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MinutesMINfJTES 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 28, 2003 PRESENT: John Meserve, Mayor ]tichazd 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 the Mayor was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Special Called meeting and Regular Commission meeting of July 14, 2003 Motion: Approve the minutes of the Special Called and Regular Commission Meetings of July 14, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors A. Flag presentation by Clarence Hill and Henry Hood of the American Legion Captain Clazence Hill and Commander Henry Hood of American Legion Post #316 presented the city with a Corporate Blue Star Banner flag recognizing the city's support of active duty forces. Captain Hill also read a letter from the American Legion Post Commander supporting the city's efforts to establish a Veterans Memorial Pazk on land adjacent to the American Legion Post. B. Mary French, 7th Street Beach Access Beautification Committee Mary French, Chair of the 7`h Street Beach Access Beautification Committee, read a letter responding to the objections to the project raised 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 BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -2- July 28, 2003 at the previous meeting. A copy of the letter is attached and made part of this official record as Attachment A. J.P. Marchioli of 414 Sherry Drive reported on an accident he believed was caused by speeding, which occurred on Sherry Drive and damaged his car pazked in his driveway. Mr. Marchioli commented on the lack of directional signs indicating the location of the city's parks Richard Allen of 320 8`h Street felt the 7`n Street Beautification Project was an attempt to limit the public's use of the access. He indicated that if a shower could not be installed at the access, he would pay for the installation of a spigot, on the condition that the city removed the plants obstructing the public's use of the grassy strip along the fence. James Hill of 372 7`n Street believed a compromise solution should be reached that would benefit the greatest number of people, without being inconsiderate of the residents living next to the access. Mr. Hill stated that he had noticed a design flaw in the sidewalk on the east side of Sherry Drive that directs people riding bicycles into the street at intersections, and requested that this matter be addressed. Michael Catrett of 337 7`h Street stated that he had his bicycle stolen at the 7"' Street access and requested that a bike rack be installed. He also indicated that the plantings at the access made it difficult for his mother- in-law, who had hip replacement surgery, to walk down and view the ocean. David Herrold of 659 Sherry Drive believed problems occurred when people using the access leaned their bicycles against the Le Chateau fence. He felt installing a bike rack and reconfiguring the area would resolve this issue. 3. Unfinished Business from Previous Meetings A. Report on Corrosiveness of City Water Utility Director Kaluzniak presented data demonstrating that the city's water, after treatment, was not corrosive. The data, included in her Staff Report, is attached and made part of this official record as Attachment B. Building Official Ford cited several causes for household plumbing corrosion and indicated that in the past fifteen years, approximately 50% the older household waterlines in the city had been replaced with PVC OMMISSIONERS M 0 T I O N S E C O N D Y E S N O Minutes Page -3- July 28, 2003 pipe and would not corrode. A list of the causes of household plumbing corrosion is included in the report. B. Report regarding complaints about Lawn Care Companies operating in residential areas City Manager Hanson reviewed Code Enforcement Officer Sherrer's report with the Commissioners. The report is attached and made part of this official record as Attachment C. It was noted that twenty-five Home Occupational Lawn Caze Businesses were licensed with the city, and only four violation notices concerning their operation had been issued in the past four yeazs. The Commissioners agreed that the complaint received by Commissioner Parsons was an isolated case and no additional restrictions should be imposed. C. Report regarding Beautification Project at 7`h Street Beach Access Pazks and Recreation Director Johnson provided background information concerning the beautification project and displayed photographs of the access site. He indicated that the citizens who spoke at the previous meeting had requested that a shower, bike rack and bench be installed at the access. He indicated that there was not enough room in the 8-1/2' space to put a shower, but with the removal and relocation of a few plants, the bench and bike rack could be installed. Commissioner Bomo inquired if water was available at the site. Mr. Johnson indicated that irrigation for the new landscaping was provided by Le Chateau Condominiums. Discussion ensued regazding installing a shower and Commissioner Bomo requested that staff investigate the possibility of installing a water line and smaller vandal-proof shower at the northeast end of the access. It was the consensus of the Commissioners to relocate the plants and install a bench and bike rack at this time. D. Report regarding