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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: ~" ~,,,, 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. r- ~"" 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 ~' 1" 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. ~- ~- .s• 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 ~- 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) r 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 ~"' 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. ~• ~• 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) e^ +~* 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. ~• 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 r* ~'" 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 ~* 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. .. 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. .•~ ~• 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