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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, JULY 14, 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 Commissioner Beaver was followed by the Pledge of Allegiance to the Flag. Approval of the minutes of the Regular Commission meeting of June 23, 2003 Commissioner Bomo referenced page three of the minutes and stated he would like paragraph three under Beach Signs to be amended to read as follows: "It was the consensus of the Commission to place the "Keep Off the Dunes" signs on the trash cans, if possible, and also attach the street names on all of the cans as illustrated". Motion: Approve the minutes of the Regular Commission Meeting of June 23, 2003 as amended. The motion carried unanimously. 2. Courtesy of the Floor to Visitors A. Presentation of Outstanding Citizen Award to Paula Moody and Jamie Putman Mayor Meserve recounted a recent incident at Tideviews Preserve when Alan Sowder, a city employee, was assaulted and robbed by a man and woman while working in the park. He further stated that without the help of Paula Moody and Jamie Putman, residents who witnessed the attack and were willing to become involved and help Mr. Sowder, he might have been more seriously injured. v v 0 0 T T E E S S M S O H T C I O Y O N E N N D S O COMMISSIONERS BEAVER X X BORNO X X i PARSONS X WATERS X _ MESERVE X Minutes Page -2- July 14, 2003 Mayor Meserve presented an Outstanding Citizen Award to Paula Moody. Jamie Putman was unable to attend the meeting and will be given her award at a later date. Chief Thompson presented his recommendations for increased park security, as follows: (1) Increase police patrols in the parks, especially at closing times or when a problem has been identified by staff, (2) Enhance the role of Parks and Recreation staff to address security issues by changing their titles to "Rangers" instead of "Attendants" and issuing new uniforms to reflect the change, (3) Coordinate communication between Parks and Recreation staff and the Police Department, and encourage the investigation of all suspicious activities and rules violations in the parks, (4) Provide direct radio communication between Pazks and Recreation staff and the Police Department, (5) Provide Parks and Recreation staff with a public address system so they can communicate from a distance in remote areas, (6) Promote more use of the parks, more people and visibility discourage bad behavior, (7) Encourage citizens who live near parks to report problems at the time they occur, and (8) Use video cameras to monitor remote pazks. Chief Thompson stated that the city was currently investigating the costs to video monitor the parks. Commissioner Waters believed the city should use video cameras in the parks if it all possible. Alan. Potter of 374 Second Street referenced the Water Quality Report recently mailed to all Atlantic Beach and Buccaneer Water District customers and stated that the water coming from the aquifer was non- corrosive. He pointed out that copper was present in the water coming from homes as a result of corrosion of household systems. He believed the city was responsible for allowing the water to become so corrosive. He requested that the city take measures to reduce or eliminate the corrosiveness. Bob Totter of 275 11th Street referenced the Workshop Meeting held earlier to discuss projects to be funded from the Better Jacksonville half- cent sales tax revenues and stated he did not hear any mention of reducing taxes or debt with the funds. He feltthe citizens of Atlantic Beach wanted smaller government, not more projects. James Hill of 372 7th Street stated that a recent beautification project at the beach access at the end of 7`h Street had eliminated the use of public land by citizens who liked to use the area to view the ocean. He felt the area could have used a shower, but instead an imgation system for landscaping was installed. He requested that the Commission revisit the access and consider changing how it was now being used. OMMISSIONERS M 0 T I O N S E C O N D Y E S N O I Minutes Page -3- July 14, 2003 Don Remley of 1309 Violet Street distributed Mastic remnants from firecrackers he had picked up during the July 5` beach cleanup. He stated that he had never seen this type of plastic fragments before and expressed concern they could become a safety issue for sea turtles and citizens using the beach. Pat Pillmore of 995 Camelia Street felt that information conceming the Mayport Road corridor study was not being provided to the citizens of Atlantic Beach and thought that the Community Development Board should have an opportunity to review the overlay maps developed by the Jacksonville Planning Department before decisions were made. Richard Allen of 320 8`h Street stated that the ability to use beach accesses was important to many of the residents of Atlantic Beach, and he felt the recent landscaping project installed at the 7`h Street beach access by residents of Le Chateau Condominiums was an attempt to keep the public access private. Mr. Allen recalled a verbal altercation, which occurred between a resident of Le Chateau and himself at the access, and stated he felt the public could no longer feel comfortable using the access. He also requested that the city revisit the site. Discussion of the beautification proj ect ensued, and Mayor Meserve indicated that staff would look into this matter. J.P. Marchioli of 414 Sherry Drive read Section 14 of the Charter conceming meetings of the Commission. 