Minutes V V
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TES OF THE REGULAR MEETING OF THE ATLANTIC E E
BEACH CITY `COMMISSION HELD IN CITY HALL, 800 SEMINOLE S s
.ROAD A'I' 7:15 P.M. ON TUESDAY, MAY 27, 2U03
PRESENT: John Meserve; Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
'Paul Parsons
Dezmond Waters, Commissioners M s
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ANI~: lames Hanson, City Manager T
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,Maureen King, City Clerk... o ` N E N
Alan C.: Jensen, City Attorney N D s o
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Mayor Meserve calledthe meeting. to order at 7:15 p.m. The Invocation
given by Commissioner Parsons was .followed by the Pledge of
Allegiance to the Flag..
1. Approval of the minutes of the Regular Commission meeting
of May 12, 2003 BEAVER x
BORNO x X
Motion: ;.Approve the minutes of the Regular.-Commission PARSONS - x x
Meeting of May 12, 2003 as presented. WATERS
MESERVE x
X
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Alan Dickinson,.owner of the NorthBeach Center under
development at 725 Atlantic Boulevard, urged the Commissioners to
.approve his request for a waiver from the sign regulations to allow an
increase in the proposed height of his freestanding sign on :Atlantic
Boulevard to twenty-.five feet and. 250. square feet of signage. Current
sign regulations limit the height to eight feet and eighty square feet in
size..
Mr. Dickinson felt his redevelopment of the old Pic `N' Save property
should be considered a special project. He believed that a larger, quality,
decorative sign was a key o the success of his project.
J.P. Marchioli of 414. Sherry Drive reiterated his position`that stop
signs placed along: Sherry Drive: would slow traffic and divert it to other
streets with signals on Atlantic Boulevard.
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May 27, 2003
r.1Vlarchioli felt it was unfair to limit citizen comments to five minutes
at the beginning. of the meeting and compared this procedure to Rule #4
in the City Charter for the .conduct of a meeting.
Bob Totter of 275 11th Street. commented on -Item 7C, the ordinance to
regulate the installation of traffic calming devices; and suggested that the
.phrase "traffic safety hazard area" be defined in the ordinance;
NIr. T®tter stated that he had visited a skate park operated by the City of
Jacksonville and noted that although rules of the park requiring safety
gear were posted, there was no.staffpresent to enforce them. He
indicated that most of the children he observed at the park were not..
wearing the required helmets and pads and only three parents were
present to supervise them. Mr. Totter suggested that the city conduct
further research before committing to building a skate park.
Mr. T®tter also commented on the following: (1) Favored the use of a
larger 25' sign for strip shopping centers or large projects (Item 8B), and
(2) Stated that the State of Florida set the rules for. "street legal" golf
carts.
Kelly 1Jrhayel, owner of-the property being redeveloped at 1487
Mayport Road, also spoke in favor of a waiver to the height limitations
found in the current sign ordinance and suggested a compromise between
the current regulations which were too restrictive to properly advertise
- the patential twenty-seven tenants on his lot with 700' of frontage:
Mrs. Erhayel stated that. she had researched the City of Boca Raton's
sign ordinance and. found they allowed exceptions under certain
circumstances.. She urged the Commissioners to reconsider their
decision relative to the height. and size of a sign allowed-for this type of
redevelopment.
.Clyde Bradley of 443 Whiting Lane expressed- concern that. the
proposed Walmart development on Mayport Road would put existing
small businesses out. of business and urged the .Commissioners to oppose.
the project..
3. Unfinished Business from Previous. Meetings
A. Citg~ 1Vlanager's follow-up report on issues from previous
meetings
City Manager Hanson reported on the. following items from his written
report:
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May 27; 2003
Term Limits
It was reported that the Code Enforcement Board, Tree Board, and
Cultural Arts and Recreation Advisory Committee. favored the proposed
term limits of four, two-year terms with a maximum of four terms (eight
years}: The CommunitybevelopmentBoord had taken no formal
action, but the Chairman of the Board, Don Wolfson, expressed- concern
that an initial two-year term was not long enough for a new member to
acquire a w®rking knowledge of the city codes and become an effective
member of the Board.
