Draft Min 11-08-04
MINUTES
REGULAR CITY COMMISSION MEETING
NOVEMBER 08, 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 Mayor Meserve was followed by the Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
October 25, 2004
Motion: Approve Minutes of the Regular Meeting of October 25, 2004
as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
~"" Alan Potter of 374 2"a Street spoke in opposition to Item 7D, the
ordinance for refunding of Series 1996 Utility Revenue Bonds. Mr. Potter
believed increasing debt to refund the bonds was not a way to save money
~" for the citizens of Atlantic Beach.
~_
Stephen Kuti of 1132 Linkside Drive expressed concern for the placement
'~ of signage for the Plaza bicycle path relative to the exits from the Selva
Lakes development, which he considered to be dangerous for bicyclists to
cross. He also opposed the proposed Johnston Island development (Items
7B and 7C).
Sharon Scholl of 2049 Selva Marina Drive referenced comments made
,~.
during the September 27, 2004 Commission Meeting and stated she would
November 8 2004 REGULAR COMMISSION MEETING Paae 2
not be opposed to some type of development, if she knew the
hydrology/geology of the island would support the proposed development.
She urged the Commissioners to look at the whole project and reject it if
they thought the island was not stable enough to support the proposed
development.
Carolyn Wood of 303 6th Street reiterated her opposition to the
development expressed during the September 27, 2004 Commission
Meeting. She indicated that she had been in contact with David Roach of
the Florida Inland Navigation District, who informed her that he had
contacted the developers to inform them they would not be allowed to put
any commercial development in their easements. She urged the
Commissioners to retain the Conservation land use designation.
Steve McGuire of 328 10th Street expressed concern for the direction he
believed the city was taking relative to enforcement of the parking code and
spoke in opposition to "selective" law enforcement on his street. Mr.
McGuire indicated that he had received a ticket during the night for parking
in front of his home opposing traffic, but others had not. He also
commented on the following: (1) A ticket received by a Stanton College
Prep student for honking his horn, (2) That it was illegal to skateboard in
the street in Atlantic Beach, and (3) The potential problems at the skate park
if it was unsupervised.
Chief Thompson responded that parking tickets were being issued for cars
parking opposed to traffic at night because there were no reflectors on the
front of the car and complaints had been received that on-coming traffic
could not see the parked cars in the dark. He indicated that the horn
honking frightened elderly drivers and the ticket was issued after receiving
complaints.
J.P. Marchioli of 414 Sherry Drive commented that he never parked the
,~ wrong way on Sherry Drive and complained of speeders on his street. He
suggested that the owners of Johnston Island (Items 7B and 7C) secede
from the city and agreed with Mr. Potter concerning the bond refunding
~* (Item 7I~), -
__
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
~"" There was no follow-up report.
Consent Agenda 4. Consent Agenda
?"" A. Acknowledge receipt of Public Safety Department Monthly
Report for September, Report of New OccupationalZicenses
~•
~"
November 8 2004 REGULAR COMMISSION MEETING Paae 3
issued in October and Public Works and Utility Departments
Monthly Report for October (City Manager)
B. Award Lawn Maintenance of City Parks to Cuyler's Lawn
Service in the amount of $60,528 (City Ntanager)
C. Authorize the City Manager to sign a Joint Use Agreement with
the City of Jacksonville allocating $35,000 for the Skate Park
(City Manager)
D. Approve the list of items to be declared surplus (City Manager)
E. Authorize the Mayor to sign the application and subsequent
paperwork relative to the Local Law Enforcement Block Grant
(City Manager)
F. Approve the annual increase of $4,467 to the contract of First
Vehicle Services for one year, from 12/1/04 through 11/30/05
(City Manager)
Motion: Approve Consent Agenda Items A through F as presented
There was no discussion.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
There were no Committee Reports.
Action on Resolutions 6. Action on Resolutions
There was no action on Resolutions.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-04-68 Public Hearing and Final Reading
~""` Q.RDINANCE NO. 20-04-68 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA
FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND
1"` ENDING SEPTEMBER 30, 2004
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 20-04-68 on final reading
Mayor Meserve explained that the ordinance would make year-end
adjustments to the accounts listed.
