MinutesbIINLITES OF TIIE REGULAR MEETING OF TILE ATLANTIC BEACH
CITY CO~I~IISSION IIELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P11I.ON AtONDAY, NOVEJIBER 2G, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Bomo
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
Approval of the minutes of the Regular Commission meetings
of November 12, 2001
Commissioner Bomo requested that the minutes be amended to reflect
Commissioner Parsons' name in the list of those in attendance at the
meeting.
Alotion: Approve the minutes of the Regular Commission
Meeting oCNovember 12, 2001 as amended.
The motion carved unanimously.
2. Courtesy of the Floor to Visitors:
All those who wished to speak indicated they preferred to do so during
public hearings on specific items on the agenda.
3. Unfinished Business from Previous Z•Ieeting
There was no unfinished business from the previous meeting.
Mayor Meserve recognized Jacksonville Beach Council Member Art
Graham who was present to observe the proceedings.
4. Consent Agenda:
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November 26, 2001
A. Acknowled;e receipt of monthly report of Utility Sales
Department
motion: Approve consent agenda as presented.
The motion carved unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 90-01-173 Public IIearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLAIV"I'IC
BEACII, COUNTY OF DUVAL, STATE OF FLORIDA,
TO REZONE LAND FR01I THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL,
TNO-FAMILY, (RGl) TO RESIDENTIAL, SINGLE-
FADIILY (RS-2), PROVIDING FII\`DINGS OF FACT,
REQUIRING RECORDATION, A1V'D PROVIDING AN
EFFECTIVE DATE (Commission)
Motion: Approve Ordinance No. 90-01-173 on final
reading.
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance would rezone property in the core city
area from RG-1 (two-family) to RS-2 (single-family).
Community Development Director Doerr indicated that Section 6.
Special Conditions would be included in the ordinance to allow for a
one-year period of time during which property owners in the rezoned
area could proceed with plans to develop duplex units. Community
Development Director Doerr's memo, which includes the language
for Section 6, is attached and made part of this official record as
Attachment A.
Mayor Meserve opened the public hearing and the following
citizen(s) spoke concerning the proposed rezoning ordinance:
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November 26, 2001
Peter Sapia of 1655 Selva Marina Drive, read a letter expressing his
concerns with the ordinance. The letter is attached and made part of
this official record as Attachment B.
Jeri Sabot of 330 First Street, was relieved that the Commissioners
had addressed her concerns from the previous meeting and included a
period of time in the ordinance to allow property owners to construct
duplexes in the rezoned area.
Jeanell Wilson of 3090 South Third Street, Jacksonville Beach,
read a letter from the Northeast Florida Association of Realtors
opposing Section 24-88 of the ordinance. This section of the
ordinance prevented the rental of garage apartments for less than
ninety days. The letter is attached and made part of this official
record as Attachment C.
Lyman Fletcher of 804 East Coast Drive, spoke concerning
"property rights" and the differences between individual property
owner rights and commercial interests. He believed the ordinance
would ensure individual property owner's rights and preserve the
stability and consistency of the old core city area. Mr. Fletcher
believed it was of prime importance that the ordinance protect the
residential character and tree canopy of the city; those things which
make Atlantic Beach unique.
)\lack 1•IcCuller of 225 Water Street, Jacksonville, who
represented Michael Liff and Sherry Bums, felt the language in the
ordinance (Section 24-86) protected duplex owners.
George Bull of 1937 Sevilla Boulevard West, confirmed that the
ordinance included a one yeaz grace period.
No one else spoke for or against the proposed ordinance and the
Mayor closed the public hearing.
Commissioner Bomo pointed out that the rezoning was not brought
about solely by an opinion poll, but also included consideration of
density, impervious surface, permitting and stormwater issues.
Commissioner Waters felt that the area west of the Atlantic Beach
Elementary School, which was already heavily developed with
duplexes, should not have been included in the rezoning. He felt
passage of the ordinance addressed parking problems caused by
duplex development.
Mayor Meserve indicated that much thought and deliberation had
gone into the rewriting of the zoning ordinance and the rezoning of
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November 26, 2001
the core city area. He commended Community Development Board
Chair, Don Wolfson, and the Board Members for their diligence and
hard work on the revisions.
Mayor Meserve provided background information on the
amendments to the code. It was explained that the ninety day rule
was adopted not because of noise or parking issues, but because the
Community Development Board recommended the change based on
the fact that the garage apartments were located within a total
residential area, and the Board wished to limit short term rentals in
single family neighborhoods.
Mayor Meserve acknowledged that any zoning law was a restriction
of personal rights, but it had been pointed out by past consultants, that
if core city drainage project was to succeed, the city must limit future
construction of duplexes. He indicated that the zoning ordinance
provided a delicate balance between protecting property rights and
the long-term needs of the city.
There was no further discussion and the motion carved unanimously.
B. Ordinance No. 90-01-172 Public Ilearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
RENRITING IN ITS ENTIRETY CHAPTER 24 OF THE
CODE OF ORDINANCES, ZONING AND SUBDIVISION
REGULATIONS (Commission)
Motion: Approve Ordinance No. 90.01-172 on final
reading.
Mayor Meserve presented the ordinance in full, in writing.
He opened the public hearing and the following citizen(s) spoke
concerning the proposed rezoning ordinance:
George Bull of 1937 Sevilla Boulevard Nest, inquired if the grace
period that applied to Ordinance No. 90-O1-173 also applied to this
ordinance. Mayor Meserve responded that the one-year grace period
did not apply, but the same protections were provided through vesting
provisions. Community Development Director Doea's memo
concerning the rights of property owners aRer the new regulations are
adopted is attached and made part of this official record as
Attachment D.
Mack 111cCuller of 225 Nater Street, Jacksonville, supported the
ordinance.
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Lyman Fletcher of 804 East Coast Drive, clarified the setback
requirements of Section 24-163 in the final drag of the ordinance. He
opposed the change from 20' to 1 S' for the parking of boats and
recreational vehicles. He felt the change would destroy the aesthetics
of a neighborhood, would cause parking problems since cars would
no~v be parked on the street to accommodate a boat parked in the
front yard, and would result in a negative impact on property values.
No one else spoke for or against the proposed ordinance, and the
Mayor closed the public hearing.
Discussion of vested rights ensued and City Manager Hanson pointed
out that a definition of vested rights was included in the ordinance.
Community Development Director Doea's memo (Item 7A and & B)
clarified the language of the ordinance and is attached as
Attachment D.
Discussion ensued concerning the change in Section 124-163 for
parking or storing recreational vehicles, boats and trailers from 20' to
15'. Commissioner Waters concurred with former Mayor Lyman
Fletcher and opposed the change. He urged Mayor Meserve and
Commissioners Beaver and Bomo to reconsider their positions and
change the setback requirement back to 20'.
Commissioner Beaver reiterated his previous position and believed
the Commission made this change in order to address the needs of the
Marsh Oaks Community. He felt the change would cause no major
impact to the city.
Code Enforcement Officer Sherrer confirmed that several 15 -17'
boats were legally parked in front yards in various areas of the city.
Mayor Meserve thanked the Community Development Board
Members and the Commissioners for their work on the ordinance
which he believed was much better than the current zoning
ordinance.
Following brief discussion the motion carried by a four to one vote
with Commissioner Waters voting nay.
C. Ordinance No. 60-01-11 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AAIENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE I, SECTION
17-17, TO PROVIDE FOR TILE TREATi1fENT OFNON-
CONFORAIINGSIGNS; PROVIDING FOR
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RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Commission)
11lotion: Approve Ordinance No. 60-01-11 on first
reading.
Mayor Meserve indicated that the final reading and public hearing for
the ordinance would be held Decembec 10, 2001.
There was no discussion and the motion carved unanimously.
8. Miscellaneous Business:
A. Approve Interlocal Agreement with the City of
Jacksonville for the distribution of 911 funds and
authorize the 11layor to execute the agreement
I1lotion: Approve Interlocal Agreement with the City of
Jacksonville for the distribution of 911 funds and
authorize the mayor to execute the agreement.
There was no discussion and the motion carried unanimously.
B. Public IIearing and action on a request for aUse-by-
Exception filed by Damon Rebhahn to operate a cabinet
and furniture repair shop on property on the east side of
I1layport Road south of Dora Street (Cit}• I1lanager)
I1lotion: Accept the recommendation o(the Community
Development Board and approve the use-by-exception
filed by Damon Rebhahn to operate a cabinet and
furniture repair shop on property on the east side of
I1layport Road south of Dora Street.
The Mayor opened the floor for a public hearing and invited
comments from the audience.
No one spoke for or against the application and the Mayor declared
the public hearing closed.
Commissioner Bomo noted that in the past ause-by-exception was
issued for the applicant and location only and inquired if it was
applicable to this request. Community Development Director Doerr
indicated that these were standard recommendations for all uses-by-
exception. Commissioner Bomo requested that the minutes reflect
this condition.
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Following brief discussion the motion carried unanimously.
C. Approve issuance of an occupational license for a car
wash to be located at 835 Atlantic Boulevard
Motion: Approve issuance of an occupational license for a
car wash to be located at 835 Atlantic Boulevard.
Community Development Director Doen explained the requirement as
written in the staff report which is attached and made part of this official
record as Attachment E.
In response to Commissioner Borno's request for information concerning
the type of operation, Jonathon Plumb, owner of the car wash, explained
the water recycling operation foc the business, the proposed landscaping
for the site, and indicated that the business would create 20 - 30 part time
jobs.
Following a brief discussion, it was the consensus of the Commission to
amend the ordinance to remove the requirement for Commission approval
of the occupational license for a car wash.
The motion carved unanimously.
D. Authorize staff to prepare an ordinance establishing a
policy on utility due date extensions for customers on Gxed
incomes, with hardships and allowing for waiving of late
fees under certain conditions (City Manager)
Motion: Authorize staff to prepare an ordinance establishing n
policy on utility due date extensions for customers on fixed
incomes, with hardships and allowing for waiving of late fees
under certain conditions.
There was no discussion and the motion tamed unanimously.
E. Approve list of surplus items and authorize their sale at public
auction (City Manager)
11lotion: Approve list of surplus items and authorize their sale
at public auction.
City Manager Hanson explained that placing city vehicles in the
Jacksonville Beach public auction would free up much need storage space
and allow for a quicker disposal of the vehicles, which should bring higher
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proceeds to the city. He indicated that the city would pay a share of the
cost for the auctioneer.
There was no discussion and the motion carved unanimously.
F. Authorize staff to negotiate a contract with Aikenhead and
Odom to provide engineering services for a stormwater master
plan update; if unable to negotiate a satisfactory contract,
authorize staff to negotiate with Stanley Consultants, Inc. (City
Manager) ,
notion: Authorize staff to negotiate a contract with
Aikenhead & Odom to provide engineering services Cor a
stormwater master plan update; if unable to negotiate a
satisfactory contract, authorize staff to negotiate with Stanley
Consultants, Inc.
' Commissioner Bomo inquired if the update would dovetail with the
CH2M Hill stormwater Master Plan completed in 1995.
Public Works Director Kosoy indicated that most of the recommendations
found in the 1995 plan were completed or under construction and the
update would expand the1995 plan and include GIS mapping and a
revised capital improvement plan with priority rankings. Public Works
Director Kosoy indicated that the update would concentrate on drainage
issues in the Hopkins Creek and Ocean Grove areas. He indicated that
the completed update would provide the city with a ten year improvement
plan similar to the one just completed for water and sewer.
There was no further discussion and the motion tamed unanimously.
9. City I1lanager Reports:
City Manager Hanson updated the Commissioners on the following
items:
• Reported that in order to avoid expensive construction delays,
he had approved an emergency purchase in the amount of
S 10,800 for the additional fill dirt needed at Dutton Island.
• Reported that the Public Works Department had estimated it
would cost approximately 570,000 to extend power to the
medians on Atlantic Boulevard. He indicated that since no
funds were budgeted for the project, he did not intend to
proceed with thcv project at this time.
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• Reminded the Commissioners that a tour of the Core City
Project area was scheduled for Wednesday at 1:00 p.m.
• Reported that the final permit required for the Core City
Project was issued by the Corps of Engineers on November
11`s.
• Reported that the Ciry's liability insurance coverd the city if it
was sued due to any action of Sea Turtle Patrol. However, the
Sea Turtle Patrol was not covered under the city's current
insurance.
• Reported the birth of Finance Director Nelson VanLiere's son,
Mazcus Nelson VanLiere.
• Reported that the Navy had amended its RFP to privatize
utility services to include a provision that the bidders must be
able to provide service to btayport and Naval Air Station
Jacksonville, which effectively removed the City of Atlantic
Beach from the bidding process. He indicated that because of
the change, it was not prudent to spend the funds budgeted for
a consultant to evaluate the project.
Mayor Meserve briefly explained the issue and requested that
the city inquire if the JEA would be interested in working with
the city in a joint effort to service the Mayport base.
Reported that he had received a letter from Haywood Ball of
Beaches Habitat requesting that Habitat be reimbursed for the
cost of cleaning up the old landfill site in Marsh Oaks where
one of their homes was built. Due to I-Iabitat's prior
knowledge of the existence of the landfill, City Manager
Hanson indicated that he intended to send them a letter
denying the request.
• Indicated that he was going to work with Habitat to clear title
on lots with city demolition liens
• Reported that water on Sherry Drive would be turned off
between the hours of 10:00 p.m. and 6:00 a.m. on December 6
-12`" to install valves. However, he indicated each
customer's water would be turned off only one night.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
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Reported that athermometer-type sign to track fund raising
efforts had been erected at the Adele Grage Community
Center. He suggested that the RFP for construction of the
center include a provision to allow the contractor a discount in
return for a donation to the project. There were no objections
to the suggestion.
Reported that serious beach erosion had occurred with some
areas losing as much as 8-10' of sand. He requested that the
City Manager keep in contact with the Corps of Engineers
concerning the on-going beach renourishment project for
Duval County. It was suggested that the three beach cities
work together and hire a consultant to monitor the problem.
Commissioner Beaver stated that he would work with the City
Manager in this regard.
• Reported that he would attend tomorrow night's meeting of
the Recreation Advisory Board and noted that in the past there
had been poor attendance at the meetings and on several
occasions they did not have a quorum. He requested
Commission input regarding the future of the Board.
City Manager Hanson felt it would be premature to address
the future of the Board since Commissioner Bomo and he
were working on the question of charitable contributions and
this was related to the role of the Recreation Advisory Board.
Commissioner Borno
• Requested an update on the Wonderwood Road project and
inquired if the design had changed.
Commissioner Waters
• Thanked the Mayor for moving forward with the Zoning
Ordinance and getting it passed.
• Indicated that he would be unable to attend the Tour of the
Core City.
• Felt the land which was swapped with Habitat should be
incorporated into Jordan Park and requested a plat of the park
boundaries.
• Requested that a congratulatory letter be sent to former City of
Atlantic Beach Finance Director, Kirk Wendland, who was
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appointed head of the Jacksonville Economic Development
Commission by Mayor Delaney. Mayor Meserve indicated
that he would send the letter.
Mayor Dleserve
• Thanked everyone who was involved with working on the
Zoning Ordinance for their diligence in getting it passed.
• Indicated that he had received information concerning the
National Beach Renourishment Conference to be held in
January and suggested that a representative of the city attend.
• Stated that he was impressed with the new Jordan Park
Community Center and the improvements which had taken
place in the area, generally, over the past few years.
• Reported that sixty-five people took part in the Mayport Road
clean-up and thanked them for making it a successful event.
• Suggested that Debra Igou, the new Director of the Parks and
Recreation Department for the City of Jacksonville, be invited
to visit the city.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting adjourned at 9:25 p.m.
Attest:
Maureen King
Certified Municipal Clerk
John Mesecve
MayodPresiding Officer
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