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03-27-06MINUTES REGULAR CITY COMMISSION MEETING March 27, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Manager Jim Hanson City Clerk Donna L. Bussey City Attorney Alan C. Jensen Call to Order/Pledge Approval of Minutes Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by the Mayor, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed everyone to the meeting and reviewed the procedures for conducting Item #2, Courtesy of the Floor to Visitors. 1. Approval of the minutes of the Regular Commission Meeting on March 13, 2006. Motion: Approve the minutes of the Regular Commission Meeting on March 13, 2006. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Alan Potter, 374 2°d Street, addressed Item 8E and spoke against acquiring the church property for a retention pond at Hopkins Creek. He insisted that the current drainage system is sufficient in that area and believed it to be unnecessary to spend money for a retention pond there. He asked that the City abandon this project. At this time, the Mayor addressed the proposed rezoning ordinance and the large amount of interest and involvement regarding the issue. He acknowledged the importance of the citizens' concerns and asked that a proper demeanor be maintained during the comments. Gil Phillips, 331 Seventh Street, spoke against the potential rezoning issue and against the study by Winter and Company. He believed that the City March 27, 2006 REGULAR COMMISSION MEETING Page 2 currently has enough rules and regulations regarding building and residential standards. Mayor Wolfson pointed out that the Commission would not be taking any action on the new residential design standards issue tonight. However, he encouraged and urged all interested individuals to attend and participate in the workshop on April 11`h George Mayforth, 10 Tenth Street, addressed Item 7C and reiterated his concerns regarding designating pools as 40% impervious and thus reducing the size of homes allowed on a lot. He pointed out that swimming pools provide storage capacity for stormwater and suggested that the City have professional engineers review the issue. Mr. Mayforth insisted that pools should be exempt from the impervious surface designation. Brian Sexton, 320 Ninth Street, read a letter from the Save Atlantic Beach organization to be printed in the Beaches Leader newspaper. The letter stated the group's opposition to the proposed ordinance and the restrictive residential design standards that it would set. He encouraged all citizens to read the proposed code and communicate with each other regarding the issue. Michael Hoffmann, 176 Camelia Street, discussed the announcement that the City Manager authorized that $50,000 in Community Development Block grant funds be transferred to Habitat for Humanity. He believed the Commission should discuss the issue and examine ways to use the funds to assist low-to-moderate income neighborhoods within Atlantic Beach. He suggested projects such as providing sidewalks, improving drainage, replacing broken playground equipment, or creating a buffer against the effects of the flyover. Mr. Hoffmann also pointed out the difficulties in establishing the Buckman Trust property as part of the public domain. Instead, he asked that the City put that money and effort towards purchasing land for a playground in the Marsh Oaks area. Kelly Elmore, 1615 Beach Avenue, identified himself as a professional landscape architect and questioned the proposed 40% impervious designation for pools. He believed that the burden of stormwater management should not be placed on property owners but should be provided by the City as a utility. Michael Charest, 1858 Beachside Court, declared that he enjoys the diversity of Atlantic Beach and is concerned with the potential impact of the adoption of the draft ordinance. He asked the Commission to review and reconsider the ordinance and help the citizens make the community a better place for all. Leslie Platock,1640 Beach Avenue, expressed serious concerns with the proposed draft and its possible effect of preventing homeowners from building a pool at their residence. She believed that the proposed residential March 27, 2006 REGULAR COMMISSION MEETING Paee 3 standards could be considered an illegal taking without representation under the Fifth amendment. She asked the Commission to determine how many citizens really support the draft ordinance. Bob Parrish, 1731 Beach Avenue, opposed any new residential standards and indicated many citizens have signed a petition stating the same. He responded to the Mayor's column in the Beaches Leader and discussed perceived personal attacks by the Mayor and Commissioner Fletcher. He indicated that no studies have been performed to determine the potential financial impacts of the proposed residential standards. He strongly discouraged the City from taking away property rights without a clear mandate or proper compensation. Chris Griffith, 75 Coral Street, stated that the City's Community Character project is unrealistic and that it would be hard to actually live in a residence conforming to the proposed standards. He discussed the problems with the new residential