09-11-00 v CITY OF ATLANTIC BEACH
1111, CITY COMMISSION MEETING
September 11, 2000
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of August 28, 2000
2. Courtesy of Floor to Visitors:
3. Unfinished Business from Previous Meeting
A. Follow-up report from the meeting of August 28, 2000 (City Manager)
B. Discussion and possible action relative to stop sign at 11t Street and East Coast Drive
(City Manager)
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
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS
A. Acknowledge receipt of monthly reports from Building, Occupational License, and
Public Works(City Manager)
B. Award contract to Wilson&HSL Roofing in the amount of$12,500.00 for re-roofing
of the City facility at 902 Assisi Lane,pursuant to the specifications of Bid No. 9900-
21 (City Manager)
C. Extend contract with Calciquest for Orthophosphate for Buccaneer Water System for
one additional year in accordance with their proposal submitted under Bid No.9798-39
(City Manager)
D. Award annual contract to Gruhn May, Inc., for point repairs to the city's water
distribution,and sanitary and storm sewer collection systems pursuant to their proposal
submitted under Bid No. 9900-24 (City Manager)
E. Award contract to Atlas Electric for electrical motor and pump repairs pursuant to their
proposal submitted under Bid No. 9900-25 (City Manager)
F. Authorize staff to submit the Third Annual Storm Water Management Plan Report to
EPA(City Manager)
5. Committee Reports:
6. Action on Resolutions:
•
r
• Page Two AGENDA September 11, 2000
7. Action on Ordinances:
A. Ordinance No. 45-00-15 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 20, TAXATION, SECTION 20-59, SCHEDULE OF
FEES;AND PROVIDING AN EFFECTIVE DATE (City Commission)
B. Action on proposed budget:
(i) Public hearing and setting of tentative millage rate for fiscal year 2000/2001
(ii) Ordinance No. 20-00-47: Public hearing and first reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2000/2001
BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001
C. Ordinance No. 45-0-48 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 (City Manager)
D. Ordinance No. 80-00-62 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
• AMENDING CHAPTER 22,ARTICLE II,WATERWORKS SYSTEM,SEC.22-20,
FEE TO RE-ESTABLISH SERVICE AFTER CUT OFF OR TRANSFER TO
REQUIRE PAYMENT OF A TURN ON FEE FOR NEW SERVICES; SEC. 22-27,
CHARGES FOR WATER SERVICES, TO INCREASE CHARGES FOR WATER
SERVICE; SEC. 22-27.1, UTILITY DEPOSITS, TO SET A DEFINED DOLLAR
AMOUNT FOR RESIDENTIAL DEPOSIT; TO AMEND ARTICLE III,
WASTEWATER SYSTEM,DIVISION 7, SEC. 22-166,ESTABLISHMENT OF A
MONTHLY BASE CHARGE TO INCREASE THE BASE CHARGE FOR SEWER
SERVICE;SEC.22-167,SCHEDULE OF WASTEWATER VOLUME CHARGES,
TO INCREASE THE VOLUME RATE FOR SEWER SERVICES; PROVIDING
FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE
8. Miscellaneous Business:
A. Authorize the Mayor to sign Agreement with the St. Johns River Water Management
District for$20,000 grant for storm water management program(City Manager)
B. Authorize Mayor to sign all paperwork relative to FDOT grants for the Police
Department for 2000/2001 (City Manager)
C. Action on request of Councilman Jerry Holland for a contribution to the operating
costs of Dial-A-Ride (Mayor)
9. City Manager Reports:
• 10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
r
Page Three AGENDA September 11, 2000
•
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 ofthe 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,any agenda
subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission.
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,September 8,2000.
•
•
,
v v
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O 0
T T
BEACH CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE E E
• ROAD AT 7:15 P.M. ON MONDAY,SEPTEMBER 11, 2000 S S
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tern
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager M S
Maureen King, City Clerk 0 E
T C
I O Y
ABSENT: Alan C. Jensen, City Attorney ONE N
ND S O
COMMISSIONERS
Me meeting was called to order by Mayor Meserve at 1:15 p.m. The
invocation was offered by Mayor Meserve followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the regular meeting held
August 28, 2000
411, The minutes of the Regular Meeting held August 28, 2000 were
unanimously approved as presented.
