MinutesMINUTES
REGULAR CITY COMMISSION MEETING
August 8, 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. Approve minutes of the Regular Commission meeting of July 25,
2005.
' ~ Motion: To annrove minutes of the Regular Commission meeting of
. ~uly 25, 2005
' ~ Moved by Simmons, 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 John Pastore, Blue Water Environmental of
Florida, Inc., on Corc City FDEP 319 Grant
Rick Carper, Director of Public Works, presented a review of the draft
report for the DEP 319 Grant received for Core City stormwater
improvements. A copy of his slide presentation is attached and made part
of this official record as Attachment A. He stated that both the draft and
final reports are requirements of the DEP grant and informed the
Commission that Mr. Pastore will be present for the final report.
' ' Mr. Carper reviewed the benefits of the Core City stormwater
.. improvements. These included: the elimination of all stormwater discharge
into the Atlantic Ocean, retrofitting stormwater runoff treatment in
' ' previously untreated areas, and educational programs in schools and at
public meetings/events. Mr. Carper displayed pictures of and discussed the
August 8, 200 RIJGULAR CONiNiISSiON N[ECTING Page 2
emergency outfalls and the second-generation baffle boxes located in the
City. He briefly discussed the sample results from the baffle boxes.
.. B. Report from Dan Lahey, Bowen Civil Engineering, Inc., on
Drainage Improvements on Ocean Boulevard from 13`t' Street to
16"'Street
Rick Carper, Director of Public Works, introduced Daniel B. Lahey, P.E.,
from Bowen Civil Engineering, Inc., to report on the drainage
improvements at Ocean Boulevard from 13`" Street to 16`h Street. His
report is attached and made part of this official record as Attachment B.
Mr. Lahey gave a brief presentation of Phase One of the project at Ocean
Boulevard and 13`h Street. He showed a map of the general neighborhood
currently being served by the stormwater collection system. He indicated
that the system's current problems possibly stem from undersized pipes and
an area of collapsed pipes. Mr. Lahey discussed the possible benefits and
problems that could result from replacing the existing system with larger,
' 18-inch pipes in order to help alleviate the situation.
Mr. Lahey explained that Phase Two of the project would involve creating a
collection system for the two intersections north of Ocean Boulevard and
13`h Street. He discussed the proposal to construct an inverted crown
section in the blocks from 16`h Street to 13`h Street for the stormwater to run
up and down the center of the street. He noted that the St. Johns River
Water Management District (SJRWMD) stated that the project could be
constructed, provided that it did not increase peak discharge or pollutants to
the Intracoastal waterway. Mr. Lahey described the slatted pipe system
they intend to use in order to meet those requirements of the SJRWMD.
He also discussed a metal plate method they could use in order to restrict
the water flow to Phase One, if needed. Mr. Lahey discussed the estimated
costs for both phases of the project, noting that Phase Two would be more
expensive than Phase One.
Commissioner Parsons inquired if they should postpone trying the method
to restrict water flow to Phase One until after they see results from the first
rainfall. Mr. Lahey acknowledged that was a good point but indicated that
they also have a plan for addressing any problems that might arise after
trying the metal plate restriction method.
' ' Commissioner Parsons asked how the upper streets will be affected by
Phase One. Mr. Lahey stated that those pipes have been cleaned out
frequently and they do not believe that the pipes are clogged. Discussion
' ' ensued regarding the collapsed pipe area and ways to fix it.
Commissioner Simmons inquired about the gravel's water capacity in the
inverted crown system, versus sand's. Mr. Lahey responded that gravel
typically holds much more water than sand.
August 8, 2005 REGULAR CONiN1ISSION NIIJETING Page 3
Commissioner Waters inquired where the water ultimately goes. Mr.
Carper explained that it will go to the 11`h Street outfall and to the Selva
Canal.
Bennie Furlong, 1824 Tanglewood Road, Jacksonville Beach, and Gail
Ennis, 332 8t"Street, Atlantic Beach, introduced themselves as
President and Vice President of the Beaches Council on Aging. Ms.