Discussion ensued following which staff was directed to prepare
ordinances setting the term limits at four two-year terms with a
maximum of four terms or eight .years far the various Boards and
Committee.-
Aggressive Solicitation Penalties
The penalties were reviewed and compared to those of other cities and
were found to be the same as those in Jacksonville Beach:
Sewer Conversion Policy
The effective expiration dates for the assessments were. reviewed and the
connection dates to the city sewer service confirmed as follows: Beach
Avenue May 2011, Ocean Grove December 2007 and Marsh Oaks
November 2012.
Dewees Avenue Widening and the Effects. on Captain Anderson's
I'roperty'on Beach Avenue
Public Works Director Kosoy reported that the street had been widened
and tested with a garbage truck to see if it could make the turn without
running over Captain Anderson's driveway. After the test, it was found
that additional widening was needed and the street design was revised on
the north side to provide an additional 1.5' of turning radius.
The City Manager's follow-up report is attached and made part of this
®fficial record as Attachment A.
B. Action on report on Sign Ordinance Amendments.
Community Development Director Doerr explained various options to
revise the sign ordinance that would provide larger signage for
commercial prof acts. A summary list of the options recommended by
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May 27, 2003
staff was distributed. to the Commissioners and is attached and made.-part
of this official record as Attachment B.
.Commissioner Beaver suggested holding a workshop meeting prior to
-the June 9, 2003 Commission Meeting to discuss the pros and cons of the
suggested revisions...
Motion: Schedule a Workshop 1VIeeting prior to the June 9,
2003 regularly scheduled Commission Meeting to discuss the
proposed revisions to the Sign Ordinance.. (It was suggested
that the proposed changes be presented in ordinance form. for
review and discussion)
There was no further discussion and the motion carried unanimously.
4: Consent Agenda
Commissioner Borno requested that Item 4A be removed from the
Consent Agenda for discussion.
B. Award annual contract for cleaning and televising sewer
linen in excess of 5,000 linear feet per callout to Equitas
Sewer Services at the rate of $1.35 per linear foot (Bid
N®. 0203-13) (City Manager)
C. Reject all bids. received and rebid the annual emergency
sewer pumping, jetting, cleaning and televising of sewers
under S,OOO linear feet per callout (bid No. 0203-15) (City
Manager)
Consent Agenda Items B and C were approved as presented.
A. Acknowledge reports for the month of April from the
Building, Code Enforcement and Public Safety
.Departments (City Manager)
Commissioner Borno requested a summary ®f the number of animal.
control, citations issued compared to those paid. City. Manager -
Manson indicated that the report would be ready by the June 9th
meeting.
Consent Agenda Item 4A was received and acknowledged as
presented.
5. Committee Reports:
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A. Cultural Arts and- Recreation Advisory Committee
Ray Coleman; Vice-Chair of the Committee, updated the
Commissioners on the following projects: (1) The sculpture for the
comer by the Fire. Department building should be installed by the .
end of July, (2) Project. Graduation held at the Navy base to provide
an alcoh®1 free evening of entertainment and food for graduating
Seniors from Fletcher High School was. a success and next year the
Committee would like_to include students from other schools, (3)
The mural being painted on the Jordan Park restroom building
should be finished by mid-June, (4). the Summer Camp sponsored by
the Recreation Department was reasonably priced at $45.00 per
session, and although the initial sign-up was slow,. it should be filled
by the beginning date, and (5) On June 22"d an Acoustic Night
w®uld be held at the Adele Grage Cultural Center from 6 - 8:04
p.m. featuring the Mike Shackelford Band:
Mr. Coleman indicated that Cultural Arts and Recreation Advisory
Committee would like funds included in the next budget for
Educational Enrichment and After School Programs with Atlantic
Beach Elementary School.
Commissioner Waters inquired if the Committee favored term limits
and Mr. Coleman responded that. everyone favored term limits
6. Action on Resolutions:
There: were no Resolutions.
7. Action mn Ordinances:
A. Ordinance Na. 95-03-84-Public Hearing & Final Reading
AN O INANCE 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. .
Motions Approve Ordinance No. 95-03-84 on .final.
reading.
Mayor Meserve-opened the floor for a public hearing: J. P.
l0'Iarcholi of 414 Sherry Drive felt solicitors should be licensed by
the city.. Na one else spoke for or against the ordinance and the
Mayor closed the public. hearing.
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Commissioner Waters inquired as to where the complaints of o N E N
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.aggressive solicitation occur. Chief Thompson explained they
occurred in public places where the elderly and young felt
intimidated by panhandlers.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 57-03-21 Introduction & First Reading,
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, REPEALING CERTAIN
SECTIONS OF CHAPTER 15, POLICE, ARTICLE II,
DISPOSITION OF CONFISCATED OR LOST
.PROPERTY, OF THE ATLANTIC BEACH. CODE OF
ORDINANCES AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserveread the. ordinance bytitle. only. Commissioner
Borno suggested that language be placed in the ordinance stating
.that Florida State Statutes would govern the disposition of
confiscated or lost property. It was decided that this could be
included in the ordinance. BEAVEx _ x
BORNO X X
Motion: Approve Ordinance No. 57-03-21 on Brst PARSONS x
reading. WATERS x x
_MESERVE X
It was announced that the public hearing and final reading would
take place June 9, 2003.
- There was no discussion and the motion carried unanimously:
C. Ordinance No. 70-03-15 Introduction & First Reading
AN ORDINANCE OF THE .CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 19,
STREETS, SIDEWALKS.-AND OTHER PUBLIC
PLACES OF THE ATLANTIC BEACH CODE OF
ORDINANCES, TO REGULATE THE
INSTALLATION OF TRAFFIC CALMING DEVICES
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the ordinance bytitle only. $EAVER x
BORNO X X
Motion: Approve Ordinance No. 70-03,15 on first PARSONS x x
reading: WATERS x
MESERVE X
It was announced that thepublic hearing and final reading would
take place June 9, 2043.
There was no discussion and the motion carved unanimously.
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May 27, 2003
8. Miscellaneous Business:
Am Action on a request to: install security gates across
unapened portions af:Tulip Streetand. West 6th Street
rights-of--way; also approval to install. a 6-ft. fence to
deter illegal access and dumping at Dagley's Salvage
Yard (Caty Manager)
Motion: Approve request to install security gates across
unopened portions of TulipStreetand West.6th Street
rights-of-way and a 6-ft. fence to deter illegal access and
dumping at Dagley's Salvage Yard. (A survey showing
the location of the. fence and. gate is attached and made part
of this official record as Attachment. C).
City Manager Hanson explained that Tulip Street was a platted,
unopened street that provided access to the. Dagley Salvage Yard.
He indicated thatthe propertyon both-sides of the street was owned
by the Dagleys. He further stated that an arrangement would be
worked out with the Dagleys far access to the property through the
locked gate, if neededby the city or the JEA. It was reported the:
Dagleys had no problem with keeping the gate locked.
Community Development Director Doerr explained that. the request
was being made to deter the illegal dumping that occurs at night
-along Tulip Street. She indicated that staff had been working with
the property owners to remove solid waste and junked vehicles
placed on city property adjacent to the right-of--way as required by
the. Florida Department of Environmental Protection. (FDEP).
Commissioner Waters inquired as to the number of past inspections
of the property. Ms. Doerr stated that Code Enforcement, he
Building Department, the FDEP and the Environmental Protection
Agency (EPA) had' inspected the property several times.:
Building Official Ford indicated that in the past; the property was
considered a minor hazardous waste. site by the EPA and the owners
had been very cooperative with the clean up.
There was no more discussion. and the motion carried unanimously.
B. Action on a request from Alan E. Dickinson for a waiver
from the sign regulations in conjunction with
redevelopment of a commercial property located at 725
Atlantic Boulevard (NorthBeach Center) (City Manager)
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Motion: Defer action on the request for a waiver from
the sign regulations to allow a 25' sign to be located. at
725 Atlantic Boulevard to the-next meeting.
Alan Dickinson requested Commission consideration. to allow fascia
signs supported on a raceway to be installed on the building: He
indicated that painted raceways-were the best option since they
.would save him from punching numerous- holes in the stucco-
covered cement bl®ck building each time a fascia sign was installed:
.Discussion of the use of raceways to support: fascia signs ensued.
Community Development Director Doerr stated as a point of
.clarification, "exposed" raceways were. not permitted under the
current ordinance: Photographs of fascia signs supported by
raceways and conventional mountings were displayed.
The Commission-directed Mr: Dickinson to-meet with Ms: Doerr
concerning fascia signs and the use of raceways.
There was no more discussion and the motion carried unanimously.
C. Approve Change Order No. 8 in the Core City
Tynprovement Project in the amount of $33,544,1.8, (City
Manager)
Moti®n: Approve Change Order No.:8 in the Core. City
- Improveanent Project in the amount of $33,544,18.
There :was no discussion and the motion carried- unanimously.
D. Authorize the Mayor to execute a contract amendment:
with. BFI (City Manager)
..Motion: Authorize the Mayor to execute a contract
amendmentwith BFI.
City Manager Hanson ekplained that signing. the .contract would
authorize the city to send payments for BFI's waste. hauling services
to Allied Receivables Funding of Deleware, a subsidiary of BFI's
parent company; Allied Waste Industries, Inc..
There was- no discussion and the motion carried unanimously.
E. Authorize the Mayor to sign State Revenue Sharing
application f®r 2003/2004 (City Manager)
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Motion: Authorize the Mayor to sign State Revenue
Sharing application for 2003/2004..
:There was no discussion and the motion carried unanimously.
F. Approve usage fees for Atlantic Beach to participate in
the new. City of Jacksonville radio .system .(City .Manager):
Motion: Approve usage fees for Atlantic Beach to
participate in the new City of Jacksonville radio system.
Commissioner Bearer inquired as to why the radios were being
replaced. Chief Thompson explained that the existing radios-were
E.F. Johnson radios and were not compatible with the radios used. by
- the other governmental agencies. Discussion of selling the old
radios ensued and' it was.. determined there would not be much
demand for them.,
Commissioner. Waters inquired as to the number of radios being
purchased. Chief Thompson indicated that radios would be installed
in patrol cars, others assigned to officers and. the remainder used as
spares.
There dvas no further discussion and the motion carried.
unanimously.
G. Authorize an increase in the Byrne Grant application by
a total of $11,400 f®r 2003/2004
Motion: Authorize an increase in the Byrne Grant
application by a total of $11;400 for 2003/2004.
City Manager Hanson stated that additional grant monies in the
amount of $3,600 had been obtained since the memo from Chief
Thompson was written,. bringing the total. amount to $135,000:
.There was no discussion. and the motion carried unanimously.
9, City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
ocean Boulevard Sidewalks.
It was reported that a Commissioner had inquired if the sidewalks.
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on the .east side of Ocean Boulevard could be widened to provide
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more room for pedestrians to move around several utility poles
located in the sidewalk. City Manager Hanson reported. there was
.adequate right-of: way to widen the sidewalks and indicated the cost
would be $8,000, but there was no money in the current budget for
he project.
Discussion ensued.. Commissioner Waters stated that if possible, he
would like the utility poles moved from the sidewalk.:
Recreational Vehicle Violations
In response to a Commissioner request for information on whether
the change in setback requirements in 2001 for boat parking had any
affect on city enforcement, it was reported there did not appear to be°
any change in the number of citations being issued following the
change.
Discussion ensued. Commissioner Waters Believed that since the
ordinance was changed. there was an increase in the number. of boats
being parked in front. yards. Commissioner Waters requested
statistics on the number of boats parked in front yards before and
after passage of the ordinance.
City 1Vlanager Hanson stated. that he would: see if it was possible to
provide the requested information.
RFP -Navy Privatization
It was reported-that the .due date for the proposal to privatize the
Navy's water. and sewer system had been changed from. June 3Td to
June 24~' and approval of the proposal would be on the next agenda.
Renaming of Church Road
City Manager Hanson provided background informatiomconcerning
the delays in the process of renaming of Church Road to Dutton
Island Road East and West. It-was reported that Jacksonville City
Council Member Warren Alvarez had requested the. city co-host a
public hearing concerning the proposed renaming of the street. It
was explained that the City of Jacksonville code required individual
n®tification ®f the affected property owners and there were 19
affected properties, 13 with buildings..
It was the consensus of the Commission to work with Council.
Member Alvarez and hold the public hearing,,
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Deed for Pocket Park. Land Located Adjacent. to the Flyover
It was reported that the deed had been received. far the land adj scent
to the flyover (on the site of the old Silver's Liquor building) and `
the city w®uld nova. proceed with development of the park.
Commissioner Beaver inquired if the Cultural-Arts and Recreation
Advisory Committee should be involved. in-its design and was
informed they were not usually involved with the design of parks.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
•®® Reported that a grant application from the.Neal Foundation.
had been received for theater lighting at the: Adele Grage
Cultural Center.-
Commissioner Barno
•®• Reported that the .Pine ,Street sign at the intersection of Pine
and Sturdivant Avenue was missing.
Commissi®ner Parsons
•®• Inquired if street signs could be installed at each beach
access. on the Oceanside. He felt it would be a helpful
location identification tool for beachgoers.
City Manager Hanson stated he would look into the request.
Commissioner Waters
•®• Commissioner Waters reported he received a call from
Jacksonville Council: Member-Elect Art Graham indicating
he opposed proposed legislation that would exempt the
Florida Department of Transportation -from local tree,
landscaping, noise, and sign ordinances. He urged the
Commissioners to support Council Member-Elect Graham
on this issue.
®:® Inquired as to how-the low bidder was determined under
Item 4C, Annual Contract for Emergency Sewer Pumping,
Jetting, Cleaning and Televising of Sewers under 5,000 Feet
found on'the Consent Agenda. Utility Darector Kaluzniak
responded that she set up a hypothetical situation and.
.plugged in the bid figures to arrive at the single day total.
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•®• Suggested the city host or co-host with Neptune. Beach. a
future monthly dinner meeting of the Northeast Florida
League of Cities.
®®• Referenced a letter from Governor Bush concerning funding
for homeland security and inquired if the city was applying
for the additional funds.: Chief Thompson stated that the city
-could not meet the deadline for applying, but was
investigating reimbursement of expenses from-elevated
security levels. He indicated they were presently seeking
funding. in the amount of $640,000 for security upgrades.
Mayor Mesea-ve
•3 Referenced a recent editorial concerning the: impact of the
construction of a Super WalMart on Mayport Road and
stated as a member of the Mayport Waterfront Partnership,
he believed he was not accurately quoted concerning the
proposed development.
He indicated that the Mayport Road Improvement
.Committee felt they were. not in a position to
recommend closing of the mobile home park to build a
WalMart in its space.. He stated that Wa1Mart officials were
in the initial phase. of a lengthy, involved process to get the
..land use and then zoning changed for the property. He
indicated that sometime during the process, the city could
make comments, but. if .would .have no direct impact on the
proposed development.
Mayor. Meserve indicated the owners of several trailer parks
on Mayport Road were willing to sell and said he ,would. like
to see affordable housing built in those areas.
There being no further discussion or business.to come before the
City,Commission, the Mayor declared the meeting;adjourned at
9:00 p.m.
John Meserve
Attest:. Mayor/Presiding Officer
Maureen King
Certified 1Vlunieipal Clerk
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