2. Courtesy of the floor to visitors:
Alan Potter of 374 Second Street spoke in opposition to the following
items in the proposed budget: (1)transfer of$400,000 from water/sewer
to the general fund, (2)the proposed 14% water/sewer rate increase, (3)
an increased expenditure of$200,000 at the Buccaneer Sewage
Treatment Plant, and(4) the 4% across the board pay increase for city
employees.
Dorothy Kerber of 365 1St Street spoke in support of Dial-A-Ride and
indicated that in the past the city had provided office space for Dial-A-
Ride. She also indicated that various service organizations gave
monetary support to the program.
Don Remley of 1309 Violet Street stated that some unknown residents
of the Marsh Oaks area were throwing trash in a drainage ditch, which
he felt contributed to recent flooding problems. He requested
Commission consideration of a police bicycle patrol of the area to solve
• this and other types of minor problems. Mr. Remley also expressed
concern that Mosquito Control was spraying the beach area at 7:00 a.m.
i
r
M S
O E
T C
Minutes Page -2- I 0 Y
September 11, 2000 ONE N
• COMMISSIONERS N D S 0
when residents were walking on the beach and suggested that the
spraying occur earlier.
Pat Pillmore of 995 Camelia Street stated that she had read a recent
newspaper article which inferred that a bicycle path would be constructed
on the Mayport Road flyover. Ms. Pillmore disapproved of any bicycle
path being built on the flyover. Mayor Meserve indicated that the article
was misleading and that the bicycle path would be constructed across the
Intracoastal Waterway bridge on Atlantic Boulevard, and up to the
intersection, but not on the flyover.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) Whether or not Aikenhead and Odom's preliminary plan for moving
water on the numbered streets included underground piping, (2)the
recent report concerning speeding on Seminole Road did not list the
number of cars driving the speed limit, (3)did not feel a utility rate
increase was justified, and (4) the proposed utility deposit of$125 was
too high and inquired as to how long it would be retained by the city
before being refunded.
• Stephen Kuti of 1132 Linkside observed that the bicycle lanes recently
constructed on Atlantic Boulevard by the Jacksonville Transportation
Authority (JTA) were never used. He opposed the JTA's design for
bicycle lanes from the Intracoastal Waterway bridge to the flyover as
being too narrow.
Mr. Kuti also stated that his questions concerning the core city drainage
project were not answered during the September 79'public hearing and
inquired as to when he might expect a response.
Alan Potter spoke in opposition to the Aikenhead and Odom
Preliminary Drainage Report and inquired how they could use the
existing old, decaying undersized pipes in the core city area as part of the
drainage system. He also inquired as to when the preliminary drainage
report and modeling would be available for inspection by the public. Mr.
Potter felt the city paid too much for the preliminary report.
3. Unfinished business from previous meeting
A. Follow-up report from the meeting of August 28, 2000 (City
Manager)
410 City Manager Hanson requested Commission input on the following
items in his written report:
1
, M S
O E
T C
Minutes Page -3- I o Y
September 11, 2000 ONE N
• COMMISSIONERS N D S 0
Retention Pond - East Side of Mayport Road
City Manager Hanson requested comments on the retention pond
proposed by the JTA.
Mayor Meserve disapproved of the current retention pond design which
included a chain link fence with barbed wire surrounding the pond. He
felt the retention pond should look more like a lake with landscaping
since it would be built adjacent to the site of the new motel now under
construction. The Commissioners agreed with the Mayor.
Mayor Meserve requested that the City Manager contact the JTA with
the city's concerns. The Mayor indicated that he would also contact
appropriate representatives of the JTA with the city's concerns.
Ball Field Maintenance at Jack Russell Park
City Manager Hanson reported that maintenance cost for mowing the
recently resodded baseball field at Jack Russell Park was very high. He
recommended that the city purchase a reel mower at a cost of$5,500 to
Sallow
city crews to maintain the field at a lower cost.
