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Draft Min 5-24-04 L ~" B. Ordinance No. 25-04-36 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH REQUIREMENTS OF !""" THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE THEREOF C. Ordinance No. 95-04-87 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OFFENSES, BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS;" SETTING FORTH REGULATIONS FOR THE POSSESSION OF FIREWORKS; .PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 95-04-88 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12, NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 90-04-185 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE No. 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's 2003-2004 CDBG contract (City Manager) B. Appointments to fill vacancies on two Pension Boards (City Manager) C. Adopt the revised City of Atlantic Beach Cross-Connection Control Policy Manual (City Manager) 9. City Manager 10. Reports and/or requests from City Commissioners and City Attorney Adjournment ~• If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record. of the proceedings, and, for such purpose, may need to ensure that a ~, verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at,this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, June 11, 2004. 2 MINUTES REGULAR CITY COMMISSION MEETING May 24, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 10, 2004 Motion: Approve Minutes of the Regular Meeting of April 26, 2004, as presented. Resolutions Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions: ~ A. Resolution No. 04-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER ~,,, OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Motion: Approve Resolution No. 04-05. Mayor Meserve read the Resolution in its entirety and presented the framed „~„ document to Mr. Schiegg and thanked him for his many years of community support. May 24, 2004 REGULAR COMMISSION MEETING Pale 2 Commissioner Parsons noted that Mr. Schiegg was top salesperson for the Gator Bowl Association and thanked him for his work with the organization. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors Stuart Kimmel of 1883 Beach Avenue spoke in opposition to the dune walkover (Item 8C) as constructed at 1897 Beach Avenue; Steve Shirley of 1881 Beach Avenue also expressed opposition to the dune walkover and stated that it obstructed his view of the ocean; George Santayana of 1886 Beach Avenue urged the Commissioners to have the dune walkover removed and stated that the walkover ordinance was drafted to allow construction of walkovers without destroying the view; Lisa Pelkey of 1887 Beach Avenue provided photographs of the dune walkover and indicated she was opposed to the structure, which violated the city code and obstructed her view; Amalia Wappes of 1885 Beach Avenue stated she was opposed to the walkover and noted that there was a handicapped accessible walkover at 19th Street that could be used by the family at 1897 Beach Avenue. Mrs. Wappes indicated that the walkover as constructed blocked her view and she urged the Commissioners to preserve the view for those residents who purchased beachfront property. Mary McCarthy of 325 1St Street, Adeline Barrack of 374 1St Street, and !~'" Dorothy Kerber of 365 1St Street, expressed concern that the wall being constructed on the northwest corner of the intersection of 1St Street and East Coast Drive obstructed the view of those traveling on 1St Street. Ms. Kerber ~"' suggested the installation of a four-way stop at the intersection as a possible solution to the problem. ""' Former Commissioner Mike Borno of 223 Ocean Forest Drive N. spoke in support of the ordinance banning the use of fireworks within the municipal boundaries of the city (Item 7C). A. Proclamation recognizing the week of June 7-11, 2004, as Code Enforcement Officers Appreciation Week Mayor Meserve read the Proclamation in its entirety proclaiming the week of June 7-11 as Code Enforcement Officers' Appreciation Week and `~ presented the Proclamation to Alex Sherrer, the city's Code Enforcement May 24, 2004 REGULAR COMMISSION MEETING Page_ 3 Officer. Mayor Meserve commended Mr. Sherrer for his ability to work with residents to bring their properties into compliance. Item 8A was taken out of sequence and acted on at this time. A. Rescheduled public hearing to consider a request for aUse-by- Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision) Motion: Approve request for aUse-by-Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24-156 to allow a proposed building height of 32-feet, exceeding the 25- foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision). Chris Hionides, owner of the property, stated that the Community Development Board approved the project last year, but to address concerns of the Town Center merchants, changes were made to the original design. He believed the project would benefit the Town Center merchants and citizens. Michael Dunlap, architect for the project, displayed an architectural ~""' rendering of the building and provided details of the project. He indicated that the previous request was for a mix of office and retail use, but now the use would be limited to 8,872 square feet of professional office space. He "~ pointed out that the original request sought a reduction in off-street parking spaces from 28 to 13, but the current plan called for 22 spaces with a five- space reduction to 17. Mr. Dunlap also requested that the width of the "~" required parking spaces be reduced from