Agenda Packet 05-10-04 I
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CITY OF ATLANTIC BEACH
COMMISSION MEETING MAY 10,2004
AGENDA
Call to order •
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of April 26, 2004
2. Courtesy of Floor to Visitors
A. Presentation by First Coast Metropolitan Planning Organization—Jeff Sheffield
B. Proclamation recognizing Public Works Week
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report
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4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Monthly Reports: Code Enforcement, Public Safety,
Public Works and Utilities, and new occupational licenses (City Manager)
' B. Award the annual contract for meter testing to Reed& Shows Meters and
Supplies in an amount not to exceed $14,662.00 (Bid 0304-15) (City Manager)
' 5. Committee Reports
A. Report from the Tree Conservation Board
6. Action on Resolutions
7. Action on Ordinances
' A. Ordinance No. 10-04-22 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF
' ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER 3,
ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE SECTIONS 3-1
THROUGH 3-11 WITH NEW SECTIONS 3-1 THROUGH 3-9,
' PROVIDING DEFINITIONS AND ESTABLISHING REGULATIONS FOR
THE LICENSING AND SALE OF ALCOHOLIC BEVERAGES;
ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-
PREMISE AND OFF-PREMISE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES; AND REGULATING THE CONSUMPTION
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AND POSSESSION OF ALCOHOLIC BEVERGES UPON PUBLIC
PROPERTY; PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
8. Miscellaneous Business
A. Discussion and possible action related to Bracket Signs within Town Center and
the Central Business District (Comm. Simmons)
B. Subdivision waiver requested by Kevin Bennett to allow new residential lots with
' width of less than seventy-five feet at the Building Restriction Line and less than
7,500 square feet of lot area(City Manager)
C. Discussion and related action regarding Open-House signs(Mayor)
9. City Manager
' 10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
' Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
' Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
' In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,
Friday,May 7,2004.
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' 2
MINUTES
REGULAR CITY COMMISSION MEETING
APRIL 26, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Beaver Julie Brandt (Substituting for
Commissioner Paul B. Parsons City Clerk)
Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. In lieu of an
' invocation, the Mayor read an excerpt from Senator John McCain's book,
Why Courage Matters: The Way to a Braver Life, exemplifying the
courage, strength and persistence of Mike Christian during the time he and
Senator McCain spent as prisoners of war during the Viet Nam conflict.
ii The Pledge of Allegiance to the Flag followed the reading.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of April 12,
2004
Motion: Approve Minutes of the Regular Meeting of
April 12, 2004, as presented.
111 Moved by Simmons, seconded by Beaver
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Johnston Island Mayor Meserve stated that that applicant for Items 7A and B (Johnston
Island) had requested that action on the ordinances be deferred to a time
uncertain.
Motion: Defer action on Items 7A and 7B to a time uncertain as
requested by the applicant.
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LApril 26,2004 REGULAR COMMISSION MEETING Page 2
Moved by Simmons, seconded by Beaver
IL Votes:
Aye: 5— Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
f 2. Courtesy of the Floor to Visitors
Alan Potter of 374 Second Street referenced Item 7C, Ordinance No. 10-
C 04-22, amending Chapter 3, Alcoholic Beverages, and stated that the
ordinance did not specify what "off-premise"was limited to. He thought
the definition was too broad and should be redefined.
LMr. Potter also spoke concerning the "Off the Top" costs associated with
the previous bond issue of $1.13M and maintained that the city could not
save significant money by refinancing. A list of costs associated with the
previous bond issue was distributed to the Commissioners.
John Goodling of 149 10`h Street reported that he would be submitting
plans for beautification of the 10th Street beach access at the May 10, 2004
meeting. He indicated that the group supporting the project came up with
the idea to sell paver bricks to finance the project and there had been a
positive response.
C J. P. Marchioli of 414 Sherry Drive commented that as elected officials,
the Commissioners had a responsibility to the citizens of Atlantic Beach to
solve the problem with constructing the entrance to the Post Office from
i Plaza, and suggested that the cost be divided between the Cities of Neptune
Beach and Atlantic Beach and the Post Office to expedite the project.
CMr. Marchioli stated that during a recent trip to the Times Union Building,
he noticed that all employees were wearing name tags, visitors were
required to wear"Visitor Tags" and anyone who did not have one was
Cimmediately stopped by security personnel. He suggested that the same
requirements be applied to Atlantic Beach municipal buildings.
CDorothy Kerber of 365 1st Street requested that the ordinance amending
Chapter 3, Alcoholic Beverages, retain the section that prevents the sale of
alcoholic beverages on Christmas day.
She also requested that the city deny requests for outside dining on city
sidewalks for safety reasons and to prevent the personalized bricks from
being damaged. Ms. Kerber believed outside dining should be allowed
only if it occurs on the business owner's property, such as at Al's Pizza.
3. Unfinished Business from Previous Meeting
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April 26,2004 REGULAR COMMISSION MEETING Paee 3
City Manager's A. City Manager's Follow-up Report
Follow-up 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,A.
In addition to the written report, City Manager Hanson also reported on the
possibility of landscaping the five-way stop area. He indicated that water
was available for an irrigation system and indicated that two additional beds
could be planted at a cost of approximately $6,400 per year for flower
replacement and labor.
Mayor Meserve distributed his conceptual plan to make the five-way
intersection a"signature" area without installing the roundabout estimated
to cost$530,000+. Mayor Meserve indicated that there were no significant
safety or traffic issues with the intersection, and it seemed after the previous
meeting, the aesthetics of the intersection was an issue. The Mayor's plan
included eliminating or moving the mailbox, installation of brick
crosswalks to tie the area together and match Town Center, and the
additional landscaping. He indicated this would cost considerably less
than the roundabout and some citizens had offered to conduct a fundraiser
for the improvements.
' Discussion ensued. Commissioner Simmons inquired concerning which
additional corners could be landscaped. City Manager Hanson replied that
Parks and Recreation Director Johnson identified the corner between
' Seminole and Sherry and one of the areas adjacent to the Fire Station. She
indicated that some citizens relied on using the mailbox and expressed
concern for its removal.
Commissioner Parsons supported the Mayor's plan and felt landscaping the
area around the mailbox could further enhance the site.
' Mayor Meserve urged the Commissioners to consider his plan as an
alternative to the roundabout when discussed during the upcoming budget
workshops.
A copy of the plan is attached and made part of this official record as
' Attachment B.
Consent Agenda 4. Consent Agenda
' Commissioners Simmons and Waters requested that Items D and B
respectively, be removed from the Consent Agenda for further discussion.
April 26,2004 REGULAR COMMISSION MEETING Page 4
A. Proclamation declaring April 26-30, 2004 as Records
iW Information Management Week
C. Award annual contract for Electric Motor and Pump Repair to
Industrial Equipment Services (Bid No. 0304-13)
Motion: Approve Consent Agenda Items A and C as presented.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Approve the purchase of a mini-excavator with trailer from
Duval Pilot Equipment Outfitters at a cost of$31,080 (Bid No.
0304-11)
Commissioner Waters inquired if the mini-excavator could have been
purchased from State Contract. Utility Director Kaluzniak responded that
equipment meeting the city's specifications was not available from State
Contract.
Motion: Approve Consent Agenda Item B.
Moved by Parsons, seconded by Simmons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
D. Award annual contract for Palm Tree Trimming to American
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Landcare (Bid No. 0304-14)
Commissioner Simmons stated that she had researched palm tree trimming
■� and could not find anything that required twice a year trimming. She
believed once a year trimming was adequate, and that twice a year trimming
caused extra expense and stressed the slow growing trees. Commissioner
Simmons also inquired concerning the 3-9 trimming requirement.
Public Works Director Carper stated that he had spoken with a member of
the local Palm Society and it was recommended the trees be trimmed 3-9
twice a year.
Discussion concerning trimming requirements ensued. Commissioner
Waters requested that the Medjool Palms be trimmed after fruiting,just
before the ripe fruit would drop. Commissioner Beaver indicated that
April 26.2004 REGULAR COMMISSION MEETING Page 5
1 trimming those palms in late June or early July would allow for fruiting.
Commissioner Beaver agreed with Commissioner Simmons that once a year
trimming would be adequate in most cases. He indicated that
Washingtonian Palms decline faster than other trees and may need a second
trimming. It was pointed out that the contract provided a per tree price for
trimming with totals for one and two trimmings per year, and for other palm
tree trimming on an as-needed basis.
Motion: Award annual contract for once a year palm tree trimming to
American Landcare at listed bid prices.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
None.
Ordinances 7. Action on Ordinances
A. Ordinance No. 52-04-03 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE 2005 FUTURE LAND USE MAP, AS
ADOPTED BY ORDINANCE NO. 95-90-48, AS AMENDED, SAID
ORDINANCE NO. 31-04-03 WHICH SHALL CHANGE THE LAND
USE DESIGNATIONS AS ESTABLISHED ON THE 2005 FUTURE
LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN
FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY
AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE
DEVELOPMENT ACTIVITY KNOWN AS THE JOHNSTON
ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF
' CONSISTENCY; FINDINGS OF FACT, SEVERABILITY;
RECODIFICATION AND AN EFFECTIVE DATE (This item has been
withdrawn at the request of the applicant)
' Mayor Meserve indicated that the ordinance had been advertised before the
request to defer by the applicant and a public hearing would be held. Mayor
' Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
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April 26,2004 REGULAR COMMISSION MEETING Pane 6
Commissioner Waters inquired as to the number of times the applicant
could request deferrals. City Attorney Jensen responded as long as you(the
Commissioners) let them. Commissioner Waters stated he did not mind
' doing it once or twice,but he felt there should be a limit. He then inquired
if the delay would affect the city's Comprehensive Plan submittal.
Community Development Director Doerr responded that the request for a
' small scale plan amendment could be submitted anytime during the year.
' B. Ordinance No. 52-04-02 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO.
' 52-04-02, REZONING LANDS AS DESCRIBED HEREIN TO PUD
(PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FOR SPECIAL CONDITIONS;
' PROVIDING FOR FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE (This item has been withdrawn at the request of the
applicant)
Mayor Meserve indicated that the ordinance had been advertised before the
' request to defer by the applicant and a public hearing would be held. Mayor
Meserve opened the floor for a public hearing. No one spoke and the
Mayor closed the public hearing.
' C. Ordinance No. 10-04-22 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
' OF DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF
ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER
3, ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE
' SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS 3-1
THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE OF
ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE
BUSINESS LOCATIONS FOR ON-PREMISE AND OFF-PREMISE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AND
' REGULATING THE CONSUMPTION AND POSSESSION OF
ALCOHOLIC BEVERGES UPON PUBLIC PROPERTY;
PROVIDING FOR RECORDATION AND PROVIDING AN
' EFFECTIVE DATE
' Motion: Approve Ordinance No. 10-04-22 on first reading.
Moved by Parsons, seconded by Waters
' Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
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April 26,2004 REGULAR COMMISSION MEETING Page 7
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MOTION CARRIED
Commissioner Waters inquired concerning the maintenance of "sufficient
lighting" found in Section 3-7 of the ordinance. He stated that it was darker
in the Town Center area because a property owner removed some lighting
in the overhangs when he screened for pigeons, and the Town Center
Agency would like to have it put back.
Chief Thompson responded that the previous language in the ordinance
measured required lighting in footcandles, and this was taken out of the
ordinance. He indicated that the amended language was left broad
intentionally, but provided that sufficient lighting would be maintained for
the safety of patrons and employees inside the building.
Discussion of the consumption of alcoholic beverages at the Adele Grage
Community Center for special occasions, such as a wedding reception,
ensued. Chief Thompson pointed out that Sec. 3-9 allowed the City
Manager to approve the consumption of beer and wine on public properties
for a special event, and a special event was interpreted differently than a
festival.
Discussion of the section of the ordinance prohibiting the sale of alcoholic
beverages on Christmas day ensued. It was the consensus of the
Commission to remove the language from the ordinance referencing the
Christmas prohibition.
Amendment to the Motion: Remove all references to the prohibition
against selling alcoholic beverages on Christmas Day.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
AMENDMENT TO THE MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
Off-Site Open House A. Discussion and related action regarding off-site open house signs
Signs (Mayor)
Mayor Meserve stated that local realtors had approached him concerning
being able to use off-site signs to advertise open house sales on the day of
the open house. He indicated that the current ordinance allows for two
signs to be located on the property having the open house, and prior to
adoption of the current ordinance, four off-site signs were allowed to be
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IApril 26,2004 REGULAR COMMISSION MEETING Page 8
posted for eight hours, but not on public property. He believed this request
Iwas not unusual and asked the Commissioners' thoughts on the request.
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Commissioner Waters stated he could support placement of a sign at the
entrance to a subdivision, but if agents were allowed the off-site signs, the
corner of Atlantic Boulevard and Seminole Road would be covered with
signs.
Commissioner Parsons felt the Commissioners worked hard on the current
sign ordinance and it should not be amended. He felt if realtors were
allowed to use off-site signs, then other businesses would make similar
requests.
ICommissioner Beaver stated that previous Commissions allowed four off-
site signs for realtors on weekends and indicated that he never saw an issue
I by allowing them. He stated he would be in favor of taking the ordinance
back to the way it was for open house signs.
I Commissioner Simmons felt it might be difficult to locate some properties
within the city, but not those on numbered streets. She stated that an open
house was held in her neighborhood of Old Atlantic Beach over the
I weekend and had at least six illegal off-site signs. Commissioner Simmons
commented that Atlantic Beach was a residential community and she would
not be inclined to amend the ordinance for those who abuse it.
INO ACTION WAS TAKEN
I ABAA Contract B. Authorize the City Manager to execute a contract with the
Atlantic Beach Athletic Association (City Manager)
I Motion: Authorize the City Manager to execute a contract with the
Atlantic Beach Athletic Association.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve
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Nay: 0
MOTION CARRIED
IThere was no discussion.
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2003-04 FDOT Grant C. Authorize the Mayor to sign the grant application and all
related paperwork for the 2003-04 FDOT grant (City Manager)
Motion: Authorize the Mayor to sign the grant application and all
Irelated paperwork for the 2003-04 FDOT grant.
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IApril 26,2004 REGULAR COMMISSION MEETING Pate 9
IMoved by Beaver, seconded by Parsons
Votes:
I Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED •
IThere was no discussion.
I GAI Consultants D. Award contract to GAI Consultants in the amount of$49,970.19
Contract for the Mayport Road Median Study, and authorize the City
Manager to sign the contract (City Manager)
IMotion: Award contract to GAI Consultants in the amount of
$49,970.19 for the Mavport Road Median Study, and authorize the City
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Manager to sign the contract.
Public Works Director Carper explained that the FDOT was requesting a
I more in-depth analysis study of what level of service would be projected
when the medians are installed on Mayport Road and decrease the travel
lanes from three to two. Mr. Carper provided information concerning the
I study and it was reported that there would be a separate contract for the
final design of the project.
I City Manager Hanson explained that the FDOT needed to be convinced that
lane reduction would not adversely affect the volume of traffic on Mayport
Road because the FDOT opposes lane closings.
' Commissioners Beaver and Waters inquired concerning funding sources for
the study.
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The Mayor indicated that the City of Jacksonville had authorized funding in
the amount of$250,000 for beautification and $147,000 for design through
Ithe Mayport Waterfront Partnership, which will turn the money over to the
city.
ICommissioner Simmons expressed concern that doing the study before the
Wonderwood Expressway opened would adversely affect the statistics.
Mayor Meserve stated he had spoken to Aage Schroeder, from the FDOT,
Iwho indicated that the city would have to wait two or three years to see the
full impact of Wonderwood because the City of Jacksonville was having
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problems purchasing rights-of-way in the McCormick Road area. The
FDOT felt they could take this into consideration when reviewing the study,
and if they agree to the project, this would give the city the potential for
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another$1M for the project.
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IApril 26, 2004 REGULAR COMMISSION MEETING Page 10
Moved by Beaver, seconded by Waters
IVotes:
Aye: 5 — Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
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MOTION CARRIED
Status Report-Post Office Project
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Mayor Meserve requested that City Manager update the Commissioners on
I the Post Office. City Manager Hanson reported that the JTA had reached
an agreement with the Post Office regarding the amount they would spend
to purchase Post Office property connected with the Wonderwood Project.
I He indicated that this figure was important because that money would be
used by the Post Office for the Plaza Entrance Project. City Manager
Hanson indicated that Post Office and Atlantic Beach officials agreed more
I than two years ago on the concept to change the parking lot and reconfigure
the entrance on Plaza, to give the public access to the Post Office from
Plaza. He further reported that for two years, $65,000 had been budgeted by
the city for the project, but the Post Office, due to budget constraints could
not come up with funding for their share of the improvements on their
property.
ICity Manager Hanson stated the project has been extremely slow and
frustrating, but he has stayed in contact with the Post Office and the city
I was getting close to working out the details of an agreement with them for a
design of the project. He believed that once the project was designed, the
work could be completed in two or three months.
ICornell Two E. Approve Preliminary Plat for Cornell Two Subdivision and a
Subdivision request for a Subdivision Waiver by Beaches Habitat for
I Humanity to allow new residential lots with width of less than
seventy-five (75) feet at the Building Restriction Line and less
than 7,500 square feet of lot area (City Manager)
' Mayor Meserve reported that Beaches Habitat had requested a deferral from
action on approval of the subdivision and subdivision waiver. City
I Manager Hanson explained that the Community Development Board
discussed the proposed subdivision and waiver, but had deferred action on
the request to their next meeting.
ICommissioner Beaver inquired if the delay impacted Beaches Habitat.
Community Development Director Doerr explained that the Subdivision
IRegulations required the Community Development Board to make a
recommendation to the Commission to approve or deny the plat. Ms. Doerr
indicated the delay could put their housing grant application in jeopardy,
Ibut she believed she had the authority to give Habitat a letter informing
April 26. 2004 REGULAR COMMISSION MEETING Page 11
them the preliminary plat was consistent with the city's Subdivision
Regulations.
Ms. Doerr further reported that the Community Development Board
requested that Habitat look at the engineering analysis of the plat to see if
moving the stormwater retention pond to the opposite end of the property
would make all of the lots 75' x 100'.
Commissioner Waters indicated that he was unaware that Habitat built
duplexes and stated he favored construction of single-family homes. He
urged Habitat to build homes like those they constructed on Francis
Avenue. Ms. Doerr responded that the area was zoned for multi-family and
they could build duplexes.
NO ACTION WAS TAKEN.
1 9. City Manager
City Manager's Report A. City Manager's Report
None.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Simmons
1 ❖ Thanked Detective Barbara Sumrall for her work in obtaining the DUI
Enforcement Grant (Item 8C).
❖ Reported that 1,000 gunlocks were available free to the citizens of
Atlantic Beach and urged all parents who own guns to obtain them.
❖ Requested consideration of the installation of overhead signs of a
reasonable size in Town Center. Community Development Director
Doerr indicated that the sign regulations provided for bracket signs, but
the way the buildings were configured, the signs would hang over
public right-of-way.
Commissioner Waters
❖ Requested some type of recognition be given to Rene Schiegg, former
Manager of the Sea Turtle Inn, for his community involvement with the
city and Town Center.
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April 26,2004 REGULAR COMMISSION MEETING Page 12
❖ Suggested the use of a central kiosk in Town Center for directions to
shops.
❖ Inquired concerning charitable contributions given by the Atlantic
aBeach Athletic Association. City Manager Hanson indicated that the
money was given in the form of scholarships for low-income children to
participate in sports. Commissioner Beaver suggested that the
terminology in their financial statement be changed to "scholarships".
❖ Reminded the Commissioners of the 2004 Elected Officials Institute to
be held June 4-6`h. Commissioner Waters indicated he would be
attending.
Mayor Meserve
❖ Suggested holding a series of meetings/workshops to adopt community
character goals for the city as follows: (1) The Commission should
conduct its own workshop, (2) Then conduct a workshop to receive
input from the city's various committees, (3) Conduct a workshop(s) to
receive public input from all areas of the city, (4) Take the collected
information to the Community Development Board for their input and
incorporation into the city's zoning code, (5) Hold a final public
meeting, and (6) Adopt an amended ordinance, incorporating the
recommended changes. Mayor Meserve stated that he did not want the
focus to be on the Old Atlantic Beach area only, but on the entire city.
Discussion ensued. Commissioner Waters suggested holding one of the
workshops at Donner Community Center. Commissioner Beaver agreed
with the Mayor that the Commission should discuss its vision for
development of the city before conducting any workshops or meetings.
A. Report and possible action regarding art displays in the City
(Commissioner Parsons)
' Commissioner Parsons provided the Commissioners with a definition
of public art and various modellas (small models) of public art pieces
' located in the City of Jacksonville were displayed throughout the
Chambers. The process to obtain public art was explained in detail and
it was noted that it was a very lengthy process.
' Commissioner Parsons stated that the Atlantic Beach Public Art
Commission would like to have a rotating art exhibit in Bull Park, to be
' located behind the Cultural Arts Center. He indicated that the Public
Art Commission wanted to remove a palm tree, install a base for the
' artwork on the site of the tree, reinstall the palm to replace a dead palm
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on the site and have the city insure the artwork. He indicated that the
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April 26,2004 REGULAR COMMISSION MEETING Pane 13
cost to move the tree and reinstall it was $2,000 and the insurance
policy with a$5,000 deductible was $500.
Commissioner Parsons stated that he had spoken with Paul Fron, a
sculptor from St. Augustine who works in bronze, and he was willing
to place a piece of his sculpture, which is presently being displayed in
the Ponte Vedra Cultural Arts Center, on site ata cost of$500 for
moving expenses. Commissioner Parsons requested funding in the
amount of$2,500 for the rotating art display.
Motion: Approve Commissioner Parsons request for $2,500 to
come from reserves to be used for palm tree removal and
relocation, and to purchase insurance to cover artwork.
A lengthy discussion ensued concerning relocating the palm tree, funding
sources for public art, liability and insurance. Mayor Meserve expressed
concern for possible expenses related to a$5,000 deductible. He believed
that if the City Commission was serious about art for the city, it should be
discussed during a workshop. He cautioned the City Commission that the
V2 cent sales tax money was earmarked for infrastructure and drainage
projects.
Commissioner Beaver stated he would be more comfortable if the
Atlantic Beach Public Art Commission had everything in place before
the tree was removed and relocated.
Mayor Meserve felt the organization should work out an annual budget
' for the rotating artwork so the city would know the costs.
Commissioner Beaver agreed with the Mayor and believed the city
should set aside money in the budget for the new artwork.
Commissioner Waters indicated he was all for art, but not for changing
Bull Park. He felt other places needed art.
Commissioner Simmons indicated she would also like to see a budget
for the rotating art and a schedule of art identified that would be ready
' to take the place of the piece being rotated out.
' Moved by Simmons, seconded by Beaver
Votes:
Aye: 1 — Parsons
Nay: 4 - Beaver, Simmons, Waters, Meserve
IMOTION FAILED
Mayor Meserve requested that this item be placed on the next agenda
for discussion and possible action.
April 26,2004 REGULAR COMMISSION MEETING Page 14
IAdjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:25 p.m.
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1 John Meserve, Mayor/Presiding Officer
ATTEST:
' Maureen King
Certified Municipal Clerk
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AGENDA ITEM#2B
MAY 10,2004
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k rottamatton
WHEREAS, public works services provided in our community are an integral part of our
citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, storm drainage, and beach access; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these
facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design, and construction, is vitally dependent upon the efforts and skill of public works officials;
and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
WHEREAS, this year's theme "On the Hill", is a tribute to the positive improvements
public works employees have made to our communities.
NOW, THEREFORE, I, John Meserve, Mayor of the City of Atlantic Beach, Florida, do
hereby proclaim the week of May 16—22,2004 as
PUBLIC WORKS WEEK
in the Cityof Atlantic a c Beach, and call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort, and
quality of life.
IN WITNESS WHEREOF, I have hereto set
my hand and caused the official seal of
the City of Atlantic Beach to be affixed this
V
10th day of May, 2004.
JOHN MESERVE
MAYOR
i
AGENDA ITEM#3A
MAY 10,2004
April 30, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanson
it City Manager
SUBJECT: Follow-up Report
Atlantic Beach Athletic Association Charitable Contribution; When the contract for use of
Russell Park was presented to the City Commission for approval at the last regular meeting, a
question came up about an expenditure on the profit and loss statement submitted by ABAA
listed as"charitable contributions" for$2,150. The President of the association has since
reported that this was a donation made to a family whose child died in an accident for the
purpose of helping with the funeral.
Lighting Under Awning on Atlantic Boulevard; Auestion was raised at the last meeting
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about city lighting standards being met under the awning on Atlantic Boulevard next to the
Ragtime Restaurant. David Thompson has advised that the location exceeds the city's
requirements for lighting.
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MAY 10,2004
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MAY 10,2004
Department of Public Safety Quarterly Report
1st Quarter 2004
Police Emergency Res Time 4.000 Minutes
2002 March 2003 March 2004 March
Reported Crimes Y-T-D 2002 Y-T-D 2003 Y-T-D
Murder/Manslaughter 0 0 0
Forcible Rape 1 2 0
Robbery 6 5 6
Aggravated Assault 7 13 17
Simple Assault/Threats 44 32 44
Burglary 39 27 33
Larceny 83 90 84
Auto Theft 11 17 11
Total 191 186 195
Y-T-D 2002 Y-T-D 2003 Y-T-D 2004
Activities Calls for Service 5297 5584 5737
Arrests 207 274 218
Uniform Traffic Citations 1258 1366 1307
Training Child Exploitation Seminar
First Responder Instructor Transition
Investigating and Prosecuting Identity Theft
Taking Control of Your Work Day
Creative Leadership
DUI Standardized Field Sobriety Testing
Explosive Handlers SWAT Entry/Tactics
Criminal Patrol and Contraband Concealment
Crime Scene Processing
Florida Police Chiefs Assn Conference
Surviving Dispath Stress
Building Your Liability Shield
Club and Designer Drug Seminar
Interviewing People Seminar
How To Be a Better Buyer
FTO Seminar
Managing the Communications Center
Jacksonville Fire and Rescue Y-T-D 2002 Y-T-D 2003 Y-T-D 2004
#Fire Alarms 43 46 Not Available
Response Time(Minutes) 4.8663 4.629
#EMS Calls 201 196
Response Time(Minutes) 4.5366 4.44
2002 Stats Y-T-D 2003 Y-T-D 2004
Animal Control Phone Calls Unavailable 336 543
Animal Bites Reported 4 5
Animals Captured 44 101
Animal Adopted 2 11
Animals Returned to Owners 16 24
Citations 54 86
Code Enforcement See Attachment
111
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IAGENDA ITEM#4A
MAY 10,2004
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LAGENDA ITEM#4B
CITY OF ATLANTIC BEACH MAY 10,2004
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Meter Testing, Bid No. 0304-15
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: May 3, 2004
Ls BACKGROUND: In order to ensure the accuracy of large water meters, City staff has been
having them tested and repaired for the last several years. Bids were advertised and invitations
L were sent to three contractors. Only one bid was received from Reed & Shows Meters and
Supplies on April 28, 2004. All required documentation was submitted with the bid. Pricing was
as follows:
Cost for Testing Cost to
Only Test/Repair/Re-
Description Quantity Unit Price Test
8" Test Only 2 $200 $400
8" Test/Repair/Re- $800
test 2 $400
I 6" Test Only 10 $200 $2000
6" Test/Repair/Re- $3500
test 10 $350
4" Test Only 11 $200 $2200
4" Test/Repair/Re-
test 11 $300
3" Test Only 15 $200 $3000
I
3" Test/Repair/Retest 15 $275 $4125
Total $7600 $11725
The bid prices for meter testing and repair are the same prices that we have been paying for the
last 4 years. Staff estimates perhaps one half of the meters would require repair and retesting and
the others would require testing only, based on past years' experience. This would amount to
WW $9,662 in meter testing and repair. The cost of parts will be the based on actual catalog prices
passed on to the City, and is estimated at $5,000. Total estimated cost for meter testing, repair,
and retesting including parts is $14,662. Amount invoiced will be actual number of meters tested
W and repaired to include parts.
BUDGET: A total of$18,000 was budgeted for large meter testing, repair or replacement in the
Water Fund under account number 400-5504-535-3400.
ii-1 RECOMMENDATION: Award the annual contract for meter testing to Reed& Shows Meters
and Supplies in the amount not to exceed $14,662.
im
ATTACHMENTS: 1. Bid tabulation form 1
611 REVIEWED BY CITY MANAGER:
AGENDA ITEM #4B
MAY 10,2004
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AGENDA ITEM#7A
MAY 10,2004
t
' CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Public hearing to enact Ordinance 10-04-02, amendments to Chapter 3
of the City Code, which regulates Alcoholic Beverages
' SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
Chief David Thompson, Public Safety Director
DATE: April 30, 2004
BACKGROUND: Attached, for final reading, public hearing and adoption is Chapter 3,
' Alcoholic Beverages, with references and restrictions related to Christmas Day removed, as
requested at the April 26th meeting.
BUDGET: No budget issues.
' RECOMMENDATION: Adopt, upon final reading, revisions to Chapter 3 of the City Code.
ATTACHMENTS: Proposed Chapter 3, Alcoholic Beverages.
' REVIEWED BY CITY MANAGER:
' •
May 10,2004 regular meeting
AGENDA ITEM#7A
MAY 10,2004
ORDINANCE NUMBER 10-04-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES FOR THE
CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC BEVERAGES TO
REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS
3-1 THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE ALCOHOLIC BEVERAGES;
ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-PREMISE
AND OFF-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES;
AND REGULATING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES UPON PUBLIC PROPERTY; PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, hereby
finds that the public health, the public safety and the general welfare of citizens are protected
and enhanced by appropriate regulation of the sale, consumption and possession of Alcoholic
Beverages within the City.
WHEREAS, after required notice was published, a public hearing was held on the
' 10th day of May, 2004 at 7:15 p.m. to hear and enact revisions to Chapter 3, Alcoholic
Beverages, as previously enacted within the Code of Ordinances for the City of Atlantic
Beach, Florida.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
tOF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
' support of this Ordinance.
SECTION 2. Chapter 3, Alcoholic Beverages is hereby repealed in its entirety and
' replaced with new Chapter 3, attached hereto as Exhibit A.
SECTION 3. The sale, consumption and possession of Alcoholic Beverages shall be
' further regulated by Chapters 561-565, Florida Statutes. Any other local regulations and
ordinances, which may indirectly regulate the sale, consumption and possession of Alcoholic
Beverages, remain in effect.
Ordinance Number 10-04-22 Page 1 of 2
AGENDA ITEM#7A
MAY 10,2004
' SECTION 4. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach this 26th
' day of April, 2004. Passed on final reading and public hearing this 10th day of May,
2004.
1
' JOHN S. MESERVE
Mayor and Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
_
A[TEST:
EST:
MAUREEN KING
City Clerk
I
' Ordinance Number 10-04-22 Page 2 of 2
AGENDA ITEM#7A
MAY 10,2004
:1.
L EXHIBIT A
WI
• Chapter 3
rr, ALCOHOLIC BEVERAGES
Sec. 3-1. Definitions.
IFor the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them within this Section. Where applicable and appropriate to the
context, definitions and provisions as set forth within Chapters 561-565, Florida Statutes, shall
jui be used in conjunction with these terms and the requirements of this Chapter.
Alcoholic Beverages shall mean distilled spirits and all beverages containing one-half of one
percent or more alcohol by volume. The percentage of alcohol by volume shall be determined
by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the
volume of the remainder of the ingredients as though said remainder ingredients were distilled
water.
I Alcoholic Beverage License shall mean that license issued to a person or location by the State
Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional
Regulation(Division).
Licensed Premises shall mean not only rooms or portions of a building where Alcoholic
Beverages are stored or sold by the Licensee, but also all other portions of the premises, which
:is
,; are closely connected so as to admit free passage from any bar or drinking room to any other
portion of the premises over which the Licensee has some dominion or control.
Licensee shall mean a business or a legal entity, or person(s) that holds a license issued by the
Division, and which meets the qualifications as set forth in Section 561.15, Florida Statutes.
Off-premise Consumption shall mean consumption of Alcoholic Beverages not occurring on
the Licensed Premises.
t On-premise Consumption shall mean consumption of Alcoholic Beverages occurring on the
is Licensed Premises.
f Sale or Sell shall mean any transfer or dispensing of an Alcoholic Beverage for any form of
fee, consideration, or gift.
Special Event Permit shall mean a permit approved by the City of Atlantic Beach, signed by the
r" City Manager or his designee, as authorized under Section 3-9 (b) of this Chapter.
F
Irr
V Page 1 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#7A
MAY 10,2004
Sec.3-2. Hours of sale.
(a) It shall be unlawful for any Licensee to Sell, offer for Sale, serve, give away, dispense
or dispose of Alcoholic Beverages, or permit the same to be consumed upon any Licensed
Premises between the hours of 2:00 a.m. and 7:00 a.m. all days of the week.
(b) The Licensed Premises where any Alcoholic Beverages are kept, except for
■ restaurants, grocery stores and markets where the primary business is the sale or serving of food,
shall be closed for business between the hours of 2:00 a.m. and 7:00 a.m. all days of the week.
No person shall be permitted on the premises of such business during such hours, except to clean
up the premises, to perform necessary functions for closing the establishment, or to perform
necessary maintenance.
Sec.3-3. Persons not holding an Alcoholic Beverage License.
' (a) It shall be unlawful for any person(s) or business operating for profit, but not licensed
to Sell Alcoholic Beverages within the City, to Sell, serve, give away or dispense Alcoholic
' Beverages or allow the same to be consumed upon any business premises between the hours of
2:00 a.m. and 7:00 a.m. all days of the week.
Sec. 3-4. Premises where retail sales for Off-premise Consumption are permitted.
(a) Retail Sale, limited to beer as defined by Section 563.01, Florida Statutes, and wine
as defined by Section 564.01, Florida Statutes, shall be permitted only upon the following
Licensed Premises.
' (1) Businesses within the Commercial General Zoning District abutting Atlantic
Boulevard or Mayport Road or businesses located within the Central Business
District; and
' (2) Establishments in locations presently open for business and where a current valid
Alcoholic Beverage License exists as of the effective date of this amended
' ordinance.
(b) Retail sale of Alcoholic Beverages, which_includes liquor as defined by Section
565.01, F.S, in addition to beer and wine, shall be permitted only under the following conditions
' and upon the following Licensed Premises.
(1) Businesses properly licensed by the City of Atlantic Beach for the retail sale of
' Alcoholic Beverages, and
(2) Businesses located only within the Commercial General Zoning District and
subject to approval of a Use-by-Exception in accordance with Section 24-63 of
the City Code.
' Page 2 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#7A
MAY 10,2004
ii
Sec. 3-5. Premises where sales for On-premise Consumption are permitted.
(a) The Sale of any Alcoholic Beverages for On-Premise Consumption, including beer,
wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited
only to restaurants, cafes, bars and private clubs.within Commercial General and Commercial
Limited Zoning Districts or the Central Business District in compliance with Chapter 24 of the
City Code and subject to approval of a Use-by-Exception in accordance with Section 24-63.
Sec.3-6. Existing establishments and Alcoholic Beverage Licenses previously issued.
(a) Businesses, where a current valid Alcoholic Beverage License and a current valid
Occupational License exist as of the effective date of this amended Ordinance, may continue to
operate in accordance with this Chapter, and the right to renew such Licenses shall not be
changed by provisions of this Chapter, provided that such business is in compliance with other
applicable provisions of the City Code.
(b) A current valid Alcoholic Beverage License may be transferred to a new location
within the City provided that such new location is in compliance with Chapter 24 of the City
Code. The number of times the License may be transferred shall not be limited as long as each
new location meets the requirements of this Chapter and other applicable provisions of the City
Code.
Sec. 3-7. Lighting requirements on premises.
Businesses licensed to Sell Alcoholic Beverages within the City, shall maintain sufficient
lighting for the safety of patrons and employees during all times that the business is open or
occupied by employees.
Sec. 3-8. Consumption on Licensee's premises.
(a) It shall be unlawful for any person(s) to consume Alcoholic Beverages on any
Licensed Premises except:
(1) Inside of the building that is the Licensed Premises, or
(2) within a recreation area contiguous to the building that is owned or leased, and
maintained and controlled by the Licensee and used exclusively for recreational
purposes including but not limited to golf facilities, tennis facilities, swimming
facilities, or other recreational purposes, or
(3) within an outdoor seating or dining area contiguous to the building that is owned
or leased, and maintained and controlled by the Licensee.
Sec.3-9. Consumption and possession of open container upon public property.
(a) Except in accordance with following paragraph (b), it shall be unlawful for any
person(s) to consume Alcoholic Beverages upon public properties within the City, or for any
' Page 3 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#7A
MAY 10,2004
' person(s) to be in possession of any open container of an Alcoholic Beverage upon public
properties within the City. Such public property shall include, but not be limited to, streets,
sidewalks, highways, parks, waterways and the ocean or beach.
' (b) The City Manager may, for special events, grant a Special Event Permit to allow the
consumption of beer and wine and the possession of open containers of beer and wine upon
public properties within the City, subject to the following conditions.
(1) No beer or wine shall be consumed out-of-doors in any public park areas, except
that up to four(4) festivals in any one (1) calendar year may be approved.
(2) All public consumption of beer and wine upon any City property, as may be
' permitted by this Section, shall end no later than 11:00 p.m.
(3) The applicant for a Special Event Permit shall sign a written agreement
committing to comply with any reasonable conditions as deemed necessary by the
City Manager to protect the best interests of the City and its residents, and shall as
a condition of the Special Event Permit, agree to hold the City harmless and
assume all liability for any damage to public property or any incident occurring as
' a direct or indirect result of the special event.
i
' Page 4 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#8A
MAY 10,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Provisions for discussion related to Bracket Signs within Town
Center and the Central Business District
SUBMITTED BY: Sonya Doerr, AICP ,�,49
Community Development Director
DATE: April 30, 2004
BACKGROUND: As requested, attached is a possible Chapter 17 (Signs and Advertising
Structures) revision for discussion related to allowing small Bracket
Signs to extend into the public right-of-way (such as over sidewalks)
within the Central Business District. (Please keep in mind that the
Central Business District zoning district extends west to Sherry Drive.)
� I
111
L
L
BUDGET: No budget issues.
' RECOMMENDATION:
Direction to staff.
ATTACHMENTS: Provisions for consideration related to bracket signs extending into
public right-of-ways and map showing Central Business District.
REVIEWED BY CITY MANAGER:
May 10,2004 regular meeting
AGENDA ITEM#8A
MAY 10,2004
O
(3) In lieu of the above-described Fascia Signs, a business or authorized Use may install a single
Bracket Sign or a single Marquee Sign in accordance with the following provisions.
i. Size permitted: The maximum size of a Bracket Sign or a Marquee Sign shall be
determined in the same manner as a Fascia Sign,provided that no such Sign shall have
more than sixty(60) square feet of projected Sign Face Area.
ii. There shall be not more than twelve(12) inches of clear space adjacent to the Building
wall,and such Signs shall not extend or project from the face of the Building more than
ten (10) feet.
iii. No portion of such Sign shall extend above the height of the roof.
iv. No portion of such Sign shall be closer than eight(8)feet to any sidewalk or pedestrian
walkway, and no closer than five (5) feet from any Street side property line. All such
Signs shall be securely anchored to a wall and shall in no manner be connected to or
suspended from the roof of any Building.
v. Within the Central Business District only, and in addition to other permitted Signs, a
single Bracket Sign or a single Marquee Sign, may extend above a public sidewalk or
pedestrian walkway, subject to provision of the clearances required by preceding
paragraph iv,and further provided that no safety hazard or obstruction shall be created.
Any such Sign shall not exceed two(2)feet in width and two(2)feet in depth and shall
be externally illuminated only and shall contain no electrical components.
C
C
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11 as amended through Ordinance 60-03-14,
effective July 14,2003
.1(;1:.N1)A ITEM #8A
`I I AY 10,2004
City of Atlantic Beach
Zoning Districts N
W+E
LEGEND
Zoning District Classifications S
CON
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COAG GIS DEPT
April 1e.2004
AGENDA ITEM#8B
MAY 10,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
L
AGENDA ITEM: Subdivision Waiver requested by Kevin Bennett to allow new residential
lots with width of less than seventy-five (75) feet at the Building
Restriction Line and less than 7,500 square feet of lot area.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director IS
DATE: April 30, 2004
BACKGROUND: The applicant requests a waiver from Section 24-255 (a) of the Subdivision
regulations, which requires all new residential lots to be 75-feet in width and to contain 7500 square
feet of lot area. The subject property is an un-platted tract of land located on the south side of Kestner
Road, west of Main Street. The property is 200-feet in width and 135-feet in depth. This area is zoned
RG-1 (Residential, two-family) but is within the Residential, Low Density land use category. The
Paradise Cove subdivision is located directly across Kestner Road from this property. The Applicant
' wishes to divide the property into four 50-foot wide by 135-foot deep lots, and develop each lot with a
single-family residence. Section 24-191 (below) sets forth conditions under which the City
Commission may waive requirements of the Subdivision Regulations.
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable practical
difficulties may result from strict compliance with this Article, the City Commission may approve a
waiver to the requirements of this Article if the waiver serves the public interest.
(b)Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written
request for the waiver stating the reasons for the waiver and the facts, which support the waiver.
The City Commission shall not approve a waiver unless it determines as follows.
(1) The particular physical conditions, shape or topography of the specific property involved
causes an undue hardship to the Applicant if the strict letter of the Article is carried out.
t (2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for
which the waiver is sought, are not generally applicable to other property and do not result from
actions of the Applicant.
(4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan
and the requirements of this Article. If the City Commission approves a waiver, the City
Commission may attach such conditions to the waiver as will ensure that the waiver will
comply with the intent and purpose of this Article.
BUDGET: No budget issues.
RECOMMENDATION: Staff cannot find that the creation of 50-foot wide lots is consistent with the
Residential, Low Density land use designation as established by the Comprehensive Plan or that the
request meets the conditions of Section 24-191.
ATTACHMENTS: Applicant's letter, survey and letter on behalf of Paradise Cove Homeowner's
Association, and map of site.
REVIEWED BY CITY MANAGER:
May 10,2004 regular meeting
IAGENDA ITEM #8B
MAY 10,2004
I .
I
I
1 April 29, 2004
I
City of Atlantic Beach
Attention: City Commission Members
IRe: Kestner Road–See attached legal description (Property is just south of and
across from Paradise Cove.)
II have been told bythe Cityof Atlantic Beach that I am permitted to build two
duplexes (four town houses) but not four detached houses. I am seeking approval
Ifor a subdivision waiver. My intention is to divide subject property on Kestner
Road into four (4) 50x134.6 ft. lots..Each lot will have 6,730 square feet. There
would be four single family detached houses in lieu of two duplexes (four town
Ihouses). The individual house concept is in keeping with the recent completion of
the very successful and attractive Paradise Cove.
IIt seems to construct four units–using exact floor plans as the detached housing-
together with a 16x8 ft. storage connection at the rear of the house would be an
I
inferior use of land and would certainly have no aesthetic advantage over individual
houses. The town houses would ultimately be divided into 50x134.6 lots when sold
off individually, the same dimensions of the lots if used for detached houses.
II, therefore, respectfully request that members of the City Commission grant my
request to build four detached houses.
IThank you.
•
I .7,,,e (...i______ —"-------, -__--
Kevin Bennett
I
I
I
I
IAGENDA ITEM#8B
MAP .SHOWING BOUNDARY SURVEY OF MAY 10,2004
I •
A PART.OF GOVERNMENT LOT 1, SECTION 111, TOWNSHIP 2 SOUTH, RANGE 29
EAST, DUVAL COUNTY, FLORIDA AND BEING' MORE PARTICULARLY DESCRIBED
. AS'FOLLOWS: FOR A POINT OF REFERENCE,' COMMENCE AT THE NORTHEAST
CORNEROF SAID SECTION 18; THENCE S011,1*0-23110" EAST ALONG THE EAST
I • BOUNDARY. LINE•OF SAID SECTION 18; BEINALSO THE CENTER LINE OF .MAIN '
.. • ..-STFEET;(FORMERLY KNOWN AS. LEVY ROA0,..COUNTY ROAD NUMBER 222), A
• DISTANCE OF 992.56 FEET; THENCE NORTH; 8949'10 WEST, A DISTANCE OF
I .. •' • 33;00'.FEET TO THE POINT OF INTERSECTION OF 1THE WEST RIGHT-OF-WAY LINE OF
:
• SAID MAIN. STREET WITH THE SOUTH RI(AT,70F7-WAY LINE OF KESTNER ROAD (A
• ....
50-FOOT. RIGHT-OF-WAY); THENCE, SQVIU159,734'30" WEST, ALONG THE SOUTH
RIGHT-OF--WAY UNE OF SAID KESTNER ROAD; A-DISTANCE OF '240.00 FEET TO AN
IRON PIPE AND THE POINT OF BEGINNING; THENCE SOUTH 023'10" EAST, A
DISTANCE OF 134.60 FEET; THENCE SOUTH: 8934'30" WEST A DISTANCE OF
III • 200.00 FEET; THENCE NORTH 023'10" WEST A. DISTANCE OF 134.60 FEET TO
•' •••• THE SOUTH RIGHT-OF-WAY LINE OF SAID KESTNER ROAD; THENCE NORTH
111i . .893430" EAST ALONG SAID SOUTH RIGHT-:OF-WAY LINE, A DISTANCE OF
. .. ... .
200.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.62 ACRES, MORE OR •
LESS. \.
•
-------.
. .
PARADISE COVE •
..
• .,: •
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•;;.7:2"•..• - . •••'.......•,;. • •
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BY r
I
AGENDA ITEM#8B
MAP -SHOWING BOUNDARY SURVEY OF MAY 10,2004
•
I A PART•OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29
EAST, DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: FOR A POINT OF REFERENCE,' COMMENCE AT THE NORTHEAST
CORNER-.OF SAID SECTION 18; THENCE SQL 023'10" EAST ALONG THE EAST
I . BOUNDARY:UNE.,OF SAID SECTION 18; BEING:ALSO THE CENTER UNE OF MAIN
STREET,(FORMERLY KNOWN AS LEVY ROAD, ,COUNTY ROAD NUMBER 222), A
DISTANCE OF 992.56 FEET; THENCE NORTH 89'49'10" WEST, A DISTANCE OF
33,00:FEET TO THE POINT OF INTERSECTION OF.THE WEST RIGHT-OF-WAY LINE OF
I
SAID MAIN: STREET WITH THE SOUTH RIGS OF--WAY UNE OF KESTNER ROAD (A
50-FOOT:RIGHT-OF-WAY); THENCE SOkiGI x9'34'30" WEST, ALONG THE SOUTH
RIGHT-OF=WAY UNE OF SAID KESTNER ROAD; A DISTANCE OF 240.00 FEET TO AN
IRON PIPE AND THE POINT OF BEGINNING; THENCE SOUTH 0'23'10" EAST, A
DISTANCE OF 134.60 FEET; THENCE SOUTH 89.34'30" WEST A DISTANCE OF
200.00 'FEET; THENCE NORTH 0'23'10" WEST A. DISTANCE OF 134.60 FEET TO
THE SOUTH RIGHT-OF-WAY LINE OF SAID KESTNER ROAD; THENCE NORTH
89'34'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
200.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.62 ACRES, MORE OR .
LESS. \.
1 _ �7.r� (`�/=. r f/r>J.4 c/ -� ;��/�5 PARADISE COVE
r r
_ •
PLAT BOOK 53, PAGES 82 AND 82A
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N JACKSONVILLE.'FLORIDA 32210 '•I F' ON LDGBY 111$ WRONS FUF OR'ED At�D 1
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' 04/30/2004 10:41 9042466495 °MALLEY AGENDA ITEM#8B
MAY 10,2004
' PARADISE COVE HOMEOWNERS ASSOCIATION
609 PARADISE COURT
ATLANTIC BEACH,FLORIDA 32233
(904)242-8093
' April 30, 2004
City of Atlantic Beach Commission
' 800 Seminole Road
Atlantic Beach, Florida 32233
' Re: Real Estate Parcel #172379 0000
Dear Commissioners:
I am writing on behalf of the Paradise Cove Homeowners Association regarding the
above property located just south of and across Kestner from Paradise Cove.
The owner of the property, Kevin Bennett, is seeking approval for a subdivision waiver in
order to build four single family detached residences on the property.
The Paradise Cove Homeowners Association supports Mr. Bennett's request to build
single family detached homes. This would be in keeping with the beauty and continuity
of the Paradise Cove neighborhood. The Paradise Cove homeowners have expressed
their concern that townhomes would not only be towering above their properties, but
would detract from the Paradise Cove neighborhood.
Thank you for considering our concerns.
Sincerely,
Bob Metzger J
President
1
1
I
I