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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, MAY 12, 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 Apri128, 2003 Motion: Approve the minutes of the Regular Commission Meeting of Apri128, 2003 as presented. The motion carried unanimously. Commissioner Beaver entered the meeting at 7:20 p.m. 2. Courtesy of the Floor to Visitors A. Presentation of a Proclamation declaring the Week of May 18-24, 2003 as Public Works Week in Atlantic Beach Mayor Meserve read the proclamation in its entirety and presented the document to Public Works Director Kosoy for display at the Public Works building. Public Works Director Kosoy thanked the Mayor and stated that the proclamation was dedicated to Troy Williams, athirty-three year employee of the department who passed away recently. James McCue of 420 South Third Street, Jacksonville Beach, Kelly Erhayel, owner of the 1487 Mayport Road property, and Randy Ginzig, owner of Beach Neon and Sign Company located in Atlantic v v 0 0 T T E E s S M S O E T C I O Y 0 N E N N D S O COMMISSIONERS BoRNO x x PARSONS X WATERS X X MESERVE X Minutes Page -2- May 12, 2003 Beach, addressed the City Commission regarding the waiver to the sign ordinance requested by the developer of property located at 1487 Mayport Road (Item 8C). They felt the city's sign ordinance limiting the height of signs to 8 feet, was too restrictive to properly advertise the potential twenty-seven tenants on a lot with 700' of frontage. They urged the City Commission to approve the installation of the requested 30-ft. sign. A drawing of the proposed sign was displayed. Bob Totter of 275 11th Street commented on the following: (1) Opposed additional trash pick proposed in Item 8A, (2) Supported approval of the larger sign requested in Item 8C, and (3) Believed the city should not increase its water and sewer rates to pay the franchise fee imposed by the City of Jacksonville. He felt the citizens of Atlantic Beach would be better served if the millage rate was increased by one mill to cover increased costs. Alan Potter of 374 Second Street stated that he was opposed to the city's proposed water rate restructuring and reiterated his previous position that the St. Johns River Water Management District (SJRWMD) had no authority to make the city adopt water conservation rates. Mr. Potter believed the Aquatic Gardens drainage problem would not be resolved by constructing retention ponds. He felt a larger culvert installed at the Publix Shopping Center would solve the problems since the existing culvert was too small and installed at too high of an elevation. Sally Clemens of 1638 Park Terrace West spoke in opposition to the following: (1) City inspections of rental properties, (2) The use of golf carts on city streets, (3) ABET's request for a ten year lease agreement to use the Adele Grage Cultural Center, and (4) Additional trash collection. J.P. Marchioli of 414 Sherry Drive commented on the following: (1) Speeding on Sherry Drive and suggested the installation of a traffic light at Sherry Drive and Atlantic Boulevard, (2) Agreed with the comments made by Messrs. Totter and Potter, (3) Opposed additional trash collection, (4) Believed the sign (Item 8C) should have legible street address numbers to make finding the businesses easier, and (5) Favored the placement of speed bumps on 10th Street if they were the same size as those on Plaza. Dorothy Kerber of 365 Second Street commented on the following: (1) Felt a second trash pick up was unnecessary, (2) Also favored an increased millage rate to cover the costs for water/sewer service, and (3) Stated she liked the language of an ordinance being proposed in Neptune Beach which provided for the eviction of tenants due to noise complaints. OMMISSIONERS M O T I O N S E c O N D Y E S N O Minutes Page -3- May 12, 2003 Don Remley of 1309 Violet Street felt the problem concerning trash pick up would be resolved if the residents were better informed regarding the pick up schedule. 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report on issues from previous meetings In addition to his written report, which is attached and made part of this official record as Attachment A, City Manager Hanson reported on the following items: Fence at 1605 Beach Avenue It was reported that the fence shown as an illustration during a presentation at the previous meeting was properly permitted and installed. Public Input Article for the Tideviews Newsletter City Manager Hanson reported that as requested during the previous meeting, he had written an article for the newsletter concerning public input at Commission Meetings and included it with his report. Ocean Boulevard Waterline Installation and Compaction It was reported that the waterline compaction on Ocean Boulevard had passed inspection with a 98 - 100% compaction rate. 4. Consent Agenda A. Acknowledge receipt of the following reports for the month of May: Public Works project status report, new Occupational Licenses and Utility Sales (City Manager) Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Public Hearing and Adoption of Resolution No. 03-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF 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 WATERS X MESERVE X Minutes Page -4- May 12, 2003 JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the resolution by title only. Motion: Approve Resolution No. 03-04. Mayor Mesere opened the floor for a public hearing. J.P. Marchioli of 414 Sherry Drive felt the resolution was ineffectual and opposed its approval. No one else spoke and the Mayor closed the public hearing. Commissioner Waters referenced Page 5 of the Resolution and commented that the City of Pembroke Pines, with their Joint Planning Committee, had successfully built a charter school. There was no discussion and the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 90-03-182 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance, and the Mayor closed the public hearing. Commissioner Waters commented that he was not in favor of Planned Unit Developments (PUD's). He referenced Section 24- 222 of the ordinance and inquired as to how a PUD met the requirements of the Subdivision Regulations. Community Development Director Doerr stated that it must meet the requirements for streets, rights-of--way, and platting. She pointed OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER BORNO PARSONS WATERS MESERVE BEAVER BORNO PARSONS WATERS MESERVE Minutes Page -5- May 12, 2003 out that Planned Unit Developments were regulated under Article III, Division 6 of Chapter 24. Commissioner Borno inquired if the changes addressed the splitting of existing lots by property owners. Ms. Doerr stated that this issue was addressed and she explained the replatting requirements. She said the local realtors and title attorneys would be notified of the change. There was no further discussion and the motion carved unanimously. B. Ordinance No. 95-03-84 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN EFFCTIVE DATE Mayor Meserve read the ordinance by title only and stated that the public hearing and final reading would be held on May 27, 2003. Motion: Approve Ordinance No. 95-03-84 on first reading. Commissioner Borno inquired if the penalties were strong enough to be a deterrent for this type of offense. Chief Thompson pointed out that in addition to fines, the ordinance provided for imprisonment. He indicated he would check with the other beach cities concerning their penalties. Mayor Meserve inquired if the Homeless Coalition had reviewed the ordinance. Chief Thompson indicated that they had no problem with the ordinance since panhandlers were not always homeless people: Discussion of the enforcement procedure of the ordinance ensued. There was no more discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Discussion and possible action regarding twice-per-week trash collection (Commissioner Parsons) Commissioner Parsons explained his reasons for requesting the additional service. OMMISSIONERS M O z I O N S E c O N D Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -6- May 12, 2003 Motion: Begin working with BFI toward twice a week pick up of yard trash five months of the year. (The five busiest months of the year were determined to be March, April, May, September and October). The pros and cons of twice a week pick up were discussed. Commissioner Borno believed it was the residents' responsibility to educate themselves concerning the schedule and the quantity of yard trash that would be picked up by the City's contractor. Commissioners Borno and Beaver and Mayor Meserve felt the current level of service met the needs of the community. Commissioner Waters complimented BFI for the good service they provide to the city. Commissioner Parsons suggested that the citizens be reminded of the yard trash pick up schedule and the proper placement of trash for pick up. There was no further discussion and the motion failed by a two to three vote with Commissioners Parsons and Waters voting aye and Commissioners Beaver and Borno and Mayor Meserve voting nay. B. Discussion and possible action regarding inspection of rental properties (Commissioner Waters) Motion: Task the City Attorney to provide in writing a summary of existing Florida ordinances that cover one or more of the areas of regulation, monitoring, and inspection of rental properties; and let him make the Commission aware of the least intrusive way to proceed; and then present the Commission with a detailed plan with which to create a legal, stand-up-in-court ordinance that speaks one, to the general welfare of the city and its neighborhoods, and two, to the safety and well being of those Atlantic Beach residents who rent. It is requested that the written report with recommendations be provided to the Commission by the August 25th Commission Meeting. Commissioner Waters recounted a fire that occurred at 16th Street and Beach Avenue, which was caused by improper wiring that had been installed by the homeowner. Commissioner Waters stated he would like to make rental properties safe and well maintained for everyone. 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 WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -7- May 12, 2003 Curtis Sanders, Chair of the Code Enforcement Board, distributed copies of information concerning deficiencies of twelve rental units located in the city, and provided census demographics concerning the total number of rental units in the city. Mr. Sanders urged the City Commission to implement a program to inspect rental properties and indicated that eleven cities and one county in Florida have such programs. Commissioner Beaver stated that he would favor beginning the process with a plan that would not be too intrusive. Mayor Meserve stated he opposed this type of regulation and inquired as to the goal of the ordinance. Commissioner Parsons stated that he could not support this type of regulation since it would be too costly for the city to enforce. Building Official Don Ford stated that current laws would provide for inspection of rental properties under certain conditions, but he said the City did not have enough personnel to perform the inspections. There was no further discussion and the motion carried by a four to one vote with Commissioners Beaver, Borno and Waters and Mayor Meserve voting aye and Commissioner Parsons voting nay. C. Action on a request from B & K Property Management and Development, Inc. for a waiver from the sign regulations in conjunction with redevelopment of a commercial property, generally located at 1487 Mayport Road (City Manager) Motion: Deny waiver request fora 30' sign to be~located at 1487 Mayport Road. Community Development Director Doerr explained that even though the property had three separate addresses, it was considered one development parcel and the sign ordinance limited the project to one freestanding sign fronting Mayport Road that would not exceed eighty square feet and eight feet in height. Mayor Meserve expressed concern that the businesses to be located on the property would have no exposure with one eight-foot sign and would be doomed to failure. He inquired as to what could be done to resolve the problem. Commissioner Beaver stated that the thirty-foot height of the requested sign was five feet taller than what was allowed under the OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -8- May 12, 2003 old sign ordinance and he would never favor an increase above twenty-five feet. He further stated that if the Commissioners felt the current ordinance was too restrictive, they should consider revising the ordinance at a workshop, not granting variances as requested. Commissioners Waters and Parsons agreed with Commissioner Beaver. Discussion ensued and it was the consensus of the Commissioners that the ordinance should be revisited to discuss special circumstances that might merit a sign taller than eight feet. There was no more discussion and the motion carried unanimously. D. Authorize the Mayor to sign all associated paperwork for the application and administration of the 2003/04 Atlantic Beach share of the Edward Byrne Grant and Local Law Enforcement Assistance Formula Grant (City Manager) Motion: Authorize the Mayor to sign all associated paperwork for the application and administration of the 2003/04 Atlantic Beach share of the Edward Byrne Grant and Local Law Enforcement Assistance Formula Grant. There was no discussion and the motion carried unanimously. E. Discussion and possible action on a petition for construction of speed bumps on 10th Street (City Manager) City Manager Hanson explained that the Police Department reported that during a traffic survey conducted over an 11-day period, no vehicles had exceeded 15 m.p.h. in the posted 20 m.p.h. speed zone on 10th Street between Seminole Road and East Coast Drive. He, therefore, thought speed bumps were not warranted at this time. Mayor Meserve suggested that a resolution be drafted stating that the Commission would take no action on the installation of traffic calming devices; such as speed bumps or stop signs, until the Atlantic Beach Police and/or the Public Safety Official conducts proper research and declares the area a "Traffic Safety Hazard Area" where such devices could be expected to correct the situation. Motion: Draft a resolution stating that the City Commission will take no action on the installation of traffic calming devices; such as speed bumps or stop signs, until the Atlantic Beach Police and/or the Public Safety Official conducts proper research and declares the 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 WATERS X X MESERVE X BEAVER X BoRNO x x PARSONS X WATERS X X MESERVE X Minutes Page -9- May 12, 2003 area a "Traffic Safety Hazard Area" where such device(s) could be expected to correct the situation. Discussion ensued and it was the consensus of the Commission that passage of an ordinance would be more permanent. Amendment to the motion: Change resolution to ordinance. Commissioner Beaver urged the citizens to be patient until normal traffic patterns resume after completion of the Core City Project. There was no further discussion and the motion carried unanimously. F. Action on the recommendations of the Police Department regarding the disposition of property (City Manager) Motion: Approve recommendations of the Police Department to repeal Sections 15-16, 15-17,15-19, 15-20, 15-21, and 15-22 of the City Code. (A copy of the memo listing the sections of the City Code to be repealed is attached and made part of this official record as Attachment B). Chief Thompson explained that repealing these sections would eliminate problems created by the language in the City Code and allow the prevailing State law to preserve the integrity of the property disposition process. Commissioner Waters suggested that a statement be placed in Section 15 of the code indicating that Florida State Statutes would prevail. There was no further discussion and the motion carried unanimously. G. Approve Change Order No. 1 for the Church Road roadway and water improvements project in the amount of $11,816.00 (City Manager) Motion: Approve Change Order No. 1 for the Church Road roadway and water improvements project in the amount of $11,816.00. City Manager Hanson explained that during completion of the paving of Church Road (now called Dutton Island Road West) it was learned that a developer was interested in building on four lots on the south side of the road. It was then determined that it would 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 WATERS X X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -10- May 12, 2003 be cost effective to install sewer laterals under the roadway at this time so the new pavement would not have to be disturbed when the future sewer line is installed for the development. The motion carried unanimously. H. Approve Change Order No. 1 in the Dewees/Coquina/ShelVCora1 drainage and paving project in the amount of $12,417.29 (City Manager) Motion: Approve Change Order No. 1 in the Dewees/Coquina/ShelUCoral drainage and paving project in the amount of $12,417.29. Mayor Meserve requested that staff report back as to whether or not the widening of Dewees Avenue eliminated the problem experienced by Paul Anderson at 1643 Beach Avenue. There was no discussion and the motion carved unanimously. 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: • Provided a status report on septic tank conversions to city sewer service and stated he would confirm the data concerning the deadline for conversions at the next meeting. • Reported the city had received formal notification from the Department of Community Affairs that the revised Evaluation and Appraisal Report (EAR) was determined to be sufficient and the city could proceed with revisions to the Comprehensive Plan. • Reported a meeting to receive public input on the design of the proposed skate park would be held in the Commission Chambers at 6:00 p.m. on Wednesday, May 14, 2003. • Indicated that the artesian well feeding the pond in Howell Park was plugged to meet the requirements of the SJRWMD for permitting. He indicated that the pond in the park was drying up and nearby residents were complaining that it was becoming a muddy, breeding ground for mosquitoes. Following a review of the options suggested by the City Manager to resolve the problem, the Mayor suggested using OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -11- May 12, 2003 the Menzie Muck to deepen the pond, use the dirt from the pond to repair the outside of the pond walls to stop leaks, and install a shallow well to keep the pond from becoming stagnant. Discussion ensued and the Commissioners agreed with the Mayor's suggestions. • Utility Director Donna Kaluzniak reported concerning approved levels of copper in effluent discharged from the city's outfalls into the river. She indicated that as part of the requirements to permit the operation of the city's sewage treatment plants, the city must meet the approved criteria for levels of copper. Mrs. Kaluzniak indicated she would be preparing a request for proposals (RFP) for engineering services required to accomplish the preparation of an effluent copper mixing zone study to be submitted to the Florida Department of Environmental Protection. She indicated that the study would cost approximately $60,000 with the City of Neptune Beach sharing the cost. • Chief Thompson provided background information and reported that the city's lifeguards would be filmed by MTV testing a student who wants to be a lifeguard and is participating in an MTV production of "MADE". There were no Commission objections to the lifeguards' participation in the program. • Recreation Director Timmy Johnson displayed asmall-scale copy of the mural proposed by the Cultural Arts and Recreation Advisory Committee to be painted on the Jordan Park restroom building. The Commissioners concurred with the proposal. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Jensen City Attorney Jensen stated that under the terms of the city's franchise agreement with the Jacksonville Electric Authority (JEA), the JEA was responsible to pay 100% for damage caused to city property by their subcontractors. In 2001 a JEA subcontractor caused $45,000 worth of damage to a city waterline and while this matter has been settled, the JEA was again taking the position they would not be responsible for damages OMMISSIONERS M O T I O N S E c O N D Y E S N O Minutes Page -12- May 12, 2003 caused by their subcontractors. Following discussion, it was decided that if this remains their position, the City of Atlantic Beach would require subcontractors to be bonded, have proper licensing and insurance and obtain permits for their projects. The City Attorney indicated he would continue to work with the JEA on this matter. Commissioner Beaver • Reported that he had received information from Alice Gartland, a former member of the Cultural Arts and Recreation Advisory Committee, that it was too late for ABET to apply for a grant to renovate the theater portion of the Adele Grage Cultural Center. He provided the grant information to the City Manager and stated that he had offered the expertise of the city's grant people to help ABET with the application process. Commissioner Borno • Inquired as to the status of the Town Center drainage project and was informed that plans were expected to be completed within the next few weeks. It was reported that a baffle box would be installed on the Neptune Beach side with maintenance costs to be shared by both cities. Commissioner Parsons • Reported that he had learned that emergency funding maybe available for beach renourishment and stated he would follow up on this matter and contact Kevin Bodge to see if he was aware of any such funding. • Thanked the Recreation Department for their assistance with the recent volleyball tournament featuring the Jacksonville Jaguars Roar Cheerleaders. • Inquired concerning his request for increased penalties for owners who allow their dogs to run unleashed on the beach. City Manager Hanson stated he would have the report completed shortly. Commissioner Waters • Inquired as to the status of the Atlantic Beach/Neptune Beach Welcome sign. City Manager Hanson stated the City of Neptune Beach officials agreed to the idea of having a joint sign, but did not care for the conceptual design of the OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -13- May 12, 2003 sign. He further reported that each city agreed to share the cost of the sign and it would be included in next year's budget. • Inquired concerning the water usage schedule in the April Utility Report. City Manager Hanson explained the effects of the meter reading schedule on the report and the use of a rolling average to determine usage. • Inquired concerning the posting of addresses on property and City Manager Hanson stated addresses were required to be posted on signs. • Inquired concerning the comments made earlier by Alan Potter about widening the Publix culvert. City Manager Hanson indicated the culvert was narrow and there was no room for expansion at that site. Mayor Meserve • Reported that the Mayport Road Study was on-going and recommendations had been made concerning traffic, bicycle paths, public safety and other issues. He indicated good things were coming for the area. • Reported that representatives from the Mayport Waterfront Partnership would be meeting with officials from Wa1Mart at 8:00 a.m. on Wednesday morning to discuss plans for a Wa1Mart Super Store to be located at the site of the Buccaneer Trailer Park. • Reported that Mayor Delaney planned to issue an executive order before he left office to guarantee funding for beach renourishment in 2005. • Recognized Jacksonville District 13 City Council Member Elect, Art Graham, who was in the audience. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 10:10 p.m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O T I O N S E C O N D Y E S N O