Commissioner Beaver informed the Commission that the Atlantic Beach
Athletic Association(ABAA) had already purchased a reel mower, and
suggested that the City Manager and Parks and Recreation Director
contact ABAA regarding who should maintain the field and at what
level.
Discussion concerning the high maintenance sod planted by ABAA
ensued, and following further discussion, it was the consensus of the
Commission that the City Manager and Parks and Recreation Director
meet with the Board Members of ABAA to come to an understanding
concerning their operation and report their findings to the Commission.
11th Street Parking Petition
City Manager Hanson reported that the parking problem on 11`h Street
had been resolved and required no Commission action.
Regarding Item 3B, Commissioner Waters reiterated his preference for
signage painted on the street and commented that much of 11`h Street was
so overgrown that if a car parked along the street an ambulance could not
• get by. He also pointed out that the traffic signs on 121h Street did not
face traffic.
S
M S
O E
T C
Minutes Page -4- I o Y
September 11, 2000 ONE N
• COMMISSIONERS N D S 0
City Manager Hanson indicated he would keep communication open
with the residents concerning these matters.
Federal Legislation Concerning Local Zoning Authority
Commissioner Mitchelson suggested that a letter be sent to the Florida
League of Cities opposing the proposed legislation which would limit the
ability of local governments to control zoning.
Motion: Send a letter to our local legislators, fellow cities and BEAVER X X
the League of Cities strongly opposing the Taking Bills BORNO x
MITCHELSON X X
proposed in Congress. (Community Development Director WATERS x
Worley's memo dated September 5, 2000, explaining the Takings MESERVE x
Bills is attached and made part of this official record as
Attachment A).
There being no further discussion, the motion carried unanimously.
Contract for Atlantic Boulevard Median Maintenance
• Commissioner Beaver suggested the city observe "zero tolerance"
concerning the maintenance and require it be done correctly.
B. Discussion and possible action relative to stop sign at 11th
Street and East Coast Drive (City Manager)
City Manager Hanson summarized the report given by Chief Thompson.
A brief discussion ensued and it was the consensus of the Commission to
leave the stop sign in place since it created no problem.
4. Consent Agenda:
Commissioner Waters requested that Item 4A be removed from the Consent
Agenda for further discussion.
B. Award contract to Wilson & HSL Roofing in the amount of
$12,500.00 for re-roofing of the City facility at 902 Assisi
Lane, pursuant to the specifications of Bid No. 9900-21 (City
Manager)
C. Extend contract with Calciquest for Orthophosphate for
• Buccaneer Water System for one additional year in
accordance with their proposal submitted under Bid No.
9798-39 (City Manager)
M S
O E
T C
Minutes Page -5- I o v
September 11, 2000 ONEN
• COMMISSIONERS N D S 0
D. Award annual contract to Gruhn May, Inc., for point repairs
to the city's water distribution, and sanitary and storm sewer
collection systems pursuant to their proposal submitted under
Bid No. 9900-24 (City Manager)
E. Award contract to Atlas Electric for electrical motor and
pump repairs pursuant to their proposal submitted under Bid
No. 9900-25 (City Manager)
F. Authorize staff to submit the Third Annual Storm Water
Management Plan Report to EPA (City Manager) BEAVER X x
BORNO X X
Motion: Approve Consent Agenda Items B-F as MITCHELSON X
recommended. WATERS X
MESERVE X
There was no discussion and the motion carried unanimously.
A. Acknowledge receipt of monthly reports from Building,
Occupational License, and Public Works (City Manager)
BEAVER X X
BORNO X X
• Motion: Approve Consent Agenda Item A as presented. MITCHELSON x
WATERS X
Commissioner Waters inquired concerning the Odor Control System for MESERVE X
the Buccaneer Wastewater Treatment Plant(Item #5 in the Public Works
Department Project Status Report). Public Works Director Kosoy
explained how the system worked, and stated that it had been received
and would be installed soon.
Commissioner Waters also inquired concerning the quality of the sand
mentioned in Item #19 - Beach Renourishment of the Public Works
Department Project Status Report. Public Works Director Kosoy
indicated that he had spoken with the City of Jacksonville and he was
told the sand would come from the ocean. Commissioner Waters stated
that he wanted to make sure the sand deposited on the beach was clean
and of a good quality.
