Loading...
02-27-06COMMISSION MINUTES REGULAR CITY COMMISSION MEETING February 27, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Waters, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed Art Graham to the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on February 13, 2006. Motion: A~arove the minutes of the Regular Commission Meeting on February 13,2006. Moved by Borno ,seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Councilman Art Graham, l5 6th Avenue North, Jacksonville Beach, invited everyone to attend a Town Meeting with the School Board to be held on March 2, 2006, 7:00 - 8:30 pm at Jacksonville Beach City Hall with special guest, Mayor John Peyton. Pat Pilmore, 995 Camelia Street, spoke against a proposed HUD project that failed, but would support efforts by Beaches Habitat to provide nice, low income housing. She addressed the concept of districting and requested that the committee meetings be open to the public and allow their input. Joe Fitzgerald, owner of 1718 Selva Marina Drive, was advised that he would have an opportunity to address the Commission later in the meeting under Miscellaneous Business. February 27, 2006 REGULAR COMMISSION MEETING Paee 2 Stephen Kuti,1132 Linkside Drive, requested that phone numbers for all the Commission be listed on the city's website and/or newsletter. Jane Wytzka, 352 2°d Street, thanked the Commission for their stand on lot division in Atlantic Beach. A. Presentation of an Independent Auditor's Report by Purvis, Gray & Company This item was addressed later in the meeting. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jirn Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment A. His report addressed the following topics: Amendments to the Dangerous Dog Ordinance and Pedestrian Path System. Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of an Independent Auditor's Report by Purvis, Gray & Company This item was taken out of order and acted upon at this time. Ron Whitesides, Audit Partner of Purvis Gray & Company, reported that the audit went very well and as a result of this years audit had no findings relating to the city. Mr. Whitesides referred to page six to explain that expenses went up by $800,000 or at a rate of five percent (5%) and revenues up by $2.6 million or by fifteen percent (15%) from the prior yeaz. He explained that the improvement in revenue appeazed to be driven by utility rate restructuring and that water and sewer revenues have increased by almost a half million dollars. He reviewed the income statement and explained the two million dollar increase in equity of the City. He reported that: 1) no compliance issues regazding regulations were found, 2) the balance sheet shows a positive increase in equity, and 3) the City is in a strong financial position. Mr. Whitesides also reported that the Retirement plan for the City was reviewed and appears more positive than in previous years due to positive returns from investments. Mr. Whitesides asked the Commission for questions or comments. Commissioner Borno complimented Finance Director Nelson Van Liere and City staff on their efforts to achieve a strong financial position for the City. Commissioner Fletcher agreed with Commissioner Borno's comments. Commissioner Waters inquired February 27.2006 REGULAR COMMISSION MEETING Page 3 about the ratio between the City's contributions to the plan and the rate of return on investments. Mr. Whitesides responded that the City's contributions aze adequate. He explained that the actuary attempts to, over time, have the plan be adequately funded to pay the benefits of the members as they retire and have the members, along with their matching contribution by the city, fund their retirement obligation while they are working for the city. He reported that the rate of return has not met the actuary projections of eight percent. He further reported that the city has funded everything and the actuary will increase the city's contribution over time, to make up the deficit that's been caused by a lack of rate of return. Mayor Wolfson thanked Ron Whitesides for his report. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Financial Report for January 2006 B. Acceptance of Ownership and Maintenance Responsibility for Public Improvements on Stocks Street Extension Mayor Wolfson requested that Item A be pulled for discussion purposes. Motion: Approve Consent Agenda Item 4B as presented. Moved by Waters, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Finance Director Nelson Van Liere addressed the Commission and answered Mayor Wolfson's questions regarding the difference between the annual estimated revenues of $22.6 million and projected expenses of $24.9 million for this year's budget. The city had decided to spend some of the fund balance acquired from previous years in this yeaz. Nelson Van Liere gave examples of the largest numbers that caused it. He explained that $1.3 million dollar difference was due to the Hopkins Creek Project and $475,000 on the Public Safety Building. Mayor Wolfson inquired about the effect on the budget if the City does not complete the acquisition of Hopkins Creek this yeaz. If the funds are not spent they will stay into fund balance to be re-budgeted and the financial report would be adjusted accordingly. Motion: Acknowledge Receipt of the Financial Report (Consent