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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, NOVEMBER 10, 2003 PRESENT: John S. Meserve; Mayor Richard M. Beaver, Mayor Pro Tem Paul B. Parsons Sylvia N. Simmons J. Dezmond Waters, III, Commissioners AND: Jim Hanson,:City Manager Maureen King, City Clerk Alan C: Jensen, City Attorney. Mayor Meserve called the meeting to or er at 7:15 p.m. T e Invocation given by the Mayor was. followed by the Pledge of Allegiance to the .Flag.. L Approval of the minutes of the Regular Commission Meeting of November 4,.2003 Motion: Approve the minutes of the Regular Commission Meeting ofNovember 4, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors J.P. Marchioli, 414 Sherry Drive reiterated that his wife did not like the new decorative crosswalk on Sherry Drive because its rumble (for traffic calming) startled her when she drove over it. He also stated he would like to be able to comment on Item 8E when it came up on the agenda. Michael Ressler, speaking on behalf of Trisha Pascoe Lawrence and her mother, Nancy Pascoe (Item 8E), stated that prior to the Core City project a sidewalk was located on the right-of--way and did not infringe on the Pascoe property. He reported that since the street was re- engineered, a 4` wide sidewalk would not fit on the public right-of--way. He indicated there was sufficient right-of--way on the north side of 5th Street to complete the sidewalk from where it ends at Sherry Drive. Mr. Ressler stated that there were sidewalks on 1St and 7th Streets that did not intersect with Sherry Drive and he inquired why the sidewalk in question could not remain disconnected. He also indicated that the storm drain on the site did not fixnction and if eliminated, there would probably be enough room for a sidewalk without taking any property: V V O 0 T T E E S S M S O E T -C I O Y O N E N N D S O COMMISSIONERS BEAVER X X PARSONS X SIMNIONS X WATERS. X X MESERVE X Minutes Page -2- November 10, 2003 Trisha Ann Pascoe Lawrence of 481 Sherry Drive, owner of the property with her mother, Nancy Pascoe, stated that she did not think the sidewalk was necessary at that location (Item 8E) and requested that the city reconsider its decision to put the sidewalk back. Ms. Lawrence stated that her property was lower than the street and suffered from drainage problems, but since the sidewalk was removed, it was draining better. She felt it was unfair for the city to take her property, and .requested additional time to obtain legal advice.. A. Presentation by Friends of Atlantic Beach Elementary School Laurie Melancon of 675 Beach. Avenue, representing Friends of Atlantic Beach Elementary School, thanked the city for partnering with the school to provide afterschool enrichment programs,soccer fields and cultural arts programs. Mrs. Melancon stated that the school would like to explore how some projects could be done jointly with the city and indicated the school would like to expand the playing fields,. beautify the school grounds, expand parking and increase public safety. She indicated that they would also like to explore and share ideas with the city to see if there were areas of the school grounds that could be used by the entire community. Mayor Meserve provided the Commissioners with information regarding partnering with the school and stated this matter would be brought back at a future meeting. 3. Unfinished Business from Previous Meetings Plaza Speed Bump Traffic Study Chief Thompson reported errors were found in the statistical data in the traffic study conducted by his department, and he now believed there was a speedingproblem on the 300 block of Plaza. He indicated that the study would be repeated, and he would provide afollow-up report and make a recommendation at the next meeting. Consent Agenda: A. Acknowledge Receipt of the following monthly report(s): Building Department, and Public Works/Utilities Departments (City Manager) B. Schedule public hearing dates to adopt proposed visions to Articles I through IV, Chapter 24, Zoning, Subdivision and Land Development Regulations (City Manager).. .COMMISSIONERS - M 0 T I O N S E C 0 N D Y E S ~' O Minutes Page -3- November 10,.2003 Motion: Approve Consent Agenda Items A & B as presented. (The public hearings were scheduled for 7:15 p.m. November 24~h and December $"'): There was no discussion and the motion carried unanimously. 5. Committee Reports:_ 6. Action on Resolutions: A. Resolution No. 03-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORH)A, RECOGNIZING THE SUCCESSFUL REDEVELOPMENT EFFORTS OF ALAN E. DICKINSON AND THE NORTH BEACH CENTER LOCATED AT 725 ATLANTIC BOULEVARD Motion: Approve Resolution No. 03-14. The Mayot read the resolution in its entirety and presented the framed document to Mr. Dickinson.. The Mayor and Commissioners thanked Mr. Dickinson for his redevelopment of the old building at 725 Atlantic Boulevard into the North Beach Center. Mr. Dickinson thanked the Commissioners and staff for their support and assistance to make the project a success. There was no discussion and the motion carried unanimously.. B. Resolution No.