09-16-02 vMINUTES OF THE WORKSHOP MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD IN COMMISSION CHAMBERS AT 5:00 P.M. ON MONDAY,
SEPTEMBER 16, 2002
City Commissioners Present:
John S. Meserve, Mayor
Richard M Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, City Commissioners
Staff Present:
Jim Hanson, City Manager
Sonya Doerr, Community Development Director
David Thompson, Public Safety Director
Maureen King, City Clerk
1. Call to Order
The meeting was called to order at 5:55 p.m. by Mayor Meserve
2. Presentation of final report on Storm Water Master Plan
Michael Schmidt of Camp, Dresser, McKee, the firm hired to update the City's storm water
master plan, gave an overview of the presentation he made to the City Commission on August
19, 2002. Using maps he identified eleven areas with flooding problems and said that the
Aquatic Gardens/Forrestal Circle/Hopkins Creek and Stanley Road as two areas with the worst
flooding problems. Using maps of the Aquatic Gardens area before and after development, he
showed that the Aquatic Gardens subdivision was built within the flood plain. He felt that
retention ponds would provide the most economic solution for handling stormwater and said that
piping stormwater to the Intracoastal Waterway would cost at least three times as much as the
storage solution. Mr. Schmidt identified three vacant parcels adjacent to Aquatic Gardens
totaling 6.4 acres and suggested the city consider acquiring this property for the construction of
retention ponds.
Mr. Schmidt suggested the city undertake the stormwater improvements in phases and felt the
first step, which was one of the most expensive components of the project, should be the
purchase of the land. Then the design and development of the ponds could be done in phases -
Construct a 3+ acre pond and expand it later to 5.5 acres, and then construct culvert
improvements at Cutlass Road.
Mr. Schmidt said it would not be possible to eliminate all flooding but the most important things
were to keep homes from flooding, make sure that stormwater would run off quickly, and to keep
roads passable for emergency traffic. He felt the city had taken an important first step by
:..., Page Two
Minutes -Workshop Meeting
September 16, 2002
enacting an ordinance to establish impervious surface limits. He said that drainage problems had
been caused when land was filled and developed or redeveloped causing runoff to flood
neighboring properties. Mr. Schmidt pointed out the St. Johns River Water Management District
regulated stormwater runoff on parcels in excess of 40 acres and suggested the city establish
regulations to control run off on smaller parcels.
The Mayor welcomed Neptune Beach Council Member Harriet Prewitt who had a personal
interest in the city's stonmwater management since she experienced drainage problems on her
property and also, some of Atlantic Beach's stormwater runs through Neptune Beach.
Following his presentation, Mr. Schmidt responded to questions. Discussion ensued regarding
pumping vs. storage and Mr. Schmidt responded that it would be impossible to pump or store all
the stormwater but that a mix of both methods would be necessary.
Commissioner Waters inquired whether Atlantic Beach received any benefit from gas tax
revenues paid to Jacksonville and the City Manager reported that Atlantic Beach received aper-
capita share of gas tax revenues from Jacksonville and that these funds are used for paving and
stormwater management.
Commissioner Borno inquired regarding the tidal impact and Mr. Schmidt advised that tidal
influence was significant in the Hopkins Creek area and this impact had been considered in their
work.
Discussion ensued regarding problems caused by runoff from individual properties and the
Mayor pointed out that Atlantic Beach did not have good rules for regulating stormwater runoff
from individual lots, but at the same time, he did not feel it was fair to the owners of the last
properties to be developed in an area that they should be have to carry the burden of a problem
that was created over a period of time by those who had already developed their properties. Mr.
Schmidt felt that this was in important matter to be addressed by the city and outlined several
options available to individuals wishing to develop low-lying lots, such a building on stilts or
constructing burros to prevent stormwater runoff.