±r
November 8 2004 REGULAR COMMISSION MEETING Pa e 4
,~. Mayor Meserve opened the floor for a public hearing. No one spoke and he
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
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) FOR LANDS AS DESCRIBED HEREIN FROM
CONSERVATION TO RESIDENTIAL, LOW DENSITYAND
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
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 31-04-03 on final reading
Mayor Meserve opened the floor for a public hearing.
Michael Sheklin of 1985 Brista De Mar Circle believed the property
lacked the acreage for an upscale development and parking. He also
expressed concern for ingress and egress, which he believed would cause
future problems. Mr. Sheklin believed it would be dangerous to allow a
marina at that location due to the swift current near the bridge. He urged the
Commission to keep the Conservation zoning and oppose the development.
Former Mayor Lyman Fletcher of 809 East Coast Drive spoke in
~. opposition to the Johnston development. He stated that he was opposed to
mixing commercial with residential uses and urged the Commissioners to
consider denying the developers the option of building commercial. He
~. believed approval of the project would set a precedent for the future
development of the Dagley property. He requested that if the project was
November 8 2004 REGIJLA.R COMMISSION MEETING Pa e 5
+~* approved in some form, that the rights granted to the developer run with the
developer and not the land. Former Mayor Fletcher also requested that the
Commissioners give deference to the recommendation of the Community
~"' Development Board at two different meetings to deny the request and
warned them of the potential for hidden costs associated with the
development.
~"'
Mary Billotti of 469 Pablo Point Drive, Jacksonville and Patricia
Hairston of 13560 Picarsa Drive, Jacksonville, spoke in opposition to the
~"'' development. A written copy of Ms. Billotti's objections is attached and
made part of this official record as Attachment A.
""~' No one else spoke and the Mayor closed the public hearing.
Ron Zajack, a managing partner of Bridge Tenders, Inc., introduced Laura
Johnston Perkins, Carl Smith, and Bill Holland, Ms. Perkins' lawyer from
Valdosta, Georgia. Mr. Holland provided background information
concerning her family's ownership of the island and the purchase of the
property by Bridge Tenders, Inc. It was pointed out that Ms. Perkins was a
partner in Bridge Tenders, Inc. and supported the development of the island.
Mayor Meserve reopened the public hearing.
Valerie Britt of 71 San Pablo Road North, Jacksonville, distributed a
handout citing the Pablo Point Civic Association's objections to the
proposed development. A copy of the handout is attached and made part of
~„ this official record as Attachment B. Ms. Britt summarized the objections.
Mayor Meserve closed the public hearing and explained that the proposed
~,,, development project of Johnston Island would be considered in two parts:
the changing of the land use designation on the Future Land Use Map
related to a small scale development activity from Conservation to
,~. Residential, low density and a contiguous .5-acre parcel from Conservation
to Commercial; and the rezoning of the land from Conservation to Planned
Unit Development (PUD).
The Mayor stated that comments had been made insinuating that if the
Commission took a positive action on the requests, it would be committing
an illegal act. He requested an opinion from the City Attorney.
City Attorney Jensen advised that all action proposed to the City
Commission was legal.
Commissioner Waters inquired if the commercial rezoning was eliminated
from the project would they be able to do everything they want under the
low-density residential designation.
November 8, 2004 REGULAR COMMISSION MEETING Paee 6
}" Mr. Zajack responded that nine months ago, Bridge Tenders applied for a
mixed use PUD to designate a commercial designation, which under the
PUD classification, they would establish the use and one year from now
""' they could not put something else, like a McDonalds on the site. He
believed the Commissioners would have to put some reliance in the city's
PUD process. He indicated that too much time had gone by to change the
request and preferred to proceed with the current request.
Commissioner Waters rephrased the question and asked if what they wanted
~"' to accomplish could be done if the entire parcel was rezoned low-density
residential, or did they have an inherent investment in the commercial as
opposed to the residential. Mr. Zajack responded that the mixed use PUD
'~ allowed the exact same thing as residential with ancillaries and they had not
taken the time to look at the other designation.