Commissioner Mitchelson stated he was informed that the sand would be
river dredged from Blount Island and barged to Atlantic Beach. He
further stated that he would find out more at the Beaches and Shore
Preservation annual conference later in the week, and would bring the
information back to the Commission.
0 There was no more discussion and the motion carried unanimously.
M S
O E
Minutes Page -6- I 0 Y
September 11, 2000 ONE N
• COMMISSIONERS N D S 0
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 45-00-15 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 20, TAXATION,
SECTION 20-59, SCHEDULE OF FEES; AND PROVIDING
AN EFFECTIVE DATE (City Commission) BEAVER X X
BORNO X
Motion: Adopt Ordinance 45-00-15 on final reading. MITCHELSON X X
WATERS X
MESERVE X
Mayor Meserve read presented the ordinance in full, in writing. He then
opened the floor for a public hearing and invited comments from those
present.
• No one spoke in favor of or in opposition to the ordinance and the Mayor
declared the public hearing closed.
There was no discussion and the motion carried unanimously.
B. Action on proposed budget:
(i) Public hearing and setting of tentative millage rate for
fiscal year 2000/2001
Mayor Meserve announced that the tentative millage rate was 3.1721
mills for operating purposes for fiscal year 2000/2001, which represented
a 9.1456% increase over the rolled back rate of 2.9063 mills.
BEAVER X X
BORNO X
Motion: Adopt a tentative millage rate of 3.1721 mills for MITCHELSON x X
operating purposes for fiscal year 2000/2001. WATERS X
MESERVE X
Mayor Meserve opened the public hearing and invited comments from
those present in the audience.
Since no one spoke for or against the tentative millage rate, the Mayor
declared the public hearing closed.
110 There was no discussion and the motion carried unanimously.
, ,
M S
0 E
Minutes Page -7- I O Y
September 11, 2000 ONE N
• COMMISSIONERS N D S 0
(ii) Ordinance No. 20-00-47: Public hearing and first
reading
AN ORDINANCE ADOPTING THE FINAL
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 2000/2001
BEGINNING OCTOBER 1,2000 AND ENDING
SEPTEMBER 30,2001
Mayor Meserve read the ordinance by title only and stated that the
ordinance would adopt a tentative operating budget of$26,510,640 for
fiscal year 2000/2001. BEAVER X
BORNO X X
Motion: Approve Ordinance 20-00-47 on first reading. MITCHELSON X X
WATERS X
Mayor Meserve then opened the floor for a public hearing, and the MESERVE X
following citizen spoke concerning the proposed budget:
Alan Potter of 374 Second Street spoke in opposition to the across the
board 4%pay increase and suggested that all employees be given $1,000.
He also opposed the transfer of$400,000 from the water/sewer fund to
ithe general fund and requested that this transfer be removed from the
budget.
Since no one else wished to speak,the Mayor closed the public hearing.
It was pointed out that the City Manager was not included in the 4%pay
increase.
City Manager Hanson responded that it was a good business practice for
the city to make a profit from its utilities and there was nothing illegal or
unethical with the practice. He indicated that the 25% surcharge to
Buccaneer customers approximated the $400,000 amount being
transferred.
There being no further discussion,the motion carried unanimously.
C. Ordinance No. 45-00-48 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING
OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000
(City Manager) BEAVER X
BORNO X X
X X
• MITCHELSON
Motion: Approve Ordinance 45-00-48 on first reading. WATERS X
MESERVE X
M S
O E
T C
Minutes Page -8- I o Y
September 11, 2000 ONEN
• COMMISSIONERS N D S 0
Mayor Meserve announced that the public hearing and final reading of
the ordinance would take place on September 25, 2000. Mayor Meserve
explained that the ordinance covered year end budget modifications.
Commissioner Waters commented on Item 2 of the budget modifications
and believed the city should be reimbursed these costs by the person
responsible for the action.
There were no further comments and the motion carried unanimously.
