Draft Min 7-12-04
~!*
MINUTES
REGULAR CITY COMMISSION MEETING
JULY 12, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard 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 the Mayor, was followed by The Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of June 28,
2004
Motion: Approve Minutes of the Regular Meeting of
June 28, 2004 as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Presentation of Superior Achievement Award to Jack Baldwin
and Paul Paloti
It was reported that Jack Baldwin and Paul Paloti designed, fabricated and
installed the new walkway guardrails at the City Hall complex, which saved
the city approximately $35,000.
Mayor Meserve commended Messrs. Baldwin and Paloti for their work and
presented Mr. Paloti with a check for his share of the employee award. Mr.
Baldwin was not present to receive his award.
~ Mr. Paloti thanked the Commissioners for implementing the Superior
Achievement Award Program and stated that he was happy that Mr.
~ Baldwin and he could save the taxpayers of Atlantic Beach some money.
July 12 2004 REGULAR COMMISSION MEETING Page 2
Pat Pillmore of 995 Camelia Street commented on the proposed water rate
increase and felt the city should educate its citizens to conserve water, but if
the city needed additional revenues it should say so. She also felt that if the
city changed a sign from "No U-Turns" to "No Turns" a warning for a
violation should be issued before a ticket.
Scott Shine of 4390 Richmond Park Drive, Jacksonville, representing the
Surf Riders organization, stated that he was opposed to the city's proposed
leasing of any beach access parking spaces (Item 6B), and requested that no
leases be signed until parity is reached with the spaces gained.
Harold Brodeur of 1965 Sevilla Boulevard West opposed the
~,,,,, construction of high-rise condominiums on Johnston Island as not fitting the
residential character of the city (Items 7C and 7D). He also urged the
preservation of the marshlands.
James Fletcher of 340 Garden Lane opposed construction of
condominiums on Johnston Island as being in violation of the city's
Comprehensive Plan. He also expressed concern for increased traffic in a
high hazard area needed for hurricane evacuation and the need to conserve
"blueways." Mr. Fletcher stated he did not want a condominium built
higher than the bridge at the entryway to the city. He then inquired if any
compromises had been reached with the developers since the first
presentation, and if not, suggested that lowering the height, providing public
access to water from the site, and requiring that the development reflect the
character of Atlantic Beach, be considered.
~"' Sally Clemens of 1638 Park Terrace West believed the city was sending
conflicting messages when tree plantings and beautification projects were
being promoted, but consideration was being given to change Conservation
~"'' Lands to medium density, Residential and General Commercial (Item 7C).
She believed the city should purchase the Johnston Island property and
maintain it as a recreational area for the citizens of Atlantic Beach.
Alan Potter of 374 2"d Street stated he was opposed to the proposed
condominium development on Johnston Island. He also expressed
opposition to the proposed water/sewer rate increase, which would provide
a 7.17% increase in revenues to the city. He believed the reduced
consumption, which equated to less water being pumped, saved the city
electricity and chlorine costs, which he believed should offset the lost
revenues. He felt water consumption would increase when the military
returned from Iraq and any rate increase was unjustified.
Bob Curry of 65 10`h Street, who lives at the Island Club Condominiums,
~ spoke in favor of the city leasing ten parking spaces to the residents (Item
6B). He believed this was the right thing for the city to do to provide a
c
July 12, 2004 REGULAR COMMISSION MEETING Page 3
solution to a unique problem. Mr. Curry distributed copies of a 1998 letter
from to Richard Bonner of the Army Corps of Engineers, which stated there
would be no problem with using ten spaces adjacent to the condominium if
ten others were created for public use.
Brian Wolfe of 1884 Sea Oats Place stated that he considered but did not
buy a condominium at the Island Club due to the parking situation. He
believed the access parking spaces should remain open to the citizens of
Atlantic Beach. He believed that if they were to be rented, others maybe
willing to pay more for a beach access space than the suggested fee of $300
per year.
