Draft Min 4-10-06..
MINUTES
REGULAR CITY CONINIISSION MEETING
April 10, ?006
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson City Manager Jim Hanson
Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey
Commissioner Mike Borno City Attorney Alan C. Jensen
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Commissioner Borno, was followed by the Pledge of Allegiance to
the Flag.
The Mayor recognized City Councilman Art Graham in the audience.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
March 27, 2006.
Commissioner Simmons asked that the minutes be amended on page 11 to
~" indicate that the Commission specified that the replacement sign must be
identical to the current sign.
Motion: Approve the minutes of the Regular Commission Meeting on
March 27, 2006 as amended.
~" Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
'""" Nay: 0
MOTION CARRIED
Mayor Wolfson reminded everyone of the Community Character workshop
being held the following evening at 6:00 p.m. at the Sea Turtle Inn. He
encouraged anyone wishing to speak on items concerning Community
Character to attend the workshop tomorrow night.
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Jim Smith, 1958 Beachside Court, stated his opposition to the impervious
pool ordinance. He asked the Commission to delay voting on this item in
~.
order to allow further study of other possible solutions.
..
April 10, 2006 REGULAR COMMISSION MEETING Pale 3
Mayor Wolfson noted that there will be public hearings held for a number
~. of the agenda items that evening. He indicated that anyone wishing to
address those items would have an opportunity to speak at that time.
,,~, Adelaide Kirkpatrick, 1242 Beach Avenue, stated her opposition to the
City's recommendation to remove her sidewalk rather than to repair it. She
emphasized how much the sidewalk is used and noted that the sidewalk
~„ connects to other sidewalks. She believed it unreasonable to force people to
walk in the streets. She also mentioned that there is a tree blocking drivers'
view of traffic at the Five Points Intersection.
David Rouleau, 982 Ocean Boulevard, discussed the manner in which the
Commission votes on motions. He stated it is confusing that a vote against
~. a motion is signified by saying Aye. He asked for the Chair to clearly
announce the results of each vote.
Bob Parrish, 1731 Beach Avenue, reiterated his opposition to the
proposed ordinance regarding residential design standards and summarized
discussions from the Commission's workshop that evening. He provided
~' his view of each Commissioner's stance regarding the proposed residential
development standards. He discussed his review of the city files pertaining
to the Community Character issue.
Pat Pillmore, 995 Camelia Street, agreed with Ms. Kirkpatrick's concern
that a tree at the Plaza Road and Seminole intersection of the five-way stop
blocks the view of drivers. She believed the stop sign location should be
adjusted for safety reasons. She mentioned the activities of the Mayport
Waterfront Partnership and the involvement of former mayor John Meserve.
She implored the Commission to listen to the needs and suggestions of the
citizens on the west side of Mayport Road.
Mayor Wolfson congratulated Drew Dixon, journalist for Beaches
Shorelines, on the birth of his second daughter.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
~, City Manager Hanson indicated there is still a question over whether the
covenants and restrictions of the Selva Marina Units are still applicable. He
reported that City Attorney Jensen issued an opinion on the matter and
,~„ distributed it to the Commission. The City Manager stated this item will be
addressed during discussion of Agenda Item 7A.
a.. He provided a status update on the possible removal of the sidewalk on
Beach Avenue. In response to the City asking the block's residents for their
opinions, it was determined that three of the four residents would like the
~. sidewalk removed.
