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04-10-06MINUTES REGULAR CITY COMMISSION MEETING April 10, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Borno, was followed by the Pledge of Allegiance to the Flag. The Mayor recognized City Councilman Art Graham in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on March 27, 2006. Commissioner Simmons asked that the minutes be amended on page 11 to indicate that the Commission specified that the replacement sign must be identical to the current sign. Motion: Approve the minutes of the Regular Commission Meeting on March 27, 2006 as amended. Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson reminded everyone of the Community Character workshop being held the following evening at 6:00 p.m. at the Sea Turtle Inn. He encouraged anyone wishing to speak on items concerning Community Character to attend the workshop tomorrow night. Courtesy of the Floor 2. Courtesy of the Floor to Visitors Jim Smith, 1958 Beachside Court, stated his opposition to the impervious pool ordinance. He asked the Commission to delay voting on this item in order to allow further study of other possible solutions. Apri110, 2006 REGULAR COMMISSION MEETING Paee 2 Mayor Wolfson noted that there will be public hearings held for a number of the agenda items that evening. He indicated that anyone wishing to address those items would have an opportunity to speak at that time. Adelaide Kirkpatrick, 1242 Beach Avenue, stated her opposition to the City's recommendation to remove her sidewalk rather than to repair it. She emphasized how much the sidewalk is used and noted that the sidewalk connects to other sidewalks. She believed it unreasonable to force people to walk in the streets. She also mentioned that there is a tree blocking drivers' view of traffic at the Five Points Intersection. David Rouleau, 982 Ocean Boulevard, discussed the manner in which the Commission votes on motions. He stated it is confusing that a vote against a motion is signified by saying Aye. He asked for the Chair to clearly announce the results of each vote. Bob Parrish, 1731 Beach Avenue, reiterated his opposition to the proposed ordinance regarding residential design standards and summarized discussions from the Commission's workshop that evening. He provided his view of each Commissioner's stance regarding the proposed residential development standards. He discussed his review of the city files pertaining to the Community Character issue. Pat Pillmore, 995 Camelia Street, agreed with Ms. Kirkpatrick's concern that a tree at the Plaza Road and Seminole intersection of the five-way stop blocks the view of drivers. She believed the stop sign location should be adjusted for safety reasons. She mentioned the activities of the Mayport Waterfront Partnership and the involvement of former mayor John Meserve. She implored the Commission to listen to the needs and suggestions of the citizens on the west side of Mayport Road. Mayor Wolfson congratulated Drew Dixon, journalist for Beaches Shorelines, on the birth of his second daughter. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson indicated there is still a question over whether the covenants and restrictions of the Selva Marina Units are still applicable. He reported that City Attorney Jensen issued an opinion on the matter and distributed it to the Commission. The City Manager stated this item will be addressed during discussion of Agenda Item 7A. He provided a status update on the possible removal of the sidewalk on Beach Avenue. In response to the City asking the block's residents for their opinions, it was determined that three of the four residents would like the sidewalk removed. Apri110, 2006 REGULAR COMMISSION MEETING Page 3 The City Manager stated that the City has been working for years on establishing public access to the Post Office from Plaza Road. He reported that the City was finally able to determine a funding source to cover the costs incurred by the Post Office. He was happy to report that public access to the post office off of Plaza Road should be open in about two months. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report and New Occupational Licenses issued in March (City Manager) B. Authorize rejecting the submitted bid for the Resurfacing of Five Tennis Courts (Bid No. 0506-9) and rebidding the project with modifications to the bid package to add sportmaster material as an equal, similar to the City of Jacksonville as recommended by staff (City Manager) C. Extend the contract for pest control of city facilities for one additional year to Tru-Green/Chemlawn at the contract price of $13,492 (Bid No. 0405-9) (City Manager) D. Extend the annual contract for electrical motor and pump repairs for one additional year to Industrial Equipment Services, Inc. at the current contract prices (Bid No. 0304-13) (City Manager) E. Extend the current annual contract with American Landcare for Trimming Palm Trees for another year at the current prices: Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $ 15.00 each and Medjool (Date) Palm Trees $20.00 each. (Bid No. 0304-14) (City Manager) F. Authorize City Manager to execute a construction services agreement with Builders Care to proceed with Housing Rehabilitation for repairs to 402 Skate Road, 631 Amberjack Lane, 91 Ardella Road and 36 Jackson Road in accordance with the FY 2005-06 CDBG contract, and approve waiver of the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within the report (City Manager) ~ Acknowledge the Emergency Repair of Air Main at Wastewater Plant #1 (City Manager) Mayor Wolfson asked the Commission