Minutes / 12-14-99MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 PM ON TUESDAY, DECEMBER 14,
1999
PRESENT: .John Meserve, Mayor
Richard Beaver
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 offered by Commissioner Beaver followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
November 22, 1999
There being no corrections or amendments, the minutes were unanimously
approved as prepared.
2. Courtesy of the Floor to Visitors:
A. Alan Potter of 374 Second Street spoke in opposition to the
Aikenhead and Odom preliminary plan. He felt the costs were
excessive and that the proposal failed to define the required task.
B. J.P. Marchioli of 414 Sherry Drive, speaking for the Round Table
group, concurred with Mr. Potter's comments. He also requested
a written update on the People's Gas franchise and clarification of
Item 8-D concerning stormwater fees,-which he hoped would result
in a decreased fee.
C. Pete Dowling of 113 4~' Street requested clarification of Item 4-D
and was told that the bid was for playground equipment. Mr.
Dowling opposed the proposed plan for the park and requested that
the Commission table Items 4-E, 4-F, and 4-G.
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December 14, 1999
D. Cindy Corey of 394 8~` Street agreed with Mr. Dowling and stated
that the plan contained too much hardscape. She favored using the
1995 design plan proposed by the University of Florida.
3. Unfinished Business from Previous Meeting
A. Report and Public Hearing regarding the Mayport Road
Flyover project and possible closure of West First Street
(Mayor)
City Manager Hanson reported on a meeting with the Jacksonville
Transportation Authority. (TTA) that he and Community Development
Director Worley attended to discuss issues relating to the Mayport Road
/Atlantic Boulevard flyover and the Wonderwood Connector. CityManager
Hanson indicated the JTA was very receptive to the city's requests. A copy
of the synopsis of the meeting dated December 9, 1999, is attached and
made part of this official record as Attachment A.
After the report, Mayor Meserve opened the public hearing and the
following citizens expressed their concerns:
Don Wolfson of 1725 Beach Avenue felt the entire area of the city located
south of Church Road and west of Mayport Road should be studied by the
Community Development Board to assess the impact ofthe flyover on traffic
patterns in the area.
Pat Pillmore of 995 Camelia Street felt the city should address ingress and
egress from Section H since the West First StreetBegonia Street exits had
been lost. Ms. Pillmore concurred with Mr. Wolfson's comments.
J.P. Marchioli of 414 Sherry Drive commented on a letter he had written
to Miles Francis, Executive Director of the JTA, opposing the flyover and
Jack Gabriel's response to that letter.
.Since no one else wished to speak, Mayor Meserve closed the public
hearing.
Motion: Authorize the City Manager to continue negotiations
with the JTA regarding the flyover.
Following the report and public hearing, discussion ensued and the following
concerns or suggestions will be addressed in the City Manager's continued
negotiations with the JTA
• Consideration of the use of a pliable expansion joint material to
lessen traffic noise from the flyover.
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December 14, 1999
• Consideration of child safety if a park is located at the Atlantic
BoulevardlMayport Road intersection retention pond.
• Use of side mounted lights as opposed to conventional light poles
on the flyover structure.
• Berm size. It was pointed out that the proposed 42 foot long, ten
foot high berm would be ugly and would not provide any safety
factor to the residents of the trailer park. It was suggested that the
berm be replaced with heavy plantings of trees and shrubbery.
• Traffic flow in Section H and consideration of the turning radius of
large commercial vehicles, which may be using Orchid Street.
• The need for a sidewalk and/or bike path across the Intracoastal
waterway bridge to provide continuity with the existing bike path on
Atlantic Boulevard and for pedestrian safety.
• Locating a skateboard park at the site of the retention pond nearest
the intersection for use by older children.
• Paving and the installation of left turn lanes on Orchid Street to
accommodate potential heavy truck traffic.
• Use of a low level cup-shaped retaining wall for ground level noise
containment.
• Closure of West First Street (It was the consensus of the
Commission to close the street).
It was suggested that Don Wolfson and other interested citizens work with
the City Manager to take apro-active approach to address the concerns of
the residents of Section H.
B. Follow up report from previous meeting
Mayor Meserve received and acknowledged the City Manager's follow-up
report, a copy of which is attached as Attachment B.
4. Consent Agenda:
B. Authorize aone-year extension of the contract with Video
Industrial Services, Inc. for sewer cleaning and televising as bid
under Bid No. 9899-8 (City Manager)
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C. Authorize aone-year extension of the contract with Leachem
Industries for the purchase of polymer, as bid under Bid No.
9899-2 (City Manager)
w Commissioner Borno requested that Items D, E, F and G be removed from
the Consent Agenda for discussion,- and Commissioner Waters requested
that Item A be removed for discussion.
Motion: Approve Consent Agenda Items Band C, as
presented.
There was no discussion and the motion carried unanimously.-
A. Acknowledge receipt of monthly reports from Building, Code
Enforcement, Occupational License and Recreation
Departments (City Manager)
Commissioner Waters noted the number of permits pulled for duplex
residences outnumbered single family residences in the Building Department
monthly report. He suggested a review of the city's Zoning Ordinance
concerning allowable density.
D. Acknowledge receipt of Public Works Project Status Report as
of December 3, 1999 (City Manager)
Commissioner Borno inquired regarding the utility conflicts mentioned in
Item #11 of the report (Mayport Road Flyover). Public Works Director
Kosoy indicated that he had not reviewed the 100% plans, but Pittman,
Hartenstein, were to provide a proposal to resolve conflicts concerning fire
hydrants and water lines. City Manager Hanson stated he would discuss this
matter with the Jacksonville Electric Authority (JEA).
Items E, F and G concern the renovations, landscaping and playground
equipment for Bull Memorial Park and were discussed concurrently.
E. Award contract to Military Construction for renovation of Bull
Memorial Park, pursuant to the specifications ofBid No.9900-1
(City Manager)
F. Award contract to E & W Nursery in the amount of $64,936.16
for landscaping of Bull Memorial Park, pursuant to the
specifications of Bid No. 9900-2 (City Manager)
G. Approve purchase of playground equipment and construction
for Bull Memorial Park, under State Contract from the Gerber
Group in the amount of 543,178.00 (City Manager)
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December 14, 1999
Commissioner Borno stated he had been contacted by several citizens who
favored installation of new playground equipment and additional shade trees
in the park, but wished to leave the remainder of the park in its present
state. Commissioner Borno felt too much money had been budgeted for
the project, but agreed that the playground equipment should be replaced.
Motion: Approve Item 4G as recommended.
Commissioner Beaver favored all of the improvements in the current plan,
and stated he would like to move forward with the renovations as soon as
possible.
DeJean Melancon, Chairman of the Parks and Recreation Advisory Board,
also supported the current design and recommended the Commission move
forward with the entire project.
A brief discussion of line item and mobilization costs, as well as funding
sources for the overage ensued. It was reported that the additional funding
could come from the Land Purchase -General Government Fund or money
proposed for the Town Center Project/Convention Development Fund.
Following further discussion, the motion and second were withdrawn by
Commissioners Borno and Mitchelson respectively.
Motion: Approve Items 4E, F and G as recommended.
Commissioner Waters stated that he wanted the funding to remain in the
budget for the Town Center Project and requested that the Commission
meet with Landscape Architect Glen Mitchell to discuss landscaping
proposed for Town Center.
There being no further discussion, the motion carried by a three to two vote
with Commissioner Beaver, Commissioner Mitchelson and Mayor Meserve
voting aye, and Commissioners Borno and Waters voting nay.
5. Committee Reports:
A. Report relative to franchise negotiations with People's Gas
(Commissioner Borno)
Commissioner Borno reported that City Manager Hanson, City Attorney
Jensen, former Acting City Manager Thompson, and he had met with
representatives from People's Gas to discuss changes to the proposed
franchise agreement. Commissioner Borno indicated that wording required
by city ordinances still needed to be included in the agreement, but People's
Gas (TECO) had agreed to elimination of the base charge and a 6% of
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December 14, 1999
gross revenue franchise fee. Commissioner Borno stated he would provide
the Commission a copy of the revised agreement as soon as it is received.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 95-99-72 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 5, BEACHES AND
PARKS, ARTICLE III, PUBLIC PARKS, SEC. 5-31,
HOWELL PARK USE PROHIBITED AFTER DARK, TO
PROHIBIT USE OF ALL PUBLIC PARKS AFTER DARK,
PROVIDING CERTAIN EXCEPTIONS THERETO, AND
PROVIDING AN EFFECTIVE DATE (City Commission)
Motion: Approve Ordinance No. 95-99-72 on final reading.
The Mayor opened the floor for a public hearing and invited comments from
the audience.
J.P. Marchioli of 414 Sherry Drive suggested that the hours of operation
for parks be posted at each park entrance.
Since no one else spoke for or against the matter the Mayor declared the
public hearing closed. There was no discussion and the motion carried
unanimously.
B. Ordinance No. 5-99-32 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VII, FINANCE, DIVISION 1. GENERALLY, TO
PROVIDE THAT AMENDMENTS TO THE CITY'S
OPERATING BUDGET SHALL BE AUTHORIZED BY
ORDINANCE, AND DELETING SEC. 2-318 RESERVE
ACCOUNT FOR FIRE DEPARTMENT REVENUE;
AMENDING DIVISION Z. PURCHASING, TO APPROVE
CERTAIN CHANGES IN THE CITY'S PURCHASING
PROCEDURES, AND PROVIDING AN EFFECTIVE DATE
(City Manager)
Motion: Approve Ordinance No. 5-99-32 on final reading.
Mayor Meserve opened the public hearing. Since no one spoke for or
against the ordinance, the Mayor declared and the public hearing closed.
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December 14, 1999
Commissioner Waters inquired concerning the five day advertising
requirement set forth in Section 2-332 of the ordinance. City Manager
Hanson explained that Section 2-332 set a minimum requirement.
Commissioner Waters also inquired concerning Item 10 under Section 2-338
of the ordinance and City Manager Hanson explained its intent.
There being no further discussion, the motion carried unanimously.
C. Ordinance No. 33-99-7 Introduction and First Reading
AN ORDINANCE CALLING FOR A REFERENDUM TO
AMEND THE CHARTER OF THE CITY OF ATLANTIC
BEACH, FLORIDA, TO CHANGE THE DATE OF CITY
ELECTIONS, AND IF APPROVED, TO PROVIDE FOR THE
FOLLOWING RELATED CHANGES: TO PROVIDE THAT
CERTAIN FUNCTIONS SHALL BE CARRIED OUT BY THE
DUVAL COUNTY SUPERVISOR OF ELECTIONS; TO
PROVIDE FOR A CHANGE IN THE DATE WHEN
NOMINATING PETITIONS MAY BE CIRCULATED; TO
PROVIDE FOR AONE-TIlVIE ADJUSTMENT IN THE
TERMS OF CURRENT ELECTED OFFICIALS; TO
PROVIDE FOR A CHANGE IN THE DATE WHEN
COMMISSION SEATS SHALL BECOME VACANT AND
NEW COMMISSION MEMBERS SHALL BE INSTALLED;
AND PROVIDING AN EFFECTIVE DATE (Commissioner
Mitchelson)
Motion: Approve Ordinance No. 95-99-72 on first reading.
Commissioner Mitchelson, sponsor of the ordinance, stated that passage of
the ordinance to change the date of the city elections to coincide with state
and federal elections, would increase voter participation and save the city
approximately $7,000.00 every other year. In addition to the election date
change, Commissioner Mitchelson also summarized the related Charter
amendments which would be required.
Commissioner Waters, Beaver and Borno expressed opposition to the
proposed ordinance. They felt that the local election would be diluted if
linked to the state and federal elections, and that it should focus completely
on Atlantic Beach candidates and issues.
Mayor Meserve concurred with Commissioners Waters, Beaver, and Borno.
There being no further discussion, the motion was defeated by a four to one
vote with Commissioner Beaver, Commissioner Borno, Commissioner
Waters, and Mayor Meserve voting nay and Commissioner Mitchelson
voting aye.
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December 14, 1999
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-Exception
filed by Charles E.R Watson to operate a wholesale distribution
and food storage warehouse on property described as Lots 1-
3, Block 26, Section H, Atlantic Beach, zoned CG (City
Manager)
Motion: Grant Use-by-Exception filed by E.R Watson to
operate a wholesale distribution and food storage warehouse at
the northwest corner of Mayport Road and West Second Street
on property described as Lots 1-3, Block 26, Section H, Atlantic
Beach, zoned CG, Commercial General as recommended by the
Community Development Board. (The Community Development
Board recommended approval with the conditions that two
additional parking spaces be added on the east side of the building
creating a total of seven parking spaces; that there be no roll-up
canister door facing Mayport Road; that the hours of operation be
set as daylight and weekday only, that there be no direct driveway
access to Mayport Road, and that the use-by-exception be granted
to the applicant only and for this location only).
Commissioner Borno commented that this request was a good example of
the traffic impact of commercial vehicles in an azea discussed earlier and
stated that a study of traffic patterns in Section H was warranted.
Mayor Meserve opened the public hearing and invited comments.
Tom Nugens, a partner in the proposed business, stated that traffic concern
was a valid issue, but he pointed out that commercial traffic already uses
Levy Road. He further stated that his business used UPS for pick up and
delivery.
Since no one else wished to speak, the Mayor declazed the public hearing
closed.
Commissioner Waters stated that he wanted the cypress trees on the site
preserved and inquired if it could be added as one of the conditions for the
use-by-exception. Mr. Nugens responded that this was new construction
and all of the trees on the site would be preserved, except for one diseased
cypress tree.
There being no further discussion, the motion carried unanimously.
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December 14, 1999
B. Appointments to Community Development Board (2) (Mayor)
Mayor Meserve stated that he would like to appoint Samuel Jacobson and
Bill Gulliford to four year terms on the Community Development Board.
Discussion ensued relative to the board appointments and Commissioner
Mitchelson nominated Don Wolfson for reappointment to the board.
Motion: Appoint Samuel Jacobson to a four year term on the
Community Development Board.
There being no further discussion, the motion carried unanimously.
Mayor Meserve felt that term limits applied to the Commission and should
also apply to the Community Development Board members.
Further discussion ensued relative to Mr. Wolfson's reappointment with
Commissioners Borno and Waters supporting his reappointment.
Motion: Reappoint Don Wolfson to a four year term on the
Community Development Board.
There being no further discussion, the motion carved unanimously.
C. Authorize the Mayor to sign the grant application for the
Atlantic Beach Pursuit Termination Project (City Manager)
Motion: Authorize the Mayor to sign the grant application for
the Atlantic Beach Pursuit Termination Project.
There was no discussion and the motion carried unanimously.
D. Authorize the Mayor to write to the Duval County Legislative
Delegation supporting legislation that would firmly establish the
ability of Florida cities to charge stormwater fees (City
Manager)
Motion: Authorize the Mayor to write to the Duval County
Legislative Delegation supporting legislation that would firmly
establish the ability of Florida cities to charge stormwater fees.
City Manager Hanson briefly explained that the Florida Association of
Stormwater Utilities' were requesting support for proposed legislation to
firmly establish the ability of Florida cities to charge stormwater fees.
There was no discussion and the motion carried unanimously.
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December 14, 1999
E. Authorize the Mayor to sign the Disaster Relief Funding
Agreement with the State of Florida for the reimbursement of
expenses incurred during Hurricane Floyd (City Manager)
Motion: Authorize the Mayor to sign the Disaster Relief
Funding Agreement with the State of Florida for the
reimbursement of expenses incurred during Hurricane Floyd.
There was no discussion and the motion carved unanimously.
F. Authorize execution ofPart A -Preliminary Engineering Design
Report, with Aikenhead and Odom in an amount of
$273,532.34; and approve additional services for sub-
Consultants, Giotto & Associates, Inc., (Proposal dated
11/12/99) and Ellis & Associates, Inc. (Proposal dated 11/11/99)
in an amount not to exceed $72,292.00(City Manager)
Motion: Authorize execution of Part A -Preliminary
Engineering Design Report, with Aikenhead and Odom in an
amount of $273,532.34; and approve additional services for sub-
Consultants, Giotto & Associates, Inc., (Proposal dated
11/12/99) and Ellis & Associates, Inc. (Proposal dated 11/11/99)
in an amount not to exceed $72,292.00.
Commissioner Mitchelson inquired as to a timetable for completion of the
Preliminary Engineering Design Report and Neil Aikenhead advised that it
would be completed in June of 2000.
City Manager Hanson provided background information and explained that
the current proposal divided the engineering work required to bring the
project to a point ready to bid into Parts A and B, which included the
Preliminary Engineering Design Report and the Final Design and permitting
work. City Manager Hanson's report dated December 8, 1999, explaining
the request is attached and made part of this official record as Attachment
C.
Don Phillips of 1566 Park Terrace West, a member of the Stormwater
Review Committee (SRC), felt the SRC should have reviewed the
Aikenhead and Odom proposal. Mr. Phillips expressed concerns relative to
the Preliminary Design and related costs.
Mr. Odom responded to Mr. Phillips concerns and explained the overhead
costs in detail. Mr. Odom assured the Commission that the Preliminary
Design document produced under Part A would provide the city with a
document to facilitate its decision.
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December 14, 1999
Discussion ensued relative to the duties of the SRC and City Manager
Hanson pointed out that three meetings with the SRC would occur during
the preliminary design phase (Part A) of the project.
There being no further discussion, the motion tamed unanimously.
G. Approve Change Order in the amount of $14,420.00 to provide
Vent O Mat valves in lieu of the standard air release valves at
four locations for the Wonderwood Utility Relocation project
(City Manager)
Motion: Approve Change Order in the amount of $14,420.00
to provide Vent O Mat valves in lieu of the standard air release
valves at four locations for the Wonderwood Utility Relocation
project.
Commissioner Borno inquired as to why only four Vent O Mat valves were
being requested. Public Works Director Kosoy explained that the
Jacksonville Electric Authority now required the use of a higher quality air
release valve for their projects. He further stated Frank Gray, P.E. of the
R-A-M Professional Group, the city's design engineer for the utility
relocation project, recommended installation of two of the Vent O Mat
valves on the bridge where the relative inaccessibility of the valves made
maintenance difficult, and at the ends of two force mains, for improved
protection against pressure surges.
Public Works Director Kosoy indicated that the cost difference to replace
four air release valves with the higher quality valves would be $14,420.00,
with payment coming from funds included under the Buccaneer Sewer
Utility Fund Capital Account for the project.
There being no further discussion, the motion carried unanimously.
H. Authorize the Mayor to execute the Conceptual Approval
Agreement with Florida Communities Trust Grant for the
acquisition of the Dutton Island Intracoastal Waterway Park
Expansion (City Manager)
Motion: Authorize the Mayor to execute the Conceptual
Approval Agreement with Florida Communities Trust Grant for
the acquisition ofthe Dutton Island Intracoastal Waterway Park
Expansion.
Mayor Meserve pointed out that as part of the joint grant application
agreement, the city had agreed to manage the property and provide on-going
maintenance even though the property is not located within the city limits.
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December 14, 1999
Following brief discussion, the motion carved unanimously.
I. Authorize Suzanne Shaughnessy to attend the Florida Shore
and Beach Preservation Association workshops as a delegate
representing the City of Atlantic Beach (Comm. Mitchelson)
Motion: Authorize Suzanne Shaughnessy to attend the Florida
Shore and Beach Preservation Association workshops as a
delegate representing the City of Atlantic Beach.
Commissioner Mitchelson explained the request in detail. His memo dated
December 9, 1999, explaining the request is attached and made part of this
official record as Attachment D.
Mayor Meserve felt it would be best for a current Commissioner to
represent the city.
It was pointed out that a series of five workshops would probably be
conducted and former Mayor Shaughnessy had already missed the first
session.
Motion: Defer action on Item 8-I to the January 10, 2000
Commission Meeting to obtain more information concerning
the workshops.
There being no further discussion, the motion carried unanimously.
J. Approve the Public Works union contract for the period
October 1,1999 through September 30, 2000 (City Manager)
Motion: Approve the Public Works Union Contract for the
period October 1, 1999 through September 30, 2000.
There was no discussion and the motion carried unanimously.
9. City Manager Reports:
• Reported on the results of recent smoke tests of sewer lines in the
core city area.
• Reported on a recent meeting with representatives of the U. S. Postal
Service concerning a customer entrance to the Post Office to be
located on Plaza Street.
Motion: Authorize City Manager Hanson to continue
negotiations for a customer entrance to the Post Office to be
located on Plaza Street.
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December 14, 1999
Commented that there were a few changes he would propose and he
would provide a full report to the Commission in January.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Beaver
• ~ Requested that discussion of the Adele Grage Community Center be
placed on the next agenda for discussion. Commissioner Beaver
indicated his displeasure concerning the condition of the interior of
the building.
Commissioner Borno
• Requested a staff report concerning what it would take to remove
the hump in the road on West Plaza at the intersection with
Mayport Road.
• Requested a report of damages caused by Media One's installation
of fiber optic lines throughout the city.
Mayor Meserve
• Stated that Johnston Island was for sale for $1.6 million and asked
for a sense of the Commission if the city should pursue purchasing
the property as a joint venture with the City of Jacksonville and the
Florida Department of Transportation. Some interest was expressed
and the Mayor stated he would continue to gather information.
Commissioner Waters
• Requested that Glenn Mitchell, landscape architect for the Town
Center Project, be allowed to address the Commission at the next
meeting concerning proposed landscaping of Ocean Boulevard
between Ahern and First Streets.
• A brief video indicating siltation of the drainage ditch running from
Plaza Street through the Selva Lagoon to Fleet Landing was shown.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 11:20 p.m.
John Meserve
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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