Draft Min 9-27-04
MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 27, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance 1N 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
September 13, 2004
Motion: Approve Minutes of the Regular Meeting of September 13,
2004 as presented.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Scott Shine of 4390 Richmond Park Drive East, Jacksonville,
representing the national organization Surf Riders, stated he was opposed to
the city's leasing of parking spaces (Item 3A) at the 10th Street beach
access. Mr. Shine believed the leasing of the parking spaces was illegal,
and indicated his organization would request an adversarial review of the
leasing of the spaces by their attorneys.
Sally Clemens of 1638 Park Terrace West reiterated her position that the
A' Johnston Island property (Items 7B & 7C) should remain zoned
Conservation.
~`" Judy Sheklin of 1985 Brista De Mar Circle spoke in opposition to the
rezoning the property from Conservation to Medium Density Residential.
She believed the current owners, Bridge Tenders LLC, purchased the land
""' zoned Conservation and it should remain Conservation.
'?""' September 27, 2004 REGULAR COMMISSION MEETING Page 2
Former Commissioner Mike Borno of 223 Ocean Forest Drive North
inquired concerning the stipulations contained in the lease agreement and
requested that the city enter into the agreement with the owners of the
condominiums.
Sandy Forsyth of 2345 Seminole Reach Court spoke in opposition to the
leasing of the parking spaces. He believed the city would lose federal
funding for beach renourishment if the spaces were leased.
J.P. Marchioli of 414 Sherry Drive reported a small tree on the sidewalk
~'"' near the pawnshop located at the intersection of Atlantic Boulevard and
Mayport Road. He supported the parking space lease for Island Club
Condominiums and the Johnston Island PUD.
Stephen Kuti of 1132 Linkside Drive referenced the deed for the Johnston
Island property and indicated that the United States government held five
hundred feet ofright-of--way and recognized this right-of--way as a public
beach. He pointed out that the deed stated the island was surrounded on
three sides by the Intracoastal waterway and, therefore, it could be assumed
the area within the five hundred feet ofright-of--way on three sides of the
island was public beach. Mr. Kuti noted the changes the developers made
from the initial application as follows: The building height had been
lowered fro 69-feet to 35-feet, the minimum square footage for each unit
reduced from 1,500 square feet to 1,000 square feet and a reduction in size
of the parking spaces from 9' x 20' to 9' x 18'. He also commented on the
access road right-of--way and flooding of the east side of the island at mean
high tide. He believed substantial changes were made and the process
should have been started over with first readings of the ordinances.
Alvin Farmer of 791 Assisi Lane, a long time user of the 10`h Street beach
access, stated his opposition to the lease of parking spaces at the site and
requested that the Commissioners reconsider their decision.
Sharon Scholl of 2049 Selva Marina Drive referenced a letter she
previously submitted concerning the Johnston Island development and
expressed concern for the hydrology of the area and the proposed
underground utilities. She believed the developers had not presented
enough information concerning the design for the project relative to the
hydrology/geology of the area.
Agenda Items 7B and 7C were taken out of sequence and acted on at this
time.
Mayor Meserve believed it would be appropriate to defer action on Items
7B and 7C to give the Commissioners more time to review the request. He
a
September 27, 2004 REGULAR COMMISSION MEETING Page 3
indicated that since receiving his agenda packet on Wednesday, much of his
time had been spent on issues related to Hurricane Jeanne.
Motion: Defer action on Ordinances Nos. 31-04-03 and 52-04-02 to the
October Z5, 2004 Commission Meeting.
Mayor Meserve called for aroll-call vote.
Moved by Beaver, seconded by Meserve
Votes:
Aye: 2-Beaver, Meserve
Nay: 3 -Parsons, Simmons, Waters,
MOTION TO DEFER FAILED ON ROLL-CALL VOTE
Johnston Island 7B. 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 (PLUM) FLOR
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 FACT; FINDINGS OF CONSISTENCY; SEVERABILITY
AND AN EFFECTIVE DATE (Public hearing and final reading to consider
enactment of Ordinance Number 31-04-03, pursuant to an application (File
Number SSA-2004-01) for a change in land use designation as established
on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from
Conservation to Residential, Medium Density, and a contiguous 0.5-acre
parcel from Conservation to Commercial. The proposed project is known as
Johnston Island)
Mayor Meserve read the ordinance by title only.
