Draft Min 7-26-04
MINUTES
REGULAR CITY COMMISSION MEETING
JULY 26, 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 July 12,
2004
Commissioner Simmons pointed out a scriveners error (that had already
been corrected). Beaver requested that the vote on Resolution 04-07 be
changed to reflect that he voted nay and Commissioner Waters voted aye.
Motion: Approve Minutes of the Regular Meeting of
July 12, 2004 as amended.
,,,,,,, Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~„ Nay: 0
MOTION CARRIED
Mayor Meserve commented on the number of e-mails and letters he
received concerning Items 7C and 7D (proposed development of Johnston
Island) and thanked the citizens for their input.
He indicated that due to the large number of citizens present to address
those items, he would move them up on the agenda. The Mayor further
commented that as one of the three Commissioners who voted to approve
the ordinances on first reading, he now had second thoughts on his vote. He
believed that legally, the Commission probably was not setting a
precedence in this issue, but if approved, others might come along and
make the same request. The Mayor then made the following motion:
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~,,,, July 26, 2004 REGULAR COMMISSION MEETING Page 2
Motion: Limit the height of any development the Commission permits
on Johnston Island to no more than 35 feet.
Mayor Meserve invited comments from the Commissioners concerning the
motion.
Commissioner Waters believed the City Code was flawed in that it did not
~. set height limits of 35 feet for Planned Unit Developments (PUD) and
Special Use Districts, but allowed the Commission to determine the height.
He further stated that the Commission always had the right to set a height
above 35' in Commercial and Industrial Districts, and believed the
Commission should decide whether or not it wished to surrender that right.
~' He thought that a limit for development should be set at 35-feet---nothing
above the tree canopy. He requested that staff prepare an ordinance to close
all loopholes in the City Code relative to a 35-foot height limit.
Commissioner Beaver stated that he would like to qualify what happened at
the previous meeting, and indicated that when he voted on the 69-foot
height, it was not to vote for that height for the condominium, but to
continue the dialogue with the potential developer after he heard input from
the citizens and Commissioners.
Commissioner Simmons stated that she was proud to be a member of a
community whose citizens were so concerned and so involved.
Commissioner Parsons believed the Commissioners should have begun with
a lower height limit and required the developer to make his argument for a
higher limit. He indicated that he did not want to see commercial
development on the island. Commissioner Parsons stated that he had also
received numerous e-mails and calls and thanked the residents for their
input.
Moved by Meserve, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
The Mayor indicated that he would like to defer final reading on Items 7C
and 7D until such time as the developer, Bridge Tenders LLC, come back
with another plan limiting the height to 35-feet or state they are no longer
interested in developing the property.
Motion: Defer action on Items 7C and & 7D until such time as the
N- developer comes back and tells the city how he wants to proceed.
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July 26 2004 REGULAR COMMISSION MEETING Page 3
~,,,, 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-OZ -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
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
Due to the fact that the ordinances were advertised for a public hearing, the
Mayor opened the floor for concurrent public hearings on Ordinances 7C
and 7D.
Former Mayor Lyman Fletcher of 884 East Coast Drive provided
background information concerning previous annexations and stated that
the property was annexed so the city could control development of the
marshlands and Johnston Island.
He explained the Comprehensive Plan amendment procedure and requested
that the Commissioners stop, slow down and think how approval of a Mixed
Use PUD would affect future development of other parcels in the city.
Former Community Development Board Chair Don Wolfson of 1725
Beach Avenue also reviewed the history of the annexation and explained
the Conservation Land Use Designation recommendation made to the City
Commission by the Community Development Board. He believed any
amendment to the Comprehensive Plan warranted an in-depth study and
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July 26, 2004 REGULAR COMMISSION MEETING Page 4
should not be taken lightly. He also opposed any consideration of
~. exceeding the 35-foot height limit. He believed the Commissioners should
be more aware to the sentiments of the community. He believed the
property should be developed residential under the Conservation Land Use
designation.
