8-12-24 Rgular Commission Meeting Adopted MinutesMINUTES
Regular City Commission Meeting
Monday, August 12, 2024 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:40 PM. CC Bartle
called the roll. Mayor Ford explained the protocols moving forward regarding meeting decorum.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Rob Graham, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Amanda Askew, Planning & Community Development Dir. (PCDD)
APPROVAL OF MINUTES
1 A. Approve minutes of the Budget Workshop held on July 8, 2024.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
1B. Approve minutes of the Regular City Commission meeting held on July 8, 2024.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to
Visitors.
PUBLIC COMMENT
CC Bartle called each speaker to the podium.
Regular City Commission
August 12, 2024
Karl Klein expressed concerns about his neighborhood and described the issues as
detailed in a handout (which is attached hereto and made part of this Official Record as
Attachment A).
Bill Permenter spoke in support of renaming Marvin's Garden to Eleanor and Garnett
Ashby Memorial Park.
Sandra Martin spoke in support of renaming Marvin's Garden to Eleanor and Garnett
Ashby Memorial Park.
Mardie La Bouton expressed gratitude for draining the pond in her neighborhood and
requested that "no fishing" signs be paced near this pond.
Dolly McCormick spoke in support of Ms. La Bouton's comments.
Shelly Crist expressed gratitude for the pickleball courts.
8-12-24 RCM Attachment A
3. CITY MANAGER REPORTS
3.A. Accept the 90 -Day Calendar (Aug. - Oct. 2024)
CM Killingsworth reported as detailed in the agenda packet.
There was a CONSENSUS to approve the 90 -Day Calendar with the addition of a budget
workshop on August 29, 2024.
3.B. Park Naming
DCM Hogencamp explained as detailed in the agenda packet and answered questions
from the Commission.
There was a CONSENSUS from all Commissioners except Commissioner Bole, to bring
this item back as a resolution.
3.C. Additional Update
CM Killingsworth provided an additional update as follows:
• The City has applied for a defense community infrastructure program grant
which is approximately $1.4 million.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
• Reported on the most recent Beaches Watch meeting he attended.
• Mentioned that he will be attending a Florida League of Cities (FLC) conference.
Commissioner Kelly
Regular City Commission
August 12, 2024
• Requested that Commissioner Bole inquire about electric bike regulations at the FLC
conference.
• Encouraged everyone to remember that there are AB children that attend Neptune Beach
Elementary (NBE).
Commissioner Ring
• Provided an update on Duval County Public Schools (DCPS) Master Facility Plan.
• Expressed concerns for Aquatic Gardens.
Commissioner Waters
Spoke to Commissioner Ring's comments regarding the DCPS Master Facilities Plan.
Expressed that he would speak with CM Killingsworth and the Public Works Director
about Oak Circle.
• Spoke about his history with the Ashby's as it pertains to Marvin's Garden.
Mayor Ford
• Spoke to Commissioner Kelly's comments regarding NBE.
• Did a presentation on pavers as detailed in a video and pictures (which are attached
hereto and made part of this Official Record as Attachment B). The video can be watch
through this link. He requested that the Commission consider making the change of 50%
pervious treatment of a pool to 75% in Chapter 24. There was a CONSENSUS to place
this on the next agenda along with the recommendations from CDB.
8-12-24 Attachment B
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
6.A. Award engineering services contract to Crawford, Murphy & Tilley for the project
scope listed in RFQ 2024-01.
MOTION: Approve consent agenda (item 6A) as read.
Motion: Jessica Ring
Second. Candace Kelly
Curtis Ford
For
Bruce Bole
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Jessica Ring (Moved By)
For
Motion passed 5 to 0.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
Regular City Commission
August 12, 2024
8.A. RESOLUTION NO. 2442
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
POLICE DEPARTMENT TO PURCHASE ONE NEW PATROL VEHICLE AND
ONE NEW DETECTIVE VEHICLE AT A COMBINED PRICE OF $76,069
FROM ALAN JAY FLEET SALES; AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE
WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth explained as detailed in the agenda packet.