Item 4A) Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED February 27.2006 REGULAR COMMISSION MEETING Paee 4 Miscellaneous Business 8. Miscellaneous Business E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc. and approval of the Replat (City Manager) Mayor Wolfson explained that the Commission would take this item out of order and address it at this time. City Manager Hanson presented a brief overview of the case. He explained that both sides have now agreed and the settlement is before you to consider which is attached and made part of this official record as Attachment B. Marcia Tjoflat explained the process that the city has gone through and why the city decided to pursue a Settlement Agreement with Lindley Tolbert Design, Inc. instead of taking it to court. Ms. Tjoflat suggested one change in the Settlement verbiage on page 2, paragraph 3, to add the word "then-" to make it say "then- current". She advised that she had discussed the change with the applicant's attorney and explained why the recommendation to add the word was made. Discussions ensued. Mayor Wolfson thanked Ms. Tjoflat for her explanation and asked the City Attorney for comments. City Attorney Alan Jensen had no comments to add. Ms. Tjoflat advised the Commission that a new question is being raised and asked to have a few minutes to discuss with Ms. Tolbert and her Legal Counsel. Mayor Wolfson agreed to allow time to negotiate. (This item continues later in the meeting.) The Mayor continued to the next agenda item. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-188, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE Commissioner Waters expressed concern regarding the language of the Ordinance regarding swimming pools. A brief discussion ensued noting that action is to be taken on pavers only at this time, not on swimming pools. Motion: To aaprove Ordinance No. 90-06-188 on first reading. February 27, 2006 REGULAR COMMISSION MEETING Page 5 Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson acknowledged that Ms. Tjoflat was back in the room and ready to continue with the Settlement Agreement action. Miscellaneous Business 8. Miscellaneous Business E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc. and approval of the Replat (Continued) Mayor Wolfson stated that action on the Settlement would go forth in the form of two motions. Motion: Approve the Settlement Agreement with Lindley Tolbert Design, Inc. and authorize the Mayor to sign the document. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: o MOTION CARRIED Legal Counsel, Marcia Tjoflat suggested that for the record, the applicant's attorney should state to the Commission that his client will sign the Settlement Agreement with the City. Lindley Tolbert, President of Lindley Tolbert Design Inc., addressed the Commission and agreed to sign the Settlement as set forth. Motion: Approve the replat (as authorized and included as "Exhibit A" in the Settlement Agreement with Lindley Tolbert Design, Inc.) and authorize all necessary signatures. Commissioner Fletcher expressed concern over the process and the delay in receipt of the revised version. Legal Counsel Tjoflat apologized for the inconvenience, but circumstances delayed the submission of the modified agreement. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson thanked Ms. Tjoflat as well as Lindley Tolbert and her Legal Counsel. February 27, 2006 REGULAR COMMISSION MEETING Page 6 Action on Ordinances 7. Action on Ordinances B. Ordinance No. 5-06-45, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by its title and opened the floor to a public hearing. There were no comments from the public. The Mayor closed the public hearing and brought the item before the Commission for a motion. Motion: To aanrove Ordinance No 5-06-45 with Sec 2-20(b) as it was originally submitted reading "bv the Consumer Price Index for all Urban Consumers (CPI-U) released in August" with no other changes Moved by Borno, seconded by Simmons Amended Motion: To amend the original ordinance. Section 2-20(b), by deleting the word "shall" and inserting the word "may" and add a closing sentence. that would read, "Such adjustments shall be aanroved by the Mayor and Commission in the form of a resolution." Moved by the Mayor, seconded by Waters Mayor Wolfson expressed concern with an automatic renewal Commissioner Borno expressed concern that the salary issue will become politicized unnecessarily. Commissioner Fletcher agreed with Commissioner Borno and pointed out the cost factor is minor relative to the time that would require the Commission to review the issue. Commissioner Waters requested clarification on the proposed language and believed the first sentence in Sec. (b) should be changed. Mayor Wolfson offered ideas for new language and expressed to the Commission that City Attorney Jensen advised him that the adjustment could not be done in the form of a resolution, because that's in conflict with the city charter but would have to be done in the form of an ordinance instead. Amended Motion: To annrove the original ordinance, changing Section 2- 20(b), to read as follows: "Effective August 1 each year the basic salary of the manor-commissioner and city commissioners may be reviewed by the City Commissioners and. if anaroved. shall be adjusted by the Consumer Price Index for All Urban Consumers (CPI-U) released in August Adjustments. if any, shall not exceed the cost of living adjustment arovided to general emnloyees and shall be effective on October 1 of each veer Such adjustments shall be anaroved by the Mayor and Commission in the form of an ordinance." February 27, 2006 REGULAR COMMISSION MEETING Page 7 Moved by the Mayor, seconded by Simmons Votes: Aye: 1-Wolfson Nay: 4 - Borno, Fletcher, Simmons, Waters MOTION FAILED Amended Motion: To amend the original ordinance with Sec 2-20(b) to read as follows: "Effective August 1 each near the basic salary of the mayor-commissioner and city commissioners shall be reviewed by staff and shall be adjusted using the Consumer Price Index for All Urban Consumers (CPI-U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment arovided to general emalovees and shall be effective on October 1 of each year." Discussion ensued. Moved by Borno, seconded by Simmons Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 1 -Waters MOTION CARRIED Motion: To anurove the original ordinance with amendments to Sec 2- 20(b) to read as follows: "Effective August 1 each veer the basic salary of the mayor-commissioner and city commissioners shall be reviewed by staff and shall be adjusted using the Consumer Price Index for All Urban Consumers (CPI-U) released in August. Adjustments, if env, shall not exceed the cost of living adjustment arovided to general emalovees and shall be effective on October 1 of each year." Moved by Waters, seconded by Wolfson Votes: Aye: 3 - Borno, Fletcher, Simmons Nay: 2 -Waters, Wolfson MOTION CARRIED C. Ordinance No. 90-06-189, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90- 01-172, ARTICLE III, DIVISION 5, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS THERETO, TO ADD NEW SECTION 24- 104, ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION, TO BE KNOWN AS RESIDENTIAL, SINGLE-FAMILY -LARGE LOT February 27, 2006 REGULAR COMMISSION MEETING Paee 8 (RS-L, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by its title and opened the floor to a public hearing. There were no comments from the public. The Mayor closed the public hearing and brought the item before the Commission for a motion. Motion: To approve Ordinance No. 90-06-189 on final reading No comments were made by the Commission. Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Ordinance No. 95-06-90, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by its title and opened the floor to a public hearing. There were no comments from the public. The Mayor closed the public hearing and brought the item before the Commission for a motion. Motion: To approve Ordinance No. 95-06-90 with amendments Sec 1 (d) to read "Liability insurance in the amount of at least $300,000 or a surety bond on said dog of at least $300,000 which bond shall obligate the owner of any such dog to nay to the City of Atlantic Beach and to any person iniured by such dog, any damages and expenses incurred as a result of the conduct of such dog or its owners:' An additional sentence should be inserted, "A written statement from the issuing insurance company indicating that there are no dog bite or dangerous dog exclusions in attachment to that liability oli ". Moved by Borno, seconded by Simmons Mayor Wolfson asked Commissioner Borno to explain the necessity for inserting the additional statement to the Ordinance. Commissioner Borno explained that his research revealed that insurance companies are not obligated to cover attachments unless a City Ordinance requires the specified attachments. Liability policies with written attachments are legally ineffective unless attachments are required by Ordinance. February 27.2006 REGULAR COMMISSION MEETING Page 9 Commissioner Fletcher would like to motion to amend the insurance policy to read "per occurrence." Amended Motion: To aaurove Ordinance No. 95-06-90 with amendments Sec. l (d) to read "Liability insurance in the amount of at least $300,000 or a surety bond on said dog of at least $300.000, per occurence which bond shall obligate the owner of anv such dog to aav to the City of Atlantic Beach and to anv person iniured by such dog. anv damages and exaenses incurred as a result of the conduct of such dog or its owners " An additional sentence should be inserted, "A written statement from the issuin insurance company indicating that there are no dog bite or dangerous dog exclusions in attachment to that liability aoGcy". Moved by Fletcher, seconded by Simmons Commissioner Fletcher advised that omission by the owner of a dangerous dog is another potential problem that perhaps the Ordinance should address. City Attorney Jensen cautioned the Commission not to add too many amendments. Mayor Wolfson expressed his reluctance to act on the motion at this time and suggested the Commission table the Ordinance. Motion: To withdraw the motion. Moved by Wolfson, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED It was the consensus that the Ordinance be sent back to the City Attorney to redraft incorporating the comments and concerns made by the Commission. E. Ordinance No. 20-06-75, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson read the ordinance and explained the need for the ordinances primarily to provide funding for construction of the mailbox located at 16th Street and Seminole Road. Mayor Wolfson expressed concerns regarding the safety of the design. Public Works Director Rick Carper provided revised drawings and advised that the turn lane is sized so that, with the exception of large SUVs, a U-turn would not be necessary. Chief Thompson noted that it is designed to facilitate a left turn and allows clear visibility. Public Works Director Rick Carper confirmed the February 27, 2006 REGULAR COMMISSION MEETING Pace 10 remarks. Commissioner Borno asked for clarification on signage. Mayor Wolfson explained that there would be no signage. Motion: To aaprove Ordinance No. 20-06-75 on first reading Moved by Simmons, seconded by Borno Votes: Aye: 3 - Borno, Simmons, Waters Nay: 2- Fletcher, Wolfson MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Follow-up to City Commission action denying a request for a Waiver from Section 24-66 of the Land Development Regulations requiring On-Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) City Manager Jim Hanson provided background on the request for a waiver and added that City staff would provide a report. Public Works Director Rick Carper gave a presentation and provided the specifics based on the plan that was submitted. Rick Carper recommended that the Commission deny the waiver because the revised drawing is a landscape plan that demonstrates an issue with storm water capacity and that the original plans were revised to exclude a circular driveway. Mayor Wolfson asked for questions and proceeded to introduce the applicant. Mr. Fitzgerald gave his Maryland address and explained his background in Real Estate and experience as an Engineer. He stated that he believes his revised plans for his property demonstrate effective drainage and are in compliance with City Code. He further stated that the impervious surface of his property is eighteen percent and his lot slopes which allows drainage to flow into the canal located at the back of his property. The City Manager asked Mr.Fitzgerald if his position was that the new plans meet the City Code and therefore does not need a waiver. He responded and City Manager Hanson indicated a need for the Public Works Director to run some numbers to reevaluate the new plan. Mr. Carper stated that the plan still lacks on-site water retention. Further discussion ensued. Commissioner Borno expressed confidence in the present code, explained how the current system works and how it effectively deals with drainage problems. Commissioner Simmons suggested that staff discuss and review the new plans before the Commission is asked to decide on the waiver. Mayor Wolfson agreed and asked Public Works Director Carper to review and discuss the new plans with Mr..Fitzgerald and bring back to the Commission if a waiver is necessary. Motion: To defer back to staff. February 27, 2006 REGULAR COMMISSION MEETING Page ll Moved by Fletcher, seconded by Borno Votes: Aye: 5 - Borno, Fletcher ,Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Bicycle Path Construction (City Manager) City Manager Hanson reported that the previous commission approved the current year's budget which included the design and construction of the Ped Path going from where West Plaza ends to connect with Main Street. He further reported that Mr. Carper was asked to look into alternatives and to recommend which would be the most feasible to construct. Mr. Hanson explained that Mr. Carper was present to report the best alternative and is requesting that the Commission agree to proceed ahead with the detailed design and to get public input if necessary. Rick Carper reported that the initial plans show where to take the Bike Path up to Levy Road and from Levy Road to Main Street. He explained that it could be done but that the price is increasing constantly. He offered to evaluate taking it along the West Plaza ditch right-of--way, but advised that in order to confirm that it could be done, a survey of at least the north half would be required. He believed that it could be build, that it would be less expensive, and that it would be a nice path since it is away from traffic and a straight line to Main Street without crossing a busy street. Commissioner Simmons suggested that the city solicit for neighborhood input. Commissioner Borno expressed his approval of the design. Commissioner Waters expressed concerns regarding the bike path down Main Street due to the location of trees and agreed that public input, especially from Main Street residents, should be sought. Rick Carper explained a recent survey that indicated a small number of trees that will be affected by the Bike Path. Motion: To direct Public Works Director Rick Career to build a recommended alternative Bike Path along the north bank of the West Plaza ditch from Rose Park to Main Street using funds from this year's budget and call for one public hearing. Moved by Commissioner Fletcher Motion died for lack of a second. Mayor Wolfson suggested having bike paths discussed during the neighbor to neighbor beachside chats. Commissioner Borno asked that staff continue their evaluation. The consensus was to have Public Works Director Rick Carper continue to pursue the issue. February 27.2006 REGULAR COMMISSION MEETING Page 12 C. Appointments to Board Member Review Committee (City Manager) Mayor Wolfson explained that, at the last meeting, a Resolution was approved which added two new members to the Board Member Review Committee and thanked the commission for their input. He requested that this item not be discussed at this meeting, but instead come back to the Commission at the next meeting with recommendations for appointments. D. Neighbor to Neighbor beachside chats (Mayor) Mayor Wolfson explained his idea of holding neighborhood meetings and gave examples of suggested sites. He expressed his desire to attend as many of the meetings as possible and to have at least one other Commissioner present at each meeting on a rotational basis. Mayor Wolfson explained that once the meetings are scheduled the public would be notified. Commissioner Fletcher and Commissioner Waters made comments and suggestions regarding the planning of these meetings. E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc. and approval of the Replat (City Manager) This Item was taken out of order and acted upon earlier in the meeting. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported that a recent change to the smoking policy has been covered in the news media. He explained that the no smoking policy will affect hiring of city employees and that the intent of the new policy is to improve the health of City employees. He also reported that the Community Character workshop for the Commission and the Community Development Board to meet with Nore Winter is scheduled for Tuesday, February 28, 2006 at 5:00 pm and the workshop for the public is scheduled for Wednesday, March 1, 2006 at 6:00 pm and urged everyone to attend. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Attorney Jensen • Addressed the issue of limiting campaign spending. He indicated that there are pending cases before the Supreme Court on this issue but as it stands now, the individual contributions can be limited but the amount of spending on a campaign cannot be limited. Mayor Wolfson commented and believed it would be appropriate to wait for the decision from the February 27, 2006 REGULAR COMMISSION MEETING Page 13 Supreme Court before pursuing any city charter changes regarding campaign spending. Adjournment Commissioner Fletcher • Stated that he liked the idea of the (Neighbor to Neighbor Beachside Chats) formal meetings. Commissioner Waters • Reported that when he was on Park Street earlier, he noticed a huge, 3- story mound of mulch and also, next to it is a junk car lot. He commented that the neighborhood may be lacking representation. Mayor Wolfson • Reported that he had just come back from New Orleans and explained to everyone the devastation there. He offered to discuss his experience and thoughts on what he learned with anyone that is interested. There being no further discussion, the Mayor declared the meeting adjourned at 9:45 p.m. ~~`~ ~ . ~~ ~ ~ ~~ ~~ C.,~ Donald M. Wolfson, Mayor/Presiding ficer ATTEST: Donna L. Bussey City Clerk v(Q~wx.~i p~/<'~E~a¢e~ ATTACHMENT A FEBRUARY 27, 2006 COMMISSION MTG February 21 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim H City Manager SUBJECT: Follow-up eport Amendments to the Dangerous Doi Ordinance; The Mayor and Commission amended Ordinance No. 95-06-90 concerning dangerous dogs at it's first reading to increase the amount of the insurance coverage or surety bond from $100,000 to $200,000. A question was raised at that time about whether or not liability insurance could be obtained in $200,000 increments. Two insurance companies in Florida providing homeowners insurance have since been contacted. Both have indicated that the normal liability amounts for either household liability coverage or for an umbrella policy are in the amounts of $100,000, $300,000, $500,000 and $1,000,000. If the $200,000 coverage amount is not available from many insurance companies, the City Commission may want to consider further amending the proposed ordinance either to bring the amount back down to $100,000 or to raise it to $300,000. Pedestrian Path System; Discussion was held during the recent strategic planning meetings about future projects in the city's pedestrian path system. The last time the Mayor and Commission formally took an action designating priorities, other than through the adoption of annual budgets and approval of bids for construction, was in November of 2002 when a resolution was adopted setting forth the first phases of construction and for other purposes. A copy of Resolution 02-21 approved on November 11, 2002 is attached for your review. It would be appropriate for the City Commission to determine where the pedestrian paths should be built in the future because the initial steps in the plan from November 2002 have now been completed. AGENDA ITEM #3A FEBRUARY 27, 2006 RESOLUTION N0.02-21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ENDORSING A BICYCLE AND PEDESTRIAN PATHWAY SYSTEM AS IDENTIFIED BY THE CITY COMMISSION, AND AUTHORIZING THE CITY MANAGER TO SEEK FUNDING AND GRANTS FOR- THE DESIGN AND IMPLEMENTATION OF THE SYSTEM. WHEREAS, the Mayor and the City Commission have identified as a priority, though the annual Strategic Planning Process, the development of a bicycle and pedestrian pathway system within the City of Atlantic Beach, and also connecting with other beach communities and surrounding recreational~facilities and resources, and the community's schools, and WHEREAS, the development of this bicycle and pedestrian