~,,, Dick Hilliard of 11`h Street expressed concern that the utility lines that
would run to Johnston Island would have to be supported on pilings through
the marsh and would not be very attractive.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) He believed the Commissioners should not raise the water and sewer
rates (Item 7B), and suggested that they at least lower the base utility rate
and give some type of rebate for those residents who install water-
conserving fixtures, (2) He commented that speeding was still occurring on
Sherry Drive and reminded the Commissioners that a petition signed by 78
residents had been submitted requesting that something be done about the
problem, (3) He believed beautification of the five-points area was a waste
of money, and (4) He opposed Resolution No. 04-06.
Peter Sapia of 1655 Selva Marina Drive stated that he had gone to
Johnston Island and believed height of the building should not be an issue
because the buildings could not be seen from the bridge. He suggested that
the Commissioners hold off on any improvements at the five-points area
~"' until they see what demand will be placed on Plaza after the opening of the
Wonderwood Bridge.
Sharon Scholl of 2049 Selva Marina Drive spoke in opposition to the
Johnston Island development (Items 7C and 7D) for the following reasons:
(1) The land was inches above the water and a hurricane storm surge would
destroy the buildings, (2) A marina at that particular location on the
waterway was not a good idea due to the high volume of boat traffic, (3)
Public space would be lost, and (4) The public in general was opposed to
going over the 35' height limit.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
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July 12, 2004 REGULAR COMMISSION MEETING Page 4
A. City Manager's Follow-Up Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment A.
Lease for 10th Street Parking
Public Works Director Rick Carper displayed photographs of Mandalay
Park, located one block from the 16`h Street beach access, where ten shaded
parking spaces could be created to compensate for the leased spaces on 10th
Street. He indicated that an additional three spaces could be developed on
the north end of the park. The cost to develop the parking spaces was
reported to be $29,000.
Item 6B was taken out of sequence and acted on at this time.
6B. Resolution No. 04-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPROVING THE LEASE OF PARHING SPACE
AGREEMENT FOR OWNERS OF ISLAND CLUB
CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO
+~ SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-07.
Mayor Meserve commented that the buyers of the Island Club
Condominiums were aware of the parking situation when they bought the
~" units. He believed that at least ten of the eighteen beach access parking
spaces were occupied most of the time by the condominium owners, unless
they left and the spaces became occupied on a first come, first serve basis.
~" The Mayor stated that he would like to solve the problem, if there would be
away to guarantee that the city would not lose any public parking spaces.
~"" Mayor Meserve indicated that new beach parking could be developed at
Mandalay Park. He indicated that before he could support leasing spaces, it
was important to discuss the cost because the only thing discussed was an
~" owner designed plan, which contained a nominal fee for leasing the parking
spaces. He indicated that he would like the following items to be
considered before entering into any lease for parking spaces: (1) The city
must create ten spaces or more spaces, (2) The spaces must be created and
in place before any spaces are leased to the Island Club, (3) The lease
payments would pay the city for the creation of the new parking spaces,
with assurance that the debt will be repaid within a reasonable number of
~"'
July 12, 2004 REGULAR COMMISSION MEETING Page 5
years, (4) All residents of Island Club must agree with the lease agreement
or there will be no agreement, and (5) The initial agreement would be for
one year with automatic renewal and should contain an out clause incase it
does not work out between the city and lease holders.
Commissioner Waters indicated that the problem needed to be resolved and
there was a general expectation that you should be able to park in front of
your home. He believed the city should be responsible for signage to mark
the spaces and that the new parking spaces should be created before any
leases were signed.
Commissioner Parsons agreed with the Mayor's suggestions and indicated
that he wanted a condition to be included in the lease agreement prohibiting
subleasing of parking spaces.
Commissioner Beaver commented that he had met with several of the
residents of the Island Club. He indicated this was a tough issue to resolve
because the owners purchased the units knowing there was no parking. He
stated that as soon as the city passed the resolution the property values of
the owners would increase because they now have parking. He expressed
concern with the lease fee of $300 per year the city was placing on the
parking spaces, and indicated that other city residents might also want to
rent a parking space for $300 per year. Commissioner Beaver believed the
signage and parking decals for the cars should be provided by the city. He
also requested that the residents at 16`h Street be notified of the City's intent
to create new parking spaces at Mandalay Park.