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. B. Animal Control Report Chief Thompson reviewed the history of animal control in the city and recommended several changes. to the fee and fines schedules relative to animal control and the penalties for violating the Animal Control Code. A copy of his report dated June 26; 2003 is attached and made part of this official record as Attachment B. Commissioner Borno inquired concerning a definition fora "dangerous dog" as referenced in Items #4 and 6 on the list of recommendations and inquired if a dangerous dog could be removed by the city. Chief OMMISSIONERS M O T I O N S E c O N D Y E S N O Minutes Page -4- July 14, 2003 Thompson indicated that there was a process for removal of a dangerous dog but it required court action. Commissioner Parsons inquired if fines for third offenses had been increased. Chief Thompson indicated that it was being recommended that. third and subsequent violations be considered criminal violations, with a fine of up to $500, as determined by the judge. Commissioner Parsons stated that he would like the fine to be $500. A review of the recommendations ensued. Commissioner Waters indicated his support of the recommendations. Commissioner Borno stated that he would like the city to have the ability to remove a dangerous dog from the city. By consensus the Commissioners agreed to incorporate the recommended changes into the city's Animal Control Ordinance and requested that the City Attorney draft the new ordinance. C. Action on an Application for Waiver from the Setback Requirements of Chapter 17, Signs and Advertising Structures, filed by Ruth and Kelly Wilson of Wilson and Wilson Optical Motion: Approve request, if the sign is moved approximately 1.5' from the edge of the sidewalk. The motion was lost for lack of a second. Motion: Deny the request for the waiver from the setback requirements of Chapter 17, Signs and Advertising Structures, filed by Ruth and Kelly Wilson of Wilson and Wilson Optical. There was-no discussion and the motion carried on a 4 -1 vote with the Mayor and Commissioners Beaver, Bomo and Pazsons voting in favor of the motion and Commissioner Waters voting against the motion. 4. Consent Agenda Commissioner Borno requested that Item A be removed from the Consent Agenda for discussion. B. Approve extension of annual contracts for Environmental Laboratory Services for an additional year to Advanced Environmental Services, Inc. and Columbia Analytical Services at current contract prices (RFP No. 0102-7) (City Manager) OMMISSIONERS M O T I 0 N S E C O N D Y E S ~' O ', WATERS X '. i BEAVER. X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -5- July 14, 2003 C. Award annual contract for Chlorine and Sulfur Dioxide to Jones Chemical, Inc., at the unit prices submitted in Bid No. 0203-18 (City Manager) Motion: Approve Consent Agenda Items B and C as presented. There was no discussion and the motion carried unanimously. A. Acknowledge monthly reports: Building Department, new Occupational Licenses, Public Works and Public Utilities Departments and Utility Sales (City Manager) Commissioner Borno referenced Item #13 - DeWees Avenue Area Drainage and Paving Improvements Project listed in the Public Works and Utility Departments Status Report and inquired if the drainage was working. Public Works Director Kosoy stated it was functioning properly, but they would have to clean some debris from a drainage culvert. Commissioner Parsons referenced the new Occupational License Report and inquired as to the licensing of a Lawn Service business in a residential area. He stated that he had received a complaint that employees were meeting at the house before going out on their jobs, which he believed was in violation of what was allowed under a Home Occupational License. Discussion of the licensing requirements ensued and the Mayor requested that the matter be fumed over to Code Enforcement. 