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Motion• Approve Ordinance 31-04-03 on final reading.
(The motion was made by Commissioner Beaver and seconded by Mayor
Meserve)
Anthony Robbins an engineer with Prosser Hallock Planners and Engineers,
stated that he was a member of the project team assembled by Bridge
Tenders, Inc., for the redevelopment of Johnston Island. Mr. Robbins
introduced Ron Zajack, a managing partner of Bridge Tenders, Inc., who
read a statement from Laura Johnston Perkins, which provided background
information concerning her family's ownership of the island and the
purchase of the property by Bridge Tenders, Inc. In her statement, Ms.
~ September 27, 2004 REGULAR COMMISSION MEETING Page 4
Perkins revealed that she held a 50% interest in Bridge Tenders, Inc. and
~'" supported the development of the island.
Mr. Robbins indicated that he would address some of the comments made by
the public and those issues related to the Planned Unit Development.
Mr. Robbins summarized all of the revisions to the project since the
~'"' presentation on July 26, 2004. A list of the revisions can be found on page
two of the Staff Report dated September 20, 2004, which is attached and
made. part of this official record as Attachment A. Mr. Robbins indicated '
°"~ that all revisions were consistent with the current code, with the exception of
the parking space size and driveway width. Mr. Robbins emphasized that
this was a redevelopment project and the land was not pristine, undeveloped
wetlands. He also indicated that Taylor Engineering had looked at the sub-
strata of the island and it was found suitable for development. He indicated
that Bridge Tenders, Inc. would strictly adhere to the city's flood elevation
requirements. Mr. Robbins indicated that the property would be developed
within ten years of the approval of the construction and engineering plans by
_ the city.
Commissioner Waters inquired concerning the hydrology of the site. Mr.
Robbins indicated that hydrology was not his expertise and deferred to Mr.
Zajack. He indicated that an engineering study was performed early-on and
the site would be developed as a private community according to city
standards.
Commissioner Waters believed the Commission should have participated in
the actual negotiations related to the project and not rely only on the
recommendation. Discussion of the flood elevation of seven-feet ensued.
Mr. Zajack indicated the island would be brought up to that elevation, with
all requirements being met.
Discussion of the permitting process ensued and Community Development
Director Doerr indicated that engineering and detailed plans for the
development would come back to the Commission for approval. Mr. Zajack
indicated that in addition to meeting the city's requirement, permitting
~ procedures would also be required by the FDOT, the FDEP, the ACOE, and
the SJRWMD.
Mayor Meserve opened the floor for a public hearing.
Steve Piscatelli of 374 Magnolia Street quoted from the application for the
change in land use designation describing current deleterious conditions that
characterize the property. He then asked the Commissioners to think about
the following: (1) If the development was not approved, would be property
owner be responsible to remedy blighted conditions described on the
+~ September 27, 2004 REGULAR COMMISSION MEETING Page 5
property, (2) If the development was approved and a traffic accident
occurred and the residents requested a traffic signal, would the city be
responsible to provide a traffic light on Atlantic Boulevard, and (3) Would
the this development make the community a better place.
Michael Sheklin of 1985 Brisa De Mar Circle believed the property should
remain zoned Conservation and pointed out the degradation of the land
caused by the previous development. He also believed the entrance to the
development posed as safety hazard and it would be dangerous to allow a
marina at that location due to the swift current near the bridge.
Carolyn Wood of 303 6`h Street distributed a prepared statement opposing
the development and urged the Commissioners to retain the Conservation
land use designation. A copy of Ms. Wood's statement is attached and made
part of this official record as Attachment B.
Sandy Forsyth of 2345 Seminole Reach Court inquired as to from where
the 35-foot building height would be measured.
"' Jamie Fletcher of 340 Garden Lane believed there were too many
unanswered questions relative to the proposed development and the public
did not have enough time to review the proposal. He urged the
Commissioners to vote against the Planned Unit Development as being
vague and dangerous.
Stephen Kuti of 1132 Linkside Drive believed the right-of--way issue
should be settled before any consideration was given to the request.
Alan Potter of 374 Second Street expressed concerns relative to the cost of
providing water/sewer service to the site, stormwater retention, possible
pollution caused by the operation of a marina and garbage service to the site.
