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Minutes - 05-29-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON TUESDAY, MAY 29, 2001 PRESENT: John Meserve, Mayor Richard 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, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Approval of the minutes of the May 14, 2001. Commissioner Bomo requested that Page 10, of the minutes be amended to reflect the date of June 4, 2001 for the public hearing for the Selva Marina Special Assessment. Motion: Approve the minutes of the May 14, 2001 Commission Meeting as amended. The motion carried unanimously. 2. Courtesy of Floor to Visitors: Sally Clemens of 1638 Park Terrace West supported Mayor Meserve's ordinance proposing two voting districts, but preferred four districts. She also supported afoot-year term for the Mayor. Mrs. Clemens thanked the Commissioners for. their representation at Council Member Jerry Holland's Town Hall Meeting held at Fletcher High School on May 1 S`h concerning the City of Jacksonville reapportionment. Bob Totter of 275 l lth Street also preferred four voting districts, but hoped the Commission would support the Mayors's alternate to be put on the November ballot. He indicated that if the referendum to establish voting districts was not put on the November ballot, he would work to get petitions signed to put it on the ballot. Mr. Totter also. suggested that the city consider turning the tennis court at Bull Park into a supervised V V 0 0 T T E E S s M S 0 E T C I O Y O N E N N D S 0 COMMISSIONERS BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X Minutes Page -2- May 29, 2001 skateboard area for younger children, since residents seldom play tennis there. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) the delay of Sherry Drive street improvements project, (2) pointed out that children had been injured skateboarding in Bull Park and reiterated his support for construction of a skateboard park, (3) reiterated his position that the speed bumps on Plaza were a hazard and suggested they be replaced with the type of speed bump used at the airport, and (4) supported voting districts. Stephen Kuti of 1132 Linkside Drive supported establishing municipal voting districts, but preferred four districts. He also favored the Mayor serving afour-year term. Mr. Kuti distributed alternative language to that in Ordinance 33-01-8 for Commission consideration. The document is attached and made part of the official record as Attachment A. Dorothy Kerber of 365 ls~ Street supported proposed Ordinances 33-01- 08 & 33-01-09. 3. Unfinished Business from Previous Meeting A. Follow-up report from the Regular Meeting of April 23, 2001 (City Manger) City Manager Hanson surnmarized his written report. The report is attached and made part of this official record as Attachment B. In addition to the written report, City Manager Hanson updated the Commission on the following items: Renaming of Church Road It was reported that the Beaches Historical Society had been contacted and as far as it could be determined the road was not named for a family or individual named Church, but most likely was named because several churches were located in the area. City Manager Hanson further reported thaS hvo businesses and ten homes located on Church Road would have to ch~g'~~Freir addresses if the road was renamed. Mayor Meserve indicated that the name change would have to be done in conjunction with the City of Jacksonville and if approved, it would take approximately one yeaz to complete. OMMISSIONERS M 0 z I O N S E c 0 N D Y E S N O Minutes Page -3- May 29, 2001 Extension of Church Road Commissioner Waters felt money would be saved if the city installed a bicycle path and sidewalk in conjunction with the road extension project, and requested that City Manager Hanson investigate this matter. City Manager Hanson felt this matter could be addressed by the new Community Development Director as part of the city's Strategic Plan. Item 9A was taken out of sequence and discussed at this time. 9A. Discussion and possible action regarding relocation of BellSouth telephone lines on Sherry Drive Michael Stuart of BellSouth introduced Ray Serrano, James Neal and Rick Maurer who were present to answer questions concerning the relocation of their telephone lines. Waterline Replacement City Manager Hanson explained that the bid opening for the Sherry Drive Reconstruction Project had been delayed because it was discovered that afifty-year-old ductile iron water pipe with lead joints was located close to the road and would probably crack during the road construction. It was felt that it would be best to replace the ductile iron line on Sherry Drive with the twelve-inch line previously scheduled for installation on East Coast Drive to increase water pressure in the core city azea. City Manager Hanson indicated that bids would be opened on Friday, June 8"' and would be brought to the Commission on June 11`h BellSouth Conduit Relocation City Manager Hanson explained that six BellSouth conduits containing major telephone lines for the city and Navy Base were located on the east side of Sherry Drive. He further explained that the lines were located at the same elevation as the city's proposed storm drains and relocation of the conduits would cost approximately two million dollars and would cause many outages. City Manager Hanson reported that in order to avoid the costly relocation of the lines, BellSouth proposed to install 4' x 8' conflict boxes, which would allow water to flow around the conduits. BellSouth had offered to pay for the construction and maintenance of the vaults and would bring a "Memo of Understanding" to that effect OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- May 29, 2001 for Commission approval before the beginning of construction in June. Mr. Seranno explained that it may be possible to raise or lower some of the conduits to avoid the use of a vault, but it would not be known if this was possible until construction began. He indicated that he would like to eliminate as many of the conflict boxes as possible. Discussion of conflict boxes ensued, and City Manager Hanson indicated that staff and the engineers felt that the conflict boxes could work successfully if properly maintained. Mr. Seranno stated that numerous conflict boxes had been built in the City of Jacksonville and caused no problems. Commissioner Mitchelson expressed concern that use of the conflict box could have a negative impact on the gravity flow of the new drainage system and indicated that he would like an engineer's opinion as to whether or not this will work. City Manager Hanson indicated that that an engineer had been contacted and felt the system would work if the vaults were properly maintained. 4. Consent Agenda: A. Acknowledge receipt of monthly reports for Building and Public Safety Departments B. Award contract in the amount of $138,608.00 to Miranda Contracting for the total base bid only in the Church Road Water Improvements Project - 2001 CDBG, pursuant to the specifications of Bid No. 0001-18 (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 were no Resolutions. 7. Action on Ordinances:. A. Ordinance No. 33-O1-8 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -5- May 29, 2001 ELECTORS OF ATLANTIC BEACH, A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE (City Commission) Motion: Adopt Ordinance No. 33-01-8 on first reading. Mayor Meserve reported that the public hearing and final reading of the ordinances would take place June 11, 2001. Commissioner Mitchelson Felt the current system for electing Commissioners was better, but indicated that the proposed change had merit. Commissioner Mitchelson felt the majority of residents in the city did not want voting districts, but the perception was that the area west of Mayport Road had been neglected. He further stated that he did not feel this was the case and pointed out the dollars spent and many projects completed in the azea during the past four years. There was no discussion and the motion carried by a four to one vote with Commissioners Beaver, Borno and Waters and Mayor Meserve voting aye and Commissioner Mitchelson voting nay. B. Ordinance No. 33-01-9 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE MAYOR'S TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE (Commissioner Waters) Motion: Adopt Ordinance No. 33-01-9 on first reading. Commissioner Waters expressed his support for the change and indicated afour-year term for the Mayor would provide for more efficient government and continuity on the Commission. There was no discussion and the motion carried unanimously. C. Ordinance No. 20-O1-51 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 (City Manager) Motion: Adopt Ordinance No. 20-01-51 on first reading. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X X Boxxo x x MITCHELSON X WATERS X MESERVE X Minutes Page -6- May 29, 2001 There was no discussion and the motion carried unanimously. D. Ordinance No. S-O1-34 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, SECTION 2-361, SUBSTANCE, TO DELETE THE DOLLAR AMOUNTS FOR DAILY PER DIEM, AND REPLACE THEM WITH THE INTERNAL REVENUE SERVICE DAILY ALLOWANCE Motion: Adopt Ordinance No. S-O1-34 on first reading. There was no discussion and the motion carved unanimously. E. Ordinance No. S-O1-35 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, DEPARTMENTS, DIVISION 5, DEPARTMENT OF PUBLIC WORKS, AMENDING SEC. 2-80 DIRECTOR OF PUBLIC SERVICES-APPOINTMENT, COMPENSATION; AMENDING SEC. 2-81, SAME-DUTIES; DELETING SEC. 2-82, DIVISIONS; APPOINTMENT, COMPENSATION OF CHIEFS; CREATING NEW DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES, ADDING SEC. 2-84, CREATED; SEC.2-85, UTILITY DIRECTOR-APPOINTMENT, COMPENSATION; SEC.2-86, SAME-DUTIES; AND SEC.2-87, OTHER DUTIES; AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Adopt Ordinance No. S-O1-35 on first reading. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Public Hearing and action on an application for aUse-by- Exception filed by Christy First Coast Plumbing to operate a plumbing contracting business at 1651 Mayport Road on property zoned Commercial General (City Manager) Motion: Accept the recommendation of the Community Development Board and approve the use-by-exception filed by Brian Christy (Christy First Coast Plumbing, Inc.) OMMISSIONERS M 0 T I O N S E c O N D Y E S N O BEAVER X BORNO X 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 Minutes Page -7- May 29, 2001 to operate a plumbing business on property located at 1651 Mayport Road, (also described as Pt of Govt Lot 3(172061-0000) as recorded in OR Bk 9140 Pg 1516, and Pt of Govt Lot 3 (172091-0000, 172091-0010,172072-0000 and 172071-0000) recorded in OR BK 8896 Pg 554, being Parcels A, B, D and E) zoned Commercial General (CG). The conditions recommended by the Community Development $oard were as follows: (1) All existing storage trailers will be removed from the site, (2} working hours in the shop will be confined to the hours of 7:00 a.m. to 7:00 p.m., except for emergency pick up of tools and materials by crews on emergency repair calls, (3) a privacy fence six feet tall will be maintained between the residential lots to the east of the property, and (4) all storage to be inside, with the exception of pipe racks to store pipes). Mayor Meserve opened the public hearing and invited comments from the audience. Brian Christy, owner of the business, stated that he wished to clarify that the name of the business was Christy First Coast Plumbing, Inc. No one else spoke and the Mayor closed the public hearing. There being no further discussion, the motion carried unanimously. B. Authorize the Mayor to sign all paperwork for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (City Manager) Motion: Authorize the Mayor to sign all paperwork for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. There was no discussion and the motion carried unanimously. C. Authorize the Mayor to sign the State Revenue Sharing application for 2000/2001 (City Manager) Motion; Authorize the Mayor to sign the State Revenue Sharing application for 2000/2001. There was no discussion and the motion carved unanimously. D. Authorize the City Manager to sign a contract with M.J. Altman Companies, Inc. to provide collection services for the city (City Manager) OMMISSIONERS M O T I O N S E C 0 N D Y E S N O BEAVER X X i BoxNO x x MZTCHELSON X WATERS X ME SERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -8- May 29, 2001 Motion: Authorize the City Manager to sign a contract with M.J. Altman Companies, Inc. to provide collection services for the city. Commissioner Beaver requested that staff review the collection methods used by the company from time to time to make sure the company did not deal too harshly with the citizens. There being no further discussion, the motion carried unanimously. E. Action on a request from the Cultural Arts Board to place a sculpture in front of the fire station. at the west side of the five-way stop (City Manager) Motion: Approve request from the Cultural Arts Board to place a sculpture in front of the fire station at the west side of the five-way stop. Commissioner Borno stated that he had no problem with the request as long as the Commission gave final approval of the sculpture and its location. Commissioner Waters felt a better location for a sculpture would be at the Town Center circle. He felt more money should be spent to do something nice and suggested that the City of Atlantic Beach combine efforts with the City ofNeptune Beach to do the project. Discussion ensued and concermwas expressed that it would be a difficult decision since "art is in the eye of the beholder". Commissioner Waters suggested that the Commissioners meet with the city's various Boards and Committees twice a year to improve. communication. Commissioner Bomo felt that these types of projects should be kept in proper perspective and included in the city's strategic plan. There being no further discussion, the motion carved unanimously. 9. City Manager Reports: City Manager Hanson reported on the following items: • Reported that the Blue Wave designation had been received for the year 2001 and brochures had been distributed to area hotels. OMMISSIONERS M O T I O N S E C 0 N D Y E S N O BEAVER X X BoRNO x X MITCHELSON X WATERS X MESERVE X BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X Minutes Page -9- May 29, 2001 Reported that Public Works employee, Jack Baldwin, had been granted a Superior Achievement Award in the amount of $250 for his innovative method of hanging street signs in Town Center which saved the city considerable expense. • Reported that the Core City Sewer Rehabilitation Project was completed and had come in at $160,989 under contract price. Briefly commented on the zoning issues brought up at the public hearing for the revised zoning ordinance; and distributed a Staff Report written by Building Official Ford on Zoning Options which addressed those concerns. The report is attached and made part of this official record as Attachment C. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Requested that a Resolution be prepared recognizing Nancy DeCandis for her service on the Cultural Arts Board. Commissioner Waters • Inquired if there was a fee for the Blue Wave recertification: City Manager Hanson indicated the cost was $500.00. Commissioner Waters stated that he was opposed to spending the money unless there were benefits associated with the certification. Commissioner Mitchelson • Stated that the port-o-lets for the handicapped at "Dancing in the Street" were well intended, but installed in such a way that it was difficult for a handicapped person to use them. Requested that a representative of AT&T Broadband be present at a future Commission Meeting to explain how they scramble channels inappropriate for viewing by young children. He indicated that Channel 14 was not properly scrambled. • In response to Mr. Totter's earlier comment on taxes, pointed out that the City of Atlantic Beach had not increased taxes for a number of years. OMMISSIONERS M 0 T I O N S E C O N D Y E S N O Minutes Page -10- May 29, 2001 Mayor Meserve Thanked Commissioner Mitchelson for representing the city at the Adele Grage Community Center meeting concerning the duplex issue. • Commented that better disabled access to the beach was needed. City Manager Hanson responded that the city had received a grant for handicapped accessible walkovers, the details of which were presently being worked out. Reminded everyone of the June 4`h 5:00 p.m. Workshop Meeting to discuss the zoning ordinance issues, and the 7:15 Public Hearing at the Elementary School for the Selva Marina Streets Improvements Project. There being no further discussion or business to come before the Commission, the Mayor declared the meeting adjourned at 8:55 p.m. John Meserve Mayor/Presiding Officer Attest: Maureen King Certified Municipal Clerk OMMISSIONERS M 0 z I O N S E c O N D Y E S I !, N O i