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05-27-03 vCITY OF ATLANTIC BEACH COMMISSION MEETING May 27, 2003 AGENDA Call to order Invocation and pledge to the flag Approve minutes of the Regular Commission meeting of May 12, 2003 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings B. Action on report on Sign Ordinance amendments 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN TI-IE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOM-MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge reports from the Building, Code Enforcement, and Public Safety Departments for the month of April (City Manager) B. Award annual contract for cleaning and televising sewer lines in excess of 5000 linear feet per callout to Equitas Sewer Services at the rate of $1.35 per linear foot (Bid No. 0203-14) (City Manager) C. Reject all bids received and rebid the annual emergency sewer pumping, jetting, cleaning and televising of sewers under 5000 linear feet per callout (Bid No. 0203-15) (City Manager) 5. Committee Reports A. Cultural Arts and Recreation Advisory Committee 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 95-03-84 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 57-03-21 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING CERTAIN SECTIONS OF CHAPTER 15, POLICE, ARTICLE II, DISPOSITION OF • CONFISCATED OR LOST PROPERTY, OF THE ATLANTIC BEACH CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 75-03-15 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, OF THE ATLANTIC BEACH CODE OF ORDINANCES, TO REGULATE THE INSTALLATION OF TRAFFIC CALMING DEVICES, AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Action on a request to install security gates across unopened portions of Tulip Street and West 6`t' Street rights-of--way; also, approval to install a 6-ft. fence to deter illegal access and dumping at Dagley's Salvage Yard (City Manager) B. Action on a request from Alan E. Dickinson for a waiver from the sign regulations in conjunction with redevelopment of a commercial property located at 725 Atlantic Boulevard (North Beach Center) (City Manager) C. Approve Change Order No. 8 in the Core City Improvement Project in the amount of $33,544.18 (City Manager) D. Authorize the Mayor to execute a contract amendment with BFI (City Manager) E. Authorize the Mayor to sign State Revenue Sharing application for 2003/2004 (City Manager) F. Approve usage fees for Atlantic Beach to participate in the new City of Jacksonville radio system (City Manager) G. Authorize an increase in the Byrne Grant application by a total of $11,400 for 2003/2004 (City Manager) 9. City Manager A. City Manager's report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, May 23, 2003. • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC • BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON TUESDAY, MAY 27, 2003 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Parsons was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of May 12, 2003 Motion: Approve the minutes of the Regular Commission Meeting of May 12, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors Alan Dickinson, owner of the North Beach Center under development at 725 Atlantic Boulevard, urged the Commissioners to approve his request for a waiver from the sign regulations to allow an increase in the proposed height of his freestanding sign on Atlantic Boulevard to twenty-five feet and 250 square feet of signage. Current sign regulations limit the height to eight feet and eighty square feet in size. Mr. Dickinson felt his redevelopment of the old Pic `N' Save property should be considered a special project. He believed that a larger, quality, decorative sign was a key to the success of his project. J.P. Marchioli of 414 Sherry Drive reiterated his position that stop • signs placed along Sherry Drive would slow traffic and divert it to other streets with signals on Atlantic Boulevard. v v 0 0 T T E E S s M S O E T C I O Y O N E N N D S O COMMISSIONERS BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -2- May 27, 2003 Mr. Marchioli felt it was unfair to limit citizen comments to five minutes i at the beginning of the meeting and compared this procedure to Rule #4 in the City Charter for the conduct of a meeting. Bob Totter of 275 llt~' Street commented on Item 7C, the ordinance to regulate the installation of traffic calming devices, and suggested that the phrase "traffic safety hazard area" be defined in the ordinance. Mr. Totter stated that he had visited a skate park operated by the City of Jacksonville and noted that although rules of the park requiring safety gear were posted, there was no staff present to enforce them. He indicated that most of the children he observed at the park were not wearing the required helmets and pads and only three parents were present to supervise them. Mr. Totter suggested that the city conduct further research before committing to building a skate park. Mr. Totter also commented on the following: (1) Favored the use of a larger 25' sign for strip shopping centers or large projects (Item 8B), and (2) Stated that the State of Florida set the rules for "street legal" golf carts. Kelly Erhayel, owner of the property being redeveloped at 1487 Mayport Road, also spoke in favor of a waiver to the height limitations found in the current sign ordinance and suggested a compromise between the current regulations which were too restrictive to properly advertise the potential twenty-seven tenants on his lot with 700' of frontage. Mrs. Erhayel stated that she had researched the City of Boca Raton's sign ordinance and found they allowed exceptions under certain circumstances. She urged the Commissioners to reconsider their decision relative to the height and size of a sign allowed for this type of redevelopment. Clyde Bradley of 443 Whiting Lane expressed concern that the proposed Walmart development on Mayport Road would put existing small businesses out of business and urged the Commissioners to oppose the project. 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report on issues from previous meetings City Manager Hanson reported on the following items from his written report: • OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- May 27, 2003 Term Limits It was reported that the Code Enforcement Board, Tree Board, and Cultural Arts and Recreation Advisory Committee favored the proposed term limits of four, two-year terms with a maximum of four terms (eight years). The Community Development Board had taken no formal action, but the Chairman of the Board, Don Wolfson, expressed concern that an initial two-year term was not long enough for a new member to acquire a working knowledge of the city codes and become an effective member of the Board. Discussion ensued following which staff was directed to prepare ordinances setting the term limits at four two-year terms with a maximum of four terms or eight years for the various Boards and Committee. Aggressive Solicitation Penalties The penalties were reviewed and compared to those of other cities and were found to be the same as those in Jacksonville Beach. • Sewer Conversion Policy The effective expiration dates for the assessments were reviewed and the connection dates to the city sewer service confirmed as follows: Beach Avenue May 2011, Ocean Grove December 2007 and Marsh Oaks November 2012. Dewees Avenue Widening and the Effects on Captain Anderson's Property on Beach Avenue Public Works Director Kosoy reported that the street had been widened and tested with a garbage truck to see if it could make the turn without running over Captain Anderson's driveway. After the test, it was found that additional widening was needed and the street design was revised on the north side to provide an additional 1.5' of turning radius. The City Manager's follow-up report is attached and made part of this official record as Attachment A. B. Action on report on Sign Ordinance Amendments Community Development Director Doerr explained various options to • revise the sign ordinance that would provide larger signage for commercial projects. A summary list of the options recommended by OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- May 27, 2003 staff was distributed to the Commissioners and is attached and made part of this official record as Attachment B. Commissioner Beaver suggested holding a workshop meeting prior to the June 9, 2003 Commission Meeting to discuss the pros and cons of the suggested revisions. Motion: Schedule a Workshop Meeting prior to the June 9, 2003 regularly scheduled Commission Meeting to discuss the proposed revisions to the Sign Ordinance. (It was suggested that the proposed changes be presented in ordinance form for review and discussion) There was no further discussion and the motion carried unanimously. 4. Consent Agenda Commissioner Borno requested that Item 4A be removed from the Consent Agenda for discussion. B. Award annual contract for cleaning and televising sewer lines in excess of 5,000 linear feet per callout to Equitas Sewer Services at the rate of $1.35 per linear foot (Bid No. 0203-13) (City Manager) C. Reject all bids received and rebid the annual emergency sewer pumping, jetting, cleaning and televising of sewers under 5,000 linear feet per callout (bid No. 0203-15) (City Manager) Consent Agenda Items B and C were approved as presented. A. Acknowledge reports for the month of April from the Building, Code Enforcement and Public Safety Departments (City Manager) Commissioner Borno requested a summary of the number of animal control citations issued compared to those paid. City Manager Hanson indicated that the report would be ready by the June 9`n meeting. Consent Agenda Item 4A was received and acknowledged as presented. 5. Committee Reports: OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -5- May 27, 2003 A. Cultural Arts and Recreation Advisory Committee Ray Coleman, Vice-Chair of the Committee, updated the Commissioners on the following projects: (1) The sculpture for the corner by the Fire Department building should be installed by the end of July, (2) Project Graduation held at the Navy base to provide an alcohol free evening of entertainment and food for graduating Seniors from Fletcher High School was a success and next year the Committee would like to include students from other schools, (3) The mural being painted on the Jordan Park restroom building should be finished bymid-June, (4) the Summer Camp sponsored by the Recreation Department was reasonably priced at $45.00 per session, and although the initial sign-up was slow, it should be filled by the beginning date, and (5) On June 22"`~ an Acoustic Night would be held at the Adele Grage Cultural Center from 6 - 8:00 p.m. featuring the Mike Shackelford Band. Mr. Coleman indicated that Cultural Arts and Recreation Advisory Committee would like funds included in the next budget for Educational Enrichment and After School Programs with Atlantic Beach Elementary School. Commissioner Waters inquired if the Committee favored term limits • and Mr. Coleman responded that everyone favored term limits 6. Action on Resolutions: There were no Resolutions. 7. Action on Ordinances: A. Ordinance No. 95-03-84 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN EFFCTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 95-03-84 on final reading. Mayor Meserve opened the floor for a public hearing. J. P. Marchioli of 414 Sherry Drive felt solicitors should be licensed by the city. No one else spoke for or against the ordinance and the • Mayor closed the public hearing. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -6- May 27, 2003 Commissioner Waters inquired as to where the complaints of aggressive solicitation occur. Chief Thompson explained they occurred in public places where the elderly and young felt intimidated by panhandlers. There was no discussion and the motion carried unanimously. B. Ordinance No. 57-03-21 Introduction & First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING CERTAIN SECTIONS OF CHAPTER 15, POLICE, ARTICLE II, DISPOSITION OF CONFISCATED OR LOST PROPERTY, OF THE ATLANTIC BEACH CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Commissioner Borno suggested that language be placed in the ordinance stating that Florida State Statutes would govern the disposition of confiscated or lost property. It was decided that this could be included in the ordinance. Motion: Approve Ordinance No. 57-03-21 on first reading. It was announced that the public hearing and final reading would take place June 9, 2003. There was no discussion and the motion carried unanimously. C. Ordinance No. 70-03-15 Introduction & First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES OF THE ATLANTIC BEACH CODE OF ORDINANCES, TO REGULATE THE INSTALLATION OF TRAFFIC CALMING DEVICES AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 70-03-15 on first reading. It was announced that the public hearing and final reading would take place June 9, 2003. There was no discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -7- May 27, 2003 8. Miscellaneous Business: A. Action on a request to install security gates across unopened portions of Tulip Street and West 6`~' Street rights-of--way; also approval to install a 6-ft. fence to deter illegal access and dumping at Dagleys Salvage Yard (City Manager) Motion: Approve request to install security gates across unopened portions of Tulip Street and West 6t~' Street rights-of-~vay and a 6-ft. fence to deter illegal access and dumping at Dagleys Salvage Yard. (A survey showing the location of the fence and gate is attached and made part of this official record as Attachment C). City Manager Hanson explained that Tulip Street was a platted, unopened street that provided access to the Dagley Salvage Yard. He indicated that the property on both sides of the street was owned by the Dagleys. He further stated that an arrangement would be worked out with the Dagleys for access to the property through the locked gate, if needed by the city or the JEA. It was reported the Dagleys had no problem with keeping the gate locked. Community Development Director Doerr explained that the request was being made to deter the illegal dumping that occurs at night along Tulip Street. She indicated that staff had been working with the property owners to remove solid waste and junked vehicles placed on city property adjacent to the right-of--way as required by the Florida Department of Environmental Protection (FDEP). Commissioner Waters inquired as to the number of past inspections of the property. Ms. Doerr stated that Code Enforcement, the Building Department, the FDEP and the Environmental Protection Agency (EPA) had inspected the property several times. Building Official Ford indicated that in the past, the property was considered a minor hazardous waste site by the EPA and the owners had been very cooperative with the clean up. There was no more discussion and the motion carried unanimously. B. Action on a request from Alan E. Dickinson for a waiver from the sign regulations in conjunction with redevelopment of a commercial property located at 725 Atlantic Boulevard (North Beach Center) (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BoRNO x x PARSONS X WATERS X X MESERVE X Minutes Page -8- May 27, 2003 Motion: Defer action on the request for a waiver from the sign regulations to allow a 25' sign to be located at 725 Atlantic Boulevard to the next meeting. Alan Dickinson requested Commission consideration to allow fascia signs supported on a raceway to be installed on the building. He indicated that painted raceways were the best option since they would save him from punching numerous holes in the stucco- covered cement block building each time a fascia sign was installed. Discussion of the use of raceways to support fascia signs ensued. Community Development Director Doerr stated as a point of clarification, "exposed" raceways were not permitted under the current ordinance. Photographs of fascia signs supported by raceways and conventional mountings were displayed. The Commission directed Mr. Dickinson to meet with Ms. Doerr concerning fascia signs and the use of raceways. There was no more discussion and the motion carried unanimously. C. Approve Change Order No. 8 in the Core City Improvement Project in the amount of $33,544,18, (City • Manager) Motion: Approve Change Order No. 8 in the Core City Improvement Project in the amount of $33,544,18. There was no discussion and the motion carried unanimously. D. Authorize the Mayor to execute a contract amendment with BFI (City Manager) Motion: Authorize the Mayor to execute a contract amendment with BFI. City Manager Hanson explained that signing the contract would authorize the city to send payments for BFI's waste hauling services to Allied Receivables Funding of Deleware, a subsidiary of BFI's parent company, Allied Waste Industries, Inc. There was no discussion and the motion carried unanimously. E. Authorize the Mayor to sign State Revenue Sharing application for 2003/2004 (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BoRNO x x PARSONS X WATERS X MESERVE X BEAVER BORNO PARSONS WATERS MESERVE BEAVER BORNO PARSONS WATERS MESERVE Minutes Page -9- May 27, 2003 Motion: Authorize the Mayor to sign State Revenue Sharing application for 2003/2004. There was no discussion and the motion carried unanimously. F. Approve usage fees for Atlantic Beach to participate in the new City of Jacksonville radio system (City Manager) Motion: Approve usage fees for Atlantic Beach to participate in the new City of Jacksonville radio system. Commissioner Beaver inquired as to why the radios were being replaced. Chief Thompson explained that the existing radios were E.F. Johnson radios and were not compatible with the radios used by the other governmental agencies. Discussion of selling the old radios ensued and it was determined there would not be much demand for them. Commissioner Waters inquired as to the number of radios being purchased. Chief Thompson indicated that radios would be installed in patrol cars, others assigned to officers and the remainder used as spares. There was no further discussion and the motion carried unanimously. G. Authorize an increase in the Byrne Grant application by a total of $11,400 for 2003/2004 Motion: Authorize an increase in the Byrne Grant application by a total of $11,400 for 2003/2004. City Manager Hanson stated that additional grant monies in the amount of $3,600 had been obtained since the memo from Chief Thompson was written, bringing the total amount to $135,000. There was no discussion and the motion carried unanimously. 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: Ocean Boulevard Sidewalks It was re orted that a Commissioner had in uired if the sidewalks p q on the east side of Ocean Boulevard could be widened to provide OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X BEAVER X BoRNO x x PARSONS X WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -10- May 27, 2003 more room for pedestrians to move around several utility poles • located in the sidewalk. City Manager Hanson reported there was adequate right-of--way to widen the sidewalks and indicated the cost would be $8,000, but there was no money in the current budget for the prof ect. Discussion ensued. Commissioner Waters stated that if possible, he would like the utility poles moved from the sidewalk. Recreational Vehicle Violations In response to a Commissioner request for information on whether the change in setback requirements in 2001 for boat parking had any affect on city enforcement, it was reported there did not appear to be any change in the number of citations being issued following the change. Discussion ensued. Commissioner Waters believed that since the ordinance was changed there was an increase in the number of boats being parked in front yards. Commissioner Waters requested statistics on the number of boats parked in front yards before and after passage of the ordinance. • City Manager Hanson stated that he would see if it was possible to provide the requested information. RFP -Navy Privatization It was reported that the due date for the proposal to privatize the Navy's water and sewer system had been changed from June 3"~ to June 24`h and approval of the proposal would be on the next agenda. Renaming of Church Road City Manager Hanson provided background information concerning the delays in the process of renaming of Church Road to Dutton Island Road East and West. It was reported that Jacksonville City Council Member Warren Alvarez had requested the city co-host a public hearing concerning the proposed renaming of the street. It was explained that the City of Jacksonville code required individual notification of the affected property owners and there were 19 affected properties, 13 with buildings. It was the consensus of the Commission to work with Council Member Alvarez and hold the public hearing. • OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -11- May 27, 2003 Deed for Pocket Park Land Located Adjacent to the Flyover It was reported that the deed had been received for the land adjacent to the flyover (on the site of the old Silver's Liquor building) and the city would now proceed with development of the park. Commissioner Beaver inquired if the Cultural Arts and Recreation Advisory Committee should be involved in its design and was informed they were not usually involved with the design of parks. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Reported that a grant application from the Neal Foundation had been received for theater lighting at the Adele Grage Cultural Center. Commissioner Borno • Reported that the Pine Street sign at the intersection of Pine and Sturdivant Avenue was missing. Commissioner Parsons • Inquired if street signs could be installed at each beach access on the Oceanside. He felt it would be a helpful location identification tool for beachgoers. City Manager Hanson stated he would look into the request. Commissioner Waters • Commissioner Waters reported he received a call from Jacksonville Council Member-Elect Art Graham indicating he opposed proposed legislation that would exempt the Florida Department of Transportation from local tree, landscaping, noise, and sign ordinances. He urged the Commissioners to support Council Member-Elect Graham on this issue. • Inquired as to how the low bidder was determined under Item 4C, Annual Contract for Emergency Sewer Pumping, Jetting, Cleaning and Televising of Sewers under 5,000 Feet found on the Consent Agenda. Utility Director Kaluzniak responded that she set up a hypothetical situation and plugged in the bid figures to arrive at the single day total. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -12- May 27, 2003 ••• Suggested the city host or co-host with Neptune Beach a • future monthly dinner meeting of the Northeast Florida League of Cities. • Referenced a letter from Governor Bush concerning funding for homeland security and inquired if the city was applying for the additional funds. Chief Thompson stated that the city could not meet the deadline for applying, but was investigating reimbursement of expenses from elevated security levels. He indicated they were presently seeking funding in the amount of $640,000 for security upgrades. Mayor Meserve • Referenced a recent editorial concerning the impact of the construction of a Super Wa1Mart on Mayport Road and stated as a member of the Mayport Waterfront Partnership, he believed he was not accurately quoted concerning the proposed development. He indicated that the Mayport Road Improvement Committee felt they were not in a position to recommend closing of the mobile home park to build a Wa1Mart m its space. He stated that Wa1Mart officials were in the initial phase of a lengthy, involved process to get the land use and then zoning changed for the property. He indicated that sometime during the process, the city could make comments, but it would have no direct impact on the proposed development. Mayor Meserve indicated the owners of several trailer parks on Mayport Road were willing to sell and said he would like to see affordable housing built in those areas. There being no further discussion or business to come before the City Commission, the Mayor declared the ~Ie~ti~g adjourned at 9:00 p.m. Attest: Maureen King • Certified Municipal Cle Officer OMMISSIONERS M O T I O N S E C O N D Y E S N O ATTACHMENT A T MAY 27, 2003 COMMISSION MEETING May 19, 2003 i MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso ~~ a SUBJECT: Follow-u eport Term Limits Proposed for Boards and Committees; In March ofthis yeaz a proposal was made to the Commission to impose term limits on all of the City's appointed boards and committees. A request was sent to the City's Code Enforcement Board, Community Development Boazd, Tree Boazd .and Cultural Arts and Recreation Advisory Committee to solicit their comments on possible terms of two years each with a maximum of four terms (eight years) that would apply to every appointment. The City's Pension Boazds were excluded from this request because state law governs their terms. As of the writing ofthis report, one of the four boards had taken a formal action. The subject was discussed at two of the others although no action was taken or objections noted and the last has yet to discuss the issue, although comments were received from the chairman. The Code Enforcement Board reported that the item had been discussed on May 6t" and the Board unanimously approved the term limits as recommended. Don Wolfson, Chairman of the Community Development Boazd, expressed a general concern about term limits for the appointed boards saying that the Commission could instead'choose to appoint someone else if they did not think that a member was doing an adequate job. He was also concerned about the proposed two-year term as it relates to initial appointments. New members usually require about a yeaz before they have enough knowledge of the City's codes and experience on the Board to be fully effective. He thought atwo-year term for a new member would not give enough time for the Commission to be able to fully evaluate the performance of a new member or for the City to get adequate service given the yeaz of training time that had been invested. The Community Development Boazd has not yet discussed the issue because of a lack of a quorum at the last meeting. They do plan to discuss it in their regular meeting on May 20cn Aggressive Solicitation Penalties; A question was asked at the last Commission meeting about a staff report recommending the adoption of penalties in the City Code for aggressive solicitation. The question was about the amount offines/penalties for similar behavior in the other beach cities. Neptune Beach does not have an aggressive solicitation ordinance. The penalties in the Jacksonville Beach ordinance are exactly the same as those proposed for Atlantic Beach as follows; AGENDA ITEM #3A MAY 27, 2003 1) For first offense, by a fine of not more than $25.00 or imprisonment of not more than 10 days or by community service of not less than 50 hours and 2) For second and subsequent offense, by a fine of not more than $500.00 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours Sewer Conversion Policy; A question was asked at the last meeting about the required dates for conversion to the City sewer system for those septic tank owners that have sewer service available. The effective date for those customers that were not currently under an assessment is five years from the date of the ordinance, which was adopted on May 22, 2000. Therefore, they will have to convert by May 22, 2005. The date for those customers that currently have assessments is one year after the assessments have expired. The previous report had incorrectly reported that they also would have five years after the expiration. The Ocean Grove assessments will expire in December 2006 meaning that they must connect to the city's sewer system by December 2007. For Beach Avenue customers the assessments expire in May 2010 which means that they would have to connect in May 2011 and Marsh Oaks customers have an expiration of November 2011 which would give those residents until November 2012 to connect to the city's sewer service. A copy of the adopted ordinance is attached for your information. Effective Dewees Avenue Widenina/Pavin~ nn Driveway Owned by Captain Anderson nn Beach Avenue; A report was requested at the last commission meeting on the details ofthe DeweesBeach Avenue intersection widening and paving and how that work would affect trucks turning onto Beach Av. and running over Captain Anderson's driveway. Since the last commission meeting, staff utilized a garbage truck going in both directions to see if the proposed widening and paving project would be sufficient to allow an adequate turning radius for large trucks. While the garbage truck was able to make the turn without riding over the landscaped area of the house at 1650 Beach Avenue (Kelly Elmore), it was determined that some additional widening on the north side of the intersection would be advisable. Consequently, about one and a half feet of additional radius has been added to the corner prior to paving. A drawing of the old and new street layout at this location is attached for your information. • AGENDA ITEM #3A MAY 27, 2003 i~' ORDINANCE NO. 80 -00- 61 AN ORDINANCE OF TSE CITY OF ATI.ANTiC BEACH, FLORIDA, AMENDING (~FiA1P'1'F'.R 22, tJ7['II.aTIFS, ARTICLE III, WASTEWATER. SYSTEM, DIVISION 2, USE OF PUBIC SEWERS REQUIltED, SEC. 22-74, INSTAI~ATION OF TOILET FACILIIZFS RF.QUIRID; CO1\INECIION OF FAQ'-n ~~ TO P[TBLIC SEWEZt, SETTING FORTH A TIlVtE SCHEDULE FOR CONNECTION TO PUBLIC SEWERS, AUTHORIZING THE CITY TO OFFER FINANCYAL INC'IS~ITIVES FOR SUCH CONNECTIONS, PROVIDING PENALTIES FOR FA7t'x7RF TO CONNECT, AND PROVIDING AN EF~~G`I`IVE DATE. WHEREAS, certain areas of the City where public . sewers are available still have properties using septic tanks {OSDS: on site sewage disposal system); and . WHEREAS, cx<r~in areas of the City do not~yet have public sewers available; and VVI3EREAS, the City deems that the public health, safety and welfare would be best served if alt properties are connected to public sewers and that use of OSDSs is el3minatetl; and WHE11EtEAS, certain areas of the City are curnently paying assessments for installation of ~--ti public sewer lines; and • WH~tEAS, the City recognizes the costs associated with converting an OSDS to public scwer and the benefit to certain property owners of offering financial assistance and incentives for that purpose; and VP.EiEREAS, the City is not aware of any specific health hazards or conditions resulting from e:osbing OSDSs which are detrimental to the public health, safety and welfare. NOW THEREFORE, BE 1T ENACTED BY THE CITY CO11IN.[TSSION ON BF~fALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Sec. 22-74 of the Code of Ordinance`s of the City of Atlantic Beach, Florida, is hereby amendod to read as follows: "Sec. 22-74. 7rntallation Qf t+n~et facilities required; connecEion of facilitics to public sewer. (a) The owners of all houses, .buildings or properties used for human occupancy, employment, zetxeation, or other Purposes, and situat~cd within the City are hereby required at the owner's expense to install suitable toilet facilities therein. ~,.-.~, (b) The owners of all. properties described in (a} above shall connect . their toilet facilities to public sewer, provided the public sewer is within one hundroci {100) feet or thirty and five-tenths (30.5) meters of the property line, as follows: r . - AGENDA ITEM #3A " MAY 27, 2003 (1) If new construction, then immediately. (2) If currently under an assessment for installation of public sewer lines (whether ahuady paid off or still paying), connection shall be made within one (1) year after expiration of the as.~sment. {Assts in Occan Grove expire December, 2006, on Beach . Avrnue in May, 2010, and in Marsh Oaks {f/k/a Section H) in November, 2011.) (3} If not currently under an assessment for installation of public sewer lines, connection shall be made within five {~ years of the effective date of this Ordinance. (4) if fagure of an OSDS occurs, then immediately. Failure of an osDS is defined in sec. 22 90-(b), coPY ~~'~. (c) '11~e owners of all pznperties d is {a) above where public sewer is not currently available, but becomes available in the future, shall connect their toilet facilities to public sewer as follows: (1) Within•ninety (90) days after date of official notice from . the City to do so. Official notice shall be complete upon mailing said `,....~ notice be the property owner at the property address and at his or her last ]mown address, if any. (2) If failure of an OSDS occurs, and public sewer is available, then immediately. Failure of an OSDS is defined in Sec. 22-90(b), copy attacheri. (d) Failure of any property owner to connect to publvc sewer as required shall be unlawful and subject to all pea~alties, including, but not limited ta, the following: (i) General penalty as provided in Sec. 1-11, copy attached; (2) Prosecution before the Code Enforcement Board; (3) Billing for appropriate services retroactive m the date oosnreaxion should have beat made. The a2ziount of any sack billing shall be in accordance with City pzactice, in at least the amount of minimum billing for the appropriate services. (e) The Gity may, from time tv time, offer fwancial assistance and incentives m property owners to eaeourage a more rapid conversion from an OSDS to public sewer. Any financial assistance and incentives shall be as set forth in a ~` resolution duly adopted by the City Commission. " • • - AGENDA ITEM #3A ' MAY 27, 2003 SECTION 2. The provisions of this Ordinance are controIling. Any pans of the Code of ~~ Ordinances which are eithea inconsistent or in conflict with this Ordinance shall be controlled by this Ordinance. SECTION 3. If any provision of this Ordinance or the application thereof to any peasorn or circumstan~oe is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 4. This Ordinance shall tame effect irnmediatdy upon its final passage and PASSED by the City Commission on first reading this ~_ day of , 2000. PASSEb by the City Commission on second and final wading this .Z~ nd day of /~a~ _, zooo. . ATTEST: . ~~~~ti ~ •. ~~-~. MAUREEN KiN~ ~~ ~~ . • A ed as 20• form and correctness: ALAN C. , ESQUIl~E City A u AGEl~'DA ITEM #3A MAY 27, 2003 • ROW LINE s~~ ' OAR. r P A`~MEN3 S~OPtiN~ PROPOSED V {60' RIGHT ur ""'' '~__~ i' / ROW LINE 24" PROPOSED DP 16 2 R~~fISED • W ~ o D. ~ n c~ 2 ~~ ~ < ~m aZ C T7l EXISTING EDP DESiGR9 ATTACHMENT B MAY 27, 2003 COMMISSION MEETING Summary of revisions recommended for consideration • Increase the size of Freestanding Signs from 80 up to a maximum of 96 square feet with allowable size based upon one squaze foot per each foot of frontage. (... so small sites with limited frontage would still be limited to a maximum size based upon width of street frontage.) • Increase the maximum width from 10-feet to 12-feet. • Allow a maximum of one free standing sign for each 100 feet of street frontage, up to a maximum of three and but use of multiple signs would be limited to 8- feet in height and 96 square feet in size. • Or as an alternative to the three permitted b_y above, for sites that have 300 or more feet of street frontage, allow one 96-square foot, 12-foot high freestanding sign and require a 10-foot setback from property lines (rather than five}. This alternative is provided only in the CG and CL zoning districts, _ since these are where the retail and service type businesses aze located. . ~ + Allow for a second freestanding sign where a property has a"street on two ~~" ' ~ ~ ~ ~~~ ~~ sides, (such as on a corner Iot) 8-feet high and 96 sguare;,feet sign on the ~~ ~ ~ ~ ~ ~ ~ ~~ secondary street side. • • AGENDA ITEM #3B MAY 27, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Options for revisions to Sign regulations for Commercial Zoning Districts SUBMITTED BY: Sonya Doerr, AICP, Community Development Director 4/~ DATE: May 16, 2003 BACKGROUND: Staff has considered options to provide additional signage for larger commercial projects, while at the same time, supporting the Commission's desire to provide regulations that will eventually result in signs that are appropriate to the character of the ..community. Attached are limited revisions to the Commercial district sign regulations that the Commission may wish to consider. These are summarized as follows: • Section 17-6 (4) i. (page 11) -increase the maximum size of Freestanding Signs from 80 to 96 square feet. (?'he allowable size is still based upon one square foot per each foot of frontage, so smaller sites with limited frontage would still be limited to size based upon the street frontage.) • Section 17-6 (4) iii.' (page 11) -increase the maximum width to 12 feet in conjunction with the suggested increase from 80 to 96 square feet. • ' Section 17-6 (4) iv.a. (page 11) -provides for a maximum of one free standing sign for each 100 feet of street frontage, up to a maximum of three and limited to 8-feet in height and 96 square feet in size. • Section 17-6 (4) iv.b. (page 11) -For sites that have 300 or more feet of street frontage, allows for one 96-square foot, 12-foot high freestanding sign (as an alternative to the three per above) and requires a 10-foot setback from property lines. This alternative is provided only in the CG and CL zoning districts, since these are where the retail and service type businesses are located. • Section 17-6 (4) iv.c. (page 12) - The current regulations allow for a second freestanding sign where a property has a street on two sides, but these are now limited to half the height and size of the primary sign, which would limit the secondary sign to four feet in height and 40 square feet in size. This revision would allow for a second full-size 8-feet high and 96 square feet sign on secondary street sides, such as on a corner lot. RECOMMENDATION: Direction from Commission to submit iri ordinance form. BUDGET: None. ATTACHMENTS: Options for revisions to Chapter 17 of the commercial sign regulations. REVIEWED SY CITY MANAGER: AGENDA ITEM #3B MAY 27, 2003 . ~~ Sec. 17-6. Signs permitted within Commercial and Industrial Zoning Districts. ~~T (a) Subject to the provisions as set forth within this Section, the following Signs shall be permitted within Commercial Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central Business District (CDB) and Industrial, Light and Warehousing (ILW) Zoning Districts. Except as specifically exempted in Section 17-3, and further subject to issuance of a Sign . Permit, no other Sign or advertising device shall be displayed or erected within the City of Atlantic Beach. (1) Fascia Signs for Buildings with a single business or occupant. i. Size permitted: One (1) square foot of Sign Face Area for each linear foot of the Building width that faces the front of the Lot, as defined Section 24-17 of this Code, provided that no single Fascia Sign on any one side of a Building shall exceed sixty (60) square feet of Sign Face Area. . (For example, if the width of the Building facing the front of the Lot is fifty (50) feet wide, the maximum total Sign Face Area for all Fascia Signs is fifty (50) square feet.) ii. Number of Fascia Signs permitted: Not more than three (3) Fascia Signs shall be allowed on any one side of a Building. Where Fascia Signs are placed upon more than one side of the Building, the combined Sign Face Area, shall not exceed the amount permitted by subparagraph (1)i. above. (2) Fascia Signs for Buildings with multiple businesses or occupants. i. Size permitted: One (1) square foot of Sign Face Area for each linear foot of the unit(s) occupied by one business or occupant, provided that no such Fascia Sign shall exceed forty-eight (48) square feet of Sign Face Area for any one business. (For example, if the width of a unit or several units, occupied by one business is twenty-four feet, then one Sign, a maximum of twenty-four square feet of Sign Face Area is permitted.) ii. Required spacing between Signs on Buildings with multiple occupants. Fascia Signs for different occupants shall be separated. by a minimum distance or thirty-six (36) inches. (3) In lieu of the above-described Fascia Signs, a business or authorized Use may install a single Bracket Sign or a single Marquee Sign in accordance with the following provisions. i. Size permitted: The maximum size of a Bracket Sign or a Marquee Sign shall be determined in the same manner as a Fascia Sign, provided that no such Sign shall have more than sixty (60) square feet ofprojected Sign Face Area. ii. There shall be not more than twelve (12) inches of clear space adjacent to 10 AGENDA ITEM #3B MAY 27, 2003 the Building wall, and such Signs shall not extend or prof ect from the face of the Building more than ten (10) feet. iii. No portion of such Sign shall extend above the height of the roof. iv. No portion of such Sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any Street side property line. All such Signs, shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any Building. (4) Freestanding Signs. In addition to the above Signs, Freestanding Signs maybe erected as set forth below: i. Size Permitted: Freestanding Signs, including Pole, Pylon and Monument and Ground type Signs,shall be limited to one (1) square foot of Sign Face Area for each linear foot of frontage of the Development Parcel on which the Sign(s) are placed, provided no such Sign shall exceed 'mine -six (96&9) square feet of Sign Face Area. ii. Permitted Height of Freestanding Signs. For the following Zoning Districts, except as set forth in following paragraph iv.b., the maximum Height of .Freestanding Signs shall be: a. Commercial Professional Office (CPO): Eight (8) feet. b. Commercial Limited (CL): Eight (8) feet. c. Central Business District (CDB): Eight (8} feet. d. Commercial General (CG): Eight (8) feet. . e. Industrial, Light and Warehousing (ILW): Eight (8) feet. iii. Permitted Width of Freestanding Signs. The maximum width of Freestanding Signs in any non-residential Zoning Districts shall be ~ twelve (129 feet). iv. Number of Freestanding Signs Permitted: a. On a Development Parcel with frontage upon a single Street, one Freestanding Sign shall be permitted for each one hundred (100) feet of linear Street frontage up to a maximum of three (3) Freestanding S i ris. . b. Alternatively, within the Commercial General (CG, and Commercial Limited (CL) Districts, Development Parcels with Street frontage of three hundred (300) linear feet or more may be permitted one Freestanding Sign not to exceed twelve (12) feet in height. The required distance from property lines for such .. Freestanding Sign shall be a minimum often (10) feet. 11 AGENDA ITEM #3B MAY 27, 2003 L'~~r-1~. ~- cb. On a Development Parcel that has frontage upon more than one Street, one additional Freestanding Sign shall be permitted on each street side of the Development Parcel, not to exceed eight (8) feet in Height and ninety-six (961 square feet of Sign Face Area for any such additional Suns. b b 0 b v. Required distance from property lines: No portion of any Freestanding Sign shall be located closer to the property line than five (5) feet. Freestanding Signs shall not be located so as to interfere with clear vehicular or pedestrian sight .distance. Signs determined by the Director of Public Works to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. (b) Requirement for a Unified Sign Plan. After the initial effective date of these regulations, all new non-residential Development, which shall contain space or units for more than one business or occupant, shall provide a Unified Sign Plan with the application Building Permits. All subsequent applications for Sign Permits shall comply with the approved Unified Sign Plan. The Unified Sign Plan shall comply with the provisions of this Chapter and shall also demonstrate a consistent theme and design with respect to each of the following: (1) Manner and type of construction, including materials to be used, installation method and mounting details; (2) Means of illumination, if any, and hours of illumination. • (3) Size, color, lettering and graphic style. (c) Pre-Development Signs. Signs for the purposes of announcing a coming Development prejee-Project may be placed within Commercial and Industrial Zoning Districts subject to the following provisions. (1) Issuance of a Sign Permit shall be required, and no such Sign shall remain on any Development Parcel for a period of time exceeding one year from the • issuance date of the Sign Permit. (2) Complete and proper applications for Building Permits for the related Development prof ect must be submitted within sixty (60) days of the placement of any such Sign, or the Sign shall be removed. In the case that the Sign is not removed, the Sign shall be considered an Abandoned Sign, subject to the provisions of Sec. 1?-10 {c). {3) Such Sign shall be removed within thirty (30) days of the issuance of any Certificate of Occupancy, or at any time when construction ceases for a period of time longer than thirty (30) consecutive days. In the case that the Sign is not removed within these periods of time, the Sign shall be considered an 12 ATTACHMENT C MAY 27, 2003 COMMISSION MEETING • CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT • AGENDA ITEM: Request to install security gates across unopened portions of Tulip Street and West Sixth Street right-of ways and also six-foot fence to deter illegal access and dumping at Dagley's salvage yard. SUBMITTED BY: Sonya Doerr, AICP ,~,d Community Development Director DATE: May 19, 2003 BACKGROUND: The owners of the .Dagley salvage yard have requested permission to install six-foot high security gates across unopened portions of the Tulip Street and West Sixth Street right-of ways and also asix-foot high fence extending east and west from the gates along portions of West Sixth Street. These sections of Tulip Street and West Sixth Street do not provide access for any adjacent property owner, and Tulip Street extends from West Sixth Street towards. the marsh areas of the Intracoastal Waterway. Tulip Street is a dirt road that is generally passable for trucks and other vehicles all the way to the marsh, and illegal dumping during overnight hours has been a continuing problem along this section of Tulip Street. City staff has been working with the owners of the salvage yard in conjunction with FDEP to require removal of all solid waste and junked vehicles, which had been placed on City right-of--ways adjacent to the salvage yard, as well as other materials not expressly permitted to be stored on the property. The property owners have now cleared most all debris and junked vehicles, which had over the years, spilled from the Dagley property on to the Tulip Street right-of--way. It is staff's opinion that the requested gate and fence will serve as a deterrent to illegal dumping in the future. Staff recommends approval of the gate and the fence subject to the property owner's acknowledgement that the City maintains all rights of access and use associated with Tulip Street and West Sixth Street, and that if required, the gates must be removed upon notice from the City. RECOMMENDATION: Staff recommends approval of the requested six-foot gates and fence subject to a condition, which shall be noted on the Fence Permit, advising the property owner that if necessary for any reason, the gates crossing public right-of--ways shall be immediately removed upon written request from the City. BUDGET: None. ATTACHMENTS: Portion of survey depicting proposed gate and fence location. REVIEWED BY CITY MANAGER: AGENDA ITEM #8A MAY 27, 2003 . _ t r~ ~" i a >~ . ~~ _ G~ /1 10,Z0.69N ~ AYM-ea-ln7i OS ~ p ,6lALGYN 1S3M 133~1S rHl9) H1XIS % 6 !mw .ezzo~ M_cs,»aos (m3u .oa•~o~ M.oz.zarasl fa-ou-nom ai m ,szvoz M.zr.~snes> ~3 JO'bOl M.OO,Z0.69S ,00'ZOL M.OO,10.695 ,00'L9L~M_OO,Z0.69S 6ff 'r_~ r3 >rx tg~ i ' 3 vt 3 ~ I / i~ ii! ~~ ~ / / / / / / =r ;// ~~ ' ~ , / . / to / ~- _ 1 ~ ~ a` s@lo / O~ L~i° % W~ p O 3Y~^/ ° WO] m in q , m .. a ~/~ ~ 11 o~ } U ' /~ ~ •`% I aO ` ~//b QZ O ~/` / ~ I ' O ~ / 4J Z o ~ ~ o ~ tia ~ ~ o a, tO = ,. co .~ ,ao•ru ~ n ,00 l _-- Q ~ ,o W __._ ~__-__ ___ ~ ~" p / . ~ r (p ~ ~ ~ / X i r'S ~~ ~ w o ' p / i1 l.tJ Z ~ / ° U ' / ~ / O / J ~ i ~ N m ~` ' WII// ~ n tom- ~/ ~ ~~ ~ V ~ ~ O m / / / ~ ~J Jv~ ! Q / _ G` ~~ ~~ ~~ ,00'Z,AI 3„OO,S0.69N ° ~~ ' ~ / $ i) ~H1NIN ~~ AGENDA ITEM #3A MAY 27, 2003 Dagley Salvage Yard Legend SUD 0 .~~" 5,250 2,625 0 5,250 Feet