MOTION: Approve Resolution (No.) 24-42.
Motion: Bruce Bole
Second: Jessica Ring
Curtis Ford
For
Bruce Bole (Moved By)
For
Michael Waters
For
Candace Kelly
For
Jessica Ring (Seconded By)
For
Motion passed S to 0.
8.B. RESOLUTION NO. 2443
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING REGULATIONS FOR TENNIS PROFESSIONALS CONDUCTING
BUSINESS IN CITY PARKS; PROVIDING FOR AUTHORIZATION FOR THE
CITY MANAGER TO MODIFY THESE REGULATIONS; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
DCM Hogencamp explained the resolution as detailed in the agenda packet and
answered questions from the Commission.
MOTION. Adopt Resolution No. 24-43.
Motion: Michael Waters
Second. Candace Kelly
Curtis Ford
Bruce Bole
Michael Waters (Moved By)
For
For
For
Regular City Commission
August 12, 2024
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed S to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 31-24-18, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION
OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM
RESIDENTIAL LOW (RL) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
Ex parte Disclosure: Commissioner Waters met with Mr. Hagaman. Commissioner Ring
met with Mr. Hagaman and replied to an email from a resident who lives on Edgar Street.
Mayor Ford had direct communication with the property owner. Commissioners Kelly
and Bole indicated having no ex parte disclosure.
The public hearing was opened and there were no speakers.
PCDD Askew explained as detailed in a PowerPoint (which is attached hereto and made
part of this Official Record as Attachment C) and answered questions from the
Commission.
Andrew Hagaman, Applicant, presented as detailed in PCDD Askew's PowerPoint.
The Commission discussed this agenda item.
The public hearing was closed.
8-12-24 Attachment C
MOTION: Deny Ordinance No. 31-24-18.
Motion: Jessica Ring
Second. Candace Kelly
Commissioner Ring explained why she is not comfortable with approving this request.
Commissioner Kelly agreed with Commissioner Ring's comments.
Curtis Ford
For
Regular City Commission
August 12, 2024
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
MOTION. Deny Ordinance No. 31-24-18 under Policy A.1.11.1 (f) Light Industrial part b.
The proposed commercial or industrial development shall not have adverse impacts to
surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of
the City and shall not impair or degrade scenic natural views.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed S to 0.
9.B. ORDINANCE NO. 90-24-252, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL TWO-FAMILY
(RG), TO LIGHT INDUSTRIAL AND WAREHOUSEING (LIW); PROVIDING
FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
PCDD Askew explained the ordinance.
The public hearing was opened.
Andrew Hagaman asked questions of the Commission. Mayor Ford expressed that the
CM and PCDD Askew would meet with him to answer his questions.
The public hearing was closed.
MOTION: Deny Ordinance No. 90-24-252.
Motion: Michael Waters
Second. Candace Kelly
Regular City Commission
August 12, 2024
Curtis Ford
For
Bruce Bole
For
Michael Waters (Moved By)
For
Candace Kelly (Seconded By)
For
Jessica Ring
For
Motion passed S to 0.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole
• Reported that he would inquire about electric bikes when he attends the FLC conference.
• Explained his stance on Marvin's Garden.
Commissioner Ring
• Reported that speed tables will be placed on Main Street on August 14, 2024 and t1lat
the speed limit will also be lowered to 20 miles per hour.
Mayor Ford
• Read an appreciation letter and thanked City Engineer Steve Swann for his work.
13. ADJOURNMENT
The meeting adjourned at 8:09 PM.
