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Minutes / 03-13-001 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 PM ON MONDAY, MARCH 13, 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. The invocation was offered by Mayor Meserve, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held February 24, 2000 There being no corrections or amendments, the minutes were unanimously approved as prepared. 2. ~ Courtesy of the Floor to Visitors: A. Presentation of Proclamation to First Coast Parliamentarians (Mayor) Mayor Meserve read the Proclamation in its entirety declaring the month of April Parliamentary Emphasis Month in Atlantic Beach, and presented the framed document to the representatives from the First Coast Parliamentarians. Sherry Strange accepted the proclamation on behalf of the organization, and presented a brief history of the use of parliamentary procedure. J.P. Marchioli of 414 Sherry Drive distributed copies of a letter he had written to former Mayor Lyman Fletcher requesting that the walkways in Howell Park be paved. The letter is attached and made part of this official record as Attachment A. Stephen Kuti of 1132 Linkside Drive read from a letter dated March 13, 2000 concerning stormwater pump stations used by the City of Jacksonville V Y O 0 T T E E s s M S O E T C I O Y O N E N COMMISSIONERS N D S O Minutes Page -2- March 13, 2000 Beach and recommended that the City of Atlantic Beach consider using similar pump stations. The letter is attached and made part of this official record as Attachment B. Alan Potter of 374 Second Street commented on the city's recent audit and stated he opposed the transfer of enterprise fund monies to the general fund and suggested that this practice be eliminated. 3. Unfinished. Business from Previous Meeting A. Follow up Report from Previous Meeting Teen Council Trip City Manager Hanson reported that the. Teen Council trip previously approved had been cancelled due to the problem of obtaining insurance for the trip. City Manager Hanson further stated that he had met with Jamie Fletcher, the adult advisor to the Teen Council, and they were drafting a new resolution to restructure the Teen Council, which will,be presented at the next Commission Meeting. Dudley Street Tree Plantings City Manager Hanson indicated that no reference was found in the minutes of previous Commission Meetings regarding a previous commitment to plant palm trees on Dudley Street. He reported that Public Works Director Kosoy and he had looked at the area and determined that trees could be planted on one side of the street. Seminole Road Tree Plantings Commissioner Beaver reported that he had surveyed Seminole Road along with Public Works Director Kosoy and arborist, Early Piety, and determined that trees, including hardwoods, could be planted in the area of the drainage ditch. Commissioner Beaver stated that he would provide a landscaping plan for Seminole Road at the next meeting. Palm Tree Relocation from Bull Park Commissioner Beaver reported that fifteen palm trees needed to be relocated from Bull Park and suggested planting some of them on Seminole Road in groups of three. He also indicated that he would like to plant two of the trees in Rose Park.. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- March 13, 2000 A brief discussion ensued and it was the consensus of the Commission to plant the palm trees as recommended by Commissioner Beaver. 4. Consent Agenda: A. 'Acknowledge Receipt of Monthly Reports from Building, Code Enforcement, Occupational License, Public Works and Recreation Departments Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 00-03 ' A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Approve Resolution No. 00-03. -- City Manager Hanson reported that Commissioner Waters had noted an error in the amount of the quarterly payments which should be $9,750 quarterly, not $9,500 as indicated in the agreement. A brief discussion ensued concerning the cost to perform the work and the reimbursed amount. City Manager Hanson reported that the two amounts were about equal. Substitute Motion: Approve Resolution No. 00-03 subject amending paragraph 3 on page 7 of the agreement to reflect a quarterly payment of $9,750.00. There was no more discussion and the substitute motion carried unanimously. 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 X WATERS X MESERVE X MITCHELSON X BORNO X BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -4- March 13, 2000 B. Resolution No. 00-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH IN SUPPORT OF THE U.S. NAVY PRESENTING THEIR ANNUAL AIR SHOW AT NAVAL STATION MAYPORT IN ::THE FALL OF 2001, AND THEREAFTER ROTATING SHOWS BETWEEN NAVAL AIR STATION JACKSONVILLE AND NAVAL STATION MAYPORT (City . Manager) Motion: Approve Resolution No. 00-04. Commissioner Waters expressed concern for safety issues and inquired if the event would take place over the ocean or land. Mayor Meserve indicated that the air show would take place over the ocean. There was no further discussion and the motion carried unanimously. C. Resolution No. 00-05 A RESOLUTION FOR ASSISTANCE' UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR CONSTRUCTION OF DUTTON ISLAND PARK PROJECT (City Manager) Motion: Approve Resolution No. 00-OS. There was no discussion and the motion carried unanimously. -- D. - Resolution No. 00-06 A RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR DESIGN AND CONSTRUCTION OF A FISHING PIER (City Manager) Motion: Approve Resolution No. 00-06. There was no discussion and the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 95-00-73 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING SECTION 23-17(e)(3); TREE OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -5- March 13, 2000 REPLACEMENT FUND; AND PROVIDING AN EFFECTIVE DATE (Comm. Mitchelson) Motion: Approve Ordinance 95-00-73 on first reading. - Commissioner Mitchelson explained the ordinance would provide that up to $2,000 per year of tree fund money could be used for planting trees on private property. Commissioner Mitchelson felt this would provide a good balance between funding public and private plantings. There was no discussion and the motion carried unanimously. B. Ordinance No. 70-00-14 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY ADDING ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE (65) AND OLDER, AND PROVIDING AN EI~'FECTIVE DATE (City Commission) Motion: Approve Ordinance 70-00-14 on first reading. City Manager Hanson explained that generally, social security benefits were not considered as income, however, there were exceptions. Commissioner Waters felt the city should know the impact the ordinance would have before passing the ordinance. Finance Director Van Liere advised that the reduction would go into effect for next year's taxes and that he would not know the exact amount of the additional exemptions until June. A brief discussion ensued, and it was the consensus of the Commission to postpone the public hearing and final reading of the ordinance until the financial impact to the city was known. There was no further discussion and the motion carried unanimously. C. Ordinance No. 65-00-27 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN PORTIONS OF GLADIOLA STREET SOUTH OF OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -6- March 13, 2000 WEST PLAZA, AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Approve Ordinance 65-00-27 on first reading. Commissioner Waters opposed the request and cited other cases where such closures had negatively impacted the city. He believed the city should not give up public access to the marsh. Jeff Martin, the owner of Blocks 172 and 173 in Section H who made the request, indicated the street right-of--way provided no access to the Intracoastal Waterway and he was not interested in developing the property to sell. He further indicated that he wished to build a 5,000 square foot single family home on the property and would be willing to sign deed restrictions indicating the same. Commissioner Beaver favored the request if it was stipulated that only one single family home could be built on the property. Mayor Meserve favored the request stating that the city would gain in taxes paid on the developed property. Commissioner Mitchelson concurred with Commissioner Waters and felt the city should not give the property away but sell it for fair market value. City Manager Hanson explained the procedure for closing street right-of- way and indicated that staff had determined there was no valid public use for the property. Amendment to the Motion: Include additional language stating that approval would be subject to receipt of an appraisal of the property. After discussion, the amendment to the motion and second were withdrawn by Commissioners Mitchelson and Waters respectively. Further discussion ensued and City Attorney Jensen explained that deed restrictions could not be placed in the ordinance, but could be placed in the deed. Fair market value and perpetual deed restrictions were explained. Substitute Motion: Approve Ordinance 65-00-27 on first reading subject to perpetual deed restrictions to a single family home as agreed to by the property owner. OMMISSIONERS M O T I O N S E C O N D Y E S N O MITCHELSON X BORNO X MITCHELSON X WATERS X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -7- March 13, 2000 There was no further discussion and the substitute motion carried by a three to two vote with Commissioners Beaver and Borno and Mayor Meserve voting aye and Commissioners Waters and Mitchelson voting nay: 8. - : Miscellaneous Business: A. Authorize the Mayor to Sign the Certificate of Acceptance for Grant for Atlantic Beach Pursuit Termination Project (City Manager) Motion: Authorize the Mayor to sign the Certificate of Acceptance for grant for Atlantic Beach Pursuit Termination Project. There was no discussion and the motion carried unanimously. 9. City Manager Reports: Dune Crossovers City Manager Hanson indicated that the city had received notice from the Department. of Environmental Protection (DEP) that they will fund the construction of two handicapped accessible dune crossovers in conjunction with the beach renourishment project scheduled for next year, in the amount of a $30,000 matching grant. City Manager Hanson provided background information concerning the funding and reported that staff had indicated a need for crossovers at 12`h and 19`h Streets because of the number of people using those accesses and the available parking. City Manager Hanson indicated that no funds had been budgeted for this project and asked the wishes of the Commission. Discussion ensued, and it was the consensus of the Commission to pursue the matching grant funding for the two dune crossovers. Census 2000 Community Development pirector Worley, as a member of Duval County's Complete Count Committee, reported on the city's efforts to get information out to the public concerning the importance of the census. 10. Reports and/or requests from City Commissioners and City Attorney OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page -8- March 13, 2000 Commissioner Beaver • Reported that he had met with Carolyn Woods, the landscape architect for the Mayport flyover project, and would continue to work with her concerning this project. Commissioner Borno • Inquired concerning the location of the FDOT retention ponds mentioned in the City Manager's Report. A brief discussion ensued concerning their location and it was .requested that Public Works Director Kosoy find out the location of Pond #1. • Requested that he be named Commission liaison to the Cultural Arts Board and the First Night Committee. Mayor Meserve appointed Commissioner Borno Commission liaisons as requested.. • Inquired if anyone would be attending the upcoming FDOT Workshop. City Manager Hanson indicated, that staff usually attended those meetings. Commissioner Waters hoped that Public Works Director Kosoy and Assistant Public Works Director Kaluzniak would attend to discuss hurricane traffic evacuation routes. • Complimented Assistant Public Works Director Kaluzniak on the SRC meeting minutes. Commissioner Mitchelson • Stated he would be out of town May 5`h through the 13th. • Reported that he had attended the recent meeting of the Teen Council in support of their program. • Reported he had been contacted by a survey company from Indiana inquiring regarding the quality of the water and sewer service in this area. • Stated he would like to know the value of the section of Gladiola Street being closed before the public hearing and requested an appraisal of the property. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -9- March 13, 2000 Commissioner Waters concurred and it was the consensus of the Commission to have the property appraised. City Manager Hanson _ stated he would follow-up on the request. Mayor Meserve • Reported that during the recent meeting of the Metropolitan Planning Organization (MPO) hurricane evacuation was discussed and they hoped to move up the construction of the Beach Boulevard bridge. • Reported that he had met with representatives from the JTA, the FDOT and Superior Construction Company. He reported that Superior Construction Company would be constructing the east end of the Wonderwood Expressway prof ect, the Mayport Road flyover, and the bridge, and there would be one contact person for all of the projects. Mayor Meserve requested that staff closely monitor all of these projects. There being no fiirther discussion or business to 'come before the .Commission, the Mayor declared the meeting adjourned at 9:00 p.m. John Meserve Mayor /Presiding Officer ATTEST: - Maureen King Certified Municipal Clerk OMMLSSIONERS M O T I O N S E C O N D Y E S N O