Furlong stated they were there to request the Commission to consider
donating $1500 to the Dial-A-Ride bus system. Ms. Ennis described Dial-
, A-Ride as a service run by volunteers, providing transportation for seniors
and handicapped persons since 1975. She gave statistics on the number of
clients served in Atlantic Beach and in the other beach cities. She indicated
that they received a grant from the City of Jacksonville and that the other
beaches have assisted with funding for their service. She asked the
Commission for their consideration of a donation to Dial-A-Ride. Mayor
Meserve stated that the Commission is aware of Dial-A-Ride and
appreciates the service they offer to the community. He noted that their
request will be addressed during the budget process for the next fiscal year.
Cindy Corey, 394 Eighth Street, expressed concern regarding the proposal
for an expansion of the parking lot at Russell Park (Agenda Item 8B). She
stated that increasing asphalt and parking at the expense of green space and
park areas is not the best decision for the City. She suggested looking into
other alternatives, such as allowing overflow parking at other areas or
encouraging walking and bicycling in the community. Ms. Corey
understood that the project is small, but indicated that the degradation of
communities takes place incrementally over years. She stressed the
importance of protecting trees, green space, and park lands and encouraged
the Commission to reconsider their position on the parking lot expansion.
Valerie Britt, 378 Tilefish Court, Jacksonville identified herself as a
member of the Pablo Point Civic Association and gave the Commissioners a
four-page handout addressing her concerns regarding the proposed PUD on
Johnston Island. She indicated that her concern is that citizens may believe
. that conditions in the PUD are enforceable but later find out that they are
not. She noted that her handout includes suggestions on ways to avoid
interpretational problems and to enforce the implementation of the specific
conditions for the PUD.
Dorothy Kerber, 3b5 First Street, commented on Ordinance No. 65-05-
• 34, introduced at the last Commission meeting on July 25`h. She was
concerned that people have not had enough time or opportunity to review
and understand it, prior to its final reading tonight. She believed that most
citizens who have replaced sidewalks with pavers or created parking aprons
in their driveways were attempting to beautify the City. She suggested that
the ordinance is too strict and would like more time for people to review it
before the final hearing.
August 8, ?005 REGULAR CONINIiSSION MEETING Pale 4
Ms. Kerber also expressed concern with retention ponds created on
residential properties. She indicated that the ponds create an increase in
mosquitoes and potentially more insecticide spraying. She encouraged
people to plant more water-thirsty plants and trees, rather than putting
ponds in their yards.
Don Wolfson, 1725 Beach Avenue, addressed the Johnston Island PUD
issue. His main concern was that there should be no future opportunities or
loopholes that could allow any more building on the island than what is
currently being proposed. He discussed the development of the Selva
Linkside PUD as an illustration of his concerns. Mr. Wolfson also strongly
urged the Commission to send the issue of the height limit referendum
~~ before the Community Development Board so that it can be moved forward.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting None.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Report, Public Safety Report and Report of New Occupational
Licenses issued in July (City Manager)
Motion: To approve the Consent Agenda as presented.
Moved by Simmons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve
' Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Recommendation by the Board Member Review Committee for
. new appointments to the Code Enforcement Board
(Commissioner Simmons)
Commissioner Simmons announced that there are a number of openings and
applications for consideration for the Code Enforcement Board. She
explained that the one position currently open is due to a resignation.
IVtotion: To appoint Barbara Weiss to fill the current vacancy on the
Code Enforcement Board.
Aueust R, 2Q05 REGULAR COMMISSION MEETING Page 5
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Commissioner Simmons announced that there are also two vacancies for
terms expiring at the end of September.
Motion: To appoint Velda Wells and Ron Pendleton to fill the
upcoming vacancies on the Code Enforcement Board in September
' 2005.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve
Nay: 0
1y10TION CARRIED
The Mayor was happy to note the large number of people they have had
applying to serve on City boards and committees.
Commissioner Simmons stated that, at the request of the Chairperson of the
Code Enforcement Board, the Board Review Committee was
recommending the creation of two alternate positions to attend the meetings
, regularly and to be counted as a vote if no quorum was present.
