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, MARCH 10, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
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 24, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of February 24, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Beach Renourishment Project Update
Kevin Bodge, the city's consultant for the project, stated that he had met
with the Corps of Engineers on Friday, March 7`h to discuss resuming the
project. He indicated that the City of Jacksonville was waiting for an
amended proposal from the Corps concerning apportionment. of the
approximately 170,000 cubic yards of available beach quality sand. Mr.
Bodge indicated he should know more about the volume of available
sand and where it would be placed by the end of the week. He further
indicated that during the meeting, the question arose as to what would
happen to any materials declined by Atlantic Beach and Jacksonville
Beach, and stated that he felt the City of Jacksonville should also decline
such material.
Mr. Bodge reported that various public and private entities were
interested in acquiring the shells and the contractor was in the process of
negotiating a price for the material. Mr. Bodge further stated that he had
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March 10, 2003
contacted the State of Florida concerning the sub-contractor's right to
sell the shells but had not received an answer.
Commissioner Parsons inquired concerning the method of distributing
available sand and Mr. Bodge explained that sand would be placed
according to the greatest need.
Sally Clemens of 1638 Park Terrace West believed the city's fee for
camping on Dutton Island should be equal to or less than the fees
charged by the City of Jacksonville. She also felt Homeowners
Associations should not be charged a $25 fee to use the Adele Grage
Cultural Center for a one or two hour meeting. Mrs. Clemens inquired
if fees would be charged for use of the skate park.
Barbara Bonner of 463 Selva Lakes Circle presented a petition
requesting that sidewalks be installed on 11 `h Street from Parkside Drive
to the ocean access on 11 `h Street.
Jim McCue of 660 Aquatic Drive stated that he was the architect for
the development taking place on the old "Fred's Saloon" property on
Mayport Road. Mr. McCue distributed a letter requesting Commission
consideration to amend the current sign ordinance to allow larger signage
for the future tenants of "Mayport Square" and copies of a site plan for
the property. A copy of the request is attached and made part of this
official record as Attachment A.
A. Representatives of the City of Jacksonville with an update on
plans for Dutton Island II -Centex Property
Alexia Graff of England, Thims and Miller, the design firm for the
park representing the City of Jacksonville Preservation Project,
presented a preliminary design plan for Dutton Island II (the property
formerly owned by Centex Homes). Ms. Graff stated that the design
would be completed by the end of the year and would consist of a canoe
tie-up, nature trails and a picnic pavilion. Ms. Graff stated that she
would provide small pictures of the preliminary design.
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, a
copy of which is attached and made part of this official record as
Attachment B.
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March 10, 2003
McDonald's Restaurant Tree Mitigation
Commissioner Waters inquired if penalties should be more severe for
violations to the city's tree ordinance and inquired concerning the
violation that occurred on the McDonald's property.
Building Official Ford explained that the action taken by the Tree Board
resulted in more trees being planted on the site, and in addition, $3,393
was paid into the tree fund by the developer.
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:
D. Acknowledge Receipt of Personal Digital Assistant (PDA)
Report (City Manager)
E. Authorize the Mayor to Sign a Letter to our State
Legislators Requesting Their Support, as Recommended
by the Florida League of Cities, for: (1) Modifications to
Existing State Mandates regarding the Heart and Lung
Disabilities for Police Officers, and (2) Not Adding the
"March 12, 1999" Date to the Current Definition of
"Extra Benefits" (City Manager)
Mayor Meserve requested that Consent Agenda Items B and C be
removed from the agenda for discussion. Commissioner Parsons
requested that Item A, the Public Works Department Monthly
Report be removed for further discussion.
Motion: Approve Consent Agenda Items D & E as
presented.
There was no discussion and the motion carried unanimously.
A. Acknowledge Receipt of the Monthly Public Works and
Occupational License Reports (City Manager)
Commissioner Parsons inquired as to why the Sherry Drive Project
was listed in the Public Works Monthly Report as being 100%
complete when another layer of asphalt was required to complete
the project.
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March 10, 2003
Public Works Director Kosoy explained that Callaway Construction
had completed their part of the project.
B. Authorize staff to negotiate a contract with VIA
Concepts for the design of a 6,000 sq. ft. skate park
facility pursuant to the specifications of RFP No. 0203-3;
in the event a satisfactory agreement cannot be reached,
authorize staff to negotiate with Godard Design
Associates, Inc. (City Manager)
Parks and Recreation Director Johnson explained the evaluation and
ranking procedure used when considering each firm. He pointed
out that the top ranked firm, VIA Concepts, had put together a team
comprised of skate park experts and the engineering firm of
McVeigh and Mangum Engineering, a firm that has designed many
recreational facilities.
Commissioner Waters stated that he was opposed to any
consideration of the third ranked company because it builds with
metal, which he felt would be too noisy in a residential area.
Motion: Authorize staff to negotiate a contract with VIA
Concepts for the design of a 6,000 sq. ft. skate park
facility pursuant to the specifications of RFP No. 0203-3;
in the event a satisfactory agreement cannot be reached,
authorize staff to negotiate with Godard Design
Associates, Inc.
There was no discussion and the motion carried unanimously.
C. Acknowledge receipt of Public Safety Annual Report
(City Manager)
Public Safety Director Thompson presented the Public Safety
Department Annual Report. He indicated that the total number of
crimes had decreased 9.4% in 2002, violent crimes had increased
17% and the overall crime rate of 40.65 per 1,000 reflected the
lower number of crimes reported in 2002.
Public Safety Director Thompson stated that the number of uniform
traffic citations and arrests decreased in 2002 due to loss of
personnel. Statistical information was provided concerning Fire
and Rescue, Lifeguards, Code Enforcement and Animal Control.
The Annual Report is attached and made part of this official record
as Attachment C.
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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. 90-03-180 First Reading and Public
Hearing (*Ordinance was revised and was being
reintroduced for 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
REQUIREMENTS AND TREATMENT, FLOODPLAIN
STORAGE, AND NATIONAL POLLUTANT
DISCHARGE ELIMIN~.TION SYSTEM (NDPES)
REQUIREMENTS, AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 90-03-180 on first
reading.
Mayor Meserve explained that the ordinance had been amended
since the previous meeting and was before the City Commission
again for a first reading. City Manager Hanson explained the
changes, which included a waiver provision for surveys in Section
24-67(d) 1 and an enforcement clause for maintenance under Item 6.
Mayor Meserve announced that the Public Hearing and Final
Reading of the Ordinance would take place on March 24th
There was no discussion and the motion carried unanimously.
B. Ordinance No. 20-03-58 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,
2003
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Mayor Meserve read the ordinance by title only and announced that
the public hearing would be held March 24, 2003.
Motion: Approve Ordinance No. 20-03-58 on first
reading.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 90-03-181 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE N0.90-03-181 REZONING
LANDS AS DESCRIBED HEREINAFTER TO PUD
(PLANNED UNIT DEVELOPMENT); PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE (City Manager)
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 90-03-181 on first
reading.
Commissioner Waters believed a workshop should be held to
discuss private roads, density and the request to put garage
apartments (family suites) on all of the lots in the development. He
expressed concern about allowing the construction of garage
apartments on all of the lots since the city had been trying to limit
garage apartments. He also expressed concern that sometime in the
future the city would be asked to take over the private streets of the
development.
Motion: Defer consideration of the PUD to a workshop
meeting where this matter can be discussed in more
detail.
Mayor Meserve believed the ordinance should be continued to the
second reading and the process could be halted at that time, if
necessary. He further stated that the Commission had a
recommendation from the Community Development Board and any
questions could be answered at the public hearing.
Don Wolfson, Chair of the Community Development Board, stated
that he believed a communication error was made relative to the
recommendations made by the Community Development Board and
what was communicated to the Commission regarding "family
suites."
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Mr. Wolfson read the following paragraph from Community
Development Director Doerr's staff report dated March 3, 2003:
"Uses are limited to single-family residential, home occupations in
accordance with such provisions of the Land Development
Regulations, and typical accessory structures. The application also
requests approval of "family suites" that would be constructed in
association with detached garages, similar to garage apartments as
addressed in Section 24-88. (The application provides for the same
restrictions as in Section 24-88, except that the PUD expressly limits
these to occupancy by family members only and no lease or rental
of such suites)."
Discussion ensued and Mr. Wolfson expressed concerns regarding
the number of lots that would be considered double frontage lots
(through lots) on which family suites (garage apartments) could be
built. Mr. Wolfson supported Commissioner Waters' suggestion to
discuss the matter fully in a workshop.
Mayor Meserve believed this to be a zoning issue that had nothing
to do with the PUD and said he needed to see what was voted on by
the Community Development Board.
City Attorney Jensen inquired if Exhibit B attached to the ordinance
was the same as that presented to the Community Development
Board. Ms. Doerr stated it was the same document except for the
changes made by the Community Development Board.
City Attorney Jensen asked if the language describing family suites
in the Commission's document was the same language presented to
the Community Development Board. Ms. Doerr confirmed that the
language in the text was the same in both documents. City Attorney
Jensen further stated that he did not want the Commission to get the
impression that something was changed between the two meetings
other than what was requested by the Community Development
Board. He further stated that the language describing family suites
in this PUD was contained in Exhibit B and the language contained
in Section 24-88 did not apply because the request was not under
that Section, but was made under the PUD. Ms. Doerr explained
that the developer was asking for family suites for a limited number
of lots that allowed detached garages.
Paul Nichols, the developer of Paradise Preserve, explained his
vision for the gated community and the work of his designers to
come up with innovative designs for the homes. He indicated that
detached garages with family suites would be built on the larger
lots. He further stated that he did not. intend to build detached
garages on every lot and had said so at the Community
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March 10, 2003
Development Board meeting. Mr. Nicholson indicated that he
would be willing to restrict the number of lots having detached
garages with family suites to 25-30%.
A workshop meeting was tentatively scheduled for 5:00 p.m. on
March 24tH
There was no further discussion and the motion to defer carried
unanimously.
D. Ordinance No. 60-03-13 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING ORDINANCE NO.
60-03-13, WHICH SHALL AMEND CHAPTER 17 OF
THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, AS PREVIOUSLY
ADOPTED THROUGH ORDINANCE NO. 60-02-12,
TO ADD NEW SECTION 14, PARAGRAPH (5),
PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only and announced that the
public hearing would be held March 24, 2003.
Motion: Approve Ordinance No. 60-03-13 on first
reading.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Action on staff recommendation regarding Relocation,
Installation and Coating of Elevated Storage Tank at
Water Plant No. 2, pursuant to the specifications of Bid
No. 0203-02 Rebid (City Manager)
Utility Director Kaluzniak reported that circumstances had changed
and it was now her recommendation that the city move forward
with, relocating and installing the tank.
Ms. Kaluzniak reported that the city would not get a lower price for
a comparable tank, and the tank would improve the city's water
storage capabilities during storms and power outages. She also felt
the additional capacity would improve the city's ISO rating.
Utility Director Kaluzniak requested authorization for relocation,
installation and coating of the elevated storage tank at Water Plan
No. 2 as follows: (1) Award bid to Gruhn May for the relocation,
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installation and coating of the tank in the amount of $337,700, (2)
authorize the city's existing annual contractors to complete the yard
piping as follows: Gruhn May, Inc. -yard piping in the amount of
$26,830 and Brooks and Limbaugh Electrical Contractors in the
amount of $10,000, and (3) authorize Howey Green Tank
Inspections to perform the construction engineering and inspection
work in the amount of $16,850 from funds already budgeted.
Commissioner inquired as to what projects would be postponed to
fund the project. Ms. Kaluzniak reported that the following projects
would be rescheduled or eliminated: (1) Rehabilitation of the
ground storage tanks at Water Plant 3 previously scheduled for next
year but had a three year leeway and would be rescheduled in two
years, (2) A watermain replacement in the Mayport Road/
Wonderwood area was studied and it was determined that for the
cost of $140,000, the flow rate would not increase significantly, and
was eliminated, and (3) sewer rehabilitation projects in the amount
of $200,000 for Mini System B and for a sewer line going across
Mayport Road were postponed.
Motion: (1) Award bid to Gruhn May for the relocation,
installation and coating of the tank in the amount of
$337,700, (2) accept staff recommendation and authorize
the city's existing annual contractors to complete yard
piping, electrical and construction engineering and
inspections. (Gruhn May, Inc. -yard piping in the amount
of $26,830 and Brooks and Limbaugh Electrical Contractors
in the amount of $10,000, and (3) authorize Howey Green
Tank Inspections to perform the construction engineering
and inspection work in the amount of $16,850 from funds
already budgeted).
There was no more discussion and the motion carried unanimously.
B. Action on Recommendations of the Recreation and
Cultural Arts Advisory Committee:
1. Fees and Charges: No charges be levied for building
use for City events and advertised events that are
open to the public, and charges for Atlantic Beach
homeowners' associations be $25 with a $50 deposit.
2. Sculpture: Purchase and installation of a concrete
sculpture near the Police station at a cost of $5,000
3. Beaches Project Graduation: Support the 2003
Graduation Celebration Program in the amount of
$1,000
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Motion: Accept recommendations of the Recreation and
Cultural Arts Advisory Committee as written.
Discussion ensued and Commissioner Waters requested an
additional $1,000 be donated to the Graduation Celebration. Nancy
DeCandis explained the event and stated that an additional $5,000
was needed to put on the program.
Following further discussion it was the consensus of the
Commission to increase the donation to Project Graduation to
$1,500.
Amendment to the motion: Accept recommendations of
the Recreation and Cultural Arts Advisory Committee as
written, with an exception that the donation to Project
Graduation be increased to $1,500.
There was no further discussion and the amendment to the motion
and motion carried unanimously.
C. Review suggested language relative to "Aggressive
Solicitation" and authorize staff to draft an Ordinance
for adoption into Chapter 13 of the City Code (City
Manager)
City Manager Hanson explained the purpose and intent of including
language in Chapter 13 Offenses of the City Code to prohibit
aggressive solicitation.
Discussion of the ATM and penalty sections of the proposed
ordinance ensued. By consensus the Commission directed staff to
draft an ordinance prohibiting aggressive solicitation to be included
in Chapter 13 of the City Code.
Political Candidates
Mayor Meserve recognized Art Graham and Holly Kartsonis,
Candidates for Jacksonville District 13 Council seat.
9. City Manager
City Manager Hanson reported on the following items:
Hopkins Creek Retention Pond Land Purchase
City Manager Hanson reported he had contacted the owners of two
parcels of property close to Aquatic Drive for the purpose of
acquiring land for stormwater retention and had determined that, at
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$2 million, one parcel was too expensive. He felt the second parcel,
which is owned by Sunrise Community Church, would be beneficial
to the city. He further reported that the church
owned l0 acres near the Aquatic Gardens Retention Pond and
would be willing to work with the city concerning purchasing part
of the property if enough land was left for expansion of the church.
City Manager Hanson indicated that if the city decided to purchase
the property, a survey and appraisal would be needed, as well as a
conceptual layout of the pond.
City Manager Hanson stated that he would like to issue a RFP for
one firm to work with the church through the design and permitting
stage of the project.
After a brief discussion, the Commission concurred with the City
Manager and agreed to move forward with the RFP.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Waters
• Reported that Mr. Olson loved the palm trees planted on .East
Coast Drive and thanked the Parks and Recreation staff for their
work planting trees to replace those missing from the original
palm colonnade.
• Suggested the use of portable "No Parking" signs to reserve
spaces for Commission Meetings.
• Stated he enjoyed this year's Strategic Planning Meetings and
requested clarification on the strategic issues. The City Manager
stated he would prepare a report and Commissioners would have
an opportunity to provide further input.
Commissioner Parsons
• Stated he would like to see more art and sculpture located
throughout the city and provided illustrations of sculptures from a
city he visited in Colorado.
• Suggested that consideration be given to establishing term limits
for all boards and committees serving the city.
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Commissioner Borno
• Stated that with warmer weather, the city was entering the
mosquito breeding season and he would like the city to be pro-
active to take steps to eradicate the problem.
Mayor Meserve
• Reported that the Jacksonville Transportation Authority (JTA)
was working on the retention pond by the Best Western Motel on
Mayport Road and may periodically close one lane of traffic,
which was a concern since traffic problems from the Kennedy
maintenance project were on-going.
• Felt the strategic planning sessions were very worthwhile and the
city should stick to its long-range plans.
Commissioner Beaver
• Suggested placing an article in the city newsletter concerning
mosquito prevention.
• Commended staff for the good strategic planning sessions.
• Noted that over the rainy weekend, the city's new stormwater
drainage system worked just as it was designed.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at
9:25 p.m.
Attest:
John Meserve
Mayor/Presiding Officer
Maureen King
Certified Municipal Clerk
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