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05-29-01 v • CITY OF ATLANTIC BEACH CITY COMMISSION MEETING May 29, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of May 14, 2001 2. Courtesy of Floor to Visitors: 3. Unfinished Business from Previous Meeting A. Follow-up report from the Regular Meeting of May 14, 2001 (City Manger) 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 THE 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 receipt of monthly reports from Building and Public Safety Department (City Manager) B. Award contract in the amount of$138,608.00 to Miranda Contracting for the total base bid only in the Church Road Water Improvements Project — 2001 CDBG, pursuant to the specifications of Bid No. 0001-18 (City Manager) 5. Committee Reports: 6. Action on Resolutions: 7. Action on Ordinances: A. Ordinance No. 33-01-8 Introduction and First reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH, A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE (City Commission) B. Ordinance No. 33-01-9 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A • PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE MAYOR'S TERM OF OFFICE, AND PROVIDING AN EFFECTIVE DATE (Commissioner Waters) • Page Two AGENDA May29, 2001 C. Ordinance No. 20-01-51 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIEA, FOR FISCAL YEAR 2000/2001 BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 (City Manager) D. Ordinance No. 5-01-34 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, SECTION 2-361, SUBSISTANCE, TO DELETE THE DOLLAR AMOUNTS FOR DAILY PER DIEM AND REPLACE THEM WITH THE INTERNAL REVENUE SERVICE DAILY ALLOWANCE (City Manager) E. Ordinance No. 5-01-35 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, DEPARTMENTS, DIVISION 5, DEPARTMENT OF PUBLIC WORKS, AMENDING SEC. 2-80 DIRECTOR OF PUBLIC SERVICES- • APPOINTMENT, COMPENSATION;AMENDING SEC. 2-81, SAME- DUTIES; DELETING SEC. 2-82, DIVISIONS; APPOINTMENT, COMPENSATION OF CHIEFS; CREATING A NEW DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES, ADDING SEC. 2-84, CREATED; SEC. 2-85, UTILITY DIRECTOR-APPOINTMENT, COMPENSATION; SEC. 2-86, SAME-DUTIES; AND SEC. 2-87, OTHER DUTIES; AND PROVIDING AN EFFECTIVE DATE (City Manager) 8. Miscellaneous Business: A. Public Hearing and action on an application for a Use-by-Exception filed by First Coast Plumbing to operate a plumbing contracting business at 1651 Mayport on property zoned Commercial General(City Manager) B. Authorize the Mayor to sign all paperwork for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program(City Manager) C. Authorize the Mayor to sign the State Revenue Sharing Application for 2001/2002 (City Manager) D. Authorize the City Manager to sign a contract with M.J. Altman Companies, Inc. to provide collection services for the city(City Manager) E. Action on a request from the Cultural Arts Board to place a sculpture in front of the fire station at the west side of the five-way stop (City Manager) • 9. City Manager Reports: A. Discussion and possible action regarding relocation of Southern Bell telephone lines on Sherry Drive • Page Three AGENDA May 29, 2001 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 0 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 25, 2001. • V V 0 0 T T 0 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE ROAD AT s S 7:15 P.M.ON TUESDAY, MAY 29, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tern Mike Borno Theo Mitchelson Dezmond Waters, Commissioners M S AND: James Hanson, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk i N Y O N E N N D S 0 COMMISSIONERS The meeting was called to order by Mayor Meserve at 7:15 p.m. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. • 1. Approval of the minutes of the May 14, 2001. Commissioner Borno requested that Page 10, of the minutes be amended to reflect the date of June 4, 2001 for the public hearing for the Selva Marina Special Assessment. BEAVER X BApprove the minutes of the May14, 2001 MITCH X X Motion: A PP ITCHELSON X X Commission Meeting as amended. WATERS X MESERVE X The motion carried unanimously. 2. Courtesy of Floor to Visitors: Sally Clemens of 1638 Park Terrace West supported Mayor Meserve's ordinance proposing two voting districts,but preferred four districts. She also supported a four-year term for the Mayor. Mrs. Clemens thanked the Commissioners for their representation at Council Member Jerry Holland's Town Hall Meeting held at Fletcher High School on May 15th concerning the City of Jacksonville reapportionment. Bob Totter of 275 11th Street also preferred four voting districts,but hoped the Commission would support the Mayors's alternate to be put on the November ballot. He indicated that if the referendum to establish • voting districts was not put on the November ballot,he would work to get petitions signed to put it on the ballot. Mr. Totter also suggested that the city consider turning the tennis court at Bull Park into a supervised M S Minutes Page -2- 0 E May 29, 2001 z c I O Y • ONE N skateboard area for younger children, since residents seldom play tennis COMMISSIONERS N D S 0 there. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) the delay of Sherry Drive street improvements project, (2) pointed out that children had been injured skateboarding in Bull Park and reiterated his support for construction of a skateboard park, (3) reiterated his position that the speed bumps on Plaza were a hazard and suggested they be replaced with the type of speed bump used at the airport, and (4) supported voting districts. Stephen Kuti of 1132 Linkside Drive supported establishing municipal voting districts, but preferred four districts. He also favored the Mayor serving a four-year term. Mr. Kuti distributed alternative language to that in Ordinance 33-01-8 for Commission consideration. The document is attached and made part of the official record as Attachment A. Dorothy Kerber of 365 1st Street supported proposed Ordinances 33-01- 08 & 33-01-09. 3. Unfinished Business from Previous Meeting • A. Follow-up report from the Regular Meeting of April 23, 2001 (City Manger) City Manager Hanson summarized his written report. The report is attached and made part of this official record as Attachment B. In addition to the written report, City Manager Hanson updated the Commission on the following items: Renaming of Church Road It was reported that the Beaches Historical Society had been contacted and as far as it could be determined the road was not named for a family or individual named Church, but most likely was named because several churches were located in the area. City Manager Hanson further reported that two businesses and ten homes located on Church Road would have to change their addresses if the road was renamed. Mayor Meserve indicated that the name change would have to be done in conjunction with the City of Jacksonville and if approved, it would take approximately one year to complete. • M S Minutes Page -3- 0 E May 29, 2001 T c I O Y 410 O N E N Extension of Church Road COMMISSIONERS N D E 0 Commissioner Waters felt money would be saved if the city installed a bicycle path and sidewalk in conjunction with the road extension project, and requested that City Manager Hanson investigate this matter. City Manager Hanson felt this matter could be addressed by the new Community Development Director as part of the city's Strategic Plan. Item 9A was taken out of sequence and discussed at this time. 9A. Discussion and possible action regarding relocation of BellSouth telephone lines on Sherry Drive Michael Stuart of BellSouth introduced Ray Serrano, James Neal and Rick Maurer who were present to answer questions concerning the relocation of their telephone lines. Waterline Replacement • City Manager Hanson explained that the bid opening for the Sherry Drive Reconstruction Project had been delayed because it was discovered that a fifty-year-old ductile iron water pipe with lead joints was located close to the road and would probably crack during the road construction. It was felt that it would be best to replace the ductile iron line on Sherry Drive with the twelve-inch line previously scheduled for installation on East Coast Drive to increase water pressure in the core city area. City Manager Hanson indicated that bids would be opened on Friday, June 8th and would be brought to the Commission on June 11th BellSouth Conduit Relocation City Manager Hanson explained that six BellSouth conduits containing major telephone lines for the city and Navy Base were located on the east side of Sherry Drive. He further explained that the lines were located at the same elevation as the city's proposed storm drains and relocation of the conduits would cost approximately two million dollars and would cause many outages. City Manager Hanson reported that in order to avoid the costly relocation of the lines, BellSouth proposed to install 4' x 8' conflict boxes, which would allow water to flow around the conduits. 