~„ Anril 10, ?OOb REGULAR CO1VIl~IISSION NIFETINC. Page 3
The City Manager stated that the City has been working for years on
establishing public access to the Post Office from Plaza Road. He reported
that the City was finally able to determine a funding source to cover the
costs incurred by the Post Office. He was happy to report that public access
to the post office off of Plaza Road should be open in about two months.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Monthly Report and New Occupational Licenses issued in
March (City Manager)
B. Authorize rejecting the submitted bid for the Resurfacing of
Five Tennis Courts (Bid No. 0506-9) and rebidding the project
with modifications to the bid package to add sportmaster
~. material as an equal, similar to the City of Jacksonville as
recommended by staff (City Manager)
C. Extend the contract for pest control of city facilities for one
additional year to Tru-Green/Chemlawn at the contract price of
$13,492 (Bid No. 0405-9) (City Manager)
D. Extend the annual contract for electrical motor and pump
~'" repairs for one additional year to Industrial Equipment
Services, Inc. at the current contract prices (Bid No. 0304-13)
(City Manager)
'" E. Extend the current annual contract with American Landcare
for Trimming Palm Trees for another year at the current prices:
Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $
15.00 each and Medjool (Date) Palm Trees $20.00 each. (Bid
No. 0304-14) (City Manager)
F. Authorize City Manager to execute a construction services
agreement with Builders Care to proceed with Housing
Rehabilitation for repairs to 402 Skate Road, 631 Amberjack
Lane, 91 Ardella Road and 36 Jackson Road in accordance with
the FY 2005-06 CDBG contract, and approve waiver of the
formal bid procedure for this work in accordance with Section
2-236 (1) of the City Code for reasons as set Forth within the
report (City Manager)
~ Acknowledge the Emergency Repair of Air Main at Wastewater
Plant #1(City Manager)
Mayor Wolfson asked the Commission if they would like to pull any items
~„ off the Consent Agenda for discussion. Commissioner Waters requested
that Item 4F be pulled.
Motion: Approve Consent Agenda Items A-E & G as presented.
~ April 10, 2006 REGULAR COMMISSION MEETING Pale d
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Waters asked if the City recoups the money invested in
~„ rehabilitating a house if it is sold. City Manager Hanson and Community
Development Director Sonya Doerr answered his questions and explained
some of the procedures regarding Builder's Care's scope of work and
„~, permit fees.
Motion: To accept Consent Agenda Item 4F as presented.
Moved by Waters, seconded by Borno
Votes:
~. Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-191, Introduction and Public Reading
AN ORDINANCE OF THE CITY OF A'>~T.ANTIC BEACI~, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE
AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP,
ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE-
FAMILY (RS-1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE
LOT (RS-L) CONSISTENT WITH SECTION 24-104 OF THE
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS AS ENACTED BY ORDINANCE 90-06-189,
WHICH ESTABLISHED THE RESIDENTIAL, SINGLE-FAMILY-
LARGE LOT (RS-L) ZONING DISTRICT CLASSIFICATION,
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION,
AND PROVIDING AN EFFECTIVE DATE
.. Mayor Wolfson read the ordinance by title only and opened the floor to a
public hearing. He asked Sonya Doerr, Director of Planning and Zoning, to
present an overview of the ordinance. She explained that the Commission
~„ recently established the new RS-L zoning district and now the continuation
,,,~ April 10, 2006 REGULAR COMMISSION MEETING Page 5
of that process is to place the zone on the map. She displayed a map of the
area proposed to be rezoned as RS-L. She emphasized that the rezoning
would not affect any existing lot of record, but that any new lot established
in this area must meet the new zoning requirements and be 100 by 100 feet.
~„ She reported that this item was heard at the previous Community
Development Board meeting and that they recommended approval subject
to proper consideration being given to the purpose of the City code as it
relates to the impact of this new district on property values and the
responsibilities of protecting and improving the general welfare of the
public as listed in Section 24-2.
Leonard Cawrse 1756 Live Oak Lane, called the Commission's attention
to page three of Ordinance 90-06-189, which reads that existing legally
~• established lots of record which do not meet the requirements in the new
ordinance may be developed in accordance with the Land Development
Regulations. He indicated that he and several other property owners have
~* been given permission by the City to divide their properties into two
separate lots. Mr. Cawrse consulted with two attorneys, and was told that
he has a legally established lot of record and may divide his property if he
decides to do so in the future. However, he also indicated that the deed
restrictions are still in place and therefore he could not divide his property
unless his neighbors agreed to it. Mr. Cawrse stated that, based on the fact
""' that Selva Marina Units 4-12 have deed restrictions already in place the
rezoning ordinance is unnecessary and this research should have been done
beforehand. He reiterated his opposition to the RS-L zoning.
Dee Reiter, 1798 Selva Marina Drive, fully supported the rezoning and
expressed her love for large lots in Atlantic Beach. She reported that she
~" had spoken with City Attorney Jensen regarding the issue. She believed
that if the area is not rezoned then most of the lots in Selva Marina could be
subdivided under the current City code. She pointed out that currently; the
only way to enforc, the covenants ar~d restrictions is to sue your neighbor
and she did not believe that to be a good solution. She spoke in favor of the
City to rezone the area in order to preserve the nature of the neighborhood
and maintain the large lot sizes.
