Minutes of 9-13-04- Note Item 3AMINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 13, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Attorney Alan C. Jensen
Commissioner Paul B. Parsons
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
August 23, 2004
Motion: Approve Minutes of the Regular Meeting of August 23.2004
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
Former Mayor Bill Gulliford of 75 Beach Avenue provided background
information concerning the Island Club Condominium parking problem
Item 3A). He indicated that Commissions inherit and build on the good
things from previous Commissions, but by the same token, they also inherit
negatives. He commented that parking at the site was an issue when he was
Mayor, and indicated that the problem was caused when a previous
Commission ignored its own ordinance and allowed the building to be
constructed with minimal on-site parking. Mr. Gulliford indicated that
during his tenure the city's parking sticker program was implemented and a
certain number of spaces were designated for Atlantic Beach residents at the
10`" Street access, which seemed to solve the parking problems for the
residents of the Island Club Condominiums.
Mr. Gulliford pointed out that the current Commission resolved an inherited
September 13, 2004 REGULAR COMMISSION MEETING Page 2
negative when the city improved and took over maintenance of the Selva
Marina Streets, and as a matter of fairness, the city should do something for
the residents of the Island Condominiums.
Discussion ensued. Mayor Meserve inquired if the building was originally
constructed with parking spaces. Mr. Gulliford recounted that it was built
with four on-site parking spaces on one end of the building. Mayor
Meserve believed that the city had nothing to do with the owner of the
Island Condominiums (Bikini Apartments) selling the parking spaces to the
adjoining property owner.
Commissioner Waters stated that he had done some research and
commented that the property was developed as a Planned Unit
Development (PUD) with no acreage requirement. He pointed out that
there was anoff-street parking requirement, but the Commission at that
time was remiss in enforcing the requirement and also did not follow up
when the four parking spaces were sold.
Oscar Gunther of 707 Rio Lindo Drive stated that he was one of the first
owners of 35 lOt" Street and each unit had two parking spaces on the street
marked with the apartment number in yellow paint. He indicated that there
was also a sign attached to the wall marked "Private Parking". He stated
that he bought the unit with the understanding that this was and would
continue as the parking arrangement.
Erik Gunther of 35 10th Street stated that he purchased the property from
his father and had recently moved to Atlantic Beach from South Beach in
Miami. He believed the parking was ambiguous from the beginning and
something should be worked out with the city. He indicated that he would
like to live at 35 10`h Street permanently, but the parking situation was
giving him second thoughts. He believed the original value placed on the
parking spaces was too high, and would only be justified if you could build
on the property. Mr. Gunther indicated that if the spaces were not leased to
the property owners, the only alternative he could see would be to remove
his patio and ask for a curb cut to access a parking space.
Bob Curry of 65 10th Street spoke in favor of the city leasing ten parking
spaces to the residents. He pointed out that surfers and fishermen use the
access-parking spaces on a daily basis, with other beach goers filling the
spaces on weekends.
Mr. Curry requested that the Commission consider leasing ten spaces to the
property owners for $300 per year, per space with ten-year transferable
leases. He believed no precedent would be set because the city currently
leases parking spaces to Hulihan's on Atlantic Boulevard. Mr. Curry
pointed out that most of the property owners lived on-site and the others
Seutember 13. 2004 REGULAR COMMISSION MEETING Page 3
were long-term renters, and they would be paying the city $3,000 per year
for access to their property, which other residents of the city get for free.
Bill Taylor of 95 10`" Street provided a photograph of the sign that used to
hang on the building indicating "Private Parking". He spoke in favor of the
lease agreement and believed it would not set a precedent. Mr. Taylor
pointed out that the residents of Island Condominiums were not using the
parking spaces to go to the beach, but for access to their homes and that
private use of public land occurred everyday when residents of the city
drive their cars over city right-of--way and into their garages.
John Smith of 5 10`" Street believed the city caused the parking problem
and should take the lead to solve it.
Curt Sanders of 2320 Barefoot Trace spoke in opposition to leasing the
access parking spaces and suggested the residents lease parking spaces from
the forty available spaces at the adjacent condominium. He urged the
Commissioners to review the objections to this request expressed during the
July 12th Commission Meeting.
Sheldon Weiner of 1510`" Street stated that he worked from his home and
viewed the beach and parking area everyday. He believed the parking
problems were caused by surfers and suggested that their parking be
restricted to four hours per day on weekends during the summer and there
would be no problem.
J.P. Marchioli of 414 Sherry Drive believed that by law, residents should
be allowed ingress/egress to their property and the city should provide one
parking space per unit to the residents of Island Condominiums. Mr.
Marchioli favored annexation of the property located west of Oceanwalk
discussed at the previous meeting, and commented that due to a plumbing
problem he experienced, he learned that his home and two others had been
connected to one 4 inch sewer line.
Jane Wytzka of 352 Second Street believed it was unfair to base a
decision on the number of citizens who spoke in favor of the lease of a
parking space. She stated she was opposed to any lease agreement, and felt
the city would be subsidizing rental property if approved. Ms. Wytzka
believed there was ample parking on 10`" Street for everyone to park.
Ms. Wytzka also commented that the owners of two rental properties near
her home failed to clean up their property after the hurricane and indicated
that her neighbor removed tree limbs, which shaded her property and now
she was afraid she would lose her shade-loving plants. She believed the
tree ordinance should be readdressed to prevent this from happening in the
future.
September 13. 2004 REGULAR COMMISSION MEETING Paee 4
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. Action on Resolution No. 04-07 approving the lease of parking
space agreement for owners of Island Club Condominiums
Motion: Adopt Resolution No. 04-07.
Commissioner Waters believed that it was reasonable for residents to expect
the right to park in front of their homes. He indicated that except for the
Mayor who lives on a private road, each Commissioner used city right-of-
way to access their homes. Commissioner Waters believed no precedent
would be set by leasing parking spaces to Island Condominiums and he
cited several examples from the past where city property was either leased
or parking spaces given up for development. He believed leasing the ten
spaces would undo the missteps of a previous Commission and pointed out
that monetarily it would cost the city nothing. He recounted the number of
parking spaces at various beach accesses and felt there were adequate
spaces to compensate for the leased spaces at 5th and 10th Streets, with the
reconfiguration of existing spaces at 10th Street and the five additional
spaces at 15th Street. Commissioner Waters urged the Commissioners to
grant the request.
Commissioner Simmons provided her perspective on several items
concerning the request. Commissioner Simmons recounted her experience
living next to asingle-family residence, which was converted to an eleven-
unit condominium and believed that most often it was very difficult or
impossible for a current Commission to resolve actions taken by previous
Commissions.
Commissioner Simmons believed the city could do something about the
Island Condominium request, but it should not be considered requisite on
the additional parking proposed for Mandalay Park. She also commented on
what she perceived to be zoning problems from the past at the Cloisters and
Sea Place Condominiums on 10th Street, which caused parking oversights.
Commissioner Simmons asked Curt Sanders where he got the figure of
forty extra parking spaces on 10th Street and Mr. Sanders responded that a
gentleman stated that figure during a previous meeting and that was why he
requested that the Commission review the information presented earlier.
Commissioner Simmons believed that if that many spaces were available,
someone would have negotiated a lease for them by now.
Commissioner Parsons believed the city should consider additional parking
at Mandalay Park with the request and agreed with Commissioner Waters
comments. He indicated that the property was known as Island Club
Condominiums and inquired if they were an association. City Attorney
Jensen responded that if they were a "condominium", the association
September 13, 2004 REGULAR COMMISSION MEETING Page 5
would have to be registered with the State of Florida, and most of them
would have a Homeowners' Association. Commissioner Parsons
referenced Item 1(b) of the lease agreement and stated this section would
cause problems if the property owners were not organized as an association.
He requested that the request be deferred until such time as they became
organized as an association.
Commissioner Beaver stated that those who spoke in favor of the lease
agreements were residents of Island Club Condominiums, but at previous
meetings more residents expressed opposition to leasing the spaces. He
expressed concern that the original PUD required off-street parking, which
was not enforced, and believed any person buying an Island Club
Condominium in the future, should be required to have off-street parking.
He believed potential property owners should do their research before
buying property to make sure they know exactly what they are buying.
Commissioner Beaver also expressed concern with granting ten exclusive
leases to Island Club Condominiums, while other residents also expressed a
desire to rent parking spaces at the site.
Mayor Meserve stated that this was a difficult issue and he too had concerns
with leasing public property for private use. He further stated that he had
weighed all the pros and cons of the request and from his standpoint, he
believed the cogent issues were: (1) The condominium owners already park
in the city spaces, so the city would not lose ten parking spaces, (2) If the
owners chose to do so, they could remove their patios and park their cars up
against the front of their house and the city would have to provide curb cuts,
which would also take away the parking, and (3) If spaces are taken away,
then ten spaces should be given back.
The Mayor stated he would vote in favor of the request if two conditions
were written into the lease. He felt that to prevent future litigation in case
one person decided not to pay for a space, there should be a collective lease
for ten spaces with the homeowners' association paying for ten spaces with
one check of $3,000 per year. He also requested that reference to Mandalay
Park be removed from the Resolution and Lease Agreement and on advice
of the City Attorney an equal number of parking spaces be created
someplace other than Mandalay Park.
Amendment to the Motion: Amend Resolution 04-07 to remove
reference to Mandalay Park in paragraph four and in Section 1, Items
a) and (b), and require that the lease be with ayet-to-be formed
homeowners association rather than with ten individual owners.
Commissioner Waters inquired as to the P1JD for this development
requiring off-street parking. City Attorney Jensen, who sat as a
Commissioner during the development, stated he did not remember the
September 13, 2004 REGULAR COMMISSION MEETING Page 6
requirements froml979, but the conversion to condominiums was approved
with parking only on the west end of the building. He believed if the PUD
required on-site parking, it was legally waived by the Commission, and if
signs were put later by the builder/developer designating the parking spaces
for "Tenants Only" that was not approved by the city.
City Attorney Jensen believed that it was important for the Commission,
even with disassociating the parking with Mandalay Park parking spaces,
but keeping the requirement to add additional spots, was part of the
Commission's factual determination that the public property located at 10`h
Street was no longer needed for a municipal purpose.
Commissioner Beaver confirmed that they were voting to allow the lease to
happen, and if the conditions could be met, they would enter into a lease at
a later date. City Attorney Jensen advised that the resolution included
approval of the lease of the parking space agreement and the new conditions
would have to be incorporated into the lease. Commissioner Beaver
Confirmed the Commission was in agreement with the $300 per year per
space figure.
Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: I -Beaver
MOTION CARRIED
Moved by Meserve, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Beaver
AMENDMENT TO THE MOTION CARRIED
Town Hall Meeting
Mayor Meserve stated that Jacksonville Council Member Art Graham, who
was present earlier in the meeting, wanted to let everyone know he was
holding a Town Hall Meeting from 7:00 - 9:00 p.m. on September 23,
2004 at Fletcher High School.
B. City Manager's Follow-up Report
City Manager Hanson summarized his written report. A copy of the report
is attached and made part of this official record as Attachment A.
Hurricane Frances
September 13, 2004 REGULAR COMMISSION MEETING Page 7
In addition to the written report, City Manager Hanson asked each
Department Head to update the Commissioners on the damage caused by
Hurricane Frances.
Utility Department
Water Plants
Utility Director Kaluzniak reported that the water treatment plants operated
with generators throughout the hurricane. She indicated that numerous
alarms went off due to power fluctuations and there were several broken
waterlines caused by uprooted trees.
Wastewater Treatment Plants
It was reported that the wastewater treatment plants operated with
generators during the storm and there were no DEP violations. Ms.
Kaluzniak indicated that the power fluctuations caused the SCADA alarms
to go off. She indicated that twenty-one of the thirty lift stations were
without power, and the larger lift stations operated by their own generators.
Ms. Kaluzniak indicated there were no sewage spills due to staff carrying
the portable pumps and a generator between lift stations without generators.
It was also reported that two motors were damaged and a fence at one plant
was blown over.
Commissioner Beaver inquired as to how the SCADA system worked. Ms.
Kaluzniak stated that the system worked well by identifying the problems,
but there were some adjustments that needed to be made.
Commissioner Waters requested that the name "City of Atlantic Beach" on
the city water tank (Water Plant #4), which is actually located in the City of
Jacksonville, be muted since it reinforced a misconception that it was
located in Atlantic Beach. He also inquired as to the status of the
installation of the new water tower. Ms. Kaluzniak stated that due to the
unfortunate accident resulting in the death of a worker, OSHA was still
investigating and it would be at least two more weeks before work could
resume.
Building Department
Building Official Don Ford reported damage to fifty buildings in the city,
most of which was damage to roofs or the result of trees falling on
structures. He indicated that the roof of one building under construction
blew off in the high winds, and the newer buildings constructed to the more
stringent hurricane standards faired better than the older buildings.
September 13, 2004 REGULAR COMMISSION MEETING Page 8
Public Safety Department
Chief Thompson reported that his department provided traffic control when
the power was out, monitored flooding, blockages, downed power lines and
even helped with debris removal during the storm. He indicated the
department building operated with their emergency generator and all radios
and 911 remained in service.
Public Works Department
Public Works Director Carper reported numerous downed trees on the north
end, core city and Main Street areas of the city. He indicated that 89 tons of
debris had been removed by the city at a cost of approximately $90,000. It
was further reported that the city experienced no flooding during the high
winds and rain and they were called to barricade downed power lines.
Public Works Director Carper commended Jim Deming and his crews for
their work.
Copies of the Public Works and Utility Departments Reports are attached
and made part of this official record as Attachment B.
Commissioner Parsons commended the city staff for their work during the
storm.
Mayor Meserve stated that city staff and he would be meeting with Jim
Dickinson, the JEA's Chief Operating Officer, in the near future to discuss
problems related to Hurricane Frances, which left Atlantic Beach residents
without power, some for as long as five days. Mayor Meserve indicated he
wanted to discuss better communications, electrical system integrity, and
mapping with him.
Agenda Item 7E was taken out of sequence and acted on at this time.
E. Ordinance No. 20-04-66 Emergency Ordinance
AN EMERGENCY ORDINANCE AMENDING THE
OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004.
City Manager Hanson stated that the emergency budget amendment
was needed to transfer funds to pay for extra debris removal costs
related to the hurricane.
The Mayor read the ordinance by title only.
September 13. 2004 REGULAR COMMISSION MEETING Paee 9
Motion: Declare a state of emergency in Atlantic Beach.
There was no discussion.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
Motion: Pass Emergency Ordinance 20-04-66 on first and
second readings.
The Mayor opened the floor for a public hearing. No one spoke and
the public hearing was closed.
There was no discussion.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
City Manager Hanson indicated that there would be other costs
related to the hurricane, including repair to damaged buildings,
generators and motors. He indicated that the cost for debris removal
was consistent with what other municipalities were paying, and
FEMA would reimburse the city 100% of costs for the first three
days and 75% of costs after that, with the state possibly picking up
one-half of the local expense or 12.5% of the cost. He indicated that
the state had not made any commitment to pay their usual share
since they just suffered back-to-back hurricanes. City Manager
Hanson indicated it could take up to two years for FEMA to
reimburse the city.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of the monthly report from the Building
Department, report of new Occupational Licenses issued in
August, and Utility Sales Report for July
B. Extend welding contract with Ace Fabrications LLC for one
additional year at contract prices in Bid No. 0102-26 (City
Manager)
C. Extend point repair contract with Gruhn May, Inc. for one
additional year at contract prices in Bid No. 0203-23 (City
Manager)
September 13, 2004 REGULAR COMMISSION MEETING Page 11
The Mayor then opened the floor for a public hearing and invited comments
from the audience.
No one spoke and the Mayor closed the public hearing.
Commissioner Waters commented that the tentative millage rate could be
lowered but not increased above the 3.0394 mills.
City Manager Hanson commented that there had been almost no increase in
the amount of revenue received by the city and the proposed operating
budget for Fiscal Year 2004/05 was based on the current millage rate of
3.0394.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Motion: Approve Ordinance No. 20-04-65 on first reading.
The Mayor opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
The Mayor announced that the second public hearing and adoption of the
budget ordinance would be held during the next Regular Commission
Meeting on September 27, 2004 at 7:15 p.m.
There was no discussion.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 31-04-04 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN
AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE
ADOPTING EVALUATION AND APPRAISAL REPORT
EAR) BASED AMENDMENTS TO THE GOALS,
OBJECTIVES AND POLICIES (GOPS) OF THE
COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015
FUTURE LAND USE MAP; PROVIDING FOR INTENT;
September 13, 2004 REGULAR COMMISSION MEETING Page 12
AUTHORITY; FINDINGS OF FACT; FINDINGS OF
CONSISTENCY; SEVERABILITY AND AN EFFECTIVE
DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 31-04-04 on final reading
The Mayor opened the floor for a public hearing.
Curt Sanders of 2320 Barefoot Trace inquired if passage of the ordinance
would have any impact on Johnston Island. Community Development
Director Doerr responded that it would not impact Johnston Island.
Valerie Britt of the Pablo Point Civic Association expressed concerns
relative to development in the Coastal High Hazard Area and its impact on
the Pablo Point development, and reiterated her concerns as presented at the
July 12, 2004 Commission Meeting. (A copy of the information Ms. Britt
presented is included with the July 12, 2004 Regular Commission Meeting
Minutes).
No one else spoke and the Mayor closed the public hearing.
Community Development Director Doerr commented on the final revisions
to the Comprehensive Plan adoption document as listed in her memo dated
August 27, 2004, which is attached and made part of this official record as
Attachment C.
Commissioner Simmons referenced the Coastal High Hazard Map and stated
that Johnston Island was not colored blue. Community Development
Director stated that she would correct the map.
Commissioner Waters inquired as to the definition of a High Hazard Area.
Ms. Doerr stated that it was defined as a Category One Evacuation Zone.
She indicated that an evacuation zone and storm surge zone were not the
same.
Commissioner Waters also inquired concerning allowing residential
development in a commercial district. Ms. Doerr stated that this was put
into the code subsequent to the Community Development Board
recommendation and the Landers-Atkins study of the Mayport Road
Corridor. It was thought that over a long period of time it would help re-
energize the area in conjunction with commercial development, such as
allowing commercial on the first floor and residential use on the second floor
of the building and would only be allowed outside of the high hazard area.
Seutember 13, 2004 REGULAR COMMISSION MEETING Page 13
Commissioner Waters inquired concerning the wording in Policy A.1.5.6 on
page A-7 relative Planned Unit Development regulations and indicated it
was not listed under other appropriate land use patterns. Ms. Doerr stated
that it was not a land use category, but a zoning category. She indicated that
to establish a PUD, you would have to follow the PUD regulations.
It was discussed that the 1999 Comprehensive Plan affected Johnston Island.
Commissioner Waters referenced Policy A.10.1.2 on page A-11. Ms. Doerr
advised that almost all of the city's wetland protection was found in the new
Comprehensive Plan. Commissioner Waters also requested an explanation
of Item (g) found at the bottom of page A-14. Ms. Doerr explained that the
Florida Building Code established construction standards. He confirmed
that the Building Code did not establish land use patterns. Ms. Doerr
indicated that this item was added to the plan due to the stricter coastal
construction codes established by the State of Florida.
Mayor Meserve inquired concerning the Category 1-5 evacuation zones
relative to the city's dune area. Ms. Doerr explained that the dune area was
not in the storm surge area. She indicated that the Storm Surge Atlas
designated where the city was likely to flood according to elevation, but it
was a different map than the Coastal High Hazard Area map.
Commissioner Waters expressed concern for building in the Coastal High
Hazard Area. Ms. Doerr explained that construction in a flood zone was
addressed in the building code.
Don White of 2069 Selva Marina L?rive inquired concerning the zoning of
the sliver shaped parcel just north of Fleet Landing that used to be zoned
Open Rural, but was now shown to be Medium Density Residential, and was
actually wetland. Ms. Doerr stated that this was the correct designation on
the Future Land Use Map, but it did not mean it would be developed as
medium density residential.
Moved by Parsons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Ordinance No. 65-04-33 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF
ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS:
SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES,
September l3, 2004 REGULAR COMMISSION MEETING Page 14
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 65-04-33 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Ordinance No. 75-04-16 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE
CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 75-04-16 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
Commissioner Beaver confirmed that the fine for parking in a handicapped
area was increased to $500. He pointed out a scrivener's error on the second
page of the ordinance that showed the previous fine of $250. It was also
noted that parking fines increased from $15 to $50.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Ordinance No. 20-04-66 Emergency Ordinance
AN EMERGENCY ORDINANCE AMENDING THE
OPERATING BUDGET FOR THE CITY OF ATLANTIC
September 13, 2004 REGULAR COMMISSION MEETING Paee 15
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
This ordinance was taken out of sequence and acted on earlier in the
meeting. (The ordinance was placed on the agenda on an emergency basis to
approve a budget amendment to the Sanitation Fund for debris removal costs
related to hurricane Frances).
8. Miscellaneous Business
PUD Information A. Acknowledge receipt of the Staff Report relative to Planned Unit
Developments, and a copy of the city's PUD regulations and
publications from the Planning Commissioner's Journal
and the ICMA's Practice of Local Government Planning related
to PUD's
Commissioner Waters referenced the last page of the information related to
PUD's from the ICMA's Practice of Local Government Planning and stated
that the development shown on the left side of the page, which was the
initial site plan for the development, looked like the final site plans
approved in Atlantic Beach. Commissioner Waters believed PUD's were
no longer feasible in the city, due to the limited amount of developable land
left in the city.
Mayor Meserve cited Fleet Landing as an example of a good PUD, and
stated it could have been built with hundreds of apartments, which would
not been very attractive, with access to Selva Marina Drive. He believed
the PUD concept gave flexibility to city.
Commissioner Simmons expressed concern that the city just gave
everything away in the PUD process and commented that it seemed the city
ended up with greater density at the expense of open space. She suggested
that the city tighten up the PUD and Land development codes and follow
them very closely.
Community Development Director Doerr pointed out that the Commission
had not seen a PUD come through the process under the new regulations,
which were strengthened since the Paradise Preserve development.
Discussion of the current PUD regulations compared to the previous
regulations ensued. Commissioner Waters requested that a minimum
acreage requirement be included with all PUD's. A copy of the city's PUD
regulations was requested and Ms. Doerr stated she would provide a copy to
the Commissioners.
September 13, 2004 REGULAR COMMISSION MEETING Page 16
It was the consensus of the Commission that a discussion of PUD
requirements, including acreage and contract zoning be placed on a future
agenda.
Hurricane Policy B. Discussion and action related to approve the Hurricane Policy
Amendment change in compensation for City of Atlantic Beach employees
identified as essential personnel and who are required to
evacuate and stay at the designated shelter with the city
workforce
Motion: Approve the amended Hurricane Policy as presented.
City Manager Hanson explained the changes.
There was no discussion.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment D.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
Commented that Johnston Island would be on the agenda for the next
meeting and inquired that since the height of the project was changed
from 88' to 35', should the request go back before the Community
Development Board.
Mayor Meserve requested an opinion from the City Attorney on the
process to be followed concerning the request. City Attorney Jensen
advised that the Commission was still acting on the initial application
and the Community Development Board makes a recommendation to
the Commission where the final decision rests. He indicated that it was
September 13, 2004 REGULAR COMMISSION MEETING Page 17
perfectly legal for them to make changes to the PUD application or
plans with the Commission negotiating a compromise.
Community Development Director Doerr stated that the public hearing
for the ordinance had already been advertised and it should be held at
the next meeting.
Commended the city staff for their work during Hurricane Frances.
Commissioner Simmons
Thanked everyone who worked during Humcane Frances to keep the
citizens safe and the city services operating.
Commissioner Parsons
Commented on the poor service the city received from the JEA during
the hurricane that left residents without power for up to five days.
Commissioner Waters
Thanked the city for the reception held to honor the city's volunteers
and stated it was very well received.
Relative to Johnston Island requested a comparison of the previous and
current request.
Commented on the poor service provided to the city by the JEA and
excellent service provided by the Jacksonville Beach Energy Services.
Inquired concerning the status of the Joint Welcome sign with Neptune
Beach.
City Manager Hanson indicated that Neptune Beach was supposed to
check with the FDOT concerning their requirements for signs and
he would contact Neptune Beach concerning the sign.
Mayor Meserve
Stated he would be appearing before the MPO on October 14tH
concerning the Mayport Road corridor and he could bring up the
Welcome sign at that time.
Reiterated that he would be meeting with Mr. Dickinson of the JEA to
discuss the problems experienced during the hurricane.
ATTACHMENT A
SEPTEMBER 13, 2004 COMMISSION
MEETING
September 8, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
Eity-Ibfan
SUBJECT: Follow p Report
Policy on Enforcement of Safety Zone Requirements; Some questions were asked at the last
commission meeting about the ordinance amending Chapter 19 about how the city's Public
Safety Department would enforce the newly revised provisions of Section 19-5 for safety zones.The Public Safety Department does not intend to apply the new standazds retroactively and
require removal of existing items in the newly created safety zones unless they create a clear and
present public safety hazard. Such a hazard may be defined as "a set of conditions that
endanger/imperil citizens who are engaged in lawful, reasonable, and normal activities in a
public place." Because it is not possible to identify and articulate every possible public safetyhazazdthatmayarise, the Department may be required to exercise judgment in applying this
definition.
If and when the new ordinance becomes effective, the Department will video-record the streets
and roadways throughout the city, to provide a record of the existing conditions in the safety
zones. No prohibited items will be allowed to be placed in the safety zones a$er the effective
date of the ordinance.
In most cases when violations azise, the Department will contact the property owners to requestvoluntarycomplianceandcorrection. If voluntazy compliance is not achieved then the city maycorrecttheproblemandchazgethepropertyownersconsistentwiththissectionofthecode. In
raze cases, when the hazazd to public safety is very high, the Department may have the
corrections made immediately to protect lives and property, and charge the property owners for
the expense consistent with the code.
Sims at BP Station; The Commission asked on a couple of occasions about the signs for the
service station at the intersection of Plaza Drive and Mayport Road. The Amoco station had
been converted to a BP station, but the freestanding signs had not been replaced in accordance
with city codes. It is reported at the last meeting that letters had been sent to the owners of the
station requesting that they comply with the new city sign regulations. Alex Sherrer spoke with
their representatives recently and was assured that they planned to remove the old sign and
replace it with a new one that meets our regulations within the next couple of weeks.
AT'T'ACHMENT C
SEPTEMBER 13, 2004 COMA~ISSION
MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Final reading and public hearing of Ordinance 31-04-04 to adopt
EAR Based Amendment to the 1990 Comprehensive Plan
SUBMITTED BY: Sonya Doerr, AICP ,,~,~
Community Development Director
DATE: September 2, 2004
BACKGROUND: The EAR Based Comprehensive Plan Amendment must be adoptedbyordinancewithoneadditionalpublichearing, which is the required adoption stagepublichearing. Following adoption, the City will forward the adopted Comprehensive Plan
to DCA, and assuming there are no further objections or challenges to our amendments,DCA will. within 20 days publish a Notice of Intent (NOI) to issue a Final Order finding the
EAR-based amendments in compliance with Chapter 163, at which time the amendments
will become effective.
BUDGET: No budget issues.
RECOMMENDATION: Approval upon final reading of Ordinance 31-04-04.
ATTACHMENTS: Memo identifying final changes as advised by DCA. Proposed
Ordinance 31-04-04, and adoption document including map series.
A copy of the adoption document and maps remains available for
inspection at City Hall from the Building and Zoning counter.)
REVIEWED BY CITY MANAGER:
September 13, 2004 regular meeting
AGENDA ITEM #7B
SEPTEMBER 13, 2004
MEMORANDUM
TO: Jim Hanson, City Manager
FROM: Sonya Doerr, AICP ~~
Community Development Director
DATE: August 27, 2004
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5806
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
REGARDING: Final revisions to Comprehensive Plan adoption document
Jim, I have continued to coordinate with the Department of Community Affairs (DCA) regazdingpendingadoptionofourEAR-based Comprehensive Plan amendments. DCA staff offered a few
additional comments and suggestions related to our wetland provisions. Rule 9J-5.013 (3) F.A.C.,Policies Addressing the Protection and Conservation of Wetlands (attached) requires that "wetlands
and the natural functions of wetlands shall be protected and conserved " through a "comprehensiveplanningprocess "that is set forth within the Conservation Element of the Plan.
Our Plan and the proposed amendments contain numerous polices throughout, which address
wetlands. At the suggestion of DCA, I have pulled together the various provisions related to
wetlands and put them in a new Objective (A.1.2) entitled: Wetlands, Environmentally Sensitive
Areas, and Estuarine Environments DCA also suggested that we put our existing wetland buffer
requirement in the Comp Plan, not just in the Land Development Regulations. The 25-foot buffer
requirement is now in Chapter 24-Sec. 24-I03 (f).
DCA also had a question about residential use in the Central Business District. The CBD zoningregulationsnowallowasingledwellingunit (a live/work type unit only) and also residential as a
secondary use with approval of aUse-by=Exception. DCA objected to allowing this in the Coastal
High Hazard Area, and asked that I add the "outside the CHHA" language in the CBD policies. (TheeasternpartoftheCBDisintheCoastalHighHazardArea.)
The final comment related to the Capital Improvements Element. Rule 9J-5.016 requires that we
identify "existing revenue sources and funding mechanisms available for capital improvementfinancing, such as ad valorem taxes, bonds, state funds, federal funds, gas taxes." This of course, isincludedinourbudgetdocument, so with Nelson's help, I have tried to more clearly address this in aPlanpolicy, and I will provide DCA with the appropriate section from our budget as the requiredbackgrounddataandanalysis.
I have attached the pages with underlined sections noting the above, and I do not believe that any oftheseare "substantive" changes requiring another first reading. There aze no changes in the enactingordinanceortitle, and Florida Statutes require only one more public hearing to adopt, which hasbeenadvertisedforSeptember13~'.
AGENDA ITEM #7B
SEPTEMBER 13, 2004
2015 COMPREHENSIVE PLAN
c) Central Business District -This area contains swell-established
pattern and character of development, and permitted uses include
retail, office, restaurant, and certain entertainment uses, which
contribute to the commercial, civic and cultural vitality of the City as
illustrated within the Atlantic Beach Town Center area. The Central
Business District is an economic, cultural, historic and architectural
anchor of the City. Within the Central Business District a sinale
Dwellina Unit within the same Buildinq containing a Permitted Use
occupied by the owner or an employee of such Permitted Use shall be
allowed, provided that such Buildinq is not located within the CoastalHighHazardArea. In order to sustain these qualities, new
development and redevelopment within the Central Business District
shall be reflective of the architectural styles and fabric of the area.
Consistency and compatibility with the existing built environment shall
be considered in the review and issuance of Development Permits
within the Central Business District.
d) Light Industrial -The Light Industrial category shall be limited to light
manufacturing and production, storage, warehousing and distribution
uses as further controlled by the Land Development Regulations. Lightindustrialusesmayhaveoutdoorstorageandbusinessrelatedactivity,but such. uses shall not include processes that create negative effects
to surrounding properties due to noise, heat, fumes, debris, chemicals
or hazardous materials.
e) Public and Semi-Public - These areas include uses such as
accredited public and private schools, government uses, buildings,
structures,. utilities and public services and infrastructure, including
police, fire and emergency services.
f) Recreation and Open Space -These areas include public and private
parks, open space, passive and active recreation areas. All beach
areas that are seaward of private property lines shall be considered as
Recreation. Permitted uses shall include active and passive recreation
activities including bikeways and pedestrian trails, skateboard parks,
ball fields, tennis courts and the like. Public safety uses, including
lifeguards, fire, and police services may be located in Recreation
areas. The use and development of Recreation areas shall be further
controlled by the Municipal Code for the City of Atlantic Beach and the
Land Development Regulations.
g) Residential -Residential
designated in accordance
further controlled by the
Florida Building Code.
EAR Based Amendment A-14
Adopted September 13, 2004
uses shall be permitted in those areas so
with the applicable permitted density and as
Land Development Regulations and the
Future Land Use Element - GOPS
Ordinance Number 31-04-04
ATTACHMENT D
SEPTEMBER 13, 2004 COMMISSION
MEETING
September 8, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
City
SUBJECT: City Manag 's Report
Palms Aaartments, 100 Mavaort Road; Based upon some work done jointly with the city
Police Department, the city's Building Inspector found that several of the unoccupied units at the
Palms Apartments located at 100 Mayport Road did not meet city building standards for
maintenance. In many of the units, the hot water heaters, plumbing, windows, doors and roofs
need replacing or repairs. Additionally, the apartments did not have smoke detectors. Some of
the vacant units had been broken into by vagrants and illegal activity had been conducted. The
city's Building Department had cited 16 of the vacant units as unsafe for human habitation and
ordered the utilities disconnected until the owner makes extensive repairs.