Following further discussion it was the consensus of the City Commission that staff should move
ahead to acquire the land and also draft suggested rules to address run-off for lands being
developed or redeveloped. The City Manager discussed the funding options for land acquisition
and felt the most prudent approach may be to pay as you go. Mr. Schmidt suggested an option to
reduce the cost of construction the retention ponds would be to work with borrow pit operators to
give them the material in exchange for excavating the retention ponds.
There was also consensus that staff should draft regulations to provide that development or
redevelopment of property would not cause stormwater problems for neighboring properties or
for the city.
Page Three
Minutes -Workshop Meeting
September 16, 2002
3. Discussion Regarding Beach Parking
Public Safety Director Thompson presented a written report onrights-of--way and public parking
issues and identified public safety concerns such as large rocks being placed on the right-of--way
that create traffic hazards for vehicles or bicycles. Also, shrubbery had been planted in the
rights-of--way blocked visibility for motorists at intersections. Director Thompson also reported
that residents had placed obstructions onrights-of--way, thereby eliminating parking spaces.
However, he said that from a public safety aspect, he was more concerned about safety and
visibility, and the parking issue was secondary. He also pointed out the city had no regulations
prohibiting placing obstructions on rights-of--way. A copy of Director Thompson's report is
attached as Ezhibit A.
Commissioner Beaver suggested videotaping existing conditions and not allowing further
elimination of parking spaces. Commissioner Waters agreed and said that existing parking
spaces should be documented and the city should not allow any further elimination of parking
spaces. While it was felt that plantings in the rights-of--way tended to slow the traffic, it was
agreed that sufficient room must be available for emergency vehicles.
Following further discussion, it was agreed that language should be drafted that would give the
city the right to request removal of obstructions, define what would be .appropriate to plant or
place in the rights-of--way, and that the visibility could not be obstructed at intersections. It was
also agreed that liability to the city should be addressed.
4. Any other Business
The Mayor announced that a workshop had been scheduled for October 14, at 5:00 p.m. to
discuss bike/pedestrian paths. He said having considered the comments from residents regarding
proposed routes, it was his personal preference that bike paths be considered in conjunction with
the redevelopment of Mayport Road and that the Hanna Park, Sherry Drive, Seminole Road
routes be abandoned. However, the city could work to improve conditions on Seminole Road.
There being no further discussion, the Mayor declared the meeting adjourned at 7:50 p.m.
Maureen King
City Clerk
EXHIBIT A
Workshop-September 16, 2002
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: City Right-of--Ways
DATE: September 12, 2002
SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS
BACKGROUND: In June 2002, the Police Department submitted a report
discussing City Right-of--Ways and Public Parking issues. At that time, various options
were discussed, but no specific recommendations were provided to the Commission. The
purpose of this report is to identify the primary issues, and to offer suggestions and
guidance for future implementation.
1. One of the most significant issues, relative to citizens placing items on the right-of-
ways, is the impact on Public Safety. Some items that have been placed on the right-of-
ways are dangerous for people and property.
Example: Large rocks with jagged edges have been placed onright-of--ways near the
roadways. These rocks create a traffic hazard for vehicles, bicycles, and others who may
,. need to pass by these locations.
Example: Landscaping has been planted onright-of--ways that includes plants that grow
tall and/or wide. When they were first planted they were acceptable. But over a period
of time, the plants have grown such that they block the visibility of motorists at
intersections.
The City needs to place reasonable restrictions on items placed or planted on the right-of-
ways to assure that they do not create hazardous and dangerous conditions for people
and/or property.
2. Another concern relative to items placed onright-of--ways is the issue of Public
Parking. When people place items on the right-of--ways, they often reduce or eliminate
public parking.
It is difficult to balance the interests of the residents who live in areas where the parking
demands are high, with the members of the public who need public parking for access to
the beaches. In the absence of any policy to deal with these interests, the residents have
eliminated a significant number of parking spaces byplacing/planting items on the right-
of-ways.
However, before taking any extreme measures relative to this issue, there are several
points that should be considered.
In a survey conducted by the city Parking Committee in the 1990's, most Atlantic Beach
citizens did not consider parking to be a significant problem. Most Atlantic Beach
citizens indicated that they can find appropriate parking when they need it.