Commissioner Waters indicated that he had spoken with staff and it was
determined that two additional parking spaces could be created at the Tenth
street access allowing ten spaces for the public on the east end and ten
private spaces on the west end.
Discussion ensued and Commissioner Simmons believed something should
be tried for aone-year trial period.
Amendment to the motion: Amend the agreement to include the
~" following items: (1) The city must create at least ten new parking
spaces before any spaces are marked and leased to the Island Club, (2)
The spaces must be contiguous, (3) All or nothing -all ten residents
'~ who need parking spaces must enter into a lease agreement or there
will be no agreement, (4) There will be no subleasing of parking spaces,
~5) The city will provide signs and decals for the cars, and (6) The city
~ will register the cars being parked in the leased spaces.
+w~
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July 12, 2004 REGULAR COMMISSION MEETING Page 6
Moved by Meserve, seconded by Parsons
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 1 -Waters
AMENDMENT TO THE MOTION CARRIED
City Attorney Jensen drew the Commissioners' attention to the fourth
paragraph of the resolution and requested that they consider whether the
property to be leased was not currently needed for any municipal purpose.
He indicated that it was his opinion that the property was needed for a
municipal purpose -beach access parking.
Discussion ensued and the Mayor indicated that he would like to defer this
matter for further discussion.
Motion: Defer further discussion to the July 26, 2004 Commission
Meeting.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 4 -Beaver, Parsons, Simmons, Meserve
Nay: 1 -Waters
THE MOTION CARRIED
Agenda Items 7C and 7D were taken out of sequence and acted on at this
time.
r~ C. Ordinance No. 31-04-03 Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP,
w* AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED,
SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL
CHANGE THE LAND USE DESIGNATION AS ESTABLISHED
+~ ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS
AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND GENERAL
~""" COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, PROVIDING FOR INTENT; AUTHORITY;
""'' FINDINGS OF CONSISTENCY; FINDINGS OF FACT;
SEVERABILITY; RECORDATION AND AN EFFECTIVE
DATE
The Mayor read the ordinance by title only.
`""' Motion: Approve Ordinance No. 31-04-03 on first reading.
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July 12 2004 REGULAR COMMISSION MEETING Page 7
Community Development Director Doerr noted that there was a minor
typographical error on one of the maps contained in the staff report
package, and it should read a total of 3.6 acres of medium density
residential and .5 acres of commercial.
Anthony Robbins, of Prosser Hallock Planners and Engineers, and a
member of the Bridge Tenders, LLC project team for the redevelopment of
Johnston Island, displayed an aerial photo of Johnston Island and explained
the site contained a total of 7.5 acres, with about 4 acres of uplands. He
pointed out that the site was located three-fourths of a mile from the nearest
home and was an abandoned commercial site that had been rezoned several
times in the past, from industrial to open rural and then conservation lands.
He indicated the site was not a unique, pristine location, but was comprised
of disturbed uplands, which contained dilapidated buildings left on the
commercial site.
Mr. Robbins stated that the proposed development plan consisted of an
estimated 30-36 condominium units, a private yacht club/marina, restaurant,
abed and breakfast, parking and other amenities. He pointed out that
parking would be under the condominium buildings and there would be no
open, large surface retention ponds. Access to the site would continue to be
from the FDOT maintained road, and a traffic study had been completed
which indicated a total of 76 p.m. peak hour trips from the site.
Orientation photos illustrating the height of the condominiums relative to
the height of the bridge were displayed. Mr. Robbins stated that the initial
height of the buildings was first proposed to be 88', but the height was
lowered to a maximum of 72'. Conceptual drawings of the physical
appearance of the development were also displayed, and Mr. Robbins
briefly went over the planned amenities. He indicated that approval of the
Planned Unit Development (PUD) would require an amendment to the
Comprehensive Plan, requiring a small scale amendment to amend the 2005
Future Land Use Map from Conservation to Residential, Medium Density
and from Conservation to Commercial. A copy of the Redevelopment
Proposal for the Atlantic Beach Yacht Club is attached and made part of
this official record as Attachment B.
