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MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, JANUARY 27, 2003 PRESENT: John Meserve, Mayor Commissioner Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Richard Beaver, Mayor Pro Tem Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of January 13, 2003 Motion: Approve the minutes of the Regular Commission Meeting of January 13, 2003 as presented. The motion carried unanimously. Item 7F was taken out of sequence and acted on at this time. Mayor Meserve indicated that strong opposition had been expressed to allowing horses to be ridden on the beach and an amendment to Ordinance No. 95-03-83 would be presented to prohibit the same. F. Ordinance No. 95-03-83 Public Hearing & Final 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) Motion: Approve Ordinance No. 95-03-83 with the following amendment: In Section 5-17, delete ... "and riding of animals prohibited" from the title and "or any vehicle drawn v v 0 0 z T E E s S M S O E T c I O Y 0 N E N N D S 0 COMMISSIONERS BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X WATERS X X Minutes Page -2- January 27, 2003 by a draft animal or to ride any animal ... "The city may require a $25.00 non-refundable application fee, and a deposit not to exceed two (2) times the estimated cost of clean up, to assure that the requesting entity complies with all conditions of the permit." Also, add Section 5-18 Animals, to read as follows: "It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens, poultry or goats on the ocean beach." Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Stephen Kuti of 1132 Linkside Drive approved of the amended ordinance. Howard Brown (no address given) confirmed that Ordinance No. 95- 03-83, as amended, prohibited horses on the beach. No one else spoke and the Mayor declared the public hearing closed. Following brief discussion the motion carried unanimously. 2. Courtesy of the Floor to Visitors Lisa Bruno of 377 Plaza presented a petition and spoke in opposition to reinstalling the speed bumps on the section of Plaza between East Coast Drive and Seminole Road. The petition is attached and made part of this official record as Attachment A. Brian Christy of 1651 Mayport Road spoke concerning Item 7D, the ordinance establishing commercial corridor development standards along Mayport Road. He thought the proposed enhancements should be implemented in such a way as to prevent an undue financial burden to business owners. He said fences were necessary and existing fencing should not have to removed within four years to be consistent with the new requirements. Mike Fogg of 366 Plaza and Hugh Palmer of 374 Plaza spoke in favor of reinstalling the speed bumps on Plaza. Mr. Fogg provided background information concerning the speed bumps and stated that they were installed more than twelve years ago to reduce the speeding problems at that time. Mr. Fogg's statement concerning the speed bumps is attached and made part of this official record as Attachment B. Bob Totter of 275 11`h Street inquired concerning the "test criteria" being applied to the decorative crosswalk to be installed at the school and who would be responsible for the follow-up. He thought the city M S O E T c I O O N COMMISSIONERS N D Y E N S 0 Minutes Page -3- January 27, 2003 should encourage homeowners to join the Arbor Day Foundation, which provided trees free to homeowners (Item 4B). He also expressed concern that oak trees were being planted on rights-of--way where they would conflict with electrical lines. J.P. Marchioli of 414 Sherry Drive indicated that the seventy-eight citizens who signed the petition for stop signs on Sherry Drive would continue to work for the installation of the signs. He also commented that Howell Park and Dutton Island Preserve, to his knowledge, were not handicapped accessible. Alan Potter of 374 2"d Street stated that the JEA took several months to repair burned out street lights. He indicated that the light at 1 S` Street and East Coast Drive had burned out and the light at 364 2"d Street failed to illuminate the street. Mr. Potter reiterated his position that CDM, the city's stormwater consultant, was too expensive. He requested a status report on the Stormwater Report being prepared by CDM. In his opinion, the culvert at the Publix/Aquatic Drive area was too small to carry the water flow and caused the city to flood. He further stated the metal gate on the culvert was still in place and inquired as to why it had not been removed. Mr. Potter felt establishing Commercial Corridor Development Standards (Item 7D) was an infringement on a property owners rights. He distributed copies of the St" Amendment to the United States Constitution, which in his opinion, protected property