legal uses of fireworks and enforceability of laws pertaining thereto Chief Thompson presented his report relative to the sale of fireworks allowed under Florida Statute 791 and the loophole in the law, which allowed customers to purchase high-powered fireworks by signing a form stating the fireworks would be used for agricultural pest control. OMMISSIONERS M O T I 0 N S E C O N D Y E S N O Minutes Page -4- July 28, 2003 Commissioner Borno suggested that the city contact the other beach cities to see if they would join with the City of Atlantic Beach to lobby the legislature to rewrite the law to eliminate the loophole. He indicated he would bring this matter up at the League of Cities Conference he would be attending next month. Commissioner Beaver suggested the matter be brought up at a Mayors' meeting to try and get a joint resolution from the four mayors supporting changing the law. Commissioner Waters reiterated his position that the City of Atlantic Beach should provide assistance to help finance the Jacksonville Beach Independence Day fireworks display. Acreage of Flyover Parks City Manager Hanson responded to an inquiry concerning the size of the parks to be located by the flyover, and stated that one-third of an acre would be used for the Veterans' Memorial Park and 1.16 acres would be used for the children's playground. 4. Consent Agenda A. Acknowledge receipt of the monthly report from Public Safety Department Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: A. Report on Mayport Road Access Management Study (Mayor) Mayor Meserve reported that a final written report would be completed in the next few months, and would include recommendations for improving pedestrian and automobile safety, a bike path and landscaped median strips. Mayor Meserve pointed out that the information included in the report was based on detailed studies conducted by the consulting firm. He indicated that the citizens and business owners wanted the improvements and as the project progressed, the city would go back to the FDOT and ask them to reduce the speed limit on Mayport Road. Mayor Meserve indicated that after completion of final report, there would be additional public hearings. OMMISSIONERS M O T I 0 N S E C 0 N D Y E S N O Minutes Page -5- July 28, 2003 B. Code Enforcement Board Curtis Sanders, Chair of the Code Enforcement Boazd, displayed an organizational chart of the Board and provided information on the Board's jurisdiction and authority, the duties of the Code Enforcement Officer and statistical data on violations occurring within the city. Mr. Sanders stated he was speaking as a resident of the city, and requested Commission consideration to amend the current ordinance regulating lot mowing to require the mowing and removal of underbrush on all vacant lots in the city. A question and answer session followed the presentation. Commissioner Waters inquired concerning repeat offenders relative to pazking of boats and/or recreational vehicles in front yards. Code Enforcement Officer Shener explained that after notifying the owner of the violation, if the violation is not corrected a final notice is sent to the violators indicating that vehicles would be towed if there were future violations. Action on Resolutions: 7. Action on Ordinances: 8. Miscellaneous Business: A. Authorize the City Manager to negotiate a contract with PQH Architects for an expansion of City Hall Motion: Authorize the City Manager to negotiate a contract with PQH Architects for an expansion of City Hall. Building Official Ford distributed a sample matrix to the Commissioners illustrating the procedure used to rank the nine architectural fums that had submitted proposals. Commissioner Borno inquired if the azchitects would bring conceptual drawings to the Commission and Building Official Ford indicated they would bring several ideas to the Commission before completing a detailed design. Commissioner Waters suggested that the building be expanded upward to save valuable park space. There was no further discussion and the motion carried unanimously. OMMISSIONERS M 0 T I 0 N S E C O N D Y E S '' O BEAVER X BORNO - X PARSONS X X WATERS X X MESERVE X Minutes Page -6- July 28, 2003 B. Approve Change Order No. 9 in the Core City Improvements Project in the amount of $40,595.30 (City Manager) Motion: Approve Change Order No. 9 in the Core City Improvements Project in the amount of $40,595.30. There was no discussion and the motion carved unanimously. C. Provide clarification on questions regarding the intent of Ordinance No. OS-03-42 that established terms and term limits of Board and Committee Members (City Manager) Mayor Meserve indicated that staff's interpretation of the Commission's intent was correct as listed in the submitted staff report. The Commissioners concurred with the Mayor's response. The staff report is attached and made part of this official record as Attachment D. D. Appointments to the Tree Conservation Board to fill two unexpired terms, one of which expires January 31, 2004 and the other expires January 31, 2005 (City. Clerk) Mayor Meserve stated that Mr. Collins had withdrawn his request to serve on the boazd and nominated Chazles Carroll for appointment. Motion: Approve appointment of Charles Carroll to the Tree Conservation Board (to fill the unexpired term ending January 31, 2004.) 