5. Committee Reports: A. Report and recommendations of the Pension Review Committee (City Manager) Commissioner Borno, a member of the Pension Review Committee, presented the report to the Commissioners and thanked the Committee Members and staff for their work. Commissioners agreed it was a good report and commended the Committee for their work. Commissioner Waters expressed concern with the proposed overtime policy changes and felt there should have been input from the employees. City Manager Hanson indicated that the employees had an OMMISSIONERS M 0 T I 0 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 -6- July 14, 2003 opportunity to give input when they met with representatives from Palmer and Cay, the company who wrote the city's pay plan and employees' benefit package study in 2001. A copy of the report is attached and made part of this official record as Attachment C. 6. Action on Resolutions: 7. Action on Ordinances: A. Ordinance No. 60-03-14 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,. ADOPTING ORDINANCE NUMBER 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 17-27, GENERAL PROVISIONS APPLYING TO ALL PERMITTED SIGNS; SECTION 17-29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; AND SECTION 17-64, FEES. AMENDMENTS SHALL BE ADOPTEb BY REFERENCE AS CHAPTER 17 OF THE CODE OF ORDINANCES AS PREVIOUSLY ADOPTED THROUGH ORDINANCE NUMBER 60-03-13. THIS ORDINANCE ALSO PROVIDES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL OF - CONFLICT?NG ORDINANCES OR PORTIONS THEREOF, AND PROVIDES FOR AN EFFECTIVE DATE. Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Motion: Approve Ordinance No. 60-03-14 on final reading. Bob Totter of 27511th Street read from a Small Business Administration bulletin on the importance of signs to the success of a business. Pat Pillmore of 995 Camelia Street stated that she could not read the sign located at K-Mart and felt that low signs sunounded by landscaping were too difficult to read bypassing motorists. 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 -7- July 14, 2003 No one else spoke and the Mayor closed the public hearing. Community Development Director Doerr noted there was an error in the title of the ordinanceincluded in the packet, but the corrected title was used in the legal notice advertising the second reading. Commissioner Beaver confirmed that the number of signs permitted on a development parcel with frontage on more than one street was limited to three signs. Commissioner Beaver felt the ordinance was. good for the future of the city. Commissioner Waters confirmed that the requirement to display street numbers found in Section 17-29(4)(e) was included in the previous ordinance. There was no mote discussion and the motion carried unanimously. B. Ordinance No. 5-03-42 Public Hearing and Final 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. id4ayor Meserve lead the ordinance by title only and opened the floor for a public hearing. Motion: Approve Ordinance No. 5-03-42 on final reading. Curtis Sanders, Chair of the Code Enforcement Board, inquired as to when the ordinance would go into effect. Mayor Meserve stated that it would be effective with the final reading. Pat Pillmore of 995 Camelia Street favored term limits for board members. No one else spoke and the Mayor closed the public hearing. 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 Minutes Page -8- July 14, 2003 Commissioner Beaver inquired as to the term limits for Code Enforcement Board Members. City Manager Hanson explained that Florida Statutes set the three year term for Code Enforcement Board Members and this could not be vaned. Discussion ensued and it was determined that Code Enforcement Board Members should be allowed to serve a maximum of three consecutive three-year terms, which would be more consistent with the four consecutive two-year terms set for the other boazds. Amendment to the motion: Amend ordinance 5-03-42 to allow Code Enforcement Board Members to serve a maximum of three consecutive three-year terms on the Board. There was no more discussion and the amendment to the motion and the motion carried unanimously. 8. Miscellaneous Business: A. Public Hearing and action on a request fora Use-by- Exception to allow automotive repair and service in association with an existing used car lot (Neptune auto Sales, Inc.) on property within the Commercial General (CG) Zoning District located at 880 Mayport Road (City Manager) Motion: Approve a request for aUse-by-Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) on property within the Commercial General(CG) Zoning District located at 880 Mayport Raad as recommended by the Community Development Board. (The Community Development Board at their meeting held June 17, 2003, approved the Use-by-Exception to the applicant only, William Dukes, to allow for continuation of the automotive repair services until December 07, 2004 and required that the site be cleaned up). Community Development Director Doerr explained the request as written in her. Staff Report dated June 25, 2003. The report is attached and made part of this official record at Attachment D. It was pointed out that the original Use-by-Exception, granted in 1987, was for auto sales only and did not include auto repair. Mr. Dukes explained that he had been in business since 1987 and he felt auto repair was included in the original Use-by-Exception 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 BEAVER X BORNO X Minutes Page -9- July 14, 2003 since it was discussed at the meeting. He further stated that he would clean up the site and would be willing to install a fence to block the view of his business from Mayport Road. Commissioner Beaver inquired as to the December 07, 2004 time limit for the Use-by-Exception and asked where that date came from. Mr. Dukes indicated that his current building lease expires on that date. Commissioner Beaver then asked Mr. Dukes if he intended to close his business at the end of the lease. Mr. Dukes responded that he wanted to continue to work as long as he could, and he intended to renew his lease, but the Community Development Board had placed that condition on the Use-by- Exception. Discussion ensued concerning the fact that Mr. Dukes had operated an auto repair business for more than seventeen years in violation of the city code without knowledge he was in violation. Mayor Meserve suggested approving the Use-by-Exception. for auto repairs as long as Mr. Dukes leases the property. Amended Motion: Approve Use-by-Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) on property within the Commercial General (CG) zoning district located at 880 Mayport Road as recommended by the Community Development Board, with the exception that Mr. Dukes be allowed to continue the automotive repair service for as long as he holds a lease to said property. (The Community Development Board at their meeting held June 17, 2003, approved the Use-by-Exception to the applicant only, William Dukes, to allow far continuation of the automotive repair services until December 07, 2004 and required that the site be cleaned up). There was no more discussion and the amended motion carried unanimously. B. Authorize the City Manager to execute a Professional Services Agreement with the Northeast Florida Regional Planning Council to assist in the preparation of the Evaluation and Appraisal Report (EAR) based on amendments to the adopted Comprehensive Plan (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BDBxo x PARSONS X X WATERS X MESERVE X Minutes Page -10- July 14, 2003 Motion: Authorize the City Manager to execute a Professional Services Agreement with the Northeast Florida Regional Planning Council to assist in the preparation of the Evaluation and Appraisal Report (EAR) based on amendments to the adopted Comprehensive Plan. There was no discussion and the motion tamed unanimously. C. Action on the request of Bestcon, Inc. to use a portion of the unopened West 14tH Street right-of--way to construct a landscaped walkway, a wooden pedestrian bridge and platform to provide access to a creek connecting to the Intracoastal Waterway (City Manager) Motion: Approve request of Bestcon, Inc. to use a portion of the unopened West 14t~ Street right-of--way to construct a landscaped walkway, a wooden pedestrian bridge and platform to provide access to a creek connecting to the Intracoastal Waterway, as recommended in the Staff Report dated June 25, 2003. (The Staff Report is attached and made part of this official record as Attachment E. Item #2 was amended to give the Homeowners Association 48 hours notice of scheduled maintenance). Paul Nichols, President of Bestcon, Inc., presented his request to use a portion of the unopened West 14th Street right-of--way adjacent to his Hidden Paradise Subdivision to construct a landscaped walkway, a wooden pedestrian bridge and platform to provide access to a creek connecting to the Intracoastal Waterway, to be used by the public and maintained by the Hidden Paradise Homeowners Association. Commissioner Waters stated he did not believe the walkway and bridge would really be for public use. Mr. Nichols confirmed that the public would be allowed to use the facilities. Commissioner Beaver stated that he would like to be sure the facilities were properly maintained and that the city would have the right to remove the structures if they become in disrepair. He also felt the platform should be removable to allow access for ditch maintenance by the city's walking excavator. Mr. Nichols stated that the structures would be removed for ditch maintenance, with notice from the city to the Homeowners Association. Discussion ensued. Commissioner Waters believed the city should give forty-eight hours notice of proposed maintenance. Commissioner Borno suggested that the bridge be built with a hinge to allow it to be lifted out of the way. OMMISSIONERS M O T I O N S E c O N D Y E S N O BEAVER X BoxNO x X PARSONS X X WATERS X MESERVE X BEAVER X BoRNO X x PARSONS X WATERS X X MESERVE X Minutes Page-11 July 14, 2003 There was no more discussion and the motion carried unanimously.. D. Approve Change Order No. 1 for Relocation, Installation and Coating of Elevated Storage Tank at Water Plant No. 1 in the amount of $13,590 (Bid No: 0203-02 rebid) (City Manager) Motion: Approve Change Order No. 1 for Relocation, Installation and Coating of Elevated Storage Tank at Water )?lant No. 1 in the amount of $13,590. There was no discussion and the motion carried unanimously. E. Appointments to the Cultural Arts and Recreation Advisory Committee Mayor Meserve stated that he would like to reappoint Ray Coleman, Mazgazet Van de Guchte, Steve Piscitelli and James Strutchen to two- year terms on the Cultural Arts and Recreation Advisory Committee. Motion: Approve reappointments to the Cultural Arts and