if they would like to pull any items off the Consent Agenda for discussion. Commissioner Waters requested that Item 4F be pulled. Motion: Approve Consent Agenda Items A-E & G as presented. April 10, 2006 REGULAR COMMISSION MEETING Paee 4 Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Waters asked if the City recoups the money invested in rehabilitating a house if it is sold. City Manager Hanson and Community Development Director Sonya Doerr answered his questions and explained some of the procedures regarding Builder's Care's scope of work and permit fees. Motion: To accent Consent AEenda Item 4F as presented. Moved by Waters, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-191, Introduction and Public Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE- FAMILY (RS-1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS-L) CONSISTENT WITH SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-06-189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE-FAMILY- LARGE LOT (RS-L) ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only and opened the floor to a public hearing. He asked Sonya Doerr, Director of Planning and Zoning, to present an overview of the ordinance. She explained that the Commission recently established the new RS-L zoning district and now the continuation April 10.2006 REGULAR COMMISSION MEETING Paee 5 of that process is to place the zone on the map. She displayed a map of the area proposed to be rezoned as RS-L. She emphasized that the rezoning would not affect any existing lot of record, but that any new lot established in this area must meet the new zoning requirements and be 100 by 100 feet. She reported that this item was heard at the previous Community Development Board meeting and that they recommended approval subject to proper consideration being given to the purpose of the City code as it relates to the impact of this new district on property values and the responsibilities of protecting and improving the general welfare of the public as listed in Section 24-2. Leonard Cawrse 1756 Live Oak Lane, called the Commission's attention to page three of Ordinance 90-06-189, which reads that existing legally established lots of record which do not meet the requirements in the new ordinance may be developed in accordance with the Land Development Regulations. He indicated that he and several other property owners have been given permission by the City to divide their properties into two separate lots. Mr. Cawrse consulted with two attorneys, and was told that he has a legally established lot of record and may divide his property if he decides to do so in the future. However, he also indicated that the deed restrictions are still in place and therefore he could not divide his property unless his neighbors agreed to it. Mr. Cawrse stated that, based on the fact that Selva Marina Units 4-12 have deed restrictions already in place the rezoning ordinance is unnecessary and this research should have been done beforehand. He reiterated his opposition to the RS-L zoning. Dee Reiter, 1798 Selva Marina Drive, fully supported the rezoning and expressed her love for large lots in Atlantic Beach. She reported that she had spoken with City Attorney Jensen regarding the issue. She believed that if the area is not rezoned then most of the lots in Selva Marina could be subdivided under the current City code. She pointed out that currently, the only way to enforce the covenants and restrictions is to sue your neighbor and she did not believe that to be a good solution. She spoke in favor of the City to rezone the area in order to preserve the nature of the neighborhood and maintain the large lot sizes. The Mayor closed the public hearing. Mayor Wolfson asked City Attorney Jensen to share his opinion regarding the covenants and restrictions of Selva Marina. Mr. Jensen responded that he could not give a legal opinion on the applicability of any covenants or restrictions for any specific lots or units because it is a matter of private enforcement. He reported that it may differ from unit to unit and from lot to lot as to whether the covenants, deeds, or restrictions are expired or still enforceable. He discussed Florida Legislature's Marketable Record Title Act as it relates to the properties in Selva Marina. He also recounted an Attorney General's opinion that covenants and restrictions can not be made to apply in perpetuity by automatic renewal. Auril 10, 2006 REGULAR COMMISSION MEETING Page 6 Mayor Wolfson asked for clarification and discussed the automatic renewal provisions of the covenants and homeowner associations of the different units within Selva Marina. Mayor Wolfson commented on the Community Development Board meeting and noted that the only citizen who spoke at the meeting was Mr. George Bull and he stated that the rezoning was unnecessary because the covenants and restrictions were still in effect in certain units. Mr. Wolfson pointed out that Mr. Bull's statement was in conflict with Mr. Jensen's findings. Commissioner Waters believed the Commission should chose to operate on protecting the intent of the original development and not allow subdivision of the lots. Commissioner Borno expressed concern with Mr. Cawrse's statement and asked for more information regarding implications of the letter allowing him to subdivide his property. City Attorney Jensen explained that if he has already been granted administrative approval to subdivide his property, then he has vested rights to do so. Ms. Doerr announced that there were eight administrative divisions approved prior to the moratorium. She confirmed that those approvals are still valid and are now lots of record. Commissioner Borno asked how many total lots are within the proposed area for rezoning. He was informed there are approximately 270 total lots. Ms. Doerr added that, pending approval of the first reading, the City will send individual mail notices to all the property owners. Motion: To approve Ordinance No. 90-06-191 on first reading. Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 90-06-190, Public Hearing and Final 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 and opened the floor to a public hearing. April 10, 2006 REGULAR COMMISSION MEETING Page 7 Robert Gray, 350 Sixth Street, stated his opposition to the ordinance as presented. He provided examples of how it has affected him and his properties on Sixth Street. He believed his situations to be common examples regarding onsite retention and lot coverage. He mentioned how other areas address the pervious/impervious issue of pools and stated that he has never seen a pool overflow. Dee Reiter, 1798 Selva Marina Drive, discussed the fact that her pool has never overflown, even during heavy rains which flooded the 17`h fairway on the Selva Marina golf course. She stated that her pool can hold a lot of storm water. There were no further comments and the Mayor closed the public hearing. Motion: To annrove Ordinance No. 90-06-190 on final reading. Moved by Waters, seconded by Fletcher Commissioner Waters discussed instances of the worst storms and rains and the amount of flooding that occurred in the City. He discussed the major concerns regarding 10 and 25 year storms. He stressed that any surface that does not allow percolation is impervious by definition. Commissioner Waters recounted that the City has spent a lot of money to put in a large storm water system that people could live with without destroying the neighborhood. He noted that flooding is a problem on a flat island such as Atlantic Beach. Commissioner Fletcher asked Rick Carper, Director of Public Works, a number of questions regarding the reasons for considering pools as pervious or impervious. Mr. Carper reported that in the Old Atlantic Beach area, storm water pipes were sized to handle the mean annual storm and the engineer of the system has stated that any increase in impervious surfaces in that area will increase the storm runoff. Commissioner Fletcher summarized that the intent of the ordinance deals with storm water runoff and the ability to prevent the City from flooding. Mr. Carper discussed the 25 and 10 year storms. Commissioner Fletcher confirmed with Mr. Carper that the 60/40 ratio of pervious/impervious pool surface was based upon the 9/6 inch ratio of the amount of storm water from a 25 year storm versus a pool's storm water capacity. He summarized that the City is counting on a pool to retain 6 inches of storm water. Commissioner Borno suggested ways to create onsite storage through landscaping property. He believed the ordinance is a good compromise and supported it due to the situation with the City's storm water system. Commissioner Simmons suggested requiring pools to have a 9.3 inch freeboard, rather than only 6 inches, in order to retain the average amount of water from a 25 year storm. She encouraged changing the required standard in order to allow people to build pools at their residences. Anri110.2006 REGULAR COMMISSION MEETING Paae 8 Mayor Wolfson referred citizens to a document summarizing the City's storm water system capacity and regulations and discussed the information presented. The summary is attached and made part of this official record as Attachment A. He read excerpts from the document, emphasizing that the City's storm water system has reached capacity and that every additional amount of impervious surface in Old Atlantic Beach will increase the flooding in surrounding homes. The Mayor also relayed information from a conversation he had with Robin Harrell, a compliance manager at the St. Johns River Water Management District. According to Mayor Wolfson, Mr. Harrell stated that the City of Atlantic Beach is unique and must carefully address the storm water runoff with future drainage. He advised not to compromise the storm water system by allowing small increases in impervious surface area, due to their collective adverse impact. The Mayor quoted Mr. Harrell as stating that pools are impervious structures and should be calculated as such. Mayor Wolfson suggested the option of granting waivers with a significant impact fee imposed for individuals who wish to install pools. He believed the impact fees could be put towards funding future storm water improvements. He believed that only a minority of citizens want pools in their yards, but the impact on the entire infrastructure affects all citizens. Commissioner Fletcher commented on how significant the impact fee would need to be in order to offset the cost of improving the system. He asked Mr. Carper about the feasibility of creating pools with 9.3 inch freeboards. Mr. Carper suggested more research would be needed in order to determine the specifics associated with that. City Manager Hanson believed it unreasonable to ask City staff to regulate and enforce the amount of freeboard on every pool. Motion: To table Ordinance No. 90-06-190 in order to continue researching the issue. Moved by Simmons, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 1 -Waters MOTION CARRIED C. Ordinance No. 5-06-46, Public Hearing and Final 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 April 10, 2006 REGULAR COMMISSION MEETING Page 9 HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only and opened the floor to a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Borno still believed that the ordinance should impose the time limit to members appointed to a_y board, not only to the same board after being termed out. Motion: To approve Ordinance No. 5-06-46 on final reading. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Ordinance No. 95-06-90, Public Hearing and Final 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 The Mayor read the Ordinance by title only and opened the floor to a public hearing. Jim Smith, 1958 Beachside Court, asked for clarification on what types of dogs are considered dangerous dogs. City Attorney Jensen responded that the ordinance applies to animals that have been classified as dangerous by the Animal Control department. There were no further comments from the public and the Mayor closed the public hearing. Motion: To approve Ordinance No. 95-06-90 on final reading. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED April 10, 2006 REGULAR COMMISSION MEETING Page 10 E. Ordinance No. 95-06-91, Public Hearing and Final 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 The Mayor read the ordinance by title only and opened the floor to a public hearing. No one spoke and the Mayor closed the hearing. Motion: To approve Ordinance No. 95-06-91 on final reading. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Ordinance No. 58-06-31, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE The Mayor read the ordinance by title only. Commissioner Borno pointed out that this ordinance applies to general employees. Motion: To approve Ordinance No. 58-06-31 on first reading. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED G. Ordinance No. 20-06-76, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 The Mayor read the ordinance by title only. Motion: To approve Ordinance No. 20-06-76 on first reading. Anri110, 2006 REGULAR COMMISSION MEETING Page 11 Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from Tropic Heating and Air, Inc. for aUse-by- Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at afully-developed site located at 750 Mayport Road (the former Bonafide Pools -Bob's Palm Trees site.) (City Manager) Sonya Doerr, Director of Planning and Zoning, reported that the Community Development Board recommended approval of the Use-by- Exception, subject to compliance with the conditions stated in the staff report. She stated that the CD Board addressed the landscaping of this site and asked that the owner comply with Chapter 177 of the landscape regulations by working with the CD Director to address these provisions. She distributed a diagram of the proposed landscaping plan that had been agreed upon between the owner and herself. The diagram is attached and made part of this official record as Attachment B. James Jackson, 4560 Glen Kernan Parkway East, Jacksonville, introduced himself as representing Charles Marks, the owner of Tropic Heating and Air. He pointed out that the site is fully developed and there will be no planned changes except for landscaping enhancements. Mr. Jackson reviewed the background summary of the request and the diagram of the proposed landscaping plan for the site. He reviewed Exhibit A of the application and mentioned that the business will have a beneficial impact to the site. Among other things, he reiterated that there will be no manufacturing, assembly, outside storage or significant parking at the site. In closing, Mr. Jackson stated that the business will present a clean office park appearance that will promote property value in the area. He informed the Commission that the business owner, Charlie Marks, was at the meeting to answer any questions. Mayor Wolfson opened the floor to a public hearing. Jon Lyon, 1837 Sea Oats Drive, urged the Commission to approve the request for the Use-by-Exception. He indicated that the owner runs a good business and he believed it will be an improvement to the City. No one else spoke and the Mayor closed the public hearing. Anri110, 2006 REGULAR COMMISSION MEETING Page 12 Motion: To approve aUse-bv-Exception (UBE-2002-06) to allow a heating and air conditioning contractor to be located within the Commercial General Zoning District at 750 Mayport Road with the following conditions noted: 1) no outside storage of equipment or materials; no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. 2) no more than one business vehicle parked outside on a continuous basis, and 3) compliance with Landscaping regulations as shown in the attached landscape improvement survey. Mayor Wolfson corrected the Community Development Board's recommended third bullet by stating that the City can not require that the applicant comply with Section 24-177. City Attorny Jensen further clarified that Section 24-177 applies to new construction and that, due to the lot being fully developed, it is not physically possible for the applicant to comply with those regulations. Commissioner Borno asked if the applicant intended to store materials in the enclosed carport. The owner confirmed this. Commissioner Waters asked for further explanation of why the applicant can not be required to comply with the regulations in Section 24-177. City Attorney Jensen responded that the City can not legally impose this requirement on the applicant due to the fact that they have a fully developed site. He reiterated that the condition asked the owner to meet with Ms. Doerr in order to agree upon a suitable landscape design. Commissioner Waters expressed appreciation for the fact that the site already has a better appearance. Commissioner Fletcher questioned if granting this request would be appropriate with the City's attempts to clean up Mayport Road. He asked the applicant why he was moving from 1651 Mayport Road to 750 Mayport Road. Mr. Marks stated that he was previously leasing space and now has the opportunity to purchase property which is a larger space. He indicated his desire to allow his business to grow at the new location. Commissioner Fletcher expressed concern with the business becoming as large an operation as Ocean State has become. The applicant assured the Commission it would not. Ms. Doerr reiterated that the existing Code allows one truck to be parked outdoors overnight. Commissioner Waters questioned if the signage meets the current standards. Ms. Doerr explained that it is nonconforming with respect to its height and the owner is allowed to repaint the face but can not change out the face or make any changes that require sign permitting without also complying with the new sign regulations. April 10, 2006 REGULAR COMMISSION MEETING Paee 13 Commissioner Borno emphasized to the applicant that he will have to comply with the requirements of the new sign code in six years. Mr. Marks indicated he understood. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Proposed Ordinance to require the standardization of newspaper racks in certain areas, to provide for the sharing of cost between users, limiting the City's liability and requiring maintenance (City Manager) City Manager Hanson presented the background on this item and indicated that Steve Fouraker, from The Beaches Leader, suggested the City adopt an ordinance requiring vendors to use a modular unit news rack system at Town Center. He indicated that the ordinance would require the users of the system to help cover cost and maintenance of the racks. The City Manager recommended that if the Commission wished to proceed with this option, they should review similar ordinances from other cities, arrange for a presentation from a vendor, and solicit input from other newspaper providers. He asked Mr. Fouraker if he wished to address the Commission. Steve Fouraker, of The Beaches Leader, suggested that, in addition to Town Center, the new mailbox location at 16~' Street might also be a good area for the modular racks. He expressed the company's preference to sell newspapers in the less expensive individual racks, but understood the City's desire for uniform presentation in certain areas. He cautioned against creating acity-wide ordinance establishing zones and reminded the City of the First Amendment protecting their right to display newspapers on public properties. He recommended targeting certain areas for the modular racks, such as Town Center, 16`h Street, and City Hall. He advised the Commission that his company would be skeptical of any proposal that would cost them more money or that would raise concern about their First Amendment rights. However, he acknowledged that they would like to work with the City to help create locations with a uniform and aesthetic appearance. Commissioner Waters spoke highly of the way that Winter Park handled their newspaper situation and indicated he would distribute pictures of their news racks. Commissioner Borno was in favor of trying a news rack at Town Center first and then evaluating the results to see if it could be implemented elsewhere. April 10, 2006 REGULAR COMMISSION MEETING Paee 14 Mayor Wolfson mentioned they might not be able to accommodate all other publications willing to buy into the idea and expressed concern that this would go against the First Amendment rights of those vendors. Mr. Fouraker discussed various ways to work with other publications in order to craft the best solution for each location. Commissioner Fletcher commended Mr. Fouraker for his assistance. It was the consensus of the Commission to direct staff to pursue the idea of a modular news rack unit for Town Center and possibly for 16th street as well. C. Request from Friends of Atlantic Beach Elementary for additional funding for the Track Construction Project and for authorization to sign a Memorandum of Understanding with the Duval County School Board City Manager Hanson reviewed the background information as presented in his staff report. He summarized that the Friends of Atlantic Beach are requesting an additional $25,000 from the City for the track project and reminded the commissioners that the City has already committed $10,000 to be put towards alandscaping/parking project on the school property. He noted that representatives from FABE were in attendance that evening and they introduced themselves as follows: Jill Jackson, John Fletcher, Kelly Elmore, and Laurie Melancon. Jill Jackson brought the Commission up to date on the status of the track project. Ms. Melancon distributed financial information and pictures of the project to the Commission. These documents are attached and made part of this official record as Attachment C. Ms. Jackson also notified the Commission that the school board removed the playground equipment due to safety reasons but would not assist in replacing the equipment. She stated that FABE has collected funds for new playground equipment and would like to proceed with the project simultaneously with the track project in order to save expenses. However, Ms. Jackson pointed out that their original anticipated costs have increased and, in order to meet this goal, they need an additional $35,000 from funding sources. She indicated that City of Jacksonville agreed to provide $10,000 of that amount. She asked the City of Atlantic Beach to consider contributing the additional $25,000, and noted that FABE will raise the other $50,000 needed. She emphasized that the track and playground would be a great facility for the entire community to use after school hours and on weekends. Laurie Melancon gave more details regarding the landscaping and parking issue. She indicated that safety concerns required them to relocate the parking inside the fence. She discussed some of the options and showed their proposed plan. Ms. Melancon communicated their frustration that the school board would not assist with the parking lot because they consider it a Apri110, 2006 REGULAR COMMISSION MEETING Paee 15 type of infrastructure. She asked the City for its support in working with FABE and the school board in order to present the correct perspective regarding the project. Commissioner Borno provided suggestions for the surface of the parking area. Commissioner Fletcher strongly supported the project and the Friends of Atlantic Beach Elementary. Commissioner Simmons expressed hesitation at committing more money to the project without having the necessary budget knowledge to know the financial impacts on other projects. She expressed the need for further research into the budget before allotting that amount of money. John Fletcher, Vice President of FABE, indicated that delaying the project will increase their costs. Mayor Wolfson clarified that the City of Atlantic Beach has already committed a total of $35,000, comprised of $25,000 for the track and $10,000 for the landscaping and parking lot. Ms. Melancon informed the Commission that the parking issue will not be resolved until the next budget year in October and asked the City to consider moving the $10,000 allotted for parking over to the current track project. She indicated that the school board would not assist with installing new playground equipment. Mayor Wolfson discussed the funding sources while noting the desire to support this project. He asked Councilman Art Graham in the audience, if the City of Jacksonville would consider contributing an additional $5,000 as part of the $25,000 increase in funds being asked for by FABE. Councilman Graham agreed. Commissioner Fletcher strongly advocated supporting FABE's project in order to benefit the children in the community. Motion: To ask staff to determine this week how much of the requested $25,000 could be provided by the City. Moved by Waters, seconded by Fletcher City Manager Hanson pointed out that staff could provide a report this week, but it would not be until the next meeting in two weeks that the Commission could vote on the first reading of the budget amendment. Commissioner Waters withdrew his motion and Commissioner Fletcher withdrew his second. Apri110, 2006 REGULAR COMMISSION MEETING Page 16 Motion: To give Friends of Atlantic Beach Elementary the additional $25,000 needed to finish this project. Moved by Waters, seconded by Fletcher The Mayor inquired what the funding source would be. Commissioner Waters suggested the General Fund balance. Mayor Wolfson pointed out that if the City transferred the $10,000 previously allocated for the parking project to the track project and if the City of Jacksonville provides an additional $5000, then the elementary school would only need an additional $10,000 to finish the project. Commissioner Waters withdrew his motion and Commissioner Fletcher withdrew his second. Motion: To take the $10,000 committed for the school's parking project and add $10,000 from the City's General Fund in order to commit $20,000 total to finishing the track at the Atlantic Beach elementary school. Moved by Waters, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To authorize the City Manager to sign the Joint Use Agreement with the school system. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Request for funds for USS Farragut Commissioning (City Manager) City Manager Hanson reviewed the request from former mayor John Meserve for the City to contribute funds for the commissioning of the USS Farragut. Motion: To contribute $1000 to the commissioning of the USS Farragut. Moved by Borno, seconded by Waters Apri110, 2006 REGULAR COMMISSION MEETING Page 17 City Attorney Alan Jensen made the Commission aware of the City ordinance that prohibits contributions of city funds to charitable or nonprofit organizations. He explained that the code allows contributions to artistic, recreational, or cultural programs, or to purposes that benefit all the citizens of Atlantic Beach. Commissioner Borno noted the large number of city residents who are military or retired military. He believed it would be an act of civic support and would behoove the City to support our military. Commissioner Fletcher spoke against the motion. He believed it would go against city ordinance. Commissioner Waters expressed strong support of the motion, claiming that it is in the City's best interest to support and maintain a working relationship with its large neighboring military community. The City Attorney clarified that he was not suggesting that this is in violation of City code. He was advising the Commission to be aware of the ordinance and to determine if the funding would benefit the citizens of Atlantic Beach. Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED E. Discussion on possibility of providing matching funds for a clock to be placed at the Five Point Intersection (Mayor Pro Tem Waters) Commissioner Waters indicated that citizens have raised more than half the money needed to put a clock at the Five Points Intersection. Motion: To agree to pav the remaining funds, less than half of the total amount needed, for the clock to be purchased and installed at the Five Points intersection. Moved by Waters, seconded by Borno There was discussion regarding how much money had been raised and what the total amount would be for the project. Commissioner Waters withdrew his motion. It was the consensus of the Commission to postpone action on the item for two weeks and review the project's status at that time. Agri110, 2006 REGULAR COMMISSION MEETING Page 18 City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment D. The subject addressed in his report was: Alleged violations of wastewater treatment standards at City of Atlantic Beach plants. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Com missioner Borno • Commended the City's wastewater treatment plant staff for catching the errors in the DEP report. • Mentioned a request received by the City to support Jacksonville Beach in its JTA bus application. He asked that the item be considered at the next meeting. • Noted that the Water Watch received in the mail has good information in it. He asked that it be condensed and included in the next City newsletter. • Asked that the Commission receive a copy of the slide presentation used for Mr. Winter's presentation that evening. •o• Apologized in advance that he will be late for the workshop tomorrow due to a conflicting engagement. Commissioner Simmons •~• Discussed concerns that currently the code does not allow for nonconforming structures to be grandfathered in and rebuilt if destroyed. She believed that a lot of nonconforming aspects of the City are part of the character of the beach community. She asked that the Commission look at the need to grandfather in some of those structures. Commissioner Fletcher • Expressed his willingness to compromise in some areas of the Community Character project. He indicated willingness to recede the efforts to the Core City area and to compromise on the FAR percentage, but does not want to abandon the FAR entirely. Commissioner Waters • Reiterated that he will distribute pictures of the Winter Park news racks to the Commissioners for their review. • Discussed the sandspur situation at the retention pond at Tideviews. Asked that the City apply weed and feed in that area. Apri110, 2006 REGULAR COMMISSION MEETING Pase 19 :• Inquired if City offices would be closed for Good Friday or Easter Monday. City Manager Hanson informed him that City offices would be open. • Agreed with comments that the stop sign on Plaza at the Five Point intersection needs to be moved further into the intersection in order to provide a clearer view of traffic. • Believed more time needs to be spent with Nore Winter. • Requested that staff prepare a report on the total amount of money that the City spends on Atlantic Beach schools. He wanted the Commission to see how supportive the City is of the various school programs. • Asked that staff look into the condition of David Avenue, a closed street next to the school. • Appreciated the Mayor acquiring a substantial comment from the St. Johns River Water Management District to help clarify the misinterpretations regarding the impervious nature of pools. Mayor Wolfson • Presented a report of his trip to Tallahassee. Stated that the beach cities received very positive responses from Senator King and Representative Davis. He noted that they addressed the following community concerns: eminent domain, money for wetlands acquisition, TMDL impacts, cable TV and video service franchise, property tax transfers, homestead exemptions, disability insurance to firefighters, and affordable housing concerns. • Announced the formation of a new organization, the Florida League of Mayors, and the significance of having dialogue with other mayors in order to face issues collectively • Discussed Jacksonville Day hosted by Jacksonville Chamber of Commerce. Noted it was well attended and thanked Commissioner Waters for encouraging him to go. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:17 p.m. Donald M. Wolfson, Mayor/Pr 'ding Officer ATTESTa ~~ Donna L. Bussey City Clerk ATTACHMENT A APRIL 10, 2006 COMMISSION MTG Capacity of City of Atlantic Beach Storm Water System and Related Storm Water Regulations April 5, 2006 There is no excess capacity in the City of Atlantic Beach storm water system. In recent years, engineers working for Atlantic Beach have designed storm water improvements to prevent street flooding during most major storms and flooding of homes during a 25 year storm. This means a rainfall event that will occur on average once every 25 years. In Atlantic Beach, that would equal 9.3 inches of rain over a 24 hour period. It has been many years since a storm of that magnitude has been seen here. The city recently spent over $9,000,000 in the old Atlantic Beach area making storm water and other utility improvements. The final plan for these improvements was identified only after two previous designs were rejected by the public because of their environmental impacts. Those plans would have included converting major portions of two parks into retention ponds, the construction of lazge storm water lines and pumping systems and the removal of many street side trees. Atlantic Beach is basically flat and getting storm water to move rapidly out of residential neighborhoods is difficult. Every additional square foot of impervious surface that is added in old Atlantic Beach will increase the level of flooding in surrounding homes. For this reason, in 2001 the Mayor and Commission adopted a 50% limit on the amount of impervious surface on any given lot and in 2003 adopted regulations requiring the on-site retention of additional storm water runoff resulting from development. In spite of these regulations, the total impervious surface in Atlantic Beach will grow in the future because most of the present lots have less than 50% impervious area, and they can legally expand under current regulations. The purpose of the current regulations is to slow the increase of storm water into the city's system and thereby push the need for additional and more invasive storm water solutions as faz into the future as possible. .~ Other areas of Atlantic Beach face the same problems. Some of those, like the azea around Aquatic Drive and Hopkins Creek, experience considerable flooding during major rainfall events and will certainly experience house flooding during a 25 year storm. Planni~ig is unlerway for improvements in those azeas. In other neighborhoods such as Oceanwalk, little or no flooding has been apparent even in the worst of storms. However, as the lots in Atlantic Beach aze redeveloped with larger homes, bigger driveways, new swimming pools and other impervious surfaces, more storm water will be put into the drainage systems which inevitably will cause future flooding and the need for additional capital projects to bring that flooding under control. Just because most of the city drainage system works now doesn't mean that we can be careless in the design of new developn~eiit. For additional information on the status of the city's storm water system, consult the Atlantic Beach Storm Water Master Plan dated February 1995 and the Master Plan Update dated August, 2002. Both aze available in City Hall. ATTACHMENT B N1AP SHUWI111G BOUNDARY SURV APRIL 10, 2006 COMMISSION MTG LOTS I AND 2, LESS AND EXCEPT THAT PART LYING WITHIN THE RIGHT-OF-WAY OF MAYPORT ROAD (STATE ROAD A-1-A) AS WIDENED TO A 100.00 FOOT .RIGHT-OF-WAY, BLOCK 36, ATLANTIC BEACH SEC710N "H" AS RECORDED IN PLAT BOOK 18, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DWAL COUNT', FLORIDA. ~~,. ~ ; .. J r~ .,: ; /~~ •., 2 ~ ~ •/ ~~~.. ~-.+~ ~ t.- v+, .I s. ~.:b.,,...9- ~ ~ (iPIAT-) ~ ~ .Q '«awart. o ,•.t' S. G+9"481 QD 11 ~ ~~..CQr wat~~-Ilu i ~' f ~/'~i~,'~° ~r ~'"~ ~ ~ ~ d°°•~ M~. ,~ .~ r 0' `~i'S ~. ,A 1 ~ .dr" rr~ BVIG.~iN (a ~•{ ~. N ;,..: ~Y ..f.~` • al;v,, ' ` ,. 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Board of Land $urvayors, pursuant to Section 472.027 Florida S utae.and Chapter • 81G17 Florids IAist o Code. • ~;'D U;.R Q.E N ~SUA~lf;YIN4 ANp MAPPING, INC ~~ ;~ "^',QiG4 Lstrt~ettat Road . ~! ~~ 1 ,I6CilrRpnyllle~-Florida 32211 ~ ' FLORIDA REOISTE EU SURVEYOq HO. /7 I I (004) 714-5658 F+Ix 721.7845 H. BRUCE OUROEN JR• '1 ~,,,x,l,l(~r~l'I~Fe[~ ~4~$IN~S~S NQ. 60tlti ~ SIGNED n. P~ P.1 L_ 21, t 0 ~~ . ,. SCALE: lu~t'o' Tk~l&,StI,~11~FY' NQ.'T VAI.IR;UN4ESS THIS RRINT IS EMBpSSED WITH THE SEAL OF THE ABOVE SIGNED. i ATTACHMENT C APRIL 10, 2006 COMMISSION MTG Friends of Atlantic Beach Elementary Track Project - Springy 2005 Track $50,000 Landscaping & Irrigation $25,000 Funding Sources: Total $75,000 City of Jax $35,000 City of AB $25,000 Community $20,000 Total $80,000 Track Proiect/Play~round Project - Suring 2006 Track $74,000 Playground Equip. $33,000 Landscaping & Irrigation $38,000 Funding Sources: (Proposed) Total $145,000 City of Jax $45,000 City of AB $50,000 Community $50,000 Total $145,000 Cost Breakdown New 1 /8 Mile Asphalt Track Topo/Boundary/Layout Survey $ 2,500 Demolition (removal of asphalt shingles, etc.) $14,500 Grading & Shaping $11,000 Asphalt Paving & Base $31,500 Concrete Edge $ 8,100 Lane Striping $ 1,700 Sealing of Track $ 4,700 Total $74,000 Athletic Field Landscaping & Irrigation Palm Tree Relocation $ 3,000 Grassing $15 400 Tree/Palm/Shrub Planting $12,100 Irrigation $ 7,500 Total $38,000 Playground Equipment Playset and Climbing Matrix (Contract Connections) Total $33,000 ,~ ---- -_. ...~~, .._...k~.__.~_ X L + _ ~.F ~ '.~ i f'~~:`l.I' ...:. / ~- ~ :.'. 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T ~,.. j~ j .. ,Y. .:f / . , .,; i ~~ ~. ~ ~5; ~Y r tY~a ATTACHMENT D APRIL 10, 2006 COMMISSION MTG Apri14, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: SUBJECT: Alleged Violations of Wastewater Treatment Standards at City of Atlantic Beach Plants; A recent article appeared in a local newspaper entitled "Troubled Waters" which listed violations of state and federal standards at area wastewater plants. The story listed both Atlantic Beach plants as having violations in 2004. The point of the article was that local wastewater plants were contributing to the problem of pollution in the St. Johns River. The City of Atlantic Beach did not have any violations of wastewater standards in 2004. The following was submitted by Donna Kaluzniak after checking into what violations were referenced: "Per their report; WWTP1-Chlorine violation, reporting month September 2004, 4,900% over limit. We checked and double checked every day's results for that month and could not find any violation of the chlorine limit. Harry McNally has contacted the DEP's Data Entry Supervisor in Tallahassee, and this is most likely an error when DEP was keying the data for EPA. WWTP2-Total Recoverable Mercury Violation, reporting month November 2004, 420% over limit. We checked the lab report and found the result was below detection limits. The lab reports this as the minimum detection limit with a "U" behind it, meaning undetected. When we filled out the monthly report, we entered the minimum detection limit, but forgot to put the < (less than sign) in front of the number. Since the minimum detection limit is more than the permitted limit, it appeared we had a violation. We are sending DEP an amended report."