Sally Clemens of 1638 Park Terrace West clarified that she had previously
~„ stated that the city (citizens) were misused and abused by Bridge Tenders by
the method the proposal was presented. She believed the land use should
remain Conservation.
Dave Johnson of 1830 Live Oak Lane who lives in the Selva Marina area
where the city took over the maintenance of private streets and medians,
warned the Commissioners that just because the developers indicated that
the streets will be private, does not necessarily mean that they will remain
that way forever.
No one else spoke and the Mayor closed the public hearing.
;~.• Commissioner Parsons inquired as to Ms. Perkins absence and Mr. Zajack
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~ September 27, 2004 REGULAR COMMISSION MEETING Page 6
responded that she lived in Valdosta, Georgia and that area was experiencing
°""' the hurricane today and she could not travel. He then inquired concerning
the failed sale of the property to the city a number of years ago. Mr. Zajack
indicated that he was not involved with those negotiations. Commissioner
~""' Parsons inquired concerning Ms. Perkins allegation that she was never
notified concerning the annexation or the change in zoning to Conservation.
Mr. Zajack indicated that he received his information from a realtor that
~"~" there was an agreement with the city to purchase the property.
Commissioner Parsons stated that there was confusion relative to the zoning
change and requested information concerning the procedure for notification
of the property owner when a rezoning occurs. Community Development
Director Doerr explained the procedure and stated they were aware of the
change. Discussion of the annexation and rezoning occurred. Mr. Zajack
indicated he had no direct knowledge, but it was his understanding that the
appraised value of the property did not meet the Johnston's asking price and
the city would not pay more than the appraisal. Community Development
Director Doerr pointed out that the annexation was approved by voter
referendum.
Commissioner Simmons inquired concerning the differences in acreage
between the survey and acreage totals listed in the request. Mr. Robbins
stated that there were 7.5 acres in the entire site and indicated the first map
presented was in error. He indicated that of the 7.5 acres, 3.6 acres would
be Medium Density Residential, .5 acre would be Commercial General and
the remaining 3.4 acres would remain Conservation. Commissioner
Simmons inquired concerning the amount of acreage in the setback area that
could not be used. Mr. Robbins pointed out the area on the map. Use of
acreage, location of parking, and the conceptual drawing were discussed.
Mr. Robbins pointed out that it would be a private marina for use by the
residents and their guests and the parking for the commercial area would be
buffered from the residential area. Commissioner Simmons also expressed
concern regarding the annexation process and the zoning change from Open
Rural to Conservation.
Commissioner Beaver stated that he needed more information relative to the
~* Planned Unit Development before he could vote to change the land use
designation. He indicated that he was uncomfortable with the dramatic
height change, which produced what he thought to be only subtle changes in
+~' the remainder of the proposal, and indicated he needed more information
concerning the size of the proposed condominium units and the parking.
~"" Ron Zajack, the manager for the project, explained that the request
submitted in July had been amended to comply with all of the city's codes
for a mixed use Planned Unit Development. He indicated that a great deal of
~"" time and money had gone into the plan and pointed out that they would
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September 27, 2004 REGULAR COMMISSION MEETING Paee 7
comply with all of the city's requirements. He indicated that the units would
be smaller in size, or approximately twenty town homes could be built on the
property.
Mayor Meserve inquired to City Attorney Jensen regarding the perception
that the developers would be placing commercial buildings on residential
property. City Attorney Jensen advised that the code allowed for a Mixed
Use Planned Unit Development, which would include both Residential and
Commercial Development, and there was nothing illegal with this type of
development.
Commissioner Simmons believed this type of development would be
inconsistent with Atlantic Beach development.
Mayor Meserve explained that the procedure and indicated. that the
Commission was at a disadvantage because they could not discuss the
project with each other or with the developer. He further indicated that at
this stage of the process the developer would not be able to provide all of the
answers that the residents expect and it would be unfair to expect him to
spend all of the development money to do so. The Mayor believed that the
developer had complied with the city's codes in making the request and the
Commission had to decide if it really wanted any type of development on the
island.
Commissioner Waters inquired concerning the requested change from
~,. Conservation to Medium Density Residential and Commercial rather than
Low Density Residential. He believed the Commission should have more
input on the plan and reiterated his dislike for the Planned Unit Development
~„~ process. Commissioner Waters indicated that if the motion would be
withdrawn, he would make a motion to send the proposal back to the
Community Development Board for a recommendation. He believed that
~. the Commission and the public would be better informed by the time it
comes back to them for a vote.
e~ City Attorney Jensen confirmed that Commissioner Waters voted on the
prevailing side against the deferment. City Attorney Jensen confirmed that f
Commissioner Waters was going to make another motion for deferment and
to come back to the Commission and repeat the process for a first and
second reading. City Attorney Jensen indicated there was no need to repeat
the first and second readings of the ordinances, but agreed that the
!~" Community Development Board could review the request and make a
recommendation to the Commission.
Commissioner Beaver and Mayor Meserve agreed to withdraw their
respective motion and second.
""' Motion: Defer action on Ordinance No. 20-04-65 and send the request
September 27, 2004 REGULAR COMMISSION MEETING Page 8
back to the Communitv Development Board for their review and
recommendation to the Commission.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
7C. Ordinance No. 52-04-02 Public Hearing and 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 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 (Public hearing and final reading to
consider enactment of Ordinance Number 52-04-02, an ordinance seeking
to rezone lands from Conservation to Planned Unit Development. The
request seeks to rezone approximately 7.5 acres from Conservation to
Planned Unit Development (PUD). The plan of development proposes a
mixed-use project with a private marina to include a marina club, lodge and
restaurant. A maximum of 36 residential dwelling units are proposed and
limited to the 3.6-acre residential portion of the site. Proposed development
also includes parking areas, a civic space, marina service facilities and other
associated amenities and accessory uses. Landscaping, preserved open
space and submerged lands occupy the remainder of the site. No
development shall exceed thirty-five (35) feet in height)
The Mayor read the ordinance by title only.
. Motion: Defer action on Ordinance No. 31-04-03 and send the request
back to the Communitv Development Board for their review and
~"' recommendation to the Commission.
Moved by Waters, seconded by Simmons
Votes:
Unfinished Business
from Previous Meeting
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
3. Unfinished Business from Previous Meeting
~'"" September 27, 2004 REGULAR COMMISSION MEETING Page 9
Parking Space Lease A. Action on revised parking space lease agreement for owners of
Agreement Island Club Condominiums
City Manager Hanson recounted that during the September 13tH
"' Commission Meeting, Resolution 04-07 was approved authorizing the lease
often parking spaces to the owners of Island Club Condominiums based on
certain conditions, which included that the owners form an organization to
""" be responsible for the lease rather than ten individual owners, and that the
lease have no connection with creation of parking spaces in Mandalay Park.
City Manager Hanson identified the location often additional public
"'~ parking spaces for beach access. A copy of his staff report is attached and
made part of this official record as Attachment C.
~" Motion: Approve revised lease agreement as presented.
Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
MOTION CARRIED
Mayor Meserve requested that a scrivener's correction be made on the last
paragraph on page one of the lease to include after ...identified "and will
create" and to add "prior to the signing of the lease" at the end of the
,~, sentence. The last paragraph now reads: Whereas, the City has identified
and will create more than ten (10) additional parking spaces elsewhere in
the City for beach access prior to the signing of the lease".
Commissioner Parsons inquired concerning the blank line in the third
paragraph of the lease and confirmed that the city would enter into the lease
~,. agreement with the Island Club Condominium Association or whatever
name they choose for their organization.
~. Commissioner Waters referenced Item 7 on page three of the agreement and
indicated that he had no objections to a yearly increase, but believed it
should not be based on the average increase in property values as
~• determined by the tax digest. He believed it would be more appropriate to
base the increase on the Consumer Price Index (CPI), but it should not be
lower than a 3% per year increase.
First Amendment to the motion: Include language in Item 7 of the
lease agreement to reflect an increase in rent based on the Consumer
Price Index (CPI) or 3%, whichever is greater.
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~"'"' September 27, 2004 REGULAR COMMISSION MEETING Page 10
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
'~' FIRST AMENDMENT TO THE MOTION CARRIED
Commissioner Beaver inquired concerning Item 1(c) of the lease and
~""' commented that the city would be spending the annual rental fee on signage
and upkeep. Discussion ensued concerning who should pay expenses
relative to the signage for the parking spaces. Commissioner Waters
~" pointed out that the city was responsible for the signage to ensure
uniformity and maintenance of the signs.
Second Amendment to the motion: Include language in Item 1(c) of the
lease to indicate that the "Tenant" will reimburse the city for the cost of
signage, decals and marking of the leased spaces.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0 -
SECOND AMENDMENT TO THE MOTION CARRIED
City Manager's Follow-up Report
City Manager Hanson stated that initially he wanted to update the
Commissioners on the clean up efforts resulting from Hurricane Frances,
~,,, but the report would now include hurricane recovery operations from
Hurricane Jeanne.
City Manager Hanson asked each Department Head to update the
Commissioners on the damage caused by Hurricane Jeanne.
Public Works Department
Public Works Director Carper provided the Commissioners a report of the
operations of his department comparing road and debris clearing during
both storms.
~~ ,~• Public Works Director Carper commended the city crews for their
~ outstanding efforts during both storms.
'; ~ A copy of the Public Works Department Report is attached and made part
'' of this official record as Attachment D.
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September 27, 2004 REGULAR COMMISSION MEETING Paee 11
Commissioner Beaver commended the city staff for their efforts during the
"`"" hurricane.
Utility Department
Water and Wastewater Treatment Plants
Utility Director Kaluzniak reported $6,000 in damage to equipment during
Hurricane Jeanne. She indicated that three lift stations were without power,
and there were no sewage spills due to staff carrying the portable pumps
and a generator between lift stations.
Public Safety Department
Chief Thompson reported that his department provided traffic control,
monitored for flooding, 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.
Chief Thompson praised the teamwork displayed by his officers and the city
crews during this stressful time.
Building Department
Building Official Don Ford reported damage to the city's dune crossovers
and the beach accesses. Photographs of the beach erosion were displayed.
Mr. Ford indicated that repairs and the cost to add 100-feet of additional
crossover would cost between $35 - 40,000. He reported that all of the
beach access, except 18th and 20th Street were closed due to the damage.
Discussion ensued and it was the consensus of the Commissioners that
repairs should be made to the crossovers as soon as possible due to the
hazardous conditions caused by the severe erosion.
Commissioner Waters inquired concerning beach renourishment and the
amount of sand required to replace what was lost. City Manager Hanson
indicated that in the past, a profile of the beach was taken, and the amount
of fill needed was determined from the profile. He further indicated that
the amount of sand needed would have to be adjusted for the sand taken
away by the storm.
City Manager Hanson indicated a lot more sand would be needed and
wondered if the city could obtain an emergency federal appropriation for
beach renourishment.
Mayor Meserve believed the three beach cities should join together and go
to Duval County to carry the message to our local legislators. Mayor
~'"" September 27, 2004 REGULAR COMMISSION MEETING Page 12
Meserve expressed concern that a winter northeaster would cause serious
trouble for the beach. He believed a joint Resolution of the three beach
cities would have more impact, and indicated he would be contacting the
other beach Mayors and Jacksonville Council Member Art Graham to
!~"' dovetail the information. Mayor Meserve commented that FEMA funding
might be available, which would be more readily available.
!"' City Manager Hanson indicated that Commissioner Parsons and Public
Works Director Carper would be attending the Florida Shore and Beach
Preservation Association Conference later in the week and suggested they
""' take the city message to the conference.
Commissioner Simmons indicated that she had spoken with an engineer
""' who worked with the Army Corps of Engineers and was informed by him
that the dune had grown six-inches a year in height and two feet per year in
east-west width over the years. She also reported that he told her the sand
~"" was not gone, but had formed a sandbar in the ocean ready to be blown
back on shore.
Commissioner Beaver believed the erosion might not have been so severe
had the city received its scheduled beach renourishment last year. He
suggested that Commissioner Parsons take some of the photographs
displayed by Building Official Ford to the conference.
Consent Agenda 4. Consent Agenda
..
Commissioner Waters requested that Consent Agenda Item 4D be removed
from the Consent Agenda for discussion.
A. Acknowledge receipt of Monthly Building Department Activity
Report, Utility Sales Report, Public Works and Utility
Departments, Building Department, Department of Public
Safety and Financial Report for August (City Manager)
B. Award annual contract to Calciquest for Orthophosphate, as
specified in Bid No. 0304-24, in the amount of $0.54 per pound
(City Manager)
C. Award annual contract to Beachcombers, Inc. for beach
cleaning, as specified in Bid No. 0304-23, in the amount of
$34,018 (City Manager)
E. Approve renewal of the city's non-benefit insurance at rates
listed in the Staff Report dated September 21, 2004, to be
effective October 1, 2004 (City Manager)
Motion: Approve Consent Agenda Items A, through C and E as
presented.
September 27, 2004 REGULAR COMMISSION MEETING Page 13
There was no discussion.
~., Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~. Nay: 0
MOTION CARRIED
D. Authorize continuing employee basic Life and Accidental Death
and Dismemberment Insurance with ING at current basic rates
of $0.31/$1,000 of coverage for Life Insurance and $0.04/$1,000
for AD&D Insurance (City Manager)
Motion: Approve Consent A~enda_ Item D as presented.
Commissioner Waters inquired concerning the city providing life insurance
for its employees. City Manager Hanson explained that the amount of
coverage was based on the employee's annual salary, with a maximum
provision of $50,000. There was no discussion.
Moved by Waters, seconded by Beaver
~"' 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. 04-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING
DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE
OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-12.
Mayor Meserve explained the selection process used for filling the City
Clerk position. The Mayor congratulated Ms. Bussey and stated that he
looked forward to working with her. ,
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
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September 27, 2004 REGULAR C0IVIMISSION MEETING Pace 14
MOTION CARRIED
B. Resolution No. 04-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR
MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE
CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND
ENDING SEPTEMBER 30, 2005; STATING THE PERCENTAGE BY
WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-
BACK RATE; AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve announced that the millage rate was 3.0394 for operating
purposes for fiscal year 2004/2005, which was 7.025 % higher than the roll-
back rate of 2.8399. He 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: Approve Resolution No. 04-11.
The Mayor opened the floor for a public hearing and invited comments
from the audience.
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
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-04-65 Public Hearing and Final 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 presented in full, in writing, Ordinance No. 20-04-65.
"~ He opened the floor for a public hearing and invited comments from
the audience.
No one spoke for or against the ordinance and the Mayor closed the
public hearing.
Motion: Approve Ordinance No. 20-04-65 on final reading
September 27, 2004 REGULAR COMMISSION MEETING Paee 15
There was no discussion.
Moved by Waters, seconded by Parsons
•
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~„ Nay: 0
MOTION CARRIED
Agenda Items 7B and 7C were taken out of sequence and acted on earlier in
the meeting.
B. 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) FLOR 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 FACT;
FINDINGS OF CONSISTENCY; SEVERABILITY AND AN
~" EFFECTIVE DATE (Public hearing and final reading to consider
enactment of Ordinance Number 31-04-03, pursuant to an application (File
Number SSA-2004-01) for a change in land use designation as established
~"" on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from
Conservation to Residential, Medium Density, and a contiguous 0.5-acre
parcel from Conservation to Commercial. The proposed project is known as
Johnston Island)
C. Ordinance No. 52-04-02 Public Hearing and 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
""~ 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 (Public hearing and final reading
to consider enactment of Ordinance Number 52-04-02, an ordinance
seeking to rezone lands from Conservation to Planned Unit Development.
The request seeks to rezone approximately 7.5 acres from Conservation to
Planned Unit Development (PUD). The plan of development proposes a
September 27, 2004 REGULAR COMMISSION MEETING Page 16
mixed-use project with a private marina to include a marina club, lodge and
restaurant. A maximum of 36 residential dwelling units are proposed and
limited to the 3.6-acre residential portion of the site. Proposed development
also includes parking areas, a civic space, marina service facilities and other
associated amenities and accessory uses. Landscaping, preserved open
space and submerged lands occupy the remainder of the site. No
development shall exceed thirty-five (35) feet in height)
D. Ordinance No. 75-04-17 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND
21-31(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED
FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY
PARKING SPACES, ADOPTING ORDINANCE 75-04-17,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 75-04-17 on first reading.
Mayor Meserve explained that the ordinance would correct the amount of
fine to be assessed for illegal parking in ADA accessibility parking spaces.
The Mayor announced that the public hearing for the ordinance would be
held October 11, 2004.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Authorize the City Manager to sign a contract with C.C. Borden
Company for expansion to City Hall and for lobby renovations
in the amount of $407,686 (City Manager)
Motion: Authorize the City Manager to sign a contract with C.C.
Borden Company for expansion to City Hall and for lobby renovations
"'" in the amount of $407,686.
There was no discussion.
September 27, 2004 REGULAR COMMISSION MEETING Page 17
~„ Moved by Waters, seconded by Parsons
` Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~„ Nay: 0
MOTION CARRIED
B. Appointments to the Code Enforcement Board (3) (City Clerk)
Mayor Meserve indicated that he would like to reappoint Ray Breault and
~ Carl Russell to three-year terms on the Board and appoint Suzanne Noel to
fill the expired term of Richard Mann, who served on the board for nine
years and reached the term limit.
Motion: Reappoint Ray Breault and Carl Russell to three-year terms
on the Board and appoint Suzanne Noel to a three- year term on the
Board. (Ms. Noel's appointment fills the position held by Richard Mann
who served on the board for nine years and reached his term limit).
~" It was the consensus of the Commissioners that a Resolution be drafted
commending Mr. Mann for his many years of service on the Code
Enforcement Board.
Moved by Meserve, seconded by Waters
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 E.
Revenue Bond Refunding
~ In addition to the written report, City Manager Hanson recounted that two
months ago the Commission authorized a contract with Dunlap and
Associates to provide financial services to refund the city's outstanding
~ Revenue Bonds and obtain proposals for a bond underwriter and legal
services. However, before this could be accomplished the interest rates
changed making it impossible to continue the process. City Manager
~„ Hanson indicated the interest rates have changed again, and now the city
can take advantage of substantial savings. RFP's will be issued as soon as
o~
~+*
September 27, 2004 REGULAR COMMISSION MEETING PaEe 18
~„ possible and brought back to the Commission for approval. A letter from
Dunlap and Associates summarizing the expected savings is attached and
made part of this official record as Attachment F.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
• Thanked city staff for their work during Hurricane Jeanne.
Commissioner Simmons
• Stated that two months ago Ocean 60 had requested a waiver to the sign
regulations to allow a hanging bracket sign to encroach into the city
right-of--way at their place of business. At that time the Commission
deferred action on the request to allow the Town Center Agency time to
review the application and make a recommendation to the Commission.
She indicated that the Town Center Agency was moving very slowly on
the request, and suggested that staff obtain information on hanging signs
to move the process forward.
"' • Stated she had spoken with a new resident to the city and requested that
consideration be given to create a brochure for new residents that would
encourage citizens to protect our tree canopy and ambience of the city.
Commissioner Parsons
• Reported that he would be attending the Florida Shore and Beach
Preservation Association Conference later in the week.
Commissioner Waters
• Requested that a plaque honoring Richard Mann's service on the Code
'~ Enforcement Board be prepared for presentation at a future meeting. By
consensus, the Commission agreed to the request.
• Commented that the citizens of Atlantic Beach opposed the proposed
Planned Unit Development and reiterated his position that the City Code
for Planned Unit Developments should include an acreage requirement.
Mayor Meserve
• Reminded the Commissioners of the City Manager's upcoming salary
and performance evaluation.
September 27, 2004 REGULAR COMMISSION MEETING Page 19
• Commented that it was good to see neighbors helping neighbors after
Hurricanes Frances and Jeanne.
• Recounted an incident relative to an unlicensed contractor leaving a cut
up tree, which was downed by Hurricane Frances, piled in the street for
city crews to pick up. It was pointed out that the city code required the
contractor to remove the debris, but because he did not do this, the
owner was forced to pay to have the debris removed. The Mayor
requested that staff looking into modifying the code for emergency
situations, such as those caused by the back-to-back hurricanes.
• Recounted problems experienced during Hurricane Frances and
indicated he would be meeting with Jim Dickinson of the Jacksonville
Electric Authority (JEA) to discuss better communications, electrical
system integrity and mapping of the system. The Mayor believed the
city should make a formal request in writing for the JEA to address
these items.
Commissioner Parsons inquired if the city could take over the system
from the JEA. Discussion ensued. The Mayor felt it would not be
feasible to do so, but requested that staff review the contract with the
JEA to see if this was an option.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:05 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Jim Hanson
Interim Municipal Clerk
~.