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Agenda Packet 4-9-12CITY OF ATLANTIC BEACH CITY COMMISSION MEETING April 9, 2012 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of March 26, 2012 and the Special Called (Shade) Meetings of February 8, 2012, March 20, 2012 and March 27, 2012. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 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 the Monthly Building Department Report for March 2012 and List of New Businesses in March 2012. B. Declare list of property as surplus so it may be disposed of in the most beneficial way to the City. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING MAY 1, 2012, AS "JEAN RIBAULT DAY" IN FLORIDA IN HONOR OF 450 YEARS OF FRENCH PRESENCE IN FLORIDA. B. RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (Commissioner Daugherty) C. RESOLUTION NO. 12-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE MARSH PRESERVES MASTER PLAN. 1 7. Action on Ordinances A. ORDINANCE NO. 20-12-115, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. PUBLIC HEARING for UBEX -12- 00100007, request from Joan Brown, d/b /a Beaches Custom Auto Repair, for (1) a use -by- exception to operate an automotive leasing establishment (Penske Truck Rentals), as is consistent with Section 24- 111(c)(10) of the Land Development Regulations; and, (2) a use -by- exception to operate an automotive sales establishment, as is consistent with Section 24- 111(c)(10) of the Land Development Regulations, within the Commercial General (CG) Zoning District on a property located at 980 Mayport Road. (City Manager) B. Proposal to amend Chapter 5 of the Code of Ordinances, Beaches and Parks, Article III, Public Parks, Sec.5 -32, User Fees for Parks and Recreation Facilities. (City Manager) C. HVAC Retrofits for City Buildings. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney 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, April 6, 2012. 2 MINUTES REGULAR CITY COMMISSION MEETING March 26, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order /Pledge: Mayor Borno called the meeting to order at 6:33 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of March 12, 2012. Motion: Approve the minutes of the Regular Commission Meeting of March 12, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. Mayor Borno recognized and welcomed Marianne Marshall, District Secretary for Representative Janet Atkins of District 12, who was in the audience A. Proclamation — Municipal Clerks Week. Mayor Borno read the Proclamation in its entirety proclaiming April 29 - May 5, 2012 as Municipal Clerk's Week and presented it to City Clerk Donna Bartle. Mayor Borno thanked Ms. Bartle and her staff, Nancy Bailey and Dayna Williams, stating without them they would not get anything done. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Alyssa Lozano and Elena Lozano, 8029 Queensferry Lane, members of the HandsOn Jacksonville Youth Leadership Council, explained the Global Youth Service Day event that will be held at Donner Park. They explained how this event will benefit the families in the area by teaching them how to lead healthier lifestyles while helping themselves and the Earth. Genevieve Fletcher, 804 East Coast Drive, member of Dutton Island Gardeners (DIG) and HandsOn Jacksonville Youth Leadership Council, stated she is here to request the use of the Donner Community Center to celebrate Earth Day with the community of Atlantic Beach on April 22, 2012. She explained their plan is to provide healthy food and fun activities for children and families in the area, including educational booths from environmental organizations, recycling activities, yoga, decorating pots and planting lilies, etc. She March 26.2012 R EGULAR COMMISSION MEETING Page 2 explained how this event will benefit the Donner community and create a lasting impact. She asked that the Commission support this beneficial community event by waiving the fees of the Donner Community Center. Michael Hoffmann, 176 Camelia Street, addressed the Commission regarding the Marsh Master Plan stating he agrees with the recommendation of those who wrote the study of incorporating the City -owned property along West First Street into Tideviews Park. He stated we need that property to remain in its natural state and for it to remain intact and to have the natural environment there enhanced by some professionals. He also addressed the report on the new census numbers and alteration of the districts for electoral purposes. He stated there was nothing in the report regarding minority access and suggested this not be dealt with tonight because he believes the community may want to have some say on this. He stated west of Mayport Road has very little in common with the other side of the road, but there is a great deal of interaction with Donner and Jordan and they are still really one neighborhood. He believes it would be more appropriate to redraw the boundary line so Jordan becomes part of District 13S which would create a much greater possibility of a minority access. John November, 647 Beach Avenue, stated he just returned from Columbia and discussed the actions being taken there for environmental sustainability. He stated by waiving the fees for the GYSD they will be giving non - profits the opportunity to benefit the community. He stated he believes it is wise to allow people to show how they are benefiting the community in each of these presentations, which allows them to get the word out to the public and to review whether it does actually benefit the community, which could be the decision as to how things are funded. He also reported on an event he is involved with that is being held at Donner Park this weekend in memory of Mason McCloud. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 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 the Recreation Programs & Special Events Report and the Financial Report for February 2012 and the Public Works and Utility Departments Project Status Report for March 15, 2012. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED March 26, 2012 REGULAR COMMISSION MEETING Pate 3 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -07 ATTACHMENT E -6, A RESOLUTION FOR ASSISTANCE 2012 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM. Mayor Borno read Resolution No. 12 -07 by title. Motion: Approve Resolution No. 12 -07. Moved by Mark, Seconded by Daugherty Public Works Director Rick Carper explained staff is applying for a grant from the Florida Inland Navigation District for Phase 1 services, design or permitting, of three projects in the Marsh Master Plan to install a canoe launch and two marsh overviews. He stated the Florida Inland Navigation District requires, as part of the grant application package, that the Commission approve a resolution saying they support this and support funding this. He stated this application package is due at the Florida Inland Navigation District on April 2, 2012. Mr. Carper answered several questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED (This item was addressed again later in the meeting during Item 9A.) 7. Action on Ordinances A. ORDINANCE NO. 20-12-114, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -114 by title. Motion: Approve Ordinance No. 20 -12 -114. Moved by Daugherty, Seconded by Mark Mayor Borno summarized the amendments to the budget. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty asked to amend the Ordinance to include $2,500 for an initial plan and budget for Rose Park improvements with the funds to be transferred from the half cents sales tax fund. March 26, 2012 REGULAR COMMISSION MEETING Page 4 Motion: Amend Ordinance to include $2,500 for an initial plan and budget for Rose Park improvements with the funds to be transferred from the half cents sales tax fund. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty explained there is a need to get community involvement and feedback on changes to Rose Park and had asked staff to get an initial cost for a proposed plan for the park that they could take out into the community for their feedback. He stated the cost is $2,500 and he is requesting the Commission approve this. Discussion ensued. City Attorney Alan Jensen stated he has some procedural concern about adding something to a budget amendment ordinance in the second reading after they have closed the Public Hearing. He stated although it is not a substantial amount, it is a totally new item in this ordinance that may require them to start it over again with a first and second reading. Discussion ensued. Mr. Hanson suggested they withdraw the motion to include this in this budget amendment and then give staff instructions to prepare a separate budget amendment that they could bring for first reading at the next meeting just to deal with this. Commissioner Daugherty withdrew his motion; Commissioner Beckenbach withdrew his second. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno asked Commissioner Daugherty to work with the City Manager to bring this back to the next meeting. B. ORDINANCE NO. 90-12-214, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24 -151. ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -12 -214 by title. Motion: Approve Ordinance No. 90 -12 -214. Moved by Woods, Seconded by Daugherty Principal Planner Erika Hall summarized the changes to the Ordinance. She answered questions from the Commission. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Advisory to amend voting district boundaries to account for population changes. March 26.2012 REGULAR_ COMMISSION MEETING Page 5 City Manager Jim Hanson explained the voting districts were set a few years ago when the City went to district elections and now that we have the results of the 2010 census it is appropriate to make some changes. He stated Erika Hall has tried to put forth the simplest changes that would move the fewest people between the districts. He stated Jerry Holland also wants to line up the voting precincts so they are consistent with the voting districts in Atlantic Beach, so any change here would ultimately wind up changing where some people vote. He stated therefore the least confusing would be to move the least number of people and Ms. Hall has proposed one option. He stated any changes would require an Ordinance and staff is seeking direction. Ms. Hall stated this is basically a balancing act of what the population change is and what the population change is within the existing districts. She gave a slide presentation of recommended changes to the districts. Commissioner Daugherty stated he agreed with some things Mr. Hoffinann stated earlier but does not agree that 13S is separate from the rest of Atlantic Beach. He further stated he believes minority access would only come into play if people voted by district, however, he agrees with the point he made about Jordan and Donner Parks being very similar and they might want to look at how they can put both of those in the same district. He stated he would also like to see one of the other districts overlap Mayport Road as well. He stated perhaps they would look at redoing the districts in a way that accomplishes those things. Ms. Hall stated before she came to Atlantic Beach there was a Commission- appointed committee that put in hours looking at various factors that determined generally what the lines are now and she believes to look at other factors is beyond something that she, as a planner, is able to do. She stated it is very tedious going block by block, taking and giving and trying to keep neighborhoods as whole as possible and create lines of demarcation. She stated what Commissioner