standards and asked the Commission to reconsider them. Jim Smith, 1958 Beachside Court, praised the diversity of Atlantic Beach residences. He believed that the broad nature of the proposed ordinance is not in the best interest of the majority of the citizens and that it would seriously diminish property values and negatively impact the diversity of the City. He asked that the Commission discontinue its pursuit of this ordinance. Carol Mike11,1771 Sea Oats Drive, commented on the power of knowledge and the value of people getting involved in the issues of the City. She stated that pools should remain designated as 100% pervious. R. D. deCarle, 51 Beach Avenue, spoke against the ordinance regarding the impervious designation of pools. He believed that the Winter and Company study does not address the specific needs of Atlantic Beach. He discussed lot sizes within Atlantic Beach and mentioned the issue of property takings as related to the proposed standards. He spoke in favor of eclectic residential diversity and against acookie-cutter community. Rick Allen, 320 Eighth Street, stated he is in favor of property rights, but is concerned that a commercial interest in property values is the primary concern of the Save Atlantic Beach group. He spoke in favor of property owners' rights to enjoy their premises as residents as opposed to property rights of commercial real estate interests. Dana Carpenter, 1415 Ocean Boulevard, supported the Commission's efforts to consider the recommendations of the Winter group in order to maintain the growth and character of the City. She asked the Commission to help clarify and streamline communications so that the proposals are not confusing or too complicated for the citizens to help make the decisions. March 27, 2006 REGULAR COMMISSION MEETING Paee 4 Patricia and John Goelz, 1359 Beach Avenue, discussed the need for compromise in order to create a code that will maintain the diversity of Atlantic Beach. They believed that supporting property rights goes along with preserving the character of Atlantic Beach. Kate Gamble Dickson, 320 Twelfth Street, expressed frustration that the conversation has centered around property rights. She believed the issue should also include a vision for the community which includes more green space and neighbors' rights. She expressed the need to improve communication and to see a bigger picture. Michael Dillon, 335 Nineteenth Street, acknowledged that an elevated level of debate is important for the City and its residents. He discussed the definition of quality of life and asked that the correct conclusion come out of all this consideration and study. In conclusion, Mayor Wolfson noted that this process is very important and stressed that the Commission supports what is right for Atlantic Beach and takes its responsibilities seriously. He encouraged the citizens to continue being involved in the process and pointed out that the process is ongoing and far from being complete. He thanked everyone for their good demeanor and approach as responsible citizens and neighbors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report None Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report and Financial Report for February (City Manager) B. Award the bid for the replacement of the Fire Bay doors to Vigneaux in that amount of $21,105.00 (Bid No. 0506-10) (City Manager) C. Authorize rejecting all the submitted bids for the Resurfacing Project (Bid No. 0506-7) and rebidding the project with modifications to the bid package as recommended by staff (City Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Paee 5 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO: 06-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO RECOGNIZE AND SHOW APPRECIATION FOR EMERGENCY COMMUNICATIONS OPERATORS SERVING THE CITY OF ATLANTIC BEACH City Manager Hanson explained the purpose of this resolution. Chief Thompson, Director of Public Safety, described the Emergency Communications Operators job as often high stressed and unappreciated. Commissioner Waters made a grammatical correction to the sixth `Whereas' in order to maintain singular/plural agreement. Motion: Approve Resolution No. 06-04. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Resolution 06-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF 2006, AND PROVIDING AN EFFECTIVE DATE. Commissioner Borno commented on the difficulty in comprehending the attached bill. He spoke against supporting the resolution. Motion: Approve Resolution No. 06-05 as presented. Moved by Fletcher, seconded by Waters Commissioner Fletcher reported that he spoke with Senator Nelson's office in order to receive clarification of the bill's intention. He stated that the bill protects Florida waters, except for a small area that is more than 150 miles off the coast, from offshore drilling. He emphasized his support of this resolution. Commissioner Simmons stated she called both state senators' offices for more information. She believed this issue is more complicated than March 27, 2006 REGULAR COMMISSION MEETING Paee 6 presented and has a long history attached to it. She stated she is not prepared to vote on it tonight. Commissioner Borno spoke in