Mayor Meserve opened the floor for a public hearing.
Dick Hilliard, former Public Works Director for the city, pointed out
that the water and sewer lines to serve the development would have to be
elevated on pilings through the marshland, which he believed would be
unattractive.
Mr. Fletcher of 340 Garden Lane stated that he was concerned about
sound.
~ July 12, 2004 REGULAR COMMISSION MEETING Page 8
Patricia and Tom Goelz of 1359 Beach Avenue each opposed the project.
Mrs. Goelz felt the property was similar to Dutton Island and should remain
~ undeveloped, but if it was developed, the height should be limited to 35'
and there should be public access to the property. Mr. Goelz believed there
was no need for this type of development in Atlantic Beach.
Mike Mickle of 268 Vela Norte Circle requested that public access to the
property be maintained.
Pat Pillmore of 995 Camelia Street opposed the project. She expressed
concern for the wetlands and indicated that they needed to be protected
from development.
Lisa Bruno of 377 Plaza opposed the project and stated that city should
preserve green space.
No one else spoke and the Mayor closed the public hearing.
Commissioner Waters inquired concerning the utilities. Mr. Robbins stated
that the utilities would be underground, and would be built to city
specifications.
Commissioner Waters inquired concerning the ownership of the road. Mr.
!~' Robbins indicated that the road was a private road maintained by the FDOT.
Commissioner Waters stated that the city needed to clarify if the road was
private or owned by the FDOT. Commissioner Beaver concurred. He felt
~""' that if there was any public access, it should be maintained. The Mayor
stated that it was his understanding that the road was, and always had been a
private road maintained by the FDOT. Community Development Director
"`" Doerr noted that the Johnston Island property was private property and not
presently open to the public. Discussion of the status of the road ensued
and Mr. Robbins agreed to clarify the ownership of the road.
Commissioner Simmons inquired concerning the ownership of the property
south of the road and under the bridge. Mr. Robbins responded that he had
no knowledge concerning that property, and it was not part of the proposed
development.
Mayor Meserve inquired how the property was zoned when annexed. City
Attorney Jensen advised that the property was zoned IW -Industrial
Waterfront. He then read a list of permitted uses under that zoning and
pointed out some. of the permitted uses within IW zoning. He indicated that
the changes in zoning were implemented to incorporate the other areas
surrounding the property. He believed that if there were to be a lawsuit, the
July 12, 2004 REGULAR COMMISSION MEETING Page 9
owners might try to regain what was allowed on the property prior to
annexation.
Commissioner Beaver recapped some of the past uses of the property. He
recalled that at one time the city tried to purchase the property to preserve it,
but could not come to terms with the owners. He pointed out that Johnston
Island was always an industrial site. He reviewed the city's options for the
property, and stated that it would be unrealistic to think nothing was going
to be developed there. Commissioner Beaver stated that ownership of the
access road needed to be clarified. He also expressed concerns relative to
the property being an abandoned industrial site and indicated that the
developers would face many regulators to ensure the property was cleaned
up and environmentally safe. He indicated that he had a concern with the
proposed height of the condominiums, but it was an isolated area, one mile
from the nearest residential development. He felt that the regulations set
forth by the Commission in the PUD were for a unique piece of property
located under a 78' bridge and he believed they would not set a precedent
for future development in other parts of the city. He believed the proposed
project was not a bad project, but the height was still an issue for him.
Commissioner Parsons agreed with Commissioner Beaver. He inquired
concerning construction of a south seawall on the property. Mr. Robbins
indicated that rip-rap or some other stabilizing media would be used on the
Island but he was unsure if anything would be done to the area under the
bridge, which was not part of Johnston Island. Commissioner Parsons
commented that he could live with a 66' height for the building, but not 88'
Commissioner Simmons indicated that she was not in favor of the
commercial aspects of the proposed redevelopment. Discussion of
previous rezoning classifications of the property ensued. It was pointed out
that the zoning designation of the property was changed to Conservation
when the Open Rural category was eliminated as a zoning district within the
city. Community Development Director Doerr stated that the deed for the
Bridge Tenders property listed several encumbrances, and read into the
record an encumbrance on the deed that maintains any rights the public has
to the area.
Moved by Beavers, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
~ MOTION CARRIED
D. Ordinance No. 52-04-02 -Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
~ July 12 2004 REGULAR COMMISSION MEETING Page 10
NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
"~ HEREINAFTER FROM CONSERVATION (CON) TO PLANNED
UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE
JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 52-04-02 on first reading.
Mayor Meserve opened the floor for a public hearing.
Dick Hilliard of 338 11th Street reiterated his concerns relative to the
above-ground utility lines.
Patricia Goelz of 1359 Beach Avenue stated she was opposed to height as
presented.
Jamie Fletcher of 340 Garden Lane inquired concerning the height of the
development under construction on the southwest corner of the Intracoastal
Waterway. It was reported that those condominiums would be 85' in
height. He stated that he was opposed to that height for the Johnston Island
development. He agreed that ownership of the ingress to the Johnston
Island property need to be clarified.
~** Valerie Pickett of 351 4th Street inquired concerning the PUD process and
inquired if the PUD was transferable if the project was not built. She was
told it was not transferable. Ms. Pickett favored a 35' height limit.
Peter Sapia of 1655 Selva Marina Drive commented that drivers would
not be able to see the building from the bridge.
Tom Goelz of 1359 Beach Avenue favored a 35' height limit.
No one else spoke and the Mayor closed the public hearing
Commissioner Waters stated that he could not vote for a PUD at 88' and
stated he did not want to exceed the 35' height limit.
Commissioner Beaver stated that he had concerns with the Bed and
Breakfast aspect of the proposed development and stated he preferred to
keep the development a residential community. Mr. Robbins stated that the
B & B was intended to be an option and may or may not be part of the
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July 12 2004 REGULAR COMMISSION MEETING Paee 11
development. He indicated that the traffic study was based on the resort
"~' hotel criteria.
Commissioner Beaver stated that he felt comfortable exceeding the 35'
~ height in this application, as long as it did not exceed the height of the
bridge.
Commissioner Beaver asked Mr. Robbins to address what is the minimum
acceptable height limit --between 35' and 72' -that would make this a
viable project.
Mr. Robbins responded that the compromise height was 72'. Discussion of
the height ensued. The Commissioners requested that the height be reduced
from the 72' and Mr. Robbins responded that he could work with a figure in
the high sixties. Mayor Meserve inquired concerning from where the height
of 72' was measured. It was determined that it was measured from the
center of the bridge, which is located west of the proposed development.
Further discussion ensued and Mr. Robbins stated that the developer would
consider using 69' as the building height.
Discussion ensued regarding changes that could be made between first
reading and second reading of the ordinance, and the City attorney was
asked to address this issue. The Commissioners discussed amending the
motion to limit height to 69' for the purpose of continuing consideration
until the next meeting.
Discussion of the bed and breakfast and marina ensued. Commissioner
Simmons inquired if the B & B would be private or open to the public. Mr.
Robbins responded that it was not for public use. Commissioner Simmons
stated that she wanted this to be a condition of the PUD.
Commissioner Waters spoke against any marina use by the general public,
and reiterated his preference fora 35' height limit.
Amendment to the motion: Approve with the addition of the followin
conditions: (1)The height will be limited to 69 feet, (2) the Bed and
Breakfast restaurant will not be opened to the public, and not be a
franchise or a drive through and (3) development would be subiect to
the three conditions listed on Page 4 of Community Development
Director Doerr's Staff Report dated June 30, 20004.. (A copy of the
Staff Report is attached and made part of this official record as Attachment
C).
Moved by Beaver, Parsons
Votes:
Aye: 3 -Beaver, Parsons, Meserve
~"
July 12 2004 REGULAR COMMISSION MEETING Page 12
~ Nay: 2 -Simmons, Waters
AMENDMENT TO THE MOTION CARRIED
~ Moved by Beaver, Parsons (Motion to approve Ordinance No. 54-04-
02)
Votes:
~„ Aye: 3 -Beaver, Parsons, Meserve
Nay: 2 -Simmons, Waters
THE MOTION CARRIED
B. Present proposed design for aesthetic improvements to the 5-
points intersection
(Discussion of Item 3B was deferred to the July 26, 2004 meeting).
The Mayor called a recess to the meeting at 10:50 p.m. The meeting was
reconvened at 11:05 p.m.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of monthly reports from Public Works and
Utility Departments, Building Department, report of new
Occupational Licenses issued in June, and Utility Sales Report
for June
B. Extend the annual contracts for environmental laboratory
services for one additional year to Advanced Environmental
Services, Inc. at a 3% increase and to Columbia Analytical
Services at the current contract prices (RFP 0102-7) (City
Manager)
C. Award the annual contract for chlorine and sulfur dioxide to
Jones Chemical, Inc. at the unit prices submitted Bid No. 0304-
19 (City Manager)
Commissioner Waters requested that Agenda Item B be removed from the
Consent Agenda for further discussion.
Motion: Approve Consent Agenda Items A, and C as presented.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Commissioner Waters inquired concerning the missing attachments from
the staff report. Utility Director Kaluzniak believed the documents were
July 12 2004 REGULAR COMMISSION MEETING Page 13
attached when the report was submitted but stated she would provide
Commissioner Waters the information.
Motion: Approve Consent Agenda Item B as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
A. Resolution No. 04-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
OPPOSING AN AMENDMENT TO THE FLORIDA
CONSTITUTION THAT WOULD RAISE FLORIDA'S
HOMESTEAD EXEMPTION TO $50,000
Motion: Approve Resolution No. 04-06.
Commissioner Simmons stated that she needed more information
concerning the proposed resolution. Discussion of shifting the tax burden
ensued. It was pointed out that an additional $25,000 tax exemption was
currently available to low income senior citizens living in Atlantic Beach.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 3 -Beaver, Parsons, Meserve
Nay: 2 -Simmons, Waters
MOTION CARRIED
B. Resolution No. 04-07
~"' A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPROVING THE LEASE OF PARKING SPACE.
AGREEMENT FOR OWNERS OF ISLAND CLUB
i"' CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO
SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE
Item 6B was taken out of sequence and acted on earlier in the meeting.
Ordinances
7. Action on Ordinances
July 12 2004 REGULAR COMMISSION MEETING Page 14
A. Ordinance No. 25-04-37 Introduction and First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 6, BUILDING AND BUILDING REGULATIONS,
ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-Z5,
BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 25-04-37 on first reading.
~. Commissioner Waters referenced subsection (a) of the ordinance and
inquired concerning how the view would be protected. City Manager
Hanson responded that the setback and height requirements protected the
~. view.
The Mayor announced that the final reading and public hearing for the
ordinance would be July 26, 2004.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 80-04-69 Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE
II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1)
CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE
UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS
OUTSIDE THE CITY. ADDING SECTION 22-27 (1) MONTHLY
WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC
RATES FOR RESIDENTIAL, COMMERCIAL AND IRRIGATION
BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN
INCREASE IN COMMERCIAL WATER BASE FACILITY
CHARGES BASED ON METER SIZE OVER A FOUR YEAR
PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER
VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION
OF AN BLOCK RATE STRUCTURE AND CREATING SECTION
22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE
SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b)
ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL
UNITS AND CREATING SECTION 22-27(2)(c) ESTABLISHING
RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION
ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING
~!"
