Minutes - 11-12-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, NOVEMBER 12, 2001.
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitcheison
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
given by Commissioner Beaver, was followed by the Pledge of Allegiance
to the Flag.
The Oath of Office was administered by City Clerk King to John Meserve
(Mayor/Commissioner Seat 1). Mayor Meserve introduced his family and
thanked them for their support.
1. Approval of the minutes of the Regular Commission meetings
of November 6, 2001
Commissioner Borno requested confirmation that during the October 22,
2001 meeting, he was appointed by the Mayor to work with staff and the
city's Cultural Arts and Recreation Advisory Boards to establish
guidelines to support requests .for charitable contributions. Mayor
Meserve confirmed his appointment.
Motion: Approve the minutes of the Regular Commission
Meetings of November 6, 2001 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
A. Metropolitan Planning Organization presentation regarding
the Jacksonville Urban Area Transportation Study
Denise Bunnewith, Executive Director of the Metropolitan Planning
Organization (MPO), distributed information concerning the MPO's 2025
Long Range Transportation Plan. The information included Plan
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November 12, 2001
Evaluation Criteria, the recommended Needs Plan, an update of Existing
and Committed Projects, and a draft copy of the Cost Feasible Plan
Update. Ms. Bunnewith reported that the "Needs Plan" represented
projects which would be needed between now and the year 2025 to ensure
effcient and safe travel in and around Jacksonville. She further explained
that the Cost Feasible Plan identified projects which could be funded over
the next twenty years and set priorities for expending federal highway
funds.
The proposed use of rapid transit bus service routes were briefly
explained. Ms. Bunnewith pointed out that this type of transportation
would aid in maintaining minimum air quality standards for Duval County
as required by the U.S. Envirorunental Protection Agency.
Alan Potter of 374 Second Street felt the proposed height of 2.7' of the
weir to be constructed at Fleet Landing as part of the Core City Project,
would allow saltwater intrusion into the Selva Marina Lagoon which
would kill grass at the golf course and would also kill lawns along the.
lagoon.
Bob Totter of 275 l1`n Avenue thanked the City Manager and Chief of
Police for their assistance at a concert held on Veterans' Dag. He then
distributed copies of the City Charter and requested that. the
Commissioners review and familiarize themselves with its contents.
Stephen Kuti of 1134 Linkside Drive agreed. with Mr. Potter's comments
and indicated that he had reviewed an engineering report submitted by
ECT which criticized the Aikenhead and Odom design of the weir. He
said he was also advised by representatives of the St. Johns River Water
Management District that the 2.7' height for the weir was unacceptable.
He also felt that the additional work required under Item 8H could have
been avoided if core samples had been taken on Sherry Drive before the
proj ect began.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow-up Report
City Manager Hanson briefly reviewed each item of his written report,
which is attached and made part of this official. record as Attachment A.
In addition to the written report, City Manager Hanson provided the
following information:
• Updated water and sewer rate comparisons for the three Beach
Cities and the JEA.
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November 12, 2001
Deferred to Public Works Director Kosoy who addressed the
concerns regarding the height of the weir. Public Works Director
Kosoy explained that the city had concerns with the original
modeling and design by Aikenhead and Odom (A&O) and ECT
was hired to review the design. Public Works Director Kosoy
indicated that Messrs. Potter and Kuti had reviewed a preliminary
report and a later report indicated that ECT had no problems with
the 2.T weir height. He further indicated that the weir height was
first designed. at 2.6', but was increased to 2.T when submitted to
the Saint Johns River Water Management district (SJRWMD) in
July.
• Commissioner Waters inquired concerning decorations for Atlantic
Boulevazd and Mayport Road and suggested that an ad hoc
committee be formed to look into placing seasonal decorations. at
various locations throughout the city.
Mayor Meserve appointed Commissioner Waters to head the committee
and suggested that he work with staff and citizens to come up with ideas to
decorate the city. There were no objections to the appointment.
4. Consent Agenda:
A. Acknowledge receipt of monthly. reports from City
Departments: Occupational License, Public Works and
Recreation Departments (City Manager)
Motion: Approve consent agenda as presented.
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. S-O1-36 Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-19, RULES OF CONDUCT AND
PROCEDURE AT MEETINGS, TO ADD RULE NO. 26
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November 12, 2001
PROVIDING PROCEDURES FOR EMERGENCY
ACTIONS BY THE CITY COMMISSION, AND
PROVIDING AND EFFECTIVE DATE (Mayor)
Motion: Adopt Ordinance No. 5-10-36 on final reading.
Mayor Meserve presented the ordinance in full, in writing, and
explained that the ordinance would provide for procedures for
emergency actions by the City Commission.
Mayor Meserve opened the public hearing and invited comments
from the audience:
Pat Pillmore of 995 Camelia Street spoke in opposition to the
proposed ordinance. She stated that from her experience,
emergencies in the City of Jacksonville were handled by a committee
with an attorney in attendance. She felt there was not enough public
information in Atlantic Beach concerning committee actions and the
city did not need another rule to handle its business.
There being no further public comments, the Mayor closed the public
hearing.
Mayor Meserve stated that the ordinance simply formalized the
procedure which had been used in the past to handle matters which
came up after an agenda had been completed.
Commissioner Borno read Rule #26 and explained how it worked.
There was no fizrther discussion and the motion carried unanimously.
B. Ordinance No. 90-O1-172 Public Hearing & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH REWRITING IN ITS ENTIRETY CHAPTER 24
OF THE CODE OF ORDINANCES, ZONING AND
SUBDIVISION REGULATIONS (Commission)
Motion: Approve Ordinance No. 90-01-172 on first
reading.
Mayor Meserve presented the ordinance in full, in writing and
provided background information concerning the ordinance
amendments. He explained that the ordinance was rewritten to
address and clarify language which was open to interpretation.
Community Development Director Doerr stated that this was the first
of two required public hearings for the ordinance and that it was
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November 12, 2001
properly noticed as required by Chapter 156, Florida Statutes. The
second public hearing would be held on November 26, 2001.
Community Development Director Doerr indicated that many of the
changes were long overdue to bring the zoning, subdivision and land
use development regulations into conformance with the
Comprehensive Plan adopted in 1990.
Ms. Doerr reviewed the changes which were recommended during
the October 29, 2001 Workshop. A copy of Ms. Doerr's memo dated
November 2, 2001, listing the changes is attached and made part of
this official record as Attachment B.
It was also noted that Don Wolfson, Chair of the Community
Development Boazd, had requested that the following intent statement
be added to each zoning classification: "All Development of Land
and Parcels within the (name of the zoning classifications zoning
district shall comply with the (name of the zoning classification
density limitations as set forth in the adopted Comprehensive Plan for
the City of Atlantic Beach, as may be amended."
During the review, Commissioner Borno pointed out that Section 24-
163(a)(1)needed to be changed to require commercial vehicles to be
parked a minimum of twenty feet from the front lot line.
Mayor Meserve then opened the public hearing and the following
citizens spoke concerning the proposed zoning ordinance:
Janell Wilson of 3090 South Third Street, Jacksonville Beach,
spoke concerning the rental of garage apartments and opposed the
rental limitation of ninety days as an infringement on property rights,
and inquired as to how it would be enforced. She felt short term
rentals would have no more impact on the community than long term
rentals and requested that the 90 day minimum be deleted from the
ordinance.
George Bull of 1937 Sevilla Boulevard West, inquired concerning
the staff recommendation for the rezoning of property from RG-1 to
RS-2. He felt several property owners in the area would be entitled to
vested rights to proceed with plans to construct duplexes after the
effective date, if their property was rezoned. He then inquired as to
how to become vested. He indicated that he was working on several
duplex projects which were about 75% complete.
Mayor Meserve indicated that those concerns would be addressed
under Item 7C.
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November 12, 2001
Barbara Buckman Williams of Santa Nocoochee, Georgia, stated
that she was opposed to the zoning change of her property from Open
Rural to Conservation Lands and felt it would be an unfair taking of
her property. She felt the Conservation Lands designation placed too
many restrictions on the property.
Peter Sapia of 1655 Selva Marina Drive stated that he had several
problems with the proposed zoning ordinance which he would put in
writing. Mr. Sapia commented on garage apartments, market and'
appraised values, non-conforming structures, and lot sizes for
development of duplexes. Mt. Sapia believed most of the changes
were too restrictive and felt that appeal of the city was its eclectic
character.
Greg Carr of 574 Nautical Boulevard, a boat owner, stated that his
boat and property were clean and neat and suggested a 10' setback
from the property line to allow for boat parking.
Jeri Sabot of 330 First Street, expressed concern that she would not
be able to construct the duplex she had planned under the rezoning of
the core city area (Item 7C).
Pat Pillmore of 995 Camelia Street, felt that lower income people.
would be hardest hit by the 20' setback. She felt boating was part of
the Florida lifestyle and boats should be allowed tote parked on a
residential lot.
Steve Diebenow of 1301 Riverplace Boulevard, representing Radio
Station WQOP, stated that he appreciated the action of the
Commission to address the station's property.
No one else spoke for or against the proposed ordinance, and the
Mayor closed the public hearing.
Mayor Meserve commented that the ordinance concerning boat
parking was the same as in the past and was not changed from the
original ordinance.
Community Development Director Doerr explained vested rights and
statutory vested rights in detail. Discussion ensued concerning the
effective date of the ordinance and Ms. Doers suggested the effective
date be January 1, 2002. It was suggested that anyone currently
involved in a project or anyone who is planning to do a project, apply
for vested rights. It was pointed out that vesting determinations were
made adrninistratively on a case by case basis.
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November 12, 2001
Discussion concerning the Comprehensive Plan ensued and Mayor
Meserve confirmed with Community Development Director Doerr
that existing duplexes could be rebuilt if destroyed.
Commissioner Beaver requested that Section 24-163 be readdressed
to change the setback back to 15'from front lot line. He felt the
change would not encourage that many boats to appear.
Commissioner Parsons felt theproblem seemed to be that the boats
were pazked in front of the house and that. was what neighbors
objected to.
Motion: Amend Section 24-163(b)(2) to read:
"Recreational vehicles, boats or boat trailers, or
other type of trailer shall not be parked. or stored closer
that fifteen (15) feet from the front lot line of any
residential lot".
Discussion ensued and Commissioner Beaver explained that his
motion addressed the parking of boats only. Commissioner Waters
opposed the change and believed the change would cause cazs to be
parked on the streets to accommodate boats in the yards.
There was no more discussion and the motion carried by a three to
two roll call vote as follows: Commissioners Beaver, Borno and
Mayor Meserve aye and Commissioners Parsons and Waters,
nay.
Community Development Director Doerr comfirmed that the side
yard setbacks would also be 15' under Section 24-163(b)(2).
Commissioner Beaver requested that a copy of theletter Mr. Sapia
stated he would write addressing his concerns be distributed to the
Commission.
Discussion of the definition of "family" and rental properties ensued.
Mayor Meserve explained that the city wanted to limit short term
rentals in family neighborhoods with the ninety day minimum.
Community Development Director Doerr confirmed that the effective
date for the new zoning ordinance would be January 1, 2002.
Amendment to the Motion: Approve passage of
Ordinance No. 90-01-172 as amended by the changes
discussed by Community Development Doerr (as listed in
Attachment B) and the by the previous motion amending
Section 24-163(b)(Z).
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November 12, 2001
Mayor Meserve reported that the final reading of the ordinance and
public hearing would take place November 26, 2001.
There was no further discussion and the motion carried unanimously.
C. Ordinance No. 90-O1-173 Public Hearing & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
TO REZONE LAND FROM THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL,
TWO-FAMILY, (RG-1) TO RESIDENTIAL, SINGLE-
FAMILY (RS-2), PROVIDING FINDINGS OF FACT,
REQUIRING RECORDATION, AND PROVIDING AN
EFFECTIVE DATE (Commission)
Motion: Approve Ordinance No. 90-01-173 on first
reading.
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance would rezone. property in the core city
area from RG-1 (two-family) to RS-2 (single-family).
Discussion ensued concerning zoning map changes. Mayor Meserve
pointed out that the major change to the map would be the rezoning
from RG-1 to RS-2. Ms. Doerr pointed out that the zoning
classification of Conservation land was being created, and at a later
date there would be separate public hearings to rezone the Open Rural
lands to Conservation land.. She pointed out that the land in question
had been designated Conservation land in the Comprehensive Plan
and Future Land Use Map since 1990,. and now the zoning was being
brought into compliance with the ordinance adopted in 1990
establishing the Future Land Use Map and Comprehensive Plan.
Community Development Director Doerr noted that the ordinance
was properly noticed as required by Chapter 166, Florida Statutes.
Mayor Meserve opened the publiohearing and the following
citizen(s) spoke conceming the proposed rezoning ordinance:
Douglas Brown of Sun and Ski Development of Cincinnati, Ohio
stated that he was presently developing two pieces of property into
townhomes in the core city area for Mr. Bull. He indicated that he
wished to be vested to continue the plans for the townhomes. Mr.
Brown indicated that he would. be meeting with Community
Development Director Doerr the following morning to discuss the
plans and vesting.
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November 12, 2001
Peter Sapia of 1655 Selva Marina Drive spoke in opposition to the
zoning change and felt it was not in the best interest of the city to
eliminate duplexes in the core city. area. He felt. a duplex provided a
good entry level home, and provided higher income fofthe city.
through higher tax values and double utility revenues.
No one else spoke for or against the proposed ordinance and the
Mayor closed the public hearing.. Mayor Meserve reported that the
final reading of the ordinance and public hearing would take place
November 26, 2001.
There was no Commission discussion and the motion carried
unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-
Exception filed by Randy Wilson to sell and repair
enclosed trailers and boat trailers at 37 West 8th Street,
also described as Lots 3, 4, and 5, Block 38, Sectfon H, on
property zoned Commercial General (City Manager)
Mofion: Accept the recommendation of the Community.
Development Board and approve the use-by-exception
filed by Randy Wilson to sell and repair enclosed trailers
and boat trailers at 37 West 8th Street, also described as
Lots 3, 4 and 5, Block 38, Section H on property zoned
Commercial General (CG).
The Mayor opened the floor for a public hearing and invited
comments from the audience.
Randy Wilson, owner of the business explained that he needed a
larger space for his work and most of the work would be done inside
of the building. Mr. Wilson reviewed the recommendations of the
Community Development Board and agreed to the requirements.
Since no one spoke for or against the application, the Mayor declared
the public hearing closed.
There was no discussion and the motion carried unanimously..
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November 12, 2001
B. Ratify union contract between the City of Atlantic Beach
and the Fraternal Order of Police, Florida State Lodge, for
the period October i, 2001 through SeptembeY30, 2002
(City Manager)
Motion: Ratify. union contract between the City of
Atlantic Beach and the Fraternal Order of Police, Florida
State Lodge, for the period October 1, 2001 through
September 30, 2002.
Following brief discussion, the motion carried unanimously
C. Ratify union contract between the City of Atlantic Beach
and Northeast Florida Public Employees' Local 630 for
the period October 1, 2000 through September 30, 2003
(Amended October 1, 2001)(Ctty Manager)
Motion: Ratify union contract between the City of
Atlantic Beach and Northeast Florida Public Employees'
Local 630 for the period October 1, 2000 through
September 30, 2003.
City Manager Hanson indicated that the staff memo had been worded
improperly and it should not have stated through September 30, 2003.
He indicated that the motion should indicate approval of the amended
contract effective October 1, 2001 and "through September 30, 2003"
should be stricken .because the contract will stay in effect until
changed again.
Amendment to the motion: Strike "through September
30, 2003" and add "effective October 1, 2001."
There being no further discussion, the motion and amendment to the
motion carried unanimously.
D. (1) Stafff to report on well logging at the Buccaneer
Wells
(2) Award a contract to Camp, Dresser & McKee in the
amount of $39,597 for assessment of the Atlantic Beach
water wells and authorize the City Manager to sign the
contract
(3) Authorize staff to proceed with any necessary repairs at
a cost not to exceed $20,000 with a follow ap report on
the activities and costs as soon as they are available
(City Manager)
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November 12, 2001
Lee Wiseman. of Camp Dresser and McKee made a presentation
concerning the findings from the video logging of the four wells in the
Buccaneer District. He indicated that the purpose of the video logging
was to evaluate the condition of existing wells, to determine if the well
condition affected production and yield, to perform maintenance on the
wells as needed, and to make recommendations for future water supplies.
Mr. Wiseman reported on the condition of each well and the required
repairs. He recommended that two old, low production wells be
abandoned and that a third well be abandoned within three to five years..
Mr. Wiseman indicated that the SJRWMD would pay 25% of the
abandonment costs.
A question and answer session followed the presentation which addressed
well life and water sources and availability.
Motion: Approve request and award a contract to Camp,
Dresser & McKee in the amount of $39,597 for assessment of
the Atlantic Beach water wells and authorize the City Manager
to sign the contract.
The motion carried unanimously
Motion: Authorize staff to proceed with any necessary repairs
at a cost not to exceed $20,000, with afollow-up report on the
activities and costs as soon as they are available.
The motion carried unanimously.
E. Approve an increase in the amount of $6,411 and renew
the existing contract with First Vehicle Services from
November 15, 2001 through November 14, 2002 (City
Manager)
Motion: Approve an increase in the amount of $6,411 and
renew the existing contract with First Vehicle. Services
from November 15, 2001 through November 14, 2002.
Mayor Meserve inquired concerning the level of service provided by the
company. City Manager Hanson responded that the city was pleased with
their work.
There was no discussion and the motion carried unanimously.
F. Approve closing the City on December 24, 2001 (City
Manager)
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November 12, 2001
Motion: Approve closing City operations on December 24,
2001.
A brief discussion ensued and the motion carried unanimously
G. Discussion and related. action on the salary of the City
Manager
Mayor Meserve indicated that he had previously requested
Commissioner input concerning the performance of the City Manager
and there were no major adverse comments. Mayor Meserve ,
Commissioner Borno, and Commissioner Waters commended City
Manager Hanson's performance relative to strategic planning,
researching projects, and providmg the Commissioners information
addressing comments by citizens in a timely manner.
