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06-14-04 vMINUTES REGULAR CITY COMMISSION MEETING JUNE 14, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 24, 2004 Motion: Approve Minutes of the Regular Meeting of May 24, 2004 as presented. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors There were no comments from the floor at this time. 3. Unfinished Business from Previous Meeting A. Report Relative to Intersection of First Street and East Coast Drive Chief Thompson reported that at the last meeting residents had expressed concern that the wall constructed at the northwest corner of the intersection of ls` Street and East Coast Drive obstructed their view so they could not safely enter the intersection. Chief Thompson displayed photographs showing the visibility from all directions at the intersection and stated the Police Department evaluation of the intersection revealed that the visibility June 14, 2004 REGULAR COMMISSION MEETING PaEe 2 ''° from a smaller car was so limited at night that it posed a safety hazard. Chief Thompson stated that to reduce the hazard, two additional stop signs were installed on East Coast Drive, making the intersection a four way stop. Chief Thompson indicated that the new wall, which was properly permitted and constructed on the northwest corner, mirrored the visibility problems caused by an existing wall on the southeast corner. It was pointed out that parking adjacent to the new wall further limited visibility. A copy of Chief Thompson's report is attached and made part of this official record as Attachment A. Commissioner Parsons stated that he favored removing the stop signs on East Coast Drive and lowering or removing the new wall. He indicated that the pre-existing wall had been there more than ten years and presented no problem. Commissioner Simmons believed that even if the new wall was modified or removed, parking at the corner would cause a visibility problem. She suggested that all intersections be evaluated to keep ahead of similar situations in the future. Commissioner Beaver believed that decisions regarding the placement of ~"" stop signs should be made by the Commission. Chief Thompson stated that signs placed on East Coast Drive were placed there temporarily due to the visibility hazard at the intersection and the Commission should decide whether the stop signs should remain permanently. Commissioner Beaver believed that if the stop signs were permanently installed at the intersection, requests would be made for additional stop signs all over the city. City Attorney Jensen advised that the intersection was deemed dangerous by the Police Department, partly due to the wall that was permitted by the city. He believed the city should take precautions to protect pedestrians, bicyclists, and skateboarders using the sidewalk as well as vehicles. He believed there would potentially be some liability on the city's part if the city ignored the situation.. Harvey Warnock, owner of the property where the new wall was constructed, stated he did not want to remove or modify the wall. He explained that that the wall was properly permitted and constructed with quality materials and steel reinforcement in accordance with the city code. Mr. Warnock favored keeping the intersection a four way stop. Discussion of options for improved safety at the intersection ensued and Mayor Meserve requested staff to bring options to increase safety at the intersection along with their related costs and legal ramifications back to the June 14, 2004 REGULAR COMMISSION MEETING Pa e 3 City Commission for further consideration at the next meeting. The City Commission concurred. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of monthly reports from Building, Public Works and Utilities, and Public Safety Departments (April), and reports of new Occupational Licenses and Utility Sales (City Manager) B. Extend contact with Nature's Way Natural Pest Control for one year for mosquito control at the prices as bid in Bid No. 0203-19 (City Manager) C. Authorize the Mayor to sign the Application for Revenue Sharing for 2004-2005 (City Manager) D. Acknowledge receipt of 2003 Water Quality Reports (City Manager) E. Award a contract to Cintas Corporation for uniform rental and cleaning for one year beginning August 1, 2004, pursuant to the specifications of Bid No. 0304-17 Motion: Approve Consent Agenda Items A through E as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Tree Conservation Board Report Maureen Shaughnessy, Chair of the Tree Conservation Board, updated the Commissioners on the activities of the Board since January 1, 2004. Ms. Shaughnessy reported that the Board had revised the tree removal application form to make it more "user friendly," and they were working on a draft ordinance to protect the tree canopy of the city. She indicated that 123 tree inspections had been made and $8,725 in mitigation fees