July 12, 2004 REGULAR COMMISSION MEETING Pace 15
RATES AND BLOCKS FOR THE MULTIPLE UNIT AND
COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3)
CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III,
WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND
CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO
RENAME THE CHARGE WASTE WATER BASE FACILITY
CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL
CLASSES AND TO DELETE SECTION 22-166(c) MONTHLY BASE
SURCHARGE FOR REVENUE GENERATION. TO AMEND
SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME
CHARGES DELETING SECTION 22-167(a), (a)(1), (a)(2) AND
REPLACING THEM WITH SECTION 22-167 (a) ESTABLISHING A
BLOCK RATE STRUCTURE, (a)(1) ESTABLISHING RATES AND
BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED
HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR
MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS
AND DELETING SECTION 22-176 REVENUE GENERATION
SYSTEM ESTABLISHED, DELETING SECTION 22-177
DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL
IMPROVEMENTS, DELETING SECTION 22-178 USE OF
ACCRUED FUNDS, DELETING SECTION 22-179
CERTIFICATION OF REVENUE GENERATION SYSTEM,
DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM
CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN
EFFECTIVE DATE.
Motion: Approve Ordinance No. 80-04-69 on first reading.
City Manager Hanson explained the purpose of the ordinance and indicated
that the restructured water and sewer rates were required to meet the St.
Johns River Water Management District (SJRWMD) requirements to adopt
a water conserving rate structure. It was pointed out that the city's largest
residential water users would feel the biggest impact of the rate
restructuring. A copy of the City Manager's report concerning the
restructured rates is attached and made part of this official record as
Attachment D.
Commissioner Parsons noted that overall water usage had increased in the
past month. City Manager Hanson responded that the increase came from
new Navy Housing that was recently brought on-line.
The Mayor announced that the final reading and public hearing for the
ordinance would be July 26, 2004.
Moved by Simmons, seconded by Parsons
Votes:
July 12, 2004 REGULAR COMMISSION MEETING PaEe 16
~ Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Agenda Items 7C and 7D were taken out of sequence and acted on earlier in
the meeting.
C. Ordinance No. 31-04-03 Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP,
AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED,
SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL
CHANGE THE LAND USE DESIGNATION AS ESTABLISHED
ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS
AS DESCRIBED HEREIN FROM CONSERVATION TO
~. RESIDENTIAL, MEDIUM DENSITY AND GENERAL
COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
~+• ISLAND, PROVIDING FOR INTENT; AUTHORITY;
FINDINGS OF CONSISTENCY; FINDINGS OF FACT;
SEVERABILITY; RECORDATION AND AN EFFECTIVE
DATE
D. Ordinance No. 52-04-02 -Introduction and Public Hearing
?~"' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
~!!' HEREINAFTER FROM CONSERVATION (CON) TO PLANNED
UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE
JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
~"' OCONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDINGA
SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
E. Ordinance No. 80-04-68 -Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
'~ ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1
UTILITY DEPOSITS PARAGRAPH (B) DELETING
REFERENCE TO THE PAYMENT OF INTEREST ON
CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE
DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 80-04-69 on first reading.
July 12, 2004 REGULAR COMMISSION MEETING Page 17
A brief discussion of the deposit requirement and interest rates ensued.
Mayor Meserve inquired how approval of the ordinance would affect
existing customers. Finance Director VanLiere indicated that the city
would pay interest due those customers.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Appointments to the Cultural Arts and Recreation Advisory
Committee (4)
Mayor Meserve stated that he would like to reappoint Ingrid McCawley,
Katherine Burgess, Rusty Pritchett and Linda Ginsberg to four-year terms on
the Cultural Arts and Recreation Advisory Committee.
Motion: Reappoint Ingrid McCawley, Katherine Burgess, Rusty
Pritchett and Linda Ginsberg to four-year terms on the Cultural Arts
and Recreation Advisory Committee.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Direct city staff to prepare amendments to the city's Tree
Ordinance in accordance with earlier discussions, and to present
those amendments to the Commission for review and adoption
(City Manager)
Motion: Direct city staff to prepare amendments to the city's Tree
Ordinance in accordance with earlier discussions, and to present those
amendments to the Commission for review and adoption.
There was no discussion.
Moved by Simmons, seconded by Parsons
Votes:
'"' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
July 12 2004 REGULAR COMMISSION MEETING Page 18
C. Authorize the Finance Director to establish a "Rate Stabilization
Fund" from the fund balances of the water and sewer funds in
the amounts of $200,000 each (City Manager)
Motion: Authorize the Finance Director to establish a "Rate
Stabilization Fund" from the fund balances of the water and sewer
funds in the amounts of $200,000 each.
City Manager Hanson briefly explained the purpose of the rate stabilization
fund.
There was no discussion.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Authorize the City Manager to enter into a contract with Arista
Information Systems, Inc. for outsourcing utility bill printing
and mailing services including return envelope, and to negotiate
terms for newsletter printing, insertion and mailing with utility
bills (City Manager)
Motion: Authorize the City Manager to enter into a contract with
Arista Information Systems, Inc. for outsourcing utility bill printing
and mailing services including return envelope, and to negotiate terms
for newsletter printing, insertion and mailing with utility bills.
~" Commissioner Parsons inquired if the there would be any savings to the
city. Finance Director VanLiere stated that he had analyzed all the costs
and concluded that the cost would be about the same. Commissioner
!" Beaver requested that the printer not be allowed to sell the city's mailing
list.
~" Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
.~ Nay: 0
MOTION CARRIED
~"e' E. Approve changes to the City's employee health insurance
coverage:
(1) Approve changing to Aetna Insurance effective
September 1, 2004
!~"
!"
July 12 2004 REGULAR COMMISSION MEETING Pace 19
(2) Approve changing the City's health insurance from an
HMO/PPO to an HMO/POS
(3) Approve changing the City's contribution rate to 100%
of the HMO employee-only coverage, and for those employees
who choose coverage for additional family members, 55% of the
difference in the rate for employee-only and the selected level of
coverage
Motion: Approve the recommended changes to the city's employee
health insurance coverage as follows: Approve changing to Aetna
Insurance effective September 1, 2004; approve changing the city's
health insurance from an HMO/PPO to an HMO/POS; and approve
changing the city's contribution rate to 100% of the HMO employee-
only coverage, and for those employees who choose coverage for
additional family members 55% of the difference in the rate for
employee-only and the selected level of service.
There was no discussion.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -.Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
F. Accept the retirement of the City Clerk and provide direction to
staff regarding filling the position
The Mayor and Commissioners accepted the retirement of long-time City
Clerk Maureen King effective September 1, 2004.
Mayor Meserve stated he would like to advertise the position. He then
appointed Human Resource Director Foster, City Manager Hanson and
Commissioner Beaver to rank the applicants to bring a short list to the
Commission for interviews. Commissioner Waters requested that City
Clerk be included in the process. By consensus the Commissioners agreed
with the Mayor's recommendation and Commissioner Waters' request.
G. Approve proposed modification to Police trainee position (City
Manager)
Motion: Approve proposed modification to Police trainee position as
recommended by Chief Thompson. (A copy of Chief Thompson's staff
report explaining the modification is attached and made part of this official
~ record as Attachment E).
e+.
City Manager's Report
Reports/Requests
~" City Commissioners
City Attorney
July 12 2004 REGULAR COMMISSION MEETING Page 20
Commissioner Beaver inquired if the modification was the result of a union
issue. Chief Thompson responded there was no union issue. Commissioner
Waters believed it was important for a trainee to attain at least an Associates
degree.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report
City Manager Hanson stated that in the past the city hosted a reception in
appreciation for the various board and committee members' service during
the month of August, and inquired if a reception should be held this year.
He indicated that if the Commission wished to host the reception, a tentative
date of Thursday, August 26`h' had been chosen. Commissioner Beaver
inquired concerning the time, and City Manager Hanson responded 6:30
p.m.
There were no objections to holding the reception. Commissioner Parsons
indicated that he would be unable to attend.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Simmons
• Commented that she did not understand the "political agenda"
behind Resolution 04-06 and would like to have had additional
information in that regard before voting on the resolution.
Commissioner Parsons
• Stated that if there were no objections, he would like to attend the
Florida Beach and Shore Preservation Conference September 29`h -
October 15L. There were no objections.
r
Commissioner Waters
• Requested that discussion of the acreage requirements of a mixed
Planned Unit Development be placed on the next agenda.
July 12 2004 REGULAR COMMISSION MEETING Paee 21
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 11:45 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
~•