The Mayor closed the public hearing.
Mayor Wolfson asked City Attorney Jensen to share his opinion regarding
~,, the covenants and restrictions of Selva Marina. Mr. Jensen responded that
he could not give a legal opinion on the applicability of any covenants or
restrictions for any specific lots or units because it is a matter of private
,~ enforcement. He reported that it may differ from unit to unit and from lot to
lot as to whether the covenants, deeds, or restrictions are expired or still
enforceable. He discussed Florida Legislature's Marketable Record Title
~,,, Act as it relates to the properties in Selva Marina. He also recounted an
Attorney General's opinion that covenants and restrictions can not be made
to apply in perpetuity by automatic renewal.
~.
~.
Apri( 10, 2006 REGULAR CONINIISSION MEETING Page 6
Mayor Wolfson asked for clarification and discussed the automatic renewal
provisions of the covenants and homeowner associations of the different
units within Selva Marina. Mayor Wolfson commented on the Community
Development Board meeting and noted that the only citizen who spoke at
the meeting was Mr. George Bull and he stated that the rezoning was
unnecessary because the covenants and restrictions were still in effect in
certain units. Mr. Wolfson pointed out that Mr. Bull's statement was in
conflict with Mr. Jensen's findings.
Commissioner Waters believed the Commission should chose to operate on
protecting the intent of the original development and not allow subdivision
of the lots.
,,. Commissioner Borno expressed concern with Mr. Cawrse's statement and
asked for more information regarding implications of the letter allowing
him to subdivide his property. City Attorney Jensen explained that if he has
~. already been granted administrative approval to subdivide his property, then
he has vested rights to do so.
Ms. Doerr announced that there were eight administrative divisions
approved prior to the moratorium. She confirmed that those approvals are
still valid and are now lots of record. Commissioner Borno asked how
*~ many total lots are within the proposed area for rezoning. He was informed
there are approximately 270 total lots. Ms. Doerr added that, pending
,approval of the first reading, the City will send individual mail notices to all
~"" the property owners.
Motion: To approve Ordinance No. 90-06-191 on first reading.
Moved by Fletcher, seconded by Borno
Votes:
""' Aye: 5 - Berno, Fletcl_her, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 90-06-190, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH
CODE OF ORDINANCES, THE LAND DEVELOPMENT
REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING
THAT SWIMMING POOLS BE CONSIDERED AS FORTY
PERCENT (40%) IMPERVIOUS, AND PROVIDING AN
EFFECTIVE DATE
Mayor Wolfson read Ordinance No. 90-06-190 by title only and opened the
floor to a public hearing.
+~- Anril 10, 200fi REGULAR CONIN[ISSION MEETING Pale 7
Robert Gray, 350 Sixth Street, stated his opposition to the ordinance as
,~„ presented. He provided examples of how it has affected him and his
properties on Sixth Street. He believed his situations to be common
examples regarding onsite retention and lot coverage. He mentioned how
~,. other areas address the pervious/impervious issue of pools and stated that he
has never seen a pool overflow.
Dee Reiter, 1798 Selva Marina Drive, discussed the fact that her pool has
never overflown, even during heavy rains which flooded the 17`h fairway on
the Selva Marina golf course. She stated that her pool can hold a lot of
storm water.
There were no further comments and the Mayor closed the public hearing.
Motion: To approve Ordinance No. 90-06-190 on final reading.
Moved by Waters, seconded by Fletcher
Commissioner Waters discussed instances of the worst storms and rains and
the amount of flooding that occurred in the City. He discussed the major
concerns regarding 10 and 25 year storms. He stressed that any surface that
does not allow percolation is impervious by definition. Commissioner
~" Waters recounted that the City has spent a lot of money to put in a large
storm water system that people could live with without destroying the
neighborhood. He noted that flooding is a problem on a flat island such as
Atlantic Beach.