-03-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ENDORSING THE REDEVELOPMENT OF THE MAYPORT ROAD CORRIDOR AND THE CONCEPTUAL RECOMMENDATIONS AS CONTAINED WITHIN THE MAYPORT ROAD ACCESS MAINAGEMENT STUDY PREPARED FOR THE FIRST COAST METROPOLITAN PLANNING ORGANIZATION Motion:. Approve Resolution No.A3-16. Commissioner Waters inquired if anything had been planned to improve A-1-A, between the Village of Mayport and Mayport Road. Mayor Meserve stated that it had not been discussed, but he would request that the City of Jacksonville look into it as part of the Mayport Waterfront Partnership program. There was no discussion and the motion carried unanimously. Items 8E and 8F were taken out of sequence and acted on at this time. OMMISSIONERS M 0 T I 0` N S E C O N D Y E S N O BEAVER X X PARSONS X SIMMONS X WATERS X X MESERVE X BEAVER X X PARSONS X SIMMONS X WATERS X X MESERVE X BEAVER X PARSONS X SIMMONS X X WATERS. X X MESERVE X Minutes Page-4- November 10, 2003 8E. Authorize Staff to obtain a survey and have the City Attorney order a Quick Take of property to construct a full width sidewalk, with condemnation proceedings to proceed thereafter (City Manager) City Manager Hanson explained that there was a sidewalk at the corner of Ms. Lawrence's property prior to the Core City Project and all `sidewalk removed during construction was being replaced.. The staff report explaining the sidewalk replacement is attached and made part of this official record as Attachment A. Public Works Director Kosoy displayed a photograph of the property and pointed out the 2' piece of property needed to install the 4' sidewalk. Ms. Lawrence explained her situation again and stated that she strongly objected to the city taking her property. In addition to the sidewalk issue, Ms. Lawrence related past problems with the city relating to her fence, the driveway and drainage. Mayor Meserve suggested a compromise and inquired if Ms. Lawrence would be willing to give the city the required. property in exchange for help with drainage improvements. Ms. Lawrence indicated she did not wanf to give up any property because in the future she would like to enlazge her home and install a new fence. Upon the Mayor's suggestion, Ms. Lawrence stated she would be willing to discuss with city staff options forsesolving the problem. Motion: ,Defer action on authorizing staff to obtain a survey and having the City Attorney order a Quick Take of property to construct a full width sidewalk, in order to allow all parties to meet and consider options to resolve this matter. There was no discussion and the motion carried. unanimously. SF. Select a design for the. City Hall expansion (City. Manager) City Manager Hanson outlined the options for the City Hall expansion, which included a basic and extended floor plan. The option of constructing adrive-through kiosk in the parking lot for paying utility bills was also presented. It was explained that $250,000 was budgeted for the project, with the basic floor plan costing $240,000. City Manager Hanson indicated that the extended floor plan, which added 500 squaze feet to the basic plan cost $311,425 and would require a budget OMMISSIONERS M 0 T I O N S E c 0 N D Y E S N O BEAVER. X X PARSONS g SIMMONS X X WATERS g MESERVE g .Minutes Page -5- r November 10, 2003 amendment: The staff report concerning the proposed expansion is attached and made part of this official record. as Attachment B. Jose Perez of PQH Architects explained the various options and answered questions. Commissioner Parsons stated that-he was opposed to construction of a kiosk and inquired as to the number of offices being addedto the building with the larger design. Mr: Perez responded there would be two additional offices. Commissioner Beaver believed the. city should think to the future and inquired as to the cost to construct a second floor. Mr. Perez indicated that he did not know what it would cost since his scope of service did not include designing a second floor. He indicated the scope of services could be expanded to include maximizing the existing building. Commissioner Waters reiterated his position that the city should retain valuable parkland and expand the building up, not out. Mayor Meserve pointed out that adding a second floor would require installation of an elevator to meet ADA requirements.. .Discussion ensued and it was pointed out the existing CityHall would not support. a second floor. Motion: Approve the extended floor plan at an estimated cost of $311,425. with no kiosk. There was no more discussion and the motion carried unanimously 7. Action on Ordinances A. Ordinance No. 20-03-63 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Motion: Approve Ordinance No. 20-03-63 on first reading. There was no discussion and the motion named unanimously. 8. Miscellaneous Business A. Public Hearing and action on a request for aUse-by- Exception filed by Roy S. Jones to allow the sale of new and used automobiles on property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X. PARSONS. X X SIMMONS X WATERS X X MESERVE X BEAVER X X PARSONS X SIMMONS X WATERS X X MESERVE X Minutes Page-6- November 10, 2003 Motion: Approve request for a use Use-by-Exception filed by Roy S. Jones to allow the sale of new and used automobiles on property within the Commercial General (CG) Zoning District and located at 1075 Atlantic Boulevard as recommended by the Community Development Board, and to include a sixth condition that automobiles will be displayed on the property only between the hours of 7:00 a.m. and 7:00 p.m., seven days per week. (The Community Development Board at their meeting held October 21, 2003, recommended approval of the request, subject to the following conditions: (1) There shall be no more than three [3] cars displayed outside of the enclosed building at any time, (2) There shall be no automotive repair on the property, (3) There shall be no .boats, or vehicles other than automobiles; displayed or maintained on the property, (4) Any automobile leasing shall be long-term leasing only and not short-term car rentals, and (5) the Use-by-Exception is non-transferable and granted only to the applicant). Mayor Meserve opened the floor for a public hearing. No one spoke and the public hearing was closed. The :applicant, Mr. Roy S. Jones, explained his request and stated .that he brokered and sold only high-end, luxury automobiles to the public. He indicated thathe would abide by the conditions - recommended by the Community Development Board and further stated that he intended to paint the building. and plant palm trees on the site. Commissioner Waters stated that he was not in favor of the request because that was. not the way he wanted Atlantic Boulevard to be developed. Commissioner Beaver concurred with Commissioner Waters, but stated that he was pleased the Community Development Board had placed several conditions on their recommendation to approve the request. fie felt the conditions should be closely monitored and requested that an additional condition be included that automobiles be displayed in front of the building only between the hours of 7:00 a.m. and 7:00 p.m. No one objected to the additional condition. Mayor Meserve felt that enough conditions had been placed on the request that no precedent would be set. City Attorney Jensen agreed that no precedent would be set: OMMISSIONERS M O T I O N S E C 0 N D Y E S ' N O BEAVER X PARSONS X X SIMMONS X X WATERS X MESERVE X Minutes Page -7- November 10, 2003 Commissioner Simmons stated that she had walked the area and felt the sale of new and used cars was not consistent with neighboring businesses. She also expressed concern relative to policing the conditions. There being no further discussion, the motion carried by a three to two vote with Commissioners Beaver and Parsons and Mayor Meserve voting aye and Commissioners Simmons and Waters voting nay.: B. Appointment to the Cultural Arts and Recreation Advisory Committee to fill the unexpired term of Betsy Tidwell (City Clerk) Commissioner Beaver said he had worked with Ingrid McCawley during the Adele Grage Cultural. Center expansion project .fundraisers and recommended she be appointed to the committee.. Motion: Appoint Ingrid McCawley to fill the unexpired term of Betsy Tidwell on the Cultural Arts and Recreation Advisory Committee. There was na discussion and the motion tamed unanimously. C. Approve designated streets for the tree planting program (City Manager) Motion: Approve the designated streets for tree planting as listed in the Staff Report of the Parks and Recreation Director dated. October 29, 2003. (The report is attached and made part of this official record as Attachment C). Commissioner Parsons requested that the plantings on Plaza and Seminole Road be delayed for two months, until after the December meeting of the Art in Public Places Fact Finding Committee. He indicated that there was an artist who builds his sculptures around growing trees and the Committee wished to investigate his work. Parks and Recreation Director Johnson indicated that the trees would be planted from November through March.. He pointed out that Tree Fund money could be used only forplanting trees, not. sculptures and the fund contained $25,000. There were no objections to delaying the planting on Plaza and Seminole Road for two months. Commissioner Waters suggested that letters be sent to the .homeowners on East Coast Drive and Ocean Boulevard to encourage them to plant palm trees in those areas to complete the OMMISSIONERS M O T I 0 N S E C O N D Y E S N O BEAVER X PARSONS X SIMMONS X WATERS X X MESERVE. X X BEAVER X X PARSONS X SIMMONS X WATERS X X MESERVE X Minutes Page -8- November 10, ?003 historical palm colonnades.. Mayor Meserve agreed with the suggestion. There was no more discussion and the motion carried unanimously. D. Authorize the City Manager to sign lease agreements 4otaling $140.00 per month to allow two adjoining businesses to park on city property located between Atlantic Boulevard and West First Street (City Manager) Motions Authorize the City Manager to sign lease agreements totaling $140.00 per month to allow two adjoining businesses to park on city property located between Atlantic Boulevard and West First Street. .Commissioner Waters pointed out that the charge for the proposed lease was incorrectly stated in the agreement. City Attorney Jensen advised that he did not know the amount when the document was drafted and was ubjectto correction. There was no more discussion. and the motion carried unanimously. E. ..Authorize Staffto obtain a survey and have the City Attorney order. a Quick Take of property to construct a full width sidewalk, with condemnation proceedings to proceed thereafter (City Manager) Item 8E was acted on earlier in the meeting. F. Select a design for the City Hall expansion (City Manager) Item 8F was acted on eazlier in the meeting. G. Selection of Mayor Pro Tempore (City Commission) .Mayor Meserve indicated that he would like to reappoint Commissioner Beaver as Mayor Pro Tempore. He stated that he had been working closely with Mayor Pro Tem Beaver on matters relating to a hurricane evacuation, since he would have to coordinate evacuation efforts at his place of business. Motion: Reappoint Commissioner Beaver as Mayor Pro Tem The motion carried unanimously. 9. City Manager OMMISSIONERS M 0 T I O N S E G -0 N' D Y B S N O BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X Minutes Page -9- November 10, 2003 City Manager Hanson reported on the following items: 2005 Beach Renourishment Project Meeting It was reported that representatives from the four cities, the Corps of Engineers, Representative Ander Crenshaw's office, Jacksonville .Council Member Art Gtaham, and Kevin Bodge met on October 29"', and it was discussed that the beach renourishment project was. on track for 2005. 'City Manager Hanson said it was hoped that federal funds for the proj ect would be included in the compromise budget, which should be approved later this month. Town Center Trash Cans The City Manager reported that the Town Center Association requested that the lids for. the Town Center trash cans be modified to remove the built-in ashtrays previously requested. Commissioner Waters indicated that the change was being requested since the ashtrays would hold water and create more of a problem. Emergency Repair -Sailfish Drive Mr. Hanson reported. that a sinkhole had formed near 845 Sailfish Drive and it was determined that 80 feet of 48" storm drain would have to be replaced on an emergency basis at a cost of $16,500. Joint Meeting with Community Development Board City Manager Hanson reminded the Commissioners of the Joint Meeting with the Community DevelopmentBoard on November 24`h at 5:00 p.m. to begin review of Comprehensive Plan amendments. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters: ~.~ Referenced Item #11 in an article in Waterwatch published by the St. Johns Water Management District, which indicated the district had budget funds for cost sharing grants and inquired if the. city had applied for any funds. City Manager Hanson indicated. applying for a grant for the Hopkins Creek project was discussed; but had not been applied for. COMMISSIONERS - M 0 T I O N S E C 0 N D Y E S N O Minutes Page -10- November 10, 2003 4• Reported that the National Groundwater Conference would be held in Orlando concerning East Coast water issues for the Urban Setting and suggested. that someone attend the conference. • Referenced the resolution adopted by the City of Gainesville opposing sending. water from north Florida to south Florida and requested that the City of Atlantic Beach adopt a similar. resolution: Mayor Meserve agreed and stated that he would work to encourage the three beach cities and the City of Jacksonville to adopt a similar a resolution. :• Felt the city should support the proposed Hodges Boulevazd overpass and inquired if the city would take a position on the project. Mayor Meserve believed some. correspondence had taken place concerning the overpass. He felt that before the Commission took a position'on the project, it would be better if someone came before the Commission to explain the pros and cons of the overpass. The Mayor stated he would review the matter and bring it back at a future meeting. Commissioner Parsons ~• Referenced a previous report to the Commission regarding the December 26`" GatorBowl Festivities and stated that the Gator Bowl Committee was requesting payment of $3,600 for banners to be displayed at Town Center. He said the costs would be equally shared between the Town Center Agency and the cities of Atlantic Beach and Neptune Beach, and requested Commission approval for the payment of Atlantic Beach's share. There were no objections to the request. Mayor Meserve: :• The Mayor volunteered to work with staff and Ms: Lawrence; to resolve the sidewalk and other issues related to her property. •:• The Mayor stated that he would like the city to develop a partnership with Atlantic Beach Elementary School and requested that Commissioner Simmons serve as the Commission liaison to the school. Commissioner Simmons accepted the appointment. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:15 P•m- John Meserve Attest: Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S I N O