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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 TUESDAY, JUNE 23, 2003 PRESENT: Jolm Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Pazsons 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 the Commissioner Parsons, was followed by the Pledge of Allegiance to the Flag. Approval of the minutes of the Regular Commission meeting of June 9, 2003 Commissioner Boma requested that the minutes be amended to change paragraph five on page 9 to include the following: "Commissioner Bomo agreed, and felt that if the city had the right on-site manager/engineer and the Navy utility system was operated as a separate unit, with accountability to the city financially with receipts and disbursements, the city could walk away if it would cost too much." Motion: Approve the minutes of the Regular Commission Meeting of June 9, 2003 as amended. The motion carried unanimously. 2. Courtesy of the Floor to Visitors Bob Totter of 275 l lt~ Street reiterated his previous request for information concerning the city's operation of a skateboazd park. He felt the city should conduct demographic reseazch and have a plan for its operation before committing to build the skate park. Ruth and Kelly Wilson of 615 Atlantic Boulevard stated they were requesting a variance to the setback requirement to allow aneight-foot sign to be installed at Wilson & Wilson Optical on the site of the current sign. A picture of the proposed sign was displayed. V V' O O T T E E s s M S O E T C I O Y 0 N E N N D S O COMMISSIONERS BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -2- June 23, 2003 City Manager Hanson noted that the sign would be located tight on the edge of the sidewalk and expressed concern for the safety of those using the sidewalk. He felt a one or two-foot setback would be better. Mrs. Wilson noted that other signs in the area were located as close to the sidewalk as her proposed sign and felt safety should not be an issue in her case. Commissioner Beaver requested that the item be placed on the agenda for the next meeting with specific information concerning the request, including a staff report. Commissioner Waters suggested that the city consider moving the sidewalk in this azea. 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report on issues from previous meetings City Manager Hanson reported on each item of his written report. The City Manager's follow-up report is attached and made part of this official record as Attachment A. Traffic Study on 10~h Street It was reported that the speed and traffic counting equipment had been vandalized twice, and the city would repair the equipment for a third time in a fmal attempt to recheck the findings of the initial survey. Rezoning/Redevelopment on Mayport Road Resolution to the City of Jacksonville Council City Manager Hanson reported that the Commission's request to prepaze a Resolution to the City of Jacksonville Council to express concern with. the proposed land use change and rezoning of property on Mayport Road had become a moot point since the Jacksonville City Council voted against supporting the land use amendment to the Comprehensive Plan requested by Wa1Mart. He pointed out that other issues raised by the Wa1Mart request would probably come up again as other lazge redevelopment projects are proposed for Mayport Road within Jacksonville's city limits. Community Development Director Doerr explained that the WalMart request was a land use change amendment to the Tacksonville Comprehensive Plan and not a rezoning issue at this time. She indicated that Chapter 163 of the Florida Statutes outlined the procedure to be OMMISSIONERS M O T I 0 N 5 E c O N D Y E S I N O Minutes Page -3- June 23, 2003 followed and the City of Jacksonville had provided the. City of Atlantic Beach with proper notice as an adjoining municipality and property owner. Commissioner Waters requested that afollow-up letter be sent to the City of Jacksonville Council thanking them for stopping this issue early on and request that the City of Jacksonville consider lowering the density along Mayport Road to medium density residential. It was the consensus of the Commission to send the letter to the City of Jacksonville. Beach Signs City Manager Hanson reported that the "Keep Off the Dunes" signs had been removed from the top of the dunes. Public Works Director Kosoy displayed pictures illustrating what the city's trash cans located at the end of each beach access would look like if the street names and the "Keep Off the Dunes" signs were attached to the trash cans. It was the consensus of the Commission to place the "Keep Off the Dunes" on the trash cans and also to paint the street names on all of the cans as illustrated. B. Action on Golf Cart Recommendation Chief Thompson explained his findings as listed in his staff report dated June 4, 2003, which is attached and made part of this official record as Attachment B. It was pointed out that an Attorney General's Opinion, indicated that a city could not impose a minimum age requirement of sixteen for drivers of golf carts. It was pointed out that some vehicles seen around town that look like golf carts were "street legal" slow moving vehicles. Commissioner Waters inquired if seatbelts were required for slow moving vehicles. Chief Thompson indicated that he would check to see if they were required. 4. Consent Agenda Commissioner Borno requested that Items C, D and E be removed from the Consent Agenda for further discussion. Commissioner Waters requested that Item B be removed for fiirther discussion. OMMISSIONERS M O T I O N S E C 0 N D Y E S N O D 0 Minutes Page -4- June 23, 2003 A. Acknowledge monthly reports: Building Department, Public Safety Department, Code Enforcement, and Utility Sales (City Manager) Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. B. Award contract for Effluent Copper Mixing Zone Phase I to Camp, Dresser & McKee in the amount of $32,680.00 (City Manager) Commissioner Waters inquired concernirlg the proposed sampling plan methods and frequency and if the Florida Department of Environmental Protection (FDEP) would approve the sampling plan and frequency of collection, Utility Director Kaluzniak indicated the FDEP had recommended the approach to be used by Camp, Dresser and McKee. Motion: Award contract for Effluent Copper Mixing Zone Phase I to Camp, Dresser & McKee in the amount of $32,680.00. There was no more discussion and the motion carved unanimously. C: Award contract for mosquito control to Nature's Way Natural Pest Control, Inc. in the amount of $1,150.00 per month on an as needed basis and Bid Item #Z, additional mosquito control, in the amount of $0.003/sq. ft., if requested by the city, (Bid NoA203-19) (City Manager). Commissioner Borno congratulated the city for taking a proactive approach to aggressively fighting mosquitoes and indicated that the mosquito population had significantly dropped over the past several weeks. Motion: Award contract for mosquito control to Nature's Way Natural Pest Control, Inc. in the amount of $1,150.00 per month on an as needed basis and Bid Item #2, additional mosquito control, in the amount of $0.003/sq. ft., if requested by the city. There was no more discussion and the motion carried unanunously. D. Approve aone-year extension to the contract with All Seasons Landscape Contractors, Inc. for street sweeping at OMMISSIONERS M O T ] 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 BQRNO X X PARSONS X X WATERS X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X I Minutes Page -5- June 23, 2003 the current contract price estimated at $18,048.00 (City Manager) Motion: Approve cone-year extension to the contract with All Seasons Landscape Contractors, Inc. for street sweeping at the current contract price estimated at $18,048.00. Commissioner Borno confirmed that. street sweeping was conducted on an every other month basis and inquired if more frequent sweeping would be needed when the core city project was completed. Public Works Director Kosoy indicated that some baffle boxes had been cleaned once and contained a lazge amount of sand, and the effectiveness of the current schedule would be re-evaluated after completion of the project. There was no more discussion and the motion carried unanimously: E. Approve aone-year extension to the contract with Cintas Corporation for uniform rental and cleaning at the current contract price estimated at $9,500.00 (Bid No. 0001-2)(City Manager) Motion: Approve aone-year extension to the contract with Cintas Corporation for uniform rental and cleaning at the current contract price estimated at $9,500.00. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 03-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE TERMS OF OFFICE FOR MEMBERS OF THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE AND PROVIDING AN EFFECTIVE DATE. Motion: Approve Resolution No. 03-05. Commissioner Borno asked Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, if they had any problems with the term limits set forth in the resolution. 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 BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -6- June 23, 2003 Mr. Pritchett indicated that all of the committee members had agreed with the term limits. Commissioner Beaver complimented the group for sponsoring the Acoustic Event at the Adele Grage Cultural Center on Sunday night, and stated he was looking forward to the next Acoustic night scheduled in July. There was no more discussion and the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 20-03-17 Public Hearing & Final Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20-59, SCHEDULE OF FEES, PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 20-03-17 on final reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning calculation of the fees for gas pumps and stated he felt it would be more beneficial to the city if a service station was charged a set fee for the first four pumps and then charged for each individual pump thereafter. INe also felt fees should not be increased for the Teen Club designation. Discussion ensued and Commissioner Bomo recollected that the fees were set higher for the businesses requiring Commission approval (Page 11 of the ordinance) to offset the additional city services these types of business establishments would require. Amendment to the motion: Keep the current fee of $5,250 for a Teen Club occupational license. There was no further discussion and the amendment to the motion and the main motion carried unanimously. B. .Ordinance No. 20-03-60 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OMMISSIONERS M O T I O N S E C 0 N D Y E S N 0 I li I BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X i BEAVER X X BORNO X PARSONS X WATERS X X MESERVE X I Minutes Page -7- June 23, 2003 OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 Motion: Approve Ordinance No. ZO-03-60 on final reading as amended. City Manager Hanson pointed out that the last line on Page 1 of the ordinance should be deleted since there was no actual increase in the fund. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No on spoke and the Mayor closed the public hearing There was no discussion and the motion carried unanimously. C. Ordinance No. 60-03-14 Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORDINANCE #60-03-14, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES WITHIN THE CITY OF ATLANTIC BEACH. SAID ORDINANCE SHALL AMEND SECTION 17-4. GENERAL PROVISIONS APPLYING TO ALL PERMITTED SIGNS; SECTION 17-6, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; AND SECTION 17-34, FEES, AND SHALL DELETE SECTION 17-15, REQUESTS TO WAIVE CERTAIN TERMS OF THIS CHAPTER. AMENDMENTS SHALL BE ADOPTED BY REFERENCE AS CHAPTER 17 OF THE CODE OF ORDINANCES AS PREVIOUSLY ADOPTED THROUGH ORDINANCE No. 60-03-13. THIS ORDINANCE ALSO PROVH)ES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES OR PORTIONS THEREOF, AND PROVIDES FOR AN EFFECTIVE DATE Motion: Approve Ordinance No. 60-03-14 on first reading. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Community Development Director Doerr reviewed the changes to the ordinance and pointed out that Section 17-5. Requests to waive certain terms of this Chapter had been deleted from the ordinance. OMMISSIONERS M O T I 0 N S E C O N D Y E S N O BEAVER X 'BORNO X X 'PARSONS X WATERS X X MESERVE X s I i I BEAVER X BORNO X X PARSONS X WATERS. X X MESERVE X I I I Minutes Page -8- June 23, 2003 Commissioner Beaver referenced Page 11 of the amended ordinance and inquired if under Subsection iv. Number of Freestanding Signs Permitted, the items listed under "a" and "b" relative to development parcels, were either/or choices. City Attomey Jensen confirmed that they were either/or choices. Mayor Meserve stated that he would like the ordinance to contain language to allow consideration of waivers under special circumstances. Commissioner Borno suggested limiting waiver requests to setbacks. Discussion ensued. Commissioners Waters, Parsons, and Beaver felt that the waiver (variance) provision should be left out of the ordinance. City Attorney Jensen stated that citizens have a right to seek relief from a city action and if Section 17-5 was taken out of the ordinance, there would be no administrative procedure set forth to seek that relief. Amendment to the motion: Reinstate Section 17-5 in the ordinance. There was no more discussion and the amendment to the motion carried by a four to one. vote with Mayor Meserve and Commissioners Beaver, Bomo and Parsons voting aye and Commissioner Watery voting nay. The main motion earned unanimously. The Public Hearing and Final reading of the ordinance will beheld on July 14, 2003. D. Ordinance No. 5-03-42 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 2, ADMINISTRATION, AMENDING CHAPTER 14, PLANNING/ZONING/ APPEALS, AND AMENDING CHAPTER 23, VEGETATION; CREATING UNIFORM TERMS FOR APPOINTED MEMBERS OF THE CODE ENFORCEMENT BOARD, COMMUNITY DEVELOPMENT BOARD, AND TREE CONSERVATION BOARD; PROVIDING A MAXIMUM LIMIT OF CONSECUTIVE TERMS FOR BOARD MEMBERS; PROVIDING PROCEDURES FOR REMOVAL; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. OMMISSIONERS M O T I O N S E C O N D Y E S i N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE ~ X Minutes Page -9- June 23, 2003 Motion: Approve Ordinance No. 5-03-42 on first reading. Commissioner Bomo commented conceming the uniformity of the language contained within the proposed amendments. and stated that he had spoken with the City Clerk who explained that the language concerning residency and serving with no compensation occurs at different places within the chapters being amended. Commissioner Waters believed that."serves with no compensation" should be struck from the ordinance since the boazdmembers are recognized by other means. City Attorney Jensen advised that "compensation" meant monetarily. It was announced that the public hearing and final. reading of the ordinance would take place July 14, 2003. There was no more discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Action on a request by Beaches Habitat to approve a re-plat of a portion of the E. H. Donner's subdivision to create seven two-family lots and one single-family lot on property located on the west side of Francis Avenue, east of Mayport Road and to be known as the Francis Cove Three subdivision Motion: Approve a re-plat of a portion of the E. H. Donner's subdivision to create eight two-family lots on propertylocated on the west side of Francis Avenue, east of Mayport Road and to be known as the Francis Cove Three subdivision. Commissioner Bomo inquired as to the number of available lots at the beaches for Habitat's use. Ralph Marcello, representing Beaches Habitat, stated that in addition to the Francis Cove subdivision Habitat was looking hoping to purchase property located off Church Road in Jacksonville that would provide an additional fourteen units. He indicated that as affordable land becomes more difficult to obtain, Habitat may begin a teaz-down rebuild program. Community Development Director Doerr stated that a duplex would be built on the lot previously designated for asingle-family home,. resulting in sixteen units to be constructed on the property. There was no more discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E C 0 N D Y E S N O BEAVER X BoRNO x x PARSONS X X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -10- June 23, 2003 B. Designate Commissioner Dezmond Waters as the city's voting delegate to the August 14-16 Florida League of Cities Annual Conference Motion: Designate Commissioner Dezmond Waters as the city's voting delegate to the August 14-16 Florida League of Cities Annual Conference. Commissioner Bomo indicated that he also planned to attend the conference. There was no discussion and the motion carried unanimously. C. Appointments of two residents of the City of Atlantic Beach to the Police Employee Pension Board for a period of two -years and two residents to the General Employee Pension Board for a period of four years Human Resource Director George Foster stated that the two Board Members terms would expire in October and December and the information was being provided now so the Commissioners would have time to make their decision regazding appointments. No action was required at this time. D. Approve a Leave Sell Back Policy change which would allow employees the option to change their leave accrual limit in December of each year for the following calendar year Motion: Approve a Leave Sell Back Policy change which would allow employees the option to.change their leave accrual limit in December of each year for the following calendar year. Commissioner Bomo inquired if approval of this policy change would cause an administrative burden. Human Resources Director Foster responded that he did not expect many employees to make changes and it should not create a burden. He indicted that the revised policy would comply with IRS rules. There was no more discussion and the motion carried unanimously. E. Approve the Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and authorize the City Manager to sign the agreement on behalf of the City of Atlantic Beach (City Manager) 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 r BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X i I I Minutes Page -11- June 23, 2003 Motion: Approve the Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and authorize the City Manager to sign the agreement on behalf of the City of Atlantic Beach. There was no more discussion and the motion carried unanunously. 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: Annual Water Quality Report City Manager Hanson indicated that Florida regulations require that a yearly report be sent to customers on the quality of water provided by the city, and the annual report was included for the Commissioners review. No Parking Signs -Town Center City Manager Hanson reported that Rona Brinlee, President of the Town Center Merchants Association, had requested that one-hour parking signs be reinstalled in the Town Center area between Ocean and East Coast Drive to prevent beach goers from using the limited number of parking spaces on Atlantic Boulevard. City Manager Hanson indicted he had some concerns regazding the request as the Police Deparhnent did not have enough staff to assign an officer to pazking duty in Town. Center. He suggested that "No Pazking" be enforced on a complaint basis. He also believed the signs themselves could be a problem as to height and location, and it was noted that employees may also be using the pazking spaces all day long and could receive a ticket. Commissioner Parsons inquired if regulating the pazking would impact funding for beach renourishment. Chief Thompson indicated that it would have no impact. By consensus the Commission directed the City Manager to have the "No Pazking" signs reinstalled in Town. Center between Ocean Boulevazd and East Coast Drive. Byrne Grant Modification It was reported that $19,000 of grant funds remained from last year's approved grant of $6Q,000 to purchase of laptops, and the ONLMISSIONERS M O T 1 0 N S E C O N D Y E S N O ' BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X 0 Minutes Page -12- June 23, 2003 Police Department was requesting permission to use the remaining funds for engineering to develop antennas for the laptops. There were no Commission objections to the request. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk King •3 Reminded the Commissioners and Staff that their Financial Disclosure Forms were due July 1, 2003.. Commissioner Beaver •:• Indicated that the city needed to be diligent to make sure construction dumpsters did not damage newly paved streets. •: Thanked the Cultural Arts and Recreation Advisory Committee for the very successful Acoustic Night held at the Adele Grage Cultural Center. Commissioner Borno :• Commented that he had read the letter and reviewed the photographs received from Mr. Bisbano, and talked to staff concerning the requests. He believed there was no action the Commission could take concerning his requests. •: Inquired whether PODS were being registered with the City and reported that one was located on 2"d Street between Ocean and Beach. • Reported he would be attending the implosion. of the Jacksonville Coliseum and dedication of the new arena later in the week. Commissioner Waters •3 Distributed copies of the Florida League of Cities final legislative report to the. Commissioners, and urged them to participate in League of Cities activities. d• Inquired if two of the homes photographed by Mr. Bisbano should be condemned and stated that he knew of others in -equal disrepair. OMMISSIONERS M O T I O N S E C O N D Y E S N O x Minutes Page -13- June 23, 2003 City Manager Hanson indicted that the siding on one of the homes in the pictures submitted by Mr. Bisbano was being replaced and the home had been properly inspected. •:• Inquired as to why Atlantic Beach did not show if pesticides were present in the city water. Utility Director Kaluzniak responded that the city only had to report on what was detected in the water. Commissioner Parsons • Indicated he would like "Count," the turtle logo being used in the Core City Project, to be used in conjunction with all construction projects in the city. • Inquired concerning the salinity of the water in the lagoon at the golf course. Public Works Director Kosoy stated that the water had been checked thirteen weeks prior to construction and thirteen weeks after construction, and it was found that the salinity was reduced after the permanent weir was installed. Mayor Meserve • Recognized Jacksonville Council Member-Elect Art Graham who was present in the audience. • Informed everyone that the 2002 Hurricane Re-entry Passes were still good and new passes were available at City Hall and the Police Department. There being no further discussion or business to come before the City Commission, the Mayor declazed the meeting adjourned at 8:55 P•m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S N O A