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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 ^. 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, ~* ~" 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 ~• _._~ z 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. ~* 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 =,~ ~-