Commissioner Fletcher asked Rick Carper, Director of Public Works, a
number of questions regarding the reasons for considering pools as pervious
or impervious. Mr. Carper reported that in the Old Atlantic Beach area,
storm water pipes were sized to handle the mean annual storm and the
engineer of the system has stated that any increase in impervious surfaces in
that area will increase the storm runoff. Commissioner Fletcher
summarized that the intent of the ordinance deals with storm water runoff
and the ability to prevent the City from flooding. Mr. Carper discussed the
25 and 10 year storms. Commissioner Fletcher confirmed with Mr. Carper
that the 60/40 ratio of pervious/impervious pool surface was based upon the
9/6 inch ratio of the amount of storm water from a 25 year storm versus a
pool's storm water capacity. He summarized that the City is counting on a
pool to retain 6 inches of storm water.
Commissioner Borno suggested ways to create onsite storage through
~,, landscaping property. He believed the ordinance is a good compromise and
supported it due to the situation with the City's storm water system.
~.. Commissioner Simmons suggested requiring pools to have a 9.3 inch
freeboard, rather than only 6 inches, in order to retain the average amount of
water from a 25 year storm. She encouraged changing the required
°~ standard in order to allow people to build pools at their residences.
April 10, 2006 REGULAR COMMISSION N[EETING Paae 3
Mayor Wolfson referred citizens to a document summarizing the City's
storm water system capacity and regulations and discussed the information
presented. The summary is attached and made part of this official record as
„~ Attachment A. He read excerpts from the document, emphasizing that the
City's storm water system has reached capacity and that every additional
amount of impervious surface in Old Atlantic Beach will increase the
,~„ flooding in surrounding homes. The Mayor also relayed information from a
conversation he had with Robin Harrell, a compliance manager at the St.
Johns River Water Management District. According to Mayor Wolfson,
,„, Mr. Harrell stated that the City of Atlantic Beach is unique and must
carefully address the storm water runoff with future drainage. He advised
not to compromise the storm water system by allowing small increases in
impervious surface area, due to their collective adverse impact. The Mayor
quoted Mr. Harrell as stating that pools are impervious structures and
should be calculated as such.
Mayor Wolfson suggested the option of granting waivers with a significant
impact fee imposed for individuals who wish to install pools. He believed
the impact fees could be put towards funding future storm water
improvements. He believed that only a minority of citizens want pools in
their yards, but the impact on the entire infrastructure affects all citizens.
Commissioner Fletcher commented on how significant the impact fee
would need to be in order to offset the cost of improving the system. He
'~"` asked Mr. Carper about the feasibility of creating pools with 9.3 inch
freeboards. Mr. Carper suggested more research would be needed in order
to determine the specifics associated with that. City Manager Hanson
~'' believed it unreasonable to ask City staff to regulate and enforce the amount
of freeboard on every pool.
Motion: To table Ordinance_No. 90-06-190 in order to continue
researching the issue.
Moved by Simmons, seconded by Fletcher
Votes:
~. Aye: 4 - Borno, Fletcher, Simmons, Wolfson
Nay: 1 -Waters
MOTION CARRIED
C. Ordinance No. 5-06-46, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE
TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS &
COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH
MUST EXPIRE BEFORE A TERM LIMITED MEMBER MAY BE
REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH
~,.
April 10, 2006 REGULAR COMMISSION MEETING Pale 9
HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only and opened the floor to a public
hearing. No one spoke and the Mayor closed the public hearing.
Commissioner Borno still believed that the ordinance should impose the
time limit to members appointed to a_y board, not only to the same board
after being termed out.
Motion: To approve Ordinance No. 5-06-46 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
*^ MOTION CARRIED
~. D. Ordinance No. 95-06-90, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES,
~"' ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION
OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER
LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING
AN EFFECTIVE DATE
The Mayor read the Ordinance by title only and opened the floor to a public
hearing.
Jim Smith, 1958 Beachside Court, asked for clarification on what types of
dogs are considered dangerous dogs. City Attorney Jensen, responded that
the ordinance applies to animals that have been classified as dangerous by
the Animal Control department.
There were no further comments from the public and the Mayor closed the
public hearing.
Motion: To approve Ordinance No. 95-06-90 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
,.~
,~,,,, April 10.200h REGULAR COMMISSION MEETING Page 11)
E. Ordinance No. 95-06-91, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES,
BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY
,~, ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF
PARK RULES AND REGULATIONS, AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only and opened the floor to a public
hearing. No one spoke and the Mayor closed the hearing.
