Minutes / 02-14-004
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 PM ON MONDAY, FEBRUARY 14,
2000
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. A
devastating tornadoes which occurred recently in Georgia, followed by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
January 24, 2000
There being no corrections or amendments, the minutes were unanimously
approved as prepared.
2. Courtesy of the Floor to Visitors:
A. Pam Bushnell, Editor of Tide Views
Pam Bushnell, Editor of the Tide Views Newsletter, requested that she be
__ allowed to continue as the Editor of the city's newsletter and also to
upgrade the publication. Ms. Bushnell requested a one time subsidy of
$500.00 to offset the increased costs of converting to a two-color format
and upgraded paper stock.
A brief discussion ensued concerning the format of the newsletter. Ms.
Bushnell recommended two color printing throughout the newsletter with
advertising, as listed in Option A of her memo dated February 7, 2000. The
memo is attached and made part of this official record as Attachment A.
Motion: Approve Option A as recommended with a one time
subsidy of $500.00 for the June issue to offset the increased cost
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February 14, 2000
to transition to two-color printing.
There being rio further discussion the motion carried unanimously
Jim VanHorn of 985 Main Street, inquired concerning the septic tank
issue and felt it was unfair to require a homeowner to hook up to the sewer
if he had a working septic tank. He also inquired as to how he would be
billed for sewer service since he had his own well.
Pat Pillmore of 995 Camelia Street, reiterated the promise of former
Mayor Bill Gulliford that the residents would not have to hook up until such
time as their systems failed.
Stephen Kuti of 1132 Linkside Drive, inquired concerning the Mayor's
rules for allowing the public to speak Mayor Meserve repeated his rules for
receiving public comments and requested an opinion from the City Attorney
that meetings were being conducted in a legal manner.
J.P. Marchioli of 414 Sherry Drive, commented on the right of free
speech. He also felt that residents should not be required to connect to the
city sewer unless their septic system failed. Mr. Marchioli also commented
on the condition of Sherry Drive which he hoped would be resolved in the
near future with completion of the core city project.
Items 6A, 7A, 7B and 8B were taken out of sequence and acted on at this
time.
6A. Resolution No. 00-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THE JACKSONVILLE
TRANSPORTATION AUTHORITY TO MODIFY THE
LANDSCAPING PLANS FOR THE MAYPORT FLYOVER
TO REPLACE THE PROPOSED BERM WITH A BAND OF
TREES AND SHRUBS; TO APPLY THE RESULTING COST
SAVINGS TO PARK, ROADWAY, AND DRAINAGE
IMPROVEMENTS NECESSITATED BY THE
CONSTRUCTION OF THE MAYPORT FLYOVER; AND
PROVIDING AN.EFFECTIVE DATE
Motion: Adopt Resolution 00-01.
Mayor Meserve opened the public hearing and invited comments. No one
wished to speak and the Mayor declared the public hearing closed.
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February 14, 2000
COMMISSIONERS
Discussion ensued regarding the level of sound protection which would be
provided by a berm vis a vis heavy landscaping, following which it was
agreed that a planting of mature plants at the intersection would provide a
sound barrier equal to that of a berm. Also, it was felt that maintenance of
a berm would be difficult and costly.
Following the discussion, Mr. Arrington, a representative of the
Jacksonville Transportation Authority, answered questions and explained
various types of noise abatement based on established State and Federal
procedures.
Commissioner Borno indicated that he had spoken to Michael Hoffman,
spokesperson for the residents of the area, and Mr. Hoffman indicated the
berm was negotiable.
Commissioner Waters felt that the wishes of the neighboring property
owners should be adhered to concerning the berm and the landscape plans
should not be altered by removing it.
Mr. Arrington pointed out that there was no technical reason to install the
berm, but it was something the JTA was willing to do, if that was the wish
of the community. He further stated that originally, the landscape architect
was going to design the intersection without a berm, utilizing small
contour areas with flat areas in between.
Mayor Meserve called the question, and the motion carried by a four to one
vote with Commissioners Beaver, Borno, Mitchelson and Mayor Meserve
voting aye and Commissioner Waters voting nay.
7A: Ordinance No. 65-00-25 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING PORTIONS OF WEST FIRST
STREET, AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 65-00-25 on final reading.
