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MinutesJan 07 04 10:07a Information Systems 904 247 5846 p..? 'V ~ , O O~ "r T MINUTES OF TIDE REGULAR MEETING OF THE ATLANTIC BEACH E S E S CITY COMR'IISSION HELD IN CITY HALL, S00 SEMII\OLE ROAD AT 7:15 P.M. ON MONDAY, DECEMBER 8, 2003 j A PRESENT: John S. Meserve, Mayor Kichard M. Beaver, Mayor Pro Tem Paul B. Parsons Syh~ia N. Simmons J. Dezmond Waters, III, Commissioners AI~`D: Maureen King, City Clerk o E Alan C. Jensen, City Attorney T c David Thompson, Public Safety Dir., (Substituting for aim t o Y Hanson) o '~ E ~' N D '3 O ABSENT: Jim Hanson, City Manager COViMISS10NERS Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the i ! Mayor +vas followed by the Pledge of Allegiance to the Flag. ~ 1. Approval of tl~e minutes of the Regular Commission A'Ieeting of November 24, 2003 BEAVER X Motion: A rove the minutes of the Re ular Commission Meetin of pp g g PARSONS SIMMONS X X X November 4, 2003 as presented. WATERS X X ~ MESERVE •X ~ The motion carried unanimously. 2. Courtesy of the Floor to Visitors A. Kevin Feldt, JTA, with a report on the proposed overpasses on Atlantic Boulevard at Hodges and Kernan Boulevards Kevin Feldt of the Jackkonville Transportation Authority (JTA) stated that the interchanges were part of the Better Jacksonville Plan and explained ho~v the intersection study was conducted and the evaluation criteria used to determine the need for the overpasses. Mr. Feldt presented the four alternatives for the Kernan intersection and indicated that the JTA was recommending Alternative #3, Atlantic over Kernan, to the Jacksonville City Council. A summary of the report is attached and made part of this official record as Attachment A. Mr. Feldt indicated that the JTA was deferring its recommendation on the Hodges Boulevard intersection to give them time to consider an expanded network analysis to j determine if the same type of intersection as that being recommended for Kernan +vould offer the best solution for the traffic problems at Hodges. A question and answer session followed the presentation. Commissioner Waters supported construction of the overpass and stated that he was frustrated with the light ' located at the entrance to Queens Harbor and inquired as to synchronizing that light Jan 07 04 10:08a Information Systems Minutes Page -2- December 8, 2003 904 247 5846 p.:3 with others in the area. Mr. Feldt agreed and responded that a study of other intersections on Atlantic Boulevard was being conducted before a decision was made concerning the Hodges overpass. He also briefly reported on a study relative to Intelligent Traffic Systems (ITS), which would address traffic light synchronization from a central location. Mayor Meserve inquired if the JTA was assuming the overpass at Kernan would be approved by the Jacksonville Council, while continuing with the study of the Hodges intersection and other intersections on Atlantic Boulevard. Jacksonville Council Member Art Graham indicated that it appeared the 3acksonvi}le Council would approve Alternate #3 for the Kernan intersection, but they were also lookinb at the other intersections before committing to the expense of the overpass. Alan Potter of 374 Second Street expressed concern for the cost of building medians on Mayport Road suggested that the city consider placing plastic barricades in the center lane of Mayport Road to create an on-site test area before commitring funds for the medians. J.P. Marchioli, 414 Sherry Drive commented on the following: (1) The need for white warning lines to be painted on the street preceding the crosswalks, (2) Suggested the use of the cloverleaf designed intersections on Atlantic Boulevard to keep traffic moving, {3) Suggested that the Conunissioners conduct workshops to discuss major projects, and (4) opposed taking of any property on 5`~' Street for a sidewalk (Item 3A). Jane \'Vytzka of 352 Second Street stated that the construction project at 328 Second Street had become a "quality of life" issue and complained concerning the litter and early morning noise associated with the project. She also reported that her neighbor had a palm tree and a large oak tree, which were growing near the electric lines, removed from her property by the Jacksonville Electric Authority (JEA). Ms. Wytska indicated that a 4' holly tree had been planted in place of the oak tree and inquired if this was allowed under the city's Tree Ordinance. Steve Piscatetli commended Troy Lewis, Athena Shearer and Bruce Jackson of the Parks and Recreation Department for their efforts in making the Acoustic Night at the Adele Grage Cultural Center such a huge success. Pat Piilmore of 995 Camelia Street stated that she served on two Mass Transportation Study Groups with the City of Jacksonville, and reported that they were looking twenty years or more into the future to solve parking and transportation problems. Ms. Pillmore indicated that the Beach and Atlantic Boulevards were being recommended as mass transportation corridors to serve the beach cities. She stated that in the future businesses would be encouraged to locate parking lots at the back of the buildings. Trisha Pascoe Lawrence of 481 Sherry Drive recounted a taking of twenty-eight feet of her family's property located at the intersection of Florida and Atlantic Boulevards several years ago without their knowledge. Due to this incident, Ms. Lawrence stated that she was opposed to the city's taking of any of her property to build a side~va]k (Item 3A). Ms. Pascoe stated that due to conflicting schedules, she was unable to arrange a meeting with city officials to discuss the sidewalk. OMMISSIONERS M 0 T ~ O N S E C o N D r L .`i i 4 N O i '~ III I F I i I i Jan 07 04 10:08a Information Sy5tem5 Minutes Page -3- December 8, 2003 3. Unfinished Business from Previous A4eetings 904 X47 5846 p.4 A. Report and related action on Sidewalk at 5"' Stree[ and Sherry Drive Mayor Meserve stated that he would like to defer action on this item until the next meeting in order to meet with Ms. Pascoe to discuss alternatives. Mayor Meserve assured Ms. Lawrence that the city would not take any action without her knowledge. A4otion: Defer action on Item 3A to the January 12, 2003 Commission meeting. There was no discussion and the motion carved unanimously. 4. Consent Agenda: A. Acknowledge Receipt of the following monthly report(s): New Occupational Licenses, Public Works and Public Utilities Project Status Report Motion: Approve Consent Agenda Item A as presented. There .vas no discussion and the motion carried unanimously. 5. Committee Reports: A. Report from the Tree Conservation Board Maureen Shaughnessy, Chair of the Tree Conservation Board, summarized the accomplishments of the board for 2002/2003 fiscal year, which included development of a Tree Preservation Corridor, development of a list of city approved arborists, revisions to the tree removal/mitigation application to make it more "user friendly", creation of a list of suggested trees for planting in specific areas on city property and creation of a list of approved trees for planting on private property. Ms. Shaughnessy reported that the board reviewed 76 properties and the Building Department performed 330 tree inspections during the time period. Commissioner Waters inquired concerning the tree mentioned by Ms. 1~Vytzka. Building Official Ford indicated that the JEA notified the City on a regular basis of trees to be trimmed or removed because of interference with electric lines. He indicated that the 3EA worked well with the city and mitigated tree removal at 100%. Commissioner Waters asked to be provided with a report on trees that had been removed by 1EA. 6. Action on Resolutions: None. OMMISSIONERS M O T 1 O N s E C O N D Y E S I i N O I BEAVER X PARSONS X SIMMOI~TS X X tdATERS X X MESERVE X 1 BEAVER X X. 1 PARSONS X i SIrIMONS X WATERS X X. ~ MESERVE X. I i I Jan 07 04 10:08a Information Systems 904 247 5846 p.S Minutes Page -4- December 8, 2003 7. Action on Ordinances A. Ordinance No. 90-03-184 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACA, COUNTY OF DUVAL, STATE OF FLORIDA, ENACTING AtvIENDMENTS TO TAE ZONING, SUBDIVISION AND LAl~'D DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE TAE USE AND DEVELOPMENT OF LAND A:tiD WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA, SUCH REGULATIONS SHALL BE READOPTED BY REFERENCE AS ARTICLES I THROUGH IV OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS PREVIOUSLY ADOPTED THROUGH ORDINANCE NO. 90-03-182. THIS ORDINANCE ALSO PROVIDES FINDINGS OF FACT, SEVERABILITIY, REPEAL OF CONFLICTING ORDINANCES, OR PORTIO~iS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE Motion: Approve Ordinance No. 90-03-184 on final reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Parsons referenced Page 75 of the ordinance and requested that the restriction limiting the size of children's playhouses to thirty-six square feet be stricken from the ordinance. Following discussion, it was the consensus of the Commission to make the requested change. Amendment to the motion: Strike from Section 24-151 (b)(1)ii ... "not to exceed thirty-six (36) square feet of gross floor area". Section 24-151 (b)(1)ii noFV reads "Children's playhouse and/or juvenile play equipment shall not be permanently located within required front yards". The amendment to the motion carried by a four to one vote with Commissioners Beaver, Parsons and Simmons and Mayor Meserve voting aye and Commissioner Waters voting nay. The main motion carried unanimously. 8. A'Iiscellaneous Business A. Public Hearing and action on a request for ause-by-exception filed by J.R. Bennett to allow an existing cabinet shop to remain in its current location within the Commercial General zoning district and located at 41 West Sixth Street (City Manager) Motion: Approve request for ause-by-exception filed by J.R. Bennett to allotiv an existing cabinet shop to remain in its current location within the Commercial General zoning district and located at 41 West Sixth Street as recommended by the Community Development Board. (The Community Development Board at their OMMISS{ONERS M O T [ O N S E C O N I) Y E S N O BEAVER X i I` PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X ~~ BEAVER X PARSONS X X SIMMONS X WATERS X X MESERVE X Jan 07 04 10:09a Information Systems 904 z47 5846 p.6 Minutes Page -5- December 8, 2003 meeting on November 18, 2003, recommended approval of the request subject to the following conditions: (1) This Use-by-Exception shall be granted to this applicant only, at this location only and for a period not to exceed eighteen (18) months). Mayor Meserve opened the floor for a public hearing. No one spoke and the public hearing was closed. Community Development Director Doerr explained that Mr. Bennett intended to move his business to another location on Levy Road. There was no discussion and the motion carried unanimously. B. Public Hearing and action on a request for ause-by-exception filed by Jaguar Drywall to allow a dry~vafl contractor, with no outside storage and with associated limited warehousing and office, in association with the construction of a new building on property within the Commercial General zoning district and located at the northeast corner of West 14th Street and Hibiscus Street (Lots 3 and 4, block 241, section "H" subdivision.) (City Manager) Motion: Approve request for ause-by-exception filed by Jaguar Drywall to allow a drywall contractor, with no outside storage and with associated limited warehousing and office, in association with the construction of a new building on property within the Commercial General zoning district and located at the northeast corner of West 14th Street and Hibiscus Street as recommended by the Community Development Board and to include an additional condition that all business activities and commercial deliveries shall be limited to the hours between $:00 a.m. and 6:00 p.m. on Saturdays. (The Community Development Board at their meeting held November 18, 2003, recommended approval of the request subject to the following conditions: (1) All equipment, materials and business activities shall be maintained within the enclosed building, {2} Lighting shall be directed on site, shall not illuminate adjacent properties, and shall not be placed along the West 14`h Street side of the property, {3) All business activities and commercial deliveries shall be limited to the hours between 7:00 a.m. and 6:00 p.m., and (4) A gravel (or semi- pervious) loading area, which is approximately 10-feet in width and 20- feet in length, shall be constructed along the West 14~h side of property to accommodate the loading or unloading of any large trucks, including boom-trucks so that these will not block the street). Commissioner Parsons requested that the beginning hour of operation be changed to 8:00 a.m. on Saturdays to keep any noise to a minimum on the weekend for residential properties near the building. Larry Kirkland, owner of the business, stated that he had no problem with the 8:00 a.m. time on Saturdays. OMMISSIONERS M O T 1 O N S E C O N D Y E S N O BEAVER X X i E PARSONS X X szMMOnts x WATERS X MESERVE X i Jan 07 04 10:t0a Information Systems 904 247 5846 P,7 Minutes Page -6- December 8, 2003 There was no more discussion and the motion carried unanimously. C. Appointments to the Community Development Board (2) Mayor Meserve nominated Carolyn Woods for appointment to the Community Development Board stated that he would like to reappoint Sam Jacobson. (Since adoption of Ordinance No. 5-03-42 on July S4, 2003, the term of office on the Community Development $oard is rivo years). Motion: Reappoint Sam Jacobson and appoint Carolyn Woods to the Community Development Board. The motion carried unanimously. D. Approve contract with Modis Consulting for the services of Jim Bantique as a PC Technician (City Manager) Motion: Approve contract with Modis Consulting for the services of Jim Bantique as a PC Technician. There was no discussion and the motion carried unanimously. E. Approve the contract between the City and Northeast Florida Public Employees' Locai 634 Blue Collar Union for the period October I, 2003 through September 30, 2006 (City Manager) Motion: Approve the contract between the City and Northeast Florida Public Employees' Local 630 Blue Collar Union for the period October 1, 2003 through September 30, 2006. Commissioner Simmons pointed out a scrivener's error, following which tt~e motion carried unanimously. F. Approve a new job classification of Police Trainee for the Police Department (City Manager) Motion: Approve a new job classification of Police Trainee for the Police Department. There was no discussion and the motion carried unanimously. G. Authorize staff to begin negotiations with GAI Consultants for engineering services for the Mayport Road median design (City Manager) OMMISSIONERS tii o T 1 O N 5 E C O N D Y E 5 ~ lV fl BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X PARSONS X X SIMMONS X X WATERS :~ MESERVE X BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X BEAVER X PARSONS X X SIMMONS X WATERS X X MESERVE X Jan 07 04 1[]:10a Information Systems 904 247 5846 p.8 Minutes Page -7- December $, 2003 I4lotion: Authorize staff to begin negotiations with GAI Consultants for engineering services for the Mayport Road median design. Conunissioner Waters inquired if the city could set up a test area as suggested by Mr. Potter. Mayor Meserve stated that he would look into this and see if it was feasible to conduct such a test. The motion carried unanimously. 9. City Manager The City Manager's report was presented as written. The report is attached and made part of this official record as Attachment B. ]0. Reports andlor requests from City Commissioners and City Attorney Commissioner Simmons :• Inquired concerning a timetable for completion of Phase III in Town Center and reconstruction of the pylon on the Neptune Beach side of Town Center. Public Works Director Kosoy stated that Phase III should begin within the next week and be completed the second week of February. He indicated that construction on the pylon should begin by the end of the .week. Commissioner Parsons •:• Stated he had received positive comments concerning the crosswalks and said the residents of 4'" Street had indicated they would like to have a crosswalk installed at 4°i Street. :• Inquired concerning the poor condition of the sod and seeded areas on Seminole Road. Public Works Director Kosoy indicated that the sod and hydro-seeded areas would die if not watered by the residents. •:• Inquired if the city's insurance would cover artwork placed in public places. City Attorney Jensen advised that such artwork was covered. Commissioner Waters .% Encouraged everyone to fill out the parking questionnaire available from the Town Center merchants. :• Commented on an upcoming Chamber of Commerce sponsored seminar that provided an excellent series of presentations and urged the Commissioners to attend. OMMISSIONERS M O T t o N S E C o u D v r S N O BEAVER X PARSONS X X ~ szrtrtarrs x WATERS X X MESERVE X Jan 07 04 l0:lla Information Systems Minutes Page -8- December 8, 2003 904 247 5846 P.g :' Commented on the "wavy" surface of Ocean Boulevard. Public Works Director Kosoy stated that the problem would be corrected on Thursday. Reminded the Commissioners that the Cities of Atlantic Beach and Neptune Beach were hosting the March meeting of the Northeast Florida League of Cities at the Sea Turtle Inn and door prizes were needed. :• Reported the next meeting of the Northeast 1~`lorida League of Cities would be held in January at the St. Augustine Rod and Gun Ciub. :~Ia~~or :~Ieserve :• Reported that on Friday he presented the Keys to the City to three cyclists who came into Atlantic Beach from Washington State. He indicated the eyciists were recent college graduates who had no tong distance cycling experience, but decided to make the trip. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 8:30 p.m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O T ~ to N S E C o N I) ~ r y v O M I I i 1