assessed. Ms. Shaughnessy indicated that four applicants had failed to pay their mitigation fees and the cases maybe turned over to Code Enforcement for collection. Commissioner Simmons inquired if the current ordinance would be updated to increase mitigation requirements. Ms. Shaughnessy indicated that they were working in that area, and the current fee was $117 per inch. June 14, 2004 REGULAR COMMISSION MEETING Page 4 "" Commissioner Waters inquired if funding was available if a group of citizens wished to plant an allee of trees along a particular block. City Manager Hanson responded that the city would consider the request, but pointed out that funding could not collectively exceed $2,000 annually for private property projects. He indicated there would be no cost if the trees were planted on city right-of--way under the Adopt a Tree Program. Commissioner Waters stated he would like to see protection of specimen trees. Resolutions 6. Action on Resolutions: None. Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-64 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Mayor Meserve read the ordinance by title only. ""` Motion: Approve Ordinance No. 20-04-64 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 25-04-36 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH FLOOD INSURANCE RATING SYSTEM; THEREOF REQUIREMENTS PROGRAM AND PROVIDING AN OF THE NATIONAL THE COMMUNITY EFFECTIVE DATE Mayor Meserve read the ordinance by title only. June 14, 2004 REGULAR COMMISSION MEETING Pa e 5 ""` Motion: Approve Ordinance No. 25-04-36 on final reading Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 95-04-87 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13, OFFENSES BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS"; SETTING FORTH REGULATIONS FOR THE POSSESSION OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANACES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 95-04-87 on final reading. Mayor Meserve opened the floor for a public hearing. Dan Foglton of 333 4t" Street spoke in opposition to the ordinance. Mr. Foglton believed that a few complaining citizens should not be allowed to take the privilege of possessing and using personal fireworks away from the majority. He believed parents should educate their children in the safe handling of fireworks and families should be allowed to celebrate the 4`" of July. He felt that the citizens of Atlantic Beach should have been allowed to vote on the ordinance. Mayor Meserve explained that most fireworks were already illegal under state law, and that Jacksonville Beach and Neptune Beach passed or were in the process of passing similar laws to regulate fireworks. He indicated that shooting off exploding fireworks and rockets from the beach had grown over the years and presented safety and visibility issues for those trying to watch the Jacksonville Beach fireworks display. It was also pointed out that the plastic residue left from the exploded fireworks littered the beach and required extra cleanup. The Mayor stated that the ordinance would not .., completely ban fireworks, but would provide the Public Safety Department a mechanism to regulate their use. June 14, 2004 REGULAR COMMISSION MEETING Pa e 6 Commissioner Parsons agreed with the Mayor. Commissioner Beaver believed passage of the ordinance was more of a safety issue and he hoped the citizens of Atlantic Beach would be able to go to the beach and enjoy future Jacksonville Beach and Mayport fireworks displays. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 95-04-88 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12, NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 95-04-88 on first reading. Commissioner Sinunons requested that the code contain language that would prevent the cleaning of fish on the beach. She believed that it was addressed under Chapter 5, Beaches and Parks, Sec. 5-4 Littering, but the language should be more specific. Mayor Meserve expressed concern for cutting buffers within twenty feet of any occupied residential property and indicated that in some cases adjoining residential property owners desired the undeveloped property left in its natural vegetative state. Code Enforcement Officer Sherrer responded that the addition of item twelve provided a means to enforce lot mowing if a complaint was received. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Ordinance No. 90-04-185 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND ,.. DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, June 14, 2004 REGULAR COMMISSION MEETING Page 7 BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 90-04-185 on first reading. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Authorize Builders A. Authorize Builders Care to perform CDBG funded housing Care to Perform CDBG rehabilitation services pursuant to the City's 2003-2004 CDBG Funded Work Contract (City Manager) Motion: Authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's 2003-2004 CDBG Contract. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Appointments to Two B. Appointments to fill vacancies on two Pension Boards (City Pension Boards Manager) Mayor Meserve stated that he would like to postpone the appointment(s) until the next Commission Meeting in order to obtain additional information concerning the applicants. There were no objections to the request. Revised Cross- C. Adopt the revised City of Atlantic Beach Cross-Connection Connection Control Control Policy Manual (City Manager) Policy Manual Motion: Adopt the revised City of Atlantic Beach Cross-Connection Control Policy as presented. June 14, 2004 REGULAR COMMISSION MEETING Pa e 8 ~""~ Commissioner Waters stated that he had problems with the revised Cross- Connection Control Policy and believed it was just another unfunded state mandate to the citizens of Atlantic Beach. He felt that it was the city's responsibility to protect its water supply and the city should pay for the cost of backflow prevention, including installation and testing. Utility Director Kaluzniak explained that property owners with existing private wells and existing irrigation systems would be required to install backflow preventers with the new requirements under the Department of Environmental Protection's rule 62-555. She indicated there would be no "grandfathering" of existing potential cross connections, and property owners would be notified to install proper backflow prevention, including those with no current connection to the municipal water system. Discussion of costs ensued. Ms. Kaluzniak indicated that it would cost $250 - $300 to install the device on a 3/a" residential service and $40 per year for testing. Commissioner Simmons inquired if the city had ever experienced water contamination due to a cross connection. Ms. Kaluzniak responded that to her knowledge it had never happened. Discussion of the placement and size of the residential backflow preventer ensued. Commissioner Beaver believed the city had no recourse but to adopt the new policy, whether or not they agreed with the new DEP requirements. City Attorney Jensen advised that the city ordinance passed in 2000 required adoption of the latest rules and regulations of the DEP and if the city did not adopt the revised Cross-Connection Control Program Policy, it would be in violation of its own ordinance. Moved by Beaver, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters MOTION CARRIED 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment B. '"" June 14, 2004 REGULAR COMMISSION_MEETING Page 9 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Reported that he would be out of town and unable to attend the next meeting. • Commented on the stop signs placed on East Coast Drive at 1 S` Street and indicated that he understood the signs were installed to protect the public, but noted that there were many intersections throughout the city with similar visibility problems. Commissioner Simmons • Believed the city should move ahead with increasing sight line requirements at other intersections before additional problems arise. Commissioner Parsons • Commented concerning enforcement of the fireworks ordinance and confirmed that it was the city's intention to gain voluntary cooperation. Chief Thompson indicated it was the department's intent to make the first year an educational process, but the department would confiscate fireworks if necessary. • Stated he was in South Florida recently and two cities in that region had passed similar ordinances regulating the use of fireworks. Commissioner Waters • Believed the penalty for the use of fireworks was too low to be a deterrent. • Commented that site triangle regulations should have been enforced in the past. • Believed it should be a crime to cross connect a shallow well or irrigation system with the city's potable water supply. Mayor Meserve • Reported that he had been made aware of a not for profit company that had a prescription drug program for the needy called Prescription Relief. .,. The company presently operates in the north and would like to expand its operations to the southern states. The Mayor briefly explained what June 14, 2004 REGULAR COMMISSION MEETING Pa a 10 "' he knew about the program, and said he would like to obtain additional information to see if the city should support the program for its needy residents. He indicated he would report back to the Commission within the next two months. No one objected to the request. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:05 p.m. ATTEST: Maureen King Certified Municipa rk ,".' ATTACHMENT A JUNE 14, 2004 COMMISSION MEETING STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Intersection of 1St Street and Eastcoast Drive DATE: June 7, 2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: Original Complaints: At the last City Commission meeting, several residents on lst Street expressed their concern relative to a walUfence that was under construction at the northwest corner of Eastcoast Drive and 1 S` Street. They contended that the new wall/fence was obstructing the visibility at the intersection such that they could not safely enter the intersection. As a result of the complaints, the police department examined and evaluated the intersection, from all streets, to evaluate the visibility and safety at that location. A daylight review from a Chevy Sport Utility Vehicle did not reveal any problem with visibility. However, an evening review from a Pontiac Grande Am provided a different perspective. From the smaller car, it was determined that the visibility was so limited that it created a safety hazard. The police department contacted public works immediately to erect two (2) additional stop signs, making the intersection a four {4) way stop. This action would provide an immediate mechanism to reduce the hazard at that location. It is also significant to note that this decision was not simply based on the wall/fence that was constructed on the northwest corner. The decision also considered the limited visibility on the southeast corner of the intersection. Existing Problems: There is apre-existing wall and landscaping on the southeast corner that significantly limits visibility. If a westbound motorist approaches the intersection on 1St Street and stops at the stop bar, then the visibility to the south is inadequate to safely enter the intersection. The motorist will need to slowly move up and into the intersection before being able to clearly see traffic northbound on Eastcoast Drive. By the time a motorist reaches a point where they can observe the northbound traffic, the front end of the vehicle to is dangerously close to the traffic lane (depending on the design of the vehicle). The new walUfence on the northwest corner virtually mirrors the walUfence on the southeast corner, except that the new wall is actually lower. Relative to the new wall on the northwest corner, the wall obstructs visibility at the' intersection. Similar to the pre-existing wall, it requires motorists to stop at the stop bar, and then slowly move into the intersection while trying to get a better view of traffic. However, the new wall has a sidewalk that provides both an advantage and disadvantage. The advantage is that ~it provides an area of several feet for a motorist to slowly move into the intersection until traffic may be adequately observed. The disadvantage is that the motorist is required to pull out where the sidewalk is blocked to ~^ see the southbound traffic. This can present other problems. AGENDA ITEM #3A JUNE 14, 2004 In addition to the wall, the parking at the new house on the northwest corner creates an additional problem. With the current parking at the site, motorists are not going to be able to clearly observe southbound traffic at the intersection. A concrete driveway and parking space was created immediately adjacent to the wall. If any significant size vehicle is parked at that location, then the visibility at the intersection is severely limited. With or without the wall, it will not be safe for eastbound motorists on 1 ~` Street. Legal Issues: The decision to placing traffic controls on Eastcoast Drive requires City Commission approval. In a fairly obscure ordinance originally passed in 1967 and modified in 1987, Eastcoast Drive was identified as a "Through Street." Although it is not clearly explained in the ordinance, it has been interpreted in the past to require City Commission approval for the addition of traffic controls. For this reason, the decision as to whether or not to make 1 ~ Street and Eastcoast Drive a four (4) way stop is a decision for the City Commission to make. Since this action will actually change a city ordinance, the action necessary to change it will require a city ordinance. It is also noted that this section of the code has not been modified in the past when traffic controls were added to "Through Streets", including traffic controls specifically added by the City Commission. Regardless of the decision in this matter, this section of the code needs to be updated or eliminated. Additionally, it should be noted that the plans for the construction of the wall and the parking places were submitted to city staff where they were reviewed and approved. The contractor ~.. and owner followed the prescribed procedures for the construction at the site. The impact of these structures, on the visibility of traffic, was not evident from the plan review. These problems have only become apparent after the wall and parking areas were erected. Several Possible Choices: As in many cases, there are a number of possibilities for action including, but not limited to: 1. Leave the stop signs at 1~` Street and Eastcoast Drive, keeping it a four (4) way stop. This is an inexpensive way to alleviate the safety concerns at the southeast corner and the northwest corner. Similar to the intersection at 6`~ Street and Eastcoast drive, requiring the traffic to stop will eliminate the hazard created by the existing wall, the new wall, and the new parking place. However, the additional stop signs will inconvenience thousands of motorists each day who travel through this intersection. It will also increase the noise and air pollution at the intersection as a result of the stopping and accelerating vehicles. 2. Remove the new stop signs after requiring the removaUmodification of the new wall and the relocation of the parkingplace. This would eliminate the visibility problem for eastbound traffic on 1 ~` Street. Relative to the pre-existing wall on the southeast corner, there are some legal questions relative to requiring the removal or modification of the pre-existing wall. When this wall was constructed, there was no clear, legal mechanism to preclude it from blocking .visibility at the intersection. This would not address the problem that exists as a result of the pre-existing wall and landscaping on the southeast corner. Additionally, the City may be required to pay for AGENDA ITEM #3A JUNE 14, 2004 .,, the modifications to the site since the original plans for the site had been approved through established channels. It is also possible that legal litigation could result from this action. 3. "Doing nothing" is a possible response, but probably not a realistic choice. Although traffic can make adjustments and negotiate the intersection as it is currently constructed, the safety hazard is significant. Summary: It is unfortunate that the design of Eastcoast Drive provides very little right-of--way to buffer the effect of construction and landscaping on private property. This is evident at a number of intersections on Eastcoast Drive. Under the city code, no one is allowed to build a walUfence that obstructs visibility at anon-signalized intersection. However, in this case, due to the existing limitations on the southeast corner, a four (4) way stop is recommended to enhance public safety at that intersection. Regardless of the specific action taken in this matter, the city code needs to be modified and updated relative to traffic and parking regulations. The Police Department has been working on this for several months, and the recommendations will be brought to the City Commission within the next few months. BUDGET: RECOMMENDATIONS: Due to the existing limitations on the southeast corner, a four (4) way stop is recommended to enhance public safety at that intersection. ATTACFIMENTS: Ordinance # 75-67-2 Ordinance #75-87-6 Section 24-157 Allowable height offences and walls REVIEWED BY CITY MANAGER: A ITEM NUMBER: AGENDA ITEM #3A JUNE 14, 2004 __ _~' ORDINANCE NO. 75--57-2 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 75-5$-1, BEING AN ORDINANCE ENTITLED "A1~' ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING THE MOVEMENT OF ALL VEHICULAR, PEDESTRII~lN AND OTHER TRAFFIC WITE3-~ IN THE CITY OF ATLANTIC EE[~CH, FLORIDA." BE IT EI3ACTED BY THE PEOPLE OF TIC CITY OF ATLANTIC EEACH, FLORIDA: , SECTION I. That the schedules o= designated streetr~ districts and zones, referred to and embraced. in and by the 4 d?nance adapted by saa.d Ordinance #75-58-3. are hereby declared to be as follows, and Section 2 of said Ordinance #75-5a-3. is here- by amended accordingly: FLORI]aA MODEL TRRF~'IC~ ORDI~IiNCE. Tnsext for Section 19~ SCHEDULE I _~,~^. ". { 1) S PEED LIMITS - Beach Avenue 1S MPH At A].1 Times Seminole Raad 25 MPH At. A~ll Times Maypart Road As established At A3.1 Times froth time to time by Florida State Road Department SCHEDULE IZ ONE-WAY STREETS AND ALLEYS - Street ,,~. North side o€ Plaza between East Coast Drive and Sherry Dr. South side of Plaza between East Coast Drive and Sherry Dr, Direct~,cm, o€ Tra€fic hest East East. side of Selva Marina. Drive between Seminole Rd. intersection North to City Limits North AGENDA ITEM #3A JUNE 14, 2004 ORDINANCE NO, 7~~67-2 Model Traffic Ordinance Insert -- Schedule II Continued -- West side of Selva Marina Drive between. Seminole Rd, intersection north to City Limits SCHEDULE IlX THROIIGH STREETS Streei~ Maypart Road ocean Boulevard East Coast Drive Sherry 3]rive SCI~DULE IV Page ~ South Portions Affected I;11 All X!• 11 ."x.7.1 Pax'king prohibited at all times on certain streets Name of Street Ocean I3auleva~d East Coast Drive SCHEDULE VI Portions Affected East side from Atlantic Blvd.. north to Ahern Street Atlantic Foulevard north tp 11th Street Parking time limited on~eertain streets Street or District North side of Atlantic Blvd. from Ocean Slvd, west to East Coat Drive West side of Ocean Boulevard cram Atlantic Boulevard north to l;hern Street North side of Atlantic Blvd.. from Sherry Drive to a point ~,`, 100 feet west of Sherry Dr. Time 30 Pdinutes 30 Minutes i~ Minutes AGENDA ITEM #3A JUNE 14, 2004 ORDINANCS RO. '75-67--~ PAGL~ 3 SECTION IT. ~*his Ordinance sha3.I become effective immediately upon its Passage. ~ ~ ~ ~ Passed by the City Commission on first reading on l~iarch 27, 197, Parsed by the City Co~ni.ssion on seaand and final reading on Rpril 10th 3.3E~7. Attest: e IL { V r 1~,cele S . Grage ,,~` City Clerk (SEAL) fihis is to csrtify th4.t the above ordinence ~ `~S ~- (~ ~- ~ ryas posted '-E- ; 1~~` at the City Hall folloxing its final passage on~~- / ~ _'7 ~. Adele S.. Grage. City Cl©rk AGENDA ITEM #3A JUNE 14, 2004 ORDINANCE N0. 