0 BellSouth had offered to pay for the construction and maintenance of the vaults and would bring a"Memo of Understanding"to that effect M S Minutes Page -4- 0 E May 29, 2001 T c I O Y 0ONE N for Commission approval before the beginning of construction in COMMISSIONERS N D S 0 June. Mr. Seranno explained that it may be possible to raise or lower some of the conduits to avoid the use of a vault, but it would not be known if this was possible until construction began. He indicated that he would like to eliminate as many of the conflict boxes as possible. Discussion of conflict boxes ensued, and City Manager Hanson indicated that staff and the engineers felt that the conflict boxes could work successfully if properly maintained. Mr. Seranno stated that numerous conflict boxes had been built in the City of Jacksonville and caused no problems. Commissioner Mitchelson expressed concern that use of the conflict box could have a negative impact on the gravity flow of the new drainage system and indicated that he would like an engineer's opinion as to whether or not this will work. City Manager Hanson indicated that that an engineer had been contacted and felt the system would work if the vaults were properly maintained. 4. Consent Agenda: • A. Acknowledge receipt of monthly reports for Building and Public Safety Departments B. Award contract in the amount of $138,608.00 to Miranda Contracting for the total base bid only in the Church Road Water Improvements Project—2001 CDBG, pursuant to the specifications of Bid No. 0001-18 (City Manager) BEAVER X BORNO X X Motion: Approve Consent Agenda Items A and B as MITCHELSON X presented. WATERS X X MESERVE X There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There were no Resolutions. 7. Action on Ordinances: • A. Ordinance No. 33-01-8 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE M S Minutes Page -5- 0 E May 29, 2001 I 0 Y ONE N 11111ELECTORS OF ATLANTIC BEACH, A PROPOSED COMMISSIONERS N D s 0 AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE (City Commission) BEAVER X BORNO X X Motion: Adopt Ordinance No. 33-01-8 on first reading. MITCHELSON x WATERS X X MESERVE X Mayor Meserve reported that the public hearing and final reading of the ordinances would take place June 11, 2001. Commissioner Mitchelson felt the current system for electing Commissioners was better, but indicated that the proposed change had merit. Commissioner Mitchelson felt the majority of residents in the city did not want voting districts, but the perception was that the area west of Mayport Road had been neglected. He further stated that he did not feel this was the case and pointed out the dollars spent and many projects completed in the area during the past four years. There was no discussion and the motion carried by a four to one vote with Commissioners Beaver, Borno and Waters and Mayor Meserve • voting aye and Commissioner Mitchelson voting nay. B. Ordinance No. 33-01-9 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE MAYOR'S TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE (Commissioner Waters) BEAVER X X BORNO X X Motion: Adopt Ordinance No. 33-01-9 on first reading. MITCHELSON X WATERS X MESERVE X Commissioner Waters expressed his support for the change and indicated a four-year term for the Mayor would provide for more efficient government and continuity on the Commission. There was no discussion and the motion carried unanimously. C. Ordinance No. 20-01-51 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2000/2001 BEGINNING BEAVER X X OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 BORNO X X • (City Manager) MITCHELSON X WATERS X MESERVE X Motion: Adopt Ordinance No. 20-01-51 on first reading. M S Minutes Page -6- 0 E May 29, 2001 T C I O Y 0ONE N COMMISSIONERS N D S 0 There was no discussion and the motion carried unanimously. D. Ordinance No. 5-01-34 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, SECTION 2-361, SUBSTANCE, TO DELETE THE DOLLAR AMOUNTS FOR DAILY PER DIEM, AND REPLACE THEM WITH THE INTERNAL REVENUE SERVICE DAILY ALLOWANCE BEAVER X BORNO X X Motion: Adopt Ordinance No. 5-01-34 on first reading. MITCHELSON X X WATERS X There was no discussion and the motion carried unanimously. MESERVE X E. Ordinance No. 5-01-35 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, DEPARTMENTS, DIVISION 5, DEPARTMENT OF PUBLIC WORKS, AMENDING SEC. 2-80 DIRECTOR OF PUBLIC 41) SERVICES-APPOINTMENT, COMPENSATION; AMENDING SEC. 2-81, SAME-DUTIES; DELETING SEC. 2-82, DIVISIONS; APPOINTMENT, COMPENSATION OF CHIEFS; CREATING NEW DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES, ADDING SEC. 2-84, CREATED; SEC.2-85, UTILITY DIRECTOR-APPOINTMENT, COMPENSATION; SEC.2-86, SAME-DUTIES; AND SEC.2-87, OTHER DUTIES; AND PROVIDING AN EFFECTIVE DATE (City Manager) BEAVER X X BORNO X X Motion: Adopt Ordinance No. 5-01-35 on first reading. MITCHELSON X WATERS X There