' City Attorney Alan Jensen said an ordinance is needed in order to amend
the ordinance that created the committee. Mayor Meserve recommended
that City staff bring back language for the change to the ordinance for the
Commission to consider.
Commissioner Parsons asked if two alternate positions could be created for
the other Boards as well. Commissioner Simmons noted that they have not
had any similar requests from any of the other boards. Commissioner
Parsons suggested more discussion regarding the logistics of how the
alternate positions would work. Commissioner Waters expressed concerns
with the possibility of two alternate positions and recommended the
creation of only one alternate. It was [he consensus to bring the item back
as a discussion item on a future agenda.
B. Recommendation by the Board Member Review Committee for
one new appointment to the Community Development Board
(Commissioner Simmons)
Commissioner Simmons noted that this vacancy was created by the
resignation of the Chairperson, Bob Frohwein, and that there were many
good applicants for this position.
August 3, 2005 RIJGULAR COMMISSION N1T:ETING P~~e 6
Motion: To anpoint Chris Lambertson to fill the current vacancy on
the Community Development Board.
1Vloved by Simmons, seconded by lYleserve
Mayor Meserve discussed recent negative remarks made by the press
regarding a situation with Mr. Lambertson. He indicated that City staff has
since investigated the issue and believed that the story was not realistically
' conveyed. He invited Chris Lambertson to come forward and address the
issue. Mr. Lambertson clarified the details regarding the code violations
and permits needed for a nonconforming piece of property he purchased in
' ' Jacksonville Beach. He stated that the reporter who wrote the newspaper
'" article never contacted him prior to publishing the story.
Commissioner Waters questioned Mr. Lambertson for further specifics
. . regarding the situation. Mr. Lambertson responded and a brief discussion
ensued.
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 1-Waters
iVIOTION CARRIED
Action on Resolutions 6. Action on Resolutions
A. Resolution OS-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING THE MAYOR TO EXECUTE A
MAINTENANCE CONTRACT BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE
IVlotion: To approve Resolution OS-07.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, IVleserve
Nay: 0
iVIOTION CARRIED
B. Resolution OS-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
DESIGNATING THE NATIONAL INCIDENT iVIANAGEMENT
SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN THE CITY OF ATLANTIC BEACH
A~ust 8, 21)()5 RisGULAR COMMISSION VICETING Pace 7
Motion: To approve Resolution 05-08.
Commissioner Waters asked for a brief description of the N1MS. Chief
David Thompson, Director of Public Safety, provided the information. He
stated that formally adopting the NIMS as the City's method of operations
for handling emergencies is part of the requirements for receiving any grant
money from Homeland Security.
1vloved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
1~IOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 65-OS-34, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, ADDING A NEW SECTION ESTABLISHING
REQUIRENTENTS FOR CONSTRUCTING DRIVEWAYS WITHIN
THE CITY'S RIGHTS-OF-WAY, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Meserve read the ordinance by title only and explained its purpose.
Motion: To approve Ordinance No. 65-OS-34 on final reading.
Mayor Meserve opened the floor for a public hearing on the item. There
were no public comments. The Mayor closed the public hearing and
brought the item before the Commission far discussion.
Commissioner Simmons asked for confirmation of the understanding that
owners cannot tear out the public sidewalk and put in pavers, but they are
allowed to use pavers or bricks on a driveway apron, minus the sidewalk
portion. Rick Carper, Director of Public Works, confirmed the information
and explained that the City has no expo facto power over work that has
already been done on the right of way.
Commissioner Waters discussed the maximum driveway width allowed for
duplexes. Mr. Carper and City Manager Hanson clarified the intent of that
section of the ordinance.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
August 8.200 R(sGUI.AR C014(MISSION hli;iJTING Paec 8
B. Ordinance No. 52-OS-03, Introduction and First Reading
AN ORDINANCE OF THR CITY OF ATLANTIC BEACH,
REZONING LANDS AS DESCRIBED HEREINAFTER FROlYI
.. CONSERVATION (CON) TO PLANNED UNIT DEVELOPIYLENT
(PUD), SAID LANDS TO BE KNOWN AS THE JOHNSTON ISLAND
' ' PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
.. ~ FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE;
REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
' DATE.