Mayor Meserve referenced a statement included in the application which
indicated that Bridge Tenders agreed or intended to agree that any dining
facilities, marina, lodge or club would be restricted to use by members and
their guests only and would not be open to the general public. The Mayor
inquired as to this statement and Mr. Zajack responded that nine months
~ ago, it was agreed to make it a private facility, which means that only club
members could use the facility. The Mayor inquired as to what would be
considered a commercial facility, if it were only for members. Mr. Zajack
~., stated that it was termed a private club, not a commercial facility. The
Mayor inquired if only the people who lived there and their guests would be
able to use the facilities constructed on the land. Mr. Zajack responded the
~, residents; their guests and club members would be able to use the facilities.
Mayor Meserve summarized the revisions to the project since the initial
~. submission.
Commissioner Waters inquired as a worse case scenario, if the development
was totally destroyed by an act of God, what could be redeveloped on the
site relative to the Commercial designation. Community Development
Director Doerr stated that the Commercial designation would remain and
would be subject to the same federal, state and local redevelopment
standards,as the rest of the city.
Commissioner Parsons inquired as to what would be allowed under
Conservation zoning. Ms. Doerr responded that there were no permitted
uses under Conservation, but they could apply for ause-by-exception.
Ms. Doerr explained the use-by-exception process.
'~'' Commissioner Beaver inquired if the other amenities (the lodge and
restaurant for guest use only) would be allowed if the property were
t~
November 8, 2004 REGULAR COMMISSION MEETING Page 7
changed to residential, low-density. Ms. Doerr responded that the question
was posed if these could be considered accessory uses to the residential use,
and indicated that if it was not clear that it was prohibited in the zoning
~' regulations under the 1990 Comprehensive Plan, there could be some
interpretation involved, which she understood concerned several
Commissioners. Commissioner Beaver expressed concern that if
something down the road happened to require redevelopment, and if a
scaled down commercial aspect was allowed and the map amended now;
the future redevelopment might focus on a dramatically different type of
commercial.
~, Community Development Director Doerr indicated that approval of the
amendment to the Future Land Use Map authorized no development or
issuance of any permits. It was pointed out that the PUD and subsequent
~„ development plans would have to be approved by the Commission. After
that, the construction, engineering and drainage plans must be approved at
the local level and by all the other permitting agencies prior to the issuance
,~. of any permits by the city authorizing construction in accordance with the
PUD.
~. Discussion ensued. Ms. Doerr emphasized that the PUD would bind the
commercial aspect of the property, unless the PUD expired, which would
require a new PUD. It was pointed out that any future commercial
~. redevelopment would come back to the Commission and be reviewed under
the land development regulations and Comprehensive Plan in effect at that
time.
Commissioner Beaver confirmed that the only commercial development
would be what was allowed under the PUD, and the only way the
commercial development could increase in scope, size or shape, would be
that a future Commission approved the change.
~' There being no further discussion, Mayor Meserve called for a roll call
vote.
'"" Moved by Beaver, seconded by Simmons
Votes:
=,'
Aye: 3 -Beaver, Simmons, Meserve
!"'""' Nay: 2 -Parsons, Waters
MOTION CARRIED BY A THREE TO TWO ROLL CALL VOTE
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
~'"
November 8 2004 REGULAR COMMISSION MEETING Paae 8
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 PROVIDINGAN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No 52-04-02 on final reading
Mayor Meserve opened the floor for a public hearing.
Carolyn Woods of 303 6`h Street stated she opposed the PUD and believed
the previous ordinance should never have been passed.
Lyman Fletcher of 804 East Coast Drive spoke in opposition to the PUD
and warned the Commissioners of unintended consequences relative to the
approval of the commercial aspect of the development.
,~ Tom Goelz of 631 Beach Avenue questioned the PUD procedure and stated
he was not comforted by the idea that the Commercial aspect of the PUD
could not become anything else without a public hearing and Commission
approval. He believed the Commission could not really control what could
be developed on Johnston Island five or ten years down the road.
Alan W. Potter of 374 2"d Street spoke in opposition to allowing a "private
club" as part of the development.