owners' rights. Jean Nienhuis of 387 Plaza stated that she works from her home during the day and had not noticed a speeding problem on Plaza. She felt the size of the speed bumps on Plaza was excessive. Stephen Kuti of 1132 Linkside Drive felt there would be no need for speed bumps anywhere in the city if the Police Department enforced the speed limit laws. Mr. Kuti also opposed the $10.00 fee being charged for flag football in Item 7C. City Manager Hanson explained that fees were charged by either private individuals or organizations for tennis, softball and soccer; and the city sponsored flag football and had always charged the fee. Lorraine Gibson of 363 Plaza favored keeping the speed bumps on Plaza. John Murr of Murr's Auto located on Mayport Road agreed with Mr. Christy, and with beautifying Mayport Road but felt the regulations should be reasonable (Item 7D) OMMISSIONERS M O T I 0 N S E C O N D Y E S N O Minutes Page -4- January 27, 2003 A. Buddy Hall of James Moore & Company with Audit Report Buddy Hall, Manager of the audit, presented the audit report and said the report complied with all federal, state and local accounting requirements and no weaknesses were found in the internal controls. Mr. Hall commended the city staff for their work in helping to prepare the audit. He then presented a brief overview of the report and indicated the city was in good financial condition. He commended the Commission for their Strategic Plan and suggested that the city maintain reserves for a three to six months period. He reported that the sewer and stormwater funds were not self-sustaining and should be closely monitored. Mr. Hall also reported that the city met its required debt service coverage ratio relative to bond resolution requirements. He also indicated that the Pension Fund, due to the state of the national economy, had lost money this year, but it was not a major concern at this time. (A copy of the audit report is on file in the Office of the City Clerk). 3. Unfinished Business from Previous Meetings A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment C. Elimination of the West Plaza "Hump": Lane Closures A new schedule for lane closures was reported as follows: The weekend of February lst and 2"d (Friday at 7:00 p.m. through Monday at 7:00 a.m.) and weeknights from Monday, February 3ra through Friday, February 6th from 7:00 p.m. unti15:00 a.m. the following morning. Fees for Use of Recreation Facilities It was reported that some issues concerning who should be charged the fee had come up and this matter had been turned over to the Recreation and Cultural Arts Advisory Committee for their recommendation. Decorative Crosswalks Design The City Manager provided the design of the proposed decorative crosswalks and it was the consensus of the City Commission to proceed with the installation of the crosswalk on Sherry Drive at the school. Bob OMMISSIONERS M O T I 0 N S E C O N D Y E S N O Minutes Page -5- January 27, 2003 Kosoy pointed out that a small ramp would be required to minimize the bump and the City COmm1SSlOn concurred. COMMISSIONERS B. Approval of the proposed sign plan of Wilson & Wilson Optical located at 615 Atlantic Boulevard The owners of Wilson and Wilson Optical made a visual presentation illustrating the placement of an 8' x 8' monument sign at various locations on their property. After a complete discussion of the problems related to placing a monument type sign on the property, the Commission requested that the Wilsons bring back to the next Commission Meeting specific plans for different types of signs that would work on the property, and if needed, to submit an application for a variance to the sign ordinance. 4. Consent Agenda: Mayor Meserve requested that Item 4B be removed from the Consent Agenda for discussion. A. Award contract in the amount of $105,788.78 to Southeast Land Developers for paving and drainage improvements on Dewees, Coquina, Shell and Coral Streets pursuant to the specifications of Bid No. 0203-OS (City Manager) C. Extend contract with. Tom's Asphalt Repairs, Inc. for small asphalt paving repairs for one year at the current bid prices as submitted under Bid No. 0102-9 -(City Manager) D. Extend contract with R. L. Lawrence Construction for concrete repairs for one year at the current bid prices as submitted under Bid No. 0102-10 (City Manager) E. Extend contract with Florida Pipe Tech, Inc. for stormwater jetting and cleaning for one year at the current bid prices as submitted under Bid No. 0102-8 (City Manager) F. Approve purchase of a heavy equipment trailer pursuant to the specifications of Bid No. 0203-7, from Trail-Eze Trailers at a cost of $12,617 (City Manager) BORNO Motion: Approve Consent Agenda Items A, and C- F as PARSONS presented. WATER S MESERVE M S