Minutes / 05-22-00
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T
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BEACH CITY COMMISSION HELD IN CITY HALL, 800 s s
SEMINOLE ROAD AT 7:15 PM ON MONDAY, MAY 22, 2000
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager M S
Alan C. Jensen, City Attorney O E
Maureen King, City Clerk T C
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The meeting was called to order by Mayor Meserve at 7:15 p.m. The
invocation was offered by Commissioner Waters, followed by the
Pledge of Allegiance to the Flag.
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1. Approval of the minutes of the Regular Meeting held
May 8, 2000
The minutes of the Regular Meeting held May 8, 2000 were approved as
presented.
2. Courtesy of the Floor to Visitors:
A. Ed Parpart and Larry Pickett requesting donation of $1,000
toward the commissioning of the U.S.S. Roosevelt (Comm.
Waters)
Ed Parpart, the Beaches representative on the Commissioning
Committee, and Larry Pickett, a member of the Mayport Council of the
Navy League, briefly explained the request and stated that part of the
donated funds would be used to provide plank order plaques for the three
hundred and forty-three crew members.
It was pointed out that the commissioning festivities of October 14t'`
would coincide with Fleet Week which would bring several thousand
'"'~ people to the area and benefit local businesses. BEAVER X
BoRrro x
Motion: Authorize a donation of $1,000.00 to the MITCHELSON
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Commissioning Committee of the U.S.S. Roosevelt, With WATERS X X
funds taken from the bed tax funds. MESERVE X X
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Discussion ensued concerning the propriety of using city funds when the
city had an ordinance which prohibited contributing city funds to any.
charitable, non-profit or other worthy causes. City Attorney Jensen
advised that the city could give monetary support to sponsor a historical
event. ..
Following brief discussion, the motion carried by a four to one vote with
Commissioners Beaver, Borno and Waters and Mayor Meserve voting
aye, and Commissioner Mitchelson voting nay.
Danny Thiele of 107 Azalea Place, Neptune Beach, requested that the
Commission consider passage of an ordinance regulating ocean front
lighting during sea turtle nesting season.
J.P. Marchioli of 414 Sherry Drive complained of speeding and litter
on Slierry Drive and suggested that Junior Police Officers be used to
monitor speeding and littering in the city. He also pointed out a
difference between the amount reported in item 8A and the amount listed
on the bid tabulation sheet.
Nancy White of 1729 Seminole Road distributed photographs of
property located on 17`h Street between Beach Avenue and Seminole
Road and expressed concern that the property was being used as a
parking lot for recreational vehicles other than those belonging to the
owner. Ms. White felt this type of activity was unsightly and devalued
adjoining property.
Rich Grady 1820 Ocean Grove Drive requested that the Commission
explain how the figure of $1,250.00 was determined for an impact fee.
Mr. Grady indicated that the fee in Jacksonville Beach was lower than
$1,250.00 and the City of Neptune Beach had no impact fee. He felt the
city should waive the fee.
Lyman Fletcher of 804 East Coast Drive suggested the Commission
explore the idea of saving a 1930's log cabin located on Seminole Road,
and having it reconstructed on Dutton Island. Former Mayor Fletcher
suggested that the Commissioners contact Larry Hunt, owner of the
cabin, to look at the building.
3. Unfinished Business from Previous Meeting
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A. Follow-up report from the meeting of May 8, 2000 (City
Manager)
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May 22, 2000..
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City Manager Hanson reported on the following matters which had been
raised at the previous meeting:
Parking Signs On Ocean Boulevard
City Manager Hanson indicated that vertical signs were recommended,
but the Uniform Traffic Code allowed signs to be painted on curbs.
Motion: Direct the City Manager to look into placing
non-vertical signs that say "No Parking" in Town Center.
Public Safety Director Thompson indicated that handicapped signs had to
meet state and federal standards, but the City Code could be amended to
allow other painted signs. A brief discussion of signs ensued and the
second and motion were withdrawn by Commissioners Mitchelson and
Waters respectively.
Commissioner Waters requested that the City Manager and Public Safety
Director be authorized to research the request and bring back a
.recommendation to the Commission amending the existing ordinance to
reflect the use ofnon-vertical signs. It was the consensus of the
Commission to do so.
Mayor Meserve requested that the City Manager look into the litter and
parking problems mentioned under Item 2.
4. Consent Agenda:
A. Acknowledge Receipt of Monthly Police, Fire/Rescue and
Animal Control Report (City Manager)
B. Award contract to Gruhn May, Inc. in the Amount of
$58,205.40 for Manhole Rehabilitation 2000 Pursuant to
CDBG Bid No. 9900-12, and Authorize the City Manager to
Sign the Construction Contract (City Manager)
C. Authorize the Mayor to Sign Transmittal Form for the
Annual Local Government Financial Report and the
Application for Revenue Sharing 2000-2001 State Fiscal Year
(City Manager)
Commissioner Borno requested that Item D be removed from the
Consent Agenda for further discussion.
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May 22, 2000
Motion: Approve Consent Agenda Items A - C as
recommended.
There was no discussion and the motion carried unanimously.
Commissioner Borno inquired if the city had received the Memorandum
of Understanding from the Jacksonville Transportation Authority (JTA).
City Manager Hanson indicated that the document had been received, but
it was not signed since it had not been approved by the JTA Boazd.
A. Authorize execution of a Special Warranty Deed for Parcels
100,103,130, 180 and 801 and a Permanent Drainage
Easement for Parce1803; Authorize execution of
Memorandum of Understanding with Jacksonville
Transportation Authority (City Manager)
Motion: Authorize execution of a Special Warranty Deed for
Parcels 100,103,130,180 and 801 and a permanent drainage
easement for Parce1803; and authorize execution of
...Memorandum of Understanding with Jacksonville
Transportation Authority.
First Amendment to Motion: Contingent upon receipt of a
signed Memorandum of Understanding from the
Jacksonville Transportation Authority.
Commissioner Waters thanked staff for the maps included under Item
4D. Commissioner Beaver inquired concerning the discrepancy between
the city's list of obligations of the JTA and those listed by the JTA on
the Memorandum of Understanding.
Second Amendment to the Motion:. Direct the City Manager
to ensure the inclusion of the fifth item in the Memorandum
of Understanding. (The fifth item is as follows: That the
landscaped area originally proposed by the JTA for an area south
of West First Street fronting on Mayport Road be extended
northward across the abandoned West First Street right-of--way to
partially screen a portion of the mobile home pazk).
There being no further discussion, the second amendment to the motion,
the first amendment to the motion and the motion all carried
unanimously.
Mayor Meserve indicated that the Metropolitan Planning Organization
(MPO) agreed to conduct an intensive traffic study in the Marsh Oaks
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and Plaza area after completion of the flyover.
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. 80-00-61 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE III, WASTEWATER SYSTEM, DIVISION 2,
USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74,
INSTALLATION OF TOILET FACILITIES REQUIRED;
CONNECTION OF FACILITIES TO PUBLIC SEWER,
SETTING FORTH A TIMESCHEDULE FOR
CONNECTION TO PUBLIC SEWERS, AUTHORIZING
THE CITY. TO OFFER FINANCIAL INCENTIVES FOR
SUCH CONNECTIONS, PROVIDING PENALTIES FOR
FAILURE TO CONNECT, AND PROVIDING AN
EFFECTIVE DATE BEAVER x x
BoRNO x x
Motion: Approve Ordinance 80-00-61 on final reading. MITCHELSON x
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Mayor Meserve opened the public hearing and invited comments from MESERVE x
the audience.
Donald Dagley of 550 Camelia Street stated he was on a septic system
which had been permitted by the city and worked perfectly, and he did
not want to connect to the sewer.
Since no one else wished to speak, the Mayor closed the public hearing.
Commissioner Waters stated he opposed the ordinance. He felt the
Marsh Oaks (Section H) residents were being treated unfairly, the
impact fee was too high, and six years for Ocean Grove residents to hook
up was insufficient compared to the time allowed for other residents now
under special assessments.
Mayor Meserve briefly explained the intent of the ordinance and stated
that it had nothing to do with impact fees. City Manager Hanson
provided a brief history of the use of impact fees.
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Mary Ellen Waugh of 1710 Beach Avenue suggested that the
Commission waive or reduce the impact fees for those residents
currently on septic systems who will have to connect to the sewer.
Commissioner Waters also expressed his objection to excluding the "due
on sale" clause from the ordinance which he felt would facilitate the
process of eliminating septic tanks (See Attachment A, May 8, 2000
Commission Meeting Minutes).
City Manager Hanson indicated that the policies relative to the
implementation of the financial incentives portion of the ordinance,
which were distributed at the last meeting, would be placed on the next
agenda for approval.
Mayor Meserve indicated that policies would be brought back in the
form of a Resolution for Commission approval on June 12, 2000.
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.
B. Ordinance No. 65-00-28 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CLOSING, VACATING AND ABANDONING
CERTAIN PORTIONS OF BEGONIA AND WEST FIRST
STREETS, AND PROVIDING AN EFFECTIVE DATE (City
Manager)
Motion: Approve Ordinance 65-00-28 on final reading.
Mayor Meserve opened the public hearing and invited comments from
the audience.
Shirley Taylor of 480 West 9"' Street inquired concerning the street
closing and said she thought West First Street had already been closed by
the City Commission at a recent meeting. City Manager Hanson
explained that this action would abandon the street right-of--way which
will be required by the Jacksonville Transportation Authority in
connection with the Mayport Road flyover project.
There being no further comments, the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
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May 22, 2000
C. Ordinance No. 20-00-46 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1,1999 AND ENDING SEPTEMBER 30, 2000
Motion: Approve Ordinance 20-00-46 on final reading.
Mayor Meserve opened the public hearing. Since no one spoke for or
against the ordinance, the Mayor declared the public hearing closed.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Award contract to Insituform Technologies, Inc. in the
amount of $1,520,615.84 for Core City Sanitary Sewer
Improvements Project pursuant to the specifications of Bid
No. 9900-11; authorize use of $300,000 in DCA Grant Funds
and $350,000 in Water Advisory Panel Grant Funds for this
project, and authorize temporary transfer from Sewer Utility
Reserves in the amount of $430,615.80 until grant funds are
received (City Manager)
Motion: Award contract to Insituform Technologies, Inc. in
the amount of $1,520,615.80 for Core City Sanitary Sewer
Improvements Project pursuant to the specifications of Bid
No. 9900-I1; authorize use of $300,000 in DCA Grant Funds
and $350,000 in Water Advisory Panel Grant Funds for this
project, and authorize temporary transfer from Sewer
Utility Reserves in the amount of $430,615.80 until grant
funds are received.
Public Works Director Kosoy provided background information
concerning the project and a time line for its completion as required
under the Florida Department of Environmental Protection (FDEP)
Consent Order No. 95-2971. It was pointed out that the sewer
rehabilitation would utilize trenchless technology to avoid disturbing the
streets as much as possible.
Commissioner Mitchelson confirmed that the work performed under this
_ project would not be disturbed during the core city stormwater project.
There being no further discussion, the motion carried unanimously.
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B. Upon completion of design and permitting, authorize staff to COMMISSIONERS N D
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contractwith either Gruhn May, Inca or Superior
Contracting, Inc. ,for Water Line Relocation at Mayport
Road Flyover, based on the lowest-price proposal in an
amount not to exceed $234,246
Motion: Upon completion of design and permitting, BEAVER X
authorize staff to contract with either Gruhn May, Inc. or BoRNO x x
Superior Contracting, Inc., for water line relocation at MITCHELSON X X
Mayport Road Flyover, based on the lowest price proposal in WATERS X
an amount not to exceed $234,246. MESERVE X
City Manager Hanson noted the revised cost of $234,246 and indicated
that if Superior Contracting provided the lowest price proposal, an
Interagency Agreement between the Jacksonville Transportation
Authority (JTA) would be required, as well as authorization for the City
Manager to sign the document.
Mayor Meserve inquired if the bidding process would have to be waived
and was informed that since the city had an on-going contract with Gruhn
~,, ` May, the bid procedures would not have to be waived.
There was no more discussion and the motion carried unanimously.
C. Authorize the sale of Fire Truck to the City of Jacksonville
Beach for $35,000 or direct staff to seek additional offers for
the purchase of the Fire Truck (City Manager)
Motion: Authorize staff to sell the fire truck as is, to the City
of Jacksonville Beach for $35,000.00.
After a brief discussion concerning obtaining additional offers, the
motion carried unanimously.
D. Approve amendment to Interlocal Agreement Creating Duval
Beaches Regional Sewer Utility dated August 16,1984, as
approved by Neptune Beach City Council on May 1, 2000
and authorize the Mayor to sign the amendment (City
Manager)
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~ Motion: Approve amendment to Interlocal Agreement BoRNO x x
` creating Duval Beaches Regional Sewer Utility dated August MITCHELSON x x
16, 1984, as approved by Neptune Beach City Council on WATERS X
May 1, 2000 and authorize the Mayor to sign the amendment. MESERVE x
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There was no discussion, the motion carried unanimously.
E. Aikenhead and Odom Report on the Core City Stormwater
Project
Status Report of the Preliminary Design of the Core City
Stormwater Project
Introductory comments on the process being used to complete the
preliminary design were given by Neil Aikenhead, President of
Aikenhead and Odom. Dale Smith, an Engineer with the company,
provided a brief visual overview of the status of the project and answered
questions. Highlights of the status report included the following:
Modifications to existing data, model validation using the August 1995
two day storm event, alternatives which included cleaning the Selva
Lagoon system, installation of a box culvert under 11 `h Street, a pump
analysis which determined that pumping the water was not the solution,
construction of a roadway conveyance system to pick up sheet flow to
carry the water to Sherry Drive, curb and gutter on Sherry Drive and the
f'''~ use of inverted crowns with slotted drains, and the use of cold cut asphalt
recycling as
cost savers.
Ranges of cost estimates for the project were also displayed, and
depending on the alternatives used, the preliminary costs for the protect
were reported at between $4 - $6 million.
Following the presentation, discussion ensued and Mayor Meserve
inquired concerning a time frame for completing the preliminary design.
Mr. Aikenhead indicated that they would meet with the Stormwater
Review Committee (SRC) shortly after July 4`}', with the Commission
mid July, with the St. Johns River Water Management District at the
end of July, and a final design report would be presented to the
Commission at the end of August.
9. City Manager Reports:
City Manager Hanson
• Distributed copies of the new city logo for Commission approval.
It was the consensus of the Commission to begin using the new
logo.
10. Reports and/or requests from City Commissioners and City
Attorney
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Commissioner Beaver
• Distributed a rough draft of an RFP for architectural,services for
the Adele Grage Community Center based on information
gathered from citizen input received through meetings and a
questionnaire concerning the use of the Adele Crrage Community
Center. Information provided in the request for proposal (RFP)
included restoration of the building, removing additions, and
construction of a 2,500 square foot architecturally compatible
addition.
Indicated that $400, 000 was budgeted for the project and he
expected to raise $200,000 from the community.
A brief discussion ensued, and it was the consensus of the
Commission to move forward with the RFP.
Commissioner Borno
• Inquired if the Police Department Monthly Report could be
broken down by neighborhoods.
• Felt the sea turtle light ordinance was unnecessary and would be
difficult to enforce.
Commissioner Mitchelson
• Reported that the Teen Council was planning to hold a dance on
June 3, 2000.
• Felt that a sea turtle ordinance was not necessary since citizens
comply with the lighting standards on a voluntary basis.
Mayor Meserve
• Indicated that he would be unable to attend a Neighborhood
Watch Meeting in Jordan Park on Wednesday, May 24, 2000 at
7:00 p.m. and urged the other Commissioners to attend the
meeting in his absence.
• Reported that some time in the future the Commission would
need to approve an Interlocal Agreement with the City of
Jacksonville regarding infrastructure needs should the %s cent
sales tax be approved.
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There being no further discussion or business, to come before the
Commission, the Mayor declared the meeting adjourned at 10:25 p.m.
John Meserve
Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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