75-87--6 AN ORDINANCE AMENDING ORDINANCE N0. 75-67-2, BEING AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING THE MOVEMENT OF ALL VEHICULAR, PEDESTRIAI3 AND OTHER TRAFFIC WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING SECTION 1, SCHEDULE III, TO AUTHORIZE THE PLACEMENT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON OCEAN BOULEVARD AND EAST COAST DRIVE; PROVIDING AN EFFECTIVE DATE $E IT ORDAINED BY THE CITY. COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Ordinance No. 75-67-2, Section 1, Schedule ZII is hereby amended to read as follows: FLORIDA MODEL TRAFFIC ORDINANCE SCHEDULE III ~"^, THROUGH STREETS Street Pisppere-&esd Ocean Boulevard East Coast Drive Sherry Drive Seminole R6ad Portions Affected A~~ All, except four-way stop signs at Ahern, 'Sey~enth'Str~et, Te~fth Street and Sixteenth Street A11, except four-way stop signs at Seventh Street, Te~1th Street, ' Eleventh Street and Seminole Road All, Atlantic Boulevard to Seminole Road All except Plaza and intersection with Eighteeritti and~Saturiba SCHEDULE IV Parking prohibited at all times on certain streets Name of Street Portions Affected ,E-^, 9ees~c-Bettlevs~d Es$e-bide-~~eae-Ae~eae#e-Bee~~eve~d ae~e~-~ e-E~k~een-6 ire e~T East Coast Drive Atlantic Boulevard north to Eleventh Street AGENDA ITEM #3A JUNE 14, 2004 Section 2. This Ordinance shall become effective immediately upon its adoption. Approved by the City Commission on first reading April 27, 1987 Approved by the City Commission on Second & Final reading May 11, 1987 illiam S. Howell, Mayor, Presiding Officer Approved as to Form and Correctness: ude L. Mullis, Cit Att ey ,.~^, ATTEST: ~~~ ~~ Adelaide E.;~Tucker, City Clerk ~. AGENDA ITEM #3A JUNE 14, 2004 Sec. 24-157. Allowable height of fences and walls. (a) Within required front yards, the maximum height of any fence or wall shall be four (4) feet. (b) Within required side or rear yards, the maximum height of any fence or wall shall be six (6) feet. (c) On corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street, provided, however, that clear vehicular and pedestrian sight distance shall be maintained at any street intersection. (d) The height offences and walls shall be measured from grade to the top of the fence or wall. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall shall be measured from the side with the lowest elevation. The use of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is prohibited. (e) The maximum height of retaining walls on any lot is four (4) feet. A minimum of forty (40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. (Ord. No. 90-03-184, § 2, 12-8-03) ATTACHMENT B JUNE 14, 2004 COMMISSION MEETING June 7, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: SUBJECT Warning Flags for Surf Conditions; There is a newly adopted uniform state plan for flags on beaches to warn swimmers of hazardous surf conditions. To implement this plan in Atlantic Beach will require that poles and signs advising of what the flags mean must be installed at several of the most visible beach entrances. Taylor Middleton, a local Boy Scout from Troop 40 has contacted the City about completing an Eagle Scout project and would like to handle this project for the City. The plan is for our Public Works Department to design, select and purchase the hardware and materials for the project. After determining the appropriate locations, Mr. Middleton will work with Public Works and lifeguard staff members to install. the signs and flagpoles at appropriate locations along the beach. When completed, our lifeguards will have a standardized mechanism to communicate surf conditions to people enjoying the beach and Mr. Middleton will have successfully completed his Eagle Scout project. The work should be done this summer. Mayors from Montenegro; For the third time in recent years, Atlantic Beach has been asked to meet with city officials from foreign countries to describe our system of local government and answer any questions that they may have. Most recently, two Mayors from Montenegro (formerly Yugoslavia) visited Atlantic Beach on June 2, 2004. They were from the cities of Zabljak and Danilovgrad. Both Mayors expressed their desires to hire a professional manager for their cities and convert to acouncil-manager form of government. They had been receiving help from the International City Management Association (ICMA).