Generally, Atlantic Beach has available public parking. There are public spaces around
the Town Center area, there are public spaces at 18~' and 19t'' Streets, and there are
typically plenty of available parking spaces within several blocks of the beach for the
public to use. Most people will park as close to the beach as possible, but most people
are also capable of walking a block or two if necessary.
Generally, Atlantic Beach has very good public beach access. In many Florida
communities, one can travel down the coastline for many miles without finding any
public access to the beach. In Atlantic Beach there are numerous public access points,
several handicapped ramps, and hundreds of public parking spaces.
However, if there are no protections or limitations for the use ofright-of--ways, then the
future availability of public parking could be significantly reduced.
Possible Action Points:
For the protection of the public, the Atlantic Beach citizens, and the City of Atlantic
Beach, there should be restrictions relative to items placed or planted on the right-of-
ways. These restrictions should address public safety concerns for hazardous conditions
including, but not limited to, visibility at intersections, and items that may injure people
or damage property.
City staff is capable of providing guidelines to address the necessary
restrictions/limitations.
BUDGET: None
RECOMMENDATIONS: To authorize staff, through the City Manager, to identify
restrictions and limitations for items placed or planted on the city right-of--ways. The
primary purpose of these restrictions will be to ensure that the items do not create
dangerous or hazardous conditions for motorists, cyclists, or pedestrians.
ATTACHMENTS: None
REVIEWED BY CITY MANAG
A ITEM NUMBER:
~.
CITY OF ATLANTIC BEACH
AGENDA
Monday, September 16, 2002
5:15 P.M. 'SPECIAL CALLED MEETING
1. Call to order
2. Action on Proposed budget:
(a) Public Hearing and setting of tentative millage rate for fiscal year
2002/2003
(b) Ordinance No. 20-02-55: Public Hearing and first reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2002/2003
BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30,
2003
~` 3. .Public Hearing on the 2002/2003 Local Law Enforcement Block Grant
4. Any other business
Adjournment
WORKSHOP MEETING
1. Call to order
2. Presentation of final report on the Storm Water Master Plan
3. Discussion regarding beach parking
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.
„~, 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.
MINUTES OF THE PUBLIC HEARING ON THE PROPOSED OPERATING BUDGET FOR FY
2001/2002 HELD IN COMMISSION CHAMBERS, S00 SEMINOLE ROAD, AT 5:00 P.M. ON
MONDAY, SEPTEMBER 16, 2002
City Commissioners Present:
John S. Meserve, Mayor
Louis M. (Mike) Borno
Richard M. Beaver
Paul B. Parsons, and
J. Dezmond Waters, III, City Commissioners
Staff Present:
Jim Hanson, City Manager
Nelson VanLiere, Finance Director
Alan Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Meserve who announced that the items to be
considered this evening were the adoption of the tentative millage rate, the first reading and
public hearing on the ordinance adopting the operating budget for FY 2002/2003, and setting the
date for the second public hearing on the ordinance.
Action on Proposed Budget
(a) Public Hearing and setting tentative millage rate
The Mayor announced- that the tentative millage rate was 3.1721 for operating purposes for fiscal
year 2002/2003, which was 10.21% higher than the rolled-back rate of 2.8783 mills. He
explained that the purpose for the increase in ad valorem tax revenue was to maintain adequate
funding for the existing level of service at anticipated increased cost.
Commissioner Borno moved to adopt a tentative millage rate of 3.1721 for operating
purposes for fiscal year 2002/2003. The motion was seconded by Commissioner Beaver.
The Mayor then opened the floor for a public hearing and invited comments from the audience.
Dennis Veith, 1235 Seminole Road, said he was surprised that the city was not going to roll back
the millage rate considering the increase in property values and the down turm in the stock
market.
J.P. Marchioli, 414 Sherry Drive, said his major concern was not the millage rate, but that the
city used tax revenues in a fiscally responsible manner.
Alan Potter, 324 Second Street, requested that the City Commission address the proposed
increase in the stormwater fee before setting the millage rate. He felt this increase was not
justified and since revenues were not used for stormwater treatment as originally intended, he
felt the stormwater fee should be abolished and stormwater maintenance funded from ad valorem
taxes.
`'` Page Two
Minutes -Special Called Meeting
September 16, 2002
Since no one else wished to speak to the millage rate, the Mayor closed the public hearing and
asked the City Manager to explain why the millage rate should not be reduced.
The City Manager explained that the City was holding the same millage rate. He pointed out that
after the budget was adopted last year, the Tax Collector submitted a revised tax digest and the
City Commission rolled the millage rate back to reflect increased revenues.
Commissioner Waters pointed out that the city would receive increased revenues due to the
increased property values and suggested that the City Commission reduce the millage rate by
even a small portion.
Commissioner Borno referenced the 3% cap on property taxes in Duval County and pointed out
that owners of homesteaded properties would not experience any increases.
Commissioner Parsons agreed with Commissioner Waters and suggested the millage be reduced
a small amount.
Mayor Meserve pointed out the City Commission had had several workshops and had set the
budget based on the current millage. He felt that suggestions for millage reductions should have
been made at those workshops. He said some of the projects in the budget would not be done if
the millage was reduced. He said he did not want to use reserves to fund projects and felt the
millage rate of 3.1721 should be retained.
Commissioner Beaver agreed with the Mayor and noted that this Commission has been trying to
improve some areas that had been neglected such as the Selva Marina Streets, Core City
improvements, opening Church Road, and he felt to maintain the quality of life in Atlantic Beach
it would not be responsible to reduce the millage rate at this time.
Following further discussion, including an explanation of the meaning of "the rolled back rate"
by Nelson VanLiere the motion carried on a 3-2 vote with the Mayor and Commissioners
Seaver and Borno voting aye and Commissioners Parsons and Waters voting nay.
(b) Ordinance No. 20-02-55 First Reading and Public Hearing
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2002/2003 BEGINNING
OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003
Mayor Meserve read Ordinance No. 20-02-55 by title only and stated that the ordinance would
adopt an operating budget of $26, 670,810 for fiscal year 2002/2003. Commissioner Borno
moved for adoption of Ordinance No. 20-02-55. The motion was seconded by
Commissioner Parsons.
~~ Page Three
Minutes -Special Called Meeting
September 16, 2002
The Mayor opened the floor for a public hearing and invited comments from the audience.
Jackie Matchett, 311 5~` Street, representing the Atlantic Beach PTA, addressed the City
Commission regarding the exercise track at the elementary school. She noted that this project
had been deleted from the budget. She said the PTA had some funds in hand for this project and
she hoped the City Commission would reconsider and budget $2,000 for matching funds for this
project.
No one else spoke regarding the proposed budget so the Mayor declared the public hearing
closed.
There was no further discussion and the motion to pass Ordinance No. 20-02-55 on first
reading carried unanimously.
(c) Set date and time for second public hearing
The Mayor announced that the second reading of the ordinance would be held at the next regular
City Commission meeting at 7:15 p.m. on September 23, 2002.
3. Public Hearing on the 2002/2003 Local Law Enforcement Block Grant
Public Safety Director Thompson explained that this block grant was in addition to the grant
from Jacksonville for radio systems. This is a Federal Government grant the Police Department
is proposing to use the funds to convert data from the old system to their new records
maintenance system. Dir. Thompson reported this conversion would cost approximately
$25,000, after which officers on the street would have access to several years of data.
The Mayor opened the floor for a public hearing and invited comments from the audience. Since
no one wished to speak to this issue the Mayor closed the public hearing
4. Any other business
There being no further discussion or business to come before:'t~i (~C Commission the Mayor
declared the meeting adjourned at 5:45 p.m. ~(~~'~~~`
ATTEST:
~LttJc..e.~v'
MAU EN KING
Certified Municipal Cle
Officer