O E T C I O O N N D X X X X X X Y E N S O The motion carried unanimously. Minutes Page -6- January 27, 2003 B. Award contract in the amount of $22,000 to Commercial Landscaping for tree planting pursuant to the specifications of Bid No. 0203-6 (City Manager) Mayor Meserve inquired as to the choice of Sweet Gum trees as a substitute for Crepe Myrtles. He believed this type of tree was an undesirable tree for rights-of--way plantings. Commissioner Waters inquired concerning the choice of 50 Sable Palms and stated he objected to spending money on palm trees. City Manager Hanson indicated the palms would be used to replace palms missing from the palm colonade. Motion: Defer action on Item 4B to the February 10, 2003 Commission Meeting. There was no further discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 20-03=57 Public Hearing & Final 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 opened the floor for a public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. Motion: Approve Ordinance No. 20-03-57 on final reading. There was no discussion and the motion carried unanimously. B. Ordinance No. 80-02-66 Public Hearing & Final Reading AN ORDINANCE AMENDING CHAPTER 22, UTILITIES, ARTICLE II, WATERWORKS SYSTEM, OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -7- January 27, 2003 SECTION 22-20, FEES TO ESTABLISH SERVICE OR RE-ESTABLISH SERVICE AFTER CUT-OFF OR TRANSFER TO INCREASE THE TURN-ON FEE, 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 SECTION 22-22, FEE ESTABLISHED FOR RE-READ OF METERS TO INCREASE THE RE-READ FEE, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Motion: Approve Ordinance No. 80-02-66 on final reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Lynn Drysdale of 1768 Ocean Grove Drive stated that the proposed reconnect fee was double the amount previously charged and would cause a hardship for those who could least afford to pay the increased fee. Bob Totter of 275 11th Street expressed the same concern as Ms. Drysdale. J.P. Marchioli of 414 Sherry Drive suggested charging a larger deposit to habitual delinquent accounts. Since no one else wished to speak regarding the ordinance, the Mayor closed the public hearing and pointed out that the fees reflected the actual costs to provide the service. Commissioner Waters agreed with the concerns expressed and stated that if there had to be a reconnect fee, a $20.00 fee would be more reasonable. Amendment to the Motion: Set the reconnect fee at $20.00. The amendment to the motion was lost due to a tie vote, with Mayor Meserve and Commissioner Waters voting aye and Commissioners Borno and Parsons voting nay. Discussion ensued and City Manager Hanson explained the rate structure was based on real costs incurred by the city to perform the service. He indicated that many of those who had their water turned OMMISSIONERS M O T I O N S E C 0 N D Y E S N O BORNO X X PARSONS. X X WATERS X MESERVE X BORNO X PARSONS X WATERS X X MESERVE X X Minutes Page -8- January 27, 2003 off were habitually delinquent. Commissioner Parsons inquired concerning assistance for paying utility bills for low income families. City Manager Hanson indicated that help was available through various charitable organizations. There was no more discussion and the motion carried unanimously. C. Ordinance No. 95-03-82 Public Hearing & Final 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 Motion: Approve Ordinance No. 95-03-82 on final reading. Mayor Meserve read the ordinance by title only, and opened the floor for a public hearing. Bob Totter of 275 11th Street inquired concerning the $10.00 fee for flag football. City Manager Hanson responded that it was the only sports program run by the city and the fee had always been charged. No one else spoke for or against the ordinance and the Mayor. declared the public hearing closed. There was no more discussion and the 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 FLORIDA, AMENDING ORDINANCE N0.90-01-172, 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) Motion: Approve Ordinance No. 90-03-178 on final reading. Bob Totter of 275 11th Street read a letter written by Michael Hoffman to the Editor of the Beaches Leader opposing the OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X PARSONS X WATERS X X MESERVE X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -9- January 27, 2003 establishment of a Commercial Corridor along Mayport Road as being detrimental to the adjoining residential neighborhoods. Atillio Cerqueira of 580 Mayport Road inquired concerning the provisions of the ordinance relative to the construction standards for the Commercial Corridor. He indicated that he was in the process of having engineered drawings completed for a building and inquired if a steel building would be acceptable on Mayport Road. Mayor Meserve responded that the construction standards had not changed but there would be changes for exterior finishes on the front side of new buildings and additions facing Mayport Road. Mayor Meserve indicated that existing buildings would be grandfathered in. John Murr of Murr's Autos inquired concerning the fences of residential properties facing Mayport Road would have to be removed. Mayor Meserve responded that the new designation would only affect commercial properties. No one else spoke and the Mayor declared the public hearing closed. Discussion ensued and Commissioner Waters pointed out that there were residential properties located within the commercial zones. Community Development Director Doerr stated that this matter would be addressed during rezonings subsequent to the Comprehensive Plan amendment process. She indicated that residentially platted property should be zoned residential. Fences were discussed in detail and Ms. Doerr pointed out that the ordinance prohibited the use of chain link, barbed wire, razor wire and concertina wire and like fences in any required front yard or yard adjoining a street. It was also pointed out that buffers were required between commercial and residential development. Commissioner Borno inquired if existing bay doors facing Mayport Road would have to be changed. Ms. Doerr stated that they would be permitted to stay unless the use of the building changed. Commissioner Borno pointed out that chain link fences were needed for security in the commercial corridor and suggested that reasonable relief be granted to business owners relative to their security fences. Ms. Doerr indicated that security type fences were allowed at the rear of the properties, but it was difficult to have an aesthetically pleasing frontage with that type of fencing. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- January 27, 2003 Mayor Meserve said the City was trying to improve the aesthetics of the area and adoption of the ordinance would set up a framework for the future, with existing businesses being "grandfathered" in. He believed that if nothing was done, Mayport Road would continue to develop in its current hodgepodge fashion. There was no further discussion and the motion carried by a three to one vote with Commissioners Parsons and Waters and Mayor Meserve voting aye and Commissioner Borno voting nay. E. Ordinance No. 65-03-31 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, RENAMING CHURCH ROAD AND DUTTON ROAD TO DUTTON ISLAND ROAD; AND PROVIDING AN EFFECTIVE DATE (City Commission) Mayor Meserve read the ordinance by title only and explained the change of wording in the ordinance to include the renaming of Dutton Road and Church Road to Dutton Island Road. Mayor Meserve indicated that the public hearing for this ordinance would be held February 10, 2003. Motion: Approve Ordinance No. 90-03-178 on first reading. There was no discussion and the motion carried 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) Item 8F was taken out of sequence and approved, as amended, earlier in the meeting. 8. Miscellaneous Business: A. Authorize W. Earl Floyd & Son, Inc. to abandon the existing Howell Park well at a cost of $10,500 and authorize amid-year budget modification; provide direction to staff regarding the construction of the Intermediate Aquifer replacement well, headwall M S O E T C I O Y O N E N COMMISSIONERS N D S O BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -11- January 27, 2003 improvements and staff gauge installation (City Manager) Motion: Authorize W. Earl Floyd & Son, Inc. to abandon the existing Howell Park well at a cost of $10,500. Do not replace with a shallow well at this time, monitor it for one year and at that time decide whether or not to construct an intermediate aquifer replacement well. Commissioner Waters stated that he was opposed to capping the Howell Park well since he believed it would negatively impact water flow through the park and lagoon system. Commissioner Borno inquired why the well was originally installed and the City Manager said it was his understanding the well was installed to augment the flow through the Selva Lagoon .system during .dry times. It was further explained that the St. Johns River Water Management District (SJRWMD) was requiring that the deep well be abandoned and was allowing it to be replaced with an intermediate aquifer well to maintain the Howell Park pond, but not to provide flow in the lagoon. Utility Director Kaluzniak pointed out that the well abandonment must be completed to meet the city's Consumptive Use Permit requirements, and if the city did not comply, the SJRWMD could fine the city up to $10,000 per day. Discussion ensued and it was the consensus of the Commission to hold off on the installation of the new well. There being no further discussion, the motion carried by a three to one vote with Commissioners Borno and Parsons and Mayor Meserve voting aye and Commissioner Waters voting nay. B. Review proposed changes to Chapters 22 and 24 of the City Code and authorize staff to draft an ordinance to implement the changes (City Manager) A brief discussion ensued and it was the consensus of the Commission to authorize staff to draft an ordinance(s) to implement the required changes to Chapters 22 and 24 of the City Code. C. Board/Committee Appointments Tree Conservation Board (1) Code Enforcement Board (1) Cultural Arts and Recreation Advisory Committee (1) OMMISSIONERS M S O E T C I O O N N D Y E S N O BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -12- January 27, 2003 Mayor Meserve nominated Tom Hill for appointment to the Tree Conservation Board, Chris Shea for appointment to the Code Enforcement Board and Betsy Tidwell for appointment to the Cultural Arts and Recreation Advisory Committee. Motion: Appoint Tom Hill to fill the unexpired term of Carol Rockwood on the Tree Conservation Board, appoint Chris Shea to fill the unexpired term of James Pelkey on the Code Enforcement Board, and appoint Betsy Tidwell to the fill the unexpired term of Barbara Hopson on the Cultural Arts and Recreation Advisory Committee. There was no discussion and the motion carried unanimously. D. Approve a Change Order in the amount of $27,610 to the contract with Control Design, Inc., to upgrade the SCADA system Motion: Approve a Change Order in the amount of $27,610 to the contract with Control Design, Inc., to upgrade the SCADA system. City Manager Hanson explained the request and pointed out by investing the $27,610 now, the city would save $22,000 per year when the contract with BellSouth expires. It was pointed out that the upgrade also provided future possibilities of using the improved radio system, for police laptops to communicate with the city network and for security cameras at the city parks. There was no discussion and the motion carved unanimously. 9. City Manager A. Report regarding proposed zoning changes. Community Development Director Doerr explained that an ordinance would be placed on the next Commission agenda for first reading to redesignate the lands presently classified as Open Rural (OR) to the new zoning designation of Conservation (CON). Strategic Planning Sessions • The City Manager reported that this year's Strategic Planning Sessions were scheduled from 5:00 - 9:00 p.m. on March 5`h and 6`h at the Sea Turtle Inn. OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X PARSONS X WATERS X X MESERVE X X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -13- January 27, 2003 Unites States Post Office Property on Mayport Road • Reported he would be working with the Post Office and JTA on a proposal to reconfigure an entrance to the Post Office property from Plaza. He explained that the Post Office agreed conceptually to placing an entrance on Plaza, but had no funds to make the required improvements on their property and an alternative method of funding was being considered. There were no objections. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Inquired if the reflector tiles removed from Seminole Road would be replaced. Public Works Director Kosoy indicated they would be replaced. Commissioner Waters • Inquired concerning the necessity of purchasing the heavy equipment trailer (Item 4F). Public Works Director Kosoy stated that the current trailer used to transport the Menzie Mucker was old and inefficient. Commissioner Parsons • Believed that when traveling in a westerly direction on Atlantic Boulevard the turn onto Mayport Road was not very well signed and asked Director Thompson to check on this signage. • Stated he would like to review a copy of the study resulting in the placement of speed bumps on Plaza. • Inquired as to the size of the replacement speed bumps for Plaza. Public Works Director Kosoy indicated that Aikenhead and Odom's traffic engineers had recommended three (3) longer, lower sloped speed bumps with white warning stripes as the bumps are approached. • Reported that he had spoken to a Neptune Beach Councilor who suggested that for an incentive for businesses in the business corridor to bring their signs into compliance, sign permits could be issued at no cost for a period of five years, OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -14- January 27, 2003 with all signs being brought into compliance within ten years. Staff was directed to draft language into the current ordinance to reflect the suggested changes. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 10:25 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O