Attest:
Donna L. Bartle, City Clerk
Draft Approved: G� Z3Z
Curtis Ford, Mayor
Regular City Commission
August 12, 2024
Attachment A to P 11 2 q . H44o%f - IC - klein
8-12-24 Minutes r
Mr. Mayor and Commissioners:
I and my neighbors ask your help in resolving a problem that has plagued our neighborhood (Oak
Circle here in Atlantic Beach) for over thirty years: chronic flooding. While I and my neighbors have
appealed to the City many times before, past results have not been satisfactory. 1 am appealing to you
now because I think the situation is urgent. Our problem has two aspects:
1. Improper grading (pitch) of the Oak Circle paved roadway
2. Clogged floodwater swales and culvert
The west lane of the one -block Oak Circle cul de sac is the storm drain for a significant part of
Nineteenth Street. Stormwater runs from Nineteenth St. down Oak Circle to the Swale at the north end
of the cul de sac. The swale runs north from Oak Circle, into the culvert under Brista de Mar Circle,
thence into the Brista de Mar Swale. Flooding occurs when the swales and the culvert clog with storm
debris, mostly leaves and silt, on top of which vetegation grows, adding to the problem. The depth of
the debris eventually (and frequently) rises above the Oak Circle street level, the street floods, and
remains flooded for days while floodwater slowly seeps through the clogs or into the surrounding
lawns.
With three exception in 30 years, the City's response to our complaints has been to occasionally send
small teams of men to knock down the vegetation with "weed wackers" and to hand -shovel narrow
grooves into the entrance of the Oak Circle Swale to temporarily relieve accummulated flooding. 1 do
not have dates for the three exceptions, but I can describe them and roughly estmate their time -frames:
1. Approximately 20 years ago, the City dug out the debris from a portion of the Oak Circle
swale with a tractor -driven power shovel, lowering the much of the swale's bottom below street
level, but did not at that time clear out the Brista de Mar culvert or the Brista de Mar swale.
Flooding was reduced for most modest storms, but remained heavy for storms of any severity.
2. About ten years ago, the City used power equipment to scrape out a narrow, shallow strip of
the street's paving (from Nineteenth Street to the Oak Circle Swale) in an attempt to correct the
street's inadequate south -to -north downward pitch and improve water flow to the Swale. That
"fix" failed on three counts: the strip was not deep enough, nor pitched enough, nor was the
frequently -clogged swale able to handle any increase in flow.
3. About four years ago, the City repaved Oak Circle. Prior to the commencement of the job,
the City flood manager was kind enough to tell me and other neighbors of the project. I told
him then that the repaving should be designed with enough pitch to ensure adequate flow from
Nineteenth to the Swale. It wasn't, and we now have street flooding even with mild rainfall.
On 06/24/2024, 1 sent a request (2340) to the City's "Citizen Request Tracker" system, reporting
flooding caused by accummulated silt and vegetation in the Oak Circle and Brista de Mar swales and in
the culvert under Brista de Mar Circle. The City promptly sent a two-man team to cut down vegetation
and hand -dig a narrow path for stormwater to flow into the Oak Circle swale. Yet much of the swale is
still above street level, and nothing was done to the culvert or the Brista de Mar swale. I then received
an email message on 06/25/2024 from Public Works:
"The [2340] request was closed. The City will be out to do some minor hand work today,
6/25/24, to help flow off the roadway. We are currently looking into options for getting the
Attachment A to
8-12-24 Minutes
swale cleaned out on Oak Circle as well as Brista de Mar Circle, as well as other options to
alleviate the sitting water issue on the roadway. MK"
I replied on 06/26/2024 with the following email message:
"1 really appreciate the work your men did so quickly, Mr. Williams, and I am encouraged that
you are looking into options for getting the swales on Oak Circle and Brista de Mar cleaned
out. I don't, however, understand how the request (2340) can be closed with just this "minor
hand work." The silt level of much of the Oak Circle swale is still above street level, and the
culvert and swale on Brista de Mar are clogged (photos of the culvert taken from the south and
north sides of Brista De Mar and a photo of the Brista de Mar swale, respectively, are attached).