the required ten feet to nine feet, and that a waiver be granted to allow a building height of 32 feet. After the presentation, Mayor Meserve opened the floor for a public hearing. .. blay 24, 2004 REGULAR COMMISSION MEETING Page 4 ~ Nadine McDade of 54 East Coast Drive noted the large size of vehicles being driven today, and opposed the request to change the width of the parking spaces from 10' to 9'. Dorothy Kerber of 365 1St Street opposed any reduction to the required number of parking spaces and the waiver to the 25' building height ~, limitation. Mrs. Kerber also expressed concern that construction of the building would add to the drainage problems of that area. ~„ Dick Hilliard of 338 llt" Street expressed concern that runoff from the building would contribute to the flooding problems on Ahern Street. He also requested that the 25' height limitation be maintained. Richard Allen of 320 8t" Street opposed the project stating the commercial venture would negatively impact the adjacent residential area. He believed the residential community was what made Atlantic Beach special. John Brocato of 1259 Linkside Drive stated he was a business owner in +~ Town Center and attended the Parking Committee meetings. He felt the project would be a benefit to the area because the parking spaces could be used by other businesses during evening hours. Former Commissioner Mike Borno of 223 Ocean Forest Drive N., who served as Chair of the Town Center Parking Review Committee, stated that the committee had determined there was a shortage of parking spaces in the area. He requested that the request for reduced parking be denied until the Overlay Zone guide recommended by the Committee is established. Pat Pillmore of 995 Camelia Street who served on the Community Development Board, stated she was happy to see the green space and use of turf blocks. She believed the requested reduction in parking spaces was reasonable. Stephen Kuti of 1132 Linkside Drive believed the requested 9' wide parking spaces would be too narrow and the request should be denied. He also inquired concerning the number of offices and employees in the building. Ed McDade of 54 East Coast Drive stated he had two problems with the project -parking and runoff in the area. Mr. McDade stated his property was across the street from the proposed development and he had to fence ~ his back yard to keep people from parking there. He indicated that even with the recent improvements, the intersection floods and he believed the building would add to the flooding and parking problems. s May 24 2004 REGULAR COMMISSION MEETING Page 5 Dick Hilliard of 338 11th Street stated that turf block does not work in a ~ heavy rainfall and believed a retention pond should be required. Gerard Vermey of 65 Shell Street commented that twenty years ago he ~ was involved with the covered area design of Town Center and there always had been a parking problem because businesses did not share parking. He ~ believed a parking garage should be constructed to solve the problem. Mr. Vermey stated he had no problem with the height of the building. Niall Falloon of 1717 Beach Avenue believed the two-story commercial building would be good for Town Center and would only require daytime parking. He believed there was a perceived problem with parking in Town Center and parking regulations should be enforced if people park illegally. No one else spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning how the neighbors could be protected from illegal parking on their property. Discussion ensued and it was suggested that "No Parking" be shifted to the other side of the street. Commissioner Waters believed that large vehicles being driven today would have a problem with 9' parking spaces. Mr. Dunlap responded that the cities of Neptune Beach and Jacksonville Beach require 9' parking spaces. Mayor Meserve commented that the property owner had the right to develop his property, it was zoned commercial, and the Community Development Board recommended approval. He stated that the owner had amended the project to lower the height and increase parking. He believed there would be no parking problems during the day and the additional parking would help to resolve the nighttime parking issues of Town Center. Mayor Meserve thought a reasonable compromise had been made by Mr. Hionides to move the project forward. Commissioner Beaver agreed with the Mayor but expressed concern for the number of parking spaces and the drainage issue. He indicated that the number of offices and employees was unknown and at this time it was not known if parking would be a problem. Commissioner Beaver reminded the Commissioners that they had agreed to support the Town Center Parking Committee an not grant any parking variances until the Overlay Zone was in place. , Commissioner Parsons stated that he had no problem with the height of the building but he did have a problem with parking. He believed the size of the building should be reduced to provide adequate parking. Mr. Dunlap stated it would not be economical to further reduce the size of the building. Mav 24 2004 REGULAR COMMISSION MEETING Page 6 Commissioner Simmons expressed concern that the 9' parking spaces were too narrow and there were 23% less spaces than required by the City Code. She also believed garbage collection could be a problem in the future if the ~ Shoppes of Northshore (presently owned by Mr. Hionides), and the new building have different owners. Commissioner Simmons stated she did not want to grant conditions that