Motion: Authorize a 4% pay increase for City Manager
Hanson.
There being no fiuther discussion, the motion carried unanimously.
H. Status report and approval of Change Order No. 2 in the
amount of $75,143.25. in the Sherry Drive improvement
project (City Manager)
Motion: Approve Change Order No. 2 (Option No. l) in the
amount of $75,143.25.
Discussion concerning the various options ensued. City Manager Hanson
recommended that Option No. 1, a copy of which is attached as
Attachment C be approved in order to provide along-term solution to the
problem.
Commissioner Beaver inquired as to why the core samples that were taken
did not indicate the presence of buried trees. Public Works Director
Kosoy used a Powerpoint presentation to illustrate the areas the trees were
found and responded that the samples were taken at a depth of 10', every
500' and if organics were found, the geotechnical engineer would not
think of it as a problem.
Commissioner Waters inquired if the additional costs would be covered by
the contingency for the project, and. City Manager Hanson responded that
it would be covered by the contingency.
There being no fiuther discussion, the motion carried unanimously:
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November 12, 2001
I. Approve Community Development Block Grant contract
with the City of Jacksonville and authorize the Mayor to
sign the contract document (City Manager)
Motion: Approve Community Development Block Grant
contract with the City of Jacksonville and authorize the
Mayor to sign the contract document.
There was no discussion and the motion carried unanimously..
J. Selection of Mayor Pro Tempore (Commission)
Mayor Meserve recommended that Commissioner Beaver continue as
Mayor Pro Tempore.. There were no objections to the
recommendation.
Motion: Approve recommendation of the Mayor that
Commissioner Beavercontinue to serve as Mayor Pro
Tempore.
The motion carried unanimously.
9. City Manager Reports:
The City Manager's written report is attached and made part of this
official record as Attachment D. lri addition to the written report,
City Manager Hanson provided information on the following item(s):
Dutton Island construction had been stopped temporarily dae
to a surveying error of elevations in the area where the septic
tank and comfort stations were to be constructed. He
indicated that a redesign would be needed because the present
site was too low for the septic tank installation.
The City Manager stated that Landers Atkins had found a
new site for the septic tank, but it would require reissuance of
the permit. He indicated that the new site required more fill
dirt, but the city hoped to get it from the Port Authority who
were giving the city a grant of up to $40,000 to fill in the lake
on the island. City Manager Hanson hoped that there would
be no additional cost to the city for the work and indicated that
he would report back to the Commission as soon as the issues
were worked out.
10. Reports and/or requests from City Commissioners and
City Attorney
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November 12; 2001
Commissioner Waters
• Complimented staff for the professional design of the city's
.new Welcome Brochure.
Commissioner Parsons
• Reported that the Supervisor of Elections office would
conduct voter registration during the Jordan Park Ribbon
Cutting Ceremony.
Commissioner Beaver
Reported that he would be unable to attend the Ribbon Cutting
Ceremony.
• Reported that he would like to get power to the medians on
Atlantic Boulevard for holiday lighting and the lighting of the
palm trees.
• Requested that Early Piety be contacted concerning the
possible loss of a Royal Palm at Bull Pazk. He indicated that
the tree maybe infested with cabbage beetles which can
spread to other trees.
Commissioner Borno
Indicated that concerning liability insurance for the Turtle
Patrol, Mort Hanson and one other person of the Sea Turtle'
Patrol operated the ATV. He indicated that Mr. Hanson had
no problem with the second option in the City Manager's
report (See 3A). It was the consensus of the Commissioners
that the costs be determined before making a decision.
• Indicated that it was his understanding that the city had an
ordinance prohibiting the use of banners and felt they should
not be used as seasonal decorations.
Mayor Meserve
• Reminded everyone of the Ribbon Cutting Ceremony for
Jordan Park at 9:00 a.m. on Saturday.
• Indicated that there would be a clean up of Mayport Road
beginning at 7:30 a.m. on Saturday in conjunction with the
Mayport Waterfront Partnership.
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November 12, 2001
• Indicated that the zoning overlay map for the Village of
Mayport has been approved by the City of Jacksonville.
Indicated that they were still pursuing creation of a
community redevelopment area for the Mayport Road
corridor, which could be used as a tool to get the area cleaned
up. He further indicated it was planned to do a blight study
of the area, which would be required by the state as part of the
process to create a community redevelopment. area. It was
reported that the study would cost approximately $65,000 and
would take four to six months to complete.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:45 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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