Daugherty is asking might require a more in depth study. Mr. Hanson stated regarding the question of minority population, and by minority he stated he is assuming they are talking about blacks, the black population in Atlantic Beach is approximately 10 %. He stated if you took every black person in this community and put them in one district, you can't have a majority district because there are not enough blacks. He stated it is a false assumption that you can move the district lines around to enable some kind of a majority black district, it just can't happen. Commissioner Daugherty stated actually what he was saying was that if it was true district representation then there could be an argument made for minority access but we have a representative type situation in Atlantic Beach. He stated this is something we only do every ten years and he believes it is important that they get it right. He stated he would like to take a close look at this and look at the goals of what they want to do as far as their representation of the area and make sure they get it right instead of just looking at something and saying it makes sense and go on with it. Mayor Borno stated what is being requested is the Commission's recommendations to staff and although they could make a decision tonight, that is not what is being called for. He suggested they have this brought back to the next meeting to give everyone who wants to an opportunity to meet with Ms. Hall and see if there are any adjustments other than what we have right now and bring that back to us at the first meeting in April. Commissioner Woods stated she previously discussed the issue of having more regularly scheduled workshops to bring up issues and the City Manager informed her that the general rule of thumb in the past was that the Commissioners kept their Monday meeting afternoons open so we could have a workshop before the meeting and she believes this topic would take one or two workshops. Commissioner Mark stated at some of the Town Hall meetings there was discussion about the district representation and possibly even adding two seats to the Commission. She asked if we are under any kind of March 26, 2012 REGULAR COMMISSION MEETING Page 6 timeframe within which to make these decisions? Mr. Hanson stated there is a timeframe but it is a long one. They need to be well up in front of the Commission's next election and he believes the City Clerk would prefer it be at least six months prior to the next Commission election, so they still have close to a year before they would have to do it. Commissioner Mark stated she is agreeable to scheduling this for a workshop or waiting until strategic planning to talk about it some more as far as whether they want to change the whole focus on what the district representation really is, whether they want it to go to true district representation, etc. She stated she would prefer they wait to talk about it some more at either strategic planning or a workshop. Mayor Bomo stated in the past there was a consensus among past commissions that they didn't schedule anything on the Mondays they have commission meetings so they could have workshops at 5:00 prior to the meeting. He stated then it was spread out to keeping all Mondays reserved as a standard thing in case there was a necessity for a workshop to come up so they could set up a workshop meeting quickly. Commissioner Mark stated she was not prepared to give staff any kind of direction at this juncture. She believes the Commission needs to have a little more open dialogue on the subject. She stated she would not know how to instruct staff at this point to do anything else until they have had a chance to look at this and consider the work that has already been done. Mayor Bomo stated he would appreciate it if Commissioner Mark would put her thoughts together so they would have an agenda for a workshop and they could gather some information ahead of time so they could have a meaningful discussion. He asked her to develop that and submit it to staff so they could work off that and everybody would get it prior to the workshop and they will have a staff report. Commissioner Beckenbach stated he agreed with Commissioner Mark on the strategic planning because during the workshops there were a number of people who were talking about the possibility of having seven commissioners. He stated if that comes into play, for Commissioner Mark to write anything up, they should at least have a discussion during strategic planning as far as which way they are moving. He stated they could start with April 7 meeting to see what might be of interest to the entire Commission and at that point they would have some more direction. Mayor Borno stated he believes they are getting the cart before the horse but they can go either way. He stated if they want to delay it until they get to the Strategic Planning, he would just caution them that they will not be able to break this down and design it in Strategic Planning; it is conceptual and they will have to work from there. He stated as it stands right now they won't mess with anything, but they appreciate Ms. Hall's work and will take it into consideration when they get into discussion. He thanked her for her time. B. Report on Animal Control Staffing. Chief Mike Classey summarized his staff report explaining the level of service that could be provided with just one ACO, what the City of Jacksonville will or will not do for us, mutual aid agreements with Neptune Beach or Jacksonville Beach and what assistance would be provided if the position was filled with a part-time person. He stated staff's recommendation is to fill the position with a full -time person. Following discussion by the Commission and Chief Classey answering several questions, Mayor Bomo stated they have an Animal Control Ordinance on the books that gives specific coverage for the citizens that they have worked very hard over the years to provide services to. He stated in that Ordinance it staffs two people. He stated the Commission is trying to micro - manage and are getting down into the nitty gritty, instead of setting policy and doing what they are supposed to be doing up here. He stated he thinks it's time to fish or March 26 2012 REGULAR COMMISSION MEETING Page 7 cut bait and he would entertain a motion to go back to fully manning with two ACOs to support the Ordinance and services that the citizens have requested over the years. Motion: Authorize the filling of the vacant ACO position. Moved by Woods, Seconded by Mark Commissioner Daugherty stated this is a matter of budget and Jacksonville Beach is twice our size and they get by with one officer and he believes we should follow suit. He stated we have to watch every dime and he would entertain looking at a part-time person. When you are having Animal Control officers literally patrolling neighborhoods looking for violations and patrolling the beach, he doesn't see the point in having two people, when every other city on the island has one. He stated he believes they should explore other options such as a volunteer program and he would be happy to help out with that. He stated if he needs to take the lead on approaching those people he will, but he was hoping staff would do that. He stated he believes they should look at all the alternatives. Mayor Borno responded it has been explained to them that if they have a part-time ACO they are only filling a certain increment and if they go to a volunteer program, they have to have a volunteer coordinator which will end up being a paid position. He stated that would be 2 %2 times people than what there is already administering what they are required to be doing by Ordinance. He stated, twist it anyway you want to, it doesn't come out equal. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 1 -Daugherty MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson asked the Commission to consider an emergency action for a major sewer repair. He explained if they do so, under the Rules of Order they will have to first vote to consider this an emergency and then vote on the repair. Public Utilities Director Donna Kaluzniak explained the needed sewer main replacement on Willow Cove. She stated the cost of the repair is $86,829. Motion: Consider this an emergency item. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Approve the repair as needed up to $87,000. Moved by Woods, Seconded by Daugherty Discussion ensued and Ms. Kaluzniak answered questions from the Mayor. March 26.2012 REGULAR COMMISSION MEE Page 8 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mr. Hanson reported the City Clerk brought to his attention that the motion for the Resolution for the FIND application did not include authorizing the City Manager to sign the application so it will need to be amended to add that. Motion: Amend motion to approve the Resolution No. 12 -07 to add Authorize the City Manager to sign the application for the Florida Inland Navigation District Waterway Assistance Program grant. Moved by Beckenbach, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mr. Hanson reported on the new electric Volt purchase for police usage which was made possible by the Federal Energy Grant. He distributed a report on organizational review to the Commission for their review prior to strategic planning. He stated he did not intend to go into details tonight but wanted to get it to them due to a request to get the information distributed before strategic planning. 10. Reports and /or requests from City Commissioners and City Attorney A. Appointment to the Board Member Review Committee. Mayor Borno explained there was a correction, stating this is actually Jim Smith's second term so he is not eligible for reappointment. He stated they need to appoint one member and he can make a recommendation or they can have a more defined review of the candidates. Commissioner Daugherty suggested nominating Rita Pierce. Mr. Hanson explained that according to the Resolution this is written as the Mayor's appointment subject to Commission confirmation. Mayor Borno stated he would nominate Ms. Pierce. Motion: Appoint Rita Pierce to the Board Member Review Committee for a two -year term beginning March 28, 2012 and ending March 27, 2014. Moved by Mayor Borno, Seconded by Daugherty Commissioner Woods stated, in reviewing the Ordinance related to the Board Member Review Committee, it states people on this particular board should have a lot of board experience and experience working in groups because they are assessing the people who will be on the boards. She stated in looking at Rita Pierce's resume she does not believe Ms. Pierce has the appropriate experience to be on the Board Member Review Committee that the Ordinance calls for. Discussion ensued related to Ms. Pierce's experience and qualifications. March 26 2012 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno asked the City Clerk to prepare a letter to Ms. Pierce. B. Request for waiver of park use fees. Commissioner Mark stated, as discussed earlier by Genevieve Fletcher, they have requested we waive the fees for the Global Youth Service Day event on April 22 from noon — 6:00 p.m. She stated she spoke to Ms. Fletcher about this because the Commission doesn't want to set a precedent for waiving fees arbitrarily just because it is a non - profit and explained to her it is more important that they told the Commission about what the direct benefit that Donner Community Center and the neighborhood would reap on the long -term basis by having this event and believes they did an excellent job in relaying that during the public comments section. Motion: Waive the Donner Community Center fee for the Global Youth Service Day event with the caveat that they leave the center in a clean and orderly condition. Moved by Mark, Seconded by Woods Mr. Hanson stated he believed they also wanted to have the park use fees waived. He stated the Donner fee is $107 and the park use fee is $26.75. Motion: Amend to include the park use fees. Moved by Mark, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Beckenbach stated the last time they waived the fees was for a fishing tournament that was going to benefit the Dutton Park area and was to get community involvement with the Dutton Park. He stated he also asked Ms. Fletcher why they should waive the fees. He stated if they waive the fees for every not -for- profit it would be a substantial amount of money. He stated his consideration is whether or not there is something for the community that is being taught and believes they did an excellent job on explaining what they were going to do and how they were going to use this event to educate youth and have youth involvement and community involvement. He stated he doesn't have a problem with waiving the fees for something like this but he doesn't want it to set a precedent unless they are looking at something that is going to be educational and beneficial for the park and community at that point. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno agreed they should not be setting a precedent and believes this is something they need to put in writing with the assistance of the City Attorney so they can have a parameter established so these requests either meet the criteria or they don't. March 26 2012 REGULAR COMMISSION MEETING Page 10 City Clerk Bartle • Thanked the Mayor for the recognition earlier. She stated she has some good staff she also wanted to thank. She stated she appreciates the support of the Commission in allowing her to further her education. Mayor Borno stated she has done well since she arrived here and has gone to a lot of educational things. Commissioner Daugherty • Stated Ms. Bartle is the best City Clerk he has ever worked with. He stated anytime he has ever asked for anything she has been right on top of it and he doesn't know if everybody realizes the hours she puts in but it is greatly appreciated. • Said he has received a lot of feedback from citizens regarding the City Manager being a voting member of the Board Member Review Committee and questioned whether this should be independent of City management. Mr. Hanson stated that would require amending the Resolution that set up the committee. He stated he believes he was originally put on there simply because of his knowledge of what the boards and committees do. Commissioner Beckenbach Recommended that the Commission be able to interview members of the BMRC in the future. Agreed they should consider having another citizen on the committee and not the City Manager and recommended having the qualifications /criteria for all boards and committees be written so the Commission will know what type applicant they are looking for. Commissioner Woods Also thought it should not be the City Manager on the BMRC but rather than another citizen, she suggested adding another Commissioner on a rotating basis. Agreed they should have a few things in place when development starts up again so they will be prepared for it. She stated in the City's development code they went through a huge FAR issue a few years ago and adopted design guidelines for the community to use and at that time she felt uncomfortable with it because it is kind of reminiscent of gated communities, stating these are the only architectural elements you can use. She stated at the time she wanted to offer an option to either go with the design standards or to follow the FAR guidelines. She stated this may be something they want to consider in the future. Regarding the marsh design, they discussed having more picnic benches, etc. around the DOT pond but it seems to her it is an opportunity to have more play equipment for kids in the neighborhood. Stated Donna Bartle does a phenomenal job. Commissioner Mark • Stated she appreciates the job Donna Bartle does for the City and the Commissioners, as well as Nancy Bailey. She stated what they do is so much appreciated and underestimated as far as the time and energy that it takes to do their jobs as well as they do. • Pointed out that under the Resolution regarding the Commissioner appointment and term on the BMRC, it is a one -year term. She believes Jim Hanson's institutional knowledge is very valuable in that selection process and they might want to consider him being a non - voting member. • Reported on the letter from Councilman Bill Gulliford on the ferry issue. She stated he is asking us as a City to consider discussing any possible future funding they could look at for the ferry. • Announced she has resigned from the ferry task force due to time constraints. March 26, 2012 REGULAR COMMISSION MEETING Page 11 Mayor Borno • Thanked Commissioner Mark for the time she has put in on the ferry task force. He also thanked Commissioner Woods. • Thanked Donna Bartle, Nancy Bailey and Dayna Williams, stating they do their job and do it with smiles. He stated sometimes that is extremely difficult when dealing with the public and the Commission. He stated they set a good standard. • Stated strategic planning is scheduled for April 7 and 21. • Regarding FAR and the design guidelines, he stated when they approved the FAR, the design guidelines were suggested ways that you could do the FAR and it was not held rigid. Mr. Hanson stated it is not a code requirement. Mayor Borno stated when they come in with their plans as long as they meet the building construction, FAR, and our ordinances, there is no difficulty. Ms. Hall stated FAR was taken out a couple of years ago. Commissioner Woods stated there is still the third story requirement of it not being as large as the other floors. She stated there are some definite requirements associated with the design elements. Mayor Borno stated the staff could review them. Commissioner Woods stated it is just giving a choice to either go by what they adopted or to go by the FAR and it was really just a simple choice. Mayor Borno asked the staff to give a staff report if they see if there is a conflict with what the discussion has been tonight and their thoughts. • Regarding Councilman Gulliford's letter he would like to consider possible support of the ferry financially and would entertain asking staff to come back with a resolution saying we are willing to support consideration of possible funding. He stated that is not committing that we are going to do it; we have to have the funds and they have to find out what they need. He asked the Commission if they were agreeable to this. The Commission did not agree to this. • Regarding the recommendation brought up about implementing the Rules of Order, Rule #4, he stated it is easy for him to keep up with. He asked for consensus whether they wanted to tighten up. Commissioner Daugherty stated he enjoys the conversational tone this Commission has and believes they have been able to work through things. He believes they have all been respectful of each other and during the times things have gotten out of hand, the Mayor has the gavel and isn't afraid to use it. He believes things are fine as is. Mayor Borno stated the one thing they will tighten up on is not interrupting. He stated if someone has the floor, they have the floor. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:40 p.m. Mike Borno Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 8, 2012 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager John Dickinson, Labor Attorney The Mayor called the meeting to order at 4:56 p.m. in the City Hall North Conference Room with Commissioners Beckenbach, Mark, and Woods present. Commissioner Daugherty was absent from the meeting and driving so he called in on his phone at 5:05 pm and stayed on the phone until he arrived at the meeting at 5:45 pm. He stayed at the meeting until it was adjourned. The meeting was held for the purpose of discussing matters related to Union negotiations with the Coastal Florida Police Benevolent Association, Inc., (BPA) and the Northeast Florida Public Employees Local 630 "Blue Collar" Unions. The meeting was adjourned at 7:04 pm. Mike Borno Mayor /Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 20, 2012 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director John Dickinson, Labor Attorney The Mayor called the meeting to order at 4:58 p.m. in the City Hall North Conference Room with Commissioners Beckenbach, Daugherty, Mark, and Woods present for the purpose of discussing matters related to Union negotiations with the Coastal Florida Police Benevolent Association, Inc., (BPA) and the Northeast Florida Public Employees Local 630 "Blue Collar" Unions. The meeting was adjourned at 7:54 pm. Mike Borno Mayor /Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 27, 2012 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark- Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director John Dickinson, Labor Attorney The Mayor called the meeting to order at 5:02 p.m. in the City Hall North Conference Room with Commissioners Beckenbach, Daugherty, Mark, and Woods present for the purpose of discussing matters related to Union negotiations with the Coastal Florida Police Benevolent Association, Inc., (BPA) and the Northeast Florida Public Employees Local 630 "Blue Collar" Unions. The meeting was adjourned at 7:05 pm. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk AGENDA ITEM # 4A APRIL 9, 2012 N � CD N 04 W C4 Cl) N Z D O O O�MtNON r M O O U LL w G ... X w — W a �� 0. -- -- — J O ~ J Q U Z N L o Q N ~ O V W r a+ N N N co >- d Z rn�v� m Q = c.i _ m ` °� N �LL� Z mw J amm Wv_� _ oW aZ i r M tip w o ° ° , ° o 0 0 0 0 0, 0 0 0 0 c o- 0 0C = a o a)M �r- oo a r N N N Z ti N M N M In (O 00 O lA N l0 O) 00 li N N LL Q Cl) 643� D us 6& � U V U. I"' Q T = Z O O W O r O O C C 0 0 0 0 0 0 O O J li 40 N o 0 04 0 0 0 o W o In 0 00 0 _ O 0 M C-4 " N 0 00 N ~ � t7' tC LL W �y O N N 0 NNt00000 0 0 0 0 0 0 0 LC! 0 0 0000000 0 0 0 0 0 0 O C� A LL a Q 00 N O 1� 00 N V O ItlOM�NlpN00N N Cl) V M N 4 W LO M 00 O h N CA O O O O V O w NN��O� N � N O N h N le O h h O h W_ o— N N CO) N L C G C C t!} t!} t!} !A EA U V � � M I— O 0 ~ f' V U. V N W w Q N a O t 69% 6& 40 69% 6106& 69%6& 6& 61). 69. 