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