D. Ordinance No. 80-00-62 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, ARTICLE II,
WATERWORKS SYSTEM, SEC. 22-20, FEE TO RE-
ESTABLISH SERVICE AFTER CUT OFF OR TRANSFER
TO REQUIRE PAYMENT OF A TURN ON FEE FOR NEW
SERVICES; SEC. 22-27, CHARGES FOR WATER
SERVICES, TO INCREASE CHARGES FOR WATER
SERVICE; SEC. 22-27.1, UTILITY DEPOSITS,TO SET A
DEFINED DOLLAR AMOUNT FOR RESIDENTIAL
S DEPOSIT; TO AMEND ARTICLE III,WASTEWATER
SYSTEM, DIVISION 7, SEC. 22-166, ESTABLISHMENT
OF A MONTHLY BASE CHARGE TO INCREASE THE
BASE CHARGE FOR SEWER SERVICE; SEC. 22-167,
SCHEDULE OF WASTEWATER VOLUME CHARGES,
TO INCREASE THE VOLUME RATE FOR SEWER
SERVICES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE (City Manager) BEAVER X
BORNO X X
MITCHELSON X X
Motion: Approve Ordinance 80-00-62 on first reading. WATERS X
MESERVE X
Mayor Meserve read the ordinance by title only and announced that the
final reading and public hearing of the ordinance would take place on
September 25, 2000.
Mayor Meserve pointed out that even with the proposed increase, the
citizens of Atlantic Beach would still enjoy the lowest water and sewer
rates in the area.
Instead of two 8% increases, Commissioners Waters and Mitchelson
preferred that the increases be spread out over a longer period of time.
• There was no further discussion and the motion carried by a four to one
vote with Commissioners Beaver, Borno, Mitchelson and Mayor
Meserve voting aye and Commissioner Waters voting nay.
• M S
O E
Minutes Page -9- I O Y
September 11, 2000 ONEN
• COMMISSIONERS N D S 0
8. Miscellaneous Business:
A. Authorize the Mayor to sign Agreement with the St. Johns
River Water Management District for$20,000 grant for
storm water management program (City Manager)
BEAVER X X
BORNO X X
Motion: Authorize the Mayor to sign Agreement with the St. MITCHELSON X
Johns River Water Management District for $20,000 grant WATERS X
for storm water management program. MESERVE X
There was no discussion and the motion carried unanimously.
B. Authorize Mayor to sign all paperwork relative to FDOT
grants for the Police Department for 2000/2001 (City
Manager)
BEAVER X X
BORNO X X
Motion: Authorize Mayor to sign all paperwork relative to MITCHELSON X
FDOT grants for the Police Department for 2000/2001. WATERS X
MESERVE X
There was no discussion and the motion carried unanimously.
• C. Action on request of Councilman Jerry Holland for a
contribution to the operating costs of Dial-A-Ride (Mayor) BEAVER x X
BORNO X
Motion: Provide funding in the amount of$1,000.00 for Dial- MITCHELSON X X
A-Ride. WATERS X
MESERVE X
Commissioners Beaver, Borno and Waters spoke in favor of the request.
There was no further discussion and the motion carried unanimously.
Relative to the request for a donation of$2,500 toward the installation of
lighting at the multi-purpose athletic field at Beaches Baptist Hospital as
a joint venture with the City of Jacksonville Beach, which was approved
at the August 28, 2000 Commission Meeting, Mayor Meserve indicated
that the city would not be donating the funds since he had discovered that
the request was from a Councilman on behalf of a private organization,
and not on behalf of the City of Jacksonville Beach.
9. City Manager Reports:
Architectural Services -Adele Grage Community Center
• City Manager Hanson reported that he had received a Contract
Agreement for architectural services from Tat Chan in the amount of
. M S
O E
Minutes Page -10- • 0 Y
September 11, 2000 ONEN
• COMMISSIONERS N D S 0
$35,540. He indicated that the scope of services included three phases
and associated fees which could be accomplished in ten months. City
Manager Hanson stated that the agreement price did not include a model
or color rendering of the building which is often used for fund raising
purposes.
Discussion ensued concerning the budget for the project. Commissioner
Beaver indicated that payment of the Architectural Service fees would
come from the amount budgeted for the project. City Manager Hanson
indicated that $100,000 was included in the 2000/2001 budget and that
Commissioner Beaver had indicated that his group would like to raise
$200,000 privately for the renovations.