Mayor Meserve read the ordinance by title only and explained that it
addresses only the rezoning issue and not the details of the PUD. He noted
that the ordinance was recommended for approval from the Community
Development Board.
1Vlotion: To approve Ordinance No. 52-05-03 .on first reading.
• Commissioner Simmons discussed Section Three of the ordinance and the
• architectural designs and styles submitted in the original PUD application.
. , She noted that an additional second page of drawings had been included in
the agenda packet information being reviewed that evening. She expressed
concern with the boxy, flat-roof style of some of the added architectural
design pictures. She asked that the developer eliminate one of those
specific designs from the options being presented. The developer had no
objections to removing the picture from the design options.
Mayor Meserve questioned how much the Commission should be involved
' in the architectural design aspect and reminded the Commission that they
would have more opportunities to review the PUD as it goes through the
permitting process. Sonya Doerr, Director of Planning and Zoning,
reviewed the steps of the permitting process and discussed the
Commission's involvement with approving the final PUD. She distributed
to the Commissioners a summary of eight conditions included by the
Community Development Board in their motion to recommend approval
• and indicated that the conditions are a binding part of the ordinance. Ms.
Doerr also passed out a map which overlays the Comprehensive Plan land
use map and the master development plan. The map and summary of
• conditions to be incorporated into the PUD ordinance are attached and made
part of this official record as Attachment C.
Commissioner Simmons reemphasized that approval of the ordinance does
include approval of the proposed architectural design pictures for
development in the PUD. Commissioner Beaver reaffirmed that the
original PUD application was amended to include the eight issues addressed
by the Community Development Board. He also stressed that any
permitting for the Johnston Island development, such as parking, signs,
trees, etc., will have to adhere to the current Atlantic Beach ordinances.
AUQIISt S, 2Q05 REGULAR COMMISSION M1;ETING Pa~*e 9
Further discussion ensued regarding the review process for the PUD. Tony
Robbins, of Prosser Hallock, representing Bridge Tenders, LLC, addressed
' the Commission and briefly commented on the architectural designs
submitted for the proposed residences.
" ' iVloved by Simmons, seconded by Parsons
Votes:
Aye: ~ -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
-Miscellaneous Business 8. lYliscellaneous Business
A. Request For aUse-by-Exception to allow for the on-premise
consumption of beer and wine in association with a sports bar
. and grill and game room within the Commercial Limited (CL)
Zoning District located at 1487 Mayport Road, Units 1-4 within
' ' the Mayport Square Shopping Center (City Manager)
Mayor Meserve noted that this item has come before the Commission
recommended for disapproval by the Community Development Board for
reasons relating to the nature of the business and the definition of a
restaurant. He asked the business owners to come forward and present
' some information regarding their plans.
Kelly Erhaye1,1487 Mayport Road, stated she was there on behalf of
B&K Property Management and on behalf of Charlie Logsdon, the
prospective tenant of the location, to ask for aUse-by-Exception to allow
his sports bar and restaurant in the Mayport Square Shopping Center. She
noted that Sonya Doerr, Director of Planning and Zoning, had distributed
their revised plans and copies of the proposed menu for the restaurant to the
Commission. These items are attached and made part of this official record
as Attachment D. She mentioned that the proposed business would be
called Scallawag Charlie's and is intended to be afamily-oriented sports
theme bar with full menu, beer and wine. She believed the business would
be a good addition to the shopping center and to the community.
Motion: To approve request for aUse-Bv-Exception to allow the on-
premise consumption of beer and wine in association with a sports bar
' and Brill and game room at 1487 Mayport Road, Units 1-4.
IVloved by Parsons, seconded by Beaver
Commissioner Beaver asked for. clarification on how the business was
originally perceived by the Community Development Board as a game and
billiards room, as opposed to a restaurant. Ms. Erhayel explained that the
owner was originally concerned with serving minimal amounts of food in
order to comply with the state laws regarding smoking in an establishment.
