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MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMIVIISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.IYI. ON MONDAY, NOVEMBER 24, 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 order at 7:15 p.m. T e Invocation given by Commissioner Parsons was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the FOP Impasse Hearing of November 3, and the Regular Commission Meeting of November 10, 2003 Motion: Approve the minutes of the Impasse Hearing of November 3, and the Regular Commission Meeting of November 4, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors Curtis Sanders of 2320 Barefoot Trace expressed concern for citizen safety and encouraged the Commission to clear the underbrush on the lot located at Atlantic Boulevard and Aquatic Gardens. I3e also requested that the Commission revisit the ordinance regulating the use and length of time a POD maybe placed on site. He indicated a POD was being used as a construction trailer in Oceanwalk and had been on site for more than six weeks. He felt this was an improper use of a POD. Alan Potter of 374 Second Street spoke in support of Resolution 03-17 (Item 6A). Mr. Potter felt a new statewide authority would just be another unregulated taxing authority that provided little help to the citizens. Stephen Kuti 1132 Linkside Drive stated he apposed construction of a roundabout (Item 8B) at the 5-way stop since there would not be enough space for cars to merge into a roundabout from Sherry Drive. Jane Wytska of 352 Second Street complained of the noise, dirt, dust in the air, overflowing dumpsters and blocked traffic associated with the construction occurring at 328 Second Street. Ms. Wytska felt it was unfair to the residents who live in the area to have to endure these conditions. v v 0 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 PARSONS X X SIMMONS X WATERS X X MESERVE X Minutes Page -2- November 24, 2003 J.P. Marcliioli, 414 Sherry Drive commented on the following: (1) The street being replaced at 374 Second Street did not appear to have a limerock base, (2) The use of millage to generate revenue for the city was more equitable than using revenue from increased water/sewer rates, (3) He personally used the 10`t' Street Beach Access because it was the most available, (4) It was unfair for the St. Johns River Water Management District to direct the city to target wasteful, unnecessary, and inefficient water users, (5) Opposed the construction of a roundabout at the 5-way stop, and (6) Favored the use of POD's for emergencies, but otherwise felt they should be regulated, 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report City >E3a11 Expansion Cost Estimates City Manager Hanson reported that Jose Perez, the city's architect for the project, estimated that it would cost $5,000 for additional architectural services to provide an estimated construction cost far constructing the new addition to support a second story. Tree Lighting Ceremony City Manager Hanson reported that the December G, 2003, Tree Lighting Ceremony would be held at 6:00 p.m., not 6:30 p.m. as listed in his memo. B. Report and Possible Action Regarding Speed Bumps on Plaza Director Thompson reported that the traffic study on the 300 block of Plaza was based on a speed limit of 25 MPH while the actual speed limit in that block is 20 MPH. A re-evaluation of the data from the study indicated a significant speeding problem, and Dir. Thompson recommended that the speed bumps removed during Core City construction project be replaced. Public Works Director Kosoy provided drawings showing the location of the proposed speed "humps" and stated that they were 22' long, 3.5" high and tapered down at driveways Discussion ensued and Commissioner Beaver inquired if the residents had been notified. Public Works Director Kosoy indicated that they had not yet been notified. Commissioner Simmons inquired if the "humps" would cause problems for bicycle riders. Public Works Director Kosoy felt they would not cause problems since they were only 3.5" high. Commissioner Waters said he was opposed to the "humps" and stated he did not -think there was a speeding problem, and inquired why Plaza was chosen for speed bumps over other heavily used streets, such as Sherry or East Coast Drive. Commissioner Simmons felt the city should be consistent and have an overall plan or several plans, which differentiate types of streets, to justify installation of speed "humps". , OMMISSIONERS M O T I O N S E C O N D Y E S N 0 Minutes Page -3- November 24, 2003 Commissioner Parsons stated he was not in favor of speed bumps and suggested the city consider other types of traffic calming devices before installing the "humps". iVlayor Meserve stated that the city had a policy in place relative to requests for speed bumps, and since the speed bumps were there before the Core City project, he supported replacing them. Commissioner Waters stated that he would like more information concerning