BEAVER X X
BORNO X X
Motion: Accept the proposal of Tat Chan for Architectural MITCHELSON X
Services for all three phases in the amount of$35,540. WATERS X
MESERVE X
There was no more discussion and the motion carried unanimously.
10. Reports and/or requests from City Commissioners and City
Attorney
• Commissioner Beaver
• Reminded the Commissioners of the ribbon cutting ceremony for
Bull Memorial Park at 10:00 a.m. on Saturday, September 16,
2000.
• Stated he would still like Mort Hanson to come to a Commission
meeting, but he observed when he was at the beach that most
residents keep their lights off. He felt that Atlantic Beach was
doing a good job to protect the hatchlings.
Mayor Meserve indicated that Mr. Hanson would come to a
meeting after the turtle hatching season is over.
Commissioner Borno
• Stated he rode with Mr. Hanson and did not see many lights
shining on the beach. He also felt the residents were doing a
good job without an ordinance.
Commissioner Mitchelson
• • Reported he would be attending the Florida Shore and Beach
Preservation Association Conference September 13 -15t and
M S
O E
T C
Minutes Page -11- I 0 Y
September 11, 2000 ONE N
•
COMMISSIONERS N D S 0
would bring back to the Commission any new information.
• Stated he would like a yearly letter sent to ocean front residents
reminding them of the sea turtle hatching season.
Commissioner Borno responded that the Resolution passed by the
Commission required that a yearly letter be sent to ocean front
residents.
Commissioner Waters
• Inquired as to the progress on the 10 Street beach access and
was told that the city had completed installation of the limerock
base and landscape materials would be delivered soon.
• Inquired concerning the cement circular area outside the Adele
Grage Community Center and was told it was an area for seating
and the cap still needed to be installed.
• Suggested all Commissioners avail themselves of the training
• provided for new government officials by the Florida League of
Cities.
Mayor Meserve
• Updated the Commission on a meeting with the Jacksonville
Economic Development Commission and the City Planning
Department concerning the Mayport Road Corridor Project and
reported that they seemed very receptive to taking the project on
as an economic development issue, and had received a$60,000
grant for a study of the area.
He further stated that he was continuing discussions with public
officials, including a Council Member at large and Sam Mousa
concerning this matter, and that he had also spoken with the
architect who will perform the study. The Mayor said he would
keep the Commission informed as the discussions continue.
• Stated he would also contact the City of Jacksonville concerning
the city's dislike of the Mayport Road retention pond.
Commissioner Mitchelson
• • Inquired concerning the status of the flyover project and was
informed by City Manager Hanson that the waterline relocation
M S
O E
Minutes Page -12- I o Y
September 11, 2000 ONE N
4110
COMMISSIONERS N D S 0
construction for the flyover project would begin the following
day.
Commissioner Waters
• Inquired concerning the status of purchasing Johnston Island for
additional park land.
Mayor Meserve indicated that the asking price was too high
and it was a dead issue for now.
There being no further discussion or business to come before the
Commission, the Mayor declared the meeting adjourned at 9:05 p.m.
John Meserve
Mayor%Presiding Officer
ATTEST:
• ___ - 'i...
Mau en King
Certified Municipal Clerk
•
.
' ATTACHMENT A
SEPTEMBER 11, 2000 COMMISSION MEETING
• MEMORANDUM
TO: Jim Hanson, City Manager
FROM: George Worley, Community Development Director
DATE: September 5, 2000
RE: Takings Bills
At the last regular City Commission meeting Commissioner Borno expressed concern for
an issue addressed in the August 21, 2000 Nation's Cities Weekly newsletter. The issue involves
two takings bills proposed in Congress. The bills are H.R. 2372, "The Private Property
Implementation Act of 1999," introduced by Rep. Canady(R-FL), and S. 1028 "The Citizens
Access to Justice Act of 1999," introduced by Sen. Hatch(R-UT). Both bills would adversely
impact local government authority by permitting landowners or developers to bypass state and
local courts and take their land use grievances directly to federal courts.
