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MinutesMINUTES REGULAR CITY COMMISSION lYIEETING October 10, 2005 CITY HALL, 800 SE1v1INOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager 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 Pro Tem Beaver Call to OrderlPledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Meserve, was followed~by the Pledge of Allegiance to the ' ~ Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission 1Yleeting on September 26, 2005 and the election meeting of October 4, 2005. 1Vlotion: Approve minutes of the Regular Commission Meeting on September 26, 2005 and the election meeting of October 4, 2005. Moved by Waters, seconded by Parsons Votes: ' Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the rloor to Visitors Mayor Meserve welcomed Councilman Art Graham and thanked him for attending the meeting that evening. A. Laurie i~Tcluiicu~i, Pricuas of Atlantic Pracli I;leineutary School The Mayor invited Laurie Melancon, from Friends of Atlantic Beach Elementary School, to address the Commission. He also welcomed to the meeting Ali Register, the principal of Atlantic Beach Elementary, and other members supporting the school. Ms. Melancon introduced the new officers of FABE who were present with her at the meeting. Ms. Melancon referred the Commissioners to the information they received on the bids and drawings for the proposed track. She noted that Art Graham Octohcr 10, 2005 aEGULAR CONINIISSION NIEETING Paee 2 has put in a requisition for money from the City of Jacksonville, and that money for the project is also being funded by FABE and the school. NIs. Melancon asked if there were any questions regarding the project or the Joint Use Agreement with the Duval County School Board. Commissioner Waters inquired about the proposed number of lanes for the track. It was explained that there will be four lanes. Commissioner Waters asked how the issue of drainage in the center of the track would be addressed. NIs. Melancon responded that the elevation surveys will guide them in that process. Mayor Meserve asked if the soccer fields will remain. Ms. Register confirmed that ajunior-size field will remain inside the proposed track. Mayor Meserve asked how to ensure that the public will be able to easily access the joint-use park after school hours. Discussion ensued regarding options for installing a gate for pedestrians to enter the fenced area. It was decided to include the pedestrian gate in the plans and in the joint use agreement. Commissioner Simmons expressed concern about the soccer fields. She questioned the City spending additional money to grate and irrigate a new field after already covering these costs for the original fields. Ms. Melancon indicated that the cost of irrigation is minimal and that the school intends to reuse and connect to the existing irrigation system wherever possible. Mayor Meserve noted that it is not an item for action on this agenda, but it is already in the budget so the Commission will plan to go forward with the project unless there are any objections. Michael Hoffmann, 176 Camelia Street, introduced himself as being a resident of Atlantic Beach for sixteen years. Mr. Hoffman discussed the subject of the citizens' responsibility to contact City officials when there are questions or a need for information regarding City matters. He indicated his dissatisfaction with the lack of response from the City Manager regarding a question emailed to him a number of times by Mr. Hoffman, beginning on September 18`h. He acknowledged that the City Manager is normally prompt and thorough with responses, but expressed concern with his perception that the City Manager did not believe his question deserved an answer. He asked the Commission to consider this instance when interviewing Mr. Hanson for his annual review. Mayor Meserve responded that during his six years of working with City Manager Hanson he finds him to be very responsive to anyone who comes before him and he has never heard of NIr. Hanson expressing an attitude that a question is not worthy of an answer. Sally Clemens, 1638 Park Terrace West, commented on the results of the Atlantic Beach 2005 elections and indicated that change is good. She was October 10 X005 RFGUI AR COMMISSION NIEI/TING Pale 3 happy with the increase in the number of voters at this year's election and encouraged citizens to stay involved. Ms. Clemens pointed out that the City Charter has not been changed since August 1993 and suggested that now would be a good time to revisit it. She thanked the Commission for their years of community service. Sheldon Weiner, l5 Tenth Street, stated that he has frequented the tennis courts at Russell Park for fourteen years. He asked the Commission not to move the mailbox to that location. He expressed concern for the safety of children playing in that area with increased traffic if the mailbox were relocated there. He referred the Commission to the information he distributed to them and discussed each drawing and document presented. This information is filed and available as a public record from the City Clerk's office. Mr. Weiner's discussion included the issue of traffic flow, citizens' concerns for children's safety, an accident report from the area, and the possibility of lawsuits against the City. He asked the Commission to give City staff permission to revisit this issue. Jayne Bohannon, 280 Camelia Street, acknowledged the amount of City effort and work put into the park near Jasmine Street [Tideviews Preserve]. She agreed that the City should provide more protection and police officers in that area, but spoke against the proposal to sell or develop the property. Ms. Bohannon mentioned the difficulties with launching a boat or canoe in that area. She asked the Commission to defer their plan and to consider other options for this small piece of land still remaining untouched in Atlantic Beach. She thanked the Commission for their time. Pat Pillmore, 995 Camelia Street, requested that the Commission consider new ideas for the Plaza and Mayport roads intersection. She discussed the difficulties involved with crossing Mayport Road and indicated that the crosswalk light does not allow enough time for a pedestrian to cross the street. She asked again for large pedestrian crossing signs to be placed in that area and noted that currently the motorists have no indication that pedestrians may be crossing the street. She asked the Commission for their help with this issue. Susan Green, 343 Beach Avenue, shared an experience she had using her cell phone to call 911 for emergency assistance at the beach. She expressed concern with the number of times she was transferred before speaking with the proper dispatcher. She was informed by public safety offices that calling from a cell phone, rather than a residential phone line, is the cause of the delay. Ms. Green suggested forming an adhoc committee to work with improving 911 response from cell phone calls. She requested that the Commission look into possible solutions for this and noted that she may address the Jacksonville City Council with her concerns as well. Kevin McLaughlin, 272 Camelia Street, suggested that the City increase police presence in the Tideviews Preserve area before making any permanent changes to the property there. He noted that he has contacted the October 1.11, ?005 REGULAR COMMISSION NIEETING Pale 4 Jacksonville Sheriff's Office and requested the same from their department. Mr. McLaughlin's suggestions included officer lunch breaks in the area at various times, hidden cameras for monitoring, community involvement, and renting property for a police residence. He pointed out that developing the lots would not guarantee a solution to the problem but would be a permanent change to the area and would destroy the noise buffer for the residents. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-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 issue of the Memorandum of Understanding with the Duval County School Board. He explained that the Duval County School Board would like to have a new Joint Use Agreement signed if the City of Atlantic Beach agrees to provide additional funding for a track. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report and New Occupational Licenses issued in September 2005 (City Manager) B. Extend the contract for beach cleaning for one additional year to Beachcombers at the contract price (Bid 0304-23) (City Manager) C. Extend the annual contract for lawn maintenance of city parks (Bid No. 0304-2 re-bid) for one additional year to Cut'ler's Lawn Served at the contract price (City LVlanager) D. Approve Legislative Appropriation Agreement for Hopkins Creek Grant Funding and authorize the City Manager to sign the agreement (City Manager) E. Adjust the pay of the City Clerk, effective 10/1!2005, using the classification as provided by the consultant (Springsted) and using the same procedures and pay increase as provided to all other City General employees (1Vlayor) Commissioner Waters pulled ltem 4A off the Consent Agenda for discussion. 1Vlotion: Approve Consent Agenda Items B through E as presented. October 10 X005 REGULAR COMMISSION NIEi:TING Pa~c 5 Moved by Waters, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, tiVaters,lVleserve . Nay: 0 1VIOTION CARRIED Commissioner Waters commented on the monthly report from the Public Works department. He discussed the safety issues regarding the City's retention ponds and children playing in or around those areas. Commissioner Waters requested that the City send a thank you note to Representative Don Davis' office for the $400,000 grant appropriated for the Hopkins Creek Regional Retention Facility. The Mayor stated that no motion was necessary to acknowledge the receipt of the monthly reports. _ Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions • A. Resolution No. OS-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE APPOINTMENT OF ALAN C. JENSEN AS CITY ATTORNEY, FIXING HIS DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE. Motion: To approve Resolution No. OS-13. Commissioner Waters expressed concern with striking the language which allowed for the Commission to conduct an annual review of the City Attorney. He indicated that the Commission should retain the right to annually review each of the three employees that they hire and that language pertaining to the City Attorney's annual review should remain in his contract. Commissioner Waters commented that it was unusual for the City to provide medical health insurance for a part time employee such as the City Attorney. City Attorney Alan Jensen stated that, as presented at the meeting that evening, the language concerning an annual review of the City Attorney is removed from the contract. However, he clarified that the Commission still has the ability to perform a review at any time and he would accept the contract with or without the language included in it. Discussion ensued regarding the nature and frequency of the annual review process. October 10, 2QA~ RCGULAR CONINIISSION ~IIJI;TING Pale 6 Commissioner Waters made the motion to put the annual review language back in the City Attorney's contract. There vas no second to the motion. Commissioner Waters then made the following motion, seconded by Commissioner Simmons: iVlotion: To defer action on the contract until the first regular Commission meeting of November. .. Discussion followed regarding the proposal to allow the new commission to act on this item. Mayor Meserve spoke against the move to defer action. He advocated that the current commission members have worked with City Attorney Jensen for a number years and, therefore, are the most qualified to evaluate his performance and sign a contract with him. He noted that the new corrimission would still have the opportunity to change things as they see fit after taking office. Commissioner Simmons agreed that the issue should not be deferred for new commission members to act on it. She stated that the three new members have not worked with the City Attorney as the current members have and it is the Commission's responsibility to resolve this item tonight. Commissioner Parsons agreed with the Mayor and Commissioner Simmons and stated that he has had a good working relationship with Alan Jensen for the past few years. Moved by Waters, seconded by Simmons (To defer action on the contract ' until the first regular Commission meeting of November) Votes: Aye: 1-Waters Nay: 3 -Parsons, Simmons, Meserve . MOTION FAILED The Mayor noted that there was still a motion on the floor to sign the new contract with the City Attorney and approve Resolution OS-13. • ~ Commissioner Waters pointed out that the City has had the same City • Attorney for the past seventeen years. He believed that, for the good of the City and its citizens, the position should be opened occasionally for someone else to apply for the job. • lYloved by Simmons, seconded by Parsons (To approve Resolution OS-13) Votes: Aye: 3 -Parsons, Simmons, Meserve Nay: 1-Waters MOTION CARRIED Action on Ordinances 7. Action on Ordinances October 10, X005 REGULAR CONINIISSiON MEETING Pace 7 ' A. Ordinance No. 20-05-73, 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 Meserve explained that this budget amendment is basically a scrivener's change which moves $45,000 of the Sanitation Utility fund balance. Niotion: To approve Ordinance No. 20-05-73 on final reading. The Mayor opened the floor to a public hearing. There were no public ' comments. The Mayor closed the public hearing and brought the item before the Commission for discussion. There was no discussion. IVloved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, IVleserve Nay: 0 MOTION CARRIED ' B. Ordinance No. 57-05-22, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, CREATING A NEW ARTICLE III, SEXUAL OFFENDERS AND SEXUAL PREDATORS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only and explained that there was a scrivener's error in the ordinance where the residency restriction ' date was written as July 1, 2005, but legally should read today's date. Motion: To approve Ordinance No. 57-OS-22 on final reading with scrivener's change to set today's date. The Mayor opened the floor to a public hearing. There were no public comments. The Mayor closed the public hearing and brought the item before the Commission for discussion. Commissioner Waters commented that there has been a lot of interest in this issue lately. He declared that he still objected to the seventh "Wheareas" language in the ordinance and opposed any statement which appeared to equate adult entertainment with pedophilia. He asserted that the language should be stricken from the ordinance. Commissioner Waters also found the title of the Article to be misleading. He pointed out that the ordinance deals only with sexual predators and does not address sexual offenders as October 10, X005 REGUI AR CONi1~1ISSION NIi;ETING Pale 8 stated in the title. He did not consider this legislation to be comprehensive enough for protecting children. Commissioner Waters also questioned why the language did not include the definitions of sexual offenders and sexual predators and believed these definitions should be included in the ordinance. He admitted that he would reluctantly vote for the ordinance, though it was not written to his liking. Commissioner Simmons noted that those definitions have been previously defined by the State and therefore hold true for the City as well. However, she acknowledged that it might be good to include them in the City's code for clarification. She also pointed out that the seventh "Whereas" language is a Florida Statute and therefore the City is including the language to demonstrate the same boundaries as declared by the State. ' ~ Mayor Meserve brought up two issues concerning the proposed ordinance. . His first point was that other governmental entities were passing the same type of legislation. Therefore, he believed that adopting this ordinance ' would allow the City to defend itself from the problem of sexual predators moving into the area when not allowed in neighboring jurisdictions. The Mayor's second point was that the City needed to have a code established so that the police department can enforce the issue. Moved by Simmons, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters,lVleserve • Nay: 0 MOTION CARRIED C. Ordinance No. 90-0~-187, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREIN FROM COMMERCIAL GENERAL (CG) '1'O 12ESIDENTIAL, S1i~1GLE- FAIVIILY (RS-1); PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read the ordinance by title only. Motion: '1'o annrove Urdinance No. 90-US-1137 on tirst reading. Mayor Meserve remarked that some issues that are moving forward, yet still require more work, might be best addressed and acted upon by the next • commission. He reviewed the background history behind the decision- , making process for this proposed ordinance and noted that a public hearing was held over the weekend on this subject. He further explained the purposes behind the proposal are to increase police presence and to place more people in the area in order to create a safe neighborhood atmosphere. He pointed out that the new commission will still have more points for October 10, ~QOS REGULAR CONIMISSION MEETING Page 9 decisions involving the project, but the current commission has two options. He remarked that they could either defer the whole issue for the new commission to act on, or they could approve rezoning the land and thus allow the incoming officials to follow through with a plan they deem appropriate. Commissioner Waters clarified that the motion on the floor only • specifically addresses rezoning the property and does not establish the four • lots to be developed. The Mayor confirmed that the proposal is solely to change the zoning of the four lots from Commercial General to Residential. lYloved by Parsons, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, Waters,lvleserve Nay: 0 ' MOTION CARRIED It was noted that the second reading of this rezoning will be at the next regular Commission meeting. Miscellaneous Business 8. Miscellaneous Business • A. Request by Ronny Mitchell for aUse-by-Exception (File UBE- 2005-08) to allow for the sale of used automobiles on property within the Commercial General (CG) Zoning District and located at 1850 Mayport Road (City IYlanager) Motion: To approve Request by Ronny Mitchell for aUse-bv-Exception (File UBE-2005-OS) to allow for the sale of used automobiles on property within the Commercial General (CG) Zoning District and located at 18501~tayport Road . The Mayor noted for the record that the Community Development Board recommended denial of the request. He opened the floor to a public hearing on the issue. • Ronny Mitchell, 1887 Mayport Road, introduced himself as a resident of • Mayport Road and as the owner of the business requesting the Use-By- • Exception. He mentioned that he has attempted to make the property more presentable by landscaping, painting, and general straightening up of the area. He reported that currently there is a car dealership occupying the • building. There were no additional comments from the public. The Mayor closed the public hearing and brought the item before the Commission for discussion. • Commissioner Parsons asked how the request could be denied when there is currently a car dealership already located on the property. Sonya Doerr, Octohcr 10, ~00~ REGULAR COMMISSION MEETING PaEC 10 Director of Planning and Zoning, stated that aUse-By-Exception is only granted to the owner and is non-transferable with the property. Therefore, she explained, a new owner needs to request a new Use-By-Exception. Mayor Meserve was sympathetic to the applicant's request given the fact that a car dealer already exists on the property, however, he recognized that the City has been working diligently towards eliminating and preventing more car lots on Mayport Road. He commended the Community Development Board for supporting the Commission in those endeavors. In the best interest of the City, he supported following their recommendation in order to adhere to the Comprehensive Plan. Commissioner Waters acknowledged that this process is never easy, but professed that it is time to see Mayport Road change its appearance. He strongly t~pposed approving the request. Moved by Parsons, seconded by Simmons ' Votes: Aye: 0 Nay: 4 -Parsons, Simmons, Waters, Meserve MOTION FAILED An acquaintance with Mr. Mitchell asked if the Commission's decision could be appealed. Mayor Meserve responded that it could be appealed in a court of law. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment B. He congratulated Chief David Thompson, Director of Public Safety, for receiving the Outstanding Criminal Justice Professional Award from the Southern Criminal Justice Association. He remarked that this is a very prestigious award given by a group of academics who are mostly criminal justice educators and researchers. The City Manager also addressed some of the comments and questions regarding the Mayport Road plan, specifically with the median cuts. He reported that he and Rick Carper, Director of Public Works, have discussed what options are available to vary the plan as presently drawn and why there are limitations on putting new openings in the proposed medians. He asked Mr. Carper to give a brief presentation on the process and limitations involved. Mr. Career's presentation included information on Access Management and the differences between Mayport Road and Atlantic Boulevard that affect Octoher 10, ?01)5 Ri:GUI,AR CONINIISSION hIiJETING Page 11 how the medians can be created and located. He reviewed the history of the studies performed for the suggested improvements and discussed the approval process required for the proposed accesses. Mr. Carper demonstrated that some of the variables affecting the project include the road's speed limit, the width of the medians, the amount of spacing between . the medians, and the safety issues involved. Commissioner Waters led a discussion regarding the possibility and effects of changing the speed limit on Mayport Road. The Mayor reported that the FDOT stated they would not consider changing the speed limit until after the medians are in place. . Commissioner Waters inquired if the foliage to be planted on the medians would be palm trees. Mr. Carper responded that the ability to plant trees on the median requires a variance from the FDOT. City Manager Hanson explained that, due to the width of the medians, only shrubs can be planted without a variance. Mr. Carper indicated that GAI Consultants, the City's • designers, will submit the formal variance request by October 24`h. Commissioner Simmons addressed Ms. Pillmore's concerns regarding the difficulties in crossing the intersections on Mayport Road. She agreed that there did not seem to be a safe time or place for pedestrians to cross. Commissioner Simmons asked that the City work with FDOT to provide safer pedestrian crossing, specifically at the Plaza Road intersection. Mr. Carper noted that he had just recently met with an FDOT engineer at the Plaza intersection and addressed those concerns along with the issue of timing the traffic lights appropriately. Reports/Requests 1Q. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Waters •:• Supported Commissioner Simmons' suggestion for improving the pedestrian crossing at Plaza and asked that the City look into the same situation at Atlantic Boulevard and Third Street. • Asked if the Begonia [Jasmine] Street retention pond can be fenced or sloped in order to improve safety issues. Also asl:cd that the City find a way to eliminate the sandspurs in that area. •:• Discussed canoe launches and noted that the City received bad advice regarding the launches at two of its parks. •:• Suggested that the City install cameras at the Tideviews Preserve area to better monitor and trace the activities there, He noted that an increased police presence is warranted for that area. •:• Discussed the status of Jordan Park and asked that the City maintain it in a better manner. October 10, 201)5 REGULAR CONiNIISSION MEETING Page 12 •:• Asked that the City add a memorial for the deceased sculptor of the artwork in front of the Public Safety building. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at.8:43 p.m. John Meserve, Mayor/Presidingofficer ATTEST: Donna L: Bussey City Clerk