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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