Minutes / 07-24-00' MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, JULY 24, 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
July 10, 2000
The minutes of the Regular Meeting were unanimously approved as
presented.
2. Courtesy of the floor to visitors:
A. Don Phillips of 1566 Park Terrace, stated that he was a member
of the Stormwater Review Committee (SRC), but was speaking
as a concerned citizen regarding the failure of the SRC to meet
before the presentation by Aikenhead and Odom. Mr. Phillips
then read a checklist of key issues of concern for the project
which he felt should have been taken into consideration by
Aikenhead and Odom. The checklist is attached and made part of
this official record as Attachment A.
B. Juliette Sleeper of 700 Beach Avenue read from a prepared list
of concerns related to the construction of Bull Park and the
proposed renovations to the Adele Grage Community Center.
The list is attached and made part of this official record as
Attachment $.
C. Stephen Kuti of 1132 Linkside Drive read a prepared list of
concerns related to the core city drainage project. The list of
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July 24, 2000.
concerns is attached and made part of this official record as
Attachment C.
D. Blair Witherington of the Florida Fish and Wildlife,
Conservation. Commission stated. that. his fifteen-year
experience with sea turtle nesting had shown that voluntary
compliance did not work well and he hoped the Commission
would pass a light management ordinance for the protection of
sea turtles. He indicated that sixteen counties and forty-three
cities had passed such ordinances, including Neptune Beach and
Jacksonville Beach. Mr. Witherington volunteered to act in an
advisory capacity to the city in this matter.
E. Nichole Gwyn of 10478 Theresa Drive, Jacksonville, Florida,
owner of Immortal Body in Ink located at 1249 Mayport Road,
requested Commission consideration to lowering the
occupational license fee for their business from $5,000 to a fee
similar to that paid by the same type of business operating in the
City of Jacksonville. , Ms. Gwyn indicated that other tatoo
businesses operating on Mayport Road, who are located in
"Atlantic Beach postal district, pay an annual license fee of
$450.00.
F. Danny Thiele of 107 Azalea Place, Neptune Beach, supported
the earlier comments of Blair Witherington and repeated his
previous request that the Commission consider passage of an
ordinance regulating ocean front lighting during sea turtle nesting
season.
G. J.P.. Marchioli of 414 Sherry Drive commented on the
following items: (1) an article he had read concerning sea turtles
killed by polluted oceans, (2) that the mulch in Howell Park was
difficult to walk on, (3) cars speeding on Sherry Drive, and (4)
that the license fee for tatoo businesses should be the same as that
fora pawn shop - $150.00.
H. Barbara Mears of 1604 Coquina Place reported that she had a
problem with having her yard waste picked up on a regular basis.
City Manager Hanson responded that there were several areas of
the city experiencing this problem and the city was working on
solving the problem. He further stated that contractors (tree
trimmers, etc.) were responsible for disposing of their own yard
waste.
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July 24, 2000
I. Jeff Sneed, a candidate for House District Seat 18, was
introduced by Commissioner Mitchelson.
Item 8A was taken out of sequence and. discussed at this time.
8A. Discussion and possible selection of an architect. for the
remodeling of the Adele Grage Community Center
(Commissioner Beaver)
Commissioner Beaver provided background information of the process
which led to the request for proposals (1ZFP) for architectural services to
remodel the Adele Grage Community Center. Commissioner Beaver
stated that five architects had responded to the RFP and he then
introduced the top three architects chosen by the selection committee.
The following architects presented their conceptual plans for the existing
building and addition: Barbara Mears, William Ebert and Tat Chan
After the presentations, Commissioner Beaver indicated he would. like
the Commission to review the RF'P's as soon as possible since he would
like to apply for a historical grant which is due by the end of August. He
further indicated that Tat Chan had been the number one choice of all
five of the committee members.
Motion: Approve the City Manager to negotiate with Tat
Chan to provide renovations to the Adele Grage Community
Center.
Commissioner Waters objected to the manner in which the top three
architects were chosen. He felt the Commission, not the committee,
should have ranked the firms.
City Attorney Jensen advised that the Commission should rank the firms
-and then authorize staff to negotiate with the top ranked firm.
Discussion ensued and Commissioners Mitchelson and Beaver withdrew
their second and motion respectively.
It was the consensus of the Commission to defer this item to the next
Commission meeting to allow the Commission time to review the 1ZFP's
for ranking of the architects.
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J. Aikenhead and Odom with report and recommendations on
the Core City Stormwater Improvements
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July 24, 2000
Fred Odom, P.E. provided a brief overview of the project and introduced
Dale Smith, P.E. for further explanation of the recommendations.
Using a powerpoint presentation illustrating the proposed improvements.
Mr. Smith reported that they now had a validated model for the core
city to within half a foot from Howell Park to Wonderwood. He
recommended desilting of the main channel of the drainage system,
including the Howell Park lagoon and the A-1-A canal to Puckett Creek ,
as well as the deepening of the Selva Marina lagoon. It was pointed out
that the 11 `" Street culvert would be replaced by a box culvert.
In-place recycling of asphalt, which will be used during the street
reconstruction, was briefly explained. It was pointed out that 1 S` - 12"'
Streets would have inverted crowns, whereas, Sherry Drive, Plaza and
Ahern Street would have curb and gutter. Mr. Smith indicated that
drainage work on Seminole Road from Plaza to 12`h Street would be
constructed on the east shoulder of the road and would not. impact the
street. It was pointed out that construction from Ahern to 10~' Street
would minimally impact the tree canopy and no trees would be removed
from Howell Park during the dredging process. Other maps were also
displayed which showed water and sewer line replacements.
A cost estimate for the project was given as between $4-6 million for
drainage improvements and between $450,000 - $525,000 for water and
sewer line replacements.
A brief question and answer session followed. It was pointed out that
the system was designed for afive-year storm. Drainage issues in the
Selva Marina area were briefly discussed. Mr. Smith indicated that he
needed a consensus of the Commission in order to bring their
recommendations before the St. Johns River Water Management District
(SJRWNID) for their approval. Mr. Smith indicated that he would like
to meet with the SJRWMD before the Stormwater Review Committee
(SRC) meeting on August 10"'
There was no more discussion, and it was the consensus of the
Commission to move forward with the project. Mayor Meserve
indicated that another public hearing would be held after receipt of the
SRC report.
3. Unfinished business from previous meeting
A. Follow-up report from the meeting of July 10, 2000 (City
Manager)
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July 24, 2000
City Manager Hanson indicated that there were no additions to his.
written report.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building and
Public Safety 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. 00-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THAT BEACH PROPERTY
OWNERS WHOSE RESIDENCES FRONT THE
ATLANTIC OCEAN WITHIN THE CITY LIMITS OF
ATLANTIC BEACH BE MADE AWARE OF THE SEA
TURTLE NESTING SEASON EACH YEAR
(Commissioner Borno)
Motion: Adopt Resolution No. 00-12.
Commissioner Borno explained the rational for the resolution in detail,
indicating he felt it was best to pursue voluntary management of beach-
front lighting during sea turtle nesting seasons since an ordinance would
not work unless policed.
Commissioner Waters felt it was a good idea to remind the affected
property owners each year, but the resolution offered no means for
enforcement.
There being no further discussion, the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 45-00-14 -Public Hearing and Final Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 20, TAXATION,
ARTICLE III, OCCUPATIONAL LICENSE TAX, SEC. 20-
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July 24, 2000
59, SCHEDULE OF FEES; AND PROVIDING AN
EFFECTIVE DATE (City Commission)
.Motion: Adopt Ordinance No. 70-00-14 on final reading.
Mayor Meserve presented Ordinance No. 70-00-14 in full, in writing and
read the ordinance by title only. Mayor Meserve then opened the public
hearing and invited comments from the audience.
No one spoke in favor of or in opposition to the ordinance and Mayor
Meserve declared the public hearing closed.
Commissioner Mitchelson inquired as to number of times the Police
Department had been called to Immortal Body In Ink. Public Safety
Director Thompson recalled one incident, but compared to other types of
businesses, he felt they required no more police service.
Commissioner Mitchelson believed the higher fee was not justified in
this case and requested Commission consideration to lower it.
Mayor Meserve believed it would be inappropriate to lower one
classification without giving consideration to the others.
Commissioner Waters noted a discrepancy in the fees charged for the
5,000 or greater square footage classification of retail, service,
professional and manufacturing businesses, and inquired as to why
service and retail establishments were charged more than professional
and manufacturing establishments.
Commissioner Borno stated that he was a member of the 1994 committee
who worked on revisions to the ordinance, but he could not remember
the reasons for those particular figures. He felt the fees should have been
consistent and it was probably done in error.
Commissioner Waters believed that the fees should not be arbitrarily
raised. City Manager Hanson stated that as part of the budget process, all
revenues had been reviewed and costs have increased. He further
explained that state law allows the city to increase the fees 5% every two
years.
Discussion ensued and it was the consensus of the Commission to have
~""'°; the City Manager and staff look into the fees, with consideration given to
Commissioner Waters suggestion that all fees for the 5,000 - 15,000
square foot category be set at $110.00. Mayor Meserve suggested that
the special case list at the end of the ordinance also be reviewed and the
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July 24, 2004
information brought back for further discussion at the next meeting.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 95-00-75 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, VACATING AND ABANDONING PLATTED
EASEMENTS ON LOTS S AND 9, BLOCK 1, OCEAN
GROVE, UNIT NO. 1, AS RECORDED IN PLAT BOOK 15,
PAGE 82 OF THE CURRENT PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA AND PROVIDING AN
EFFECTIVE DATE (City Manager)
Motion: Approve passage of Ordinance No. 95-00-75 on final
reading.
Mayor Meserve presented Ordinance No. 70-00-14 in full, in writing and
read the ordinance by title only. Mayor Meserve then opened the public
hearing and invited comments from the audience.
'' No one spoke for or against the ordinance and the Mayor declared the
public hearing closed.
Commissioner Waters opposed giving up an easement since it might be
needed for future stormwater drainage.
There being no further comments, the motion carried unanimously.
C. Ordinance No. 95-00-76 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 11, NOISE, IN ITS
ENTIRETY AND PROVIDING AN EFFECTIVE DATE
(City Manager)
Motion: Approve passage of Ordinance No. 95-00-76 on first
reading.
Commissioner Mitchelson felt that specific hours should be included in
Section 11-2 of the ordinance.
Public Safety Director Thompson explained that the lack of hours in the
ordinance allowed for officer discretion..
Commissioner Waters felt that detailed hours should be included under
each subsection of the ordinance. Commissioner Borno and Mayor
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July 24, 2000
Meserve felt that hours were not needed.
There being no further comments, the motion carried by a three to two
vote with Commissioners Beaver and Borno and Mayor Meserve voting
aye and Commissioners Mitchelson and Waters voting nay.
8. Miscellaneous Business:
A. Discussion. and possible selection of an architect for. the
remodeling of the Adele Grage Community Center
(Commissioner Beaver)
Item 8A was discussed earlier in the meeting, after Item 2I..
B. Discussion and possible action relative to occupational license
for Nicole L. Gwyn, Immortal Body In Ink
Discussion of Item 8B was included with the discussion of Item 7A.
C. Authorize Gannett Fleming to design the replacement sludge
holding tank atBuccaneer Wastewater Treatment Plant for
$13,000 (City Manager)
Motion: Authorize Gannett_Fleming to design the
replacement sludge holding tank at Buccaneer Wastewater
Treatment Plant for $13,000.
City Manager Hanson stated that the type of holding tank was unknown ,
at this time, but engineering costs would be the same regardless of the
type of tank chosen.
There being no further comments, the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson
• Distributed illustrations of the new graphics proposed for the
police cars. There were no objections to the design.
• Stated that the 2000-2001 budget would be distributed to the
Commissioners August 1 S` and a Budget Workshop was set for
5:00 p.m. August 7`h
10. Reports and/or Requests from City Commissioners and City
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July 24, 2000
Attorney
.........Commissioner Waters.....
• Commented on a thank you letter received from Jane Aukens.
• Confirmed that Commissioner Mitchelson would be attending the
Florida Shore & Beach Preservation Association Conference in
. the fall.
• Commented on the lack of maintenance of the landscaping and
trees in Town Center and inquired if the city could maintain some
of the areas.
Commissioner Beaver advised that the contractor who supplied
the soil was responsible for replacing the weed laden soil before
the city would accept maintenance of the area.
Commissioner Beaver
• Commented on a letter he received from the FDOT concerning
the traffic study for the intersection at Summer Sands on Atlantic
Boulevard and indicated he would like to send a copy of the letter
to the individual who originally requested the traffic study.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:10 p.m.
John Meserve
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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