Minutes
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.NI. ON MONDAY, JANUARY 13, 2003
'
PRESENT: John Meserve Ma or
Y
Richard Beaver, Mayor Pro Tem
1 Paul Parsons
Dezmond Waters, Commissloners
' AND: James Hanson, City Manager
Maureen King, City Clerk
' Alan C. Jensen, City Attorney
ABSENT: Commissioner Mike Borno
' 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.
1. Approval of the minutes of the Regular Commission meeting
' of December 9, 2002
Motion: Approve the minutes of the Regular Commission
' Meeting of December 9, 2002 as presented.
The motion carried unanimously.
' 2. Courtesy of the Floor to Visitors
' J.P. Marchioli of 414 Sherry Drive read excerpts from a letter dated
Janauary 13, 2003, he had written to the Commissioners in response to
Public Safety Director Thompson's report .concerning traffic control on
' Sherry Drive (Item 9B). The letter is attached and made part of this
official record as Attachment A.
' Bob Totter of 275 llt~' Street referenced the report concerning
decorative crosswalks (Item 9A) and inquired as to why they were being
' recommended only for the core city area. He felt that if the crosswalks
were an effective mechanism for traffic calming, as stated in the report,
they should be used everywhere m the city. Mr. Totter was opposed to
' the installation of stop signs on Sherry Drive (Item 9B). He agreed with
the recommendation in Item 9C to provide reasonable limitations on
placing objects, stnzetures and plants on city nghts-of--way.
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January 13, 2003
1 Sally Clemens of 1638 Park Terrace West complimented the
Commissioners on the city's new Christmas decorations.
1 Speaking on behalf of the Marsh Oaks Neighborhood Association, Mrs.
Clemens requested the Commission consider naming the new park in
Marsh Oaks after Estelle Shelley, the on-site manager of Singleton's
' Trailer Park for the past thirty-four years. It was reported that Mrs.
Shelley was instrumental in providing safe, decent and affordable
housing for people of modest means, and had always hoped a
1 recreational area would be built for the children who lived in the trailer
park.
1 3. Unfinished Business from Previous Meetings
A. City Manager's Follow Up Report on Issues from Previous
1 Meetings
City Manager Hanson commented on each item of his written report,
' which is attached and made part of this official record as Attachment B.
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Aquatic Gardens Retention Pond
Commissioner Waters inquired if anyone had spoken to the owner of the
Aquatic Gardens retention pond concerning the city purchasing the pond.
Discussion ensued concerning the function of the pond and its
maintenance. By consensus the Commission agreed that City Manager
Hanson should begin the process to acquire the property.
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Consent Agenda:
Acknowledge receipt of monthly reports: New
Occupational Licenses, Public Works and Utility
Departments, Recreation Department and Utility Sales
for November and December 2002
Award contract to Miranda Contracting, Inc. in the
amount of $296,741.50 for tivater line replacement on
Ocean Boulevard pursuant to the specifications of Bid
No. 0203-03 (City iVlanager)
Approve Proclamation declaring March Z1, 2003 as
Arbor Day in Atlantic Beach and authorize the Mayor to
sign the application for re-certification as a Tree City
USA for 2003 (City Manager)
Reject all bids received for Church Road water and road
improvements (Bid No. 0203-4), and authorize staff to
solicit further bids from the six pre-qualified firms (City
Manager)
Motion: Approve Consent Agenda Items A -D as
presented.
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January 13, 2003
i The motion carried unanimously.
' S. Committee Reports:
There were no Committee Reports.
' 6. Action on Resolutions:
' A. Approve Resolution No. 03-01, which is an agreement
identified as the State Highfvay System Lighting,
Maintenance and Compensation Agreement bet•veen the
' Florida Department of Transportation and the City of
Atlantic Beach, and authorize the Mayor to sign the
agreement (City Manager}
Motion: Approve Resolution No. 03-01.
' There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 20-03-57 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
' BUDGET OF THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003 (City Manager)
Mayor Meserve read the ordinance by title only and stated the
' public hearing for all of the ordinances would be held January 27,
2002.
' Motion: Approve Ordinance No. 20-03-57 on first
reading.
t There was no discussion and the motion carried unanimously.
B. Ordinance No. 80-02-66 Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22,
UTILITIES, ARTICLE II, WATERWORKS SYSTEM,
SECTION 22-20, FEES TO ESTABLISH SERVICE OR
RE-ESTABLISH SERVICE AFTER CUT-OFF OR
TRANSFER TO INCREASE THE TURN-ON F.EE, TO
' PROVIDE FOR A RE-CONNECT FEE, TO PROVIDE
FOR A RE-CONNECT FEE FOR DELINQUENT
ACCOUNTS, TO INCRESE THE TRANSFER FEE, TO
PROVIDE FOR AN AFTER-HOURS FEE, TO AMEND
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January 13, 2003
SECTION 22-22, FEE ESTABLISHED FOR RE-READ
OF METERS TO INCREASE THE RE-READ FEE,
AND TO PROVIDE AN EFFECTIVE DATE (City
Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 80-02-66 on first
reading.
Commissioner Waters inquired concerning how the dollar amounts
for the fees were established and why the proposed re-read fee was
more than the proposed reconnect fee. He felt that the proposed fees
found in items c, d and e of Section 22-20 of the ordinance affected
those who could least afford to pay them and should be. deleted from
the ordinance.
Finance Director Van Liere explained that new fees were added and
existing fees adjusted to recover costs. He explained that two trips
were required when service was turned off because of delinquency
of payment, and the thirty dollar reconnect fee covered costs. City
Manager Hanson explained that item a was based on cost and no
city provided free turn-on service before or a8er normal business
hours or on weekends.
There was no further discussion and the motion carried by a three to
one vote with Commissioners Parsons and Beaver and Mayor
Meserve voting aye and Commissioner Waters voting nay.
C. Ordinance No. 95-03-82 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 5,'
BEACHES AND PARKS, ARTICLE III, PUBLIC
PARKS, ADDING A NEW SECTION 5-32 TO
ESTABLISH A SCHEDULE OF PARKS AND
RECREATION FEES, AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 95-03-82 on first
reading.
Commissioner Waters felt the fee charged for luminaries should not
be included in the ordinance.
Amendment to the motion:. Delete the $2.00 per kit
charge for luminaries from the ordinance.
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January 13, 2003
There was no further discussion and the amendment to the motion
and motion carried unanimously.
D. Ordinance No. 90-03-178 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF
FLFORIDA, AMENDING ORDINANCE NO.90-01-172,
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO ADD NEW
SECTION 24-171, COMMERCIAL CORRIDOR
DEVELOPMENT STANDARDS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Manager)
Mayor Meserve read the ordinance by title only and briefly
explained that the creation of the commercial corridor standards far
Mayport Road would be good for the development of the area. He
' felt the city should encourage the City of Jacksonville to develop
similar regulations for the portion of Mayport Road that is within
their boundaries.
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Motion: Approve Ordinance No. 90-03-178 on first
reading.
Commissioner Water inquired as to what would happen if the 100'
depth of the corridor encroached into residential zoning.
Community Development Director Doerr explained that commercial
corridor development standards only applied to corrimercial zoning
districts.
Commissioner Waters felt open bay doors in Section 24-171 (c) (2)
should not be allowed to face adjoining residential properties. He
also inquired as to how owners ofpre-existing chain link fencing
will be notified at the end of the four year extension they will be
given to bring the fence into compliance with the new regulations.
Ms. Doerr explained that they would be notified in the same manner
as when the sign ordinance regulations were implemented.
Following brief discussion, the motion carried unanimously.
E. Ordinance No. 65-03-31 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RENAMING CHURCH ROAD TO
' DUTTON ISLAND ROAD; AND PROVIDING AN
EFFECTIVE DATE (City Commission)
Mayor Meserve read the ordinance by title only.
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January 13, 2003
Motion: Approve Ordinance No. 90-03-178 on first
reading.
There was no discussion and the motion carved unanimously.
F. Ordinance No. 95-03-83 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 5,
BEACHES AND PARKS, ARTICLE I, IN GENERAL,
ARTICLE II, BEACH SAFETY ZONE, ARTICLE III,
PUBLIC PARKS, PROVIDING FOR SEVERABILITY,
AND PROVIDING AN EFFECTIVE DATE (City
Commission)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 95-03-83 on first
reading.
Commissioner Parsons suggested that a dollar amount for
application and deposit fees be included in the ordinance.
After discussion of the fees, it was the consensus of the Commission
to include those fees in the ordinance
Following brief discussion, the motion carried unanimously.
8. Miscellaneous Business:
A. Action on a request from Wilson and Wilson Optical, 615
Atlantic Boulevard, to allow anon-conforming sign to be
fully removed and reinstalled in the same general
location at the existing height of ttiventy-five feet (City
Manager)
Motion: Allow anon-conforming sign to be fully
removed and reinstalled in the same general location at
the existing height of twenty-five feet.
Mayor Meserve stated that he had previously voted against the 8'
height limitation of the revised sign ordinance and he would like to
find some way to allow the Wilsons to rebuild their sign. He felt an
8' sign would not be visible over a car if it was parked next to the
sign and would cause a traffic hazard on this particular site, since
parking was limited. Mayor Meserve felt the Wilsons should be
able to rebuild the sign to the current height with proper engineering
and wind load requirements of the Florida Building Code. He felt
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January 13, 2003
the 8' height limitation should be site specific and this site would
not safely accommodate an $' sign.
Mrs. Wilson indicated that they would like to be able to remove the
"Wilson and Wilson" part of the existing sign, which overhangs the
right-of--way, and reinstall a new sign on the existing pole.
Commissioner Beaver felt Mr. and Mrs. Wilson should try to work
within the 8' height requirement of the new sign ordinance. He felt
that if a variance from the height requirement was granted to the
Wilsons, it would set a precedent for future requests. ,
' Discussion of the problems related to the current non-conforming
Discussion ensued and the motion and second were withdrawn.
Motion: Defer action on the request to the January 27,
' 2003 meeting.
The Commission directed the Wilsons to bring a new sign plan to
' the City Commission for their review and approval at the January
27cn meeting.
1 There was no further discussion and the motion carried
unanimously.
sign and its placement on the property ensued. Mrs. Wilson
provided background information and stated they could not
' effectively place an 8' monument sign on the property.
Commissioner Waters concurred. (Community Development
Director Doerr and Code Enforcement Officer Sherrer's Staff
' Report providing background information related to the request is
attached and made part of this official record as Attachment C).
B. Board/Committee Appointments
Tree Conservation Board (1}
-' Code Enforcement Board (1)
Mayor Meserve nominated David Owens for appointment to the Tree
' Conservation Board and Chris Shea for appointment to the Code
Enforcement Board.
Discussion ensued and it was pointed out that there would be a vacancy
on the Community Development Board and Mr. Shea might better serve
on that board.
' Motion: Appoint David Owens to fill the unexpired term of
Joan McCloud on the Tree Conservation Board and defer an
' appointment to fill the unexpired term of James Pelkey on the
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January 13, 2003
Code Enforcement Board to the January 27, 2003
Commission Meeting.
There was no further discussion and the motion carried unanimously.
C. Approve final plat for afour-lot subdivision known as
Cornell One in accordance tivith staff recommendations
(City Manager)
Motion: Approve final plat of Cornell One Subdivision
as recommended by staff.
Commissioner Waters inquired concerning the easements included
on the plat. Community Development Director Doerr indicated that
the easements would be recorded on the plat and would remain in
effect unless changed by some future Commission.
There was no further discussion and the motion carried
unanimously.
9. City Manager
A. Report and recommendations regarding decorative
crosswalks
City Manager Hanson explained the recommended locations for the
decorative crosswalks as listed in Director Thompson's staff report
dated December 20, 2002. The report is attached and made part of
this official record as Attachment D. City Manager Hanson
explained that the crosswalks would be experimental to see how
effective they would be for traffic calming.
Discussion ensued and the Commission concurred with the
recommendation in the Staff Report to install crosswalks at the
following locations: Sherry Drive at the school crossing just south
of Third Street, at the north side of the 7`h Street and East Coast
Drive intersection and at the Third Street and East Coast Drive
intersection. It was agreed that the crosswalks should have a rough
surface that would cause a rumbling effect when driven on to slow
traffic. It was also agreed that installation of the crosswalks would
be coordinated with paving of the streets during the core city
project.
Commissioner Waters suggested that in the meantime, the
Commissioners look at crosswalks in other cities to see which type
worked the best.
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' B. Report regarding traffic control on Sherry Drive
In response to a petition presented to the Commission on November
' 25, 2002, for additional stop signs to be placed on Sherry Drive,
Director Thompson reported that after evaluating all of the data,
there was no public safety reason for the stop signs requested in the
' petition. His report is attached and made part of this official record
as Attachment E.
' Commissioner Parsons reported that he had received numerous calls
and letters opposing any additional stop signs for Sherry Drive.
' C. Report and recommendations regarding sight distance
requirements at intersections
I Director Thompson presented a written report and pictures of
obstructions such as rocks, shrubs, trees, landscaping timbers and
walls that had been placed or constructed on city rights-of--way
' causing hazardous conditions and visibility problems at
intersections.
' During the presentation, sight distance requirements and safety
' • Requested that the south gate at the Cloisters Condominium
be closed. Public Works Director Kosoy indicated that the
gate would be closed when a construction project in that area
was complete.
zones were explained. Proposed language to amend the existing
code to place reasonable limitations on items that could be placed on
' city rights-of--way was also presented. It was pointed out that the
limitations would not apply to signalized intersections or those with
multiple stop signs.
' After discussion, Director Thompson was directed to draft an
ordinance to incorporate the proposed language into the city code.
' 10. Re orts andJor re uests from Ci Commissioners and
P q tY
City Attorney
Commissioner Beaver
Commissioner Parsons
•:• Reported the City of Neptune Beach was considering
' adopting a sign ordinance similar to the City of Atlantic
Beach's new ordinance and he had learned they were
considering giving businesses an incentive to remove non-
1 conforming signs in five years and requiring that all non-
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conforming signs be removed or replaced in ten years. He
suggested that the City of Atlantic Beach adopt similar
requirements.
••• Reported that the Police Department had required patrons of
the recent ABET event to move their parked cars from
' Seventh Street. Following brief discussion, Chief
Thompson said he would provide a map illustrating parking
spaces in the vicinity.
' Commissioner Waters
• Reported that the January Northeast Florida League of Cities .
meeting would be held at the St. Augustine Rod and Gun
Club and urged the other Commissioners to attend.
' Mayor Meserve
' • Noted that there were several strategic planning challenges
facing the Commission this year and suggested that the
Commissioners begin thinking about them for the planning
' sessions to be held in March and April.
There being no further discussion or business to come before the.
' City Commission, the Mayor declared the meeting adjourned at
9:20 p.m.
' John Meserve
Attest: Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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