would be difficult to enforce or unenforceable. Commissioner Beaver inquired of Mr. Hionides if the size of the building could be reduced to meet the on-site parking requirements. He responded that it would not be cost effective to make the building any smaller. Discussion ensued regarding conditions placed on various businesses in ~, Town Center that were never enforced. Commissioner Waters stated he wanted assurance that the garden area would be maintained and remain a garden area if the property was sold. Moved by Beaver, seconded by Waters Votes: ~.. Aye: 1-Meserve Nay: 4 -Beaver, Parsons, Simmons, Waters MOTION FAILED Item 8C was taken out of sequence and acted on at this time. C. Discussion and related action in connection with a letter from Mike Gillespie regarding a dune walkover at 1867 Beach Avenue Mayor Meserve explained it was his understanding that a permit was applied for and returned marked in red saying that some modifications had to be made to the structure. The walkover was built according to the original design without taking into consideration the city's requirements for construction of a dune walkover. The Mayor confirmed with City Attorney Jensen that no waiver could be granted and the only options would be to change the law or have someone prove that the ordinance regulating construction of dune walkovers was illegal. Mike Gillespie, the licensed contractor for construction of the walkover, distributed copies of an excerpt from Chapter 553.73 Building Construction Standards of Florida Statutes. Using ,this information as a basis for his challenge, Mr. Gillespie stated that in March of 2002 the state adopted the Florida Building Code, which made all technical and administrative amendments for construction null and void. Mr. Gillespie stated that when he constructed the walkover, he followed the drawings, with the exception of handrails. He indicated that the Florida May 24, 2004 REGULAR COMMISSION MEETING Page 7 ~ Building Code required handrails if a structure was thirty inches or more above a surface, and for safety reasons he included the handrails. Mr. Gillespie stated that when the Stop Work Order was issued, he spoke with ~ the Building Official concerning the lack of handrails in the city's plan and was informed that the handrail requirement did not apply to walkovers. ~„ Mr. Gillespie stated that for safety reasons, he did not feel this was correct and called the Florida Building Commission for an interpretation on the handrail requirement. He indicated that the person he spoke with ~~,, confirmed that handrails were required at the stated height, but that was a moot point since the walkover ordinance became illegal when the Florida Building Code was adopted. To further substantiate his case, Mr. ~,. Gillespie stated that the homeowner wanted handrails to protect their handicapped child. He also indicated that it was illegal by Federal Law to adopt an ordinance that would preclude a handicapped person and pointed .. out that the design of the walkover made it impossible to build a ramp for handicapped access. A copy of Mr. Gillespie's letter dated May 19, 2004, containing information regarding the interpretation of the city's ordinance ~!* by the Florida Building Commission is attached and made part of this official record as Attachment A. Mayor Meserve requested a legal opinion from City Attorney Jensen concerning the allegations. City Attorney Jensen stated it was his understanding that the ADA requirements did not apply to private residential properties. Building Official Ford confirmed that the requirements did not apply to single-family homes. He further stated that it was his understanding the city's dune walkover ordinance and plan were previously approved by the DEP and several walkovers had been permitted by the DEP using the city's plan. He further indicated that the Florida Building Code requirements quoted by Mr. Gillespie applied to walkways, stairways, etc. attached to buildings, not detached structures that cross over the dunes. City Attorney Jensen stated that it was his opinion that the city's dune walkover ordinance was current, valid and enforceable. Commissioner Parsons stated that there were several handicapped accessible dune walkovers in the city. He then inquired if Mr. Gillespie had '~ obtained a permit to build the structure and he stated that he had received a permit from the city and the DEP to construct the walkover. City Manager Hanson explained tl~e circumstances of the issuance of the Stop Work Order and pointed out that Building Official Ford had written the required changes on the plan in red when the permit was issued. Mayor Meserve asked Mr. Gillespie why he did not contact Mr. Ford if he had any questions concerning the required changes written in red on the ~ plans before he started construction. Mr. Gillespie stated that he believed he was building the walkover to city standards. He noted that what was ~. May 24, 2004 REGULAR COMMISSION MEETING Page 8 written in red said "no handrails" and nothing written in red dealt with the height of the structure or the benches. Building Official Ford responded that the city tried to accommodate ~ contractors on small projects and as a courtesy, he would mark the plans with red lines showing the changes that needed to be made. He indicated ~ that legally, the city could require that the plans be redrawn and new permits obtained from the state which often could take up to six months. He stated that two items on this project were red lined, the elevations and ~,,, that "no handrails" were allowed; both of which were ignored. Mr. Ford reported that he had contacted the same people at the Florida Building Commission as has been contacted by Mr. Gillespie, and received different ~~,, answers, the most significant being that asingle-family home was exempt from ADA requirements for ramps. Mr. Ford explained that the city's ordinance regulating the construction of dune walkovers was not part of the ~,,. building code, but was an approved design that meets the Florida Building Code. He stated that the plan was reviewed by an architect and an engineer and permitted by the DEP before it was codified. He believed that often w• sections of the Florida Building Code were taken out of context by contractors to make a project work, which may have happened in this case. Mr. Ford explained the elevation requirements for the walkover, pointing out that a minimum of twenty-five inches must be maintained above the dune, with an allowance of 10% above or below that figure in order to stay with the topography and avoid extreme drops and rises. Discussion ensued. Commissioner Parson commented that the walkover as ~" constructed was unattractive and obstructed the ocean view. Commissioner Simmons commented that several years ago, a group placed a bench in the dunes at 2°d Street and the DEP made the city remove it. She stated that she '~" was surprised that the DEP would allow the benches in Mr. Gillespie's plan. Mayor Meserve pointed out that the city's plan for the walkover did not have any benches. Mayor Meserve inquired if Mr. Gillespie received a ~"'' copy of the plans for the walkover. Mr. Gillespie indicated that he received a copy of the plans. IT WAS THE CONSENSUS OF THE COMMISSION THAT NO ACTION COULD BE TAKEN TO GRANT ANY WAIVERS TO THE CODE SINCE IT HAD NOT BEEN PROVEN THAT THE DUNE WALKOVER ORDINANCE WAS.ILLEGAL. IT WAS THE CONSENSUS OF THE COMMISSION THAT THE DUNE WALKOVER SHOULD BE TORN.DOWN AND REBUILT TO `~ CODE. !~" ~"' May 24, 2004 REGULAR COMMISSION MEETING Page 9 3. Unfinished Business from Previous Meeting City Manager's A. City Manager's Follow-up Report Follow-up Report There was no follow-up report. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report for April 2004 ~,,, (City Manager) B. Approve the purchase of a tractor for the wastewater treatment plant from Coastal Equipment Systems, Inc. at a cost of „~ $24,314.96 (Bid No. 0304-16) (City Manager) Motion: Approve Consent Agenda Items A and B as presented. Moved by Simmons, seconded by Waters Votes: ~* Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee Report Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory """ Committee, indicated there was a good cross section of backgrounds among committee members. Mr. Pritchett commented on several programs offered by the Recreation Department, which included Acoustic Nights, the ~"" Songwriters' Concerts, Laughter Workshop, Art Programs at Atlantic Beach Elementary School, the Teen Council surfing contest, concert in Jack Russell Park and the scholarship competition. Mr. Pritchett indicated that ""~ the committee hoped to hold a Family Fun Run in the near future. Commissioner Waters thanked Mr. Pritchett for his work and requested that the Committee look at areas that are not already developed when considering locations for art in public places. He believed the addition of art in Bull Park would compromise the architectural design of the park. Commissioner Parsons inquired concerning the surfing contest and Mr. Pritchett indicated that it was held in the fall of 2003. Commissioner Simmons stated that she enjoyed the Acoustic Nights and suggested more promotions of the Recreation Department's programs. May 24, 2004 REGULAR COMMISSION MEETING Paee 10 Item 8J was taken out of sequence and acted upon at this time. J. Appointment to the Cultural Arts & Recreation Advisory Committee (City Clerk) Motion: Appoint James Woodruff II to fill the unexpired term of Margaret van de Guchte. Moved by Meserve, seconded by Simmons Votes: Aye: 5 - Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Resolutions 6. Action on Resolutions: A. Resolution No. 04-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Resolution No. 04-OS was taken out of sequence and adopted earlier in the meeting. Ordinances 7. Action on Ordinances ~"' A. Ordinance No. 20-04-64 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL ~"' YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 20-04-64 on first reading. There was no discussion. ~ Moved by Simmons, seconded by Waters Votes: ~ Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED May 24, 2004 REGULAR COMMISSION MEETING Page 11 B. Ordinance No. 25-04-36 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE THEREOF Mayor Meserve read the ordinance by title only. Commissioner Waters inquired if the only change was the addition of item (d). Building Official Ford stated that this item was required by FEMA in ~,,, order for the city to receive a better rating under the NFIP/CRS program, and would result in a reduction in insurance rates after the city is rated. Commissioner Waters inquired concerning existing properties that do not ~,. meet the requirement. Mr. Ford responded that there was a variance procedure for below grade properties and the existing properties would be "grandfathered-in". Commissioner Simmons inquired regarding the criteria to be used if the road was constructed with an inverted crown. Mr. Ford stated the measurement would be taken from the inverted crown. Motion: Approve Ordinance No. 25-04-36 on Brst reading. Moved by Parsons, seconded by Simmons Votes: ~° Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 95-04-87 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, "~' FLORIDA, AMENDING CHAPTER 13, OFFENSES BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS"; SETTING FORTH REGULATIONS FOR THE POSSESSION OF "'" FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANACES; PROVIDING FOR SEVERABILITY; ,AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-04-87 on first reading. Commissioner Beaver requested that the language of the ordinance be consistent with the other beach cities. ~• !