Recreation Advisory Committee as recommended by the Mayor. Commissioner Beaver requested that if a vacancy occurs, consideration be given to the appointment of Ingrid McCawley to the Committee. There was no more discussion and the motion carried unanimously. F. Approve for use and naming of the park at the flyover at the intersection of Mayport Road and Atlantic Boulevard (Mayor) Mayor Meserve distributed maps of the flyover area showing the parcels recently acquired by the city, which included a piece of land to the west of the original park along Atlantic Boulevard that abutted the American Legion pazking lot. Mayor Meserve stated that he had had informal conversations with several local military organizations, as well as the .Mayport Naval Station command, and they all supported the concept of designating the area as a memorial pazk and naming it "Atlantic Beach Veterans Memorial Park". He felt they would help with the design, funding and maintenance of the park, and provide security for the area. Mayor Meserve indicated that the area originally designated as a park would be developed as a children's playground azea. 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 WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X I Minutes Page -I2- July 14, 2003 Motion: Designate and name Parcels A,B, and C, located at the intersection of Atlantic Boulevard and Mayport Road, Atlantic Beach Veterans Memorial Park and authorize the Mayor to negotiate with the local veterans groups for the creation of a memorial area. (A copy of the map is attached and made part of this official record as Attachment F). There was no more discussion and the motion carried unanimously. 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: Emergency Repair at Wastewater Plant It was reported that emergency repairs totaling $19,230.40 were made to stop a large leak in the air main going to the digester at the Wastewater Treatment Plant. Janitorial Services It was reported that the city's current contractor providing janitorial services had quit effective today, and a temporary purchase order had been issued to Atlantic Coast for 30 days of janitorial service. A staff report recommending a new contractor will be made at the next Commission Meeting. Air Show Agreement It was reported that a draft agreement had been received from the City of Jacksonville for the 2003 Air Show, which will be held at the beaches. It was further reported that the City of Jacksonville. Beach desired to amend several of the proposed provisions in the agreement prior to its approval. The amended agreement will be placed on a fixture agenda for Commission consideration. New Web Page It was reported that the city's new Web Page was now "live" and if there were any comments or suggestions for improvements, they should be passed on to staff. 10. Reports and/or requests from City Commissioners and City Attorney 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 -13- July 14, 2003 Commissioner Beaver • In response to an earlier comment made by Mr. Totter that the citizens of Atlantic Beach wanted the Commission to reduce taxes, Commissioner Beaver stated that there was another segment of the community that wanted the Commission to make decisions for additional services and projects for their children that would enhance their quality of life. He believed that was what the Commission was doing with the one-half cent sales tax funds. Commissioner Borno :• Reported there were 47 turtle nests on the beaches. • Expressed concern for the use of illegal fireworks at the beach and the large amount of debris left behind from them. He believed citizens should abide by the law regulating fireworks, but there were too many loopholes in the law, which made enforcement difficult. Commissioner Parsons • Reported he had received no complaints conceming the 7`h Street beach access and stated that staff needed to investigate the problem. • Supported the new sign regulations, but regretted the impact the sign had had on Wilson and Wilson's business. Commissioner Waters • Believed the City of Atlantic Beach should monetarily support the Jacksonville Beach Independence Day fireworks display to ensure a successful celebration for all beach residents, and the city should inquire early concerning providing the support. •: Suggested the city pay for a dinner for Alan Sowder and his wife. • Suggested that the city invite Paula Moody and Jamie Putman to the appreciation reception. held in August for. committee and board members. OMMISSIONERS M O T I 0 N S E c 0 N D Y E S N O Minutes Page -14- July 14, 2003 • Stated he did not know the motivation behind the beautification project at the 7`h Street beach access when it was approved, and indicated there were some rocks placed along where people like to walk in a grassy area and the City may receive complaints about this. There being no further discussion or business to come before the City Commission, the Mayor declazed the meeting adjourned at 9:48 p.m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O z I O N S E c O N D Y E S N O