speeding, and the number and location of accidents, excluding Mayport Road and Atlantic Boulevard. Motion: Defer action until the first meeting in January to allow Chief Thompson sufficient time to come back with additional data and other options for traffic calming. Following brief discussion, the motion carried by a three to two vote with Commissioners Parsons, Simmons and Waters voting aye and Commissioner Beaver and Mayor Meserve voting nay. 4. Consent Agenda: Commissioner Beaver requested that Consent Agenda Item 4B be removed for further discussion. A. Acknowledge Receipt of the following monthly report(s): New Occupational Licenses, Public Safety, and Utility Sales Building Department (City Manager) Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. B. Award Annual Contract in the amount of $47,90G.25 to A Native Sun Landscaping for Landscape Maintenance for Public Works and Public Utilities pursuant to the . Specifications of Bid No. 0404-5 (City Manager) Commissioner Beaver inquired concerning the previous year's budget for landscape maintenance. Utility Director Kaluzniak stated that the budget of $46,000 was less than last year because the lift stations were taken out of the bid specifications and would be maintained by city personnel. Commissioner Beaver noted the large price difference between the lowest and next lowest bidder, and inquired if the company's references had been checked. Utility Director Kaluzniak stated that the references were checked. She indicated that the city would monitor the work of a Native Sun and if they 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 -4- November 24, 2003 could not perform the required work, the contract would be cancelled and awarded to the next lowest bidder. Motion: Approve Consent Agenda Item B as presented. The motion carried unanimously. 5. Committee Reports: A. Report from the Tree Conservation Board: " It was announced that the report from the Tree Conservation Board would be given at the next meeting. 6. Action on Resolutions: A. Resolution No. 03-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING THE CREATION OF A STATE- WIDE WATER AUTHORITY, PRIVATIZATION OF WATER RIGHTS, AND THE TRANSPORT OF NORTH FLORIDA WATER RESOURCES TO CENTRAL AND SOUTH FLORIDA; PROVIDING AN EFFECTIVE DATE (City Commission). Motion: Approve Resolution No. 03-17. The Commissioners expressed their complete support of the resolution. Mayor Meserve requested that copies of the resolution be sent to all local legislators. There was no discussion and the motion carried unanimously. Commissioner Waters requested that a resolution be drafted supporting construction of overpasses at the intersections of Atlantic Boulevard at Hodges and Kernan Boulevards. The Mayor suggested the City Commission look at all the data before drafting the resolution and said the JTA may now be of the opinion that only one overpass would be needed and they had not yet decided on which one to build. 7. Action on Ordinances A. Ordinance No. 20-03-63 Public Hearing and Final 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 (City Manager) Motion: Approve Ordinance No. 20-03-63 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. . COMMISSIONERS M O T 1 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 PARSONS X X SIMMONS X WATERS X X MESERVE X BEAVER X X PARSONS X SIMMONS X WATERS X X MESERVE X Minutes Page -5- November 24, 2003 At this time, Mayor Meserve recognized Jacksonville Council Member Art Graham who was in the audience. . Commissioner Parsons inquired concerning the funding for the entrance to the Post Office. City Manager Hanson stated that he spoken to the JTA on several occasions and no decision had been made. He indicated that he would continue to contact them on a regular basis. There was no discussion and the motion carried unanimously, B. Ordinance No. 90-03-184 Public Hearing and First Reading AN ORDINANCE OF T>rIE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ENACTING AMENDMENTS TO THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS 'WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA, SUCH REGULATIONS SHALL BE READOPTED BY REFERENCE AS ARTICLES I THROUGH.IV OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS PREVIOUSLY ADOPTED THROUGH ORDINANCE N0.90-03- 182. THIS ORDINANCE ALSO PROVIDES FINDINGS OF FACT, SEVERABILITIY, REPEAL OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE Motion: Approve Ordinance No. 90-03-184 on first reading. Community Development Director Doerr explained that the proposed revisions were changes mostly to either update provisions ordeal with issues that were previously unclear, insufficiently addressed or inconsistent with Florida law. Mayor Meserve opened the floor for a public hearing. The following citizens spoke concerning the proposed changes: Cutis Sanders of 2320 Barefoot Trace read the definition of family from his Webster's Dictionary, and requested that the Commissioners readdress the definition of "family" found on Page 10 of the ordinance. Dorothy Kerber of 36515` Street requested that the current definition of "family" not be changed. No one else spoke and the Mayor closed the public hearing. Commissioner Beaver said he favored going back to the original definition of family, which stated ..."not to exceed (2) persons". Amendment to the motion: Amend the definition of "Family" to ..." not to exceed t•vo (2)~persons". Commissioner Simmons agreed with Commissioner Beaver regarding the number of family members. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X BEAVER X X PARSONS X X SIMMONS X WATERS X MESERVE X Minutes Page -6- November 24, 2003 Commissioner Waters said he had safety concerns relative to the use of a POD and requested that staff look into their use as construction trailers. A brief discussion of density ensued and it was pointed out that allowable density was established by the Comprehensive plan and did not include roads in the calculation. There being no further discussion, the amendment and main motion carried unanimously. $. Miscellaneous Business A. Authorize the Mayor to Execute an Agreement with Oceanside Rotary Club for Fundraising in Connection with a Proposed Skate Park at Russell Park (City Manager) Motion: Authorize tlic Mayor to e.~cecute an agreement, with Oceanside Rotary Club, for fundraising in connection with a proposed Skate Park at Russell Park. (The Commissioners agreed to amend Page 2 of the agreement to reflect that upon delivery of the funds in full, the park will be named Oceanside Rotary Skate Park). Carolyn Ettlinger, President-Elect of the Oceanside Rotary Club, distributed information relative the club's fund raising of $50,000 for use in the design and construction of the skate park. Ms. Ettlinger requested that the agreement be amended to include on Page 2, that the skate park will be named "Oceanside Rotary Skate Park". There were no objections to the request. It was reported that Commissioner Waters had donated $300.00 and Rotary International had issued a check for $4,700 for the park as part of the 100' Anniversary Celebration of Rotary in February 2004. The motion carried unanimously. B. Report from Bob Kosoy on Roundabout Design for Seminole Road 5-Way Intersection Public Works Director Kosoy reported that two engineering firms, both familiar with the Core City Project; were contacted concerning the feasibility of constructing a roundabout at the five-way intersection. Both of the companies provided reports to the city indicating a roundabout could be constructed there. The reports are attached and made part of this official record as Attachment A. Public Works Director Kosoy further reported that the engineering firms both recommended a Roundabout Justification Study. Mayor Meserve stated that a roundabout would have a significant impact on the intersection but the city needed to consider public safety. He felt OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X PARSONS. X SIMMONS X X WATERS X MESERVE X Minutes Page -7- November 24, 2003 that if the city was going to consider a roundabout, a study should be completed. Motion: Authorize staff to proceed with the Roundabout Justification Study. Commissioner Waters said he understood the problems with the intersection, but he felt there was enough right-of--way to build the roundabout. Commissioner Beaver thought a roundabout would be aesthetically pleasing, but thought there were safety concerns with six unevenly spaced entry points into the roundabout in such a small area. He felt the study would give the city a definitive answer regarding the feasibility of constructing a roundabout. The motion carried unanimously. 9. City Manager There was no report. 10. Reports and/or requests from City Commissioners and City Attorney Mayor Meserve Mayor Meserve introduced Jacksonville Council Member Art Graham, who invited the Commissioners to attend one of his Town Hall Meetings scheduled for 7:00 p.m., Tuesday, December 2°`~ at the Fletcher High School Auditorium and 7:00 p.m., Thursday, December 4`~` at Twin Lakes Middle School in Deerwood. Commissioner Parsons •:• Reported that several citizens had requested that the city parking lots be restriped. Commissioner Waters •'• Reported that he had received a complaint from the restaurants at North Beach Center concerning their garbage service. City Manager Hanson stated that BFI provided good service overall, unless there was a.specific location problem. Public Works Director Kosoy stated that the city would monitor the service, but he felt there were not enough dumpsters for four restaurants at the center. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X PARSONS X SIMMONS X X WATERS X X MESERVE X Minutes Page -8- November 24, 2003 City Manager Hanson •:• Reported that Code Enforcement and the Police had visited the construction site near 352 Second Street and the contractor had been most cooperative with the city. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 8:57 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O