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Minutes - 12-10-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, DECEMBER 10, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno , Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Borno was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meetings of November 26, 2001 Commissioner Borno requested that a scrivener's error in the last paragraph on page 8 be corrected. Motion: Approve the minutes of the Regular Commission Meeting of November 26, 2001 as corrected. The motion carried unanimously. 2. Courtesy of the Floor to Visitors: A. FDOT presentation regarding Mayport Road Traffic Richard Coffman and Jim Scott of the Florida Department of Transportation presented the findings of their Mayport Road Bicycle/Pedestrian Safety Study. It was reported that the primary focus of the study covered the azea of Mayport Road from Atlantic Boulevard to Church Road. Crash statistics were provided and corrective measures were explained in detail, included possible engineering, education and enforcement solutions. The study is attached and made part of this official record as Attachment A. V V 0 O 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 g BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -2- December 10, .2001 Mayor Meserve, who serves on the MPO, felt some funding might be available for the construction of medians, as well as beautification of Mayport Road, and stated that he would put the item on a future agenda of the MPO. B. Mary Watson of the Beaches Area Historical Society with a presentation regarding a Historic Buildings Project Mazy Watson spoke concerning the Beaches Area Historical Society's application for a grant in the amount of $31, 700 to provide for a survey of structures over fifty years old in the cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach. Ms. Watson indicated that after the survey was completed, historical markers would be available for purchase with the proceeds being used to publish a history book of the area for use by the beaches elementary schools. A narrated video showing the history of the area would also be produced. Ms. Watson stated that she was requesting monetary support from each of the beaches cities and indicated that the City of Atlantic Beach's share would be $2,146. A brief discussion ensued and Commissioner Waters suggested that the city pay for its own historical mazkers. Mayor Meserve indicated that the request would be brought back after completion of Commissioner Borno's study addressing contributions to charitable organizations. C. Ken Crevling of Urbanomics, with a Report on their Feasibility Study Regarding a Community Center Mr. Crevling outlined the key findings of the Atlantic Beach -Neptune Beach Area Community Center Feasibility Study. Mr. Crevling indicated that the study showed a high level of support for a community center. A copy of the feasibility study is attached and made part of this official record as Attachment B. Mayor Meserve reported that the theater adjacent to the Pic `N Save building had been sold and he would investigate the possibility of a joint venture with the new owners to develop the site. It was the consensus of the Commissioners to hold a Workshop Meeting after the first of the yeaz to further discuss the findings of the study. Victor Dorbu of D & L Enterprises presented a proposal for an affordable housing duplex development located on Jackson Road. He indicated that the development would be called La Bahia De Las Palmas. OMMISSIONERS M O T I O N S E C O N D Y E S N Q Minutes Page -3- December 10, 2001 A brief discussion ensued and Mayor Meserve commended Mr. Dorbu for the vision to bring the development to the area. J. P. Marchioli of 414 Sherry Drive commended the City Manager for the timely manner in which the washouts on Sherry Drive were filled in with limerock. He also expressed concern that the proposed modifications to the Fleet Landing weir would be too costly and would not achieve the desired results. He felt it would be less expensive to use dams, pumps and backflow preventers. 3. Unfinished Business from Previous Meeting A. City Manager's Follow Up Report on Issues from Previous Meeting City Manager Hanson briefly reviewed each item of his written report, which is attached and made part of this official record as Attachment C. In addition to his written report, City Manager Hanson provided the following information: Distributed a revised map showing the city-owned property adjacent to Jordan Park. Reported that he-had spoken with former Commissioner Mitchelson concerning the Beach Renourishment Conference in Biloxi, Mississippi in January and was informed the September conference was better in that it dealt with policy rather than the technical aspects of beach renourishment. He suggested that one of the Commissioners might wish to attend the September conference. • Reported that the Corps of En~ineers bid opening had been postponed from December 18t to the 27~' in order for them to survey how much beach sand had been lost during recent storms. He indicated that he would keep the Commissioners informed. • Reported that Jacksonville Mosquito Control had been unable to do .aerial spraying prior to December 6`i' due to high winds. • .Public Works Director Kosoy reported that the Sherry Drive project had experienced further delays since the contractor could not complete his work until BellSouth moved their telephone lines. He also reported that the remaining connections to the waterlines. would be made after the holidays. OMMISSIONERS M O T I O N S E C O N D Y E S ~' Q Minutes Page -4- December 10, 2001 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Code Enforcement, Occupational License, Public Safety and Public Works Departments (City Manager) B. Approve aOne-Year Extension of the Welding Contract with Viaplex, Inc., at the Current Contract Prices (City Manager) Motion: Approve Consent Agenda Items A and B as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 60-Ol-il Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DWAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE. FOR THE TREATMENT OF NON- CONFORMING SIGNS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE (City Commission) Motion: Approve Ordinance No. 60-01-11 on final reading. Mayor Meserve opened the floor for a public hearing and invited comments from the audience. No one spoke for or against the ordinance and the Mayor closed the public hearing. There was no discussion and the motion carried unanimously. B. Ordinance No. 45-O1-16 Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING OMMISSIONERS M O T I O N S E C O N D Y E S N 0 BEAVER X X BORNO X PARSONS X WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -5- December 10, 2001 SECTION 20-59, SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance 45-01-16 on first reading. Mayor Meserve explained that the ordinance would delete the requirement for City Commission approval of car washes and indicated that the public hearing for the ordinance would be held Januazy 14, 2002. There was no discussion and the motion carried unanimously. C. Ordinance No. 80-01-64-Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22, UTILITIES, ARTICLE I, IN GENERAL, SECTION 22-3 VOLUNTARY COLLECTION PROGRAM/TRUST FUND TO ASSIST NEEDY WITH UTILITY BILLS, CHANGING REQUIREMENTS ON THE CONTRACT FOR SERVICES; AMENDING SECTION 22-4, AUTHORITY TO ADJUST CHARGES IN APPROPRIATE CASES, ADDING PROVISIONS TO EXTEND DUE DATES AND WAIVE PENALTY CHARGES IN APPROPRIATE CASES UNDER CERTAIN CIRCUMSTANCES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 80-01-64 on first reading. Commissioner Waters inquired concerning the changes in Section 22- 3 of the ordinance and asked if Commission approval should be required. Finance Director VanLiere responded that the amount of money for the Voluntary Collection Program was less than $10,000 and Commission approval had not been given in the past. Following a brief discussion the Mayor indicated that the final reading and public hearing would take place on January 14, 2002 There was no further discussion and the motion carried unanimously. 8. Miscellaneous Business: OMMISSIONERS M 0 T I O N S E c O N D Y E S N O BEAVER X X BORNO X .PARSONS X X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -6- December 10, 2001 A. Appointments to the Community Development Board Mayor Meserve indicated that he would like to reappoint Steven Jenkins and Craig Burkhart to four-year terms on the Community Aevelopment Board. Motion: Reappoint Steven Jenkins and Craig Burkhart to four-year terms on the Community Development Board. There was no discussion and the motion carried unanimously. B. Authorize the Mayor to sign the Memorandum of Agreement for "Duval Prepares" Community-based Hazard Mitigation Planning Project (City Manager) Motion: Authorize the Mayor to sign the Memorandum of Agreement for "Duval Prepares" Community-based Hazard Mitigation Planning Project. Commissioner Waters commented that citizens should be appointed to the committee to protect "the little guy". There was no further discussion and the motion carried unanimously. C. Authorize the City Manager to execute the contract with Waitz & Moye to complete the Permit Renewal Studies for Wastewater Treatment Plant No. 2 in an amount not to exceed $16,000, under their continuing contract (City .Manager) Motion: Authorize. the City Manager to execute the contract with Waitz & Moye to complete the Permit Renewal Studies for Wastewater Treatment Plant No. 2 in an amount not to exceed $16,000, under their continuing contract. There was no discussion and the motion carried unanimously. D. Approve increasing the budget by $3,224 for the purchase of a lifeguard truck Motion: Approve increasing the budget by $3,224 for the gurchase of a lifeguard truck. There was no discussion and the motion carried unanimously: 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 WATERS X X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -7- December 10, 2001 E. Approve donation of bicycles from the Police Department to .charitable organizations for distribution to needy children (City Manager) Motion: Approve donation of bicycles from the Police Department to charitable organizations for distribution to needy children. There was no discussion and the motion carried unanimously. F. Authorize the Purchase of M-26 Advance Triers for the Police Department at a Cost of $28,000 (City Manager) Motion: Authorize the purchase of M-26 Advance Triers for the Police Department at a cost of $28,000. Following brief discussion and the motion carried unanimously. 9. City Manager Reports: City Manager Hanson summarized his written report and updated the Commissioners on the following item(s): Reported that the City of Jacksonville was unwilling to waive the proposed 5% franchise fee, which applied to water and sewer customers outside the city limits of Atlantic Beach. He further indicated that the effective date of the Jacksonville Franchise Ordinance would be changed to Apri12002, which would give the Commission time to decide whether or not to pass along the franchise costs to water and sewer customers. The City Manager's report is attached and made part of this official record as Attachment D. Mayor Meserve stated that he was not in favor of passing along the additional 5% to customers who were already paying a 25% fee and requested the Commission consider absorbing some of the $125,000 fee. Commissioner Beaver requested information concerning how the 25% fee was established. He felt the information would aid in the decision making process. A. Report on effluent copper permit limitations at Wastewater Treatment Plant No. 2 Donna Kaluzniak, Utilities Director, explained that the Department of Environmental Protection (DEP) had included an administrative order (AO) as part of the permitting process OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER X BORNO X x PARSONS X WATERS X X MESERVE X BEAVER X X BORNO X x PARSONS X WATERS X MESERVE X Minutes Page -8- December 10, 2001 because previous monitoring indicated an elevated level of copper in the effluent. The AO also required quarterly monitoring and set a December 31, 2001 deadline to meet the permitted level of copper: Utility Director Kaluzniak indicated that staff and Waitz and Moye personnel had met with the DEP and they agreed to extend the deadline in order to allow the city to explore options to meet the copper limitation requirement. Ms. Kaluzniak's report is attached and made part of this official record as Attachment E. B. U.S. Lifesaving Association National Certification • Chief Thompson explained that extensive training was involved in receiving this certification, which allowed the city to provide a higher level of service. He further reported that Atlantic Beach was one of a few seasonal agencies in the United States to receive this certification. C. Boat Parking -Residential side lot line requirement Community Development Director Doerr stated that she wished to clarify the Commission's intent concerning the requirements for parking of boats, boat trailers and recreational vehicles in residential zoning districts and explained the current setback requirement relative to the side lot line on corner lots. Commissioner Beaver stated that he would like to amend the ordinance relative to side yard pazking and requested that enforcement be suspended pending the amendment. It was the consensus of the Commission that Section 24-163 (b)(2) of the ordinance be amended to delete the 15-foot setback requirement for side yards on corner lots. Community Development Director Doerr was directed to draft an ordinance reflecting the change. It was reported that the bids for the Selva Manna Streets Improvements Project were unacceptable due to technical problems. Staff is working with the low bidder to resolve the problems and this matter will be brought back to the City Commission in Januazy. 10. Reports and/or requests from City Commissioners and City Attorney OMMISSIONERS M O T I 0 N S E c O N D " Y E S N Q Minutes Page -9- December 10, 2001 Commissioner Beaver • Suggested that the Community Centers mentioned in the Urbanomics report be contacted to receive their input on any specific issues or anything they would have done differently relative to the operation of a community center. Commissioner Borno • Inquired concerning the unpaid taxes on the Selva Marina Streets. City Manager Hanson indicated that the city had submitted the required documents to the City of Jacksonville and was waiting for their response. Requested that the two most populaz chairs be brought back and a decision made relative to replacing the Commissioners' chairs. Commissioner Parsons • Indicated that he had been informed that local businesses were losingbusiness to Neptune Beach because the city's alcoholic beverage law was more stringent. He suggested amending Atlantic Beach's ordinance to conform with Neptune Beach. Chief Thompson explained the ordinance from each city. Mayor Meserve requested that the amended ordinance be brought back in Januazy. Indicated that he would like the Commission to consider going back to twice a week yard waste pick up. Commissioner Waters • Suggested that the Mayor discuss with Mayor Delaney the possibility of putting up Christmas decorations on Atlantic Boulevazd with costs being shared with Jacksonville, Neptune Beach and Atlantic Beach. • Requested that the land the city swapped with Beaches Habitat be incorporated into Jordan Park to prevent any fixture sale of .the property. He indicated he would follow-up on this matter. • Inquired if something could be done to alleviate flooding of Seminole Road and Atlantic Boulevard and was advised that it would be addressed in the Stormwater Master Plan presently under development. OMMISSIONERS M O T I O N S E C O N D Y E S N Q Minutes Page -10- December 10, 2001 Mayor Meserve • Reported that a CRA Study would be conducted for Mayport Road beginning in January and would take approximately nine months to complete. • Reported that the three beaches cities were looking toward establishing community-wide bike paths. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:35 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O z I O N S E c O N D Y E S N O