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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, MAY 13, 2002 PRESENT: John Meserve, Mayor 12ichazd Beaver, Mayor Pro Tem Mike Borno Paul Pazsons and 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 offered by Commissioner Waters was followed by the Pledge of Allegiance to the Flag. City Manager Hanson indicated that the city would be using a new audio- video system, which included an overhead projector connected directly to the city's computer network, a VCR and cordless microphone. City Manager Hanson briefly explained the system capabilities and commended Bryan Smith, Network Administrator, for his expertise in its installation. It was pointed out that the in-house installation of the system kept the costs down. L Approval of the minutes of the Regular Commission meeting of March April 22, 2002 Motion: Approve the minutes of the Regular Commission Meeting of Apri18, 2002 as presented. The motion cazried unanimously. 2. Courtesy of the Floor to Visitors: A. Proclamation declaring the week May 13 -17, 2002 as Nursing Home Week in Atlantic Beach Mayor Meserve read the Proclamation in its entirety proclaiming May 13- 17, 2002 as Nursing Home Week in Atlantic Beach. Mayor Meserve presented the Proclamation to Activities Director Dixie Crctiz for display at Fleet Landing. v v d o T T E B S S M S O E T C I O Y O N E IQ N D S Q COMMISSIONERS BEAVER X BORNO R X PARSONS X WATERS X MESERVE X Minutes Page -2- May 13, 2002 B. Proclamation declaring the week May 19 - 25, 2002 as Public Works week in Atlantic Beach Mayor Meserve read the Proclamation in its entirety proclaiming May 19- 25, 2001 as Public Works Week in Atlantic Beach. Mayor Meserve presented the framed document to Public Works Drrector Kosoy and Utilities Director Kaluzniak. Public Works Director Kosoy praised the work of his dedicated employees and thanked the Mayor for the recognition. Dorothy Kerber of 365 First Street spoke concerning Item 8F and expressed concern regazding potential future utility rate increases. Joe Gufford of 13966 Sound Overlook Drive N., Jacksonville, introduced himself and stated that he was a candidate for the District 2 School Boazd Race. Mr. Gufford briefly outlined his campaign platform and urged those present to feel free to contact him at any time. J.P. Marchioli of 414 Sherry Drive stated that he opposed any utility rate increases and suggested a fine of up to $5,000 for littering to offset the .increased costs for utilities. Mr. Marchioli commented on the recent fire on Seminole Road and urged residents to purchase fire extinguishers. He also stated that he would be submitting a petition for stop signs to be installed on Sherry Drive at 3'u and 6`~ Streets to slow traffic on Sherry Drive. Alan Potter of 374 Second Street stated that ten years ago he served on the Water and Sewer Committee, which established the rate structure currently used by the city.. Mr. Potter indicated that the current rate structure was fair and equitable for all the residents of the city.. He felt the rate restructure analysis should be performed in-house. Mr. Potter believed the St. Johns River Water Management District did not have authority to dictate how rates aze set. Bob Totter of 27511`h Street complimented the city for "recycling" the shrubbery from the Adele Grage Community Center property to the tennis courts. Mr. Totter felt the company handling the city's solid waste collection was very efficient and no additional pick-up of yazd waste was warranted (Item 3A). He also felt the utility customers outside the city limits should pay the 5% franchise fee imposed by the City of Jacksonville, not the city's residents (Item 8F). Stephen Kuti of l I32 Linkside Drive stated that extra yard waste was only generated in the fall and spring and an additional pick up was not needed. Mr. Kuti reported that he had spoken to Matt Carlucci, City of Jacksonville Council President, concerning billing irregularities for state OMMISSIONERS M 0 T I O N S E C O N D Y E S N Q Minutes Page -3- May l3, 2002 and local taxes on his AT & T Broadband monthly statement. He reported that the Attorney General was now investigating the company's rate structure. 3. Unfinished Business From the Previous Meetings A. Report and possible action regarding increasing the frequency of garbage collection (Comm. Parsons) Commissioner Pazsons displayed pictures of yard trash which he said were taken the day after collection, which were taken in all azeas of the city. He indicated that he would like the Commission to consider adding another day of yazd trash pick up to eliminate unsightly piles of debris sitting curbside for a week or more. Commissioner Parson believed the extra pick up would add $1.86 to each household's monthly bill. Discussion ensued relative to the actual cost increase. Mayor Meserve felt an additional pick up would not solve the problem, and indicated that he did not want to make residents on Sxed incomes pay forsomething that was not needed. Commissioner Bomo agreed with the Mayor, and indicated that he needed more information on the additional costs. After a brief discussion it was determined that more information on the .related costs for the additional service was needed before taking any action on the request. B. Award contract for Core City Improvements pursuant to the specifications of Bid No. 0102-13 Motion: Award contract to Petticoat Contracting in the .amount of $4,811,777 for the Core City Improvements pursuant to the specifications of Bid No. 0102-13. Public Works Director Kosoy explained that Jensen Civil Construction's. bid was $1.5 M higher than its previous bid.. He indicated that Petticoat. Contracting's bid had increased slightly since all the cost of dewatering was made incidental to all utility and drainage construction and due to the increased costs of PVC pipe. A brief discussion ensued with Commissioner Bomo inquired regazding the staging azea for the project. Utility Director Kosoy indicated that it had not been chosen yet... Public Works Director Kosoy's Staff Report dated May 9, 2002 concerning the bid analysis is attached and made part of this official record as Attachment A. OMMISSIONERS M O T I O N S E C 0 N D Y E S J Q BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page ~4- May 13, 2002 There was no fiulher discussion and the motion tamed unanimously.. C. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on each item of his written report, which is attached and made part. of this official record as Attachment B. Workshop for Budgeting of the Half Cent Sales Tax It was the consensus of the Commission to hold the Workshop on Monday, July 1, 2002 at 5:00 p.m. in the Commission Chambers. 4. Consent Agenda: A. Acknowledge receipt of the following reports for April 2002: Building Department Activity Report, New Occupational Licenses, Public Works Status Report, Recreation Department Report facility usage report and Utility Sales Report (City Manager) B. Award contract to Gruhn May, Inc. in the amount of $24,8'76.50 for Park Terrace East water line replacement pursuant to the specifications of Bid No. 0102-14 and authorize the City Manager to sign the contract documents. Motion: Approve Consent Agenda Items A and B as presented.. Commissioner Waters inquired if the newly paved streets would be dug up for the water line replacement. Utility Director Kaluzniak indicated that the work would not require digging in the streets. Commissioner Beaver thanked Utility Director Kaluzniak for saving the city $10,000 by designing the project in-house. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 02-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH URGING CITIZEN SUPPORT FOR A DRIVE TO MAKE OUR CITY A LEADER IN THE HIGHEST COMMISSIONERS M O T I O N S E ~ O N D .. Y E S N p BEAVER X X BoRNO x x PARSONS X WATERS g MESERVE g ..Minutes Page •5- May 13, 2002 PERCENTAGE OF CITIZENS REGISTERED TO VOTE AND PARTICIPATING IN THE NOVEMBER 2002 ELECTIONS IN DUVAL COUNTY Motion: Adopt Resolution No. 02-09. Mayor Meserve indicated that the Resolution was made in response to a challenge by the City ofNeptune Beach to see which city would have the most registered voters. There was no discussion and the motion carried unanimously. B. Resolution No. 02-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SCHEDULING THE TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR WATER LINES, STORM WATER IMPROVEMENTS AND. STREET IMPROVEMENTS IN SELVA MARINA UNITS 10,10-A, 10-B. 10-C, 11, 12, 12-A, 12-B, AND 12-C REPEAT AND PROVIDING AN EFFECTIVE DATE Motion: Adopt Resolution No. 02-10. It was explained that the date needed to be set to hold the public hearing. It was the consensus of the Commission to hold the public hearing at the Atlantic Beach Elementary School on Monday, July 8, 2002. Commissioner Borno, who chaired the Selva Manna Streets Committee, requested that a tabulation of the results and technical data be provided for the owners of the property to be assessed. There were no further comments and the motion carried unanimously. 7. Action on Ordinances: There was no action on ordinances. 8. Miscellaneous Business: A. Appointments to the Cultural Arts Board (3) (Mayor). Mayor Meserve nominated the three members whose terms expired in April, for reappointment to interim terms on the Cultural Arts Board pending Commissioner Borno's report regarding the future of the board. OMMISSIONERS M O T I O N S E C 0 N D Y E S N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X aoRNO x x PARSONS X WATERS X X MESERVE X Minutes Page -6- May 13, :2002 Motion: Reappoint Eloise Koerber, Kathleen Smith Beaudreau and Janelle Wagoner to interim terms on the Cultural Arts Board. There was no discussion and the motion carried unanimously. B. Public Hearing and action on a request for ause-by-exception filed by Merv and Theresa Russell to permit uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14th Street zoned Commercial General (CG) (City Manager) Motion: Accept the recommendation of the Community Development Board and grant ause-by-exception to Merv and Theresa Russell to allow various uses including general construction contractor, welding, fence assembly, electrical, air conditioning, plumbing and irrigation contractors, cabinet shop, warehousing and general assembly on property located at 589 West 14`h Street zoned Commercial General (CG). (Subject to the following: (1) all equipment, materials, and business activities shall be maintained within the enclosed building; (2) lighting shall be directed on site, and shall not illuminate adjacent residential properties; (3)all business activities and cpmmercial deliveries shall be limited to the hours between 6:00 am and 7:00 pm; and (4) subject to approval of the Public Works Director, a landscape buffer shall be installed along the south property line between the fence and the edge of pavement. Such buffer shall consist of plant materials, which shall form a continuous evergreen hedge). Community Development Director Doerr explained the request while showing videos of the subject property and adjoining neighborhood. Mayor Meserve opened the public hearing. No one spoke for or against the use-by-exception and the Mayor closed the public hearing. Commissioner Parsons felt hours for business operations should be limited to Monday through Friday so as not to interfere with the adjacent residential and church activities on the weekends. Discussion ensued and Mr. Russell stated that he would like to be able to operate until noon on Saturdays. OMMISSIONERS M 0 T I O N S E C O N D Y E S N Q BEAVER g BORNO X X PARSONS X WATERS X X MESERVE % BEAVER g BORNO X PARSONS X X WATERS X X MESERVE g Minutes Page-7- :May 13, 2002 Commissioner Beaver requested that tree mitigation for the site be monitored. Mr. Russell indicated that he was negotiating with the Tree Board concerning the buffer and other plantings. Amendment to the motion: Limit the hours of operation " on the weekend to 6:00 am until 12:00 noon on Saturdays. There was no further discussion and the amendment to the motion and motion carved unanimously. C. Public Hearing and action on a request for ause-by-exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG) (City Manager) Motion: Accept the recommendation of the Community Development Board and approve the use-by-exception filed by Billy and Aileena Witt to allow an automotive service and repair business at 1198 Mayport Road on property zoned Commercial General (CG). Community Development Director Doerr explained the conditions recommended by the Community Development Boazd to allow operation of an automotive service and repair business. Mayor Meserve opened the public hearing. Brenna Durden, representing the Witts, owners of Beach Buggies and 4 x 4's, indicated that they had agreed to the conditions placed on the property and would also like approval for tow trucks to make deliveries to the site at night. She indicated that this might happen ten to twelve times a month. Discussion of nighttime deliveries ensued. Commissioner Bomo felt that this would be covered if the conditions placed on the property by the Community Development Boazd were included in the motion. Amendment to the motion: Include the conditions recommended by the Community Development Board as follows: (1) All equipment, materials, and business activities shalt be maintained within the enclosed building; (2) no more than three customer vehicles and one operator-owned vehicle shall be parked or stored on the site on weekends or at night after normal business hours; and (3) no derelict, junk, .abandoned or inoperable vehicle of any type shall be maintained in any exterior location on this site at any time. OMMISSIONERS M O T I O N S E C O N D : Y E S N Q BEAVER X BORNO X PARSONS X X WATERS X X MESERVE X BEAVER X X BORNO x x PARSONS X WATERS X MESERVE X BEAVER X BDRNO x x PARSONS X WATERS X X MESERVE X Minutes Page -8- May 13, 2002 There being no further comments, the Mayor closed the public hearing. The amendment to the motion and motion carried unanimously. D. Request from Selva Norte Homeowners Association for city water on four medians City Manager Hanson explauied that the Selva Norte Homeowners Association had requested the city waive or reduce the cost of installing a water meter to provide irrigation for four medians located on 20`~ Street, Selva Marina Drive and Mipaula Court. It was reported that previously the Homeowners Association had requested support for the beautification of the medians under the city's Public Beach Access Beautification Program, but were turned down by the Beautification Committee since the medians were not beach access points.. City Manager Hanson pointed out that in recent years the only projects approved for use of city water for irrigation were beach accesses, but in the prior year; various projects were approved for irrigation, which were not beach accesses. A list of those projects is included with the Staff Report dated Apri125, 2002, which is attached and made part of the official record as Attachment C. City Manager Hanson further explained that the St. Johns River Water Management District (SJRWMD) had advised the city to increase its conservation measures and discourage the use of city water for irrigation in the future. City Manager Hanson recommended'that the city prohibit the use of city water for future median or beach access projects if other resources were available. He then provided options for consideration with this request, and suggested that if in the future, the Commission- wanted the city to be involved in median landscaping projects, consideration should be given to rewriting the current Beach Access Beautification Program guidelines to include options for those types of landscaping projects. Discussion of the request ensued. Commissioner Pazsons stated he would like to move forwazd with the project and indicated that the neighbors would allow connection to their existing well-fed irrigation.: system. He felt the city should provide monetary support for the project in the form of a reimbursement grant. OMMISSIONERS M O T I O N S E C 0 N D Y E S N Q Minutes Page -9- May 13, 2002 Commissioner Bomo supported the project, but felt a shallow well should be installed for the irrigation system. He stated that he did not object to the installation of a "Selva Norte" sign, but felt a "Welcome to Selva Norte" sign was inappropriate. Commissioner Beaver indicated that a shallow well would need a power source and he would prefer that the medians be connected to an existing private well. He felt the entire program should be addressed, including beach accesses and medians. Commissioner Waters felt no "Welcome" sign should be placed on city property. He felt the major roads within the city and the beach accesses, which were used by all residents, deserved city attention, but other requests may "open a Pandora's box" for the city. Mayor Meserve agreed with Commissioner Waters in that the request caused a precedent setting problem. He felt that a systematic approach would be to address the rules and guidelines first. Mayor Meserve requested staff to bring back their recommendations for a policy to handle this type of request. He also felt the Homeowners Association request needed to be more defined in order to determine the costs. It was the consensus of the Commission to have staff bring back their recommendations for a policy to handle this type of request. E. Authorize the Police Department to submit an application for Federal Byrne State and Local Law Enforcement Assistance Formula Grant (City Manager) Motion: Authorize the Police Department to submit an application for Federal Byrne State and Local Law Enforcement Assistance Formula Grant. There was no discussion and the motion carried unar-imously. F. Authorize the City Manager to negotiate and sign a contract to perform a water and sewer utility rate. structure analysis (City Manager) Motion: Authorize the City Manager to negotiate and sign a contract to perform a water and sewer utility rate structure analysis. City Manager indicated that the study involved many variables and the city did not possess the expertise to model all of them. He OMMISSIONERS M O T I O N S E C O N D Y E S i] 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 -10= May 13, 2002 indicated that he would like to hire a consultant with a software program to model all of the different scenarios accurately. The City Manager further reported that the SJRWMD required the City to implement water conservation measures and they could revoke the city's consumptive use permit if the changes were not implemented. - Commissioner Borno felt hiring a consultant would be the most efficient way to obtain concise results. Mayor Meserve inquired if such a consulting company would have contact with the SJRWMD to make sure the city's study was going in the right direction. City Manager Hanson responded that he hoped the company selected would be knowledgeable of other cities across the state who had adopted water conserving rates approved by their respective water management districts. He felt this requirement could be included as part of the evaluation ranking criteria. Following brief discussion regarding whether the study could be done in-house, the motion carried by a three to two vote with Commissioners Beaver and Bomo and Mayor Meserve voting aye and Commissioners Waters and Parsons voting nay. 9. City Manager In addition to his written report, which is attached and made part of this official record as Attachment D, City Manager Hanson reported on the following items: • Reported on the destructive fue of undetermined origin at Tideviews Preserve, which destroyed approximately 115 feet of boardwalk and melted a recycled plastic park bench. Photographs of the damage were displayed on the new A/V System. Introduced Gregory T. Nettuno of GAI Consultants who provided a preliminary plan for public involvement during the Core City Improvement Project. A draft copy of the plan is attached and made part of this official record as Attachment E. The company will provide construction management for the city during the project. OMMISSIONERS M O T I O N S E C O N D ' Y E S N Q Minutes Page -11- May 13, 2002 Commissioner Beaver suggested that information concerning the project be e-mailed to as many affected residents as possible. • Reported that due to more stringent testing and quality control standazds, future lab testing would be contracted out. There were no Commission objections to the change recommended by Utility Director Kaluzniak. • Reported that there appeared to be no immediate resolution for the problems experienced with the AT & T Broadband franchise agreement. He indicated that the City of Jacksonville had filed suit against the company due to its poor customer' service. City Manager Hanson suggested that the city join with the City of Jacksonville to engage the services of Attorney Matthew Leibowitz, an expert in cable franchise agreement negotiations, to obtain the best protection for Atlantic Beach citizens. The blended rate for his law firm was reported to be $200 per hour. The Commission concurred with the recommendation. • Reported that the backlog of Building Department Plan Reviews caused by implementation of the new Florida Standazd Building Code had been caught up. City Manager Hanson commended Building Official Ford for his hazd work to bring this about. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Reported on the Adele Grage Community Center fundraiser (Demolition Party) held on Saturday, May l la', :and thanked staff for their assistance with the party. • Thanked Jacksonville Beach Commission Member Art Graham for the wonderful Mother's Day concert at the Seawalk Pavilion. Commissioner Borno • Thanked the Public Works Department for their work, which was evident throughout the city. • Suggested the use of reusable speed bumps on Sherry and Sailfish Drives. OMMISSIONERS M O T I 0 N S E C O N D Y E S ll Q Minutes Page -12- May 13, 2002 Commissioner Waters • Stated he would like to discuss the second block of Ocean ..Boulevard at a workshop meeting. • .Inquired as to how to satisfy the Mazsh Oaks Neighborhood Association's wish list. Mayor Meserve suggested that it be included and evaluated in the city's. strategic plan. City Manager Hanson indicated that several of the items on the list were already completed. • Reminded the Commissioners that Dancing in the Street would be held on Saturday, May 18, 2002. Mayor Meserve • Reported that the Metropolitan Planning Organization (MPO) had committed $125,000 for the design of medians on Mayport Road. • Reported that the negotiations with the Post Office to open the entrance from Plaza were continuing. • Reported that after reading correspondence from Aage Schroeder, District Manager of the Florida Department of Transportation, he did not feel the FDOT would lower the speed limit on Mayport Road. There being no further discussion or business to come before the City Commission, the Mayor declazed the meeting adjourned at 9:40 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 ~ O