6& 16& 6& 6& 6& 6& 6& a N z' W o poti0 U) oc c-4 a J w a. LL W N 0 0 N N 0 Cl) N 0 M M M N lO M Cl) N m O a CD Z ~ Qz O O O LL tn� Z O� U ~ O W ?QWQJ N LLaN Q> J_ G J Q O Z W Z a �L Qa J �L WQaJQ J Q J U OZ W to 0O_ V W ZLL Q ]U CQjUt�(9 W � �. LL W� LL 4. Z�U�fn - W ~�QQm?0_ ZZZO�� W Q W Q JWU JO W JpW aM W = =2� =Q U W U) JZ (D t Z = O�rn��wUU ZW U =Ozm? vz >O- L1.1 CL rnowUO =WOF- v�z�UUUaw22CLW W OOOWJwwJO -W aWa0CL W WU W0WFROI2 LL oatn AGENDA ITEM # 4A APRIL 9, 2012 PREPARED 4/02/12, 8:00:53 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEAR: 2012 BETWEEN: 03/01/12 TO 03/31/12 PROGRAM OL122L - DEPT: ALL':DEPARTMENTS CLASS: ALL CLASSES ----------------- - - - -- ----------------------------------------------------------------------------------- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS -------- ------ -- ^___ - -- ------------------------------------------------------------------------------- BUS PHONE # 12- 00007506 AMELIORATIVE MASSAGE 3/22/12 NEW MASSAGE ESTABLISHMENT 535 ATLANTIC BLVD'531 904- 416 -6633 ATLANTIC BEACH FL 32233 12- 00007507 AMELIORATIVE MASSAGE 3/22/12 NEW MASSAGE THERAPIST 535 ATLANTIC BLVD 531 904 - 416 -6633 ATLANTIC BEACH FL 32233 12- 00007498 AMY GRASS- GILMORE,P.A. 3/13/12 NEW ATTORNEY FIRM /CORPORATION 305 COUNTRY CLUB IN 904- 742 -2517 ATLANTIC BEACH FL 32233 12- 00007499 AMY GRASS- GILMORE,P.A. 3/13/12 NEW ATTORNEY 305 COUNTRY CLUB IN 904 - 742 -2517 ATLANTIC BEACH FL 32233 12- 00007500 COASTAL CITY PROPERTY MANAGEME 3/13/12 NEW REAL ESTATE AGENCY 529 ATLANTIC BLVD 904 - 249 -7003 ATLANTIC BEACH FL 32233 12- 00007501 COASTAL CITY PROPERTY MANAGEME 3/13/12 NEW REAL ESTATE BROKER 529 ATLANTIC BLVD 904 - 249 -7003 ATLANTIC BEACH FL 32233 12- 00007505 FULL CORE, LLC 3/22/12 NEW INTERNET SALES 60 OCEAN BLVD UNIT 6 904 - 993 -9900 ATLANTIC BEACH FL 32233 12- 00007515 PHILLIPS BUILDERS, LLC 3/30/12 NEW BUILDING CONTRACTOR (FIRM /CORP.) 1250 SELVA MARINA CIR 904 -349 -2999 ATLANTIC BEACH FL 32233 12- 00007516 PHILLIPS BUILDERS, LLC 3/30/12 NEW BUILDING CONTRACTOR 1250 SELVA MARINA CIR 904-349 -2999 ATLANTIC BEACH FL 32233 12- 00007503 R.M. HAMIL ENTERPRISES, INC. 3/13/12 NEW MISC. CONTRACTOR, OTHER THAN LISTED 160 11TH ST 904 -631 -6268 ATLANTIC BEACH FL 32233 12- 00007496 SUNCOAST INDUSTRIAL & CONSTRUC 3/1.3/12 NEW BUILDING CONTRACTOR (FIRM /CORP.) 459 WHITING IN ATLANTIC BEACH FL 32233 12- 00007497 SUNCOAST INDUSTRIAL & CONSTRUC 3/13/12 NEW BUILDING CONTRACTOR 459 WHITING IN ATLANTIC BEACH FL 32233 12- 00007504 THE LEGAL MAINTENANCE ORGANIZA 3/22/12 NEW INSURANCE COMPANY 60 OCEAN BLVD UNIT 6 ATLANTIC BEACH FL 32233 12- 00007511 WATSON REALTY CORP 3/27/12 NEW SOLICITATION, DOOR TO DOOR OUTSIDE CITY* ATLANTIC BEACH FL 32233 GRAND TOTALS AC: PP: IN: V0: PG: BR: OB: UC: LIC: NEW LICENSES 12 2 0 0 0 0 0 0 14 904 -662 -3262 904 - 662 -3262 904-723 _ 5661 904 -241 -3800 5f r'�5a1 .. 1' ��', Y i �� , lu i• � k ' � t' � � '.�' �'1 r� ��}. � r 5 s "' �• y �� - �JJ Y�fSi P ��.��kk!�r+ •�rll�l'iyin ��; ,��i.,�,r ,. �i� -r•• : r; .i: {�,, 1�: -� •.�• 5 w t iy ._'��,�,��...:� i; ■,,, F ,1r +�i r�..l 5 ] 5.�}1 ; f• "' h AIL t 6'.: �.. {, n'•i � ''�.'� • ti jF.� f,i:l� , a � 7 #. ih�.� �`�F1� .. r�' i :9� - ; � ", is -i °, s.'� i 4 . y � !Z' �1: �' �s: ri .,� �:' 4• , � .r: + :, FF - s'° 'w: {,.-_ :' - n 5 �:+r 7.1 . •I �: r! �: SG '1 a �r • i � #�t �:ti��' e' , 50-u :��`�-- [�I' f'jrci�ir rF'� -.:, �'e;�i� :ir � F -'�J F4 • � }�: ��' -�i F.i '.[ .,� r • •.ii F .P :K ;�74 "' is ;, i;c.4��' - � =n+ �k•' i`� i. d lI ��'}"�1ya�- .R l' � s �� 41 i fs ' ' � �� •• ��i �+5 � � - -tea . � _ _ _ _ - i.i7i7ii:>�''�i L - '_ �f� iy�A�i:�1��'I�rt.t__. _ _ _ - _ - IF wp qp 04/03/12 CITY OF ATLANTIC BEACH LIST OF ITEMS TO BE DECLARED SURPLUS AGENDA ITEM # 413 APRIL 9, 2012 As of 04/02/12 DEPARTMENT I DESCRIPTION Police 12002 Ford Explorer AGENDA ITEM # 4B APRIL 9, 2012 W U � cd �] N Q i U A O� U � r� U � N N U O H R N N U N � N � � N W t i ' cd O Q Q � U a� Q Q 7d N � � � � w a3 N H � M N � O r- M ww� •° Q N 7d O r. O 'd Q 'd 'd cd 'd N O 'b w 78 O 'd Q. 'd N b Cd 7d N N U C�3 o U cd U O a� I � U H w Q a� a Q � W Q Q � Q o Cd N O x � Q C�3 U Q w U AGENDA ITEM # 6A APRIL 9, 2012 RESOLUTION NO. 12 -06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING MAY 1, 2012, AS "JEAN RIBAULT DAY" IN FLORIDA IN HONOR OF 450 YEARS OF FRENCH PRESENCE IN FLORIDA. WHEREAS, on April 30, 1562, under the command of Jean Ribault, the first French sailing expedition dropped anchor along the North Coast of Florida at the mouth of a river that he later named River May and that has since been renamed the St. Johns River; and WHEREAS, on May 1, 1562, upon setting foot on the banks of the St. Johns River and upon offering a prayer of thanksgiving for their safe arrival, Ribault developed friendships with the Mocama- speaking natives; and WHEREAS, on May 2, 1562, Ribault and his men erected a column in honor of their King, Charles IX, thereby claiming the land for France; and WHEREAS, La Caroline, the first French settlement in the present -day United States, was established for the purpose of individual and religious freedom in what is now Jacksonville on June 22, 1564, under the leadership of Rene Goulaine de Laudonnidre, as a result of a second French sailing expedition; and WHEREAS, France has established a long - lasting relationship with Florida through its trade, cultural, and education organizations; and WHEREAS, twenty Floridian and French cities and counties have signed agreements to promote cultural and commercial ties and more than 50 partnerships between Floridian and French universities are currently in place. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach that May 1, 2012, is designated as "Jean Ribault Day" in honor of 450 years of historical bonds and friendship between the people of France and the people of Florida. PASSED AND ADOPTED by the City Commission, this 9 1h day of April 2012. MIKE BORNO Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BARTLE, CMC City Clerk AGENDA ITEM # 6B APRIL 9, 2012 RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, a Board Member Review Committee was created by the Mayor and Commission by Resolution 05 -04 adopted on April 11, 2005 and amended by Resolution 06 -03 which was approved on February 13, 2006, to review applications and make recommendations for the appointment and reappointment of members to the city's Boards and Committees, and WHEREAS, has beeft iden4ified by the City Attemey whieh has resulted in a need to amend sever-at provisions r-elating to the member-ship of the Board Membet! Review Commiaee it is desirable to replace the City Manager as a member on this Committee with another citizen member.— NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows; SECTION 1. Creation Resolutions 05 -04 and 06 -03 of the City of Atlantic Beach creating and amending the BOARD MEMBER REVIEW COMMITTEE shall be further amended as follows. SECTION 2. Purpose The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees including requesting applicants to consider other boards or committees than those that they originally applied for, to review and consider available applications when vacancies occur, to consider recommending existing board and committee members to an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill those vacancies. SECTION 3. Membership There will be a total of six(6) members on this Committee. The first member will be one of the sitting City Commissioners, who shall serve as chairman of the Committee, shall serve a one -year term and will be eligible for additional terms. Each one -year term for the Commissioner shall begin on December 1St. This member shall be appointed by the Mayor and be subject to the approval of the commission. The City M anager- w ill atAemafieally be a member- and -` will :e___,._.. member ° °' ^ ^^ as °mrt ^ ° ° a by the Q*• . The second, third,, and fourth members shall be citizens of Atlantic Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members shall have backgrounds or experience in committee work or human resources. The citizen appointments shall serve two -year terms which will be staggered and be eligible to serve a second two - year term. The fifth member will be the chairman of the board or committee for which vacancy or re- appointment is currently being considered. They shall serve only for those meetings where membership on their board or committee is being considered. The City Clerk who shall serve as a non - voting member and perform all necessary administrative duties. SECTION 4. Duties and Responsibilities AGENDA ITEM # 613 APRIL 9, 2012 (a) Review available applications for vacancies on city boards and committees and interview applicants as the Committee determines necessary to make informed recommendations. (b) Receive input on the needs of the boards and committees that have vacancies for consideration as to the geographical, professional and philosophical balances needed so that each of those boards and committees can successfully accomplish their intended purposes established by the Mayor and Commission. (c) When a reappointment is being considered, solicit and receive input from the Chairman, members or the staff liaison of the board or committee where the vacancy has occurred, or others on the appointee's past record of service including, but not limited to, attendance, preparation and overall contribution to the board or committee. (d) Make recommendation(s) to the Mayor on appointments or reappointments to the city's boards and committees as set forth in the Charter of the City of Atlantic Beach. Recommendations shall be in the form of committee minutes along with copies of any applications of all candidates interviewed. (e) Make additional recommendations for membership if the Mayor does not approve the original recommendation for appointment. SECTION 5. Meetings and Notice The meetings of this Board Member Review Committee shall be set at regular times and will be open to the public as well as to the other city elected officials although non - members of the Board Member Review Committee shall only observe and not be active participants in the meeting. A notice of meetings shall be provided in accordance with state law. Additionally, copies of the applications for appointment shall be transmitted to the Mayor and Commission prior to any meetings where interviews will be conducted and in the city commission agenda packet. SECTION 6. Effective date This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this day of , 2012. ATTEST: DONNA L. BARTLE City Clerk Approved as to form and correctness: MIKE BORNO Mayor ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM # 6C APRIL 9, 2012 RESOLUTION NO. 12-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE MARSH PRESERVES MASTER PLAN WHEREAS, the City of Atlantic Beach has, over time, acquired land along the Intracoastal Waterway, and WHEREAS, the City has indicated, in management agreements, deed restrictions and conservation easements that these lands should be managed and protected, and WHEREAS, the City has indicated the desire to increase public access to the marsh, Intracoastal Waterway (ICW) and other natural areas for resource -based recreation, while protecting the natural environment, and WHEREAS, the Mayor and the City Commission have identified as a priority, through the annual Strategic Planning Process, the development of a Marsh Master Plan, and WHEREAS, the City has conducted an extensive public outreach program to gather public input which has resulted in considerable public support for the Master Plan, and WHEREAS, the proposed Master Plan has been presented to the City Commission at two public workshops, and WHEREAS, the City has requested grant funding from the Florida Inland Navigation District to begin design and permitting for the first phase of capital improvements recommended in the draft master plan, NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, that the Marsh Preserves Master Plan be approved and adopted, and staff authorized to begin planning and execution of the plan recommendations. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Atlantic Beach City Commission at a legal meeting held on this 9th day of April 2012. MIKE BORNO Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk AGENDA ITEM # 7A APRIL 9, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 20 -12 -115: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. DATE: April 3, 2012 SUBMITTED BY: Nelson Van Liere, Finance Director BACKGROUND: The City Commission requested an ordinance be placed on the April 91h agenda to add funds to prepare a preliminary plan and cost estimates for the redesign and expansion of Rose Park. The City received a donation of $6,970 from the Beaches Veterans Memorial Park and we expect an additional contribution of $3,500. These contributions are to be used for the final architectural design services for the Chaplains Memorial Garden. BUDGET: The total impact of this ordinance is an increase of $12,970 ATTACHMENTS: ORDINANCE NO. 20 -12 -115 RECOMMENDATION: Approve Ordinance No. 20 -12 -115 CITY MANAGER AGENDA ITEM # 7A APRIL 9, 2012 ORDINANCE NO. 20-12-115 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the city is amending the budget to add funds to prepare a preliminary plan and cost estimates for the redesign and expansion of Rose Park, and WHEREAS, the City is amending the budget to provide additional funds for the final architectural design services for the Chaplains Memorial Garden. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2011/2012 Budget to be amended as follows: GENERAL FUND Expenses: Public Works - Administration Professional Services $2,500 Fund Balance <$2,500> GOVERNMENTAL CAPITAL PROJECT FUND Revenues: Contributions and Donations $10,470 Expenses: Capital Outlay Park Improvements $10,470 Fund Balance: $ 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of April 2012. Passed by the City Commission on second and final reading this day of April 2012. AGENDA ITEM # 7A APRIL 9, 2012 Mike Borno, Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire, City Attorney Donna L. 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Used automobiles maintained on -site for sale shall be parked / displayed in the northeast corner of the property, nearest the intersection of Mayport Road and West 10` Street; 3. Customer parking shall be located along the south property line, to the east of the existing building; and, 4. Detailing activities shall be located to the rear of the lot. ATTACHMENTS: Draft CDB minutes (March 20, 2012), UBEX application, images & site plans. REVIEWED BY CITY MANAGER: April 9, 2012 regular meeting Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 2 3 4 5 6 7 8 9 10 11 J S AGENDA ITEM # 8A APRIL 9, 2012 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD March 20, 2012 1. CALL TO ORDER. — 6:00pm Vice -Chair Kirk Hansen verified presence of Kelly Elmore, Kirk Hansen, Harley Parkes, Pat to order at 6:00pm. Chair Chris Lambertson were Principal Planner Erika Hall, Redevelop Michael Griffin, and City Attorney Alan Jerisez 12 2. ADOPTION OF MEETIN 13 Mr. Hansen called for a motic 14 Ms. Paul said that she had one 15 line 15 of page 1, in which 16 correction. 17 MOTION Mr Elmore moved to ap 18 meeting, witli the';correction of�Line 19 Burgess, and carried;by a vote o£ 6 -0. 20 3. 21 22 4. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 5. N Susan Cohn to the Board. A. UBEX 12- 00100007 APPLICANT: Brown dba Beaches Custom Auto Repair ADDRESS': 980'Mayport Road REQUEST: +,Request for (1) use -by- exception to operate an automotive leasing establishment, and (2) use -by- exception to operate a used automotive sales establishment, both of which are consistent with Section 24- 111(c)(10) of the Land Development Regulations, within the Commercial General (CG) zoning district on a property located at 980 Mayport Road Ms. Hall introduced the application and explained the applicant, Joan Brown, currently operates Beaches Custom Auto Repair, offering automotive servicing, minor repairs and detailing on the subject property. However, Ms. Brown has recently secured a Penske Truck Leasing franchise and wishes to operate that business from the same location, and she has indicated that she is in the process of obtaining a dealer's license and would also like to operate a small used car dealership there. rum with'the attendance of Jason Burgess, ratton, andBrea Paul and called the meeting the meeting at 6 :05pm. Also in attendance Coordinator Susan Colm, Building Official ;S - FEBRUARY 1, 2012. the minutes of the February 1, 20ff special meeting. request, statg,,that there was a typographical error in s'�; should read "Mr. Burgess ". Ms. Hall noted the prove, and adopt th' jmmutes of the February 1, 2012 special 15, Page L -'as discussed The motion was seconded by Mr. Page 1 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular ineeting of the Community Development Board 40 Ms. Hall noted that both automotive sales and leasing establishments are listed as permissible 41 uses -by- exception, according to Section 24- 111(c)(10), so long as they are found to be 42 consistent with the commercial intensity, and compatible with other commercial and 43 residential uses in the vicinity. City archives indicate the subject property has at least a thirty- 44 year history of automotive uses including sales and repairs. 45 Applicant Joan Brown addressed the Board and explained how her current uses and intended 46 uses are complimentary and address a need of the transient military community. She 47 described the current layout of the lot, including improvements already made and the 48 intended location of the proposed uses. She noted thdi Penske trucks are well maintained, 49 both mechanically and in appearance, and that otherahan one or two smaller trucks parked 50 south of the building, all others would be parked to tho,rear of the lot. 51 Mr. Lambertson thanked Ms. Brown for her comments arid, opened the hearing to public 52 comment. With there being none, he closed that portion of the hearing and opened discussion 53 to the Board. Mr. Lambertson asked '. what current business'was, to which Ms. Brown 54 replied minor repair and service, and detailing. 55 Building Official Michael Griffin asked if ;could provide clarification on her plan, 56 stating that he believed all detailing should be'withrri ari enclosed building of'at the rear of the 57 property and behind some sort of opaque privacy fence. Ms. Brown reviewed the submitted 58 sketch, noting that detailing actiyrtres'atecurrently located in the front (northeast) corner of 59 the property, adding that she was`not committed to the'site -,plan as submitted, but was flexible 60 and intended to, fully. comply with whatever needed to be done., 61 Mr. Grrffm b" to an area on the srte.plan �de'signated for five used car sales, and said 62 this should be "the maximum number allowed. Ms. Brown replied that there would probably 63 be only two to three at any given time, due to her desire to keep overhead low, but there 64 might, be times when four'or Od -were available. 65 NTr. Griffin in red about the area(§) designated for Penske truck parking, noting the 66 ,> ,applicant showed.three small trucks to be parked at the southeast of the building. He asked 67 `about the size of those trucks; to which Ms. Brown responded they were 12' -16', and she 68 Maned to park one or two alongside the building to increase visibility so that patrons could 69 easil iThid the location for rental`Nek -ups and returns, but the remainder would be parked to 70 the rea�o f the lot. N49 Griffin responded that he would agree to there being one small truck 71 parked in4 front ara'ddiacent to the building. 72 Mr. Lambertson suggested that the restrictions just stipulated by Mr. Griffin warranted 73 another solicitatiori:of public comment, but with there being none, he once again returned the 74 discussion to the Board. 75 Mr. Burgess asked if Ms. Brown had an automotive sales license. Ms. Brown replied that she 76 had been studying for the required class and exam. However she said she had not yet 77 registered primarily because she is committed to operating her existing business at this 78 location, and she did not want to invest a great deal of money into something that would not 79 be approved. 80 Mr. Elmore noted the on -site billboard and asked if the applicant received income from 81 leasing the billboard, and Ms. Brown replied that the owner, Ray Corbin, did. Mr. Elmore 82 then inquired about on -site improvements, and Ms. Brown explained that she had done some Page 2 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 83 planting, both in ground and in moveable pots, and that she plans to put in a groundcover 84 along the street -side boundaries, such as a low -lying lantana. Mr. Elmore recommended a 85 low shrub that would better define the edge, and he suggested display of vehicles for sale in 86 the northeast corner, nearest the intersection of Mayport Road and West 10 Street, would 87 result in the best visibility. 88 Mr. Parkes said that he supported sprucing up the property, but asked if it was reasonable to 89 come up with a guideline applicable to just one merchant when the City is about to undertake 90 a review of uses which would include development standards particular to a use. Mr. Burgess 91 agreed, noting the applicant would likely have to coma into compliance with a new set of 92 guidelines or regulations in a year. Mr. Parkes remarked it would be better to make 93 suggestions as to improvements, but make compliance upon the outcome of the 94 impending use review. 95 Mr. Stratton asked for clarification as to the ii4act the automotive sales moratorium enacted 96 on March 12 would have on this ap °hcation. Ms. Hall responded that the moratorium 97 resolution contained specific languagethat exempted any application that was already in- 98 process, and Ms. Brown's application pre dated the moratorium by more than one month, and 99 would have been considered at the February ireetmg of the Community Development Board, 100 but it was cancelled due to 1ac$.of quorum. Mr. Lambertson called for a motion regarding the 101 request for automotive leasin 102 MOTION: Mr. Burgess movedlthat the Board recominei d,to the City Commission approval 103 of the request for ,a use - by - exception to allow _ the operation of an automotive leasing 104 establishment ' as';" , is consistent with Section 24 1 of the Land Development 105 Regulations; Within the Commercial General�zoniAg district on a property located at 980 106 Mayport Road ,, subjectao the following conditions" ( #1) No more than one (1) small 107 Penske truck shall-,be parked to the south southeast of the existing building, being the front of 108 the lot facing Mayport Road, while.. all others are to be parked towards the rear of the lot. ( #2) 109 Detailing aetjvities shall;'be located fo the rear, of the lot. Mr. Hansen seconded the motion. 110 Iv1i. Lambertson asked :if, Mr. Burgess and Mr. Hansen had intended to include the 111 ;; and screening conditions as "discussed as, and Mr. Burgess stated that he had 112 p iiposely excluded those conditions from this motion, and Mr. Hansen concurred. With there 113 being no further discussion, the notion carried unanimously, 7 -0. 114 Mr. Lamliertson then called for a motion regarding the request for automotive sales. 115 MOTION: Mr ; Hanseit'moved that the Board recommend to the City Commission approval 116 of the request fora use -by- exception to allow the operation of a used automotive sales 117 establishment as'`�� s consistent with Section 24- 111(c)(10) of the Land Development 118 Regulations, within the Commercial General zoning district on a property located at 980 119 Mayport Road, and subject to the site plan, as discussed and verbally agreed to by the 120 applicant, and the following conditions: ( #1) The number of used automobiles maintained 121 on -site for sale shall be limited to a maximum of five (5); ( #2) Used automobiles maintained 122 on -site for sale shall be parked / displayed in the northeast corner of the property, nearest the 123 intersection of Mayport Road and West 10 Street; ( #3) Customer parking shall be located 124 along the south property line, to the east of the existing building; ( #4) Detailing activities 125 shall be located to the rear of the lot. Mr. Parkes seconded the motion. There was discussion 126 as to whether or not landscaping requirements should be specified, and again finding that this 127 issue was up for address by the City Commission, and any additional requirements not 128 already specified could be deemed as arbitrarily applied to the applicant, it was the consensus Page 3 of 8 AGENDA ITEM # 8A APRIL 9, 2012 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board of the Board to not included specific landscape requirements as a condition of this recommendation. Rather, as stated by Mr. Elmore, Board members agreed that whatever development and design guidelines were adopted by the Commission in the near future would be applicable to all merchants along Mayport Corridor, and all would have to demonstrate compliance within a given length of time. With there being no further discussion, the motion carried unanimously, 7 -0. B. ZVAR -12- 00100010 APPLICANT: Franklin for Harkleroad ADDRESS: 2019 Beach Avenue REQUEST: Request for (1) variance detached accessory strucj of the 600 square foot ISI(b)(I)d &e to reduce tl southern portion ofthe garage, from five," (S)� fee, portion being limited, in from Section 24- 151(b)(,� yard setback for the nori ten (If feet to four an (ground f the Resid located at fronvSection 24- I5I(b)(1)d to allow a single ure of approximately 872 square feet in lieu inaxiininm, `, (2) variance from Section 24- e required mihimunt rear yard setback for the accessory structure, to be used as a detached t to three and one tenth (3.1) feet, with such height to fifteen (IS) feet; and, (3) variance !)d &e tQ reduce the required minimum rear here portion of the accessory structure from 1 seveh- tenths (4.7) feet, such portion to be feet, and used as a detached garage quarters'above on the second floor, all within ?amily (RS =`2) zoning district on a property Mr. Lambertson disclosed' that Mr. T6: n, wfio, would be representing Mr. Harkleroad in this matter.;has done work in the pdst,;and is currently doing work for Mr. Lambertson. Also, Mr. Lambertson said' he did receive a call from Mr. Franklin to discuss the prior vanance.,apphcatron(s) of.Mr Harkleroad Mr. Lambertson stated that he has no financial mtet'est m the, Harkleroad`` "request, but he requested the opinion of City Attorney Alan Jensen rezardinii his need to recuse himself W Jens - en said there was no need to do so. Ms. Hall provided;a, summary of the events leading up to this variance request, and then described the proposed actions' 4he applicant as follows: (1) The connection that had been mad4,,between the original prima "structure and the original one - story, two -car garage would be removed, and the area that formerly served as a breezeway between the two would be restored Thts.wouId effectively return the primary structure to compliance with required rear yard setbacks, (2) The original one - story, two -car garage which had been re- oriented from a southern entry a v✓estern entry, and increased from a one -story structure to a two -story structure would ''remain as currently constructed, minus the connection to the principal structure. As constructed, the southwest corner of this structure is four and seven - tenths (4.7) feet from the rear property line, and thus requires a variance of five and three- tenths (5.3) feet from the required rear yard setback for a detached accessory structure limited to twenty -five (25) feet in height; (3) The new two- story, one -car garage constructed to the south of the original garage would remain, but be reduced to one- story. As constructed, the southwest corner of this structure is three and one -tenth (3.1) feet from the rear property line, and thus requires a variance of one and nine - tenths (1.9) feet from the required rear yard setback for a detached accessory structure limited to fifteen (15) feet in height; and, (4) The two garage structures would be a connected on the lower level, making them into a single detached accessory with a combined area of approximately eight hundred seventy -two (872) square feet, in excess of six hundred (600) square -foot maximum footprint allowed for a single Page 4 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 177 detached accessory structure, and thus requiring a variance of two- hundred seventy -two (272) 178 square feet. Ms. Hall further explained that the previous variances requested by the 179 Harkleroads were specific to required rear yard setbacks of the principal structure, whereas 180 this request was specific to the required rear yard setbacks of the detached accessory 181 structure(s), and thus this application was substantially different, and clearly met the 182 requirements for hearing by the Board. 183 Tim Franklin, attorney with the Law Office of Daniel M Copeland, addressed the Board on 184 behalf of the Harkleroads, reiterating this was a new hearing for a new, much less intensive 185 request based upon the removal of the connection between the principal and accessory 186 structures, and revision of the roof line with the rem6.01 "of the second story of the one -car 187 garage. Mr. Franklin emphasized the minimal relied requested compared to the degree of 188 hardship suffered by his clients, as he preseirted h Board with a diagram showing the 189 intersection of the required rear yard setbagk;Jines applicable to each portion of the accessory 190 structure(s), and noted that if each portion of the accessory was treated individually, then 191 approximately eighty -five (85) percent 6f`:tl e two -car garage, an' inety -five (95) percent of 192 the one -car garage would be in compliance 193 Mr. Franklin then addressed the nature 6f: the hardship' While the narrative submitted in 194 support of this request had ,claimed Section 24 64(d)(2) — "surrounding conditions or 195 circumstances preventing the reasonable use of the property compared to other properties in 196 the area" — and Section 24- "exceptional' circumstances preventing the reasonable 197 use of the property as compared,to other properties in the area ", Mr. Franklin acknowledged 198 staff's response that,the principal structure aril detached accessory structure, as they existed 199 prior to purchase by the Iarkleroa' k :mere comparable in size and utilization to others in the 200 vicinity, and therefore there was a` record of "reasonable use" of the properly. He then 201 pointed outi<; that staff did 'recognize Section 24- 64(d)(4) — "onerous effect of regulations 202 enacted after planing or after development of property or after construction of improvements 203 of property as .ossrbly being a valid justification of the requested variance(s), though not 204 for the same reasons as but forth m the application. While Mr. Franklin had pointed to the 205 rinposrtron of 'the Florida CoastaI Construction Control Line (CCCL), which essentially 206 pushes all construction�stward on oceanfront lots, and the irregularity of Beach Avenue, 207 Which was or platted as a parrow alley, he noted that staff had proposed that it was the 208 onerous effect of the required rear.:yard setbacks that had become applicable to the detached 209 accessory structures) only upon the identification of the survey error, and after the 210 construction of the improvements was well underway that might justify approval of this 211 variance request. Eithefyvay, he said the survey error exacerbated existing parameters. 212 Mr. Franklin c6ntend6'd that he did not see the granting of this request as precedent- setting, 213 due to the unique set of circumstances. He also clarified that while staff had cited sections of 214 code regarding the Community Development Board and the Building Official's ability to 215 revoke development orders and building permits, this was merely explanatory and not a 216 statement of malfeasance on the part of the Harkleroads. He continued, explaining that the 217 resultant hardship was not self - created, but self - financed. The Harkleroads had not taken 218 intentional reckless action, subsequently asking for forgiveness rather than permission, but 219 instead had been the victims of an erroneous survey. In response to calls to pursue a lawsuit 220 against the surveyor, he said there is a world of difference between filing a suit and collecting 221 on it. The surveyor must be insured, and the insurer must be solvent, and in the interim, the 222 surveyor could fold and dissolve. On the other hand, though, the authority of this Board to 223 grant a variance is the last stop -gap measure to determine whether regulations are preventing 224 the applicants from legitimately enjoying their property. With this request, the Harkleroads Page 5 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 225 offer a compromise, and reiterate the City was just as guilty of relying upon the erroneous 226 survey in the prior issuance of building permits and a variance. 227 Mr. Lambertson opened the hearing to public comment. 228 Kathleen Russell (2117 Beach Avenue) spoke in objection to the requested variance, stating 229 that the applicant should look to the surveyor for remedy rather than seeking concessions 230 from the City. She noted the applicant had made a substantial investment in a property that 231 already consisted of ample facilities, and therefore neither Section 24- 64(d)(3) or (4) were 232 applicable. She stated that she felt the applicants' hardship was self - created in that it was 233 their duty to perform due - diligence, and upon sigfiing the applications for both building 234 permits and variances, the applicant was certifying that all information submitted was correct 235 and accurate, thereby releasing the City fromany responsibility. She concluded by stating 236 that the granting of this variance would have material aduerse impacts on the surrounding 237 properties and sends a clear message that rt rs alight to circumvent local regulations, and ask 238 for forgiveness if caught. Mr. Lambeftson'asked Ms. Russell where she lived in relation to 239 the subject property, and she said that sl lived to the north, at the ci d,of Beach Avenue. 240 Jessalyn Dattilo (1983 Beach Avenue) said that she; ha& been a resident Hof the area for six 241 years, and she was aware t9 pedestrians and bicyclists are ever- present `'ori Beach Avenue. 242 With the north side being four tq =five feet too close and the south side being two -to -three feet 243 too close the right -of -way, she was concerned over those pedestrians and bicyclists visibility 244 to vehicles exiting, especially from the'south;garage. 245 Rich Reichler (2025 Beach Avenue) said he was the'owner of the adjacent property directly to 246 the north of ahe'Harkleroads and he concurred with the statement by Ms. Russell and objected 247 to all variances, being considered. H6`6 xpre ° ' sled frustration with staff's decision to allow the 248 Harkleroads to apply for ra new variance, saying that this was essentially the same request as 249 previously submitted He said the application conveniently omitted the definition of 250 "reasonable use" and ass6rted`the ``exceptronaf circumstances" claimed by the applicant arose 251 out of tha nature of the "project, 'He reiterated the point made by Ms. Russell 252 regarding certification by signature as to validity of application submittals, and added that the 253 granting of a permit does not grant permission to violate the law. He said he felt the behavior 254 of the applicants and their contracted agents indicated this was a self - created hardship, and 255 that the alternatives put forth by 'staff were mutually exclusive; therefore the variance should 256 be demed 257 Ms. Hall directed B66f6 members attention to a letter of objective received via email from 258 Heath Aldridge who xs'the owner of the vacant parcel to the west, across Beach Avenue, from 259 the subject property: Ms. Hall noted that Ms. Aldridge had requested that her letter be read 260 aloud at the meeting, so it was. After hearing Ms. Aldridge's words of dissent, no other 261 speakers came forth so Mr. Lambertson closed the public comment portion of the hearing and 262 turned the floor over to Mr. Franklin for rebuttal. 263 Mr. Franklin explained that Mr. Harkleroad did express desire to seek compensation from the 264 surveying company, but he had been advised to try to resolve the matter of compliance with 265 the local regulations first and determine the total amount of damage that had been done. He 266 also took issue with surrounding property owners who had put forth some sort of conspiracy 267 theory and reminded everyone that such was not to be considered by this Board. He restated 268 that Mr. Harkleroad had relied upon the professional status of the survey, and had had no 269 reason to question its validity. Rather, the Harkleroads now stand before this Board because Page 6 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 270 of multiple circumstances that specifically apply to and impact the Harkleroad property as a 271 result of that erroneous survey. 272 Mr. Lambertson opened the discussion to the Board. Mr. Burgess asked Mr. Franklin, 273 looking at Section 24- 64(d)(3) -(4), what differentiated this property from others in the 274 vicinity. Mr. Franklin replied that it was not just the survey error, but the error combined with 275 the fact that this is an oceanfront lot platted long before enactment of the Florida Department 276 of Environmental Protection rules, long before the establishment of the CCCL which imposes 277 additional regulations on oceanfront lots, as well as angle of the road and orientation of the 278 lot — all these things together. Mr. Burgess said that,.166king at other oceanfront lots in the 279 area, he did not see how this lot was impacted any, differently. Mr. Franklin conceded there 280 was no particular characteristic of the Harkleroad property that was exclusive to it alone. 281 Paraphrasing Aristotle, Mr. Elmore said that laws reas6d., ithout emotion, and that it is the 282 duty of this Board to uphold and defend theCode as it is currently written. He continued, 283 saying that while he realized the survey error was a tragic mistake, and he felt the design of 284 the project was consistent with the character of Beach Avenue, he;was inclined to deny this 285 request because to grant it would open a do6r,,and he found no justification to do so. 286 Mr. Stratton agreed, saying thiit he too feared" 6p 's Box, and while he saw this 287 as a very unfortunate situation especially given his stance as a property rights advocate, it was 288 not within the authority of this .Board;,; but a matteii the City Commission to implement 289 changes to the zoning regulation$ Ms: Paul concurred with the statements of Mr. Elmore and 290 Mr. Stratton Mr.: Parkes agreed, 'though he gadded that it ;was difficult to turn the request 291 down because ha vzewed the design s good and compatible :with the surrounding area. Mr. 292 Hansen echoed the sentiments of oth&,Boafd''merfib6rs but emphasized that the Board was 293 not being `cold, 1 hearted, ";but had granted 'eeway in the past, but the circumstances kept 294 mounting, to the pomt that this was beyonc, the authority of the Board to approve. 295 Mi Parkes asked if the applicant could, appeal;the Board's decision to the City Commission, 296 to' which staff replied ariy;,adversely affected party would have a thirty (3 0) day window of 297 :.opportunity to submit a request to appeafthis Board's decision. 298 Mr., Lambertson said 'jhat he agreed with much that had been said, but he explained that v 299 hain ;built man homes on fi 50 foot -wide lots similar to the subject pro . g Y fh'�'( ) b J it is the 300 integrity o£,the survey tliat serves as the foundation of any project. He noted that he had used 301 Mr. Boatwright for twelve years, and due to Mr. Boatwright's reputation, he generally pays 302 for a new Boa6rigbf survey if he receives something from any other surveyor. Beyond that, 303 he also makesrt a practice to stake out his building envelope and have a foundation survey 304 done before pouriig"commences. He noted this is an added expense, but that it can also serve 305 as a system of checks and balances to avoid just such an unfortunate situation as the 306 applicants now find themselves. Mr. Lambertson then called for a motion. 307 MOTION: Kelly Elmore moved that the Board deny ZVAR -12- 00100010, request for (1) 308 variance from Section 24- 151(b)(1)d to allow a single detached accessory structure of 309 approximately 872 square feet in lieu of the 600 square -foot maximum; (2) variance from 310 Section 24- 151(b)(1)d &e, to reduce the minimum required rear yard setback for the southern 311 portion of the accessory structure, to be used as a detached garage, from five (5) feet to three 312 and one -tenth (3.1) feet, with such portion being limited in height to fifteen (15) feet; and (3) 313 variance from Section 24- 151(b)(1)d &e to reduce the minimum required rear yard setback for 314 the northern portion of the accessory structure from ten (10) feet to four and seven - tenths Page 7 of 8 AGENDA ITEM # 8A APRIL 9, 2012 Draft Minutes of the March 20, 2012 regular meeting of the Community Development Board 315 (4.7) feet, such portion to be limited in height to twenty -five (25) feet, and used as a detached 316 garage on the ground floor with guest quarters above on the second floor, all within the 317 Residential Single - Family (RS -2) zoning district on a property at 2019 Beach Avenue, finding 318 that there are neither exceptional circumstances or surrounding conditions preventing the 319 reasonable use of the property as compared with other properties in the area, nor has there 320 been an onerous effect of regulations enacted after the construction of improvements upon the 321 properly. Jason Burgess seconded the motion and carried unanimously, 7 -0. 322 Mr. Harkleroad thanked the Board and staff for the extensive amount of time and energy they 323 had devoted to this request. 324 6. OTHER BUSINESS NOT REQUIRING ACTION 325 A. Beach Avenue Overlay Report 326 Ms. Hall reported that the direction has been ghee to staff for he Board to commence review 327 of the Beach Avenue zoning to identi gbni6'of the circumstances and conditions articular 328 to this area that might warrant a zoning ° overlay, and formulate recommendations of how to 329 best address these issues. She noted - -4here is no stringent timeline ; in place and that the 330 Commission already has a number of issba before it, so it would ihd§f likely be mid -to -late 331 summer before a status report would be expected Several Board members inquired about the 332 possibility of having workshops,, and Ms HaIL''indicated this item would lie° °regularly placed 333 on the agenda, and during the .late, spring / early summer months when often there is no 334 business on the agenda, the Board might consider scheduling a workshop in place of the 335 business meeting. 336 B. Non - Residential, Uses Report 337 Ms. Hall reported that direction has been given to staff to begin reviewing non - residential 338 uses, botfi` permitted by and by- exception, and 'especially those applicable to the 339 Mayport Condor, to identify needed revisions to the land development regulations. She 340 noted that the City Commission at its March42 meeting had passed a resolution enacting a 341 one year moratorium on the granting of usesby- exception for used automobile sales, and 342 _ekplained'tliat the Commission seeks toridentify and eliminate outdated elements of the code 343 :_that are inconsistent with � the community's vision for the commercial corridors and 344 `, incorporate modern;, sustainable provisions that allow for the development and 345 unplementation of 'strategies that bolster economic vitality of the Mayport Corridor. She 346 noted that as the Redevelopment' Coordinator, Ms. Cohn is currently focused on this task, and 347 once u draft of general recommendations has been reviewed and approved by the 348 Commission - , ,a more detailed plan of action will likely be brought to the Board for review, 349 input, and finally, reconiinendation to the Commission. 350 7. ADJOURNMENT -827 PM 351 352 353 354 355 356 357 Chris Lambertson, Chairman Attest Page 8 of 8 AGENDA IT 9 20 2 8A UBE -12- 00100007 APPLICATION FOR A USE- BY- EXCEPTI ®N City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 • FAX (904) 247 -5845 • http: //ivww.coab.us Date _ Z e - ' File No. Ue 12— o Q I OX O Receipt X91 1. Applicant's Name �N�' / Cw m / h wb 9� r 2. Applicant's Address � O C 1�T �A/1 r P.r h ZZ3 _1 3. Property Location ( o /at )4 1`C- / 4. Property Appraiser's Real Estate Number l [ 0 7�� V ®� Block No. 41 Lot No. ! 2 P t3' PP 5. Current Zoning Classification 6. Comprehensive Plap Future Land Use designation 7. Requested Use -by- Exception vei 1111SIM Ca4 1 und Ve W1 04 I ll io 8. Size of Parce / � j:Q h /1 dO O 9. Utility Provider — �Q✓1T1`C 1 ee.ZC � j or �lh 14 C- t 4 eS 10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24 -63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed nanRe(s): `th 4 &. , 20 Signature(s): -5� ADDRESS ONTACT I O TION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: b Gt 0 ax" Mailing Address: Phone: - J 7Z`�� 6a FA AX: `�/ ��(�� E -mail faeac es cuir or P- G AGEN 9 20 2 8A UBE -12- 00100007 , �a s t' +- The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pe strian safety and conYenience, traffic flow and control and access in case of fire or catastrophe. rn RA 1 A ►. 11 C0/1 011 L - 4tl"'l ae I ry JJ J/V41 �: yr "4 mooli'mr. . /m/1/li 1 _q U ain 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the. Use -by- Exception 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; 5. Utilities, with reference to locatiorks, availability and compatibility; 6. If adjacent uses are different types of uses, descxibe type of scree ping and buffering that will b�e between your se and the adjacent use. d S G O e I unn i11' . `¢nte I Y1 Iltl/k r_S, Y... dl 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17 Lt w- t 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. t/ 9. General compatibility with adjacent properties and other property in the surroundin oning District as well as consistency with applicab e provisions of the Compreh nsive Plan. es k information y qu may wish to I ! lAAOP. �+ r'.PNbai/' �A'or - - ,.�. -- v �;ie�rL�4'• �'_`__ - -'u' I � • it •r t 'i • r • �j ► 'des r �• . r F. n - �ri S s�,�..�:�ta. Mk al Ir ''_... -,:,,f .�','IXff *S`:1'`�/� r6 ,e�.k'�•:. - - ._ tee. - yi � �� y ` • � ?` W 4 pfd • �/ - k��. `` ' - r� k " _ ..X:i �.^•`75 F"'} a.. - -. r, �_�� -Y lk -- "Ira - a - `- • - ? :.; �:.�_ —� .- dl,r r N `.; •.' I'� ;4 r t: • • r .� "ri,4 „i - , t • r-::r:• St l _. ..y1: ~4hi� _ y� � ii�1 .,r• y ,C�.?- :i r;.-�__ ,�r:�:;:. - r... - '�s r { ` -5 : ^ .., i �:,�� y •.. �::.7 '� - ]� ��'� �!..; X71 r ' a.:� 1�'r 'pp� �. -._. �_2e?.s• `� -.! Ly.'. Zi" it •' Wol F' a 4. l tC � �, � _ � �• -- yy: � L .w._ ;�..: � . ..� . '.:a ` �.� Vi c` t � 1• .7 T`� -� !�' � �,. I kIIz �r II wN le � � to 4 74 .iA CIO ` ^ N IN ^ N der i 9 r r r • I ■ i� f ■ �a 4 ►i ■ S �V & i Ai � • R ■ . ,.. Y M r "� r ' J . ■ f 1 r, v 17 mriv �-7! li f . lip, 9 ir 4 A q q I 4� WK �10 ■ - t - w M ti 1� -f� r a w • I! 1 r r t IF I r` L _ r r► L � 48 1 I ff ?- V as AGENDA ITEM # 813 APRIL 9, 2012 STAFF • AGENDA: Proposed changes to Chapter 5 of the Code of Ordinances, Beaches and Parks, Article III, Public Parks, Sec. 5 -32 (i) and (k) DATE: March 30, 2012 SUBMITTED BY: Timmy Johnson, Recreation and Special Events Director BACKGROUND: The Finance Department did a semi - annual internal review of the Recreation Department fee collections. Staff recommends eliminating the $25 deposit for camping at Dutton Island and for fires on the beach. Staff has refunded over 95% of the deposits when there was no damage to public property. The costs of administration of the deposit and refund process are reasons for this recommendation of eliminating fee deposits. Damage to property can be handled in a variety of other ways, i.e., criminal fine for vandalism, and /or disallow future use. BUDGET: None RECOMMENDATIONS: Authorize staff to bring an Ordinance back to the April 23 Commission Meeting for 1 St reading. ATTACHMENTS: Chapter 5 of the Code of Ordinances, Beaches and Parks, Article III, Public Parks, Sec.5-32 (i) and (k) REVIEWED BY AGENDA ITEM # 813 APRIL 9, 2012 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, SEC. 5 -32, USER FEES FOR PARKS AND RECREATION FACILITIES, ELIMINATING THE DEPOSITS FOR FIRES ON THE BEACH AND CAMPING AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec. 5 -32 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 5 -32. User fees for parks and recreation facilities. (i) Beach bonfire. (1) Twenty -five ($25.00) per activity on beach with bonfire or any type of open flame. (2) Depesitfe-q=aiied! T-w en- y-xfiv e dollar's ($25.00), refundable if no damage of fire d loft- o bea..h (3) Approval of a fire permit by the parks and recreation department is required. Permit must be requested and approved during regular city weekday work hours at least twenty -four (24) hours prior to activity. (k) Camping at Dutton Island Preserve. (1) Twenty -five dollars ($25.00) per campsite. (2) Deposit required! TverAy- 4,e lellafs --( re m if nv dama t a site and no deb 6s or trash left SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this day of ATTEST: Donna L. Bartle, CMC City Clerk APPROVED AS TO FORM AND CORRECTNESS: Mike Borno Mayor, Presiding Officer Alan C. Jensen, Esquire City Attorney AGENDA ITEM # 8C APRIL 9, 2012 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: HVAC Retrofits for City Buildings SUBMITTED BY: Michael Griffin, CBO, CFM Building Official/ Interim Community Development Director DATE: April 2, 2012 BACKGROUND: We have been working with the City of Jacksonville (COJ) to gain their approval prior to issuing purchase orders for the HVAC retrofits. COJ is requiring that Atlantic Beach replace the existing HVAC units with minimum 18 SEER units. As of this date no purchase orders have been issued. In the recommendation that was approved by the City Commission on February 27 B &G was given the work at Jordan Park, Public Works Building, City Hall and Police Department. B &G was replacing existing units with 18 SEER units. Staff recommendation to award B &G these buildings will not change. However, at Adele Grage, Donner Park, and City Commission Chamber; Beehive Heating and Air was recommended for the award, but they were only replacing the existing units with 14.5 or 15 SEER units. At these buildings, B &G gave the lowest quote for 18 SEER units. Due to additional analysis we are recommending B &G for the HVAC retrofits at Adele Grage, Donner Park, and City Commission Chambers. The issues that have caused these adjustments are basically the different grant requirements. The State grant is asking for a thirty five percent (35 %) energy reduction (with a Buy American requirement) and the COJ grant is asking for a 10 year simple payback incentive. Staff made the lower proposed cost recommendation in February basically to balance the two grant requirements. However, COJ has recommended, after further analysis, that although the 18 SEER units have a higher purchase cost, should be installed to achieve the 10 year simple payback. Both grants will cover all HVAC installation cost to the City of Atlantic Beach. A chart is attached with revised recommendations and quotes. I have also included a chart detailing the funds that will be provided by the COJ and State grants along with the proposal list dated February 15, 2012.Atlantic Beach was awarded $234,798 from the State and $103,400 from COJ for these retrofits. BUDGET: No budget impact RECOMMENDATION: Motion to approve staff recommendation to accept proposal from B &G to install 18 SEER units in Adele Grage, Donner Park and City Commission Chamber buildings as approved by the City of Jacksonville grant based upon a higher energy cost savings than previous proposal from Beehive Heating and Air of 14.5 and 15 SEER units. AGENDA ITEM # 8C APRIL 9, 2012 ATTACHMENT: Attachment I chart of current and anticipated grant expenditures Attachment II chart of recommended changes for HVAC work. Attachment III February original proposal submittal REVIEWED BY CITY MANA WIN IN; I et iA IF III 1 11 1 It. � � � I 1 '� "� I �� 1 K. •� l I ll �, �� i � I � _� �4 ts tT I II o it I x : �; 't �.; 1 ,I ✓S -Y !- � .� "� �:. �:.� ��" I I � �l �� , I�, f � I f �� ° :I f I I I . �. lid LL h 1P jr: AGENDA ITEM # 8C APRIL 9, 2012 ENERGY GRANT STATUS March 28, 2012 Project TaSk Funding Source TP #al Cost Basis for Cost Status StafeGrant Funds "CO J Grant ' Funds Energy Audits 0 $16,464.29 $16,464.29 Actual Cost Completed Ballfield Lighting Retrofit $53,000 0 $53,000 Actual Cost Completed Low Emission Vehicles $25,683.39 0 $25,683.39 Actual Cost Completed Building Retrofits Adele Gra a HVAC $10,575.00 $8,180.40 $18,755.40 Quote Awaiting P.O. Donner Park HVAC $5,400.00 $3,945.35 $9,345.35 Quote Awaiting P.O. Jordan Park HVAC $8,893.30 $1,490.35 $10,383.65 Quote Awaiting P.O. Public Works HVAC $7,663.61 $1,365.30 $9,028.90 Quote Awaiting P.O. City Commission Chamber $6,300.00 $2,911.35 $9,211.35 Quote Awaiting P.O. City Hall HVAC $33,346.56 0 $33,346.56 Quote Awaiting P.O. City Hall Unit Purchased $7,325.00 0 $7,325.00 Actual Cost Completed Police HVAC 0 $8,184.55 $8,184.55 Quote Awaiting P.O. Electrical Retrofits 0 $30,761 $30,761 CDM Estimate Solar Hot Water System at Fire Dept. $6,950 0 $6,950 Estimate in grant $165,136.86 $73,302.59 $238,439.44 AGENDA ITEM # 8C APRIL 9, 2012 Building Recommended Contractor Quote Reason for Recommendation Adele Grage Cultural Center B & G Refrigeration $18,755.40" Lowest Quote with 18 SEER rating Donner Park Community Center B & G Refrigeration $ 9,345.35 Lowest Quote with 18 SEER rating Lowest Quote with SEER ratings Jordan Park Community Center B & G Refrigeration $10,383.65 that can achieve 35% improvement in energy efficiency for the entire building 18 SEER rating provided Lowest Quote with SEER ratings Public Works Building B & G Refrigeration $ 9,028.90 that can achieve 35% improvement in energy efficiency for the entire building 18 SEER ratinq provided City Commission Chamber B & G Refrigeration $ 9,211.35 Lowest Quote with 18 SEER rating Lowest Quote with SEER ratings City Hall B & G Refrigeration $33,346.56 that can achieve 35% improvement in energy efficiency for the entire building 18 SEER rating provided Lowest Quote with SEER ratings Police Department B & G Refrigeration $ 8,184.55 that can achieve 35% improvement in energy efficiency for the entire building 18 SEER rating provided Total $98,255.76 * Price includes load calculations AGENDA ITEM # 9A APRIL 9, 2012 April 2, 2012 u_�5_•:,►11TEu TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso i anager SUBJECT: City Mana is Report Report of Receipt of Intent to File Claim The City has received a notice of an intent to file a claim for damages resulting from an auto accident involving a City Public Works employee that got into an traffic accident on December 21, 2011. The letter claims that the attorney's client has suffered from their injuries and that their wife is suffering from the loss of consortium. A copy of the letter is attached for your information. The City has auto liability insurance and this claim has been turned over to the City's insurance carrier for handling. No action is necessary by the City Commission. This report is for notification only. AGENDA ITEM # 9A APRIL 9, 2012 HAHARRELL & H DAVID R. BLACK a eXC(LlLILCG� DONALD F. BLACK SCOTT A. CLEARY 4735 SUNBEAM ROAD CHARLES T. DOUGLAS, JR. JACKSONVILLE, FLORIDA 32257 JULIE MARIE HARRELL (904) 251 -1111 RENEE DAIGLE HARRELL (800) 251 - 1111 W. HOLT HARRELL FAX (904) 251 -1110 WILLIAM H. HARRELL www.harrelland.harrell.com March 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jim Hanson, City Manager City of Atlantic Beach 800 Seminole Rd Atlantic Beach, FL 32233 RE: Our Client: Bill Bonner (primary claim) Precious Bonner (consortium claim) Date of Loss: 12/21/2011 Location of: Mayport Road (Duval County) Dear Sir /Madam: TIMOTHY I. MARTIN MICHAEL P. MORAN TIMOTHY S. MORAN ANTHONY G. PAPA GREGORY J. SCHLAX FRED T. STAPP COUNSEL NATHAN P. CARTER The following will serve as notice, pursuant to the requirements set forth in City Ordinance 112.201 to 112.206, and, pursuant to Florida Statute 1 768.28, of the intent of Bill Bonner to pursue a claim against the City of Atlantic Beach for damages as a result of an accident involving a City of Atlantic Beach truck, driven by Paul Ledgister, which occurred in Atlantic Beach, Florida. Pursuant to City Ordinance 112.201 to 112.206, we provide the following information regarding Bill Bonner: a) Bill Bonner's address is: 13300 Atlantic Blvd., #216, Jacksonville, FL 32225. U ,.The accident occurred on 12/21/2011 at-2: OO P.M. A vehicle owned by the City of Atlantic Beach, driven by Paul Ledgister, pulled out in front of Bill Bonner's vehicle causing the collision. c) As a result of the 12/21/2011 accident, Bill Bonner is suffering from injuries, including but not limited to, right hip pain (possible fracture). Precious Bonner is suffering from the loss of consortium of her spouses services. d) The at fault truck was owned by the City of Atlantic Beach and the driver was Paul Ledgister. Names of any other agents or employee of the city or independent agency involved are not known to the claimant. e) Bill Bonner and Precious Bonner are seeking damages and compensation for injuries sustained in the above described accident. AGENDA ITEM # 9A APRIL 9, 2012 Pursuant to Florida Statute ' 768.28(6)(c), we provide the following information regarding Bill Bonner: (1) Date of Birth: 06/30/1986 (2) Place of Birth: Liberia (3) Social Security Number: W01 (4) There is no prior adjudicated unpaid claim in excess of $200.00 owed by Bill Bonner to the State, its agency, officer or subdivision. Pursuant to Florida Statute ' 768.28(6)(c), we provide the following information regarding Precious Bonner: (5) Date of Birth: 11/17/1985 (6) Place of Birth: Liberia (7) Social Security Number: None (not an American citizen) (8) There is no prior adjudicated unpaid claim in excess of $200.00 owed by Precious Bonner to the State, its agency, officer or subdivision. The following is a brief description of the accident: On 12/21/2011 our client, Bill Bonner, was a restrained driver of a vehicle, traveling on Mayport Road, when a vehicle owned by the City of Atlantic Beach, driven by Paul Ledgister pulled out in front of Bill Bonner's vehicle causing the collision. I trust that this documentation will. outline all entities and persons who have injury claims against the City of Jacksonville in this matter. Should you have any questions, please do not hesitate to contact our office. Sincerely, ":S7 Gregory J. Schlax GJS /lhr cc: Bill Bonner