was no discussion and the motion carried unanimously. MESERVE X 8. Miscellaneous Business: A. Public Hearing and action on an application for a Use-by- Exception filed by Christy First Coast Plumbing to operate a plumbing contracting business at 1651 Mayport Road on property zoned Commercial General (City Manager) BEAVER X X BORNO X X MITCHELSON X • Motion: Accept the recommendation of the Community WATERS X Development Board and approve the use-by-exception MESERVE X filed by Brian Christy (Christy First Coast Plumbing, Inc.) M S Minutes Page -7- 0 E May 29, 2001 T c I O Y ONE N • to operate a plumbing business on property located at COMMISSIONERS N D s 0 1651 Mayport Road, (also described as Pt of Govt Lot 3(172061-0000) as recorded in OR Bk 9140 Pg 1516, and Pt of Govt Lot 3 (172091-0000, 172091-0010, 172072-0000 and 172071-0000) recorded in OR BK 8896 Pg 554, being Parcels A, B, D and E) zoned Commercial General (CG). The conditions recommended by the Community Development Board were as follows: (1) All existing storage trailers will be removed from the site, (2) working hours in the shop will be confined to the hours of 7:00 a.m. to 7:00 p.m., except for emergency pick up of tools and materials by crews on emergency repair calls, (3) a privacy fence six feet tall will be maintained between the residential lots to the east of the property, and (4) all storage to be inside, with the exception of pipe racks to store pipes). Mayor Meserve opened the public hearing and invited comments from the audience. Brian Christy, owner of the business, stated that he wished to clarify that the name of the business was Christy First Coast Plumbing, Inc. No one else spoke and the Mayor closed the public hearing. • There being no further discussion, the motion carried unanimously. B. Authorize the Mayor to sign all paperwork for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (City Manager) BEAVER X X Motion: Authorize the Mayor to sign all paperwork for BORNO X X the Edward Byrne Memorial State and Local Law MITCHELSON X Enforcement Assistance Formula Grant Program. WATERS X MESERVE X There was no discussion and the motion carried unanimously. C. Authorize the Mayor to sign the State Revenue Sharing application for 2000/2001 (City Manager) BEAVER X X BORNO X X Motion: Authorize the Mayor to sign the State Revenue MITCHELSON X Sharing application for 2000/2001. WATERS X MESERVE X There was no discussion and the motion carried unanimously. D. Authorize the City Manager to sign a contract with M.J. Altman Companies, Inc. to provide collection services for 11 the city (City Manager) M S Minutes Page -8- 0 E May 29, 2001 z c I O Y ONE1110 N Motion: Authorize the City Manager to sign a contract COMMISSIONERS N D S 0 with M.J. Altman Companies, Inc. to provide collection BEAVER X X services for the city. BORNO X X MITCHELSON X Commissioner Beaver requested that staff review the collection WATERS X methods used by the company from time to time to make sure the MESERVE X company did not deal too harshly with the citizens. There being no further discussion, the motion carried unanimously. E. Action on a request from the Cultural Arts Board to place a sculpture in front of the fire station at the west side of the five-way stop (City Manager) BEAVER X X BORNO Motion: Approve request from the Cultural Arts Board X MITCHELSON X X to place a sculpture in front of the fire station at the west WATERS X side of the five-way stop. MESERVE X Commissioner Borno stated that he had no problem with the request as long as the Commission gave final approval of the sculpture and its location. • Commissioner Waters felt a better location for a sculpture would be at the Town Center circle. He felt more money should be spent to do something nice and suggested that the City of Atlantic Beach combine efforts with the City of Neptune Beach to do the project. Discussion ensued and concern was expressed that it would be a difficult decision since "art is in the eye of the beholder". Commissioner Waters suggested that the Commissioners meet with the city's various Boards and Committees twice a year to improve communication. Commissioner Borno felt that these types of projects should be kept in proper perspective and included in the city's strategic plan. There being no further discussion, the motion carried unanimously. 