limit. He noted that he was pleased to see the proposed tree ordinance changes being discussed on the agenda that evening. A. Brad Armstrong -Gabriel, Roeder, Smith and Company Nelson Van Liere, Director of Finance, introduced Brad Armstrong of Gabriel, Roeder, Smith and Company to present the ?004 actuarial reports for the City's pension funds. Mr. Armstrong gave a brief history and definition of the actuarial reports provided by his company. He explained that the City of Atlantic Beach has two retirement systems, one for police officers and one for general employees. NIr. Armstrong proceeded to give a July 11, 2005 REGULAR COMNIISSiON MEETING Pale 3 Unfinished Business from Previous Meeting summary of each report and was available for any questions or comments from the Commission. (A copy of each actuarial report is kept on file in the City Clerk's office.) 3. Unfinished Business from Previous IVleeting A. City 1Vlanager's rollow-up Report City Manager Jim Hanson summarized his written report, which is attached ' ' and made part of this official record as Attachment A. His report addressed the water bill complaint received from Jack Murphy at 1126 Main Street. He concluded that the history of the location's consumption ' indicated that the three months of high water usage could be attributed to watering newly installed grass. He noted that~Mr. Murphy's water meter was tested and results showed that it was accurate. City Manager Hanson ' ' reported that staff did not feel that any adjustment to Mr. Murphy's bills • would be appropriate in this situation. Commissioner Simmons discussed the issue of the City's graduated billing rate. City Manager Hanson pointed out the City's policy that water leaks are charged at the lower rate, not the graduated rates. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Building Department Monthly Report, Public Works and Utility Department Report and Report of New Occupational Licenses issued in June (City Manager) Motion: Approve Consent Agenda Item as presented. Moved by Simmons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 MOTION CARRICD Committee Reports 5. Committee Reports A. Community Development Board Robert Frohwein, Chair of the Community Development Board, discussed the Board's activity during the past year. He noted that they reviewed seven variances, approved three of them, denied three of them, and one was withdrawn. He reported that the Board gave favorable review to six Uses by Exception that came before them and were passed on for approval by the ulv 11.2005 Rr('.ULAR COMMISSION N[EisTING Pa~c 4 Commission. Mr. Frohwein thanked the board members for the fair and . , thoughtful consideration they give to each case. IVIr. Frohwein stated that the Community Development Board attended numerous meetings and community workshops that addressed growth issues within the City. He spoke favorably of the citizens' involvement at the meetings and commended the Commission for taking action and establishing a firm stance on these issues. Commissioner Waters asked if the Board currently had all positions filled and if they expect any vacancies. Mr. Frohwein responded that they currently have full membership but that he will be vacating his position as Chair, beginning next month. He noted that he has been on the board for seventeen years. Mr. Waters expressed regret that Mr. Frohwein would not be continuing with the board and asked if there were any other anticipated ' vacancies. Sonya Doerr, Community Development Director, pointed out that terms for three of the members will end in December ?005, but they are eligible for reappointment, if desired. Mayor Pro Tem Beaver thanked Mr. Frohwein for his seventeen years of community volunteer work for the City. Action on Resolutions 6. Action on Resolutions Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-05-71, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 Mayor Pro Tem Beaver opened the floor for the public hearing. There being no public comments, the Mayor Pro Tem closed the public hearing. There was no further discussion. Motion: To approve Ordinance No. 20-05-71 on fins[ reading. IVloved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 , 1VIOTION CARRIED Miscellaneous Business 8. Miscellaneous Business July 11, ?005 REGULAR COMMISSION MEETING Pa~c S A. Modification to the approved Development Plan for the Paradise Preserve PUD to revise recreation and park areas (City Manager) City Manager explained the background of the proposed development plan and noted that the developer is requesting approval of reconfigurations of the original plan in order to accommodate changes in the storm water plans and recreation space. City Manager Hanson referred to drawings of the original and proposed plans and provided a description of the requested amendment being presented. Commissioner Parsons asked for clarification of the retention pond area with the proposed gazebo. Paul Nichols, of Bestcon Homes of Jacksonville, gave the history of the PUD and the proposed amendment to it. He explained the changes needed for the storm water retention areas, and the' resulting decrease in the recreation space originally presented in the PUD. Discussion ensued regarding the plans for the gazebo and the other proposed community areas. Commissioner Waters commended Mr. Nichols on a good job despite Commissioner Waters' dislike for PUDs in general. Commissioner Simmons also expressed her appreciation for Mr. Nichol's efforts on designing an attractive PUD. Motion: To annrove modifications revisine the recreation and nark areas of the original approved Development Plan for the Paradise Preserve PUD, subject to finding that the proposed revisions are consistent with the PUD and that adequate recreation, open space, and recreational amenities to serve the proiect will he provided. Moved by Simmons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 .. MOTION CARRIED B. Change order #2 from C.C. Borden Construction (City Manager) City Manager Hanson stated that the change order pertains to additional work needed during the construction of the new city hall building. He explained there were revisions needed for the air conditioning units in the old building in order to connect with the newly constructed area. He noted that the change order is not for work being redone, but rather is for necessary changes that were not discovered until after the ceilings and walls in the old area were exposed during the construction process. July 11 2005 REGULAR COMMISSION MEETING Pace 6 Commissioner Parsons inquired about the change order being dated May .. 16, 2005. Don Ford, City Building Official, provided an explanation of the work that has been done since that date and discussed the process of how the current change order has evolved into its present state. Motion: To approve the Change Order #2 from C.C. Borden Construction. IVloved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 1VIOTION CARRIED C. Award the contract to Surface Management for City Street sweeping and extend the contract for FDOT monthly sweeping for a total of $20,736.00 (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present the information regarding this issue. Mr. Carper discussed the two separate types of street sweeping performed in Atlantic Beach. He explained that, for financial reasons, the company that provided sweeping for the city streets did not desire to continue its contract with the City. He reported that Surface Management, the contractor performing street sweeping for the City's FDOT roads, has agreed to take over the city streets at the price they presented in their original bid. 1Vlotion: To award the contract to Surface iVlana~ement for City Street sweeping and extend the contract for F'DOT monthly sweeping for a total of $20,736.00 LVloved by Waters, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 1VIOTION CARRIED D. Request for Authorization to Enter into Interlocal Agreement with the City of Jacksonville for Construction of the 1Vlayport Road Median and Landscape Improvements (City Manager) City Manager Hanson noted that this project has been worked on for four years due to the fact that it involves areas of Mayport Road that are not within Atlantic Beach's city limits and thus involves coordination with the FDOT and the City of Jacksonville. Rick Carper, Director of Public Works, reviewed the project's timetable that was distributed to the Commission and is made part of this official document as Attachment B. Mr. Carper stated ulv 11, 2005 REGULAR CONIMiSSION MEETING Pacc 7 that the City of Atlantic Beach will contract with GAI Consultants for designing the project area within Atlantic Beach city limits and then the COJ will piggyback on that contract and use GAI Consultants as a sole source for the design of the improvements for the entire Mayport Road corridor. He reported that the City of Jacksonville has agreed to be the overall project manager and will eventually combine the agreements into one contract for GAI to provide the services for the entire project. Mr. Carper anticipated approval of the City's contract with GAI at the first Commission meeting in August and then the conceptual design process would take about three more months before being presented for community comments and feedback. He noted that the final design should be completed by July ?006, when the DOT funds for the project will also become available. He anticipated that actual construction will begin in January 2007. Commissioner Parsons inquired if the design included the infrastructure . necessary for the project. Rick Carper confirmed that the majority of the project actually consists of providing the necessary infrastructure and discussed the specific improvements intended for the Atlantic Beach portion of the road. Commissioner Parsons asked if any of the Town Center money is being used for this project. Mr. Carper clarified that the Town Center money mentioned is from the City of Jacksonville's funds, not the beaches' Town Center funds. Commissioner Waters inquired about the location of the utilities for the project. Discussion ensued regarding the costs and effects of utility cables being placed above or below ground level. Mayor Pro Tem Beaver stressed the importance of communicating with the affected commercial district regarding the timing of the project and any community hearings held on the subject. Mr. Carper agreed and noted that all public hearings pertaining to the project will be held in Atlantic Beach. Commissioner Waters pointed out a scrivener's error on page four, line two of the document. He noted that the language should read "within" Atlantic Beach city limits, rather than "with". He also pointed out that there was no ordinance number specified on page five. Mr. Carper responded that that information would be filled in once it is determined. Motion: To authorize the iVlayor to sign the Interlocal Ai;reement between COAI3 and CO,J providing design and funding responsibilities for_the proposed 1Vlayport Road median and landscape improvements. Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 MOTION CARRIED .TuIV 11, 20115 REGULAR COMI~'ITSSION i~TEETING Paec 3 • ~ , I/. Authorize Staff to negotiate and the City IVlanager to sign a Contract Addendum authorizing a monthly fuel surcharge (or credit) for services provided by Waste Services of Florida (City 1Vlanager) City Manager Hanson provided the background on the request from Waste Services of Florida to consider a fuel surcharge increase to their contract. ' He reported that, since that initial request, most of the concerns and questions from the Commission have been researched and clarified by Staff. Rick Carper, Director of Public Works, gave examples of how the City of ' Jacksonville and other cities have approached similar situations. Mayor Pro Tem Beaver inquired if Atlantic Beach could piggyback on COJ's process of buying the fuel and providing the fuel to their waste haulers. Mr. Carper responded that he would look into it and report his findings. The City Manager recognized and commended Steve Wright, General Manager for Waste Services of Florida, for providing excellent service after the hurricane storms this past season. City Manager Hanson reported that staff feels the project addendum is fair, due to unanticipated excessive fuel costs since the original contract was negotiated. Motion: Authorize Staff to negotiate and the City 1Vlana~er to sign a Contract Addendum authorizing a monthly fuel surcharge (or credit) for services provided by Waste Services of Florida Commissioner Waters asked how long the contract addendum would last. City Manager noted that the current contract expires in May 2006 and the City has the option for renewing the contract and the addendum every five years thereafter. Moved by Simmons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Beaver Nay: 0 MOTION CARRIED F. Proposed Changes to the Tree Ordinance by the Tree Conservation Board (City Ivlanagerj It was noted that this item was on the agenda for the purpose of discussion only and that no action was necessary at this time. City Manager Hanson presented the background on the creation of the recommended changes to the Tree Ordinance as presented by the Tree Conservation Board. Commissioner Simmons suggested reviewing the ordinance in a workshop forum and looking at other city ordinances for comparison. Commissioner July 11, X005 RrGUI AR COMMISSION MEETING PaEC 9 Waters agreed and suggested scheduling the workshop to be held after the • ~ . Community Character meetings in August. Commissioner Parsons concurred. Mayor Pro Tem Beaver suggested gathering information from the Tree Board and from Winters and Company to bring to the workshops. He thanked Don Ford, City Building Official, and the Tree Board for their work on the proposed ordinance changes. Commissioner Simmons mentioned that the proposed ordinance changes could affect budget issues in the Building Department and the Planning and Zoning Department. Examples cited included costs involved in monitoring any new regulations and in adding any new permitting processes. G. Discussion on height requirements (Commissioner Beaver) Mayor Pro Tem Beaver noted that since the Community Character workshops there have been numerous discussions regarding height limits within the City. He recounted that last year many citizens were concerned with the proposed Johnston Island project that would have allowed extreme height limits. He noted that, as a result, the Commission changed the City's Comprehensive Plan in order to seta 35-foot height limit that could not be changed without an additional change to the Comp Plan. Mayor Pro Tem Beaver expressed his concern that, in the future, a different Commission could change the currently set height limit by amending the Comprehensive Plan again. Therefore, he was suggesting a referendum be placed on the local election ballot in October in order to amend the City's charter by adding the 35-foot height limit. He discussed the process for placing a referendum on the ballot and asked the Commission if they would like to proceed with the idea. Commissioner Parsons expressed concern with setting a precedent of using a referendum to permanently change the City's height limit. He believed that the current 35-foot height limit is securely set and it would be a difficult process for future Commissions to change it by amending the Comp Plan. Commissioner Simmons agreed that the height limit issue should be reviewed and discussed but expressed the opinion that it would not be threatened by the current or next Commission members and therefore is not necessarily a high priority item for this year's ballot. She indicated that currently the City has other issues that are more pressing and require more immediate discussions and decision-making. She stated that she would prefer more time to study and answer questions regarding the proposed referendum before making a decision on it. She also believed that the height limit issue would be better discussed when a full Commission is present. Commissioner Simmons suggested the possibility of placing the Jaly ll ~00~ RrGUI,AR CONINIISSION MEETING Pale 10 referendum on anon-municipal election year ballot so that the issue would not be politicized. City Attorney Alan Jensen responded that a referendum can be placed on the ballot for the next general election for the municipality or at a special election called specifically for that purpose. Commissioner Simmons asked Sonya Doerr, Director of Planning and ' ' Zoning, to describe the process that a developer would currently need to follow in order to exceed the height limit. Ms. Doerr noted that it would require a large scale amendment that would require full review by other ' ' agencies. She noted that the current language is very specific regarding what type of projects could be pursued or approved. Discussion ensued regarding density issues and height limit waivers. Ms. Doerr noted that ' ~ zoning regulations state that all height waivers must come before the Commission for approval. Commissioner Simmons discussed the Sea Turtle Inn and situations in her neighborhood where variances were granted to exceed the 35-foot height limit. She commented on the need for the City to have flexibility and options for the future. Commissioner Simmons stressed the importance of not making a rushed decision on the issue. Commissioner Waters agreed that the Commission should take some sort of action regarding the height limit within the next year, but that the appropriate time may not be right now. He stressed the importance of carefully crafting any decision made and discussed the need to balance the City's problems with the possible solutions. He agreed with the need for the Commission to further discuss and workshop the issue. Discussion ensued regarding height waivers and how the City's policies are applied to PUDs and residential areas. Mayor Pro Tem Beaver reiterated the need for the Commission to continue discussions on this issue and expressed his concern for the height limit to remain intact 10-15 years in the future. City Manager 9. City Manager A. City Nianager's Report Community Character Workshops The City Manager reported that the second set of the workshops is currently scheduled for August 17 and 18. It was noted that one Commissioner will be out of town for those dates and that the City staff will be attending a number of budget workshops during the same time period. Therefore, he asked the Commission for their thoughts on rescheduling the Community Character workshops until late September, October, or early November. ulv 11, 20(15 REGULAR COMMISSION NIEET[NG PaQc 11 Commissioner Parsons asked if the consultant, Winters and Company, would be able to reschedule also. City Manager Hanson reported that they were booked until mid-September. Commissioner Parsons saw no problem with moving the workshops to September and Mayor Pro Tem Beaver agreed it was important to have all the Commissioners able to attend the meetings. It was the consensus that the City Manager would bring back some possible rescheduling dates for the Commission to consider. Prescription Relief Program The City Manager noted that Mayor Meserve has been working with the City of Jacksonville to encourage and support the Prescription Relief program for low-income people. He distributed a memo from the Mayor , which is made part of this official record as Attachment C, and corrected a scrivener's error, stating that the Jacksonville City Council approved the bill on June 28, not July 28. He noted that COJ is asking Atlantic Beach to support the project by mailing information sheets with the City utility bills and by allowing applications for the program to be available at City Hall. Commissioner Parsons asked about the nature of Mr. Bagby's company. The City Manager explained that those types of companies assist the program applicants with determining and verifying their eligibility and prescription needs. Commissioner Parsons reported that someone at the Northeast Florida Regional Council wanted to donate money to the program. City Manager Hanson noted that the cost for the City is very minimal. ABET Sponsorship City IVlanager Hanson reported that ABET was asking the City to assist them in collecting used children's books for a project to support literacy. They inquired if the City of Atlantic Beach could be listed as a cosponsor on their advertisements, place notice in the City newsletter, and allow book bins to be placed at Adele Grage and at City Hall. He noted possible concerns about setting a precedent for other organizations to make similar requests from the City and asked the Commission for their feedback. There was no objection to allowing ABET to place the bins in City Hall and Adele Grage and to print the City of Atlantic Beach as a sponsor on their project's advertisements. Fourth of July report Chief David Thompson, Director of Public Safety, noted that despite the beach being crowded, there were no incidents to report. He stated that no arrests were made, though the officers did seize a number of fireworks. He commented that the public was polite and courteous and traffic was light leaving the beach, compared to previous years. Beach Renourisliment Report Rick Carper, Director of Public Works, presented an update on the project. He noted that weather from Hurricane Dennis delayed the project in Jacksonville Beach by one and a half days. He reported that the contractors ulv 11.2005 RirGULAR CObIN1iSSION N[TJi;TING Pa~*c 12 are scheduled to begin pumping sand onto Atlantic Beach at 12`"Street, .. ~ , beginning Sunday. He stated that the project will continue south for approximately 23 days and reiterated that the operations run 24 hours, 7 days a week, averaging 300 feet per day. He pointed out that the 7`h Street beach access will be the location for fuel storage, generators, and the equipment needed on the beach during the project. It was reported that weekly progress meetings will be held at 8:00 a.m. in the City Hall Chambers, starting next Wednesday and continuing for three weeks. Discussion followed regarding the quality and cost of the sand being used for the renourishment. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Jensen •:• Stated that he has spoken with City Manager Hanson and Sonya Doerr, Planning and Zoning Director, regarding the sign ordinance decision recently made in Neptune Beach. City Attorney Jensen had some suggestions for minor changes to Atlantic Beach's own sign ordinance, in order to keep it constitutional. He asked the Commission for their permission for him to prepare his suggestions and bring them back for their approval. The Commission strongly agreed. Commissioner Waters • Asked for clarification of the Paradise Preserve motion. Sonya Doerr, Community Development Director, explained that she was ensuring that the recommendations concerning the findings in her staff report be included in the motion. • Inquired about materials that will be used to construct the gazebo. Expressed his concern that the structure be built to last. Sonya Doerr responded that the materials are reviewed during the permitting process in order to ensure proper quality. Adjournment There being no further discussion, Mayor Pro Tem Beaver declared the meeting adjourned at 9:17 p.m. John Meserve, Mayor/Presiding Officer ATTIJST: Donna L. Bussey City Clerk