Aucust S, 2045 REGULAR COMMISSION MEETING P3QC 10
Discussion ensued regarding what percentages of food sales would
determine whether a facility is considered either anon-smoking restaurant
or a bar with smoking permitted. City Attorney Alan Jensen stated that,
according to City ordinance, the principal use of the business would have to
be defined as a restaurant in order to be approved as aUse-by-Exception in
that Zoning District. Mr. Logsdon described the various sources and
percentages for the revenue of his business, including food, bar, and dart
leagues. The City Attorney noted that the Commission would need to
answer the question of what percentage of food sales constitutes designating
the principal use of the business as a restaurant.
Commissioner Simmons suggested that if the nature of the business has
• changed enough to be considered differently than it was described in its
original application, then it should be sent back before the Community
• Development Board for a new recommendation. There was further
. discussion concerning state laws regarding restaurants serving alcohol and
their percentage of food sales.
• - Mayor Meserve indicated that the intent of the code was to prevent old-
, fashioned pool halls dedicated solely to clients playing billiards all day. He
asked the owner if the business has been changed so that smoking would
not be allowed. Mr. Logsdon responded that he now intends to open the
• business as a restaurant that does not permit smoking. Therefore, Mayor
Meserve stated, that would be considered a major change from the plans
• submitted to the Community Development Board and thus should be sent
back to the Community Development Board with those changes included.
Commissioners Parsons and Beaver withdrew their motion and second
respectively.
• Motion: To defer the renuest For the Use-By-Exception until it is
reheard by the Community Development Board.
Moved by Simmons, seconded by Parsons
• Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
• MOTION CARRIED
B. Proposed Expansion of City Hall 1 Russell Park parking lot
(City Manager)
City Manager Hanson explained the current situation of people parking in
non-designated parking areas when the park is being used the most and
indicated the need to create more spaces in order to alleviate the situation.
He described the proposed plan to add a number of parking spaces without
• , affecting the trees in the area, as well as a suggestion to consider adding
turfbloc and trees as part of the plan. Rick Carper, Director of Public
August 8, 2005 REGULAR COMMISSION MEETING PaQC 11
Works, displayed a map detailing the plan for adding parking spaces along
the edge of the entrance from Plaza and an additional six spaces in an area
where cars have already been parking on the grass. He addressed the issues
of the cost of turfbloc, the realignment of the existing Swale and the
addition of tree islands for shade. Mr. Carper indicated that the project
would add approximately 340 square yards of asphalt and estimated the cost
to be $25,000.
Commissioner Waters asked if the proposed nineteen parking spaces would
solve the parking problem completely. He indicated that the intent of the
original plans for City Hall were supposed to encourage building upwards,
not outwards, and expressed concern with the amount of green space around
City Hall being slowly diminished. Commissioner Waters suggested
leaving the area alone.
Commissioner Beaver noted that the space proposed to be paved is
currently being used for parking and thus he did not believe the plan would
really be eliminating green space. He commented that the major parking
problem with the park is not due to poor design, but rather due to the
amount of unpredicted use of the area. He stated concerns with moving the
drainage ditch back into the flat area where kids currently play. Mr. Carper
addressed the issues regarding that part of the project. Commissioner
Beaver supported the objective of the plan but remained concerned with
relocating the Swale as proposed.
Commissioner Simmons suggested the need for further review before
making a decision. She proposed ideas for marking the parking area in
ways to keep the grass, avoid paving some of the area, and possibly to
provide more parking spaces than the manner in which it is currently used.
She also suggested parking city vehicles someplace else on Monday nights
when Commission meetings take place.
City Manager Hanson noted that using turfbloc material would preserve
green space. Commissioner Simmons declared Saint Augustine grass to be
more durable, and thus more desirable, than turfbloc.
Mayor Meserve suggested that the plan be further reviewed during the
budget workshops in order to give staff direction on the issue.