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: Emergency Repair -Buccaneer Plant The City Manager reported that emergency repairs totaling $14,786 were made to repair a blower at the Wastewater Treatment Plant. Budget Workshops The City Manager reported that Budget Workshop would be held at 5:00 p.m. on August 11`h and 25`h, immediately preceding the regulaz Commission Meetings on those dates. OMMISSIONERS M 0 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 PARSONS X WATERS X X MESERVE X X Minutes Page -7- July 28, 2003 Hazardous Waste Collection The City Manager reported that 502 vehicles had participated in the Household and E-Waste Collection held at the City Hall pazking lot on Saturday. Commissioner Borno requested that another collection be scheduled in a few months. Town Center Project Public Works Director Kosoy reported that the next phase of the Town Center Project would begin soon, and included improvements on Ocean Boulevard one block northward beginning at Ahem Street. Photographs of the area were displayed. He reported that the street would be widened, the palm trees moved back to accommodate the improvements, and curb installed on the east side of the street to align with the block south of Ahern. Drainage would also be improved. Mr. Kosoy further reported that the Tree Boazd had approved the relocation of the trees during their July 9`h meeting, and the bid opening for the prof ect was scheduled for August 6`h. Commissioner Borno confirmed that the monument on the corner of Ahern and Ocean would not be disturbed by the project. Commissioner Waters requested that another date palm be purchased and planted at the intersection of Ahem and Ocean for balance and symmetry to the one presently located by the stop sign. Commissioner Beavea inquired as to where the historic palm trees would be relocated. Public Works Director Kosoy stated they would be moved back from their present location when the street was widened. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver •:• Inquired if the Town Center drainage improvement project would eliminate the ponding by the Caribbean restaurant. Mr. Kosoy responded that the drainage improvements were not designed for that azea. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -8- July 28, 2003 Commissioner Borno •:• Reported there were fifty-three turtle nests on the local beaches, twenty-four of which were located in Atlantic Beach. Three nests were due to hatch at any time. •:• Reported that the San Pablo Overpass Committee had met, and the twenty-five member committee would meet again on August 4'h with a goal of conducting five meetings in five weeks. Commissioner Parsons • Referenced a letter concerning utility billing and inquired if it was feasible to change the city's billing cycle to accommodate citizens going on vacation. City Manager Hanson stated he would look into this to see the extent of the problem. ~.• Inquired if anything could be done to alleviate the sidewalk problem brought up by Mr. Hill. Public Works Director Kosoy responded that the city was aware of the problem, but in order to correct it, the catch basins located at the intersections would have to be relocated at a cost of approximately $54,000. He stated he was meeting with the design engineer to discuss other options. • Reported there was still a problem with grate noise on 9`h Street. • Reported that 11`h Street west of Seminole Road, by the lift station, needed paving. Public Works Director Kosoy stated that portions of 7`h, 8`s, l0a' and 11 `h Streets would be paved if mo~iey was available from the Core City project. Commissioner Waters •:• Inquired when the decorative crosswalks on Sherry and East Coast Drives would be completed. He was informed they would be completed near the end of the Core City prof ect. • Stated the Acoustic Night at the Adele Grage Cultural Center was well attended and inquired if the city could purchase a small portable stage for use at such events. • Noted that the lagoon by Selva Linkside needed to be cleaned; however, he was aware that this was not City property. •:• Commented that he enjoyed the Dutton Island article in the Beaches Leader. OMMISSIONERS M O T I 0 N S E C O N D Y E S N 0 Minutes Page -9- July 28, 2003 • Commented that not enough thought went into the boat parking ordinance and he would like boats to be parked only in rear yards. He requested that the Commission revisit the ordinance. • Reported that property, four doors from his home had flooding problems. Mayor Meserve • Reminded the Commissioner of the ground-breaking ceremony for the Town Center Drainage Project the following morning at 10:00 a.m. He indicated that Mayor Peyton would not be in attendance. •:• Felt directional signage was a good idea and suggested a common design for all directional signs. He requested that the Commissioners take a look at Jacksonville Beach's new directional signs. •:• Suggested the Commission look into amending the 25' requirement of the ordinance regulating vegetation, without damaging wetlands or woods. Commissioner Bomo suggested the property owners be responsible for clearing their property. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:00 p.m. fittest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O T I O N S E C 0 N D Y E S N O