Please keep us informed as you determine what options you will employ, and when, to end the
chronic flooding of Oak Circle. Regards,
Karl Klein"
I realize the wheels of City administration can grind slowly, but I believe the matter is now urgent. We
are already well into hurricane season, and storms, with their attendant flooding, are becoming more
frequent. A severe storm will cause severe flooding. 1 understand that a budget enhancement project
has just been initiated to address the Oak Circle road grading. The project will come before you for a
vote. We would appreciate your support. But, while regrading and repaving the street may be a capital
expense matter, isn't proper maintence of the City's stormwater drainage system a matter of routine?
Why does the City have to wait years to "to look into options" for getting the swales and culvert
cleaned out? Every water and sewage bill we pay each month contains a "storm water utility" charge.
Shoudn't this money be allocated to routine maintenance of stormwater drains?
Commisioners, we need help soon. I and, if you like, a few of my neighbors would like to meet with
any of you, perhaps to walk the street and the swales with you to show you how serious the problem is.
1 can be reached at kmk32233@yahoo.com or at 904-382-9753. Thank you,
Karl Klein
1918 Oak Circle
Atlantic Beach, FL 32233
Attachment A to
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Attachment.8 to
8-12-24 Minutes
419W
Attachment C to
8-12-24 Minutts
COMP24m0001 &
REZN24m0001 &
1810 Park Street and 0 Edgar
Request is for a Future Land Use Map (FLUM)
amendment to change the future land use map
designation of 0 Edgar Street (RE# 172268-0100) &
1810 Park Street (RE# 172268-0000) FROM
Residential Low Density (RL) TO Light Industrial
(LI). Also, a request for a rezoning of 1810 Park Street
(RE# 172268-0000) FROM Residential, General,
Two -Family (RG) TO Light Industrial & Warehousing
(LIW).
Attachment C to
Location Map
IS(A)
I 89
0 55 455
fad 57
JL I
7
191G
I L
Robert St
Robert St j;
310 1960
1834
94
70 SO
.1850
1844
1930
85
35
75
IB30 AlA
1810r
I 97
65
71
1820
1310
105 goo
Edgar
St
26
1790
12
1770
Attachment C to
0 Edgar —vacant * 1810 Park St.. — vacant
FLUM RL to LI * FLUM RL to LI
Zoned LIW * Zoning RG to LIW
• Land locked no access to a Located at NWC of Park St.
street and Edgar.
P,
105
Attachment C to
8-12-24 Minutes
'�
•
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Attachment C to
a
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28111
ry _
RG= Residential, LOW
CM= commercial
Medium
U= Light Industrial
,,.INNENMN,..,
Marsh OAL
Business District
FFF LU M
Attachment C to
RG= Residential,
General, Two -Family
CG= Commercial
General
L.IW= Light Industrial
and Warehousing
F ning
Attachment C to
4
124.IS• FIELD
125.00'
Cl JD 20 4
SCALE: 1 " = 20'
i
I LOT 3 I
IT .• MI..UW MIO R"KD N91ti RALL 3
x�x— x�Cip
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r
3
20' BUIL)IN0 RESTRICTION LINE
,----— — — — — — — — — — --------- ----,
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•E, 5109
125.00'
I UMWE sLr'a�
ImC
,
I
CONCRETE DRIVE I
* 1810 Park St. —
vacant
• F LU M RL to LI
e Zoning RG to LIW
�� I----------...-------------�
20' BUILDING RESTRICTION UNE I
rte----------------------------
-------------------------------- - i EDGAR S REE
WOOD DIwNOc dPCI• I �0• RICHT 0 ^ A"
�X=",_ Laos------ ----- ___-_- _ --- -- -
--- _ _
_—ID OMM-x. NO D PIPE 1/2-
LS 3772
JO�' I 124.75' FIELD
TMS IS A RAlJNOARY SURVEY.
:. ANGLES AS PER RELD SURVEY.
e. NORM PROTRACTED CROM THE PLAT.