9. City Manager Reports: City Manager Hanson reported on the following items: • Reported that the Blue Wave designation had been received 0 for the year 2001 and brochures had been distributed to area hotels. M S Minutes Page -9- 0 E May 29, 2001 T C I O Y ONE110 N • Reported that Public Works employee, Jack Baldwin, had COMMISSIONERS N D s 0 been granted a Superior Achievement Award in the amount of $250 for his innovative method of hanging street signs in Town Center which saved the city considerable expense. • Reported that the Core City Sewer Rehabilitation Project was completed and had come in at $160,989 under contract price. • Briefly commented on the zoning issues brought up at the public hearing for the revised zoning ordinance, and distributed a Staff Report written by Building Official Ford on Zoning Options which addressed those concerns. The report is attached and made part of this official record as Attachment C. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Requested that a Resolution be prepared recognizing Nancy IIIDeCandis for her service on the Cultural Arts Board. Commissioner Waters • Inquired if there was a fee for the Blue Wave recertification. City Manager Hanson indicated the cost was $500.00. Commissioner Waters stated that he was opposed to spending the money unless there were benefits associated with the certification. Commissioner Mitchelson • Stated that the port-o-lets for the handicapped at "Dancing in the Street"were well intended, but installed in such a way that it was difficult for a handicapped person to use them. • Requested that a representative of AT&T Broadband be present at a future Commission Meeting to explain how they scramble channels inappropriate for viewing by young children. He indicated that Channel 14 was not properly scrambled. • In response to Mr. Totter's earlier comment on taxes, pointed • out that the City of Atlantic Beach had not increased taxes for a number of years. M S Minutes Page -10- o E May 29, 2001 1• C I O Y O NE N Mayor Meserve • COMMISSIONERS N D S 0 • Thanked Commissioner Mitchelson for representing the city at the Adele Grage Community Center meeting concerning the duplex issue. • Commented that better disabled access to the beach was needed. City Manager Hanson responded that the city had received a grant for handicapped accessible walkovers, the details of which were presently being worked out. • Reminded everyone of the June 4th 5:00 p.m. Workshop Meeting to discuss the zoning ordinance issues, and the 7:15 Public Hearing at the Elementary School for the Selva Marina Streets Improvements Project. There being no further discussion or business to come before the Commission, the Mayor declared the meetin: : s;o ed at 8:55 p.m. lhi A • lMe'-rve May�� ''residi : Officer Attest: nta“A-U244-, " Maureen King Certified Municipal - 10 Mi a ATTACHMENT A - MAY 29, 2001 COMMISSION MEETING 1110 ORDINANCE NO. 33-01-8 v AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, A SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A PROPOSED Iiiy, AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE. W BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE L-4_, OF THE CITY OF ATLANTIC BEACH, FLORIDA: )5jj SECTION 1. The following question shall be submitted to the electors of Atlantic Beach as a proposed amendment to the City Charter at the next general election to be held within the City of --.4 Atlantic Beach: "Should the Atlantic Beach Charter be amended to change the way the city commission is elected so that two (2) of the city commissioners are elected from precincts 3G or 3H (northern districts) and two (2) commissioners are elected from precincts 3F or 3S(southern districts) and the mayor to h elected at large?Beginning with the election in the year 2003, any persons elected to Seats 2 T 3 on the city commission will have to reside within the district comprised of the existing voting precincts 3G or 3H(northern districts), and any persons elected to Seats 4 et 5 on the city commission will have to reside within the district comprised of the.existing voting precincts 3F or 3S(southern district). " , • YES NO SECTION 2. If the above proposed amendment to the City Charter is approved by a majority of the electors voting in the referendum upon such amendment, the City Commission shall have the amendment incorporated into the City Charter and shall file the revised Charter with the Florida Department of State. SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of May,2001. PASSED by the City Commission on second and final reading this _day of June,2001. Attest: MAUREEN KING JOHN S. MESERVE City Clerk Mayor, Presiding Officer Approved as to form and correctness: • ALLEN C. JENSEN, ESQUIRE, City Attorney ATTACHMENT B MAY 29, 2001 COMMISSION MEETING S May 22, 2001 MEMORANDUM TO: The Honorable Mayor and Members of the C. y Commission FROM: Jim H. ,o • • . n r SUBJECT: City Man.ger's Report S Blue Wave Certification for 2001; The City of Atlantic Beach, along with the Cities of Jacksonville Beach and Neptune Beach, have received the certification to become Blue Wave Beach participants for 2001. To receive the Blue Wave certification, each beach must pass a set of criteria dealing with water quality, beach conditions, safety, services available, habitat conservation, public education and erosion management. A flag has been provided to the City and a plaque has been placed on the lifeguard station. Also, some of our area hotels have expressed an interest in utilizing the Blue Wave certification for advertising. A flyer entitled " Clean Beaches Council; Home of the Blue Wave Campaign"has been distributed with the agenda packets. S AGENDA ITEM#9 MAY 29,2001 Date: May 8, 2001 • To: Ms. Kathleen M. Ratcliffe, Jacksonville&the Beaches CVB Mr.Roy Paxson, City of Jacksonville Beach Mr. Jim Hanson, City of Atlantic Beach Mr. Richard Linn, City of Neptune Beach Subject: 2001 Blue Wave Certification Congratulations! The Clean Beaches Council has determined that the following three Duval County beaches have met the requirements for 2001 Blue Wave recertification: Clean Beaches Atlantic Beach Neptune Beach Council Jacksonville Beach By now you should have received two 2001-02 season flags and our new Blue Wave brochures. The brochures are meant to help you explain to the beach going public the meaning behind Blue Wave Certification. There is space provided on the back of the brochure for you to list a local contact should the public have any questions. A current year season marker(e.g., -2001)is also provided and should be placed on your Blue Wave kiosks. A diagram-outlining placement of the season marker is enclosed. The Blue Wave Campaign has made great strides in the past year. Once again,this year's III certified beaches will be featured in the summer issue of Coastal Living Magazine (July/August 2001)and we are pleased to be working with AT&T as a new national partner. It truly has been outstanding to see the Blue Wave Campaign grow to over 60 beaches in twelve states in less than two years. Thank you for supporting clean and safe beaches. We wish you all a great summer season. Sincerely, )77_,, ,&_, e,,, ,,,,,,_,,,/ Walter L. McLeod President Seek the Wave...Preserve our Beaches Washington Office 817 7th Street NW Suite 325 Washington,DC 20001 Virginia Office: 618 Kenmore Avenue .. . ''"` Suite 2A �dericksburg,VA 22401 ... 540.373.1436 voice 540.373.5422 fax a cleanbeachescouncil©yahoo.com , r �'m `` r , .._. ,..k - ...,,,. ...-„,..t, �...._, c. IN ATTACHMENT C - ? MAY 293 2001 COMMISSION MEETING • May 29, 2001 Staff Report on Zoning Options The City of Atlantic Beach has been planning for the wholesale revision of its zoning code for many months. A hearing was held on Monday, April 16, 2001 to get input from the public on the draft of the zoning code that had been presented by the City's Community Development Board and revised through several workshop discussions held jointly with the City Commission. Several issues were raised by the public both in written comments and in person. This list of options is to provide possible amendments for the City Commission to consider relating to the issues that appear to be problematic to large groups of individuals. 1. Grandfathering of Duplexes in down zoned section of Core City a. Allow for the reconstruction of duplexes if destroyed in"same footprint". Possible language as follows; "Substandard structures that were in existence upon the passage of this ordinance shall be deemed to comply with the code and shall, in the event of destruction by fire, flood or similar disaster be allowed to be • rebuilt in the same footprint, providing the footprint was in compliance with the code prior to passage of this section. Rebuilding of these structures requires compliance to current building and safety codes, and the reconstruction of duplexes must comply with current townhome standards including firewalls." 2. Subdivisions of Lots into Substandard Parcels a. Require all future duplexes to be constructed to townhouse standards. Suggested language to add to Section 24-106 and 24-107 "all duplex and townhouse construction shall be constructed with a two hour firewall as defined in the current building code under townhouse construction." b. Increase minimum lot size for construction of a duplex from 5,000 square foot to 7,500 square foot. c. Clarify language in code to ensure no building permits will be issued on substandard lots. Language suggested; "No single family, duplex,townhouse or multiple family structure shall be allowed on a single-family lot, multiple lots or parcels unless the resulting density complies with the regulations within the code and the comprehensive plan." d. Require duplexes or town homes to be connected by a firewall (breezeway not acceptable) • e. Require duplexes to be of substantially the same architectural style and color f. Require duplexes to be constructed at the same time unless existing single-family home is being reconstructed/split and new unit will remain in same "footprint". 