pathway system supports the Goals and Objectives of the Recreation and Open Space Element of the adopted Comprehensive Plan, and WHEREAS, the citizens of Atlantic Beach have requested and expressed their support for the development of a bicycle and pedestrian pathway system, and NOW, THEREFORE, BE IT RESOLVED, the City Commission of the City of Atlantic Beach hereby supports and endorses the development of a bicycle and pedestrian path and trail system that will enhance the quality of life for visitors and residents of the City of Atlantic Beach and will further the goals and objectives of the Comprehensive Plan. To implement the bicycle and pedestrian pathway system, the City Commission hereby directs the City Manager to proceed with efforts to seek funding and grant sources to assist with the costs of design and construction of an initial phase of this bicycle and pedestrian pathway and trail system. This initial phase of this project shall involve the following priorities: 1. Design and implementation of a wayfinding program, which may include a unique logo, maps, signage and symbols, and a pavement marking system, that shall designate pathways as part of the trail and bikeway system. Pathways may include widened sidewalks, expanded streets and right-of- ways, as well as off-road and natural trails. These pathways may be designed to serve multiple recreational uses, including recreational bicyclists, skating and skateboazding, runners, h>7cers and walkers, with the priority focused on families, senior citizens and the recreational user. 2. Within the City of Atlantic Beach Florida, priority will first be given to development of this system along Plaza extending from Rose Pazk to the Beach, and along Seminole Road north of Twentieth Street. AGENDA ITEM #3A FEBRUARY 27, 2006 - 3. In addition to the preceding priorities, the development of a safe system for pedestrians and bicyclists along Mayport Road, extending from Atlantic Boulevard to the Wonderwood Expressway, which shall provide fiar connections to Kathryn Abbey Hanna State Park and the Timucuan Ecological and Historic Preserve, is also considered as a priority in the initial phase of development. 4. The City Manager is encouraged to seek continued participation and coordination with the City of Neptune Beach, the City of Jacksonville Beach, the City of Jacksonville, the National Park Service, the Mayport Waterfronts Partnership, and other such State and Federal agencies which may provide assistance or funding to further the development of this system. ADOPTED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA, THIS 11th DAY OF NOVEMBER, 2002. App ed as to form -and correctness: r ,. f° / C aAC.~Je~' ~, ~quiir+e kY `T ATTEST: ~ .. ~~~ Manreen~ K,ieg, C City Ckrk Page 2 of 2 Resolution No. 02-21 ATTACHMENT B FEBRUARY 27, 2006 COMMISSION MTG SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (this "Agreement") is dated and entered into as of the day of February, 2006, by and between Lindley Tolbert Design, Inc., a Florida corporation ("Tolbert"), and the City of Atlantic Beach, Florida (the "City"). RECITALS: A. Tolbert is the owner of certain real property located within the boundaries of the City, as more particularly described on the attached Exhibit "A" (the "Tolbert Property"), and contained within the Selva Marina subdivision lying within the City's municipal boundaries. Tolbert also asserts that it is the owner of a strip of land one (1) foot wide by one hundred (100) feet long lying immediately adjacent to the northerly edge of the Tolbert Property (the "One Foot Strip"). B. On or about November 1, 2005, Tolbert applied for approval from the City to reconfigure the Selva Marina subdivision to create three new lots on the Tolbert Property and the One Foot Strip, consisting of Lot 1, containing 8,167 square feet; Lot 2, containing 11,625 square feet; and Lot 31, containing 12,884 square feet (the "Application"). C. On November 15, 2005, the City's Land Planning Agency, the Community Development Board, met in public hearing to consider the Application. After hearing from Tolbert and from others, the Community Development Board voted to recommend to the City Commission that the Application be denied. D. On November 28, 2005, the City Commission convened its regular Commission meeting, including a quasi judicial public hearing on the Application. After hearing testimony from Tolbert and others, the City Commission closed the public hearing and deferred making its decision on the Application to its December 12, 2005, meeting. At the December 12 meeting, the City Commission voted to deny the Application. E. On January 11, 2006, Tolbert challenged the City's denial of the Application pursuant to Section 163.3215, Florida Statutes (2005), by Complaint filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County under Case Number 16-2006-CA-000433 (the "Complaint"). In addition, Tolbert challenged the City's denial of the Application by Petition for Writ of Certiorari filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County under Case Number 16- 2006-CA-000434 on January 11, 2006 (the "Petition"), (collectively, the "Cases"). F. Tolbert and the City desire to settle the Cases on the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: {00130489.DOC.4} 1 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference as part of this Agreement. 