.. 10' FRONT AND REAR. AND 20' SIDE BUILDINC
!ESrRICTION L NE.
THIS MAP WAi MADE FCR THE BENEFIT OF
MICHAEL D. PHILLIPS do JEFFREY D. KLOTZ;
-HE PROPERTY SHO'R'N HEREON ATTORNEYS' TITLE INSUR4NCE FUND, INC.;
APPEARS TO LIE IN FLOOD ZONE "X'. LAWRENCE E. HAYf)FN JR FMIIIPr
Located at NWC of
Park St. and Edgar.
Attachment C to
5' SIDE 3ET3.ACK
Attachment C to
ANALYSIS & REVIEW
Per Section 24-62(C)(2) of the Land Development Code, the Community Development
Board shall "indicate the relationship of the proposed rezoning to the Comprehensive
Plan for the City and provide a finding that the requested change in zoning is
consistent with the Comprehensive Plan".
Policy A.1.5.6 Commercial and light industrial development shall be located and
designed so as to minimize adverse effects on residential areas, traffic facilities and
aesthetic character of the City.
Policy A.1.11.1 (f) Light Industrial — The Light Industrial category shall be limited to
light manufacturing and production, storage, warehousing and distribution uses as
further controlled by the Land Development Regulations. Light industrial uses may
have outdoor storage and business related activity, but such uses shall not include
processes that create negative effects to surrounding properties due to noise, heat,
fumes, debris, chemicals or hazardous materials.
Attachment C to
Policy A.1.11.1 (f) Light Industrial — The Light Industrial category shall be
limited to light manufacturing and production, storage, warehousing and
distribution uses as further controlled by the Land Development Regulations.
Light industrial uses may have outdoor storage and business related activity,
but such uses shall not include processes that create negative effects to
surrounding properties due to noise, heat, fumes, debris, chemicals or
hazardous materials.
Further, in considering a FLUM amendment application, Policy A.1.3.1 of the
Comprehensive Plan states that the City shall find that each of the following
conditions are demonstrated by the applicant seeking said amendment.
a) There are adequate public facilities available to the proposed
development.
b) The proposed commercial or industrial development shall not have
adverse impacts to surrounding neighborhoods, other properties, the
natural environment, the aesthetic qualities of the City and shall not
impair or degrade scenic natural views.
c) There is a demonstrated deficiency of commercial or industrial lands
within the City to serve the needs of residents of the City for such uses.
Attachment C to
Policy A.1.13.4 states that applications to amend the Comprehensive Plan shall be
reviewed and evaluated based upon the following factors:
(a) Consistency with the Goals, Objectives and Policies of this Plan;
(b) Consistency with the State Comprehensive Plan and the Northeast Florida
Strategic Regional Policy Plan;
(c) Consistency with other adopted policies and plans of the City, the County, the
State or other agencies having regulatory authority over the City;
(d) The potential for adverse impacts to Environmentally Sensitive Areas, the
natural environment or the aesthetic quality of the City,
(e) The potential to cause deficiencies in adopted levels of service or to adversely
impact available water supplies, public facilities, infrastructure and services.
Attachment C to
8-12-24 Minutes
CDB Recommendation
CDB voted 6-0 not to recommend approval of the
comprehensive plan or rezoning request based on Comp
Plan Policies.
Expressed concerns that the industrial uses would b close to
residential properties and have adverse impact to the
surrounding neighborhood.
xeea:11111M c to
8-12-24 Minutes
Grounds for Decision
SLUM
Future Land Use Map should be
reviewed for consistency with
the Comprehensive Plan. The
Comprehensive Plan discourages
amendments to increase density
within environmentally sensitive
areas, coastal high hazard areas
(CHHA), or areas vulnerable to
flooding. This property does not
contain environmentally
sensitive areas, is not within the
CHHA, and is not vulnerable to
flooding.
REZONING
The CDB has studied and
considered the need and
justification for the change.