C. Sidewalk Status Report (City Manager)
Rick Carper, Director of Public Works, reviewed a map that showed the
existing and proposed sidewalks and bike paths. He acknowledged that the
Commission had requested the City to look into the possibility of advancing
construction on some of the sidewalks so that they could be constructed this
fiscal year. Due to the increase of construction costs and, thus, the
uncertainty of the remaining budget after the West 3"~ Street bid and the
West Plaza bike path are completed, Mr. Carper requested that the City not
Aueust R, 2()05 REGULAR COMMISSION MEETING Paec 12
move ahead with any additional projects this year. Rather, he suggested
that they could anticipate quickly moving forward with new projects in the
next fiscal year.
City Manager Hanson mentioned that, due to the time involved with the
design and bid process, it is not feasible to get plans prepared and released
in time for this fiscal year. Commissioner Beaver asked if the design
process for the next sidewalk project could be started so that the City is
ready to proceed with the start of the new fiscal year. Mr. Carper confirmed
this.
D. Status of the Dutton Island Expansion Project formally known
as the Centex Property (City Manager)
City Manager Hanson presented the background of the property and
explained that the City of Jacksonville is now ready, to begin construction.
He noted that, if desired, now is the time for the Commission to provide any
input or comments regarding the project. Timmy Johnson, Director of
Parks and Recreation, provided details on the parking areas, trails, picnic
areas, overlooks and fences being constructed and their locations within the
property area.
Commissioner Simmons asked for clarification on the trails depicted in the
map. Mr. Johnson explained that they are composed of concrete, mulch or
crushed shell. The City Manager noted that Atlantic Beach proposed the
crushed shell trail material due to its lower maintenance requirements than
mulch. Mayor Meserve asked if the City of Atlantic Beach would be
responsible for security in that area. City Manager Hanson replied that the
interlocal agreement intends to state that both Atlantic Beach and
Jacksonville Sheriff's Office will provide enforcement. He noted, however,
that the Atlantic Beach Public Safety and Parks and Recreation
Departments will most likely provide most of those services, due to the
larger number of officers they already have present in the area.
Commissioner Beaver suggested acquiring a similar interlocal agreement
for the Tideviews Park area in order to incorporate a JSO officer on that
property. He asked that it be addressed during discussions regarding the
budget and this interlocal agreement.
Commissioner Waters asked if the Centex property will be gated. Mr.
Johnson confirmed and stated there will be a gate and a fence. The City
Manager noted that it will still be easy to walk into the area.
City Manager 9. City Manager
A. City Manager's Report
A~ust 8, 2005 REGULAR CONINIISSION MEETING Paee 13
City Manager Jim Hanson summarized his written report, which is attached
and made part of this official record as Attachment E. His written report
addressed the following issues:
Saturday Yard Waste Pickups
Announced that the additional yard waste collections on Saturdays will not
cost the City any additional money. Commissioner Simmons asked why
there has been yard waste at the curbs on Saturday when it is not allowed to
be out until Monday. Rick Carper, Director of Public Works, explained
that many people put their yard waste by the curbside, any day of the week.
He noted that the contractor's primary purpose is to remove large piles of
debris left by yard services.
~.
Cost to Bury Potiver Lines on Mayport Road
Confirmed with a JEA engineer that the estimated cost to bury the overhead
power lines along Mayport Road would be $lmillion per mile.
Welcome Sign
Described the placement and design of a new welcome sign being proposed
for Atlantic Boulevard. He commented that the FDOT has stated that the
welcome sign location would not pose any increase in traffic safety hazards.
Ballot Question for 35' Height Limit in City Charter
Gave background of previous discussions regarding this item. He noted
that no action has yet been taken and asked the Commission what direction
they wanted staff to take. Commissioner Waters recommended that the
item be sent to the Community Development Board and ask them to hold a
public hearing on it. Mayor Meserve noted that, since the referendum
would not be on this year's election, the issue is not time sensitive and the
City can proceed in a measured manner. Discussion ensued regarding the
different types of wording that should be used in the referendum. It was the
consensus to ask the Community Development Board to study the issue and
bring back the appropriate language for the referendum to be voted on by
the people.