Michael Sheklin of 1985 Brista De Mar Circle urged the Commissioners
to proceed cautiously and preserve public access to the water and character
ofAtlantic Beach as a coastal wetlands community.
Catherine Kane of 1969 Brista De Mar Circle expressed concern for
traffic problems that could be caused by the development.
ValerieBritt of 378 Tilefish Court, Jacksonville, spoke in opposition to
the project and stated by approving the previous ordinance, the Commission
had done the wrong thing for the community. She reiterated her position
that the proposed project was inconsistent with the Comprehensive Plan and
did not comply with state statutes and the Land Management Act. She also
disputed the statements made by Community Development Director Doerr.
No one else spoke and the Mayor closed the public hearing.
Ron Zaj ack indicated that for the record, he wanted it known that neither
Ron Zaj ack nor anyone in his organization made a contribution to any of the
~.
November 8 2004 REGULAR COMMISSION MEETING Pa e 9
~"' Commissioners or the Mayor or any elected official in the community.
Concerning Mr. Sheklin's comments, Mr. Zajack stated that the development
~' going on across the intracoastal had only built one-third of the units, and it
would look different than expected when built out.
Mr. Zajack indicated that early on, the Commission was informed that they,
the developers, would provide water and sewer for the project, built to the
city's specifications. He indicated that at the city's request, the development
would be a private development, owned by the association to be formed
under the laws of the State of Florida. He pointed out that under the current
ordinance, the PUD allowed mixed uses.
Tony Robbins of Prosser and Hallock stated he agreed with the revisions to
the project, as listed on Pages 2 & 3 of Ms. Doerr's staff report, and
indicated he would be happy to answer questions concerning those changes.
Mr. Robbins addressed Commissioner Simmons' concern relative to the
shared parking. Mr. Robbins explained that under the PUD process, in the
existing land development regulations, by exception, Section 24-162 allowed
for off-street parking lots in all nonresidential districts, which must meet the
listed requirements. To address comments relative to traffic concerns, Mr.
Robbins indicated that the developer's and the independent analysis from the
Regional Planning Council both indicated there would be no significant
impact on traffic from thirty-six units, and the property was being developed
at twenty-one units. Mr. Robbins pointed out that this was a redevelopment
project, and was not like the one across the intracoastal. He further indicated
that for forty years the land was used as a mixed use, and it was not coming
in to take out Dutton Island, but to clean up and present a positive project
developed within the confines of the Comprehensive Plan. He pointed out
that the PUD was a binding document to ensure a level of comfort for the
Commissioners. He indicated that engineering and detailed plans for the
development would come back to the Commission for approval, and in
addition to meeting the city's requirement, permitting procedures would also
be required by the FDOT, the FDEP, the ACOE, and the SJRWMD. . ,
Commissioner Waters inquired concerning hidden costs, and asked what
would be done to keep the island from eroding away. Mr. Robbins indicated
there was a stabilization plan for the existing shoreline, which would prevent
further degradation of the land. He indicated that a detailed plan would be
sent to the regulatory agencies for approval and would involve rip/rap for
stabilization.. Commissioner Waters inquired concerning the type of building
materials that would be used. Mr. Zajack indicated that the project had not
been redesigned and was to be concrete on pilings.
Commissioner Waters hoped there would be no South Beach stucco type
November 8~ 2004 REGULAR COMMISSION MEETING Paae 10
~" development. Commissioner Waters suggested that Mr. Zajack take a walk
on the beach and note the architecture to keep within the character of the
city.
r•
Commissioner Waters expressed concern that the bed and breakfast/lodge
could turn into a hotel and inquired as to how the lodge would be utilized.
~" Mr. Zajack responded that the lodge was for the residents and their guests
and would probably be built as suites found in a motel. He indicated that
two bedroom units would be in violation of the spirit of the PUD. He further
~ indicated that ten to twelve lodge units would be built above the club.
Commissioner Waters inquired if the PUD could run with the applicant and
~ not with the land. City Attorney Jensen advised that the PUD was a
classification of property and this was a zoning change and must go with the
land, not with the developer. He further indicated that the mixed use PUD
controlled the usage. Community Development Director Doerr reported
that, if the project does not develop in accordance with the terms of the
~, PUD, it could expire. An expired PUD cannot be developed without
renewing and re-establishing the rights within the PUD.
~,,, Mayor Meserve recapped that the Commission understood the maximum
number of units would be twenty-one with the height of 35-feet, and some
type of commercial development at 6,000 square feet opened only to
~. members and guests, not open to the general public. Mayor Meserve
inquired concerning the developer's vision for-the lodge, club and restaurant.
~. Mr. Zajack responded that it was envisioned that there would be a marina
with a clubhouse and if they are guests or members who park their boat
there, they could stay at the lodge. He indicated that he never envisioned
the general public would come in to stay at the lodge or eat at the restaurant.
He indicated that to use the facilities, the person must be a member or guest
of a resident.
The Mayor stated that as the process moved forward a final design would be
brought to the Commission, and inquired as to when the Commission could
set the limitations on the project, mutually acceptable to the Commissioners.
~-
Community Development Director Doerr suggested at the time the detailed
development plans came back before the Commission, before any permits
are issued, you could ask the applicants if they would consider bringing a
design representation of the project. She indicated at that time, the
developers maybe far enough along to have some idea of what the
architectural types would look like. She noted that the Commission had
rights to impose certain restrictions that they could not in a regular
residential district, however, at this time the city does not dictate
architectural design anywhere else in the city other than what is done in the
~*
November 8, 2004 REGULAR COtiIMISSION MEETING Paae 11
~"' commercial corridor standards. She indicated that in the future, the city may
do that and at the time of permitting, if it is not set forth in the PUD, what
ever was in the land development regulations would prevail.
It was pointed out that if the PUD was approved, the Commissioners would
still have a another chance to review the project when the detailed
`'~ development plan is presented to the Commission for approval. Discussion
of the commercial aspect ensued.
Ms. Doerr read the following, which the applicant has agreed to have added
into Section Three of the PUD: "Further, use of the marina lodge and club,
including any restaurant or dining facilities, shall be restricted to use by
members and their guests only and shall not be open to the general public. It
is the express intent that the marina lodge and club remain as a private
~, country club type facility for use only by bonafide members and their guests
with no general commercial business activity permitted and any conversion
to such commercial uses is prohibited".
Commissioner Beaver expressed uncertainty concerning the sale of club
memberships and believed this type of activity would not fit in with the
character ofAtlantic Beach. He also believed he did not have enough
information concerning the size and configuration of the lodge and the
number of memberships. Mr. Zajack indicated that he could not give
specifics at this time because they were not known. He indicted that they
would meet all the city's requirements, including parking for the lodge.
Commissioner Simmons agreed that parking could be a concern relative to
the number of memberships sold. She inquired concerning the maximum
capacity for the restaurant and was told that the Fire Code determined the
number ofpatrons who could occupy the restaurant at one time. As an
example, it was pointed out that all of the members could not occupy the
restaurant at one time and the size of the project also set.limitations on the
restaurant and lodge use. She expressed concern for noise and was informed
the city had a noise ordinance to set limits on outside entertainment.
Commissioner Simmons indicated that she would like to find a balance
between,, property and community rights. She believed the island would not
make a load park because of the cost, location, needed maintenance to keep
it from eroding, and the swift currents in the Intracoastal waterway at that
location. Commissioner Simmons recapped all of the revisions to the project
and commented on the positive changes, including the deep-water marina,
which would allow residents a place to park their boats.
Commissioner Simmons reminded the Commissioners that they would see a
final development plan and believed money would not be spent if it was not
'~"' going to be a quality project. She pointed out that the developers were
willing to evolve with the Commission's requests and believed the
November 8, 2004 REGULAR COMMISSION MEETING Paee 12
Commissioners needed to have some faith that it would be a good
development for the city.
The Mayor believed the marina/lodge should be defined, and believed, from
his past experience that the FDOT would not allow a traffic light at the base
of the bridge.. He inquired if no traffic light could be included in the PUD.
City Attorney Jensen believed language could be added to the PUD
indicating that the developer would agree not to request a traffic light in the
future.
Discussion of controlling architectural style ensued and Community
~ ~ Development Director Doerr indicated that appropriate language could be
included in the PUD.
~„ Community Development Director Doerr clarified that the motion included
the statement she read into the record and language that the developer would
agree not to request a traffic light in the future.
Amendment to the motion: Amend ordinance to include statement read
by Community Development Director Doerr concerning the use of the
marina, lodge and club; and to include language indicating that the
developer would agree not to request a traffic light in the future
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
~* Nay: 0
AMENDMENT TO THE MOTION CARRIED
The Mayor called for a roll call vote.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 2 -Simmons, Meserve
Nay: 3 -Beaver, Parsons, Meserve
MOTIONFAILED BY A TWO TO THREE ROLL CALL VOTE
~~
The Mayor called aten-minute recess and the meeting was reconvened at
10:00 p.m
D. Ordinance No. 15-04-10 Introduction and First Reading
AN ORDINANCE OF TFIE 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
November 8 2004 REGULAR COMMISSION MEETING Paae 13
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 CITY MANAGER
'~""' OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS
TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS
SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE.
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No. 15-04-10 on first reading
Finance Director Van Liere explained the bond refunding procedure and
indicated the city would save $1 M.
Discussion ensued concerning the procedure for selling the bonds.
The public hearing for the ordinance will be held November 22, 2004.
Moved by Parsons, seconded by Beaver
Votes:
Aye:
Nay:
M07
Miscellaneous Business 8.
A.
5 -Beaver, Parsons, Simmons, Waters, Meserve
0; T,~
'ION CARRIED
Miscellaneous Business
Tom McMenemy's appeal of the Tree Conservation Board's
decision (City Manager)
Mayor Meserve indicated that Mr. McMenemy of 1845 Hickory Lane was
appealing a finding of the Tree Conservation Board and this appeal was to
be considered a quasi judicial hearing by the Commission. He requested
that the City Attorney explain how the hearing should be conducted.
~"
November 8 2004 REGULAR COMMISSION MEETING Pa e 14
''~" City Attorney Jensen advised that Mr. McMenemy should receive due
process under the city's code of ordinances and a decision should be based
on substantial evidence presented. He also advised that it should be
„~ disclosed if any Commissioner discussed this matter with anyone prior to the
hearing.
Commissioner Beaver disclosed that he had personally spoken with Mr.
McMenemy.
Building Official Ford provided background information and indicated that
Mr. McMenemy removed atwenty-four inch diameter oak tree from the
right-of--way adjacent to his home without a permit. Mr. McMenemy was
referred to the Tree Conservation Board who assessed mitigation for the tree
at $117 per inch for a total mitigation of $2,808. A tree survey taken before
the Selva Marina street resurfacing project was displayed showing the
location of the tree.
~,,,,, Mr. McMenemy stated that he was still not sure that the tree, which was
removed, was on city right-of--way.. He indicated that when the streets were
private, his property line went into the street, and when the city took over
,r - maintenance of the streets, he believed that his lot line now went to the edge
of the street.
Commissioner Waters inquired as to why he wanted the tree removed. Mr.
McMenemy responded that it was spongy and he feared it would fall on his
neighbor's house.
Mayor Meserve inquired if the residents of Selva Marina were given maps
showing the rights-of--way after the project-was completed.. City Manager
Hanson responded that they were not given maps.
Discussion ensued. The Mayor felt Mr. McMenemy should be given the
~"' benefit of the doubt concerning the right-of--way line, and inquired as to how
the mitigation fee was determined. Mr. Ford explained the assessment:
Commissioner Waters believed Mr. McMenemy should replace the tree on
the right of•--.way with a smaller, healthy tree.
Commissioner Parsons believed mitigation should not be waived.
Motion: Deny the request of Mr. McMenemy to waive the Tree
~' Conservation Board mitigation assessment of $2,808 for property
located at 1845 Hickory Lane.
Discussion of the right-of--way line ensued. Mayor Meserve acknowledged
that some confusion regarding right-of--way ownership could exist.
November 8, 2004 REGULAR COMMISSION MEETING Paee 15
"'" Commissioner Beaver agreed that this could be a "gray area" and requested
that letters be sent to the homeowners in the area regarding tree removal on
city rights-of--way. Instead of paying the mitigation, Commissioner Beaver
~' suggested that Mr. McMenemy plant back two six-inch live oak trees on his
property.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 2 -Parsons, Waters
Nay: 3 -Beaver, Simmons, Meserve
MOTION TO DENY THE REQUEST FAILED
Discussion of the size of the trees to be planted ensued. It was the consensus
of the Commission that Mr. McMenemy purchase two four-inch live oak
trees to be planted on his property. Mr. McMenemy agreed that he would
purchase two replacement trees as stipulated.
~„ Motion: Waive the Tree Board mitigation assessment of $2,808 and
substitute the mitigation assessment with the planting of two four-inch
live oak trees at 1845 Hickory Lane. One of the trees will be planted on
,~ the right-of--way at a location approved by the city The trees will be
planted within sixty days and must survive for one year after planting
Moved by Simmons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
r~ Nay: 0 -
MOTION CARRIED
Mayor Meserve requested that an article concerning maintaining and
removal of trees on cityrights-of--way be placed in the December Tideviews
newsletter.
B. Request from Beaches Habitat for a Waiver from the
Subdivision Regulations to allow development of individual lots
~abegin prior to final completion and acceptance of street,
drainage and utility improvements (City Manager)
Motion: Approve 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.
Ralph Marcello, Executive Director of Beaches Habitat, introduced Charles
Kennedy, Engineer for the Cornell Two/Scheidel Court project, and
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November 8, 2004 REGULAR COMMISSION MEETING Pa e 16
explained the request. Mr. Marcello indicated that Beaches Habitat would
have most of the infrastructure work completed by January, but wanted to
ensure they could make best use of several volunteer organizations prior to
receiving a certificate of completion for the project. Mr. Marcello indicated
that Beaches habitat would provide a performance bond to guarantee
completion of the project.
Discussion ensued and it was the consensus of the Commissioners to waive
the performance bond. The Commissioner praised the work of Beaches
Habitat for providing affordable housing to the residents of Atlantic Beach.
„~, Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Presentation of the redesign for the five points intersection (City
Manager)
~. Public Works Director Carper presented a conceptual drawing of proposed
improvements to the five points intersection as designed by HDR
Engineering, Inc. A copy of the visual presentation is attached and made
~.- part of this official record as Attachment C. Mr. Carper explained that the
city would have to purchase right-of--way on the corner of Sherry Drive to
make the turn lane from Seminole to Sherry Drive. He indicated that he had
discussed the purchase with the property owner, but no formal action had
been taken. He indicated that the property owner seemed receptive to the
purchase, but his wife expressed concern for moving traffic closer to their
home. It was explained that the new configuration would bring traffic five
feet closer to their home, but it would be safer with the installation of a stop
sign on the turn lane corner.
Discussion of traffic flow through the intersection ensued. Commissioner
Waters pointed out a problem he encountered with traffic stopping on
Seminole vuhen someone was waiting to get into their driveway. Mayor
Meserve inquired if a dedicated right turn lane could be installed on
Seminole for traffic turning onto Plaza. Mr. Carper stated he did not know if
there was enough right-of--way to install the lane and pointed out it would
interfere with the sidewalks. He indicated he would check on the right-of-
way, but felt the additional lane might cause more confusion.
Mayor Meserve commented that this project was part of the city's Strategic
Plan and indicated that in the past, the city had not spent a lot of time or
money on aesthetics. He believed this was the City Ha1UCenter of the city
and this type of improvement would make a nice, focal point for the city,
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November 8, 2004 REGULAR COMMISSION MEETING Page 17
""" .which will eventually tie in with the new bicycle lane. The Mayor indicated
that funds for the improvements could come from funds designated for
Mayport Road improvements, which will not happen this year. He
""" recommended that the five points intersection improvements be completed
in one phase this year.
Public Works Carper inquired. if the mailbox should be moved to the next
median opening on Plaza. The Commissioners concurred that it should be
moved to that location. Commissioner Parson pointed out that the location
marker needed to be relocated from the spot designated for art.
Commissioner Beaver inquired concerning the cost to purchase the right-of-
way and Mr. Carper indicated that it would be approximately $3,000 based
on the property appraiser's value for the land.
Motion: Accept the five points intersection improvements as part of the
City of Atlantic Beach Strategic Plan and proceed with the proiect in
one phase, with funding for the improvements coming from funds
designated for the Mayport Road Proiect.
~,, -Moved by Waters, seconded ~by Simmons
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 commented on each item of his written report, which
is attached and made part of this official record as Attachment D.
Beach Renourishment
~"` Commissioner Beaver expressed concern that the beach cities did not have a
representative downtown to speak for funding for beach renourishment. He
recounted several incidents, which supported his concern, and reiterated the
~"'" need for a consultant.
Mayor Meserve reported that a meeting with the beach Mayors and
Jacksonville Council Member Art Graham was held the previous week and
~"' they came to the same conclusion. He indicated that the three beach cities
agreed to fund Kevin Bodge as their representative to the City of
Jacksonville, and Council Member Graham stated he also would try to add
~"' to the funds for Mr. Bodge. It was also reported that Council Member
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November 8. 2004 REGULAR COMMISSION MEETING Page 18
'"" Graham indicated that he would contact the Jacksonville Public Works
Department and urge them to support the technical expertise of Mr. Bodge.
°~`" The Mayor indicated that he would be meeting on November 16th at 2:00
p.m. with Ron Shoemaker of the City of Jacksonville. The Mayor indicated
that the increase in cost of beach renourishment was a separate issue and the
~' city needed to find out if the cost had increased from $8M to $15M and still
required matching funds.
Public Works Director Ca er re orted that the Co s
rp p rp guidelines had been
published and the Corps would fund 100% to restore the beach to pre-storm
conditions and after that they would go back to the fifty percent matching
~ funds for beach renourishment.
~, It was the consensus of the Commission that Kevin Bodge should be
retained to represent the beach cities. City Manager Hanson indicated he
would ask Mr. Bodge for a proposal to split his services between the three
,~, beach cities.
Public Works Director Carper reported that the City of Jacksonville had
,~„ completed a survey of all of the beaches, but had used the standard 1,000-
foot monuments, instead of the required 500-foot intervals required by the
Corps for beach renourishment. Mr. Bodge was to find out if the Corps
~. would accept the 1,000-foot measurements due to the emergency.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
~,,, City Commissioners Attorney
City Attorney
Commissioner Beaver
• Reported on the Water Conservation Workshop he and Commissioner
Waters attended. He indicated that he had spoken relative to the rate
increase issue and urged them to educate the residents to conserve
water. He indicated that atwo-day per week watering cycle would be
imposed, but it was up to the property owner to decide which two days.
Commissioner Beaver stated he inquired how this would be enforced
and ir,~dicated that the City of Atlantic Beach did not want to be an
enforcer. It was felt that watering on a specific day was easier to
monitor. Exemption of shallow wells was being considered and it was
decided that the irrigation systems for cities and parks were exempt.
Commissioner Waters
• Suggested that an overlay be completed to preserve the ambience of the
Old Atlantic Beach area.
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November 8, 2004 REGULAR COMMISSION MEETING Pa e 19
~. •:• Requested that staff investigate ownership of the marshlands in the city
and if any of the land has been used for mitigation.
Mayor Meserve
• Reported that The Times Union was publishing a special edition to
celebrate the opening of the pier and an ad-copy person had approached
him concerning the city purchasing an ad to congratulate Jacksonville
Beach and he had agreed to purchase one.
A. Appointments to Boards and Committees (Mayor)
The Mayor suggested that a Committee be formed to screen applicants and
make a recommendation to the Commission before anyone is appointed to
one of the city's Boards or Committees. He indicated that he would like the
City Manager, the City Clerk and Commissioner Simmons to serve on the
committee.
Commissioner Waters suggested that a Board or Committee Member also
serve on the committee. After discussion, it was determined that the Board
or Committee Member would be voluntary. The City Manager, City Clerk
and Commissioner Simmons agreed to serve on the committee.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 11:15 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
Municipal Clerk
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