3. RV Restrictions a. Eliminate (5) "all terrain vehicles" from definition of Recreational Vehicle on page 20 of the proposed zoning code. This would effectively exclude from limitation bicycles, motorcycles and other recreational equipment unless it is on a trailer and therefore covered in Section 24-163 (2); "not more than one (1) recreational vehicle, hauling trailer, or boat trailer shall be permitted if parked or stored behind the front yard building line". b. Amend Section 24-164(2) to allow two such recreational vehicles per lot instead of one or limit to one RV for each 5,000 square feet (require 10,000 square feet for 2nd RV). c. Amend Section 24-163 (2)to replace "front yard building line" (20 feet behind property line) with "15 feet behind the property line". 111 4. Accessory Buildings a. Amend Section 24-17 definitions for"accessory structure"to limit these only to structures defined as "occupiable" in the current building code to include the following Occupiable Room. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes, or in which occupants are engaged at labor; and which is equipped with means of egress, light, and ventilation facilities meeting the requirements of this code. This will exclude the following types of uses from being considered as accessory and therefore being limited to one per lot; dog houses, small pump houses, swing sets and playground equipment. 5. Other Items a. "Assessed Value versus Market Value" for reconstruction in Section 24-85(a)(4); A recommendation has been made that the term"assessed value" be replaced with "market value". This market value is to include the value on the tax rolls of Duval County and differs from the "assessed value" by virtue of not being limited • to a three percent increase per year for owner occupied homes. A second • suggestion has been made to reduce the 50% "trip wire" for prohibiting reconstruction of a nonconforming building to 33%. b. Question over "non-conforming use"versus "non-conforming building" in Section 24-85(a)(4); Amend the proposed language in this section to remove "non-conforming use" and replace it with"unless it meets the current building and zoning standards". The revised heading would then read, "If more than fifty (50) percent of the assessed value of the non-conforming building is destroyed, the building shall not be reconstructed unless it meets current building and zoning standards". This section is confusing as written in the proposed zoning code. c. Definition of"screening" (page 21) change; "lies"to "lines" so that it will read "screening shall mean a strip of land parallel to the adjacent property lines,..." d. Correct typo and logic error in section 24-47(7); strike"administrative of' and "or disapproval" from second sentence so that the remaining sentence reads "the Building Official's signature, stating approval is required on all building permit applications before a permit shall be issued." e. Conservation Districts; representatives from the Catholic Radio Station have complained that the change in wording from the "Open Rural" zone to the "Conservation District" removes radio or television transmitters from the list of • uses by exception enumerated in the new conservation district. This means that they could not rebuild the radio station building or antenna if it were destroyed. Under the present zoning, it could be rebuilt but would require approval by the Community Development Board. If the commission chose to add "radio or television transmitters, antennas, etc"back to the list of uses by exception for the Conservation District, then the catholic radio station would be in the same position after adoption of the new zoning ordinance. f. Community facilities; Section 24-136(f); present draft indicates that "all public and private parks, playgrounds and green spaces must be clearly identified and the proposed location of each must be approved by the City." A question has been raised as to who represents "the City" in this instance. To clarify this section it may be most appropriate to insert "the Mayor and Commission" in place of"the City". •