Former Mayor Suzanne Shaughnessy of 168 Oceanwalk Drive stated
~* that while she was Mayor, the land was zoned Open Rural (now called
Conservation) to keep the Intracoastal Waterway pristine and prevent major
development as has occurred in South Florida. She urged the
"' Commissioners to think carefully before approving any Comprehensive
Plan amendments or zoning changes in response to a single project.
~"' Stephen Kuti of 1132 Linkside Drive reminded the Commissioners that the
Community Development Board on February 24, 2004, unanimously
recommended denial of the request. He believed the applicant's appeal
~"" should have been made within thirty days and the Commission committed
an illegal action by taking action ninety-one days after the CDB meeting.
He believed the applicant should wait one year before resubmitting a
"' request.
Former Commissioner Mike Borno of 223 Oceanforest Drive N. urged
""" the Commissioners not to consider rezoning the property until after the
developer comes back with a plan that does not exceed the 35-feet height
limit. He also indicated that he favored the 35-foot limitation and was
opposed to the leasing of any public parking spaces (Item 6A)
~ Carolyn Woods of 303 6th Street, a member of the Community
Development Board, explained the actions of the CDB relative to the
request and stated that she believed the development was inconsistent with
~ the Comprehensive Plan as a mixed use development and failed to meet
current zoning regulations. She further stated the request did not comply
with Section 24-129 of the code.
Woody Winfree of 335 3~d Street stated that she appreciated the work the
Commissioners do for their constituents, but she believed they should have
~„ a "vision" for what was needed in the city. She believed development of
Johnston Island would not be part of the vision.
~,,,, Sandy Golding of 1203 18th Avenue N. in Jacksonville Beach, urged the
Commissioners not to pass the amendment to the Comprehensive Plan. She
believed the land should remain Conservation. She stated that she lived in a
,~. city with numerous high-rises, and a group of citizens were working to have
a referendum placed on the November ballot to place the height limit of 35-
feet in the City Charter. She indicated that the Commissioners might wish
~•- to consider doing the same thing. ~~
Pat Pillmore of 995 Camelia Street stated that she did not understand why
the Commissioners voted on the ordinances on first reading when there
were questions that needed answers. She believed the Comprehensive Plan
was a trust for future generations that should be protected and preserved.
She believed it was important to preserve green spaces for the future.
July 26, 2004 REGULAR COMMISSION MEETING Page 5
Penny Riley of 159 Third Street opposed high-rise development. She
favored preservation of the marshlands for future generations.
Pat Ketteringham of 1661 Park Terrace East, athirty-two year resident
of the city, opposed high-rise development.
Jamie Fletcher of 340 Garden Lane thanked the Commissioners for
~"' remembering that they represent the citizens of Atlantic Beach and pointed
out that Atlantic Beach was a community that wanted no compromise when
it came to the height limit.
Chris Anderson of 1679 Seminole Road favored the 35-foot height limit.
He also urged the Commissioner to consider more affordable housing so the
children of current citizens could afford to live in Atlantic Beach.
Sandy Forsyth of 2345 Seminole Reach Court favored enforcing the
current 35-foot height limit, and believed if one exception was made, it
would lead to future exceptions. Mr. Forsyth favored a referendum to place
the height limit in the City Charter.
Patrick Rose of 2087 Vela Norte Circle informed the Commissioners that
the restaurant located on Johnston Island never did a very good business
due to ingress/egress problems. He believed a condominium project might
suffer the same fate and they might not sell.
Ethan Soerge1336 9th Street thanked the Commissioners for listening to
the citizens of Atlantic Beach.
Valerie Britt of the Pablo Point Civic Association opposed the proposed
land use amendment and distributed information concerning her objections.
A copy of the information is attached and made part of this official record
as Attachment A.
~„ Blythe Waters of 1829 Seminole Road stated that she grew up in Atlantic
Beach and thought that two visions for the city were at odds---economic
development for the city or keeping conservation land. She believed there
~. was a price for each and keeping conservation land was not cheap. She
believed the residents attending the meeting were willing to pay the price to
keep the land conservation.