City Manager Hanson reported on the following items that occurred since
his written report was made:
Upcoming meetings
Budget meetings: First meeting will be August 9, 4:OU p.m. - 8:00 p.m. in
the Commission Chambers. The second budget meeting is scheduled for
Monday, August 22, 5:00 p.m. - 7:00 p.m., before the regular Commission
meeting that evening. The third meeting will be Tuesday, Aug 23,
4:OOp.m. - 8:00 p.m. If needed, a fourth meeting will be held August 24,
4:00 p.m. -until. He mentioned that he has an agenda showing which
subjects will be addressed on each night.
Aueust S, 2f)Q5 RIJGULAR COMMISSION NIrETING Paee 14
Community Character meetings: There will be two meetings held during
the week of November 1- 3. Staff is not yet certain which two nights, but
he requested that the Commission mark their calendars for that week.
Special Commission meeting: There will be a special meeting for swearing
in the new mayor and commissioners after the October municipal elections.
Per City charter, this meeting is scheduled for November 1, 2005, at 8:00
p.m.
Camping Under the Stars: This event has been rescheduled for Saturday
October 1, in hopes of more cooperative weather.
Beach Renourishment update
Rick Carper, Director of Public Works, reported that crews had finished
pumping all sand onto the beaches on Sunday afternoon and they will now
begin demobilizing their equipment and off-loading it from the beach. Per
DEP permit requirements, they have begun tilling the new sand and should
be finished by the end of the week. He commented that Atlantic Beach was
fortunate to end up getting a wider beach in many areas of the
renourishment project. Mayor Meserve commended City Manager Jim
Hanson, Rick Carper, and staff for taking the lead in pushing through the
project over the last year and a half.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Parsons
• Noted that the Beach Renourishment convention will be taking place
again in October. He stated that he will be unable to attend but
stressed the importance of sending Rick Carper to the convention.
• Discussed a meeting he had with Jim Hanson, Jim Colster, and Russ
Durham, a JEA representative, regarding all the power outages that
have been occurring in his neighborhood. Commented on the
success of the meeting and thanked all those involved for their
assistance.
Commissioner Waters
• Stressed the importance of not cutting back the limbs of medjool
date palms until the fruit is ready to drop. He commented that the
plants are most beautiful right before then and will not be harmed
much if a hurricane comes.
• Mentioned that a county north of Atlantic Beach had adopted a
county-wide sexual predator policy similar to that of the City of
Jacksonville. He suggested the idea of working with the other four
area cities to adopt acounty-wide policy including the 2500 foot
distance limit from places where children gather. He believed that
August K, 2005 REGULAR CONINIISSION MEETING Page IS
the City would be less susceptible to a lawsuit if the ordinance was
implemented county-wide, thus enabling places within the entire
county for the predators to live outside the ?500 foot limit.
• Questioned why awater/wastewater agreement, approved in his
absence at the previous meeting, was sent to Gainesville and not to
Tallahassee.
•:• Suggested Commissioners submit a favorite recipe to be part of the
Beaches Resources Center's fundraiser cookbook.
Mayor Nleserve
•:• Had spoken with the City Manager and the City Attorney regarding
an ordinance on sexual predators. The Mayor suggested that letting
a County ordinance overlay a City ordinance would be a bad
precedent to set and therefore recommended proceeding with a City
ordinance that mirrors the County's. He believed that if anyone
challenged a City ordinance that resulted in preventing sexual
predators from living within the City of Atlantic Beach, they would
be challenging the ordinance and not suing the City for money. He
asked for a consensus from the Commission to duplicate the county
ordinance.
•:• Reported that he would like to further discuss Tideviews Park with
the City's citizen committees due to some misconceptions they had
with the City's approach regarding the issues of security and tree
buffers within the park. He noted that the Commission had asked
the Police Chief to present an idea of the amount of problems in that
area and was informed that there have been a number of incidents.
He stated that the Commission had given the City Manager direction
to move forward with the ideas presented and believed that any
questions regarding the issue should be addressed to the
Commission. Further discussion ensued regarding the citizens'
perceptions of the Tideviews issues.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:35 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk