Draft Min 9-13-04!~`
MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 13, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Attorney Alan C. Jensen
~ Commissioner Paul B. Parsons
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
August 23, 2004
Motion: Approve Minutes of the Regular Meeting of August 23, 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 Z. Courtesy of the Floor to Visitors
Former Mayor Bill Gulliford of 75 Beach Avenue provided background
information concerning the Island Club Condominium parking problem
(Item 3A). He indicated that Commissions inherit and build on the good
things from previous Commissions, but by the same token, they also inherit
negatives. He commented that parking at the site was an issue when he was
Mayor, and indicated that the problem was caused when a previous
Commission ignored its own ordinance and allowed the building to be
constructed with minimal on-site parking. Mr. Gulliford indicated that
during his tenure the city's parking sticker program was implemented and a
certain number of spaces were designated for Atlantic Beach residents at the
10`" Street access, which seemed to solve the parking problems for the
residents of the Island Club Condominiums.
Mr. Gulliford pointed out that the current Commission resolved an inherited
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~"" September 13, 2004 REGULAR COMMISSION MEETING Page 2
negative when the city improved and took over maintenance of the Selva
~""" Marina Streets, and as a matter of fairness, the city should do something for
the residents of the Island Condominiums.
Discussion ensued. Mayor Meserve inquired if the building was originally
constructed with parking spaces. Mr. Gulliford recounted that it was built
with four on-site parking spaces on one end of the building. Mayor
Meserve believed that the city had nothing to do with the owner of the
Island Condominiums (Bikini Apartments) selling the parking spaces to the
adjoining property owner.
Commissioner Waters stated that he had done some research and
commented that the property was developed as a Planned Unit
Development (PUD) with no acreage requirement. He pointed out that
there was an off-street parking requirement, but the Commission at that
time was remiss in enforcing the requirement and also did not follow up
when the four parking spaces were sold.
~, Oscar Gunther of 707 Rio Lindo Drive stated that he was one of the first
owners of 35 10th Street and each unit had two parking spaces on the street
marked with the apartment number in yellow paint. He indicated that there
~„ was also a sign attached to the wall marked "Private Parking". He stated
that he bought the unit with the understanding that this was and would
continue as the parking arrangement.
Erik Gunther of 35 10th Street stated that he purchased the property from
his father and had recently moved to Atlantic Beach from South Beach in
Miami. He believed the parking was ambiguous from the beginning and
something should be worked out with the city. He indicated that he would
like to live at 35 10th Street permanently, but the parking situation was
giving him second thoughts. He believed the original value placed on the
parking spaces was too high, and would only be justified if you could build
on the property. Mr. Gunther indicated that if the spaces were not leased to
the property owners, the only alternative he could see would be to remove
his patio and ask for a curb cut to access a parking space.
Bob Curry of 65 10th Street spoke in favor of the city leasing ten parking
spaces to the residents. He pointed out that surfers and fishermen use the
access-parking spaces on a daily basis, with other beach goers Filling the
spaces on weekends.
Mr. Curry requested that the Commission consider leasing ten spaces to the
~""' property owners for $300 per year, per space with ten-year transferable
leases. He believed no precedent would be set because the city currently
leases parking spaces to Hulihan's on Atlantic Boulevard. Mr. Curry
`~"' pointed out that most of the property owners lived on-site and the others
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September 13, 2004 REGULAR COMMISSION MEETING Page 3
were long-term renters, and they would be paying the city $3,000 per year
for access to their property, which other residents of the city get for free.
Bill Taylor of 95 10`h Street provided a photograph of the sign that used to
hang on the building indicating "Private Parking". He spoke in favor of the
lease agreement and believed it would not set a precedent. Mr. Taylor
pointed out that the residents of Island Condominiums were not using the
parking spaces to go to the beach, but for access to their homes and that
private use of public land occurred everyday when residents of the city
drive their cars over city right-of--way and into their garages.
John Smith of 5 10`h Street believed the city caused the parking problem
and should take the lead to solve it.
Curt. Sanders of 2320 Barefoot Trace spoke in opposition to leasing the
access parking spaces and suggested the residents lease parking spaces from
the forty available spaces at the adjacent condominium. He urged the
Commissioners to review the objections to this request expressed during the
July 12th Commission Meeting.
Sheldon Weiner of 15 10`h Street stated that he worked from his home and
viewed the beach and parking area everyday. He believed the parking
problems were caused by surfers and suggested that their parking be
restricted to four hours per day on weekends during the summer and there
would be no problem.
J.P. Marchioli of 414 Sherry Drive believed that by law, residents should
be allowed ingress/egress to their property and the city should provide one
parking space per unit to the residents of Island Condominiums. Mr.
Marchioli favored annexation of the property located west of Oceanwalk
"' discussed at the previous meeting, and commented that due to a plumbing
problem he experienced, he learned that his home and two others had been
connected to one 4 inch sewer line.
Jane Wytzka of 352 Second Street believed it was unfair to base a
decision on the number of citizens who spoke in favor of the lease of a
parking space. She stated she was opposed to any lease agreement, and felt
the city would be subsidizing rental property if approved. Ms. Wytzka
believed there was ample parking on 10`h Street for everyone to park.
Ms. Wytzka also commented that the owners of two rental properties near
her home failed to clean up their property after the hurricane and indicated
that her neighbor removed tree limbs, which shaded her property and now
she was afraid she would lose her shade-loving plants. She believed the
tree ordinance should be readdressed to prevent this from happening in the
`~ future.
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September 13, 2004 REGULAR COMMISSION MEETING Page 4
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. Action on Resolution No. 04-07 approving the lease of parking
space agreement for owners of Island Club Condominiums
Motion: Adopt Resolution No. 04-07.
Commissioner Waters believed that it was reasonable for residents to expect
the right to park in front of their homes. He indicated that except for the
Mayor who lives on a private road, each Commissioner used cityright-of-
way to access their homes. Commissioner Waters believed no precedent
would be set by leasing parking spaces to Island Condominiums and he
cited several examples from the past where city property was either leased
or parking spaces given up for development. He believed leasing the ten
spaces would undo the missteps of a previous Commission and pointed out
that monetarily it would cost the city nothing. He recounted the number of
parking spaces at various beach accesses and felt there were adequate
spaces to compensate for the leased spaces at 5`h and 10`h Streets, with the
reconfiguration of existing spaces at 10`h Street and the five additional
spaces at 15`h Street. Commissioner Waters urged the Commissioners to
grant the request.
Commissioner Simmons provided her perspective on several items
concerning the request. Commissioner Simmons recounted her experience
living next to asingle-family residence, which was converted to an eleven-
unit condominium and believed that most often it was very difficult or
impossible for a current Commission to resolve actions taken by previous
Commissions.
Commissioner Simmons believed the city could do something about the
~"' Island Condominium request, but it should not be considered requisite on
the additional parking proposed for Mandalay Park. She also commented on
what she perceived to be zoning problems from the past at the Cloisters and
~"'' Sea Place Condominiums on 10`h Street, which caused parking oversights.
Commissioner Simmons asked Curt Sanders where he got the figure of
forty extra parking spaces on 10`h Street and Mr. Sanders responded that a
gentleman stated that figure during a previous meeting and that was why he
requested that the Commission review the information presented earlier.
Commissioner Simmons believed that if that many spaces were available,
someone would have negotiated a lease for them by now.
Commissioner Parsons believed the city should consider additional parking
at Mandalay Park with the request and agreed with Commissioner Waters
comments. He indicated that the property was known as Island Club
Condominiums and inquired if they were an association. City Attorney
Jensen responded that if they were a "condominium", the association
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September 13, 2004 REGULAR COMMISSION MEETING Paee 5
would have to be registered with the State of Florida, and most of them
would have a Homeowners' Association. Commissioner Parsons
referenced Item 1(b) of the lease agreement and stated this section would
cause problems if the property owners were not organized as an association.
He requested that the request be deferred until such time as they became
organized as an association.
Commissioner Beaver stated that those who spoke in favor of the lease
agreements were residents of Island Club Condominiums, but at previous
meetings more residents expressed opposition to leasing the spaces. He
expressed concern that the original PUD required off-street parking, which
was not enforced, and believed any person buying an Island Club
Condominium in the future, should be required to have off-street parking.
He believed potential property owners should do their research before
buying property to make sure they know exactly what they are buying.
Commissioner Beaver also expressed concern with granting ten exclusive
leases to Island Club Condominiums, while other residents also expressed a
desire to rent parking spaces at the site.
Mayor Meserve stated that this was a difficult issue and he too had concerns
with leasing public property for private use. He further stated that he had
weighed all the pros and cons of the request and from his standpoint, he
believed the cogent issues were: (1) The condominium owners already park
in the city spaces, so the city would not lose ten parking spaces, (2) If the
owners chose to do so, they could remove their patios and park their cars up
against the front of their house and the city would have to provide curb cuts,
which would also take away the parking, and (3) If spaces are taken away,
then ten spaces should be given back.
The Mayor stated he would vote in favor of the request if two conditions
were written into the lease. He felt that to prevent future litigation in case
one person decided not to pay for a space, there should be a collective lease
for ten spaces with the homeowners' association paying for ten spaces with
one check of $3,000 per year. He also requested that reference to Mandalay
Park be removed from the Resolution and Lease Agreement and on advice
of the City Attorney ari equal number of parking spaces be created
someplace other than Mandalay Park.
Amendment to the Motion: Amend Resolution 04-07 to remove
reference to Mandalay Park in paragraph four and in Section 1, Items
(a) and (b), and require that the lease be with a yet-to-be formed
homeowners association rather. than with ten individual owners.
Commissioner Waters inquired as to the PUD for this development
requiring off-street parking. City Attorney Jensen, who sat as a
Commissioner during the development, stated he did not remember the
September 13, 2004 REGULAR COMMISSION MEETING Page 6
requirements from 1979, but the conversion to condominiums was approved
'""~ with parking only on the west end of the building. He believed if the PUD
required on-site parking, it was legally waived by the Commission, and if
signs were put later by the builder/developer designating the parking spaces
for "Tenants Only" that was not approved by the city.
City Attorney Jensen believed that it was important for the Commission,
even with disassociating the parking with Mandalay Park parking spaces,
but keeping the requirement to add additional spots, was part of the
Commission's factual determination that the public property located at 10tH
Street was no longer needed for a municipal purpose.
Commissioner Beaver confirmed that they were voting to allow the lease to
happen, and if the conditions could be met, they would enter into a lease at
a later date. City Attorney Jensen advised that the resolution included
approval of the lease of the parking space agreement and the new conditions
would have to be incorporated into the lease. Commissioner Beaver
Confirmed the Commission was in agreement with the $300 per year per
space figure.
Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
MOTION CARRIED
Moved by Meserve, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
~"' AMENDMENT TO THE MOTION CARRIED
Town Hall Meeting
Mayor Meserve stated that Jacksonville Council Member Art Graham, who
was present earlier in the meeting, wanted to let everyone know he was
holding a Town Hall Meeting from 7:00 - 9:00 p.m. on September 23,
2004 at Fletcher High School.
B. City Manager's Follow-up Report
City Manager Hanson summarized his written report. A copy of the report
is attached and made part of this official record as Attachment A.
Hurricane Frances
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September 13, 2004 REGULAR COMMISSION MEETING PaEe 7
In addition to the written report, City Manager Hanson asked each
~ Department Head to update the Commissioners on the damage caused by
Hurricane Frances.
Utility Department
Water Plants
Utility Director Kaluzniak reported that the water treatment plants operated
~,,. with generators throughout the hurricane. She indicated that numerous
alarms went off due to power fluctuations and there were several broken
waterlines caused by uprooted trees.
Wastewater Treatment Plants
~. It was reported that the wastewater treatment plants operated with
generators during the storm and there were no DEP violations. Ms.
Kaluzniak indicated that the power fluctuations caused the SCADA alarms
~* to go off. She indicated that twenty-one of the thirty lift stations were
without power, and the larger lift stations operated by their own generators.
Ms. Kaluzniak indicated there were no sewage spills due to staff carrying
the portable pumps and a generator between lift stations without generators.
It was also reported that two motors were damaged and a fence at one plant
was blown over.
Commissioner Beaver inquired as to how the SCADA system worked. Ms.
Kaluzniak stated that the system worked well by identifying the problems,
but there were some adjustments that needed to be made.
Commissioner Waters requested that the name "City of Atlantic Beach" on
the city water tank (Water Plant #4), which is actually located in the City of
Jacksonville, be muted since it reinforced a misconception that it was
located in Atlantic Beach. He also inquired as to the status of the
installation of the new water tower. Ms. Kaluzniak stated that due to the
unfortunate accident resulting in the death of a worker, OSHA was still
investigating and it would be at least two more weeks before work could
resume.
Building Department
Building Official Don Ford reported damage to fifty buildings in the city,
most of which was damage to roofs or the result of trees falling on
structures. He indicated that the roof of one building under construction
blew off in the high winds, and the newer buildings constructed to the more
~ stringent hurricane standards faired better than the older buildings.
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September l3, 2004 REGULAR COMMISSION MEETING PaEe 8
Public Safety Department
Chief Thompson reported that his department provided traffic control when
the power was out, monitored flooding, blockages, downed power lines and
even helped with debris removal during the storm. He indicated the
department building operated with their emergency generator and all radios
and 911 remained in service.
Public Works Department
Public Works Director Carper reported numerous downed trees on the north
end, core city and Main Street areas of the city. He indicated that 89 tons of
debris had been removed by the city at a cost of approximately $90,000. It
was further reported that the city experienced no flooding during the high
winds and rain and they were called to barricade downed power lines.
Public Works Director Carper commended Jim Deming and his crews for
their work.
Copies of the Public Works and Utility Departments Reports are attached
and made part of this official record as Attachment B.
Commissioner Parsons commended the city staff for their work during the
storm.
Mayor Meserve stated that city staff and he would be meeting with Jim
Dickinson, the JEA's Chief Operating Officer, in the near future to discuss
~"* problems related to Hurricane Frances, which left Atlantic Beach residents
without power, some for as long as five days. Mayor Meserve indicated he
wanted to discuss better communications, electrical system integrity, and
"~"" mapping with him.
Agenda Item 7E was taken out of sequence and acted on at this time.
E. Ordinance No. 20-04-66 Emergency Ordinance
AN EMERGENCY ORDINANCE AMENDING THE
OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004.
City Manager Hanson stated that the emergency budget amendment
~' was needed to transfer funds to pay for extra debris removal costs
related to the hurricane.
~"' The Mayor read the ordinance by title only.
~"' Seatember 13, 2004 REGULAR COMMISSION MEETING Page 9
Motion: Declare a state of emergency in Atlantic Beach.
There was no discussion.
~* Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~ Nay: 0 -
MOTION CARRIED
Motion: Pass Emergency Ordinance 20-04-66 on first and
second readings.
The Mayor opened the floor for a public hearing. No one spoke and
the public hearing was closed.
There was no discussion.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
City Manager Hanson indicated that there would be other costs
related to the hurricane, including repair to damaged buildings,
generators and motors. He indicated that the cost for debris removal
was consistent with what other municipalities were paying, and
FEMA would reimburse the city 100% of costs for the first three
days and 75% of costs after that, with the state possibly picking up
one-half of the local expense or 12.5% of the cost. He indicated that
the state had not made any commitment to pay their usual share
since they just suffered back-to-back hurricanes. City Manager
Hanson indicated it could take up to two years for FEMA to
reimburse the city.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of the monthly report from the Building
Department, report of new Occupational Licenses issued in
August, and Utility Sales Report for July
B. Extend welding contract with Ace Fabrications LLC for one
additional year at contract prices in Bid No. 0102-26 (City
Manager)
C. Extend point repair contract with Gruhn May, Inc. for one
additional year at contract prices in Bid No. 0203-23 (City
~' Manager)
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September 13, 2004 REGULAR COMMISSION MEETING Page 10
Motion: Approve Consent Agenda Items A, B, and C, 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
There were no Committee Reports
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 04-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ADOPTING BUDGET POLICIES AND PROVIDING
AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-10.
Mayor Meserve explained the Budget Policy. There was no discussion.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
`~ MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-04-65 Public Hearing and First Reading
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER 30, 2005
Mayor Meserve read the ordinance by title only.
~,,, Mayor Meserve announced that the current millage rate was 3.0394, and a
tentative millage rate of 3.0394, which was 7.025% higher that the roll-back
rate of 2.8399 mills. The Mayor indicated that the purpose for the increase
~ in ad valorem tax revenue was to maintain adequate funding for the existing
level of service provided by the city.
Motion: Adopt a tentative millage rate of 3.0394 mills.
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September 13, 2004 REGULAR COMMISSION MEETING Page 11
The Mayor then opened the floor for a public hearing and invited comments
from the audience.
No one spoke and the Mayor closed the public hearing.
Commissioner Waters commented that the tentative millage rate could be
lowered but not increased above the 3.0394 mills.
City Manager Hanson commented that there had been almost no increase in
~„ the amount of revenue received by the city and the proposed operating
budget for Fiscal Year 2004/05 was based on the current millage rate of
3.0394.
Moved by Beaver, seconded by Parsons
Votes:
~,,, Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Motion: Approve Ordinance No. 20-04-65 on first reading.
The Mayor opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
~• The Mayor announced that the second public hearing and adoption of the
budget ordinance would be held during the next Regular Commission
Meeting on September 27, 2004 at 7:15 p.m.
There was no discussion.
~" Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
"' Nay: 0
MOTION CARRIED
'" B. Ordinance No. 31-04-04 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN
AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE
ADOPTING EVALUATION AND APPRAISAL REPORT
"'~ (EAR) BASED AMENDMENTS TO THE GOALS,
OBJECTIVES AND POLICIES (GOPS) OF THE
COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015
~ FUTURE LAND USE MAP; PROVIDING FOR INTENT;
~.
September 13, 2004 REGULAR COMMISSION MEETING PaEe 12
AUTHORITY; FINDINGS OF FACT; FINDINGS OF
CONSISTENCY; SEVERABILITY AND AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 31-04-04 qn final reading.
The Mayor opened the floor for a public hearing.
Curt Sanders of 2320 Barefoot Trace inquired if passage of the ordinance
would have any impact on Johnston Island. Community Development
Director Doerr responded that it would not impact Johnston Island.
Valerie Britt of the Pablo Point Civic Association expressed concerns
~ relative to development in the Coastal High Hazard Area and its impact on
the Pablo Point development, and reiterated her concerns as presented at the
July 12, 2004 Commission Meeting. (A copy of the information Ms. Britt
~„ presented is included with the July 12, 2004 Regular Commission Meeting
Minutes).
No one else spoke and the Mayor closed the public hearing.
Community Development Director Doerr commented on the final revisions
~. to the Comprehensive Plan adoption document as listed in her memo dated
August 27, 2004, which is attached and made part of this official record as
Attachment C.
Commissioner Simmons referenced the Coastal High Hazard Map and stated
that Johnston Island was not colored blue. Community Development
Director stated that she would correct the map.
Commissioner Waters inquired as to the definition of a High Hazard Area.
!"' Ms. Doerr stated that it was defined as a Category One Evacuation Zone.
She indicated that an evacuation zone and storm surge zone were not the
same.
Commissioner Waters also inquired concerning allowing residential
development in a commercial district. Ms. Doerr stated that this was put
!""' into the code subsequent to the Community Development Board
recommendation and the Landers-Atkins study of the Mayport Road
Corridor. It was thought that over a long period of time it would help re-
~" energize the area in conjunction with commercial development, such as
allowing commercial on the first floor and residential use on the second floor
of the building and would only be allowed outside of the high hazard area.
September 13, 2004 REGULAR COMMISSION MEETING Paee 13
Commissioner Waters inquired concerning the wording in Policy A.1.5.6 on
~.
page A-7 relative Planned Unit Development regulations and indicated it
was not listed under other appropriate land use patterns. Ms. Doerr stated
that it was not a land use category, but a zoning category. She indicated that
to establish a PUD, you would have to follow the PUD regulations.
~„ It was discussed that the 1999 Comprehensive Plan affected Johnston Island.
Commissioner Waters referenced Policy A.10.1.2 on page A-11. Ms. Doerr
advised that almost all of the city's wetland protection was found in the new
~, Comprehensive Plan. Commissioner Waters also requested an explanation
of Item (g) found at the bottom of page A-14. Ms. Doerr explained that the
Florida Building Code established construction standards. He confirmed
that the Building Code did not establish land use patterns. Ms. Doerr
indicated. that this item was added to the plan due to the stricter coastal
construction codes established by the State of Florida.
Mayor Meserve inquired concerning the Category 1-5 evacuation zones
relative to the city's dune area. Ms. Doerr explained that the dune area was
not in the storm surge area. She indicated that the Storm Surge Atlas
designated where the city was likely to flood according to elevation, but it
was a different map than the Coastal High Hazard Area map.
Commissioner Waters expressed concern for building in the Coastal High
Hazard Area. Ms. Doerr explained that construction in a flood zone was
~"' addressed in the building code.
Don White of 2069 Selva Marina Drive inquired concerning the zoning of
~" the sliver shaped parcel just north of Fleet Landing that used to be zoned
Open Rural, but was now shown to be Medium Density Residential, and was
actually wetland. Ms. Doerr stated that this was the correct designation on
"~" the Future Land Use Map, but it did not mean it would be developed as
medium density residential.
'~" Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Ordinance No. 65-04-33 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
+~.
NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF
~,,, ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS:
SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES,
September 13, 2004 REGULAR COMMISSION MEETING Page 14
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 65-04-33 on final reading
Mayor Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
There was no discussion.
~„ Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~„ Nay: 0
MOTION CARRIED
D. Ordinance No. 75-04-16 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE
CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 75-04-16 on final reading
Mayor Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
Commissioner Beaver confirmed that the fine for parking in a handicapped
area was increased to $500. He pointed out a scrivener's error on the second
""' page of the ordinance that showed the previous fine of $250. It was also
noted that parking fines increased from $15 to $50.
~" Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
`~ Nay: 0
MOTION CARRIED
E. Ordinance No. 20-04-66 Emergency Ordinance
AN EMERGENCY ORDINANCE AMENDING THE
OPERATING BUDGET FOR THE CITY OF ATLANTIC
~*
September 13, 2004 REGULAR COMMISSION MEETING Page 15
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
This ordinance was taken out of sequence and acted on earlier in the
meeting. (The ordinance was placed on the agenda on an emergency basis to
approve a budget amendment to the Sanitation Fund for debris removal costs
related to hurricane Frances). .
8. Miscellaneous Business
PUD Information A. Acknowledge receipt of the Staff Report relative to Planned Unit
Developments, and a copy of the city's PUD regulations and
publications from the Planning Commissioner's Journal
and the ICMA's Practice of Local Government Planning related
to PUD's
~„ Commissioner Waters referenced the last page of the information related to
PUD's from the ICMA's Practice of Local Government Planning and stated
that the development shown on the left side of the page, which was the
~., initial site plan for the development, looked like the final site plans
approved in Atlantic Beach. Commissioner Waters believed PUD's were
no longer feasible in the city, due to the limited amount of developable land
~,. left in the city.
Mayor Meserve cited Fleet Landing as an example of a good PUD, and
+~• stated it could have been built with hundreds of apartments, which would
not been very attractive, with access to Selva Marina Drive. He believed
the PUD concept gave flexibility to city.
Commissioner Simmons expressed concern that the city just gave
everything away in the PUD process and commented that it seemed the city
ended up with greater density at the expense of open space. She suggested
that the city tighten up the PUD and Land development codes and follow
them very closely.
Community Development Director Doerr pointed out that the Commission
had not seen a PUD come through the process under the new regulations,
which were strengthened since the Paradise Preserve development.
Discussion of the current PUD regulations compared to the previous
~" regulations ensued. Commissioner Waters requested that a minimum
acreage requirement be included with all PUD's. A copy of the city's PUD
regulations was requested and Ms. Doerr stated she would provide a copy to
'~ the Commissioners.
September 13, 2004 REGULAR COMMISSION MEETING Page 16
It was the consensus of the Commission that a discussion of PUD
"~"' requirements, inchiding acreage and contract zoning be placed on a future
agenda.
Hurricane Policy B. Discussion and action related to approve the Hurricane Policy
Amendment change in compensation for City of Atlantic Beach employees
identified as essential personnel and who are required to
evacuate and stay at the designated shelter with the city
workforce
Motion: Approve the amended Hurricane Policy as presented.
City Manager Hanson explained the changes.
There was no discussion.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's 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 D.
ReportslRequests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
~' Commissioner Beaver
• Commented that Johnston Island would be on the agenda for the next
~'" meeting and inquired that since the height of the project was changed
from 88' to 35', should the request go back before the Community
Development Board.
Mayor Meserve requested an opinion from the City Attorney on the
process to be followed concerning the request. City Attorney Jensen
advised that the Commission was still acting on the initial application
and the Community Development Board makes a recommendation to
the Commission where the final decision rests. He indicated that it was
September 13 2004 REGULAR COMMISSION MEETING Page 17
perfectly legal for them to make changes to the PUD application or
plans with the Commission negotiating a compromise.
Community Development Director Doerr stated that the public hearing
for the ordinance had already been advertised and it should be held at
the next meeting.
• Commended the city staff for their work during Hurricane Frances.
Commissioner Simmons
• Thanked everyone who worked during Hurricane Frances to keep the
citizens safe and the city services operating.
Commissioner Parsons
• Commented on the poor service the city received from the JEA during
the hurricane that left residents without power for up to five days.
Commissioner Waters
• Thanked the city for the reception held to honor the city's volunteers
and stated it was very well received.
• Relative to Johnston Island requested a comparison of the previous and
current request.
• Commented on the poor service provided to the city by the JEA and
excellent service provided by the Jacksonville Beach Energy Services.
• Inquired concerning the status of the Joint Welcome sign with Neptune
Beach.
~'" City Manager Hanson indicated that Neptune Beach was supposed to
check with the FDOT concerning their requirements for signs and
he would contact Neptune Beach concerning the sign.
Mayor Meserve
• Stated he would be appearing before the MPO on October 14`h
concerning the Mayport Road corridor and he could bring up the
Welcome sign at that time.
• Reiterated that he would be meeting with Mr. Dickinson of the JEA to
discuss the problems experienced during the hurricane.
~ September 13 2004 REGULAR COMMISSION MEETING Page 18
Commissioner Waters commented on the addresses in the 1800 block of
~"` Seminole Road being inconsistent with even/odd numbering and
suggested the Commission consider renaming "Seminole Road"
Seminole Beach Road to avoid confusion with Seminole Road located
"" in Jacksonville.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:35 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Jim Hanson
Interim Municipal Clerk