favor of exploring U.S. resources in order to reduce dependence on oil from the Middle East. Commissioner Fletcher viewed the bill as a chance to support protection of Florida's environment. Commissioner Simmons pointed out the great difference in perspectives on the purpose of the bill and stated her preference that the Commission be better informed before voting on the issue. Mayor Wolfson expressed concern with Louisiana being able to drill for oil offshore of Florida and believed this was the primary concern addressed in the bill. Commissioner Fletcher moved to withdraw his motion and Mayor Wolfson seconded. Motion: To defer action until Apri124, 2006. Moved by Fletcher, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-06-90, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read Ordinance No 95-06-90 by title only. Commissioner Borno explained that this ordinance would increase the liability insurance or surety bond requirement for a dangerous dog from $100,000 to $300,000. Motion: To approve Ordinance No. 95-06-90 on first reading. March 27, 2006 REGULAR COMMISSION MEETING Pa e 7 Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 5-06-46, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS & COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST EXPIRE BEFORE A TERM LIMITED MEMBER MAY BE REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 5-06-46 by title only. Motion: To approve Ordinance No. 5-06-46 on first reading. Moved by Borno, seconded by Fletcher Commissioner Borno pointed out that this ordinance establishes the criteria of a time span to pass before an individual could be appointed to the same Board or Committee. He thought that the time span should apply to an individual being appointed to any other board or committee, not just the one on which they served. He asked that the language be changed to read that a person may not be appointed to any other board or committee until one year has passed since that person served the maximum number of terms on a board or committee. Commissioner Waters spoke in favor of allowing a board member who is termed out to apply his/her skills and experience to a different board or committee without having to wait a year. He did not want to limit the City's pool of candidates for all boards and committees by preventing an individual from being considered for a board other than the one on which he/she just served. Commissioner Fletcher and Mayor Wolfson agreed with Commissioner Waters. The Mayor pointed out that an individual termed-out of one board would still have to go through the selection process in order to serve on a different board. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1 -Borno MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Pa e S C. Ordinance No. 90-06-190, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 90-06-190 by title only. Motion: To approve Ordinance No. 90-06-190 on first reading. City Manager Hanson asked Public Works Director, Rick Carper, to explain the rationale behind the 40% impervious designation for swimming pools. Mr. Carper reviewed the information he presented at the previous Commission meeting. This information contained calculations and diagrams that compared impacts of three different percentages of a pool's impervious surface when applied to a 5000 square foot lot. He reported that the average pool has 6 inches of freeboard and that the average 25-year storm creates 9 inches of stormwater. Mr. Carper explained that the approximate ratio of the two figures led to the 40% impervious designation. Commissioner Waters and Commissioner Fletcher believed it to be a good compromise. Commissioner Waters asked how the ordinance would be enforced. Mr. Carper responded it would be enforced through the building permit review process. Commissioner Waters stressed the need to enforce this regulation if implemented. Commissioner Simmons pointed out that the recommendation from the Community Development Board differed from the ordinance being considered tonight. She stated her respect for the Community Development Board's guidance and supported their recommendation, noting that pools collect water and are a valuable component of the community. City Manager Hanson explained the drainage system process in the City. He noted that, even though a large amount of money and effort has been put towards its improvement, the drainage system is currently at its maximum capacity and every foot of impervious surface adds to the amount of flooding in the City. He explained the necessity for the impervious surface regulations in the City. Mayor Wolfson asked how other nearby communities treat swimming pools. Mr. Carper reported that Neptune Beach treats pools as an impervious surface and that Jacksonville Beach does not address the issue. He pointed out that the St. Johns Water Management District addresses bodies of water with soil bottoms, such as ponds, not pools which have impervious bottoms. March 27, 2006 REGULAR COMMISSION MEETING Paee 9 Moved by Waters, seconded by Fletcher Votes: Aye: 4 -Borno, Fletcher, Waters, Wolfson Nay: 1-Simmons MOTION CARRIED D. Ordinance No. 95-06-91, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 95-06-91 by title only. Motion: To approve Ordinance No. 95-06-91 on first reading. Moved by Simmons, seconded by Borno Commissioner Borno asked for clarification of the Trespass After Warning procedures and the punishment for violation of the state law. Chief Thompson, Director of Public Safety, responded and answered questions relating to the types of violations and the punishments. Commissioner Fletcher pointed out that there is language in sections (a) and (b) providing for purging the juvenile's record of violation, but there is no mention of it in section (c). In order to be consistent, he asked that the ordinance be amended to include similar language in section (c). Motion: To amend the ordinance by adding the following statement to section (c), after "for one year.": "The iuvenile information will be purged after 90 days unless there are subsequent violations". Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To approve Ordinance No. 95-06-91, as amended. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Paee 10 Miscellaneous Business 8. Miscellaneous Business A. Request from General Sign Service Corporation on behalf of Pan Am Mini Storage for a waiver from the sign regulations to allow for the full face replacement on a nonconforming pylon sign located at 2383 Mayport Road (City Manager) Sonya Doerr, Director of Planning and Zoning, stated she would be happy to answer any questions. Mayor Wolfson asked the applicant to come forward to address the Commission. Randall Ginzig, owner of General Sign of Jacksonville and Beach Neon Sign of Atlantic Beach, stated he represents Terence Kane, owner of Pan Am Mini Storage at 2383 Mayport Road. He informed the Commission that the sign has been in that location since 1988, and that it is now considered anon-conforming sign due to the new sign regulations that were passed by the City three years ago. Mr. Ginzig reported that the sign has been damaged by gunshot holes and, as a result, is a potential safety hazard. He stated that his client was asking for a waiver from the sign regulations in Section 17-14 (3) which states that a nonconforming sign shall be made conforming when certain changes are made. Commissioner Borno inquired about the estimated remaining lifespan of the sign if it were still intact. Mr. Ginzig responded that the sign could last another ten years if it had not been damaged. He discussed the quality of the material being proposed for the replacement sign and indicated it is very costly, yet very resistant to damage. Commissioner Borno discussed the eight-foot maximum height requirement for a conforming sign and questioned if the sign would create a visual restriction for traffic if it was replaced at that height. Mr. Ginzig noted the sign is seven feet tall and thus would have to be set at ground level to conform to the height requirements. He indicated he would not advise a customer to put a sign up at that level due to the possibility of it being damaged. Commissioner Simmons asked about the time limit for existing signs to conform under the new regulations. Ms. Doerr reported that the ordinance was adopted in 2003 and that the amortization time period states that all signs have to be brought into compliance by September 2012. Commissioner Simmons questioned the extent of structural damage and asked why the owner would want to replace the sign now if he has to replace it again in six years in order to make it conform to the code. Terence Kane, 333 Pablo Road, Ponte Vedra Beach, introduced himself as the owner of the business and reviewed the pictures displaying the damage done to the sign. March 27, 2006 REGULAR COMMISSION MEETING Pase 11 Commissioner Simmons asked if the sign panels would be replaced exactly as they currently are, with no changes to the format. Mr. Kane stated he could make the new sign identical or with less lettering. Mayor Wolfson asked Mr. Kane if he understood that his sign would have to be replaced within six years in order to comply with the City Code. Mr. Kane acknowledged that he understood this. Commissioner Waters commented on a letter received from former Commissioner Beaver who had advocated adoption of the sign regulations. Commissioner Waters supported following the law and requiring the replacement sign to conform with the new sign code. He did not believe the Commission should set a precedent by granting the waiver. Mayor Wolfson and Commissioner Simmons expressed concerns regarding the different ways that vandalism could be used to force compliance or to avoid compliance with the sign ordinance. The Mayor asked Mr. Kane why he does not chose to invest in a replacement sign that conforms with the law at this time. Mr. Kane responded that his current sign is a major source of advertising for him and he has the funds to conform when required in six years. Motion: To approve a waiver from the sign regulations to allow for the full face replacement, on a nonconforming pylon sign located at 2383 Mayport Road for this owner only and only for the duration of the remaining six years and for duplication of the sign as is, with no changes. Moved by Borno, seconded by Simmons Votes: Aye: 3 -Borno, Simmons, Wolfson Nay: 2 -Fletcher, Waters MOTION CARRIED B. Approval of candidates for Board Member Review Committee (City Manager) City Manager Hanson presented the background information on this item. Commissioner Borno stated that he met with both of the candidates in order to discuss the intent and function of the committee. He strongly supported both appointees. Commissioner Fletcher echoed support for both individuals. Motion: To approve appointing Glen Fisher and Casey Quinif to the Board Member Review Committee. March 27, 2006 REGULAR COMMISSION MEETING Paee 12 Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Options to address nonconforming provisions related to residential structures made nonconforming by the proposed Residential Development Standards (City Manager) Sonya Doerr, Director of Planning and Zoning, explained that this item addresses existing structures that would become nonconforming if the newly proposed residential standards were adopted. She indicated that the draft presented would allow a structure, that was legal by the previous standards but made nonconforming by the new standards, to be rebuilt in its footprint in the event it is destroyed by a natural act. She pointed out that the language proposes that if the size of a residence is increased by more than 25°Io, that additional portion would be required to comply with the new standards. City Manager Hanson provided further clarification on the types of nonconforming issues and noted that this item was brought before the Commission in response to citizen concerns regarding rebuilding currently approved structures if the proposed ordinance for new residential standards were to be adopted. Commissioner Simmons discussed the complexity of the issue and suggested looking into revising the proposed requirements so that the new standards would not result in so many current structures becoming designated as nonconforming. There was discussion regarding what types of catastrophes qualify as natural acts that would allow for reconstruction of a nonconforming structure. It was the consensus of the Commission to allow staff to incorporate the proposed language into the process being addressed in the Community Character workshops. D. New Parks and Recreation Events. planned by Cultural Arts and Recreation Committee (City Manager) Timmy Johnson, Director of Parks and Recreation, commented on some of the events planned. Mayor Wolfson commended the Cultural Arts and Recreation Committee and expressed appreciation for their efforts in offering so much to the City. March 27, 2006 REGULAR COMMISSION MEETING Paee 13 E. Staff report on future land use designation for church property in connection with property for Hopkins Creek retention pond (City Manager) Rick Carper, Director of Public Works, presented information and photos relating to this item. He indicated that three-acres of this property was originally zoned High-density Residential but was inadvertently and incorrectly reclassified as Public/Semi-public land when the Comprehensive Plan map was re-drawn in 1993. Mr. Carper reported that the City's appraiser has advised that it would be difficult for the remaining one acre of High-density land to be developed if the City purchased two of those three acres. In order to avoid creating damages by purchasing those two acres for the Hopkins Creek project, staff recommended designating a matching two acre parcel of the remaining church property as High-density Residential in order to create a full three-acre High-density zoned parcel. City Manager Hanson added that staff recommends the Mayor sign a letter to the Sunrise Community Church committing the City to designating a matching two-acre parcel of the remaining church property to be High- density Residential if the church should want to sell it in the future. Sonya Doerr, Director of Planning and Zoning, emphasized that this is a Comprehensive Plan designation error, not a zoning issue. She informed the Commission that this requires an amendment to the Comp Plan's Future Land Use Map. There was further discussion regarding the zoning of the property surrounding the area. Mayor Wolfson inquired about Mr. Potter's strong opinion that the Hopkins Creek retention pond project is completely unnecessary. Mr. Carper responded that the flooding issue is not totally resolved and that he has provided the City Manager with a timeline documenting the flood problems. City Manager Hanson stated that the project's engineers have addressed Mr. Potter's points on several occasions at the Commission meetings. Commissioner Borno concurred that a lot of effort has been given to addressing Mr. Potter's questions and concerns and that the research supports proceeding with the retention pond project. Mr. Carper discussed the additional benefits the pond would contribute to the City complying with proposed TMDL guidelines. Motion: To authorize the Mayor to sign a letter to Sunrise Community Church committing the City to seek a Comprehensive Plan change to the Future Land Use Map to designate two acres of the property to High-density Residential, if at some future date the Church should pursue sale of the affected parcel. March 27, 2006 REGULAR COMMISSION MEETING Paee 14 Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Communication with citizens about community character project (Mayor Wolfson) Mayor Wolfson provided the Commissioners with a copy of a letter he wrote to the citizens of Atlantic Beach in order to clarify the history, status, and concerns regarding the community character initiative. This letter is attached and made part of this official record as Attachment A. City Manager 9. City Manager A. City Manager's Report Speeding on 20th Street Provided an update on a citizen's request to review the speeding on 20`'' Street and the possibility of putting speed bumps there. He noted that a traffic counter installed by the police department indicated there was not sufficient reason to install a traffic controlling device. However, he reported that a `Children Playing' sign will be posted on the street. Hazardous Waste Collection Day Reported that the Hazardous Waste Collection Day was held in the City Hall parking lot last Saturday. He indicated that the City set another record for attendance with 979 vehicles dropping off items. Reclaimed Water Ordinance Noted that Art Graham advised the City of this proposed ordinance being considered by Jacksonville requiring water customers to connect to any reclaimed water lines in their vicinity. The City Manager reported that there are no reclaimed water facilities anywhere near Atlantic Beach and the City would prefer not to be included in the ordinance. He stated, if needed in the future, the City could adopt its own ordinance. Volunteer work Commended Commissioner Borno on volunteering his time to help raise money for local charity by working at the Exchange Club's cheeseburger concession stand at the TPC last Saturday. March 27, 2006 REGULAR COMMISSION MEETING Paee 15 ReportslRequests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Borno • Asked that the City send an official letter to Jacksonville asking not to be included in the proposed reclaimed water ordinance. • Commended Rick Carper, Director of Public Works, for the Tree Conservation Board minutes and the rapport he has established with that Board. Commissioner Fletcher • Congratulated the Mayor on his letter to the citizens and the clarification it provided on the issue of the Community Character project. Informed the Commission that he and a group of individuals have an effort underway to continue educating the citizens of Atlantic Beach about protecting the character of the City. The Mayor commented that the tone of the communications regarding the issue has improved since his letter was published. He stressed the importance of citizens being involved in the process. Commissioner Waters • Discussed a letter from a citizen on 19th street requesting speed bumps on that road. He questioned if there was a problem with speeding in that area. Chief Thompson responded and indicated that the police department is already preparing to set up a traffic counter on 19th Street. • Brought up a letter received from Ms. Morgan regarding trash being piled up on her property on Beach Avenue. He asked that the City look into the situation and act on it if necessary. • Reported that Neptune Beach has backed out of pursuing the beach's welcome sign. • Noted that a group of citizens has raised half the money needed to put a clock at Five Points Intersection. He indicated that the City typically will match grants when half of the funds have been raised by private groups. He asked if any of the Commissioners would be willing to reconsider their vote on the issue. It was agreed to place the item on the agenda for discussion at the next Commission meeting. Mayor Wolfson • Received a letter through the City Manager from John Meserve asking for a contribution from the City to assist with the March 27 2006 REGULAR COMMISSION MEETING Page 16 commissioning of the USS Farragut. He asked that the Commission be given a copy of the letter so it can be discussed at the next meeting. • Reminded staff that at the last meeting, the Commission had asked them to provide a proposal on the responsibility for subdividing lots. City Manager Hanson understood that the item would be brought back to the Commission after going before the Community Development Board again. • Announced that the Florida League of Cities' Florida League of Mayors convenes tomorrow. He stated that he, Commissioner Waters, and the City Manager will be attending and will report on it at the next meeting. • Thanked the staff and Commission for their efforts and endurance in going through the process for all the changes being proposed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:35p.m. a~~ ~.J~J Donald M. Wolfson, Mayor/Pr 'ding Officer ATTEST: d~Z~- Donna L. Bussey City Clerk ~~~. t.~'v Y,i= '> ' ~ ``, ~! ~~ ~,'~ ; i .~' OFFICE OF THE MAYOR DONALD M. WOLFSON MAYO R March 27, 2006 To The Citizens of Atlantic Beach: ATTACHMENT A MARCH 27, 2006 COMMISSION MTG 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 1 want to thank those citizens who have involved themselves in the process of addressing community character concerns that have been raised over the past five years. Recently, interest in this effort. has been elevated to Levels that are very, very positive for the result of this initiative to be most successful. This letter serves as an opportunity to briefly explain the history of this effort, to clarify the state of this initiative and to address some of the misunderstandings that have been communicated to our citizens. History: In April of 2003, a community character initiative was discussed at a publicly held strategic planning meeting conducted by then Mayor John Meserve, former commissioners Rick Beaver and Paul Parsons, Commissioner Simmons and Commissioner Waters. This initiative methodically worked its way through the prioritization process and became the top priority for our community as determined by this former commission at the April, 2005, strategic planning meeting. A search was conducted and the consulting firm of Nore Winter and Company was retained to assist the citizens, the Commission, and the staff with this effort. Citizen input was gathered at two publicly held workshops in June 2005. Meetings were held with architects, builders, community groups, and others to gather additional information. Further citizen input was collected at two publicly held workshops in November 2005, conducted by the newly seated Commission under the original contract. In December, due to significant staff overload, it was requested that the original contract be extended for the purpose of drafting a proposed ordinance. The first draft was presented to the Commission and to the public at two public hearings held February 28 and March 1, 2006. State of the Initiative • As of this writing, the draft of the proposed ordinance is merely that. The Commission is in afact-gathering mode. The increase of interest in this initiative is most important to the ongoing process. All options regarding this initiative are open for discussion and consideration. No votes have been taken nor has an ordinance been drafted in a form that is ready for further action. Atlantic Beach is a wonderful place to live. A lot of people would like to move here and that desirability has caused for rapidly increasing property values in recent years. In turn, there has been quite a bit of investment pouring in for the construction of new and remodeled homes. For the most part, this is making our city better every day. However, concerns have been raised about a number of the new projects being so huge that they overwhelm the surrounding neighborhood. Few residents want to look out their kitchen window Cirv: (904) 247-5809 Fax: (904) 247-5846 WORK: (904) 371-3210 Fax: (904) 371-321 I at a 35 foot wall as close as 5 feet from their property line, but that is allowable under the current city code. Few would disagree that some additional control is needed, but where the right balance between individual property rights and those rights of their neighbors is the subject of considerable public debate. Many communities across the country face the same issues, and looking at how they handle these similar concerns offers a variety of possible solutions. Most of these involve changing the zoning codes. While zoning is often complicated, the implications are critical. Misunderstandings and/or misrepresentations: • The draft ordinance that is circulating is a first draft; • No final decisions have been made; • No Commission vote is imminent; • "If it isn't broke, don't fix it-" completely disregazds the concerns of those residents who have raised the concerns that initially led to the launch of this initiative almost two years ago; • Macro economic factors, i.e. interest rate fluctuations, upward spiraling costs of raw materials, real estate supply and demand factors, etc. are well beyond the control of the Commission and will certainly have a far greater impact upon property values throughout our community than the "threatened adverse" impact of carefully crafted zoning revisions; • .Baseless accusations against the new Commission through irdlammatory and hysterical rhetoric are divisive, counterproductive, and contrary to the due process that is consistent with extensive, responsible land development regulation reviews. It is not yet time to make final decisions on many of these issues and your input is welcome throughout this process. Future opportunities for input will include more workshops. The next will be at 6:00 pm on April 11~' in the City Commission Chambers. Your e-mails and letters are also welcomed. When your thoughts are put in writing, it is easier to pass them on to other members of the city commission. The City Commissioners will be glad to discuss the issues with you in person or over the phone. There are also several ways to learn about the concepts that are being discussed. The current report from our consultant has been posted on the city's website: coab.us. If you don't have Internet availability, you can pick up a copy at City Hall. You can also call any of the city staff members or the city commission. Citizen involvement is the cornerstone of democracy in our country. Learning about facts, rather than responding to rumors, regarding the issues that affect your community and voicing your opinion are important in keeping Atlantic Beach such a wonderful place to live and work. Sincerely, ~~~ ~~. Donald M. Wolfson