Motion: To approve Ordinance No. 95-06-91 on final reading.
~• Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
~* Nay: 0
MOTION CARRIED
F. Ordinance No. 58-06-31, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
'~' FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT
SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION
~"" RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE
The Mayor read the ordinance by title only. Commissioner Borno pointed
out that this ordinance applies to general employees.
Motion: To approve Ordinance No. 5806-31 on first reading.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
G. Ordinance No. 20-06-76, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
~, THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006
The Mayor read the ordinance by title only.
Motion: To approve Ordinance No. 20-06-76 on first reading.
«,~
„~ April 10, 3006 RF(,ULAR COMMISSION MEETING Page 11
~. Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
„~ Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from Tropic Heating and Air, Inc. for aUse-by-
Exception to allow a heating and air conditioning contractor
(with no outside storage) to be located within the Commercial
General (CG) Zoning District at afully-developed site located at
750 Mayport Road (the former Bonafide Pools -Bob's Palm
Trees site.) (City Manager)
Sonya Doerr, Director of Planning and Zoning, reported that the
Community Development Board recommended approval of the Use-by-
Exception, subject to compliance with the conditions stated in the staff
report. She stated that the CD Board addressed the landscaping of this site
and asked that the owner comply with Chapter 177 of the landscape
regulations by working with the CD Director to address these provisions.
She distributed a diagram of the proposed landscaping plan that had been
agreed upon between the owner and herself. The diagram is attached and
made part of this official record as Attachment B.
James Jackson, 4560 Glen Kernan Parkway East, Jacksonville,
introduced himself as representing Charles Marks, the owner of Tropic
Heating and Air. He pointed out that the site is fully developed and there
will be no planned changes except for landscaping enhancements. Mr.
Jackson reviewed the background summary of the request and the diagram
of the proposed landscaping plan for the site. He reviewed Exhibit A of the
application and mentioned that the business will have a beneficial impact to
the site. Among other things, he reiterated that there will be no
manufacturing, assembly, outside storage or significant parking at the site.
In closing, Mr. Jackson stated that the business will present a clean office
park appearance that will promote property value in the area. He informed
the Commission that the business owner, Charlie Marks, was at the meeting
to answer any questions.
Mayor Wolfson opened the floor to a public hearing.
Jon Lyon, 1837 Sea Oats Drive, urged the Commission to approve the
request for the Use-by-Exception. He indicated that the owner runs a good
business and he believed it will be an improvement to the City.
No one else spoke and the Mayor closed the public hearing.
...
April 10, 3006 RI! GULAR COMMISSION MEETING Page 13
Motion: To approve aUse-by-Exception (UBE-2002-06) to allow a
heating and air conditioning contractor to be located within the
Commercial General Zoning District at 750 Mayport Road with the
following conditions noted:
1) no outside storage of equipment or materials; no manufacture,
construction, heavy assembly involving hoists or lifts, or
equipment that makes excessive noise or fumes shall be
permitted.
2) no more than one business vehicle parked outside on a
continuous basis, and
3) compliance with Landscaping regulations as shown in the
attached landscape improvement survey.
,~ Mayor Wolfson corrected the Community Development Board's
recommended third bullet by stating that the City can not require that the
applicant comply with Section 24-177. City Attorny Jensen further clarified
that Section 24-177 applies to new construction and that, due to the lot
being fully developed, it is not physically possible for the applicant to
comply with those regulations.
Commissioner Borno asked if the applicant intended to store materials in
the enclosed carport. The owner confirmed this.
Commissioner Waters asked for further explanation of why the applicant
can not be required to comply with the regulations in Section 24-177. City
'"' Attorney Jensen responded that the City can not legally impose this
requirement on the applicant due to the fact that they have a fully developed
site. He reiterated that the condition asked the owner to meet with Ms.
'"' Doerr in order to agree upon a suitable landscape design. Commissioner
Waters expressed appreciation for the fact that the site already has a better
appearance.
Commissioner Fletcher questioned if granting this request would be
appropriate with the City's attempts to clean up Mayport Road. He asked
the applicant why he was moving from 1651 Mayport Road to 750 Mayport
Road. Mr. Marks stated that he was previously leasing space and now has
the opportunity to purchase property which is a larger space. He indicated
his desire to allow his business to grow at the new location. Commissioner
Fletcher expressed concern with the business becoming as large an
operation as Ocean State has become. The applicant assured the
Commission it would not. Ms. Doerr reiterated that the existing Code
allows one truck to be parked outdoors overnight.
Commissioner Waters questioned if the signage meets the current standards.
Ms. Doerr explained that it is nonconforming with respect to its height and
the owner is allowed to repaint the face but can not change out the face or
make any changes that require sign permitting without also complying with
the new sign regulations.
~.
April 10, 200ti REGULAR COMMISSION NIFETING Page 13
Commissioner Borno emphasized to the applicant that he will have to
comply with the requirements of the new sign code in six years. Mr. Marks
indicated he understood.
~. Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
~„ Nay: 0
MOTION CARRIED
B. Proposed Ordinance to require the standardization of
newspaper racks in certain areas, to provide for the sharing of
cost between users, limiting the City's liability and requiring
maintenance (City Manager)
„~, City Manager Hanson presented the background on this item and indicated
that Steve Fouraker, from The Beaches Leader, suggested the City adopt an
ordinance requiring vendors to use a modular unit news rack system at
~,, Town Center. He indicated that the ordinance would require the users of
the system to help cover cost and maintenance of the racks. The City
Manager recommended that if the Commission wished to proceed with this
~. option, they should review similar ordinances from other cities, arrange for
a presentation from a vendor, and solicit input from other newspaper
providers. He asked Mr. Fouraker if he wished to address the Commission.
Steve Fouraker, of The Beaches Leader, suggested that, in addition to
Town Center, the new mailbox location at 16`~ Street might also be a good
area for the modular racks. He expressed the company's preference to sell
newspapers in the less expensive individual racks, but understood the City's
desire for uniform presentation in certain areas. He cautioned against
~* creating acity-wide ordinance establishing zones and reminded the City of
the First Amendment protecting their right to display newspapers on public
properties. He recommended targeting certain areas for the modular racks,
!~ such as Town Center, 16`h Street, and City Hall. He advised the
Commission that his company would be skeptical of any proposal that
would cost them more money or that would raise concern about their First
~' Amendment rights. However, he acknowledged that they would like to
work with the City to help create locations with a uniform and aesthetic
appearance.
Commissioner Waters spoke highly of the way that Winter Park handled
their newspaper situation and indicated he would distribute pictures of their
news racks.
Commissioner Borno was in favor of trying a news rack at Town Center
first and then evaluating the results to see if it could be implemented
elsewhere.
~.
~ April 10, 2006 REGULAR COMN[ISSION MEETING Pay=e Id
Mayor Wolfson mentioned they might not be able to accommodate all other
publications willing to buy into the idea and expressed concern that this
~" would go against the First Amendment rights of those vendors. Mr.
Fouraker discussed various ways to work with other publications in order to
craft the best solution for each location.
Commissioner Fletcher commended Mr. Fouraker for his assistance.
It was the consensus of the Commission to direct staff to pursue the
idea of a modular news rack unit for Town Center and possibly for 16th
street as well.
~„ C. Request from Friends of Atlantic Beach Elementary for
additional funding for the Track Construction Project and for
authorization to sign a Memorandum of Understanding with the
., Duval County School Board
City Manager Hanson reviewed the background information as presented in
his staff report. He summarized that the Friends of Atlantic Beach are
requesting an additional $25,000 from the City for the track project and
reminded the commissioners that the City has already committed $10,000 to
be put towards alandscaping/parking project on the school property.
He noted that representatives from FABE were in attendance that evening
and they introduced themselves as follows: Jill Jackson, John Fletcher,
Kelly Elmore, and Laurie Melancon.
Jill Jackson brought the Commission up to date on the status of the track
"'~"' project. Ms. Melancon distributed financial information and pictures of the
project to the Commission. These documents are attached and made part of
this official record as Attachment C. Ms. Jackson also notified the
Commission that the school board removed the playground equipment due
to safety reasons but would not assist in replacing the equipment. She
stated that FABE has collected funds for new playground equipment and
would like to proceed with the project simultaneously with the track project
in order to save expenses. However, Ms. Jackson pointed out that their
original anticipated costs have increased and, in order to meet this goal,
they need an additional $35,000 from funding sources. She indicated that
City of Jacksonville agreed to provide $10,000 of that amount. She asked
the City of Atlantic Beach to consider contributing the additional $25,000,
and noted that FABE will raise the other $50,000 needed. She emphasized
that the track and playground would be a great facility for the entire
community to use after school hours and on weekends.
Laurie Melancon gave more details regarding the landscaping and parking
issue. She indicated that safety concerns required them to relocate the
~.
parking inside the fence. She discussed some of the options and showed
their proposed plan. Ms. Melancon communicated their frustration that the
,~„ school board would not assist with the parking lot because they consider it a
~.
April 10, 2006 REGULAR COMNItSS[ON MEETING Pale 15
type of infrastructure. She asked the City for its support in working with
FABE and the school board in order to present the correct perspective
regarding the project.
Commissioner Borno provided suggestions for the surface of the parking
area.
Commissioner Fletcher strongly supported the project and the Friends of
Atlantic Beach Elementary.
Commissioner Simmons expressed hesitation at committing more money to
the project without having the necessary budget knowledge to know the
financial impacts on other projects. She expressed the need for further
research into the budget before allotting that amount of money.
John Fletcher, Vice President of FABE, indicated that delaying the project
will increase their costs.
Mayor Wolfson clarified that the City of Atlantic Beach has already
committed a total of $35,000, comprised of $25,000 for the track and
$10,000 for the landscaping and parking lot.
Ms. Melancon informed the Commission that the parking issue will not be
resolved until the next budget year in October and asked the City to
consider moving the $10,000 allotted for parking over to the current track
project. She indicated that the school board would not assist with installing
new playground equipment.
Mayor Wolfson discussed the funding sources while noting the desire to
support this project. He asked Councilman Art Graham in the audience, if
the City of Jacksonville would consider contributing an additional $5,000 as
part of the $25,000 increase in funds being asked for by FABE.
Councilman Graham agreed.
Commissioner Fletcher strongly advocated supporting FABE's project in
order to benefit the children in the community.
Motion: To ask staff to determine this week how much of the requested
$25,000 could be provided by the City.
Moved by Waters, seconded by Fletcher
City Manager Hanson pointed out that staff could provide a report this
week, but it would not be until the next meeting in two weeks that the
Commission could vote on the first reading of the budget amendment.
Commissioner Waters withdrew his motion and Commissioner
Fletcher withdrew his second.
~.
0
~, Anril lo. 200( REGULAR COMNIISSiON MEETING Paae 16
Motion: To give Friends of Atlantic Beach Elementary the additional
$25,000 needed to finish this ~ro.ject.
Moved by Waters, seconded by Fletcher
The Mayor inquired what the funding source would be. Commissioner
Waters suggested the General Fund balance.
Mayor Wolfson pointed out that if the City transferred the $10,000
previously allocated for the parking project to the track project and if the
,~. City of Jacksonville provides an additional $5000, then the elementary
school would only need an additional $10,000 to finish the project.
Commissioner Waters withdrew his motion and Commissioner
Fletcher withdrew his second.
~. Motion: To take the $10,000 committed for the school's parking
project and add $10,000 from the City's General Fund in order to
commit $20,000 total to finishing the track at the Atlantic Beach
elementary school.
Moved by Waters, seconded by Fletcher
''"' Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
'~"' MOTION CARRIED
Motion: To authorize the City Manager to sign the Joint Use
Agreement with the school system.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Request for funds for USS Farragut Commissioning (City
Manager)
City Manager Hanson reviewed the request from former mayor John
Meserve for the City to contribute funds for the commissioning of the USS
Farragut.
Motion: To contribute $1000 to the commissioning of the USS
Farragut.
~. Moved by Borno, seconded by Waters
April 10, 2006 REGULAR COMMISSION MEETING Pale 17
City Attorney Alan Jensen made the Commission aware of the City
ordinance that prohibits contributions of city funds to charitable or
nonprofit organizations. He explained that the code allows contributions to
,~„ artistic, recreational, or cultural programs, or to purposes that benefit all the
citizens of Atlantic Beach.
Commissioner Borno noted the large number of city residents who are
military or retired military. He believed it would be an act of civic support
and would behoove the City to support our military.
Commissioner Fletcher spoke against the motion. He believed it would go
against city ordinance.
Commissioner Waters expressed strong support of the motion, claiming that
it is in the City's best interest to support and maintain a working
relationship with its large neighboring military community.
The City Attorney clarified that he was not suggesting that this is in
violation of City code. He was advising the Commission to be aware of the
ordinance and to determine if the funding would benefit the citizens of ~
Atlantic Beach.
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
'"~' Nay: 1- Fletcher
MOTION CARRIED
E. Discussion on possibility of providing matching funds for a clock
to be placed at the Five Point Intersection (Mayor Pro Tem
~. Waters)
Commissioner Waters indicated that citizens have raised more than half the
money needed to put a clock at the Five Points Intersection.
„~, Motion: To agree to pay the remaining funds, less than half of the total
amount needed, for the clock to be purchased and installed at the Five
Points intersection.
Moved by Waters, seconded by Borno
There was discussion regarding how much money had been raised and what
the total amount would be for the project.
Commissioner Waters withdrew his motion.
It was the consensus of the Commission to postpone action on the item
~» for two weeks and review the project's status at that time.
April 10 2006 REGULAR C0~IMISS[ON MEETING Pale 13
City Manager ~, City Manager
Ao City Manager's Report
City Manager Jim Hanson summarized his written report, which is attached
and made part of this official record as Attachment D. The subject
addressed in his report was: Alleged violations of wastewater treatment
standards at City of Atlantic Beach plants.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Com missioner Borno
•e• Commended the City's wastewater treatment plant staff for catching
the errors in the DEP report.
• Mentioned a request received by the City to support Jacksonville
Beach in its JTA bus application. He asked that the item be
considered at the next meeting.
• Noted that the Water Watch received in the mail has good
information in it. He asked that it be condensed and included in the
next City newsletter.
• Asked that the Commission receive a copy of the slide presentation
used for Mr. Winter's presentation that evening.
•o• Apologized in advance that he will be late for the workshop
tomorrow due to a conflicting engagement.
~. Commissioner Simmons
•a• Discussed concerns that currently the code does not allow for
nonconforming structures to be grandfathered in and rebuilt if
destroyed. She believed that a lot of nonconforming aspects of the
City are pact of the character of the beach community. She asked
that the Commission look at the need to grandfather in some of
~• those structures.
Commissioner Fletcher
• Expressed his willingness to compromise in some areas of the
Community Character project. He indicated willingness to recede
the efforts to the Core City area and to compromise on the FAR
percentage, but does not want to abandon the FAR entirely.
Commissioner Waters
• Reiterated that he will distribute pictures of the Winter Park news
racks to the Commissioners for their review.
• Discussed the sandspur situation at the retention pond at Tideviews.
Asked that the City apply weed and feed in that area.
April 10 X006 REGULAR COMMISSION MEETING Pale 19
• Inquired if City offices would be closed for Good Friday or Easter
Monday. City Manager Hanson informed him that City offices
would be open.
• Agreed with comments that the stop sign on Plaza at the Five Point
intersection needs to be moved further into the intersection in order
to provide a clearer view of traffic.
• Believed more time needs to be spent with Nore Winter.
• Requested that staff prepare a report on the total amount of money
that the City spends on Atlantic Beach schools. He wanted the
Commission to see how supportive the City is of the various school
programs.
• Asked that staff look into the condition of David Avenue, a closed
street next to the school.
• Appreciated the Mayor acquiring a substantial comment from the St.
Johns River Water Management District to help clarify the
misinterpretations regarding the impervious nature of pools.
Mayor Wolfson
• Presented a report of his trip to Tallahassee. Stated that the beach
cities received very positive responses from Senator King and
Representative Davis. He noted that they addressed the following
community concerns: eminent domain, money for wetlands
acquisition, TMDL impacts, cable TV and video service franchise,
property tax transfers, homestead exemptions, disability insurance to
firefighters, and affordable housing concerns.
• Announced the formation of a new organization, the Florida League
of Mayors, and the significance of having dialogue with other
mayors in order to face issues collectively
• Discussed Jacksonville Day hosted by Jacksonville Chamber of
Commerce. Noted it was well attended and thanked Commissioner
Waters for encouraging him to go.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:17 p.m.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk