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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, APRIL 14, 2003 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Dezmond Waters, Commissioner Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by John Meserve was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of March 24, 2003 Motion: Approve the minutes of the Regular Commission Meeting of March 24, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors David Miller of Nature's Way, 226-A Roscoe Blvd. S., Ponte Vedra Beach, spoke regarding the bid for ditch spraying (Bid #0203-11), which opened on Apri12°d, 2003. He stated that he was not the lowest bidder for the ditch spraying, but he was the lowest for mosquito control and hoped the City Commission would award him that portion of the contract. A copy of Mr. Miller's comments is included as Attachment A. J.P. Marchioli of 414 Sherry Drive spoke about protecting the tree canopy and did not agree with the removal of trees on a residential lot in his neighborhood, even though a fee was paid to replace the trees. Dorothy Kerber of 365 15` Street opposed possible regulation of rental properties (8E). She did not feel inspections were necessary and thought landlord/tenant issues should be handled privately. Ms. Kerber was also v v 0 0 T T E E s s M S 0 E T C I O Y O N E N N D S O COMMISSIONERS BEAVER X BoxNO x x PARSONS X X MESERVE X Minutes Page -2- April 14, 2003 opposed to the City spending additional money for mosquito control, which is a county service. Steve McGuire of 328 10~' Street presented a neighborhood petition requesting lowering of the speed limit or installation of speed bumps on 10 Street. A copy of the petition is available in the office of the City Clerk. Mr. McGuire supported allowing Golf Carts to be operated on public streets (3B). 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. B. Review and possible action on a report on Golf Carts on public streets. Dir. Thompson reviewed his report on the research done on golf carts on public streets, a copy of which is attached and made part of this official record as Attachment C. He emphasized the safety issues that needed to be addressed, especially age requirement to drive a Golf Cart, the safety and road features needed for Golf Carts to be driven on public streets, and traffic flow issues. He suggested the Commission consider the cost factor in relation to the benefit of the community. Discussion ensued and it was decided that further reseazch should be done on this issue.. Carol Mikell of 1771 Sea Oats Drive agreed to serve on a citizens committee to study this matter further and present recommendations to the City Commission. Commissioner Beaver volunteered to serve as the Commission liaison for such a committee. 4. Consent Agenda A. Acknowledge receipt of monthly reports -Public Works and new occupational licenses (City Manager) B. Approve list of items to be declared surplus to the City of Atlantic Beach Motion: Approve. Consent Agenda Items A & B as presented. There was no discussion and the motion carried unanimously. OMMISSIONERS M 0 z I O N S E c O N D Y E S N 0 BEAVER X X BoRNO X x PARSONS X MESERVE X Minutes Page -3- April 14, 2003 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There were no Resolutions. 7. Action on Ordinances: A. Ordinance No. 90-03-181 Introduction & First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 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 Mayor Meserve read the ordinance by title only. Sonya Doerr explained that changes to the ordinance discussed at the March 24`h Workshop Meeting were included in the ordinance. Mr. Nichols, the applicant, agreed with the changes. Motion: Approve Ordinance No. 90-03-181 on first reading. There was no discussion and the motion carried unanimously. B. Ordinance No. 65-03-32 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE (City Commission) Mayor Meserve read the ordinance by title only. OMMISSIONERS M O T I O N S E C O N D Y E S N 0 BEAVER X BORNO X X PARSONS X X MESERVE X Minutes Page -4- April 14, 2003 Motion: Approve Ordinance No. 65-03-32 on final reading. Mayor Meserve opened the floor for a public hearing. J. P. Marchioli spoke in favor of the Ordinance, but he wanted to know how it would be enforced. Bob Totter of 273 11th Street spoke in favor of the Ordinance, but was concerned about grandfathering in existing obstructions. The Mayor closed the public hearing. Dir. Thompson stated that the City currently had no law addressing hazardous conditions on city rights-of--way or the removal of such hazards and that this ordinance would establish regulations, and a notification process would be set up. The motion carried unanimously. C. Ordinance No. OS-03-41 Introduction & First Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. OS-03-41 on first reading. There was no discussion and the motion carried unanimously. D. Ordinance No. 20-03-59 Introduction & First 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, 2002 AND ENDING SEPTEMBER 30, 2003 The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on first reading. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X' X PARSONS X X MESERVE X BEAVER X BoRNO x x PARSONS X X MESERVE X BEAVER X BORNO X X PARSONS X X MESERVE X Minutes Page -5- April 14, 2003 There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Appointments to Cultural Arts and Recreation Advisory Committee (2) The Mayor nominated Katherine Burgess and James B. Strutchen, Jr. for appointment to the Cultural Arts Board. The City Commission unanimously approved the appointments. B. Appointment to the Community Development Board The Mayor nominated Lynn Drysdale to fill the unexpired term of Karl Grunewald on the Community Development Board. Motion: Appoint Lynn Drysdale to the Community Development Board The motion carved unanimously. C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for afour-year term and to the Police Pension Board of Trustees for a two-year term Motion: Confirm appoint of Harry McNally to the General Employee Pension Board of Trustees fora four- year term and to the Police Pension Board of Trustees for atwo-year term. There was no discussion and the motion carried unanimously. D. Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) Community Development Director Sonya Doerr stated that she was working on the draft of the changes to Chapter 24 recommended by the Community Development Board, as listed in her report dated Apri12, 2003. A copy of the report is attached and made part of this official record as Attachment D. She proposed to have the first reading on Apri128, 2003, and final reading and public hearing on May 12, 2003. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X PARSONS X X MESERVE X X BEAVER X BORNO X PARSONS X X MESERVE X X Minutes Page -6- April 14, 2003 Following brief discussion Ms. Doerr was directed to draft the ordinance for first reading on Apri128, 2003, and final reading and public hearing on May 12, 2003. E. Discussion and related action in connection with possible regulation of rental property (Commissioner Borno) Motion: Have City Attorney provide in writing a summary of existing Florida ordinances that cover one or more areas of regulation, monitoring and inspection of rental property (over 90 days). That a written detailed recommendation be provided on how the City of Atlantic Beach can develop and pass an ordinance in the near future. That the written report be provided at the City Commission meeting of May 27, 2003. Discussion ensued and various levels of control were suggested including annual inspections of all rental properties, inspections on an as-needed basis only, or just having tenants register with the City. The City attorney pointed out that there were existing laws that provided standards for multi-unit apartment buildings. While it was felt that existing laws were probably adequate to address most health and safety concerns, the Mayor suggested that the City Commission continue discussions on this issue. There was no second and the motion failed. 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report. The report is attached and made part of this official record as Attachment E. The Commission agreed that the City should look into cost sharing with Neptune Beach for a new welcome sign. The cost estimate for construction of the sign as presented was $27,000. The City Manager suggested having a shade meeting to begin discussions regarding a contract for the white-collar bargaining group that was approved in the recent election. The Commission agreed to invite past elected officials to the annual reception for City Board and Committee members in August. OMMISSIONERS M O T I 0 N S E C O N D Y E S N 0 BEAVER BoRNO x PARSONS MESERVE Minutes Page -7- April 14, 2003 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Apologized for missing the previous meeting. • Reported he had spoken with George Maida of ABET regarding possible renovations to the theater at Adele Grage Cultural Center. He said two grants were available for such a project but ABET would have to have a 10- year lease in order to qualify for grant money. The Mayor suggested that Commissioner Beaver contact Alice Gartland to see if a grant could be obtained through Jacksonville. Commissioner Beaver will look into this matter further. Mike Borno • Stated that he wouk be speaking at the "CDBG Awareness Day at the Beach" on Wednesday, Apri123, 2003 • Suggested comparing the previous mosquito control company, Vortex, information and costs with Nature's Way and Bluewater Mayor Meserve • Reported the Sulzbacher Center was considering opening a free medical center on Mayport Road for people without health insurance • Reminded the Commission that Jacksonville Beach had agreed to donate $250,000 for the construction of a historical museum in Jacksonville Beach. He said the Beaches Area Historical Society would probably also request a contribution from Atlantic Beach for this project. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 8:40 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S N 0