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July 26, 2004 REGULAR COMMISSION MEETING Page 6
A new resident of Atlantic Beach, who was retired Navy, stated he was
happy to be a resident of Atlantic Beach and complimented the residents for
being so visionary. He hoped the city would remain the way it is.
Mike Kring of 1580 Selva Marina Drive stated that over the years he had
observed the development of the city's Comprehensive Plan, and he urged
the Commissioners to keep the Comprehensive Plan and preserve what
Atlantic Beach citizens now enjoy. He believed increasing density was not
in keeping with the spirit of the community.
Richard Bell of 1952 Beachside Court stated he enjoyed the character of
Atlantic Beach and urged the Commissioners to preserve the present way of
life.
Adam Tumbloom, a visitor from England, stated that he was impressed
with the sensitive, intelligent approach to urban planning he observed in
Atlantic Beach. He urged the Commissioners not to jeopardize what the
city enjoys and to listen to the citizens.
Mike Fogg of 366 Plaza inquired as to the reason each Commissioner, at
the previous meeting, voted to change the Comprehensive Plan.
Rita Fairbairn of 211 Seminole Road urged the Commissioners to keep
the city the way it is and not change the Comprehensive Plan.
No one else spoke and the Mayor closed the public hearing.
Moved by Meserve, seconded by Simmons (Defer action on Items 7C and
& 7D until such time as the developer comes back and tells the city how he
wants to proceed.)
Votes:
Aye: 3 -Beaver, Parsons, Meserve
Nay: 2 -Simmons, Waters
MOTION CARRIED
The Mayor stated that the Commission would carefully consider any issues
~ on whether or not to change the Future Land Use Map. The Mayor
indicated that he would put his thoughts on this issue in writing and would
make them available to the public.
At 8:25 p.m. the Mayor called a recess and the meeting was reconvened at
8:35 p.m.
July 26, 2004 REGULAR COMMISSION MEETING Page 7
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Harriet James of 89 Dewees Avenue stated that her property faced
Mandalay Park, and she did not mind the proposed parking, but objected to
the removal of any trees to create the parking.
Bill Taylor of 95 10`h Street stated that when the units were built, signs
~. were posted indicating private parking, and the owners could also park at
the end of the condominium on land, which was later sold. He indicated
that there was no parking problem for many years until the signs were
~ removed. Mr. Taylor stated that the owners were asking for the use often
spaces for access to their homes, and 95% of the time the residents who live
there already used more than ten public spaces. He believed the city would
not be losing any spaces.
Sally Clemens of 1638 Park Terrace West believed that citizens should
~"" know more about the city's finances and suggested that the Finance
Director provide a monthly accounting to the Commissioners and in the
Tideviews newsletter.
Rita Giblin of 40 10`x' Street opposed the leasing of the parking spaces, but
stated that if they were leased, that they not be sold with the property. Ms.
Giblin favored the construction of more parking spaces for all residents.
Jim Naughton of 1719 Beach Avenue opposed the leasing of the parking
spaces, and commented that he did not think the 16`h Street residents were
aware of the proposal to create more parking spaces in Mandalay Park. He
believed the proposed lease fee was too low and stated the parking issue
was not the city's problem to solve.
Bill Permenter of 78 Dewees Avenue opposed the leasing of the parking
spaces and the construction of parking spaces in Mandalay Park. He
believed the city's green spaces should be retained and there should be
public input before any decisions were made.
Sandy Forsyth of 2345 Seminole Reach Court commented that he did not
~„ want to see the city become a place just for those who live at the beach. He
opposed the leasing of the parking spaces, and stated that the residents knew
of the parking problem and should handle their own problems. He inquired
,~,,, as to why the 10`" Street access was not posted for "No Parking" from
midnight to 6:00 a.m. like other street ends. He suggested the residents try
to work out an agreement with the adjacent condominium for parking.
