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MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMNIISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, FEBRUARY 24, 2003 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Commissioner Mike Borno Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Commissioner Paul Parsons 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 February 10, 2003 Motion: Approve the minutes of the Regular Commission Meeting of February 10, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors A. Jerry Scarborough, Army Corps of Engineers, with report regarding beach renourishment project Mayor Meserve introduced Jerry Scarborough and Steve Ross from the Army Corps of Engineers and Walt Hogrefe from the City of Jacksonville who were present to report on the status of the beach renourishment project. Mr. Scarborough summarized the problems encountered in Jacksonville Beach and stated that he did not want them repeated in Atlantic Beach. Mr. Scarborough stated that representatives from the various entities had observed a test dredge quality control measures had been implemented that should ensure that the problems experienced in Jacksonville Beach would not be repeated in Atlantic Beach v v 0 0 T T E E S s M S O E T C I O Y O N E N N D S O COMMISSIONERS BEAVER X X soRrro x x WATERS X MESERVE X Minutes Page -2- February 24; 2003 Discussion of sand sources ensued. Mr. Scarborough indicated ocean reconnaissance was presently being performed, and in the future, the Corps may have to go from three to ten miles out in the ocean to find beach quality sand. Mayor Meserve inquired if the city's beach was not renourished now, could the Corps guarantee a future beach renourishment project. Mr. Scarborough indicated that they try to schedule renourishment projects every three years to six years, but funding was becoming a concern and suggested that local officials work with their Congressional Representatives to keep the project funding. Discussion ensued and Mr. Scarborough stated that he did not know if there would be enough good quality sand to complete both cities, but they would try to complete the worst areas. Kevin Bodge, the consultant hired to protect the city's interests in the beach renourishment project, indicated that he had taken part in the test dredging. He displayed pictures of the dredging operation and beach profile information. Mr. Bodge displayed a map illustrating the test dredging locations and indicated that beach quality sand was available in Sections 1 and 2. Sand samples taken from these areas were distributed. The map is attached and made part of this official record as Attachment A. Discussion of offshore sand sources ensued and Mr. Bodge felt regional and offshore sand sources were available, but they needed continued funding. He recommended that the Commissioners urge their Congressional Representatives to keep funding available for beach renourishment projects. The Commissioners agreed to move forward with the project. Motion: Accept placement of sand for beach renourishment from the ongoing dredging of the St. Johns River entrance using maintenance dredged material from Sections 1 and 2, subject to real time inspection of the material's suitability for beach placement by the Corps of Engineers and the City of Jacksonville; with the understanding that (1) Actual placement of the sand may be limited by available dredge volumes, funds or timing of the work, and (2) Placement would be suspended if two or more subsequent loads of material were determined to be non-beach compatible. There was no further discussion and the motion carried unanimously. Bob Totter of 275 11th Street commented on the following items: (1) Parking passes for residents were issued in another city where he lived, OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X WATERS X X MESERVE X Minutes Page -3- February 24, 2003 which allowed residents to park at the beach parking areas, (2) Believed the $100 deposit for use of city facilities was too high (Ordinance 95-03- 82 passed on January 27, 2003), (3) Suggested if the city decided to inspect rental properties, a $25 inspection fee should be charged at the time the property is rented, and no other inspection should be performed until the tenant moved out. Carol Mikell of 1771 Sea Oats Drive requested that the Commission consider adopting an ordinance to allow the use of golf carts on certain streets in Atlantic Beach. Mrs. Mikell provided sample ordinances, information concerning golf cart communities, and a map of designated streets to the City Clerk for distribution to the Commissioners. Lynn Charest of 1858 Beachside Court and Bryan Barker of 609 Beach Avenue supported the use of golf carts. Pat Pillmore of 995 Camelia Street commented on the following items: (1) Believed the city would wake a "sleeping dragon" if they prohibited landscaping on street rights-of--way, (2) Opposed the proposed 47-lot gated community (PUD) west of Mayport Road, and (3) Opposed rental property inspections as just another restriction, and felt there were city codes already in place that addressed any problems. Randell Powell of 73 Oceanside Drive spoke in opposition to the city parking radar carts on the rights-of--way of narrow residential streets. He believed exposure to radar rays from the cart could present a health hazard to residents living near the carts. Alan Potter of 374 Second Street thought that by the time it was done, the city would pay too much for consultant fees for the preparation of the proposal for the city to provide water and sewer services to the Navy. He felt the City of Atlantic Beach could not compete monetarily with the Jacksonville Electric Authority for the project, and they would win in the end. Holly Kartsonis of 144 14th Street introduced herself as a candidate for the City of Jacksonville District 13 Council Seat. Mrs. Kartsonis also stated there was a drainage problem on her street and inquired if the city planned to correct the problem. She was directed to speak to Public Works Director Kosoy. J. P. Marchioli of 414 Sherry Drive repeated his previous requests for a - lower speed limit on Sherry Drive. He then introduced his neighbor, Ms. Lawrence, who lives at the corner of 5th Street and Sherry Drive. Ms. Lawrence thought construction of sidewalks and a large two-story home south of her property were causing drainage problems on her property. She was directed to discuss her drainage problem with Public Works OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- February 24, 2003 Director Kosoy and the house construction with Building Official Don Ford 3. Unfinished Business from Previous Meetings A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on the following items from his follow up report: Sign Regulations Mr. Hanson reported that an ordinance to amend the city's sign regulations to add a provision that existing, non-conforming signs must be brought into compliance within a ten year period would on the agenda of the next meeting. Fill on Lot on 19th Street Reported that since the follow up report was written, a stop work order had been placed on the lot because the contractor was not following the approved lot-grading plan. He indicated that this had been resolved, the stop work order was lifted and the lot was now being graded according to the approved plan. Fees & Charges for Use of City Facilities & Activities In response to Mr. Totter's earlier comment, the City Manager reported that the fees did not apply to the beach. He further reported that the question concerning which individuals or organizations should pay the $50 fee and $100 deposit had been turned over to the Cultural Arts and Recreation Advisory Committee for their recommendation. B. Request from Wilson and Wilson Optical, 615 Atlantic Boulevard, to allow anon-conforming sign to be removed and re-installed in the same general location Mayor Meserve reported that the Wilsons were not in attendance and action was deferred to the next meeting. 4. Consent Agenda: A. Acknowledge Receipt of Building Department Monthly Report for January 2003 (City Manager) B. Award Contract to R&B contracting, Inc. in the amount of $172,914.50 for Church Road Water and Road OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -5- February 24, 2003 Improvements pursuant to the specifications of Bid 0203- 4 (City Manager) C. Award Contract to Treasure Enterprise in the amount of $39,600 for janitorial service at City Facilities pursuant to the specifications of Bid 0203-08 (City Manager) D. Award Contract to B.A. Wilson Company in the amount of $113,000 for trail development and installation of four shelters at Dutton Island pursuant to the specifications of Bid 0203-9 (City Manager) Motion: Approve Consent Agenda Items A -D as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: A. General Employee Pension Board B. Police Employee Pension Board Tim Townsend, Chair of the General Employee Pension Board, and Henry Bartle, Chair of the Police Employee Pension Board, .:A; presented written reports to the Commission. (Copies o t e reports are on file in the Office of the City Clerk). During a brief question and answer session, it was pointed out that both pension funds were in good shape despite weak performance in the stock market during the past year. 6. Action on Resolutions: A. Resolution No. 03-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING AN EVALUATION AND APPRAISAL REPORT FOR THE CITY OF ATLANTIC BEACH COMPREHENSIVE PLAN, REVISING THE PREVIOUSLY ADOPTED EVALUATION AND APPRAISAL REPORT AS ADOPTED BY RESOLUTION NUMBER 97-34; STATING THE INTENT OF THE CITY COMMISSION TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENTATIONS CONTAINED IN THE REPORT; AND APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN OMMISSIONERS M O z I O N S E c O N D Y E S N O BEAVER X BORNO X X WATERS X X MESERVE X Minutes Page -6- February 24, 2003 ACCORDANCE WITH SECTION 163.3191 FLORIDA STATUTES Motion: Approve Resolution No. 03-03. Community Development Director Doerr introduced Amy Skinner, a consultant with the firm of Ivey, Harris and Walls, who assisted with the review and rewrite of the Evaluation and Appraisal Report (EAR), and stated that she would be available to answer any questions the Commissioners might have. Ms. Doerr explained that the Department of Community Affairs (DCA) required adoption of the Evaluation and Appraisal Report (EAR) and they would review the report and send a Sufficiency Finding back to the city. The city will begin the process to amend the Comprehensive Plan immediately following receipt of the report. She indicated that both the text of the plan and the Future Land Use Map would be amended and some new maps created, as required. Commissioner Waters felt that work with the Community Development Block Grant and Habitat should be included in Objective 1.4 as good things the city has done. Ms. Doerr indicated that this was included in the Housing Element, but could be included in Objective 1.4 if so directed. There was no further discussion and the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 20-03-56 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 (City Manager) The ordinance was read by title only by Mayor Meserve. Motion: Approve Ordinance No. 20-03-56 on final reading. The Mayor opened the floor for a public hearing and invited comments from the audience. No one spoke to the ordinance and ;-- the Mayor declared the public hearing closed. There was _no discussion and the motion carried unanimously. OMMISSIONERS M O z I O N S E c O N D Y E S N O BEAVER X X BORNO X X WATERS X MESERVE X BEAVER X BORON X X WATERS X X MESERVE X Minutes Page -7- February 24, 2003 B. Ordinance No. 90-03-179 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-03-179, REDESIGNATING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM OPEN RURAL (OR) TO CONSERVATION (CON), CONSISTENT WITH THE CONSERVATION LAND USE DESIGNATION AS ESTABLISHED BY THE FUTURE LAND USE MAP OF THE ADOPTED 2005 COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH AND CONSISTENT WITH ORDINANCE 90-01-172, WHICH ELIMINATED THE OPEN RURAL ZONING DISTRICT CLASSIFICATION AND ESTABLISHED THE CONSERVATION ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE The ordinance was read by title only by Mayor Meserve. Motion: Approve Ordinance No. 90-03-179 on final reading. The Mayor opened the floor for a public hearing and invited comments from the audience. No one spoke to the ordinance and the Mayor closed the public hearing. Mayor Meserve inquired concerning the land zoned-Open Rural adjacent to Fleet Landing and inquired how it obtained that designation. He expressed concern that the twenty-seven acres in question were in the process of being sold or developed. No one knew how or why the small parcel was designated Open Rural. Discussion ensued and Community Development Director Doerr indicated that the map in question was a map from the Comprehensive Plan and would be addressed later with zoning map revisions. There was no more discussion and the motion carried unanimously. C. Ordinance No. 90-03-180 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, TO ESTABLISH STORMWATER OFF-SITE STORAGE OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BoRrlo x x WATERS X X MESERVE X Minutes Page -8- February 24, 2003 REQUIREMENTS AND TREATMENT, FLOODPLAIN STORAGE, AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NDPES) REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Approve Ordinance No. 90-03-180 on first reading. Public Works Director Kosoy explained the stormwater drainage, storage and treatment requirements and provided calculations for on-site storage for various sized lots. He displayed various types of swales and explained their impact on different sized lots. Commissioner Beaver stated he understood the intent of the ordinance, but expressed concern that the swales would lose their long-term effectiveness if not properly maintained. He felt a maintenance requirement should be included in the ordinance, as well as a provision for enforcement. Mayor Meserve expressed concern that the requirements of the ordinance would make some lots unbuildable. Commissioner Waters believed that all lots may not be able to be graded in such a manner so they would drain to the adjacent street. Public Works Director Kosoy pointed out that the ordinance required lots to drain to an existing natural element. Commissioner Waters stated he would like the ordinance to become effective on January 1, 2004. There was no further discussion and the motion carried by a three to one vote with Commissioners Beaver and Borno and Mayor Meserve voting aye and Commissioner Waters voting nay. 8. Miscellaneous Business: 9. City Manager City Manager Hanson reported on the following items: • Reported he had received information on Comcast Cable Communications, Inc., and indicated that the City of Jacksonville had reached an agreement with the company concerning past problems with service and amendments to their franchise agreement. He indicated that the next step for the city would be to review these provisions as they would or would not apply to OMMISSIONERS M O z I O N S E c O N D Y E S N O BEAVER X X I BORNO X X WATERS X MESERVE X Minutes Page -9- February 24, 2003 the city's franchise agreement. After this was done, direct negations with the company could begin. He reported that the other beach cities had indicated a desire to work with Atlantic Beach in resolving the same issues for their cities. • Reported that the Florida League of Cities was seeking a clear statement from the Legislature concerning a recent Attorney General opinion on per diem allowances. No changes were recommended pending the statement from the Legislature. • Reported that Sandra Phillips, the tennis instructor who leases the Russell Park facilities, was trying to establish a tennis team that would be part of the Ladies Working Tennis League. • Reported that ballots for a union election would be mailed to employees by PERC on March 5`h with a return deadline of March 26`h • Reported that a Hazardous Waste Collection Day would be held on Saturday, March 22°d at the City of Jacksonville Beach Administration Building on Shetter Avenue. • Reported that the annual Greenscape Tree Sale at the beach was scheduled for Saturday, Apri15"', and as in the past, $500 was budgeted for the event. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Thought the three beach cities should hire a consultant to monitor beach renourishment projects. He also inquired if the shells that will be removed in Jacksonville Beach could be used for trails on Dutton Island. City Manager Hanson felt they might be too sharp, but stated he would look into this. Commissioner Borno • Distributed a summary report on the National Conference on Beach Preservation Technology he attended in Ponte Vedra Beach. He emphasized the need to seek State and Federal assistance for beach preservation/renourishment projects and stated that additional materials from the conference were available in the office of the City Clerk. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- February 24, 2003 Commissioner Waters • Believed the sculpture being considered by the Cultural Arts and Recreation Advisory Committee should be durable and large enough for children to climb on. He felt the city should move forward with this project. • Inquired as to the status of the proposed purchase of the Aquatic Gardens retention pond property. City Attorney Jensen stated he was waiting for a response to a letter sent to the property owner. He advised that the city could clean the pond and file a lien for costs against the property, if needed. • Stated he had read minutes from a recent Tree Board Meeting and inquired why two recent violations of the tree ordinance were not referred to the Code Enforcement Board. He was advised that one property owner had paid tree mitigation fees and the other had removed trees only from the footprint of the home and was not in violation of the tree ordinance. Mayor Meserve • Requested Chief Thompson to review the request to allow golf carts on certain designated streets in the city and report back to the Commission. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 10:10 p.m. John Meserve Attest: 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