These bills doubly impact municipalities in Florida because of our Home Rule principles.
The bills will allow a property owner or developer who is denied a zoning or development related
permit to by-pass local administrative appeals, state administrative appeals and state courts of
appeal and take their claims directly to federal appeals court. The bills would allow the local
decision to be up-held or over-turned in federal court far from the community effected by such
decisions. Because the bills do not directly attack the ability of local jurisdictions to make land
use decisions they have the appearance of protecting property owners rights. However, the ability
to over-turn local decisions at federal level potentially nullifies the police powers of local
governments.
There exists an elaborate, layered array of appellate actions available to property owners
or developers who are denied the use of their land by local land use decisions. These have proven
to provide protection to both the property owner and the local government. They provide a well
balanced forum for appeals the gives just regard to both the principles of Home Rule and the
guiding language of the Fifth Amendment to the Constitution with its protection of private
property rights. Modifying or replacing this established process without firm evidence of misuse
is tantamount to repairing something that is not broken.
I believe the City of Atlantic Beach should actively oppose adoption of both the House
and the Senate bills. I will assist in preparation of letters to House and Senate members on behalf
of the City Commission if they so desire. For additional information, I have attached a reprint of
an article from the National League of Cities Website.
•
Ir ,
Agenda#3A
September 11, 2000
"Excerpt from the National League of Cities Website"
•
TAKINGS
Background
Two takings bills, aimed specifically at local government authority, would permit landowners to
bypass state and local courts and procedures and take their land use grievances directly into
federal court. The bills are H.R. 2372, "The Private Property Implementation Act of 1999,"
introduced by Rep. Canady (R-FL), and S. 1028 "The Citizens Access to Justice Act of 1999,"
introduced by Sen. Hatch(R-UT). Both bills would permit an award of attorney's fees to any
prevailing plaintiff. In a nutshell, these bills seek to federalize land use law because, if enacted,
local land use decisions would be made increasingly by the non-elected federal judiciary, not by
local communities.
This legislation would also overturn existing law which requires that state courts review local land
use decisions before a case is "ripe" for federal court. This rule of law was first laid out by the
U.S. Supreme Court in the case of Williamson County Planning Commission v. Hamilton Bank of
Johnson City in 1985. The Williamson County case stated that in order to present a ripe taking
• claim in federal court, a taking claimant must: (1) present a "final decision regarding the
application of the regulations to the property at issue" from "the governmental entity charged with
implementing the regulations"; and (2) demonstrate that the claimant requested "compensation
through the procedures the State has provided for doing so." In other words, a property owner
must first make every effort to resolve land use disputes through the local public hearing, review
and appeals process before going into federal court. The proposed legislation would essentially
eliminate both prongs of this established Supreme Court ripeness test.
NLC Position and Policy
NLC has specific policy which "opposes federal regulations, statutes or amendments which place
restrictions on state and local government actions regulating private property or requiring
additional compensation beyond the continually evolving judicial interpretations of the Fifth
Amendment of the United States Constitution." (National Municipal Policy § 1.06(J). Local
elected officials adopt ordinances, approve building permits and grant zoning variances, not for
the purpose of infringing on property rights, but rather for the opposite reason, to protect the
property rights of all members of the community.
Because the bills propose bypassing of local procedures and state court review,there would be an
adverse impact on local governments. First, there would be more frequent and more expensive
litigation against local governments because, by circumventing administrative procedures at the
local level, land use disputes would be in court at a far earlier point in the process. In addition, the
bills would force local governments to defend challenges to their land use decisions in distant and
• more expensive federal courts. This would result in an enormous financial burden on smaller
communities that do not have the resources to allocate to costly federal court litigation. In sum,
• .
a 4 Agenda#3A
September 11, 2000
S
these bills place a huge unfunded federal mandate on cities and towns across America. Second,
this legislation would seriously undermine the ability of local elected officials to protect public
health and safety, safeguard the environment, and support the property values of all residents of a
community. By granting developers a number of significant new procedural advantages in land
use litigation, the bills would provide developers and other claimants greater leverage to challenge
local land use planning regulations. Local elected officials would be forced into the position of
either having to approve a project or face daunting legal expenses. Developers would have little
incentive to resolve their disputes with the neighbors or negotiate for a reasonable settlement
outside of the courtroom
Finally, the proposed legislation would circumvent the careful and open processes that have been
established under state law to assure that other property owners have an opportunity to make
their case, and that all the facts of the situation have been thoroughly examined. By-passing the
local hearing and appeals process would effectively undermine the ability of interested citizens to
comment upon and influence land use decisions which are important to the future of their
communities.
