MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JUNE 10, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Paul Pazsons and
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
ABSENT: Mike Bomo, Commissioner
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Beaver was followed by the Pledge of Allegiance
to the Flag.
1. Approval of the minutes of the Regular Commission meeting of
May 28, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of May 28, 2002 as presented.
The motion carried unanimously.
Mayor Meserve welcomed Holly Kartsonis and Art Graham, candidates
for the Jacksonville City Council, to the meeting.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive, inquired concerning the
specification for the thickness of the sidewalk in Item 4D.
Stephen Kuti of 1132 Linkside Drive provided historical information
concerning Azerbaijan (Item 8D) and opposed asister-city relationship
with a country in which we shazed nothing in common.
Bob Totter of 27511an Street commented on the following items: (1) He
was happy to see an entrepreneur planned to do something with the old Pic
`N Save Building, (2) felt Mr. Scott from the FDOT should be provided
information concerning the accidents on Mayport Road to support
lowering the speed limit to 35 mph, and (3) that assessed values were
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June 10, 2002
going up 11%, taxes were already too high, and he would like the
Commissioners to be frugal with the city's tax dollars.
3. Unfinished Business from the previous meetings
A. City Manager's Follow up report on issues from previous
meetings
City Manager Hanson commented on each item of his written report,
which is attached and made part of this official record as Attachment A.
He indicated that a revised Sign Ordinance and a report on options for
beach parking would be presented at the June 24, 2002 Commission
Meeting.
4. Consent Agenda:
Mayor Meserve requested that Item D be removed from the Consent
Agenda for discussion.
A. Acknowledge receipt of the following monthly reports:
Occupational Licenses, Public Safety, Public Works (City
Manager)
B. Award a contract to T.W. Blount Jr. & Son Contracting in
the amount of $57,003.10 for Sherman Creek Trestle
Crossing Stabilization pursuant to the specifications of Bid
No. 0102-2, and authorize the City Manager to sign the.
contract documents (City Manager)
C. Authorize the Mayor to sign the application for State
Revenue Sharing 2002-2003 (City Manager)
Motion: Approve Consent Agenda Items A-C as
presented.
There was no discussion and the motion carried unanimously.
D. Award contract to Gruhn May, Inc. in the amount of
$95,321 for 33001inear feet of sidewalk to be constructed
on Orchid/Rose Streets and West Plaza, pursuant to the
specifications of Bid 0102-18, and authorize the City
Manager to sign the contract documents (City Manager)
Motion: Award contract to Gruhn May, Inc. in the
amount of $95,321 for 3300 linear feet of sidewalk to be
constructed on Orchid/Rose Streets and West Plaza,
pursuant to the specifications of Bid 0102-18, and
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authorize the City Manager to sign the contract
documents.
City Manager Hanson explained that Community Development Block
Grant (CDBG) funds were available for sidewalk installation in
Mazsh Oaks and for the rehabilitation of the sanitary sewer on
Jackson Road. He indicated that the total bid for the work was greater
than the amount of CDBG funding. Mr. Hanson further reported that
staff determined the prices for the sewer rehabilitation were high and
CDBG funds should be spent on sidewalks for Orchid and Rose
Streets and West Plaza. He indicated that the City of Jacksonville
required that the funds be spent by the end of July.
Utility Duector Kaluzniak reported that the standard for sidewalk
construction was five feet wide and four inches thick.
There was no discussion and the motion carried unanimously.
5. Commttee Reports:
Audit Committee Report
Commissioner Pazsons reported that the Audit Committee met on
June 4, 2002, to review the proposals. He indicated that after a
complete discussion of the four firms' capabilities and a conference
call to City Attorney Jensen to discuss the committee's
responsibilities, it was felt that the Audit Committee should conduct
the interviews and make a recommendation to the Commission. He
reported that the Committee ranked the proposals and selected three
firms to be interviewed.
By consensus, the Commissioners agreed with the procedures
outlined by Commissioner Pazsons. The committee will interview the
three top firms and present their recommendafion to the city
Commission.
6. Action on Resolutions
There was no action on Resolutions.
7. Action on Ordinances:
A.
Ordinance No. 90-02-171
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING ORDINANCE N0.90-02-171, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM THE
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PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS
OF FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve presented Ordinance No. 90-02-171 in full, in
writing.
Motion: Approve Ordinance No. 90-02-171 on f-rst
reading.
Community Development Director Doerr explained the request as
listed in her Staff Report dated May 24, 2002, which is attached and
made part of this official record as Attachment B. Ms. Doerr
briefly explained the conditions placed on the property by the
Community Development Boazd and stated they had been somewhat
modified and expanded, as shown on Page 2 of the memo.
Ms. Doerr stated that since the Staff Report was written, the applicant had
requested that the following changes be made to the ordinance: (1)
Section 3, Item d be amended to read "Any wetlands filled on-site should
be permitted in accordance with all applicable State and Federal
regulations." She pointed out that the city had no regulatory authority
over wetlands; and (2) Section 3, Item c (iii) to include the following
pazagraph: "In the event that the Principal Building is reconstructed, the
maximum height of the building shall be limited to fifteen (15) feet above
Base Flood Elevation (BFE) as may be established, or amended, by the
Federal Emergency Management Agency (FEMA) and limited to a single-
story of enclosed floor azea".
Mayor Meserve opened the floor for a public hearing.
Steven Diebenow ,the attorney representing Queen of Peace Radio
Station, explained the reasons for the requests. He indicated that the
radio station did not intend to build a structure more than one story or
to exceed fifteen feet above the ground, but requested that this
language be included so in the event FEMA redesignated the flood
zone or if there was a flood staging requirement that required future
buildings to be constructed a certain height above the ground, they
would be able to reconstruct their building.
J.P. Marchioli commented that the building might be destroyed by
termites and the owners might want to build a two story structure
which would be a credit for the community.
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June 10, 2002
Since no one else wished to speak,. the Mayor closed the public
hearing.
Commissioner Waters felt the building spoiled the view of the mazsh
and that in addition to the Community Development Boazd, the
Commission should approve site plans for any future development
permits issued for the site. Commissioner Waters requested that
Section 3, Item a be amended to reflect the change.
Fyrst Amendment to the Motion: Amend Section 3, Item e,
by adding:..shall require site plan approval by the
Community Development Board and City Commission.
prior to the issuance of any future Development Permits.
Mayor Meserve felt there was a need for cleaz rules for approval or
denial of any request for future development in a Special Purpose
zone and that the rules should be included in the ordinance.
Discussion ensued concerning the possible reasons for denial of any
future development at the site. Community Development Duector
Doerr felt that a request could be denied only if it did not comply with
the terms of the ordinance or if there were other agency permitting
issues. She indicated that the applicant agreed with the language in
the ordinance.
City Attorney Jensen pointed out that Item a addressed site plan
approval, which addressed the location of the building on the
property, not the type of structure.
Discussion ensued and Commissioner Waters inquired asxo the size
and number of permitted signs at the site.. He indicated that he would
like to see only one sign at the site.
Motion: Delete the paragraph concerning wall or fascia
signs from the ordinance.
This motion failed for lack of a second.
Second Amendment to motion: Approve all changes to the
ordinance as recommended by staff.
Mayor Meserve indicated that the final reading and public hearing
would be held on June 24, 2002.
There was no more discussion and the first and second amendments
to the motion, and the main motion carried unanimously.
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June 10, 2002
8. Miscellaneous Business:
A. Public hearing and action on a request for ause-by-exception
.filed by Scott J. Morris Construction to allow on-premise
consumption of beer, wine and liquor, limited wholesale
operation, limited warehousing and contractor with no outside
storage on property located at 725 Atlantic Boulevard (Former
Pic `N' Save location) zoned Commercial General (CG) (City
Manager)
Motion: Approve Use-by-Exception as recommended by the
Community Development Board.
Mayor Meserve opened the floor for a public hearing and invited
comments.
Alan Dickinson, developer for the project, explained his proposed
development plan for the North Beach Center in detail. A site plan, a
proposed floor plan, and an illustration of the Art Deco fagade for the
high-end shopping center were displayed.
Mr. Dickinson indicated that the request for wazehousing at the back of
the building was crucial to the project. Emphasis was placed on the full
use of the building as requested in order to meet debt service on the $6M
project.
Mr. Dickinson also requested Commission consideration of the following
additional items: (1) That he be allowed to purchase the small city-owned
parcel at the reaz of the site to create an additional access point on Cavalla
Road, (2) that he be allowed to use cityright-of--way on Sailfish Drive for
pick up and commercial delivery on the east side of the building. He felt
this item was vital to the success of the project since any restaurant
locating in the building would not want to accept deliveries through the
front of the building, (3) that the Community Development Boazd's
recommended hours of operation for the seven (7) reaz spaces be changed
from 7:00 a.m. to 9:00 p.m. to 5:30 a.m. to 9:00 p.m., and (4) that the Art
Deco fagade element of the building be allowed to exceed the thirty-five
(35) feet height limitation.
Mike Boyle of 401 Sailfish Drive stated that he opposed eazly morning
operation and truck usage of Sailfish Drive.
No one else wished to speak and the Mayor closed the public hearing.
Mayor Meserve recapped the requested use-by-exception, which included
on-premises consumption of beer, wine and liquor, limited wholesale
operation, limited wazehousing and contractors with no outside storage.
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June 10, 2002
Community Development Director Doerr explained that the Community
Development Board made no recommendation concerning exceeding the
height limits for the fagade since by code, only the City Commission could
make that determination.
Community Development Director Doerr explained relative to use of the
city right-of--way on Sailfish, the code required that off-street loading be
provided on-site, but that it also contained a mechanism for a waiver to the
requirement, which was the use-by-exception. It was pointed out that
there were practical issues to be considered, and Ms. Doerr expressed
concern for setting a precedent to allow off-street loading on city right-of-
way.
Commissioner Beaver expressed concern that the project might not
progress as presented and he did not want to see a strip mall with four bars
on the site. It was pointed out that the Commission could put any
conditions it wanted on the project. He stated he could agree to the
increased height of the facade, but did not want the neon lights to be
intrusive to the residents living behind the building.
Commissioner Waters stated that he did not favor allowing a height
increase or granting four consumptive use permits for unknown
businesses. He was opposed to any night club-type operations going in
the building.
Commissioner Parsons favored the project and stated that he had no
problem with the increased height for the fapade.
Mayor Meserve stated he had visited the site and favored maintaining the
current height limitation of 35'. He also expressed concern that it was
difficult to grant the use-by-exception based on an artist's concept. Mayor
Meserve felt language should be included which stated that the project
would be built substantially to the design as presented at the meeting.
Mayor Meserve stated that large delivery trucks would either have to
make a u-tum on Cavalla Road to come back to Sailfish Drive or go out
Cavalla Road, which is a residential street. He felt use of the city right-of-
way for unloading large trucks presented a safety issue. He also stated
that he had no problem selling the city parcel. and the city would obtain an
independent appraisal of the property to set the value for the sale.
Mr. Dickinson agreed to including language in the use-by-exception
indicating that the redevelopment of the former Pic `N Save store would
look like the artist's rendering for the North Beach Center as presented to
the Commission. Mr. Dickinson stated he would be receptive to delaying
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authorization of the four consumptive use permits until the businesses
were known, and agreed to keep the fapade at thirty-five feet.
Mr. Dickinson felt it was essential to have the following requests granted:
(1) The use of Cavalla Road access and he agreed that it would be used as
an exit-only, right turn egress with raised curbing, (2) use of the cityright-
of-way for off-street loading in order to keep a major restaurant chain
interested in the site, and (3) the redevelopment of the reaz of the building
into seven (7) bays ofshowroom/office/limited wazehousing/limited
wholesale operations and contractors use with no outside storage.
Commissioner Pazsons felt operations should not begin before 6:30 a.m.
He stated that he had walked azound the site and felt this was a good
project to revitalize the area and urged the Commission to approve it.
A lengthy discussion concenng the use of Cavalla Road, warehousing
operations and pazking on the city right-of--way ensued.
Commissioner Beaver concurred that the hours of operation should be
limited to 6:30 a.m. - 9:00 p.m., and stated he could not support pazking
on the Sailfish right-of--way.
Commissioner Waters inquired concerning the choice of Art Deco for the
shopping center and indicated his preference for a more traditional look.
Commissioner Water suggested access from the front for the restaurant,
but Mr. Dickinson felt this was not practical.
Mayor Meserve indicated that the Commission needed to work through all
of the issues in order to give Mr. Dickinson an answer to his requests.
Following a complete discussion of the requested items a motion was put
forth as follows:
Amendment to the main motion: Accept the recommendation
of the Community Development Board and approve the use-
by-exception Filed by Scott J. Morris Construction with the
following amendments: (1) Time of operation relative to
contractor activity will be from 6:30 a.m. to 9:00 p.m., (2) the
height for the front fagade will be limited to thirty-five (35)
feet, (3) the city property will be sold at a price determined by
an independent appraisal and then negotiated between the city
and developer, (4) relative to truck traffic at the back of the
building, Cavalla Road access will be constructed as an exit-
only, right-fora only egress with raised curb, exiting in front of
two homes on Cavalla Road, (5) the developer will meet design
considerations as shown in the artist's rendering of the
shopping center, (~ approval granted for limited warehousing
as requested, (~ all landscaping requirements will be met, and
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(8) approval granted to allow for the on-premise consumption
of beer, wine and liquor in not more than four (4) spaces, and
(9) deny request for off-street loading on the Sailfish right-of-
way.
There being no further discussion, the amendment to the mofion and
motion carried by a three to one vote with Commissioners Beaver and
Pazsons and Mayor Meserve voting aye and Commissioner Waters voting
nay.
For clarification, an amended list of conditions of the use-by-exception is
listed below:
The architectural design of this Development Project shall be
generally as presented within the application for Use-by-Exception
(File #Use-by-Exception-2002-04.)
2. The azchitectural fagade element, which is proposed to be
constructed on the south elevation of the building, shall be limited to
thirty-five (35) feet in height and shall contain no signage.
3. Uses which shall occupy any of the thirteen spaces on the southern
frontage of the building shall be limited to those as set forth within
Section 24-111(6), Permitted Uses, with aUse-by-Exception to allow
for the on-premise consumption of beer, wine and liquor in not more
than four (4) spaces.
4. The seven (7) spaces, which shall occupy the rear portion of the
building, shall be limited to a combined total floor area not to exceed
36,000 squaze feet. Uses shall be limited to those as set forth within
Section 24-111(6), Permitted Uses, and Uses-by Exception limited to:
a. Contractors with no .outside storage; no outside pazking of
heavy equipment or commercial construction related vehicle
vehicles, no construction activity occurring on-site, and no daily
contractor related activity occurring before 6:30 am or a8er
9:OOpm.
b. Limited Warehousing and Limited Wholesaling restricted only
to consumer products and goods as defined by Standazd Industrial
Classification Industry Groups 504-Professional. And Commercial
Equipment; 502-Furniture And Home Furnishings; 5111-Printing
and Writing Paper; 5112- Stationery and Office Supplies, 5113-
Appazel, Piece Goods, And Notions.
c. All uses identified by Section 24-112, Light Industrial and
Wazehousing Zoning Districts shall be prohibited, except for such
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use as may also be Permitted Uses in the Commercial General
Zoning District.
Commercial traffic shall be limited to existing ingress and egress
points on Atlantic Boulevazd and Sailfish Drive, East and Cavalla
Road. If constructed, the Cavalla Road access shall be designed and
constructed as an exit-only, right-tum only egress with raised curbing
and signage, which shall restrict use of the Cavalla Road driveway
accordingly.
6. A unified sign plan shall be approved by the Community
Development Director, which shall comply with the City's sign
regulations, and which demonstrates a common theme with respect to
sign type and construction, illumination, size, style and color. All
owners and lessees, and any assigns seeking sign permits within this
Development Project shall be subject to this unified sign plan.
B. Discussion and related action on production of future City
newsletters (City Mauager)
Commissioner Waters suggested publication of a bi-monthly
newsletter.
Discussion ensued concerning costs and funding for the newsletter. It
was felt that it was important to continue publishing the newsletter
since it would provide a source of information for residents during the
Core City construction project.
Motion: Authorize staff to produce a monthly tri-fold
newsletter printed on both sides of one sheet of paper, and
direct staff to bring a proto-type to a future meeting for
Commission approval
There was no more discussion and the motion carried unanimously.
C. Authorize the City Manager to contract with Dowling
Construction to make emergency repairs to the boardwalk
at Tideviews Preserve in the amount of $22,846 (City
Manager)
Motion: Waive the bid process and authorize the City
Manager to contract with Dowling Construction to make
emergency repairs to the boardwalk at Tideviews Preserve
in the amount of $22,846.
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forward with the project as soon as possible since that portion of the
pazk had been closed since the fire.
Commissioner Waters felt serious consideration should be given to
providing for pazk protection.
There was no discussion and the motion carried unanimously.
D. Discussion and possible action regarding establishing a
sister-city relationship with Nakhchivan City in
Azerbaijan (Mayor)
Mayor Meserve stated that he was not in favor of the request. He felt
that Nakhchivan City in Azerbaijan was a remote industrialized city
sharing little in common with the City of Atlantic Beach. He felt
there was a language barrier and asister-city relationship with the city
would require considerable staff time and funding.
Commissioner Waters suggested placing an article in the first
newsletter to see if any citizen was interested in taking on the project.
Commissioner Beaver inquired as to how asister-city relationship
worked. City Manager Hanson indicated that he had experience with
sister-city projects and would report on those experiences at the next
meeting.
9. City Manager
City Manager Hanson reported on the following items:
Reported that lead base paint had been found during
renovations to the Adele Grage Community Center and a
Change Order in the amount of $15,737 to neutralize the lead
base paint had been submitted by the contractor. City Manager
Hanson requested Commission authorization to make the
expenditure on an emergency basis so as not to delay the
work. There were no objections to the emergency
expenditure.
• Announced that Michael Fields, a Wastewater Treatment
Plant Operator, had been chosen Employee of the Quarter.
• Utility Director ICaluzniak distributed Water Quality. Reports
for the Atlantic Beach and Buccaneer Districts to the
Commissioners.
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• Reported that a notice had been received from the Tax
Assessor's Office indicating property values in Atlantic Beach
had increased 11.3%.
• Reported that the city would take over maintenance of the
flyover landscaping on July 3'~. The City Manager indicated
that the City of Neptune Beach wished to contract with the
city to provide landscape maintenance for their side of the
flyover, and he was working out an agreement with them.
Commissioner Beaver reported that there were weeds in the
landscaping and felt the city should not be responsible for
removing them. City Manager Hanson indicated that there
were also imgation problems and he would be speaking to the
JTA concerning this matter.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Waters
• Referenced minutes from a recent Tree Boazd meeting and
stated that he was unhappy that the applicant was allowed to
remove trees on cityright-of--way. City Manager Hanson
explained there was a 100% mitigation requirement for this
type of request.
• Commented concerning sending the accident information
relative to Mayport Road to the FDOT and Chief Thompson
responded that they already had the information.
• Requested that he be informed of proposed changes to the
Sign Ordinance in advance of having to act on same.
Commissioner Parsons
• Reported that a sea turtle would be used as the working logo
for the Core City Project.
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There being no further discussion or business to come before the City
Commission, the Mayor declazed the meeting adjourned at 10:10 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Meserve
Mayor/Presiding Officer
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