~* ~. May 24, 2004 REGULAR COMMISSION MEETING Page 12 ~ Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~ Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Use-by-Exception for A. Rescheduled public hearing to consider a request for aUse-by- ~„ southwest corner of Exception per Section 24-161 (i) of the City Code to reduce the Ahern Street and East required number of parking spaces from 22 to 17, and to reduce Coast Drive the width of spaces from ten to nine feet related to the proposed ,,,. development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the ~. 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision) This item was taken out of sequence and acted on earlier in the meeting. Cornell Two B. Approve Preliminary Plat for Cornell Two Subdivision finding Subdivision the proposed plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan (City Manager) Motion: Approve Preliminary Plat for Cornell Two Subdivision ~'" finding the proposed plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan. Commissioner Simmons inquired concerning who would be responsible for maintaining the common areas in the development and Ralph Marcello, representing Beaches Habitat, stated that they would be building "land condominiums" where the owners actually own their half of the duplex, up to the common wall and the land underneath it. He indicated that the only common area would be the retention pond. Commissioner Simmons also inquired concerning what would happen if someone who did not maintain their property owned half of a duplex. Mr. Marcello responded that Habitat put $35 per month ipto an escrow account for maintenance. Commissioner Waters stated that he was disappointed that Habitat was no longer building single-family homes ip Atlantic Beach. Mr. Marcello stated that cost of land and infrastructure improvements was approaching $30,000 per dwelling unit, which brought the cost of a home up to $70-75,000. He indicated that with the cost of land, they could no longer afford to build low cost single-family homes. ~!* ~. Mav 24 2004 REGULAR COMMISSION MEETING Pase 13 Moved by Beaver, seconded by Parsons Votes: ~ Aye: 1 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 1867 Beach Avenue C. Discussion and related action in connection with a letter from Dune Walkover Mike Gillespie regarding a dune walkover at 1867 Beach Avenue This item was taken out of sequence and acted on earlier in the meeting. D. Review draft language to rewrite Chapter 12, Nuisances, of the Code of Ordinances, and authorize staff to present ordinance for first reading at the next Commission Meeting (City Manager) Commissioner Waters presented a list of scrivener's errors to be corrected. Following brief discussion, staff was directed to prepare an ordinance to rewrite Chapter 12, Nuisances, for first reading at the next Commission meeting. Proposed regulations E. Review draft language to provide regulations for the "' for construction of construction of docks and boathouses and authorize staff to docks and boathouses present ordinance for first reading at the next Commission Meeting (City Manager) Commissioner Waters requested that marsh front and Intracoastal lots be included under Section 4a. Staff was directed to prepare an ordinance regulating the construction of docks and boathouses in the city for first reading at the next Commission meeting. Proposed regulations F. Review draft language to provide regulations for docking and for docking and anchoring boats and watercraft and authorize staff to present anchoring boats and ordinance for first reading at the next Commission Meeting watercraft (City Manager) There was no discussion. Staff was directed to prepare an ordinance regulating the docking and anchoring of boats and watercraft for first reading at the next Commission meeting. Mav 24 2004 REGULAR COMMISSION MEETING PaEe 14 ~ Award contract for G. Award contract for Security Improvements to Access Limited, Security Improvements as per their cost proposal dated May 10, 2004 for the following to Access Limited areas: City Hall Head End and badging system, and Water Plants 1, 2, and 3, in the amount of $96,001.45 (City Manager) Motion: Award contract for Security Improvements to Access Limited, ,~, as per their cost proposal dated Mav 10, 2004 for the following areas: City Hall Head End and bad~ing system, and Water Plants 1, 2, and 3, in the amount of $96,001.45. There was no discussion. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve s• Nay: 0 MOTION CARRIED Change Order No. 1 H. Approve Change Order No. 1 in the Country Club Lane Country Club Lane Stormwater Replacement Project in the amount of $4,722 and Stormwater authorize additional funds of $7,722 for the Stormwater Fund as Replacement Project part of the mid-year budget modification (City Manager) Motion: Approve Change Order No. 1 in the Country Club Lane ~""' Stormwater Replacement Proiect in the amount of $4,722 and authorize additional funds of $7,722 for the Stormwater Fund as part of the mid-year budget modification. City Manager Hanson reported that he had received more recent figures for the work and they maybe able to complete the work within budget, but he ~"' recommended that the Commission approve the request. The City Manager complimented Public Works Director Carper for his work to lower the cost by using the Insituform process. Commissioner Waters inquired about having Comcast move the lines since they were located in the city right-of--way. Public Works Director Carper indicated that Comcast stated they would move the lines, but it would take one to two months. Mr. Carper stated the stormwater line replacement work could be completed in two weeks using Insituform. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED May 24, 2004 REGULAR COMMISSION MEETING Page 15 Byrne Grant I. Authorize the Mayor to sign the application and related paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-005 (City Manager) Motion: Authorize the Mayor to sign the application and related paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-2005. There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Appointment to the J. Appointment to the Cultural Arts & Recreation Advisory ~. Cultural Arts and Committee (City Clerk) Recreation Advisory Committee This item was taken out of sequence and the appointment was made w• following the Cultural Arts and Recreation Advisory Committee Report. 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment B. In addition to the written report, the City Manager commented on the following: !"" • Reported the city was taking bids for health insurance. He indicated that claims for the previous year were down but the city's insurance provider, Blue CrossBlue Shield, had not offered to lower premiums. • Reported that Burton and Associates, the company performing the city's water/sewer rate study, had resolved its personnel problems and a new ~"' analyst from the company would ~be assigned to the city to finish compiling data for the rate restructuring. The final report will be available in June. It was further reported that water sales had been dropping due to conservation and repairs by large volume users and the rate increase was '~ needed to meet the city's bond covenant requirements. City Manager May 24 2004 REGULAR COMMISSION MEETING Page 16 Hanson requested Commission authorization to schedule and advertise the public hearings on the rate increase for July. By consensus, the Commissioners authorized the City Manager to schedule and advertise the public hearings for July. • Reported he authorized emergency sidewalk repairs on Plaza at Skate Road in the amount of $14,000 and for a manhole failure on West Stn Street and Orchid Street in the amount of $12,000. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Commended Building Official Ford for his well-prepared statement addressing the dune walkover issue. • Commented that he thought the Hionides project was a good one, but considering all of the negative comments presented based on the lack of parking, he voted against the project. Commissioner Parsons A. Report relative to Public Art (Commissioner Parsons) • Reported that the Atlantic Beach Public Arts Commission was waiting for the installation of the statue at the five-way intersection and had put the acquisition of additional artwork on hold for now. • Inquired concerning the construction of the wall at 1st and Ahern Streets ~ mentioned under Courtesy of the Floor to Visitors. Chief Thompson advised that the City Code prohibited visual obstructions and he would look at the wall construction. Commissioner Waters ~"' • Inquired of the City Attorney the status of the walkover discussed earlier. City Attorney Jensen responded that it would have to be brought into compliance with the city's adopted plan for walkovers. • Stated he would like to encourage Mr. Hionides to bring back an amended design for his proposed building on Ahern Street. • Requested that Joel McEachin of the City of Jacksonville be invited to speak to the Commission on ways to protect the Old Atlantic Beach area ~* Mav 24 2004 REGULAR COMMISSION MEETING Page 17 through historic preservation. Mayor Meserve suggested that he be invited to a future Workshop Meeting. ~ Mayor Meserve Mayor Meserve made the following comments on the Super Bowl: ~* • Believed not all Super Bowl fans would stay downtown and felt the beach' cities would be mobbed with fans the two days prior to the game. ~* •:• He suggested that Atlantic Beach and Neptune Beach plan an event similar to Dancing in the Street for the Friday and Saturday nights ~, before the game, while other venues could take place in designated areas in Jacksonville Beach. • He noted that the City of Jacksonville had agreed to fund flyovers of vintage aircraft between 10:00 a.m. and 4:00 p.m. on Saturday. • Commented that the city would have to budget overtime for Public Works and Police personnel and should receive funds from Jacksonville to pay overtime. • Felt the Mayors of the beach cities should arrange some type of transportation to and from the beach so those attending would not have to try to find a parking place. • Mayor Meserve believed the beach cities needed have a definite plan and then take the plan to the City of Jacksonville with a request for funding to help with the added costs. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:20 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk ~•