H.R. 2372 has survived a markup and vote in the House Judiciary Subcommittee on the
Constitution and is awaiting full Judiciary Committee action. The Senate is watching the House
bill's progress and therefore has not scheduled S. 1028 for action, but this bill will move quickly if
the House bill receives a favorable vote in the House Judiciary Committee.
•
•
t_;,
MINUTES OF THE JOINT WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION
AND COMMUNITY DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS AT
5:00 P.M. ON MONDAY, SEPTEMBER 11, 2000
City Commissioners Present:
John S. Meserve, Mayor
Mike Borno
Rick Beaver
Theo Mitchelson
Dezmond Waters, City Commissioners
Community DevelopmentBoard Members Present:
Mary Walker
Robert Frohewein
Craig Burkhart
Staff Present:
Jim Hanson, City Manager
George Worley, Community Development Director
Don Ford, Building Official
Maureen King, City Clerk
• The meeting was held for the purpose of reviewing the draft of the proposed new zoning ordinance.
Mayor Meserve called the meeting to order and requested that George Worley make his
presentation regarding impervious surfaces.
George Worley said he had taken a conservative approach to the matter of placing restrictions on the
amount of impervious surfaces which would be allowed. He indicated he had researched the
ordinances of other cities and found a variety of standards. He said he had also researched lots in
Atlantic Beach and found that impervious surfaces covered ranged from approximately 35% to
approximately 60% and found that lots generally fell within three major categories
Discussion ensued regarding how the ordinance would be administered and it was felt that it should
be kept as simple as possible,otherwise it could add an undue burden on both staff and homeowners.
Commissioner Mitchelson felt the city needed an impervious surface ordinance in order to protect the
major infrastructure project on which the city is about to embark, even if it did add to the work
burden of staff.
Discussion ensued regarding various concepts,whether a certain percentage should be adopted city-
wide or whether different percentages should be applied to different size lots. The City Commission
also discussed enforcement and mitigation requirements. Commissioner Beaver felt that limiting
impervious surface would also add to the aesthetics in the city. He also felt that the ordinance should
be clearly written so that it could be enforced by staff and the need for variances kept to a minimum.
Commissioner Mitchelson felt that wood decks should not be considered impervious. The Mayor
•
I . - -.
ep Page Two
Minutes -Joint Workshop
September 11, 2000
also felt that the area under houses which were built off grade, should not be considered impervious
surface.
Discussion ensued regarding the fact that no permits were required for on-grade decks and patios and
it was felt that language would have to be included which would clarify this matter and require
permits where necessary. It was felt that a very precise definition of impervious needed to be
developed and also consideration given to the use of the new semi pervious materials available today.
Discussion ensued regarding rebuilding structures which were destroyed by fire or hurricane and
Robert Frohwein felt it would be in the city's best interest to have structures rebuilt to the current
city codes to correct instances where current setbacks were not observed, and in some instances
where structures were partially located on city property.
Commissioner Mitchelson inquired regarding penalties which would be levied against property
owners who constructed impervious surfaces without first obtaining permits and it was pointed out
the existing penalty was double the permit fee, and if the structure was not permittable, the owners
• would be required to remove the structure.
The Mayor recommended that impervious surfaces be limited to 50% across the board and
allowances made for semi permeable surfaces, with wood decks to be considered as pervious. The
Commission and Community Development Board concurred.
George Worley said he would provide a new definition of impervious surface for the next meeting.
Commissioner Mitchelson felt property owner should not be allowed to apply for a impervious
surface variance.
The Mayor declared the meeting adjourned at 7:05 p.m.
Maureen King
City Clerk
III