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Minutes - 01-14-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMIDiOLE ROAD AT 7:15 P.M. ON MONDAY, JANUARY 14, 2002 PRESENT: John Meserve, Mayor Mike Borno Paul Pazsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk ABSENT: Richard Beaver, Mayor Pro Tem Mayor Meserve called the meeting to order at 7:15 p.m: The Invocation given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Approval of the minutes of the Regular Commission meeting of December 10, 2001. Motion: Approve the minutes of the Regular Commission Meeting of December 10, 2001 as presented. The motion carried unanimously.. 2. Courtesy of the Floor to Visitors: Alan Potter of 374 Second Street felt that the redesign and construction engineering services for the aerated sludge holding tank at Wastewater Treatment Plant No. 2 (Item 8E) should have been included in the original redesign fee chazged by Eder and Associates. Mr. Potter also believed that an excessive amount of time was being taken. to complete the Sherry Drive reconstruction project and felt the new completion date of Mazch 31st should be investigated. 3. Unfinished Business from Previous Meeting A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson briefly reviewed each item of his written report; which is attached and made part of this official record as Attachment A . v v 0 0 T T E E S s M S O E T C I 0 Y 0 N E N N D S O COMMISSIONERS BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -2- January 14, 2002 During the review of the report, discussion ensued concerning increasing the frequency of yard trash collection from once a week to twice a week. Commissioner Parsons felt the added cost of $1.86 per month per residence was very reasonable and indicated that many citizens had contacted him concerning providing twice a week service. Following brief discussion it was the consensus of the Commission to conduct the. survey and bring the results back to the City Commission at a future meeting. In addition to the City Manager's written report, Utility Director Kaluzniak gave a status report on the connection schedule for the new water main on Sherry Drive. It was reported that the connections would be made during nighttime hours and boil water notices delivered to each residence. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Occupational License, Public Works, Recreation and Utility Sales Departments (City Manager) Mayor Meserve requested that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. B. Award a contract to Milestone-Carlo in the amount of $317,472.60 for paving, drainage, water and sewer improvements of the Selva Marina Streets pursuant to the specifications of Bid No. 0102-1 (City Manager) Motion: Award a contract to Milestone-Carlo in the amount of $317,472.60 for paving, drainage, water and sewer improvements of the Selva Marina Streets pursuant to the specifications of Bid No.-0102-1. Commissioner Borno requested that the previously discussed cost ratio of 60-40% be maintained so that the homeowners could share in the savings. It was the consensus of the Commission that the ratio be maintained. Commissioner Waters suggested that the city contact Milestone-Carlo concerning paving of Dewees Avenue (Item 8C) at the same cost. OMMISSIONERS M O T I O N S E c 0 N D Y E S N 0 BORNO PARSONS WATERS MESERVE BORNO X X PARSONS WATERS X X MESERVE X Minutes Page -3- January 14, 2002 There was no further 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. 45-O1-16 Public Hearing and Final Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20-59, SCHEDULE OF FEES; AND PROVIDINGAN EFFECTIVE DATE Motion: Adopt Ordinance 45-01-16 on final reading. Mayor Meserve opened the public hearing and called for comments from those present. No one spoke for or against the proposed ordinance, and the Mayor closed the public hearing. There was no discussion and the motion carried unanimously. B. Ordinance No. 80-O1-64 Public Hearing and Final 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 ADNST 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: Adopt Ordinance No. 80-Oi-64 on final reading. Commissioner Waters requested clarification of Section 22-4 (c). City Manager Hanson explained the due date extension covered by the section. Commissioner Waters felt staff should have the flexibility to OMMISSIONERS M 0 T I O N S E c 0 N D Y E S N Q BORNO X X PARSONS X X WATERS X MESERVE X BORNO X ~ X .PARSONS X WATERS X X MESERVE X Minutes Page -4- January 14, 2002 extend the cut-off date. He also felt the ordinance should be retroactive six months to further assist those customers who demonstrated a hardship. Mayor Meserve requested that Finance Director VanLiere provide a six months follow-up report to the Commission on the outcome of implemehting the ordinance. There was no further discussion and the motion carried unanimously. C. Ordinance No. 90-02-171 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE PRESENT ZONING CLASSIFICATION OF OPEN RURAL (OR) TO SPECIAL PURPOSE (SP); MAHING FINDINGS OF FACT; PROVIDING FOR SPECIAL CONDITIONS; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE Motion: Defer action on Ordinance No. 90-02-171 to consider issues raised by the attorney representing radio station WQOP. Mayor Meserve indicated that he would like to discuss the issues raised by Steve Diebenow, Attorney for radio station WQOP, before adopting the rezoning ordinance. Mr. Diebenow's letter dated January 7, 2002, is attached and made part of this official record as Attachment B. Commissioner Waters indicated that he was concerned with signage and allowable building heights for the site. He felt a 35' building and large sign would obstruct the view of the marsh. Mayor Meserve opened the public hearing. Mr. Diebenow provided the Commissioners with his telephone number and indicated that he would be happy to discuss any of the proposed changes to the ordinance with them. No one else spoke, and the Mayor closed the public hearing. There was no more discussion and the motion carried unanimously. D. Ordinance No. 10-02-21 Introduciion and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 3, ALCOHOLIC OMMISSIONERS M O T I O N S E C 0 N D '. Y E S N O BORNO X X i PARSONS X WATERS X MESERVE X X Minutes Page -5- January 14, 2002 BEVERAGES, SEC. 3-2 HOURS OF SALE, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 10-02-21 on first reading. Mayor Meserve briefly explained the ordinance and indicated that the final reading and public hearing would be held January 28; 2002. Commissioner Borno indicated he did feel the change was needed. Commissioner Parsons indicated that Ragtime and Sea Turtle restaurants had requested the change to conform with the City of Neptune Beach's Sunday hours of sale. He reported that the restaurants felt they were losing business because of the city's more restrictive ordinance. There was no further discussion and the motion carried by a three to one vote with Mayor Meserve and Commissioners Waters and Parsons voting aye and Commissioner Borno voting nay. 8. Miscellaneous Business: A. Approval of Final Plat for Hidden Paradise Subdivision Community Development Director Doerr explained that the applicant had agreed to make the final revision to the plat and extend the fifty (50) footright-of--way on Laurel Way to West 14~' Street. The change will be made prior to recording the plat. Motion: Approve and accept the final plat for Hidden Paradise Subdivision subject to the above listed change and authorize the Mayor to sign the document for recording. Community Development Director Doerr noted for the record that the plat was a replat of a portion of the Section H subdivision. Commissioner Waters felt the subdivision would be a great asset to the city. There was no further discussion and the motion carried unanimously. B. Appeal filed by Michael Dunlap, of the denial of a variance by the Community Development Board for property located at 41 Sixth Street (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N q BORNO X PARSONS X X WATERS X MESERVE X X BORNO X PARSONS X X WATERS X X MESERVE X Minutes Page -6- January 14, 2002 Mayor Meserve requested an opinion from City Attorney Jensen concerning the legality of the Community Development Board action in denying the variance request. Mayor Meserve indicated that the only reason the Commission could hear the appeal would be if the Community Development Board took illegal action in denying the request. City Attorney Jensen indicated that the ordinance required that a duly verified petition be presented to the Commission setting forth that the decision of the Community Development Board was illegal in whole or in part, and must state the grounds of the illegality. Discussion ensued concerning the basis for the appeal, which was based on confusion over whether or not the subject property should be considered a "corner lot". City Attorney Jensen advised that the Commission could hear the appeal, but if the Commission determined that it was not properly presented because it was not a verified petition, the Commission could. deny the appeal on those grounds. However, City Attorney Jensen further advised that if the Commission wished to address the merits of the appeal; the Commission could proceed with the hearing. In presenting his appeal, Mr. Dunlap questioned the procedure followed at the Community Development Board meeting and indicated that the Chairman of the Board had caused confirsion when he indicated that the property was considered to be a comer lot. Mr: Dunlap felt this created a legal error since there was no basis for the lot to be considered a corner lot, and the Board may have denied the variance based on this misinformation and confusion over whether the five foot setback or the fifteen foot setback for a comer lot should prevail. Discussion ensued. Commissioner Waters pointed out that at one time the beach was considered a street and was called "The Strand". He believed that the property should be considered a corner lot. Motion: Send the request back to the Community Development Board for clarification of the circumstances surrounding the denial of the variance request. Mr. Dunlap indicated that he did not wish to reappear before the Community Development Board, and requested that the Commission decide based on the merits of his appeal. Further discussion ensued and the motion and second were withdrawn. Motion: Uphold the decision of the Community Development Board and deny the appeal based on the fact that it did not OMMISSIONERS M O T I 0 N S E C O N D Y E S N Q BORNO X PARSONS X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -7- January 14, 2002 meet the legal criteria for an appeal of a Community Development Board decision. Commissioner Waters concurred with the decision of the Community Development Board to deny the variance request, and indicated there was no merit for the appeal based on the legality of the denial. Mayor Meserve also felt there was no evidence that the Community Development Boazd acted illegally in making their decision. Commissioner Waters requested that a decision be made as to whether or not the beach should be considered a road. He felt the beach was still being treated as a road and a discussion should be held to determine the ramifications of this consideration. Community Development Director Doerr indicated that there was no current interpretation in the zoning ordinance that would consider the oceanfront lots adjacent to the beach access rights-of--way to be corner lots. She further indicated that if it was the intention of the Commission to consider them as such, the current regulations would have to be - amended. Commissioner Borno felt that in the past it had been presumed the lots were corner lots, but the actual written ordinance did not support this. He felt that if it was an issue worth changing, then staff should address this issue. Community Development Director Doerr pointed out that the side yazd setback requirements would have to be changed from five to fifteen feet if they were considered to be corner lots. Discussion ensued concerning the interpretation of "through lots" and "double frontage lots." After fisher discussion, Community Development Director Doerr requested Commission direcfion in this matter and specifically inquired if the language in the code should be amended to eliminate interpretation of how the lots aze to be treated. Mayor Meserve requested that Community Development Director Doerr bring back a "reminder" of what was just passed in the new zoning code, and if the Commission felt that the code should be amended, direction would be given at that time. There was no further discussion and the motion carried. unanimously. C. Action on a request filed by Kelly Elmore for improvements to the Dewees Avenue area (City Manager) OMMISSIONERS M 0 T I O N S E c O N D Y E S N 0 Minutes Page -8- January 14, 2002 Motion: Defer action on the request, allow Mr. Elmore to speak and schedule a public meeting to receive input from the residents of the area affected by the request. Mr. Elmore reviewed his proposal with the Commission using a Powerpoint presentation to emphasize the areas of improvement. Commissioner Waters felt that part of the charm of the area was its tree canopy and expressed concern that if the city gave the abandoned right-of- way to adjacent property owners, the trees might be cut down. A brief discussion ensued concerning the condition of the streets. Gerald Vermey of 65 Shell Street stated that he enjoyed the quaint and charming azea and wished to maintain the trees and unpaved roads. He felt the road should be crowned and the potholes eliminated. He also felt that the name "Marvin's Gazden" should be maintained for the proposed park. Barbara Mears of 1604 Coquina Place stated that she also enjoyed the tree canopy and unpaved roads. She indicated that she would like to see the road improved, but not paved with asphalt. Ms. Mears also commented that all of her neighbors on Shell Street and the residents of the condominium brought their garbage to Coquina Place for pick up. Bill Permenter of 78 Dewees Avenue supported road improvements and indicated that he would like to participate in a public meeting . Sandra Martin of 44 Dewees Avenue stated that she supported the improvements, but did not want the street to be thirty feet wide. Mayor Meserve expressed concern for giving away right-of-way, and stated he did not want to set a precedent by doing so. Other issues mentioned were possible access problems if part of the right-of--way was made into a pazk, and property liability. Discussion ensued concerning scheduling a meeting for public input on the proposal, similaz to the Selva Marina Streets Committee. There was no more discussion and the motion carried unanimously. D. Approval of the restructuring of the Public Ufilities Department, including funding of position reclassifications and/or upgrades (City Manager) OMMISSIONERS M 0 T L O N S E C O N D Y E S N Q BORNO PARSONS. WATERS X MESERVE Minutes Page -9- 7anuary 14, 2002 Motion: Approve the restructuring of the Public Utilities Department, including funding of position reclassifications and/or upgrades as recommended. Commissioner Borno supported the restructuring and felt it was important for the plant operators to be cross-trained. There was no discussion and the motion carried unanimously. E. Award contract to Gannett Fleming, Inc. in the amount of $30,066 for the redesign and construction engineering services for the aerated sludge holding tank at Wastewater Treatment Plant No. 2 and authorize the City Manager to sign the contract (City Manager) Motion: Award contract to Gannett Fleming, Inc. in the amount of $30,066 for the redesign and construction engineering services for the aerated sludge holding tank at Wastewater Treatment Plant No. 2 and authorize the City Manager to sign the contract.. Commissioner Waters inquired as to the necessity of redesigning the aerated sludge holding tank. Utility Director Kaluzniak provided background information as listed in her Staff Report, which is attached and made part of this official record as Attachment C. Tank maintenance was discussed. John Dockery of Gannett Fleming explained that the two tanks to be replaced had expended their useful life. He indicated that the replacement tanks would be constructed in bolted sections, which would allow for replacement/repair of asection, as opposed to the whole tank, and would have a useful life of twenty years. There was no more discussion and the motion carried unanimously. 9. City Manager Reports: City Manager Hanson summarized his written report (Attachment D) and updated the Commissioners on the following item(s): Reported that a Change Order in the amount of $8,362 had been issued for the Sherry Drive Reconstruction Project to move the new force main due to a conflict with a storm drain. Payment will come from the contingency for the project. • Reported that due to the termination of the Jaycee bus stop bench agreement, sixteen (16) benches at a cost of $400 per OMMISSIONERS M O T I O N S E c" O N D Y E S N Q BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -10- January 14, 2002 bench would be ordered to replace the current bus stop benches. • Reported that the city would not be receiving any recycling grant money from the City of Jacksonville this year and indicted that the $6,500 for replacement recycle bins would be included in the mid-yeaz budget adjustment. Reported that a Hazardous Waste Collection Day would be held in the parking lot at City Hall on Saturday, Mazch 16, 2002. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Parsons • Reported that he would like to project progress signs to be erected at major projects. Commissioner Waters • Referenced the second and third paragraphs on page one of Ordinance No. 90-02-171 (Rezoning of the WQOP Queen of Peace Radio Station property) and indicated that he disagreed with the language of those paragraphs. Referenced a letter he had received concerning paint specifications in the bid to repair and paint elevated water tank No. 1, and inquired regarding the bid specifications mentioned in the letter: City Manager Hanson explained the city hired a consultant who put together the specifications for the paint to be used on the tank. It was further explained that this was done in order to avoid problems experienced in the past regazding which paints met the required specifications. Utility Director Kaluzniak indicated that all paint must meet specifications set forth by the EPA, NACE and ASTM. She indicated that it was a complicated process to make sure each. type of paint met the three requirements. • Referenced a letter received from Richard Valerian, 1164 Linkside Drive, concerning light shining from the water treatment plant on their home and asked if something could be done to alleviate the problem. OMMISSIONERS M O z I 0 N S E C O N D Y E S N O Minutes Page -11- January 14, 2002 Utility Director Kaluzniak explained that the lights had been fumed off, but after September 11, 2001, they were turned back on for security purposes, as recommended by the Federal Government. She indicated that the lights were shielded and mounted lower than standard security lighting. The Valerians were the only area residents who complained. Inquired as to the Sherry Drive completion schedule and the cause for the delays: City Manager Hanson responded that the logs buried under the road and the fact that the city did not want the water fumed off during the holidays had caused delays with the project: He felt the contractor was doing a reasonable job of staying on the job given the circumstances.. Public Works Director Kosoy stated that BellSouth had caused a major delay in the project, and the completion date was now extended to the beginning of May. It was reported that laying the stormwater line could be completed in a reasonable amount of time, but if BellSouth did not continue to relocate their phone line, it would cause further delays. Mr. Kosoy reported that BellSouth had not been very cooperative from the beginning of the project. He indicated that he would be meeting with their representatives on Wednesday, and they had been informed that if the lines were not moved horizontally, the city would back-charge them for the delays charged to the city by the contractor. • Reiterated his concerns regazding the rezoning of the radio station property and cautioned staff to protect the city's interests: Mayor Meserve Inquired if one of the Commissioners wished to head the committee to study and coordinate Mr. Elmore's request. It was agreed that the committee would be patterned after the Selva Marina Streets Committee that was chaired by Commissioner Borno. Commissioner Waters volunteered to chair the committee. Reminded the Commissioners of the following: (1) That strategic planning would begin in two months and priorities needed to be set, (2) The 5% surcharge on the Buccaneer Plant would be due in April and a decision had to be made as to how it would be handled, and (3) a decision was needed OMMISSIONERS M O T I O N S E C O N D Y E S N q Minutes Page -12- January 14, 2002 regazding a contribution to the Beaches Historical Society for its survey of historical buildings.. • Commented that someone needed to attend the upcoming beach renourishment meeting. • Reported that Debra Igou, Director of the City of Jacksonville Parks and Recreation Department, would visit city parks on Friday morning. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:45 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen K1ng Certified Municipal Clerk OMMISSIONERS M. O T I O N S E c O N D Y E S N q