Mayor Meserve opened the public hearing and invited comments.
Pat Pillmore of 995 Camelia Street, indicated that she had collected
twenty-three signatures of citizens opposing the closing of West First and
Begonia Streets. The list is attached and made part of this official record as
Attachment B. Ms. Pillmore stated that she did not know Mr. Hoffman,
who had spoken an previous meetings on behalf of the residents of the area,
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February 14, 2000
and reiterated her previous concerns regarding traffic patterns created by
construction of the flyover.
Mary Hersey of 985 Main Street, requested better traffic signage,
including speed limit signs, detour signs and maximum weight signs for the
area affected by the flyover construction.
Sharon Taylor of 480 West 9`h Street, a lifelong resident of the city,
commented on present, past and potential traffic problems in the area. She
concurred with Ms. Pillmore's statements concerning hooking up to the
sewer, and also indicated she had no obj ections to the closing of First Street.
Clyde Reilly of 443 Whiting Lane, inquired as to why the area was called
Section H.
J.P. Marchioli of 414 Sherry Drive, commented on the increased traffic on
Sherry Drive and stated that the street was being used as a shortcut to
Mayport Road.
There being no further comments, Mayor Meserve closed the public hearing.
Commissioner Mitchelson requested consideration of using First Street as
aright turn only exit onto Mayport Road.
Commissioner Beaver felt that First Street should be closed for safety
reasons and made into a cul-de-sac.
Commissioner Borno supported the closure of the street.
-- Commissioner Waters opposed closing the street at this time. He felt it
could be closed after construction of the flyover, if necessary. He felt that
consideration should be given to the impact on the residents caused by
closing both streets. Commissioner Waters also expressed concern for
increased truck traffic in the residential areas.
Mayor Meserve believed the street should be closed for traffic safety, and
stated that traffic patterns in the area would be studied to determine the best
approach to solving the problem.
There being no further discussion, the motion carried by a four to one vote
with Commissioners Beaver, Borno, Mitchelson and Mayor Meserve voting
aye and Commissioner Waters voting nay.
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February 14, 2000 .
7B. Ordinance No. 65-00-26 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING CERTAIN PORTIONS OF BEGONIA
STREET, AND PROVIDING AN EFFECTIVE DATE
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Motion: Approve Ordinance No. 65-00-26 on final reading. BORNO
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Mayor Meserve opened the floor for a public hearing and invited comments MESERVE
from the audience.
Shirley Taylor of 480 Begonia Street, inquired as to what part of the street
would be closed. Ms. Taylor was informed ingress and egress to Atlantic
boulevard had been temporarily closed during the construction of Tide
Views Park, and the ordinance would close that portion of the street
permanently.
Since no one else wished to speak, the Mayor closed the public hearing.
It was pointed out that closing that portion of Begonia Street would reduce
traff c presently using Main Street and Begonia as a shortcut to Atlantic
Boulevard.
There being no further discussion, the motion carried unanimously.
8B. Public Hearing and action on a request for aUse-by-Exception
filed by Kirit Patidar to construct a motel on property located
470 feet north of Fairway Villas on Mayport Road, Zoned
Commercial General (CG)
Motion: Grant Use-By-Exception to Kirit Patidar to BEAVER
construct a motel on property located 470 feet north of BoRN0
Fairway Villas on Mayport Road zoned Commercial MITCHELSON
General (CG) as recommended by the Community Development WATERS
Board. (The Community Development Board recommended MESERVE
approval with the conditions that the parking requirements must be
met for the number of rooms proposed, the exception be granted to
the applicant or his corporation only, and for this location only, that
the construction of this building must commence within twelve
months, and commencement of construction shall be deemed the
installation of permanent foundation elements of the building.
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Mayor Meserve opened the public hearing and invited comments.
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February 14, 2000
Since no one else wished to speak, the Mayor declared the public hearing
closed.
Commissioner Beaver reminded the applicant of the city's landscaping
ordinance. Mr. Meadows, representing the applicant, indicated that a
detailed landscaping plan was included with the plans for the motel.
There being no further discussion, the motion carried unanimously.
3. Unfinished business from previous meeting
A. Follow up report from previous meeting
Commissioner Mitchelson inquired concerning Item 2 of the report
concerning the city's request that the Jacksonville Electric Authority (JEA)
stop the installation of fire hydrants, and water and sewer lines within the
city's service area.
City Manager Hanson reported that the JEA had taken out the hydrants
already installed for the Wonderwood project and had stopped the
installation of any additional stub outs. He further reported that they had
agreed to remove the stub outs and hydrants from the plans for the flyover
and shorten the water line extension into the city limits to just under the
bridge. City Manager Hanson felt they had essentially committed to what
the city asked them to do, but still had submitted a written commitment,
As a point of clarification, Commissioner Borno inquired if the "bridge"
meant the expansion of the Intracoastal bridge or the flyover bridge. City
Manager Hanson stated that it was his understanding that it was the flyover
bridge, but he would verify this with the JEA and report back to the
Commission..
B. Discussion and related action regarding naming the park
currently known as Dutton Island
Commissioner Waters reported that Messrs. Shepherd and Wilson were
unable to be present to speak on the history of the island, as he had hoped,
and had nothing further to offer.
Following brief discussion it was agreed to defer action on naming the park
until the meeting of April 10, 2000, to allow time for the Recreation
Advisory Board to discuss the matter and present their recommendations.
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February 14, 2000
C. Letter from Florida Department of Health regarding the use of
septic tanks
City Manager Hanson provided background information prior to the receipt
of the letter from the Florida Department of Health concerning the septic
tank issue. The City Manager stated that the Florida Department of Health
required homeowners on septic tank/drainfield systems to connect to the
sewer system within 3 65 days of notification that the system was available.
The letter from the Health Department is attached and made part of this
official record as Attachment C.
Discussion ensued and the City Manager was directed to review the matter
further and report back to the City Commission with several options for their
consideration regarding the requirement to connect to the public sewer
system. He also requested that the City Attorney research whether the city
would be in legal jeopardy by taking no action, and whether the present
Commission had an obligation to uphold the promise of a previous
Commission.
4. Consent Agenda:
Commissioner Beaver requested that Item 4B and Mayor Meserve
requested that Item 4D be removed from the Consent Agenda for
discussion.
A. Acknowledge Receipt of Monthly Reports from Building, Code
Enforcement, Occupational License, Public Works and
Recreation Departments
C. - Acknowledge Receipt of Report Relative to Workers'
Compensation Premiums
Motion: Approve Consent Agenda Items A and C as presented.
There was no discussion and the motion carried unanimously.
B. Acknowledge Receipt of Dutton Island Update
Commissioner Beaver inquired if it would be possible to still receive the
$30,000.00 from the Port Authority. City Manager Hanson explained that
receipt of the money was predicated on the 3acksonville Port Authority
obtaining a permit for one of their projects. However, the project was
denied and the money would, therefore, not be provided for the culvert.
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February 14, 2000
D. Acknowledge receipt of report relative to changes in the City's
Health Insurance Health Maintenance Organization (HMO)
Mayor Meserve inquired if the list of doctors in the new Exclusive Provider
Organization (EPO) was the same as found in the city's HMO. City
Manager Hanson indicated that the employees would still be able to go to
their current doctors under the new plan.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Resolution No. 00-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THE JACKSONVILLE
TRANSPORTATION AUTHORITY TO MODIFY THE
LANDSCAPING PLANS FOR THE MAYPORT FLYOVER
TO REPLACE THE PROPOSED BERM WITH A BAND OF
TREES AND SHRUBS; TO APPLY THE RESULTING COST
_ SAVINGS TO PARK, ROADWAY, AND DRAINAGE
IMPROVEMENTS NECESSITATED BY THE
CONSTRUCTION OF THE MAYPORT FLYOVER; AND
PROVIDING AN EFFECTIVE DATE
(Item 6A was taken out of sequence and acted on earlier in the meeting
after Item 2E ).
7. - Action on Ordinances:
A. Ordinance No. 65-00-25 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING PORTIONS OF WEST FIRST
STREET, AND PROVIDING AN EFFECTIVE DATE
(Item 7A was taken out of sequence and acted on earlier in the meeting
after Item 6A). .
B. Ordinance No. 65-00-26 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING CERTAIN PORTIONS OF BEGONIA
STREET, AND PROVIDING AN EFFECTIVE DATE
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February 14, 2000
Item 7B was taken out of sequence and acted on earlier in the meeting after
Item 7A).
C. Ordinance No. 25-00-31 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING SECTION 6-31 OF THE CODE OF
ORDINANCES TO ADOPT THE NATIONAL ELECTRIC
CODE,1999 EDITION, AND PROVIDING AN EFFECTIVE
DATE
Motion: Approve Ordinance 25-00-31 on first reading.
Mayor Meserve indicated the public hearing and final reading of the
ordinance would be held February 28, 1999.
There was no discussion the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-Exception
filed by Forest Thomas, to park school buses on property
located on Stock Street beriveen 14"' Street West and Levy
Road, Zoned Commercial General (CG)
Motion: Grant Use-by-Exception filed by Forest Thomas to
park school buses on property located on Stock Street between
14th Street West and Levy Road zoned Commercial General
(CG) as recommended by the Community Development Board.
(The Community Development Board recommended approval with
- the conditions that not more than twelve (12) buses be stored on the
site at any one time, the site may be used for the parking of school
. buses only - no other commercial vehicles, a six foot high opaque
fence be installed around the site meeting the fence setback
requirements, a landscaped buffer be installed around the site,
meeting landscape ordinance provisions of Section 24-162, the
exception be granted with requirement that the applicant must
construct a building and relocate his place of business to this site
within eighteen (18) months of the grant of this exception or this
exception shall become void, and the exception be granted to the
applicant only and for this site only).
Mayor Meserve opened the public hearing and invited comments.
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February 14, 2000
No one spoke and the Mayor declared the public hearing closed.
Discussion ensued regarding the type of on-site repairs which would be
allowed and Community Development Director Worley explained that only
minor_ repairs would be permitted.
A brief discussion ensued and it was the felt that an additional condition
should be included prohibiting major repairs at the site.
Amendment to the motion: Include no major auto repairs to be
conducted at this site as condition #8 of the Use-by-Exception.
There being no further discussion, the motion on the amendment carried
unanimously. The motion on the original motion, as amended, also carried
unanimously.
B. Public Hearing and action on a request for aUse-by-Exception
filed by Kirit Patidar to construct a motel on property located
470 feet north of Fairway Villas on Mayport Road, Zoned
Commercial General (CG)
(Item 8B was taken out of sequence and acted on earlier in the meeting
after Item 7B)..
C. Authorize staff to negotiate with PBS&J to develop a Strategic
Grants Plan for the City of Atlantic Beach, and to pursue grant
funding for the construction costs for Dutton Island
_ Motion: Authorize staff to negotiate with PBS&J to
develop a Strategic Grants Plan for the City of Atlantic
Beach, and to pursue grant funding for the construction
costs for Dutton Island.
A brief discussion ensued and it was determined that the grant writer would
work under the direction of David Thompson.
There being no further discussion, the motion carried unanimously.
D. Authorize the Police Department to transfer surplus soft body
armor to AA & Saba Consulting for utilization by Mato
Grosso, Brazil
Motion: Authorize the Police Department to transfer surplus
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February 14, 2000
soft body armor to AA & Saba Consulting for utilization by
Mato Grosso, Brazil.
There was no discussion and the motion carried unanimously.
E. ~ Approve FOP Union Contract for the Period October 1,1998
through September 30, 2001
Motion: Approve FOP Union contract for the period
October 1,1998 through September 30, 2001.
Commissioner Waters requested clarification of the following sections of the
contract: Page 22, Section 12.3, Page 34, Section 19.1 and Page 38, Section
22.1. Public Safety Director Thompson responded to the inquiries.
There being no further discussion, the motion carried unanimously.
F. Authorize the City Manager to execute a contract with Gee &
Jenson to complete design work for the Utilities 2000 Proj ect, at
a total cost of $30,000
Motion: Authorize the City Manager to execute a contract
with Gee & Jenson to complete design work for the Utilities
2000 Project, at a total cost of $30,000.
There was no discussion and the motion carried unanimously.
G. Discussion and related action on the recommendation of
Aikenhead & Odom regarding filling Regulus Drive to an
- elevation of 4.0 and 4.5 vs. the installation of a Tide Control
Gate
City Manager Hanson briefly explained the report.
There was no discussion, and no action was taken.
H. Discussion and related action regarding State Mandated
Changes to the City's Police Pension Plan
Motion: Implement Change 3 immediately and implement
Changes 1 and 2 upon receipt of the additional Chapter 185
funding from the State of Florida as listed in the Staff Report
from Human Resource Manager George Foster dated February
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February 14, 2000
8, 2000. (The staff report is attached and made part of this official
record as Attachment D).
City Manager Hanson provided background information concerning the
changes to the Police Pension Fund.
After a brief discussion concerning frequency of receipt of 185 funds, the
motion carried unanimously.
I. Authorize establishment of a Tree Give-Away Program using
Tree Fund monies, as recommended by the Beautification
Committee
Motion: Direct the City Attorney to provide language to amend
the Tree Ordinance to allow trees purchased with Tree Fund
monies to be planted on private property.
City Manager Hanson explained the request and indicated that it would
require an amendment to the Tree Ordinance.
Commissioner Mitchelson felt that the tree mitigation money should be
expended to re-establish a tree canopy removed from private property.
Suggested language for the proposed amendment to the existing tree
ordinance to allow the funds collected for tree mitigation to be used for
planting on private property was provided by Community Development
Director Worley. It was suggested that the City Attorney review the
proposed language and draft the appropriate ordinance. (Community
Development Director Worley's memo dated February 14, 2000 including
suggested language is attached and made part of this official record as
Attachment E).
The lack of tree canopy in various areas of the city was discussed.
Beautification Coordinator Dunham and Public Works Director Kosoy felt
that planting of trees on Seminole Road was not practicable due to the
location of existing utility lines, guardrails or drainage ditches.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
Sewer Master Plan
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City Manager Hanson reported that the Commission approved the contract
with Smith and Gillespie for -the Sewer Master Plan for $86,478.00 in
January. He further reported the wrong number of manholes had been
given to the engineers, which resulted in a substantial increase in cost. City
Manager Hanson indicated that by deleting some items from the original
scope of the project and through negotiation, the additional cost had been
reduced to $8, 723, which he had approved.
St. Johns River Water Management District (SJRWMD) Grant
It was reported that the city had received a SJRWMD grant in the amount
of $25,000, which would be applied to the construction costs of the Core
City Project.
Landscape Plan -Lifeguard Station
A final plan for landscaping the lifeguard station was presented to the
Commission. (The plan is attached and made part of this official record as
Attachment F). It was explained that $20,000.00 had been budgeted for
the project, but $26,800.00 was needed for its completion. City Manager
Hanson suggested removal of existing limerock, installation of an irrigation
system, and planting the large trees first and then continuing until the
amount budgeted was expended.
Discussion ensued and it was suggested that private donations or tree
mitigation funds be used to complete the project. The site and landscape
plans were explained in detail, as well as storage for dune wheelchairs.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Waters
Confirmed the dates, times for several upcoming meetings.
Expressed concern for the costs involved with the enforcement of
the Tree Ordinance in the Town Center Proj ect which resulted in the
project being shutdown.
City Manager Hanson provided background information, and
Building Official Ford stated that no Stop Work Order had been
issued and the project had not been shut down, however, the
contractor for the project had been instructed to stop removing trees
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until the matter was addressed by the Tree Board.
Commissioner Mitchelson
• - :Commented that he was happy the area at the intersection of Third
Street and Atlantic Boulevard was being re-engineered.
• Opposed the proposed arch over the entrance to Town Center.
Commissioner Borno
• Stated he opposed Mr. Muggenburg's request to purchase/lease
two lots at the end of West First Street and Begonia Street.
• Reported his wife was home recovering from her recent surgery and
thanked everyone for their support.
Commissioner Beaver
• Inquired if a final decision had been made concerning the Town
Center archway.
Mayor Meserve indicated that the design had been approved and
although no contract had been let, the decision to proceed with the
archway had been given to the Executive Steering Committee.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:23 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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