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Minutes - 01-22-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, JANUARY 22, 2001 PRESENT: John Meserve, Mayor Richazd Beaver, Mayor Pro Tem Mike Borno Theo Mitchelson Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Meserve at 7:15 p.m. The Invocation was given by Mayor Meserve followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held January 8, 2001 Commissioner Borno requested that a scrivener's correction be made. to page three, pazagraph one of the Consent Agenda. Motion: Approve the minutes of the January 8, 2001 as corrected. The motion carried unanimously. 2. Courtesy of the floor to visitors: Sally Clemens of 1638 Park Terrace West requested that the city provide an educational seminaz on the election process and government. The resident of 633 Aquatic Drive and Leonard Nordby of 639 Aquatic Drive complained of their neighbor's barking dogs and expressed concern for their safety if the dogs dug under or broke through the wooden fence enclosing the yazd. Mayor Meserve asked that the City Manager investigate the complaint. Sylvia Simmons of 211 Beach Avenue expressed several concerns regarding the possible acquisition of the Pic N Save property located at 725 Atlantic Boulevazd (Item 6B on the agenda). V V 0 O T T E E S s M S O E T 'C I 0 Y 0 N E N N D S 0 COMMISSIONERS BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -2- January 22, 2001 Mrs. Simmons questioned whether it was the mission of government to provide this type of service, and stated she would like to see a cost analysis of the property before any consideration was given to its purchase. Pat Pillmore of 995 Camelia Street commented that the ceiling in the Pic N Save building was not high enough for use as a theater. She also questioned rumors she had heard regarding violation(s) of the Sunshine Law. Mayor Meserve suggested that Ms. Pillmore direct her concern regarding the Sunshine Law to the person committing the violation. J.P. Marchioli of 414 Sherry Drive felt residents should be allowed to keep boats in their front yards as long as they were covered; felt the number of animals per household should be limited; and also spoke in opposition to the purchase of the Pic N Save building. He felt the $2.5 million would be better spent on the construction of a new building. Stephen Kuti of 1132 Linkside Drive read a prepazed statement opposing the purchase of the Pic N Save property. The letter is attached and made part of this official record as Attachment A. Christy Brooks of 1222 Jasmine Street expressed concern that Habitat homes were being constructed on an old dump site found during construction in Section H. He indicated that trees had been removed and garbage exposed. He expressed concerning that the azea was hazardous. to children and suggested that the property located within the dump site be condemned for residential building. Mayor Meserve directed City Manager Hanson to investigate this matter and report his findings to the Commission. Alice Gartland of 1140 Seminole suggested that the city investigate a cooperative effort with the other beach cities to purchase the Pic N Save building for a cultural arts center. Mrs. Gartland felt that. rental of spaces in the building would help offset maintenance costs. 3. Unfinished Business from Previous Meeting City Manager Hanson commented on the following matters provided in his written report: Church Road Extension OMMISSIONERS M O T I O N S E C 0 N D Y E S N O Minutes Page -3- January 22, 2001 Reported that the City of Jacksonville supported the opening of the road and had pledged up to $45,000 towazd the project. He indicated that an Interlocal Agreement would be prepazed for review by both cities and presented to the Commission prior to bidding the project. Commissioner Mitchelson commented that funding for the project had not been included in the current budget, and would need to be identified in the current budget or placed in next year's budget. Recreational Vehicle Parking Citations Provided statistical data regarding the number of citations which had been issued for violations of recreational vehicle parking requirements since 1994. Reported on increased code enforcement regarding unlicensed vehicles in the Royal Palms azea. Sidewalks on Sherry Drive Requested Commission input on the citizen request to install sidewalks on both sides of Sherry Drive at a cost of approximately $35,000. A brief discussion ensued and it was the consensus of the Commission to address the request during this year's strategic planning sessions which begin in March. Skateboarding in Bull Park Reported that no appazent damage from skateboazding had occurred in Bull Park and there were no significant safety issues reported. City Manager Hanson indicated the. city could construct a skateboarding pazk for approximately $20,000, using prefabricated ramps. It was suggested that the ramp(s) be installed on the site of the old restroom building in Jack Russell Pazk (anew restroom facility is under construction and the old building will be torn down). Commissioner Beaver favored construction of the park, but felt poured concrete ramps should be considered in the upcoming budget yeaz. OMMISSIONERS M 0 T I O N S E C 0 N D Y E S N 0 Minutes Page -4- January 22, 2001 Commissioner Waters suggested that the skateboazders be involved in setting up the park. He preferred that it be located someplace other than Jack Russell Pazk. A brief discussion ensued and this matter was referred to the Parks and Recreation Advisory Boazd for their recommendation. 4. Consent Agenda A. Acknowledge receipt of report of utility sales for December 2000, and monthly reports from Building and Recreation Departments (City Manager) B. Acknowledge receipt of report regarding proposed changes to health insurance Motion: Approve Consent Agenda Items A and B as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: A. Report from Recreation Advisory Board with recommendations for recreational programs DeJean Melancon, Chairman of the Recreation Advisory Board, explained the Board's recommendation to establish programs provided by Art Life, as listed in his memo dated January 17, 2001. Implementation costs were listed at $17,000. The memo is attached and made part of this official record as Attachment B. Commissioner Mitchelson inquired as to the number of participants in last year's Summer Art Camp, and Karen Sadler, owner of Art Life, indicated that between 25 - 35 students participated each week of the eight week program. Mayor Meserve expressed concern that the program was created based on a single proposal from Art Life and inquired if the bid process should be waived if the program was approved. Mr. Melancon reported that the Board solicited proposals from other firms but only Art Life responded. City Manager Hanson briefly explained the city's bid procedure. City Attorney Jensen advised that based on the total cost of the program, it should be sent out for bids. OMMISSIONERS M O T I 0 N S E C O N D Y E S N 0 BEAVER X X BORNO X MITCHELSON X WATERS X X MESERVE X Minutes Page -5- January 22, 2001 Discussion ensued concerning approval of certain parts of the program. Commissioner Mitchelson felt it would be best to approve the entire package to ensure long term success of the.program. Commissioner Waters suggested that the entire program be approved as.experimental for the first yeaz with Recreation Director Johnson's review of its success for future programs. Motion: Waive the bidding process and approve the programs as listed in the memo at a cost not to exceed $17,000. There was no further discussion and the motion carried unanimously. 6. Action on Resolutions: A. Resolution No. 01-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, PROVIDING FOR THE NUMBER OF DAYS PER WEEK OF SOLID WASTE COLLECTION, AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Adopt Resolution No. 01-02. There was no discussion and the motion carried unanimously. B. Resolution No. 01-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DIRECTING STAFF TO INVESTIGATE THE FEASIBILITY OF ACQUIRING THE PROPERTY AT 725 ATLANTIC BOULEVARD (PIC N SAVE) (Commissioner Waters) Motion: Adopt Resolution No. 01-03. Commissioner Waters presented his ideas to establish a partnership with the YMCA to use. the old Pic N Save building on Atlantic Boulevard as an indoor recreational facility for all ages. Commissioner Waters introduced Teresa Rogers, the Associate Executive Director of the Winston Family YMCA in Ponte Vedra, and David Jezek, a V ice President for the First Coast YMCA. Ms. Rogers, supported Commissioner Waters proposal, and provided demographics concerning the Winston Family YMCA and indicated the need for a YMCA to serve the three beach cities. Ms. Rogers explained the types ofactivities provided by the YMCA and suggested the Commissioners visit the Ponte Vedra facility. OMMISSIONERS M O T I 0 N S E C O N D Y E S N 0 BEAVER X BORNO X MITCHELSON X X WATERS X X MESERVE X BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X BEAVER X BORNO X MITCHELSON X X WATERS X X MESERVE X Minutes Page -6- January 22, 2001 Mr. Jezek, stated that he had been with the YMCA for eighteen years and had served in several cities nationwide. He reported that the Y had its own azchitects who have worked in a collaborative effort with many cities to revamp old facilities or build new ones. First Night Coordinator Kim Armstrong, supported Commissioner Waters and stated the building would provide a wonderful venue for First Night activities. A general discussion of the pros and cons of purchasing the property ensued. Mayor Meserve felt it would cost between 6 and 7 million dollars to purchase and remodel the 60,000 square foot building situated on 3.4 acres. He felt it might be cheaper to teaz the building down and build a new facility. He expressed concern for maintenance costs and the use of the $500,000 the city will receive yeazly from the Better Jacksonville Plan funds for this project. Mayor Meserve felt those funds might be better spent on infrastructure projects already underway. Commissioner Mitchelson felt there was a need for a YMCA in the area, but indicated he needed more information concerning the Y's financial partnership with the city in order to make a decision. Discussion ensued and Commissioner Beaver suggested that city staff investigate the following: (1) How much space the Y would need, (2) their commitment to the project, either with staff or financially, (3) whether the other cities would participate, and (4) if the pazking lot sits on the site of a former landfill, in order to determine if out-pazcels could be sold to recoup some of the purchase costs. Following further discussion it was suggested that Building Official Ford visually inspect the building and report on its condition. An engineering study could be performed later, if needed by the city. During discussion Commissioner Mitchelson expressed concern that the JTA might still consider the site for a bus transfer station. Mayor Meserve, the city's representative to the Metropolitan Planning Organization (MPO), stated the JTA had purchased property on Mayport Road, but they still might be interested in the site. He stated that he would follow up on this matter with written letters to the MPO and JTA to see if they have any plans for the property. Mayor Meserve indicated that he would also speak to the other beach Mayors to see if there was any interest in forming a partnership to bring the YMCA to the area. There was no further discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N 0 7. Action on Ordinances: Minutes Page -7- January 22, 2001 A. Ordinance No. 95-01-77 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, ARTICLE II, DOGS AND CATS, SEC. 4-30, CITATIONS AUTHORIZED; PENALTIES PROVIDED, TO ELIMINATE CODE ENFORCEMENT HEARINGS AND REQUIRE. COURT APPEARANCE IF FINES ARE NOT PAID, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Adopt Ordinance No. 95-01-77 on final reading. Mayor Meserve opened the floor for a public hearing and invited comments from the audience. J. P. Marchioli of 414 Sherry Drive felt a limit to the number of animals per household should be included in the ordinance. No one else wished to speak and the Mayor declared the public heazing closed. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Approve purchase of playground equipment for Rose Park at a cost not to exceed $35,000 (City Manager) Motion: Approve purchase of playground equipment for Rose Park at a cost not to exceed $35,000. City Manager Hanson distributed a drawing of the proposed layout of the park and indicated that funding was available from the $100,000 budgeted for unspecified park improvements and land acquisition. Commissioner Beaver believed that establishing the pazk was a good first step to provide recreational improvements in Marsh Oaks. Following brief discussion, the motion carried unanimously. B. Authorize the Mayor to sign the Certificate of Acceptance of subgrant award from the Department of Community Affairs for after school programs at Jordan Park (City Manager) OMMISSIONERS M O T I 0 N S E C O N D Y E S N 0 BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Motion: Authorize the Mayor to sign the Certificate of Minutes Page -8- January 22, 2001 Acceptance of subgrant award from the Department of Community Affairs for after school programs at Jordan Park. There was no discussion and the motion carried unanimously. 9. City Manager Reports: In addition to his written report, City Manager Hanson reported on the following: Boil Water Notice Reported that a boil water notice had been issued to residents in the vicinity of Mayport Road where the contractor working on the flyover had broken a water line. The Health Department has since tested and approved the water and the residents were notified. Jacksonville Electric Authority Tree, Contractor Reported that a Jacksonville Electric Authority (JEA) contractor was been going door to door for permission to cut down or trim trees on private property. He indicated that the JEA was exempt from the tree ordinance on private property, but was advised that permission was needed to cut down trees on the city rights-of- way: He further indicated that it appeazed that some of the trees tagged on East Coast Drive during the historical tree survey were included with those to be cut down. City Manager Hanson stated that he would write the JEA informing them of the requirement and would keep the Commission informed. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters Requested that the City Manager investigate the dump issue. Requested further information concerning the bazking dog complaint. Chief Thompson provided background information and stated that the owners had been fined more than once and had paid their fines. He indicated that the department was working towazd a solution to the problem and he would provide a report to OMMISSIONERS M O T I 0 N S E C 0 N D Y E S N 0 Minutes Page -9- January 22, 2001 the Commission. Thanked the City Manager and staff for their work and investigation of the Church Road extension. Commissioner Mitchelson Updated the Commission on the Teen Council $1,000 Scholarship and distributed procedures and requirements to apply for the scholazship. He indicated the deadline for applying was Mazch 15, 2001. Commissioner Borno Provided a brief progress report of the Selva Marina Streets Committee and indicated that they would be meeting at 10:00 a.m. on the next two Saturdays. Commissioner Beaver Stated that he would like Commission permission to work with the Beautification Committee and Recreation Advisory Board to redefine their responsibilities, objectives and goals. He indicated he would bring the information back to the City Commission. and suggested that a future workshop meeting be held on this matter. No one objected to his request. Requested that the orange tape marking historical trees be removed as soon as possible,. since many residents thought the tape indicated the trees were being removed and were calling to protest. Requested that an appropriate ceremony be conducted when Rose Park is completed. Recreation Director Johnson indicated it should be completed within six to eight weeks. Mayor Meserve Reported that the Jacksonville Transportation Authority had not taken the land on which the radio station is located. The intention now was now to remove the building, since it would be impractical to run a sewer line in excess of 2,000 feet to a building presently served by a septic system. It was further reported that at this time it appears the antenna will remain with a small building housing the power supply. The City Manager will OMMISSIONERS M 0 T I 0 N S E C O N D Y E S N 0 Minutes Page -10- January 22, 2001 negotiate the location for this building. Reported that the owner of the lazge advertising sign located in the marsh wanted keep the sign and place it on a large pole. Mayor Meserve hoped that when the bridge was completed, both cities would work together to remove as many signs as possible located in the marshes, and to keep the area on both sides of Atlantic Boulevard clean to provide a beautiful entryway into the cities. Reminded the Commission that strategic planning begins in March. Commented on a recent newspaper. article accusing the city of selective enforcement of ordinances regarding rental of secondary dwellings, such as garage apartments; located in single family residential zones. A brief discussion of the current situation ensued, and Mayor Meserve indicated that he wished to take a proactive approach to this matter and place the property owners on notice since they may not be awaze of what will occur after adoption of the revised zoning ordinance. Motion: Place a moratorium on enforcement of the ordinance until six months after adoption of the new Zoning Ordinance. There being no further discussion, the motion carried unanimously. There being no further discussion or business to come before the Commission, the Mayor declazed the meeting adjourned at 9:50 p.m. John Meserve Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk OMMISSIONERS M 0 T I O N S E C 0 N D Y E S N - O BEAVER X BORNO X MITCHELSON X WATERS X X MESERVE X X