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Draft Min 10-25-04 WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ~'" ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, LOW DENSITY AND COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY ~"" KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE 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. D. Ordinance No. 15-04-10 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL_STATEMENT; AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CTTY MANAGER OF THE AUTHORITY TO AWARD AND DELVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Robert McMenemy's appeal of the Tree Conservation Board's decision (City Manager) B. Request from Beaches Habitat for a Waiver from the Subdivision Regulations to allow development of individual lots to begin prior to final completion and acceptance of street, drainage and utility improvements (City Manager) C. Presentation of the redesign for the five points intersection (City Manager) 9. City Manager ~ A. City Manager's Report 2 ~* ~"' 10. Reports and/or requests from City Commissioners and City Attorney A. Appointments to Boards & Committees (Mayor) Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Ciry Clerk by 5:00 PM, Friday, November 5, 2004. ~"' (Amended to reverse Items 7B & 7C) 3 ~* MINUTES REGULAR CITY COMMISSION MEETING OCTOBER 25, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of October 11, 2004 Motion: Approve Minutes of the Regular Meeting of October 11, 2004 as presented. Moved by Meserve, seconded by Waters Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Alan Potter of 374 2°d Street spoke in opposition to the hiring of consultants in connection with refunding bonds. Mr. Potter asked the City Commission to not hire the consultants under Items 8C&D. Bill Brinton of 1301 Riverplace Blvd., Ste 1500, Jacksonville explained the City of Jacksonville zero-tolerance for litter amendment and answered questions from the Commissioners. He expressed concern that litter has ~ become a serious problem and was surprised to hear that there maybe opposition to the ordinance from the beaches. ~, Sally Clemens of 1638 Park Terrace West requested that the citizens be informed of the. city's finance reports for revenues and expenditures on a monthly or quarterly basis. ~E ~" October 25, 2004 REGULAR COMMISSION MEETING Page 2 J.P. Marchioli of 414 Sherry Drive commented that he and his next-door neighbor experienced a sewage backup into their homes and that was caused by a blockage two lines come together and tie in to the main sewer line. Mr. Marchioli expressed his solutions for the litter problem and supported the statement of Mr. Potter. GAI Consulting Report A. GAI Consulting Report Regarding FDOT's Response to the Regarding FDOT's Mayport Road Median Project. Response to the Mayport Road Median Ron Hoogland, P.E. with GAI Consulting Engineer for the project, updated Project. the Commissioners on the plans to construct the medians on Mayport Road between Atlantic Boulevard and Dutton Island Road, and provided a progress status report, which included the FDOT proposed alternative and possible future alternate. The project funding, estimated cost and construction schedule were also reviewed. A copy of the report is attached and made part of this official record as Attachment A. Mr. Hoogland pointed out several issues, which would need to be worked out with City of Atlantic Beach, the City of Jacksonville and the FDOT before the project could begin. It was explained that the FDOT may require a design variance in order to plant trees in the median due to their requirement that trees be planted six- feet from the edge of the travel lane. A question and answer session followed the presentation. Motion: Accept the proposed plan with the twelve-foot medians and request a design variance to allow tree planting in the medians. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report The City Manager stated that he would save his comments for Item 9. (See Item 9A) Consent Agenda 4. Consent Agenda ~!* October 25, 2004 REGULAR COMMISSION MEETING Page 3 Commissioner Simmons requested that Agenda Item 4B be removed from ""' the Consent Agenda for discussion and Commissioner Waters requested that Agenda Item A be removed for the Consent Agenda for discussion. C. Extend the Landscape Maintenance Annual Contract for Utilities and Public Works Bid No. 0304-5 (City Manager) D. Extend the contract on Annual Professional Land Surveying (City Manager) Motion: Accept Consent Agenda Items C and D as presented. There was no discussion. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED A. Acknowledge receipt of Utility Sales Report for September (City Manager) Commissioner Waters commented that compared to September of 2003 the percentage of loss had decreased and inquired as to whether or not it was temporary. City Manager Hanson responded that it was a temporary situation and explained the different variables that affect sales. The Utility Sales Report was received and acknowledged as presented. B. Approve designated streets for the Tree Planting Program (City Manager) Commissioner Simmons requested that the project of planting oak trees at !~"' the first block of Beach Avenue between the Sea Turtle parking lot and Beach Avenue be completed and reported that a citizen has agreed to water the trees until they become established. Commissioner Waters reported that Hibiscus Street may need to be added to the list for tree planting in a couple of years and that a number of street signs were missing on the street. Motion: Approve the list of designated streets as presented and add the "~" first block of Beach Avenue to the list. (A copy of the Staff Report listing October 25, 2004 REGULAR COMMISSION MEETING Page 4 the approved trees is attached and made part of this official record as "'~' Attachment B) Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Pension Board Report for Police and General Employee Pension ~ Plans Pension Administrator/Finance Director VanLiere updated the ~„ Commissioners on the new members of the board and explained that the primary role of the Pension Board was to manage the funds' assets. ~„ He reported that over the last year, the assets had grown due to internal investments, contributions from the city, less benefits being paid out, and lower expenses related to administering the pension plan. Mr. VanLiere gave a brief overview of the reports provided. A copy of his report is attached and made part of this official record as Attachment C. He requested that the City Commission determine which reports they would prefer to receive and the frequency. Discussion ensued. It was the consensus of the Commissioners that a report showing the September 30, 2004 figures would be provided, and they would decide at that time if additional reporting throughout the year was desired. Action on Resolutions 6. Action on Resolutions There was no action on Resolutions. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-67 Public Hearing and Final Reading ORDINANCE N0.20-04-67 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 The Mayor read the ordinance by title only. '"'~ Motion: Approve Ordinance No. 20-04-67 on final readinE. ~ October 25, 2004 REGULAR COMMISSION MEETING Page 5 !'" Mayor Meserve explained that the ordinance would roll over unexpended funds from the previous budget and allocate them toward FY 2004/2005 budget. Mayor Meserve opened the floor for a public hearing. No one spoke and he closed the public hearing. 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. 20-04-68 Introduction and First Reading ORDINANCE N0.20-04-68 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-04-68 on first reading. Mayor Meserve explained that the ordinance was required for a budget ~• amendment and would allow funds to be moved around into the correct accounts. It was announced that the public hearing and final reading of the ordinance would be November 8, 2004. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve !~"' Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from Won Yoo Chun for a waiver from the sign ~"' regulations to allow for the complete face replacement on an existing nonconforming sign located at 1480 Mayport Road (City Manager) ... October 25, 2004 REGULAR COMMISSION MEETING Paee 6 Mr. Yoo Chun Won, owner of 1480 Mayport Road, presented his request for the waiver and indicated that the sign structures would not be changed and that no additional signs would be added if the waiver was granted. Mayor Meserve noted that the same issue had come up before and that he expected more requests to come in because of the recent storms that had blown signs down. Motion: Dent/ the request for a waiver from the sign regulations for the property located at 1480 Mayport Road. Commissioner Beaver pointed out that as every sign needed to be replaced, it would have to conform to the eight-foot height limit. Commissioner Simmons expressed her support of the stricter sign regulations and emphasized the need to adhere to them. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Proposed Revision of St. Johns River Water Management District Rule 40C-2 (City Manager) City Manager Jim Hanson explained there was a proposal to change the lawn watering rules that would require citizens to water only two days a week. He indicated that a hearing would be held to receive comments from the cities and counties. Discussion ensued. It was the consensus of the Commissioners that two days of week for watering was not enough and believed that the new water ~"" rates would promote conservation. Commissioner Beaver advised the Commissioners that he would represent the city at the meeting later in the week and express their concerns. C. Authorize City Manager to hire Livermore, Freeman and McWilliams for bond counsel for the purpose of refunding the Utility Revenue Bonds, Series 1996 (City Manager) Sylvia Dunlap, Financial Advisor with Dunlap & Associates, gave a brief overview of the bond rates and indicated that the city could save a significant amount by refunding the bonds. She recommended that the city move forward with the refunding before the rates go up. f October 25, 2004 REGULAR COMMISSION MEETING Page 7 Jack McWilliams, Bond Counsel with Livermore, Freeman and '~"" McWilliams, answered questions from the Commission and explained the fees, schedules and reports. Motion: Authorize City Manager to hire Livermore, Freeman and McWilliams for bond counsel for the purpose of refunding the Utility Revenue Bonds, Series 1996. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Authorize City Manager to hire A.G. Edwards as the Senior Manager and J.P. Morgan as Co-Manager for Underwriting Services for the Purpose of Refunding the Utility Revenue Bonds, Series 1996 (City Manager) City Manager Hanson explained that an underwriter was necessary when selling bonds and the companies were fully qualified and came highly recommended. Sylvia Dunlap, Financial Advisor with Dunlap & Associates, answered questions from the Commission and explained the reason for two separate managers was to have a good distribution of capabilities in both retail and institutional. Jack McWilliams, Bond Counsel with Livermore, Freeman and McWilliams, explained municipal bond law, federal tax law, advance refunding and current refunding and how they related to the city's debt. Motion: Authorize City Manager to hire A.G. Edwards as the Senior Manager and J.P. Morgan as Co-Manager for Underwriting Services for the Purpose of Refunding the Utility Revenue Bonds, Series 1996. ~"" Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve '" Nay: 0 MOTION CARRIED r°" E. Extend the contract for Security Improvements to Access Limited to include additional areas for an additional $149,266 (City Manager) ~• ~' October 25, 2004 REGULAR COMMISSION MEETING Page 8 Motion: Extend the contract for security improvements to Access Limited at a cost of $149,266.00 to add the following areas: Water Plant 4, Wastewater Plants 1 and 2, Public Works, Adele Grage and City Hall buildings. Moved by Parsons, seconded by Simmons Votes: Ayer 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED F. Discussion and related action on the City Manager's Compensation (Mayor) Mayor Meserve recommended a 5% pay increase for the City Manager. Discussion of the City Manager's performance ensued. Motion: Approve a 5% pay increase for City Manager Jim Hanson. Moved by Meserve, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: Beach Renourishment • Advised that federal funding for beach renourishment had been approved. Skate Park •'• Reported the city received only one bid in the amount of $315,000 for the Skate Park, which was $175,000 over budget. It was recommended ~ that the project be rebid without fencing, sidewalk and landscaping in order to get additional bids and stay within the budget. ~ Board Training !~' October 25, 2004 REGULAR COMMISSION MEETING Paee 9 ~,,,, • Advised that the Community Development Board Training on key legal issues relating to zoning and land use was scheduled for November 16th from 6-8 pm in the Commission Chambers, and invited the City ~ Commission to attend. He reported that training on Parlimentary Procedure had not been set up. Shade Meeting • City Manager Hanson reminded the Commissioners that a Shade s,. Meeting to discuss the Police Union contract was scheduled for November 8th at 6:00 pm. Proposed Litter Amendment ~""' Reports/Requests City Commissioners City Attorney • City Manager Hanson commented on the Proposed Litter Amendment. Microphones • Reported that adjustments were made to the microphones to lengthen the stand, which should eliminate the need to lean over to be heard. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Reiterated that he would represent the city at the meeting for the Proposed Revision of St. Johns River Management District Rule 40C-2. Commissioner Parsons • Commented on the beach being pounded at high tide and expressed his desire to have the beach scraping. • Commented on the seaweed debris and inquired if the city had a special fund for beach cleanup. City Manager Hanson indicated that the city had a beach cleaning service that removed litter from the beach, but because state regulations prohibit the removal of vegetative material, the seaweed would typically be covered with sand. Mr. Hanson indicated he expected more money might be needed because of the recent storms but it had not been requested. Commissioner Waters sr~ October 25, 2004 REGULAR COMMISSION MEETING Page 10 ~. • Briefly commented on the Litter Amendment • Reported that he had read atwo-page article in the The Charlotte ~s Observer on Skateboard Parks and suggested that it might be used as a reference for additional bidders. ~* • Inquired if the city owned the Aquatic Gardens Pond. City Attorney Alan Jensen responded that the city did not own the property, but was in the process of foreclosing on a lien on the property and indicated the amount maybe amended to include charges for more clean up. Mayor Meserve ""' • Emphasized the importance of moving forward with beach renourishment. !""' Commissioner Waters commented that he also might attend the meeting for the Proposed Revision of St. Johns River Management District Rule 40C-2. Adjournment There being no further discussion, the Mayor declared the meeting _ adjourned at 9:43 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey Municipal Clerk