Barbara Mears of 1604 Coquina Place opposed the proposed parking in
Mandalay Park. She believed no trees should be cut down and that the
homeowners in the area should be notified of the proposed parking. She
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July 26, 2004 REGULAR COMMISSION MEETING Page 8
believed the Tree Board and Community Development Board would also be
opposed. Ms. Mears urged the Commissioners to deny the request.
Kelly Elmore of 1650 Beach Avenue also opposed the parking in
Mandalay Park and the leasing of the parking spaces. Mr. Elmore stated
that Mandalay Park contained one of the remaining natural live oak tree
canopies in the city and removal of the trees would go against what the city
is all about.
J.P. Marchioli of 414 Sherry Drive commented on the following items:
(1) That speeding was still a problem on Sherry Drive, (2) He resented the
letter opposing the additional increase in homestead exemption, (3) 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, (3) Suggested the addition of a right hand turn lane going south on
Seminole Road, (4) Inquired concerning the status of the back entrance to
the Post Office from Plaza, and (5) Requested the City Attorney's opinion
relative to the 10th Street parking, and inquired if residents could legally be
denied ingress/egress to their property.
Fran Ferguson Root of 1665 Beach Avenue believed more time was
'~ needed to address the 10th Street parking issue. She believed the 10th Street
parking spaces should remain open to the public.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. Present proposed design for aesthetic improvements to the 5-
points intersection
Public Works Director Rick Carper presented a conceptual plan of the
improvements to enhance the aesthetics of the 5-points intersection, which
included new paving, decorative crosswalks and planting areas at a cost of
$65,000.
Commissioner Parsons inquired if irrigation was available, and Mr. Carper
responded it was included in the proposal. Commissioner Parsons
commented that he would like the area at the end of Plaza for display of art.
~„ Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of the monthly report from Public Safety
,~ Department (City Manager)
B. Extend the contract for janitorial services with Atlantic Coast
Total Office Care, Inc. for one year at current prices (City
~.. Manager)
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Juiy 26, 2004 REGULAR COMMISSION MEETING Page 9
C. Award a contract to C. C. Borden Company in the total amount
of $367,186 for City Hall addition and remodeling pursuant to
the specifications of Bid No. 0304-12, base bid and alternates 1
and 2, with a budget increase in the amount of $3,736.00 (City
Manager)
D. Award a contract to USA Services for every other month street
sweeping for city streets, Public Works yard and City Hall
Parking lot (Bid No. 0304-20 Item #1, Option A, Alternate Bid
#1 Option A and Alternate Bid #2 Options) at a total cost of
$12,390 per year starting August 1, 2004; award a contract to
Surface Management Corporation for FDOT sweeping (Bid No.
0304-20 Item #2 Option B) at a total cost of $3,936 per year
starting August 1, 2004 (City Manager)
Motion: Approve Consent Agenda Items A through D as presented.
There was no discussion.
Moved by Waters, seconded by Parsons
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. 04-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPROVING THE LEASE OF PARKING 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.
Moved by Parsons, seconded by Waters
~,,, Commissioner Waters read a prepared statement providing information that
parking needs have changed over the years. He believed it was a
reasonable expectation that homeowners should be able to park in front of
~„~„ their home or across city right-of--way. He indicated that the property
owners could remove their patio walls and create parking on private
property but this would make the area unattractive and eliminate the on-
July 26, 2004 REGULAR COMMISSION MEETING Page 10
street parking spaces. Commissioner Waters stated that it was not the
~• city's intent to devalue property or degrade the quality of life in the area.
Commissioner Waters suggested that the 10`" Street parking could be
~* increased by an additional four spaces by restriping the area and making the
spaces a little narrower. This would leave 10-12 spaces for public parking
on the east end for the public. He believed parking could be redistributed to
16`h Street where there currently is no parking. He reported that all over
the city citizens were using the public right-of--way, and it should be no
different for the residents of the Island Club Condominiums.
Commissioner Simmons stated that she had problems with moving forward
with the request since two different issues had become intertwined. She
believed no action should be taken until after meetings had been scheduled
with both parties.
Mayor Meserve stated that he was opposed to the lease agreement in that
the residents set an arbitrary figure of $300, which he felt was too low. He
also believed the 16`h Street residents should have an opportunity to give
input on the proposed Mandalay parking. The Mayor expressed concern,
that if the request was approved, there could be legal issues in the future if
someone decided not to honor the agreement under the all-or-none
stipulation, and requested a legal opinion on this aspect. He believed the
city was blameless in this matter and was now being asked to fix the
parking problem.
Commissioner Beaver agreed with the Mayor, and reiterated his concern
that lease fee of $300 was too low. He agreed with Commissioner
Simmons' comments and stated the Commission should defer and rethink
the request. He further stated that he would like to be able to help the
condominium owners, but not at the expense of the other residents in the
city.
~„ Commissioner Parsons suggest aten-year agreement at $405.70 a month to
cover the costs to create the additional parking at Mandalay Park.
Discussion ensued and it was thought that the creation of the additional
~„ parking spaces would require removal of six trees in the park -three palms,
two oaks, and a sweet gum.
Motion: Defer action on the request to the next meeting in order to
give the residents of 16th Street time to see the plan for Mandalay Park
and to receive their input.
Moved by Parsons, seconded by Waters
Votes:
s Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
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July 26, 2004 REGULAR COMMISSION MEETING Page 11
Nay: 0
MOTION CARRIED BY ROLL CALL VOTE
7. Action on Ordinances
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. 8-25,
BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 25-04-37 on Bnal reading.
The Mayor opened the floor for a public hearing. No one spoke and the
Mayor. closed the public hearing.
City Manager Hanson explained that Commissioner Simmons requested the
inclusion of "gazebos on docks" after "boathouses" in the ordinance and
distributed an ordinance showing the changes.
~,,, Discussion of the change ensued and the City Attorney clarified that the
insertion of "gazebos" was a minor change and would not require another
public hearing.
Amendment to the motion: Add the gazebo language to ordinance No.
25-04-37.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
AMENDMENT TO THE MOTION CARRIED
Moved by Parsons, seconded by Waters (Approve Ordinance No. 25-04-
37, as amended, on final reading)
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
THE MAIN MOTION CARRIED
B. Ordinance No. 80-04-69 Public Hearing and Final Reading
+~ July 26, 2004 REGULAR COMMISSION MEETING Paee 12
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
"~' 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.
+~ The Mayor read the ordinance by title only.
July 26 2004 REGULAR COMMISSION MEETING Page 13
Motion: Approve Ordinance No. 80-04-69 on final reading.
The Mayor opened the floor for a public hearing.
J.P. Marchioli of 414 Sherry Drive spoke in opposition to the ordinance.
He stated that he resented the city profiting from the rate increase and
thought the base rate should be reduced and rebates given when water
conserving appliances were installed.
No on else spoke and the Mayor closed the public hearing.
Mayor Meserve explained that the city was adjusting its rate structure to
~" comply with the SJRWMD mandate to adopt water-conserving rates. He
indicated the additional revenue would be used to fund aten-year capital
plan for the system.
Moved by Parsons, seconded by Simmons
Votes:
"" 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 Public Hearing and Final Reading
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 -Public Hearing Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
~• NUMBER 52-04-02, REZONING LANDS AS DESCRIBED
A
July 26, 2004 REGULAR COMMISSION MEETING Paee 14
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; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE
E. Ordinance No. 80-04-68 -Public Hearing and Final 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 final reading.
The Mayor opened the floor for a public hearing.
J.P. Marchioli of 414 Sherry Drive inquired how long the city has been
collecting interest on deposits, and stated that the citizens who pay deposits
should not be deprived of interest. Mr. Marchioli believed it was illegal not
to pay interest on deposits. City Manager Hanson stated that interest would
be paid on current deposits.
No one else spoke and the Mayor closed the public hearing.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
F. Ordinance No. 95-04-88 Public Hearing and Final 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
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 95-04-88 on final reading.
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July 26 2004 REGULAR COMMISSION MEETING Page 15
The Mayor opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
There was no discussion.
Commissioner Parsons commended Code Enforcement Officer Sherrer for
rewriting the ordinance.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Public Hearing and action on an application for ause-by-
exception filed by Joseph's Pizza to allow on-premise
consumption of beer and wine in a restaurant located within the
Central Business District at 30 Ocean Boulevard (City Manager)
Motion: Approve Use-bv-Exception filed by Joseph's Pizza as
recommended by the Community Development Board at their July 20,
2004 meeting.
Commissioner Waters commented that Ocean 60 restaurant and Ragtime
restaurant, located in the same block as Joseph's Pizza, both experienced
heavy nighttime patronage. He suggested that the Commission might want
to look into parking requirements for businesses selling alcoholic beverages.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Appointment to fill an unexpired term on the Community
Development Board (City Clerk)
Mayor Meserve stated that he would like to appoint David MacInnes to fill
the unexpired term of Mary Walker on the Community Development Board.
Commissioner Beaver stated that he had asked Chris Lambertson to apply
for the opening due to his experience with the City of Jacksonville Planning
Commission.
July 26 2004 REGULAR COMMISSION MEETING Page 16
Motion: Appoint David MacInnes to fill the unexpired term of Marv
Waker on the Code Enforcement Board.
Moved by Meserve, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Approve contract with State Attorney's office and authorize the
City Manager to sign the agreement (City Manager)
Motion: Approve contract with State Attorney's office and authorize
the City Manager to sign the agreement.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Authorize Insituform Technologies, Inc. to provide cured-in-
place piping work for sewer rehabilitation in Mini-System B in
the amount of $120,000, piggybacking on the JEA contract WCS-
123-00 (City Manager)
Motion: Authorize Insituform Technologies, Inc. to provide cured-in-
place piping work for sewer rehabilitation in Mini-System B in the
amount of $120,000, piggybacking on the JEA contract WCS-123-00.
City Manager Hanson stated that the city was fortunate to be able to
piggyback on the JEA contract and would save approximately $30,000.
There was no discussion.
Moved by Parsons, seconded by Waters
Votes:
~. Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Discussion of acreage requirements for residential and mixed
use PUD (Comm. Waters)
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+~* July 26, 2004 REGULAR COMMISSION MEETING Page 17
Commissioner Waters referenced the earlier motion relative to limiting the
~. height to 35-feet and requested that staff prepare an ordinance to close
loopholes in the City Code which would allow any development higher than
35-feet. He pointed out that the passage of those changes would take away
~• any discretion on the Commission's part to consider anything higher than
35-feet, such as the facade at North Beach Center. He believed that the
requirement would close loopholes in the PUD process.
Community Development Director Doerr stated that during two meetings in
August, she would be bringing back to the Commission ordinances relative
to the Comprehensive Plan amendments and the height limit could be
included in the ordinance as a Comprehensive Plan Policy. She indicated
that the current document proposed to limit the height to 35-feet for
residential land use, but if it was the consensus of the Commission, it could
be included as a Comprehensive Plan Policy.
~"" Commissioner Parsons stated that he did not want to go over 35-feet in
Residential or PUD districts, but he believed facades should not be limited
to 35-feet in the Commercial districts.
Community Development Director Doerr explained that since the city
implemented zoning regulations, there has been a provision for the
Commission to approve height waivers in Commercial and Industrial
districts. She indicated that when the Central Business and PUD Districts
were added, a provision for height waivers was included. She further stated
as the Comprehensive Plan amendments were now proposed, once they go
into effect, an applicant could not request a waiver to the height limit in
residential development, but could in non-residential districts.
Discussion ensued. The Mayor favored the ability to negotiate various
aspects of PUD's, which could result in a nicer project with a mix of
housing and green space. He believed that including the 35-foot limitation
in all zoning districts would limit future Commissions who might then just
change the code. He believed the Commission should do what they think is
best, make the code as ironclad as desired, but to think the process through.
Commissioner Simmons clarified that the Commission was not eliminating
PUD's, but was putting a 35-foot limit on the designation.
~. Community Development Director Doerr requested that the Commissioners
not confuse the zoning and land use regulations with the Comprehensive
Plan. She indicated that the height issue could be addressed in the
Comprehensive Plan, if it was the desire of the Commission to do so, and
indicated that PUD's through the zoning procedure could be amended as
well. She requested Commission direction on the changes.
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July 26, 2004 REGULAR COMMISSION MEETING Page 18
Commissioner Simmons stated that she believed Commissioner Waters
requested amendments to the zoning code and requested clarification.
Commissioner Waters believed the zoning code addressed height issues
more than the Comprehensive Plan. Ms. Doerr responded that the
Comprehensive Plan amendments would address height and residential land
use. She indicated even a PUD must be assigned a land use designation.
It was explained that the Bridge Tenders' request was submitted before the
proposed new Comprehensive Plan amendments, and the implications
would be different under the new amendments. She further explained that
after the Comprehensive Plan amendments are completed, there would be a
series of fixes and glitch changes to the zoning and development regulations
to implement the Comprehensive Plan amendments, which come toward the
end of the year.
Commissioner Waters requested that change(s) be implemented to limit the
height of buildings throughout the city to 35-feet. Mayor Meserve
requested that the changes be drafted and brought back for a discussion
item.
9. City Manager
City Manager's Report A. City Manager's Report
In addition to his written report, which is attached and made part of this
official record as Attachment B, City Manager Hanson reported on the
following:
Certificate of Taxable Values
The Certificate of Taxable Values had been submitted with the same
millage rate of 3.0394 mills as last year. He believed there was no need for
an increase, but indicated the Commission could lower the rate if they
wished.
Budget Workshops
Budget Workshops have been scheduled for August 9th and 23rd at 5:00 p.m.
and if another workshop was needed, it would be held on August 30th
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Attorney
Johnston Island Comments
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~'" July 26, 2004 REGULAR COMMISSION MEETING Page 19
In response to comments made earlier in the evening City Attorney Jensen
stated that property owners came to the city and made application for, a
small-scale amendment and a rezoning and were entitled to do that and go
through the process.
He indicated that some of the comments made by the audience would seem
to indicate that the Commission should have "killed" the request and denied
the applicant due process. He indicated that the applicants were entitled to
due process under the law. He pointed out that the Community
Development Board had made a recommendation only to the City
Commission and since no action was taken, the recommendation would not
be subject to appeal. He informed the Commission that they had followed
the correct procedure and afforded the applicants due process.
Commissioner Waters clarified the action taken on Johnston Island. City
Attorney Jensen responded that the item was deferred unless the owners
bring back an application to continue the project within the 35-foot height
limit. Discussion ensued. It was pointed out that the property owners had
the right to come back with another plan but they would have to go through
the same process again, beginning with the Community Development
Board.
Community Development Director Doerr pointed out that the applications
were not denied. She indicated that she advised the Community
Development Board that if there was substantial change in the plan of
development, it would be brought back to them for their recommendation.
,~„ Commissioner Parsons indicated that numerous times during the meeting, it
had been brought up that the city had the right to retain the Conservation
classification and under that classification, the owners had a right to build
,~,. something on their property. He then inquired what type of development
could. occur under the Conservation classification.
~. City Attorney advised that the Commission was not required to change the
zoning. He indicated that there were no permitted uses under Conservation
zoning and any development would have to be approved as a Use-by-
,~• Exception, following the procedure set in the code. The City Attorney
further advised that there was a list of items permitted under the Use-by-
Exception. Community Development Director Doerr pointed out that the
uses were the same as those allowed under Open Rural Zoning. She then
read the list.
Community Development Director Doerr advised the Commissioners that
the Department of Community Affairs had requested that the city take out
the provision of one residential unit per acre as "allowed by right" in the
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July 26, 2004 REGULAR COMMISSION MEETING PaEe 20
Conservation classification and indicated they wanted it to go through the
amendment process instead.
Discussion ensued. Commissioners Parsons stated that it was his
~.. understanding that the city could not keep the property zoned Conservation.
Commissioner Simmons inquired concerning the city's vulnerability in
court due to the zoning designation when the property was annexed.
Mayor Meserve requested that City Attorney Jensen bring back information
at a future meeting concerning development rights relative to the Johnston
Island property, including how the property could be developed under the
Conservation classification.
Commissioner Beaver
• Distributed information concerning the origin of the proposed
!~"" Constitutional amendment for the additional $25,000 homestead
exemption and indicated it would not be on the November ballot.
• Requested that a resolution of appreciation be prepared to recognize the
service of Mary Walker on the Community Development Board.
~"" • Requested that the minutes of the previous meeting be amended to
reflect that he had voted nay and Commissioner Waters had voted aye
on Resolution 04-07
• Suggested that consideration be given to suspending the short- term
rental regulations for two weeks during the Super Bowl.
Commissioner Simmons
• Commented on Voting Smart Florida and requested that items not be
placed on an agenda without background information.
• Commented that the old part of the Adele Grage Cultural Center needed
to be spruced up.
• Inquired how the city would meet with the residents living in the
vicinity of Mandalay Park and requested that this item be included on
the agenda for the next meeting.
• Stated that she understood that rentals for the Super Bowl were
somewhat unique, but indicated that she had received complaints from
residents living near properties that were being illegally used as short-
term rentals and requested that the regulations not be suspended.
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July 26, 2004 REGULAR COMMISSION MEETING PaEe 21
Commissioner Parsons
• Agreed with Commissioner Beaver and believed the city should support
the Super Bowl and suspend the regulations for two weeks. He also
believed the city should support the Super Bowl Committee in any way
that it could.
• Inquired when construction of the skate park would begin. City
Manager Hanson responded that the architect was finishing the plans,
and there was no schedule for construction at this time.
Commissioner Waters
"~ • Commissioner Waters also agreed with Commissioner Beaver
concerning waiving the rules for short-term rentals. He indicated that
the planners for Dancing in the Street needed direction regarding
~'"" organizing events during the Super Bowl.
• Reported that the residents living around Johansen Park have been
putting their yard trash in the park for pick up instead of in their own
yards, and they were killing the grass in the park. He also reported that
earlier in the year there were reports of partying in the park and inquired
of Chief Thompson if this was true. Chief Thompson responded that the
city had dealt with partying and underage drinking in every park in the
city. He indicated he would investigate if there were complaints relative
to Johansen Park and get back with Commissioner Waters. City
Manager Hanson stated that barricades were to be installed to prevent
driving into the park.
Mayor Meserve
Super Bowl Venue Update
• Reported that he had attended several meetings concerning the Super
Bowl and planning for events at the beach were somewhat on hold due
to funding issues. He indicated that Neptune Beach was reluctant to
hold Dancing in the Street when it was determined it would cost
$75,000 for security for the event. He indicated that Neptune Beach
would readdress this matter at their next meeting.
The Mayor believed the city should have a traffic plan and it should be
funded. He further indicated that there would be a meeting on August
5th, that either Chief Thompson or City Manager Hanson would attend.
The Mayor stated that he would continue to work with the City of
Jacksonville for funding for transportation so the anticipated crowds at
+~ the beach can move back and forth from downtown.
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July 26, 2004 REGULAR COMMISSION MEETING Page 22
He further indicated that even if there was no city sponsored venue, the
crowds would come to the beach and the security plan being established
by Chief Thompson would still have to be executed.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:45 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk