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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. ~' 4 4 ~"" ~. r ~1~' 7>' ~~ ~.' ~~ t~ 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 ~. ~ 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 !^ 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. ~.• ~"'"' 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. F` 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 r 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 ~.