MinutesMINUTES OF TIIE REGULAR MEETING OF THE ATLANTIC
BEACIi CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, AUGUST 25, 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 the Mayor was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission meeting
of August 11, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of August 11, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
Bob Totter of 275 11"' Street inquired if the Commissioners had
received the petition from residents on 11`h Street opposing installation
of the proposed sidewalk.
Mayor Meserve indicated that during the budget workshop meeting held
earlier, the sidewalk had been taken out of the budget.
J.P. Marchioli of 414 Sherry Drive commented on use of cell phones
and other distractions while driving and reiterated his previous position
that for safety reasons, a law should be passed requiring drivers to keep
both hands on the steering wheel.
Mr. Marchioli also commented on other cities' beach accesses he had
visited which were paved, fenced and offered two rows of diagonal
parking for visitors.
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August 25, 2003
Dick Hilliard of 338 11"' Street stated he would not be able to attend
the next Commission Meeting and spoke in opposition to the request by
Michael Dunlap for aUse-by-Exception for parking for the proposed
building to be constructed behind APs Pizza, at the comer of Ahem
Street and East Coast Drive, as recommended for approval by the
Community Development Board on August 19, 2003.
Mr. Hilliard provided background information concerning restaurant
development in the area and indicated that AI's Pizza and Sticky Fingers
received parking exceptions. He pointed out that Ocean GO had
expanded their restaurant and Al's Pizza had added outside seating
without providing additional parking. He felt the area was already
congested and commented that delivery trucks blocked the streets when
off-loading.
Dorothy Kerber of 365 1"Street agreed with Mr. Hilliard and
recounted the problem she had maneuvering around a delivery truck
blocking 151 Street at Al's Pizza.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report
City Manager Hanson commented on several items in his written report.
The report is attached and made part of this official record as
Attachment A.
Utility Payment Late Charge Waiver
City Manager Hanson suggested amending the City Code to allow staff
to waive a utility payment late charge one time per year at the
customer's request, if they have a good payment history.
It was the consensus of the Commission to amend the Code.
7`I' Street Beach Access
The Commissioners agreed with the City Manager's
recommendation to keep the landscaping at the access as it is.
Pedestrian Crosswalks
Commissioner Waters suggested that public notice be given when
the new crosswalks are installed.
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August 25, 2003
B. Appointment to•the Tree Conservation Board (1)
Mayor Meserve nominated Clyde Bradley for appointment to the Trce
Board.
Motion: Approve appointment of Clyde Bradley to the Tree
Conservation Board (to fill the unexpired term ending January
31, 2oos).
There was no discussion and the motion tamed unanimously.
4. Consent Agenda
Commissioner Borno requested that Item C be removed from the
Consent Agenda for further discussion.
A. Acknowledge receipt of monthly reports: Building
Department, Public Works and Public Utilities and
Utility Sales (City Manager)
B. Award a contract to the Walding Company in the
amount of 8126,845.00 for Town Center Phase III
Improvements pursuant to the specifications of Bid No.
0203-20 (City Manager)
Motion: Approve Consent Agenda Items A and B as
presented.
There was no discussion and the motion carried unanimously.
C. Approve a ane-year extension of the contract with
Beachcombers, Inc., for beach cleaning services at an
annual cost of 835,800 (Bid No. 0001-21) (City Manager)
Motion: Approve Consent Agenda Item C as presented.
Commissioner Borno related that there had been a prior
understanding with Beachcombers that they would not rake the
beach before 8:00 a.m. during turtle nesting season, which allowed
for tracking of turtles coming onshore to lay their eggs. He
inquired if this condition could be included in the one-year
extension of the contract.
Discussion of a time to begin raking ensued. Commissioner Borno
felt the 8:00 a.m. start time would allow adequate time for
inspecting the beach.
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August 25, 2003
Amendment to the motion: Include language in tl-e
contract that no raking will occur before 8:00 a.m.
There was no more discussion and the amendment to the motion and
main motion carried unanimously.