2. Modifications to the Application. The City requested that the size of the three new lots on the Tolbert Property each contain a minimum of 10,000 square feet to be consistent with the character of the Selva Marina subdivision. Tolbert disagrees that the Tolbert Property is required to be consistent with the character of the Selva Marina subdivision. However, Tolbert has agreed to reconfigure three new lots on the Tolbert Property as shown on the attached Exhibit "A," with Lot 1 containing 10,000 + square feet, Lot 2 containing 10,978 +/- square feet, and Lot 3 containing 11,475 +/- square feet. None of the three new lots described in this paragraph contain land lying within the One Foot Strip. 3. Applicable Regulations. Construction of residences on the three new lots as depicted on the attached Exhibit "A" will be required to meet applicable current City of Atlantic Beach Land Development Regulations. 4. Dismissal of the Cases. Within five days of City Commission approval of the three new lots, Tolbert shall file a Notice of Voluntary Dismissal with Prejudice of the Complaint and the Petition. 5. Remedies. Each party to this Agreement shall have all remedies available at law or in equity to enforce the terms of this Agreement and each party agrees that time is of the essence of this Agreement. 6. Venue. Venue for any actions brought to enforce this Agreement or for breach of this Agreement shall be filed in Duval County, Florida. The prevailing party in such action shall be entitled to recover the costs of such suit together with all attorneys' fees through and including all appeals and including all litigation to determine entitlement to an amount of such fees. 7. Effective Date. This Agreement shall be effective as of the date of execution by the last party signing this Agreement. 8. City of Atlantic Beach Approval. Tolbert understands that the City of Atlantic Beach City Commission must consider and approve this Agreement at a public meeting and that this is a condition precedent to the full execution of this Agreement by all parties. 9. Attorneys' Fees. Each party to this Agreement shall bear its own attorneys' fees and costs incurred in connection with the Cases. 10. Counterparts. This Agreement may be executed in counterparts, all of which shall constitute a single, original document. 11. Releases. Except for fulfillment of the obligations under this Agreement, each party to this Agreement releases all other parties from all claims, known or unknown, pertaining in any way to the Cases or the matters related thereto, provided 2 {00130489.DOC.4} that such release will be effective only if all conditions precedent and subsequent to this Agreement becoming effective are fulfilled. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement as of the date set forth below. LINDLEY TOLBERT DESIGN, INC., a Florida corporation By: Print Name: Date: 2006 {00130489.DOC.4} 3 CITY COMMISION OF CITY OF ATLANTIC BEACH, FLORIDA By: Print Name: Its: Date: 2006 {00130489.DOC.4} SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (this "Agreement") is dated and entered into as of the day of February, 2006, by and between Lindley Tolbert Design, Inc., a Florida corporation ("Tolbert"), and the City of Atlantic Beach, Florida (the "City"). RECITALS A. Tolbert is the owner of certain real property located within the boundaries of the City, as more particularly described on the attached Exhibit "A" (the "Tolbert Property"), and contained within the Selva Marina subdivision lying within the City's municipal boundaries. Tolbert also asserts that it is the owner of a strip of land one (1) foot wide by one hundred (100) feet long lying immediately adjacent to the northerly edge of the Tolbert Property (the "r^"~^"+~a T ~_-"'; One Foot Stria"l. B. On or about ,November 1. 2005 Tolbert applied for approval from the City to reconfigure the Selva Marina subdivision to create three r~ew lots on the Tolbert Property and the r',.~~~..,-,..t T ~~aOne Foot Stria, consisting of Lot 1, containing 8,167 square feet; Lot 2, containing 11,625 square feet; and Lot 31, containing 12,884 square feet (the "Application"). C. On November 15, 2005, the City's Land Planning Agency, the Community Development Board, met in public hearing to consider the Application. After hearing from Tolbert and from others, the Community Development Board voted to recommend to the City Commission that the Application be denied. D. On November 28, 2005, the City Commission convened its regular Commission meeting, including a quasi judicial public hearing on the Application. After hearing testimony from Tolbert and others, the City Commission closed the public hearing and deferred making its decision on the Application to its December 12, 2005, meeting. At the December 12 meeting, the City Commission voted to deny the Application. E. On January 11, 2006, Tolbert challenged the City's denial of the Application pursuant to Section 163.3215, Florida Statutes (2005), by Complaint filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County under Case Number 16-2006-CA-000433 (the "Complaint"). In addition, Tolbert challenged the City's denial of the Application by Petition for Writ of Certiorari filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County under Case Number 16- 2006-CA-000434 on January 11, 2006 (the "Petition"), (collectively, the "Cases"). F. Tolbert and the City desire to settle the Cases on the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 ~~?_3~__9.-3?.DO Redline of Doc 00130489 (v4 to v3 2/23/2006 at 11.55 ANl 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference as part of this Agreement. 4. ~ZI1. ~ 2. Modficat~ns__tn__the Application. The City requested that the s>ae of the thlee new lots on the Tolbert Prp~ert~__ each contain a minimum of 10 000 square feet to be consistent with the character of the Selva Marina subdivision. Tolbert disagrees that the Tolbert Property is required to be consistent with the character of the Selva Marina subdivision However Tolbert has agreed to reconfigure tke--three new lots on the Tolbert Property as shown on the attached exhibit "A," with Lot 1 containing 10,000 +/- square feet, Lot 2 containing 10,978 +/- square feet, and Lot 3 containing 11,475 +/- square feet. None of the three new lots described in this naraeraph contain land lying within the ~'°~+°•~~ _a T ~~a ne Foot Stria. 3. pplicable Regulations. Construction of residences on the three new lots as depicted on the attached Exhibit "A" will be required to meet applicable current City of Atlantic Beach Land Development Regulations 4. Dismissal of the Cases. Within five days of City Commission approval of the three new lots, Tolbert shall file a Notice of Voluntary Dismissal with Prejudice of the Complaint and the Petition. 5. Remedies. Each party to this Agreement shall have all remedies available at law or in equity to enforce the terms of this Agreement and each party agrees that time is of the essence of this Agreement. 6. Venue. Venue for any actions brought to enforce this Agreement or for breach of this Agreement shall be filed in Duval County, Florida. The prevailing party in such action shall be entitled to recover the costs of such suit together with all attorneys' fees through and including all appeals and including all litigation to determine entitlement to an amount of such fees. 7. Effective Date. This Agreement shall be effective as of the date of execution by the last party signing this Agreement. 8. City of Atlantic Beach Approval. Tolbert understands that the City of Atlantic Beach City Commission must consider and approve this Agreement at a public meeting and that .this is a condition precedent to the full execution of this Agreement by all parties. ~00130931.pOC.1 2 $~line of Doc. 00130489 (v4 to v31~/23/2006 at 11:55 AM 9. Attorneys' Fees. Each party to this Agreement shall bear its own attorneys' fees and costs incurred in connection with the Cases. 10. Counterparts. This Agreement may be executed in counterparts, all of which shall constitute a single, original document. 11. Releases. Except for fulfillment of the obligations under this Agreement, each party to this Agreement releases all other parties from all claims, known or unknown, pertaining in any way to the Cases or the matters related thereto, pro~~ided that such release will be effective only if all conditions precedent and subsequent to this Agreement becoming effective are fulfilled. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement as of the date set forth below. I~INDLEY TOLBERT DESIGN, IN(:., a Florida corporation sy: Print Name: Its:_ Date: 2006 ~~0130931 _DOC.1 3 Redline of Doc 00130489 (v4 to v312/23/2006~t 11:55 AM CITY COMMISION OF CITY OF ATLANTIC BEACH, FLORIDA By: Print Name: Its: Date: 2006 001309.31. i Redline of Doc 00130489 (v4 to v312/23/2006 at 11.55 M EXHIBIT "A" (TOLBERT PROPERTl~ 00130931 D i - -- Q $~line of Doc 001304R9 (v4 to v312/23/2006 at 11:55 AM Document comparison done by DeltaView on Thursday, February 23, 2006 11:53:57 AM Input: Document 1 WORLDOX://F:\WDOX\CLIENTS\1537100130489.BKC Document 2 WORLDOX://F:IWDOX\CLIENTS\1537\00130489.DOC Renderin set Standard Legend: Insertion n Moved to S le char e Format char e ~~et Inserted cell Deleted cell Moved cell S lit/Mer ed cell Paddin cell Statistics: Count Insertions 10 Deletions 14 Moved from 2 Moved to 2 St le chan e 0 Format chan ed 0 Total chan es 28 {00130931.DOC.} SQ.V~1 M/~RINA CI~tCLE e _~~ ww p~ WAY m v.UUEt ~ ~j ~ p Q ~ ~ ~818'OOE `e~r• 1a~ fQ Ste, zg~ii ~~s ~~~~~ ~I E , ~ r U g au 0 U ~~ ! ~ gO^ 3 ~Q ! R$ ~~ uYn~~~ i Im$d v> z ~ - i ~ ~ ~ 474 ~`~~~ I log„ ~ I ~oo~ ~ ~} ~~~+~5 I W 175.15 ~ p' i F j n 'H 75.E N1i5i 29 'NW Yi ~ ~ ~ <$ L'i ~ o z ~ ~~ ~~ ~N N: ~~o~s^~ ~ m ~~ „s d ~- i ~ a< ~ ~1i. n g( ~ ~ ~ ~ ~O g~g ~~~i "'gj~i ~gd a 2S O ~ .. ~ ~ yy~/• Z NH < ? ~ ~~ a ~ '~ °~ ` y N >> J ~ ~ ~~ ' F O j ~ a ~ ~ ~~~ ~~ ~~ ~ J O 11 ~ ~ > g$ i O to li ~~ ~ ~z~ur.6~ ~2. ~_ J ~~ ~ ~ p5 Z y~ r U °~ °Z ~~6$ag o°F ~o q~ =n ~W~ s~ W ~ ~ ~,. ~ 0 4a~4 ~ ~~ ~ -~ I- 01 ud~ S v 'y o a O a P€€~ z dog ~i ~ o F- ~ WW~~ ~ i j ~ r~ 88y ~s~`> I l ~ i ~ I o = a~ 3 ~~~a I < ~ a I ~I~ < a (' g m ~ ~ ~ So~~ ( i~ ~gjj I ~ub ~ ~~W F6C ` Z w ~ :„ ¢ ~~ ba < < I 3 4J ~< < ~ ~ ~~ ~ IW W Q M a e~ ~~~~ ~ ~ ,~~~ a~ ~~ ~ i y~y~~ ~z o K ~ F- N ~OS ~~~ly ~ ~ ~~~ Iz< iPa ~~ ~ t~~ ~o ~F ~- O YO =S ~~~mygC~ }~7°y~ ~o ~.I 9~~g°.~ ~ 'Sm I- li O .~<..? im=p C °o I ~ I &U~ ~ ~ ~'^+ Q d ~~ Q~N coo I ~ ~ mj ~ m~~ o N ~~ ~ ~~y<~`g ~~ 1 j ~y ~ ~ ~ F I < ~~F Iy ~ I w < S W m Q ~~ 8=32 ~ I_ I ~ g~~ I?> R ~~ ~ ~~a C ~ i~ $Y I~ °m ~ N~3 i ~ ,~ ~ 7~ ~ ~om~G a . i~ i~ ~ ~~= Ii`< €< ~ d a~~~ a ~ ~