Minutesr~
F _ _
~.
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, AUGUST 26, 2002
.~
„,
PRESENT: John Meserve, Mayor
~"'~ Richard Beaver, Mayor Pro Tem
. Mike Borno
'- Paul Parsons
Ys
~""", Dezmond Waters, Commissioners -
w
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 Beaver, was followed by the Pledge of Allegiance
to the Flag.
~,
~: u
~" ~ 1. Approval of the minutes of the Regular Commission meeting of
~,,, August 12, 2002
x,;
`" Motion: Approve the minutes of the Regular Commission"
„~ Meeting of August 12, 2002 as presented.
~s
~ ' The motion carried~unanimously.
2. Courtesy of the Floor to Visitors:
,~ Alan Potter of 374 Second Street spoke in opposition to Item 4C -Lift
Station "B" Upgrade as an improper use of public funds. He felt
construction of a twelve-inch diameter parallel force main on Plaza to the
wastewater treatment plant -would provide greater capacity than the
proposed upgrade, would be easier and less costly to construct and was a
proper use of funds. Mr. Potter distributed copies of a letter addressing
n _ these issues to the Commissioners.
Sally Clemens of 1632 Park Terrace West spoke concerning the
rb following sections of the Sign Ordinance (Item 7A): (1) Section 17-3
~: (b)(10) severely limited those people shopping garage sales from finding
the location of the garage sale, (2) Section 17-6 (e) felt the requirement to
display a street number should include the size of the number, and (3)
:_:: Section 17-12 (12) prohibiting vehicle signs was an infringement on
personal rights.
V V
O Q
T T
E ~
s s
M S
O E
T C
I O Y
O N E N
N' D S Q
COMMISSIONERS
BEAVER X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
r~
;;
~..
t,
'"'"'` Minutes Page -2-
August 26, 2002
Dorothy Kerber of 365 1St Street felt the definition of vehicle signs
found in Section 17-2 of the ordinance was too vague and inquired if
political signs taped to car windows would be allowed.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings,,
r-
Animal Control Officers
,~, City Manager Hanson introduced Brandi McGrath and Kelly Doering, the
city's new Animal Control Officers.
~., .City Manager Hanson briefly reviewed each item of his written report,
fi which is attached and made part of this official record as Attachment A.
~;
Contribution to the Fletcher High School Band
~. ,
It was suggested that in lieu of making a direct monetary contribution to
~, the band, the band could hold acity/public carwash as a fundraiser with
the city guaranteeing a certain number of city vehicles, or the city could
pay the band to present a brief concert at Jack Russell Park.
~^* Commissioner Waters stated he would follow-up on this matter with the
. school.. It was the consensus of the Commission to place this item on the
next agenda.
t'
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building,
~" Parks and Recreation and Utility Sales (City Manager)
~.-
Commissioner Borno requested that Item B be removed from the
"' Consent Agenda and Mayor Meserve requested that Item C 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. Approve an extension of the beach cleaning contract with
. Beachcombers for one year in the amount of $35,800 (Bid
-No. 0001-21) (City Manager)
„~ Commissioner Borno inquired if the contract contained a specified
time for raking the beach so as not to conflict with the work of the
Sea Turtle Patrol. City Manager Hanson indicated that there was a
,,,~ verbal agreement that the raking would be done after 10:00 a.m.
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 X
WATERS X
MESERVE X
F..
~.......
'^ Minutes Page -3-
._ August 26, 2002
Commissioner Borno stated that he would like the agreement to be
amended to include that the raking would be done after 10:00 a.m.
~'" during the turtle nesting season.
~,
Motion: Approve the extension of the beach cleaning
contract with Beachcombers for one year in the amount of
$35,800 with the written amendment that the raking be
done after!10:00 a.m. during the turtle nesting season.
-There was no more discussion and the motion carried unanimously.
~.
C. Award a contract to Gruhn May in the amount of
" ' $127,598.25 for Lift Station B force main upgrade
,~„ pursuant to the reduced scope of work in Bid No. 0102-17
(rebid) (City Manager) '
,~._V;
,.~ Motion: Award a contract to Gruhn May in the amount
of $127,598.25 for Lift Station B force main upgrade
" ~ pursuant to the reduced scope of work in Bid No. 0102-17
., (rebid).
a;
Utility Director Kaluzniak provided background information
~-, concerning the bid and indicated that replacement of the Lift Station
B force main had been recommended in the Sewer Master Plan. Her
.. Staff Report is attached and made part of this official record as
Attachment B.
{
s. ,
Utility Director Kaluzniak indicated that she had concerns with Mr.
Potter's suggestion to run the line on Plaza since the right-of--way
already held BellSouth and the city's water and sewer lines.
~""' At Commissioner Waters' request, Mr. Potter explained his earlier
comments in detail. Tuberculation testing for-cast iron sewer pipes
was also discussed.
,,
Discussion ensued and by consensus the Commission felt that Mr.
Potter's suggested way to increase capacity should be evaluated on a
""' cost/benefit basis and the findings brought back at the next meeting.
The second to the motion and the motion were withdrawn.
~'^;
~,
~ Motion: Defer action on Consent Agenda Item 4C to the
next meeting.
There was no more 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 X
WATERS X
MESERVE X
BORNO X
WATERS X
BEAVER X
BoRNO x x
PARSONS X
WATERS X
MESERVE X X
;.
~"'" Minutes Page -4-
w . August 26, 2002
""" 5. Committee Reports:
There were no Committee Reports. Mayor Meserve requested that
~"" boards and committees make reports to the City Commission on a
semi-annual basis.
6. Action on Resolutions:
A. Resolution No. 02-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH;
AUTHORIZING THE MAYOR TO EXECUTE A '
MAINTENANCE CONTRACT BETWEEN THE CITY OF
""° ATLANTIC BEACH AND THE FLORIDA DEPARTMENT
E. .
~ ~ OF TRANSPORTATION, AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Resolution No. 02-18 authorizing the
Mayor to execute a maintenance contract with the Florida
~""" Department of Transportation (FDOT) with an
amendment to "Attachment A" containing a list of the
areas the City of Atlantic Beach will not maintain.
`~- ~ City Manager Hanson indicated that the matter of payment for
maintenance services provided to the FDOT during July and August
~' had not been resolved and he was still working on that issue. He
stated that the old agreement had expired at the end of June and since
there was no executed contract, the FDOT withheld payment for
~' maintenance during that time.
The City Manager expressed concern that the wording of the new
..,
contract was not very specific pertaining to areas to be maintained by
' the city. He suggested that the city adopt the new agreement with the
~ FDOT with an amendment placed on "Attachment A" listing that the
city would not maintain the area in Neptune Beach and the two new
retention ponds by the radio station.. He felt execution of the contract
,~„ with this disclaimer would prevent withholding a third month of
F ' payments.
.., Discussion concerning street sweeping, landscape maintenance
currently performed by the city, and payment of the avoided costs
ensued. City Manager Hanson indicated that he had contacted
~, another person concerning reimbursement of the avoided costs, which
" ' totaled approximately$8,000. '
There was no more discussion and the motion carried unanimously.
r*
t
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO x - x
PARSONS X
WATERS X
MESERVE X
x,
~.i
Minutes Page -5-
August 26, 2002
7. Action on Ordinances:
A. Ordinance No. 60-02-12 Introduction and First Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
.:FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES, WHICH GENERALLY AND
SPECIFICALLY REGULATES SIGNS AND ADVERTISING
STRUCTURES WITHIN THE CITY OF ATLANTIC BEACH.
SUCH REGULATIONS SHALL BE ADOPTED BY
REFERENCE AS CHAPTER 17 OF THE CODE OF
.:.ORDINANCES AS PREVIOUSLY ADOPTED THROUGH _
.ORDINANCE NUMBER 60-97-10 AND SHALL CONTAIN
SIX ARTICLES: ARTICLE I, IN GENERAL; ARTICLE II,
DEFINITIONS; ARTICLE III, SIGNS PERMITTED;
ARTICLE IV, CAUSE FOR REMOVAL OF SIGNS,
ABANDONED SIGNS AND PROHIBITED SIGNS; ARTICLE
V, NONCONFORMING SIGNS AND WAIVER TO CERTAIN
..PROVISIONS AND ARTICLE VI, SIGN PERMITS.- THIS
ORDINANCE ALSO PROVIDES FOR FINDINGS OF FACT,
SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES OR PORTIONS THEREOF, AND PROVIDES
FOR AN EFFECTIVE DATE
~', Motion: Approve Ordinance 60-02-12 on first reading.
~f
Mayor Meserve commented concerning vehicle signage and stated
that revisions to this section of the ordinance would prevent vehicles
r being used as purveyors for illegal signs. He stated that he would
consider the following as a definition for a vehicle sign: "A vehicle
~" sign is any sign placed within, upon or affixed to a motor vehicle
other than the. registered logo, trademark, service mark or political or
~ personal expression signs (as authorized by this ordinance)".
E
Commissioner Waters inquired regarding placement of an advertising
~ sign on a vehicle that is then parked in the front of a shopping center
parking lot. He indicated that he would like to see this use of signs
r banned.
.~
Community Development Director Doerr referenced Section 17-12
' (12) on page 15 of the ordinance relative to prohibited signs and
~, pointed out the stipulation for vehicle signs just discussed. She felt it
would be difficult to regulate where a business parked its truck on
~_
commercially zoned property, but language might be added to prevent
~.., parking in the front yard. .
~;
Mayor Meserve opened the public hearing and the following citizens
•~ spoke concerning the ordinance:
J.P. Marchioli of 414 Sherry Drive inquired concerning size
-~* requirements for signs covered in Section 17-6(3). He felt it would
OMMISSIONERS M
O
T
I
O
N 5
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO X X
PARSONS X
WATERS X
MESERVE X
A,
`"'""" Minutes Page -6-
August 26, 2002
°""' be difficult to prohibit advertising banner signs and asked whether
ti. lighted house numbers were being banned.
~'' No one else spoke and the Mayor closed the public hearing.
Commissioner Waters commented on the following sections of the
ordinance: (1) Page 6, Section (b)(2) - He believed the size of the
sign should not exceed four square feet and inquired as to the six
,~,,, square foot size, (2) Page 6, Section (b){4) - He believed everyone
should be encouraged to conform to the city's sign ordinance, (3)
Page 8, (a)(1) - He believed small developments should be limited to
,~,,, one entrance sign, not two, as written in the ordinance, (4) Page 12,
(4)(d) - He felt the allowable size of the pre-development sign was
` too large, and in (4)(e) - He felt "as appropriate" should be defined
and the business should be required to display its street number over
' '. the door and on the post sign in front of the building.
t. ;,
;~, Community Development Director Doerr explained the requirements
~ of the ordinance were based on recommendations from the
Community Development Board and Commission Workshops.
Discussion ensued and it was the consensus of the Commission to
;- ,
leave the size of the pre-development sign as written.
Mayor Meserve felt that the requirement prohibiting internally lighted
address numbers in residential zoning districts should be taken out of
~"'^ the ordinance (Sec. 17-3 (b){12)). Discussion ensued and it was the
~. consensus of the Commission to remove this requirement from the
ordinance.
~:.,
Discussion ensued concerning the placement of facia and wall signs
(Sec. 17-4 (7)) and Community Development Director Doerr
'""" indicated that for clarity, the word "exposed" would be inserted in
. ' .front of "raceways."
"°' Discussion ensued concerning the definition of vehicle signs and their
~- ~ uses ensued. It was the consensus of the Commission that the
ordinance should contain language which would prevent the parking
~'"" of a vehicle with a sign off-site from where the business is located to
advertise the business or to allow the vehicle to be parked in the
required front yard of the business location. It was the consensus of
~" the Commission that bumper stickers, personal expression signs, and
~ ' political signs not be considered as vehicle signs as long as they
comply with the other provisions of the ordinance.
~*
~,
;,
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
s.,
~,
Minutes Page -7-
August 26, 2002
Mayor Meserve felt the 8' height limit for a sign was too restrictive
°-- and suggested a 10' height. Discussion ensued and it was the
,~„ consensus of the Commission to leave the height at 8'.
Commissioner Waters reiterated that a business should be required to
~,,, display its street number over the door and on the post sign in front of
the building. It was the consensus of the Commission to place this
requirement in the ordinance.
;,
~••
Director Doerr indicated that she would revise the language to reflect .
the changes.
..,
There was no more discussion and the motion carried unanimously.
~.
~^ B. ~ Ordinance No. 70-02-16 Emergency adoption pursuant to
'~ _ FS Sec. 166.041:
.:
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING A NEW LOCAL
COMMUNICATIONS SERVICE TAX RATE; PROVIDING
FOR INTENT; PROVIDING FOR THE ADOPTION OF A
R.,x, NEW LOCAL COMMUNICATIONS SERVICE TAX RATE;
PROVIDING FOR NOTICE TO THE DEPARTMENT OF
REVENUE; PROVIDING FOR SEVERABILITY;
~„~, PROVIDING FOR AN EFFECTIVE DATE
`` ' Motion: Adopt Ordinance No. 70-02-16 pursuant to the
,_,, emergency adoption requirements found in FS Sec.
r 166.041.
,.,,, Finance Director Van Liere explained the newly adopted Florida
` ' Communications Services Tax -law and indicated that in order to
` ` avoid being subject to a cap, the city's new rate would be 5.10%, the
~., same rate as the cities of Jacksonville and Jacksonville Beach.
z.
Mayor Meserve opened the floor for a public hearing .
J.P. Marchioli of 414 Sherry Drive requested an explanation of the
tax and Bob Totter of 275 11th Street inquired if the new tax was
a-+ lower or higher than the previous tax.
r
Finance Director Van Liere stated that the new rate would be lower
and explained that the service tax was included on everyone's phone
~~ bill.
r" Since no one else wished to speak, the Mayor closed the public
t , hearing.
!"" 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
~
BEAVER X
BoRNO x x
PARSONS X
WATERS X X
MESERVE X
"~`' -Minutes Page -8-
August 26, 2002
~""
a ~ C. Ordinance No. 90-02-176 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
..,
,BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE NUMBER 90-01-172,
CHAPTER 24, ZONING, SUBDIVISION AND LAND
i ~ DEVELOPMENT REGULATIONS, SECTION 24-66,
DEVELOPMENT AND CONSTRUCTION WITHIN
,,,,,, ZONING`DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
'DATE
Motion: Approve Ordinance 90-02-176 on first reading.
~.
,., Mayor Meserve announced that the public hearing and final reading
of the ordinance- would be September 9, 2002.
Commissioner Borno referenced Section 24-66(b)(1) of the ordinance
and suggested that language be included to require registration of
PODS used during renovations and to limit the time they could be
.~ kept on-site. He felt PODS should be limited to four days for
~ loading, four days for unloading, and that it should be stored off-site
during renovations. The City Manager would be responsible for
!~* approving additional time for loading and unloading. Commissioner
Borno felt time limitations would allow Code Enforcement to act if
PODS were kept on-site longer than allowed.
~.
Discussion of time limitations, registration fees and enforcement
ensued. Mayor Meserve requested that the ordinance be amended to
include the suggested changes.
~;
There was no more discussion and the motion carried unanimously.
,;
8. Miscellaneous Business:
~'" A. Discussion and related action regarding historic palm trees
on Ocean Boulevard and East Coast Drive (Tree
Conservation Board)
City Manager Hanson explained the Historic Tree Preservation ordinance
was written to protect the palm colonnades on the city rights-of--way along
°~ Ocean Boulevard and East Coast Drive between Atlantic Boulevard and
~. ,
Tenth Street. He indicated that the proposed ordinance as submitted by
the Tree Board needed to be revised to clarify application of the city's
~' current tree ordinance to historic trees relative to Section 3(a).
~*
;;
~;, _
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 X
WATERS X
MESERVE X
~.,
`.
E..
"""' Minutes Page -9-
~ ; August 26, 2002.
~'' Discussion of the preservation of historic trees ensued. Commissioner
Waters felt the city should work to restoring the colonnade by replacing
missing, dead or unhealthy trees with tree mitigation funds. He felt
maintenance of the colonnade should be included in the ordinance.
,,
~ ~ City Manager Hanson indicated that the funds could be used to plant
.palms and preserve the corridor.
~.~.
°° Discussion ensued concerning enforcement of the ordinance and assessing
,,,,,, penalties. City Attorney Jensen advised that the Code Enforcement Board
~ ' could impose monetary fines, but not enforce replacement of trees.
,,,~ Commissioner Beaver favored preservation of the trees and suggested that
photographs of the colonnades be made available at a future meeting.
~, i
~, No action was taken at this time. A revised ordinance will be submitted to
~ ~ the Commission at a future date.
B. Authorize adding to the current city's dental insurance a
second dental insurance plan referred to as Delta bental (City
Manager)
City Manager Hanson explained that Delta Dental insurance plan would
be added to the city's current plan with all costs paid by the employees
*~ through payroll deductions.
No action was required. All costs will be paid by the employees.
C. Approve the purchase of Christmas decorations from Wayne
Manufacturing for a total cost of $14,386.50 (City Manager}
~""s
~ y Motion: Waive bidding procedure and approve the purchase
of Christmas decorations from Wayne Manufacturing at a
total cost of $14,386.50.
City Manager Hanson explained that only two companies provided the
""~' style of decorations chosen for display on both sides of Atlantic
-= Boulevard and Mayport Road. He indicated that the decorations needed
to be ordered as soon as possible. The City Manager requested that the
'~ normal bidding procedure be waived and the decorations purchased from
a - Wayne Manufacturing, who had quoted the best price.
There was no discussion and the motion carried unanimously.
~, D. Declare surplus 1995 Chevrolet 5-10 pickup truck and
F authorize the sale of same by auction (City Manager)
~-
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
p~
p -
~": Minutes Page -10-
:: August 26, 2002
Motion: Declare a 1995 Chevrolet 5-10 pickup truck surplus
and authorize its sale by auction.
There was no discussion and the motion carried unanimously.
9. City Manager
' City Manager Hanson reported on the following items:
,; ,
o• Provided statistical information from the Water/Wastewater
Rate Survey performed by Black & Veatch for the state of
,,~„ Florida. He reported that the City of Atlantic Beach fell into
the middle usage range.
,._ `• Distributed athree-week construction schedule for the Core
City Project to the Commissioners.
• Captain Campbell reported that the Police Department would
' be mailing two re-entry passes to each household in Atlantic
Beach. The passes will be required for re-entry into the city
_ .after a humcane and are color coded for different types of
service personnel. Additional passes may be picked up at the
Police. Department.
.~:
~ Commissioner Beaver suggested that information concerning
the passes be included in the next city newsletter.
~'"'~ _
k..
10. Reports and/or requests from City Commissioners and
City Attorney
~'"'
~;
Commissioner Beaver
~" :• Inquired concerning the schedule for the event to be held in
Metropolitan Park on September l Otl' to commemorate the
terrorist attacks of one year ago. Mayor Meserve stated that
~'~` he would provide the information.
• Reported that he was in the process. of planning the final fund
~' raiser for the Adele Grage Cultural Center renovations and it
E would probably beheld in October.
Commissioner Borno
• Inquired as to the schedule for sweeping city streets and was
informed all streets are swept bi-monthly.
~_ ; _
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO X
PARSONS X
WATERS X X
MESERVE X
s
"~"' Minutes Page -11-
August 26, 2002
~""° • Reported that the terms of two Code Enforcement Board Members
would expire on September 30"'
~'" • Thanked City Manager Hanson for writing a letter to the Navy
informing them that the city was interested in providing utility
services to the base.
r •
~< Suggested that the Beaches Fine Arts Guild request for a donation
be forwarded to the new Cultural Arts and Recreation Committee
~ for their recommendation. .
`` ' •'• Inquired if there were any plans to pave Begonia Street and was
„„ ~
s; informed there were no plans to pave the street.
,. .
' ~ •
Thanked the City Manager for the Strategic Plan quarterly update.
A' Comm issioner Waters
• Thanked the City Manager and staff for the appreciation reception
°""
~, for Boards and Committee Members.
r :• Urged the Mayor and Commissioners to continue pursuing
!-• lowering the speed limit on Mayport Road in conjunction with the
city's proposed median beautification project. Mayor Meserve felt
the FDOT might be willing to revisit the request after completion of
the improvements.
` ~ Commissioner Beaver
•'• Inquired if seasonal passes were available for Hanna Park. Mayor
~' •
Meserve stated he would investigate-this matter.
Mayor Meserve
~,
• Indicated another meeting would be held to discuss traffic and other
~"" concerns during the overhaul of the John F. Kennedy. He reported
x .` that the City of Jacksonville was constructing a stacking lane at the
Gate 5 entrance to the Navy Base to help with the traffic problem.
~-
F There was no further discussion or business to come before the City
m
Commission and the Mayor declared the meeting adjourned at 9:45 p.m.
,"'" John Meserve
Attest: 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