5. Committee Reports:
A. Reports from the Police Employees and General
Employees Pension Boards
Human Resource Director George Foster summarized key points
from the actuarial report for the Commissioners, including statistical
data on members of each plan, the number of retirees and
beneficiaries receiving benefits, and the number of vested
employees who had not yet retired.
It was noted that the city's contribution rate increased for both plans
due to less than expected market returns. Investments and rate of
return for both plans for the quarter ending June 30, 2003 were also
given. A copy of Human Resource Director Foster's Staff Reports
and Summary of each pension plan are attached and made part of
this official record as Attachment B.
6. Action on Resolutions:
A. Resolution No. 03-07
A RESOLUTION OF THE CITY OF ATLANTIC
BEACI3 AUTHORIZING THE MAYOR TO EXECUTE
A MAINTENANCE CONTRACT BETWEEN THE
CITY OF ATLANTIC BEACH AND TIME FLORIDA
DEPARTMENT OF TRANSPORTATION, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 03-07.
Commissioner Borno clarified the areas to be maintained by the city
with City Manager Hanson.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-03-183 Public Hearing & First
Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE NUMBER 90-03-183, RE-
DESIGNATINC THOSE AREAS SHOWN ON THE
GEOGRAPHIC LOCATION MAP, ATTACHED AS
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August 25, 2003
EXHIBIT A, FROM COMMERCIAL GENERAL (CG)
TO CENTRAL BUSINESS DISTRICT (CBD)
CONSISTENT WITfI SECTION 24-114, AS ENACTED
BY ORDINANCE N0.90-O1-172, WI~IICH
ESTABLISI3ED THE CENTRAL BUSINESS
DISTRICT CLASSIFICATION, PROVIDING
FINDINGS OF FACT, REQUIRING RECORDATION;
AND PROVIDING AN EFFECTIVE DATE
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.
Motion: Approve Ordinance No. 90-03-183 on first
reading.
Community Development Director Doerr explained the boundaries
of the new zoning district classification of Central Business District
(CBD) and indicated the new district would be redesignated on the
city's official zoning map from Commercial General (CG) to
Central Business District (CBD).
Discussion ensued. Commissioner Waters questioned the height
limit oftwenty-five feet for the Central Business District, while the
Commercial General classification allowed a height of thirty-five
feet.
There was no more discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Approve Change Order No. 10 in the amount of 517,307 in
the Core City Project (City Manager)
Motion: Approve Change Order No. 10 in the amount of
517,307 in the Core City Project.
City Manager Hanson explained that the project was well within its
contingency and should be completed within budget.
There was no discussion and the motion carved unanimously.
B. Authorize Builders Care to perform rehabilitation services
expending the remaining balance of FY 2002-2003 CDBG
FIousing Rehabilitation funds (City Manager)
Motion: Authorize Builders Care to perform rehabilitation
services expending the remaining balance of FY 2002-2003
CDBG Housing Rehabilitation funds.
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August 25, 2003
Community Development Director Doerr reported that a home located at
45 Lewis Street had been selected for rehabilitation work. She indicated
that plumbing and electrical improvements were needed, which would
allow the elderly owners to remain in their home.
Ms. Doerr indicated that if any money was left after completing this
work, improvements might be able to be made to one additional home.
There was no discussion and the motion carried unanimously.
C. Consider the proposed wording amending the Public Beach
Access Beautification Program and either adopt it as
proposed or make amendments as needed
Motion: Approve Public Beach Access Beautification
Program as revised.
Commissioner Beaver explained that the only revision to the program
would be that a public hearing would be required before approving any
project under this program. Also, at least one (1) week prior to the
hearing a sign would be placed at tho site to notify citizens of the
hearing.
Discussion ensued concerning the time frame for prior notice and it was
felt that two weeks notice should be given.
Amendment to the motion: Change step three of the
procedures to reflect a two weeks (fourteen days) notice.
Commissioner Waters inquired why only one side of the 7`h Street Beach
Access received landscaping and felt that future beautification projects
should have representation from both sides of the access and others
living in the area.
D. Discussion and possible action regarding the National Flood
Insurance Program (City Manager)
Building Official Ford stated that he had been working with FEMA on
this for more than two years, with the goal to make revisions to Chapter
8 of the City Code, which would protect property owners in flood prone
areas and allow them to receive better rates on flood insurance. Mr.
Ford indicated that an ordinance reflecting those changes would be on
the September 8, 2003 agenda for first reading.
A brief discussion of the changes and flood zone map ensued. A copy of
Mr. Ford's staff report is attached and made part of this official record as
Attachment C.
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August 25, 2003
No Commission action was taken.
E. Consider aright-of--way use permit to allow a canvas and
aluminum frame awning to extend above tl~e sidewalk and
over a restaurant's walk-up carry-out window, for property
located at 1447 Mayport Road (City Manager)
Motion: Approve aright-of--way use permit to allow a canvas
and aluminum frame awning to extend above the sidewalk
and over a restaurant's walk-up carryout window, for
property located at 1447 Mayport Road.
Mayor Meserve stated that he was concerned that the window was
located very close to the Mayport Road right-of--way and might cause
a problem with pedestrians so close to vehicular traffic, and the city
should monitor the area.
Commissioner Waters stated that he was not aware of aright-of--way use
permit. Community Development Director Doerr explained that the
requirement was found Section 1 of Chapter 19, Streets. Sidewalks and
Other Public Places of the Code.
Bcy DeMarco, owner of the Hot Dog Hut restaurant, stated that the
awning on Mayport Road covered the walk-up window where customers
placed their orders, and they would be directed to pick up their food at a
window located around the corner. Commissioner Beaver hoped there
would not be a trash problem and Mr. DeMarco indicated that trash cans
would be located on-site.
There was no more discussion and the motion caaied unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
•:• Reported that Jacksonville Law Enforcement Assistance
Block Grant funds for 2003/2004 had been approved in the
amount of $15,240.
•:• Commented that the petition from the 11`h Street residents
opposing a sidewalk for their street had already been taken
care of during the Budget Workshop by removing the item
from the budget.
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August 25, 2003
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen distributed copies of a Memorandum on a
Rental Properties Ordinance for review and possible discussion by
the City Commission at a future meeting. The Memorandum
included suggestions to include in the ordinance, if this type of
ordinance was to be adopted by the city.
Commissioner Waters
•:• Inquired as to the time city crews begin mowing. Public
Works Director Kosoy stated that mowing began at 7:30
a.m. Commissioner Waters stated he had received more
than one complaint and inquired if they could begin at 8:00
a.m. or later.
•:• Questioned whether the twenty-five foot height limitation
was appropriate for the Central Business District (CBD)
zoning classification, and felt the thirty-five foot limit might
be better. He indicated that he would like this matter
revisited.
Commissioner Parsons
:• Stated that he had met with Finance Director VanLiere
concerning the city's stormwater fee and felt it should be left
as it is.
•:• Reported a huge pile of yard trash had been placed on the
median of Selva Marina Drive.
:• Felt a better job could have been done on the recently
mowed ]ot on the corner of Aquatic Drive and stated that
there were limbs and trash located on the site.
:• Reported that he had received a compliment on the signs
attached to the beach access trash cans.
Commissioner I3orno
•:• Submitted a summary report of his attendance at the recent
Florida League of Cities Conference and indicated that the
information he received from the conference was available
in the office of the City Clerk foe the Commissioners'
review,
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•:• Reported he had attended the dedication ceremony held over
the weekend for the 100`h Beaches Habitat home constructed
at 50 Robert Street. He indicated that the dedication was
well attended and the speaker from the National Habitat
office provided an excellent program.
Commissioner Bcavcr
•:• Suggested that Commissioner Waters provide information
concerning where the complainants live and the city crews
could be asked to adjust their mowing schedule.
Mayor Meservc
•:• Commented that the city had conducted its final Budget
Workshop of the year, and the millage rate would be
announced at the required public hearing. He stated that the
city was in the top IS-20% as far as its financial condition,
with ,adequate reserves in all funds and along range plan in
effect.
There being no further discussion or business to come before the
City Commission, the Mayor declared the meeting adjourned at 8:33
p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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