Agenda Packet 08-23-04 I
I
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING AUGUST 23,2004
Call to order
Invocation and pledge to the flag
' 1. Approve minutes of the Regular Commission meetings of August 9,2004
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Action on Resolution No. 04-07 approving the lease of parking space agreement for
owners of Island Club Condominiums
B. 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 Monthly Financial Report and report of Building Activity
for the month of July (City Manager)
B. Award contract to Walding Company in the amount of$107,723.00 for drainage
' improvements at George and Dudley Streets(CDBG project—Bid No. 0304-10)
(City Manager)
C. Extend the contract with Brooks& Limbaugh Electric Co., Inc. for Electrical
Troubleshooting and Repair for one additional year at the current contract prices
(Bid#0203-21)(City Manager)
D. Extend the contract with Equitas Sewer Services, Inc. for Sewer Cleaning and
Televising for one additional year to at the current contract prices(Bid#0203-14)
(City Manager)
E. Reject the sole bid received for Headworks Improvements at Wastewater Plant#2
(Bid No. 0304-9)
F. Award the contract to Control Design, Inc. for Lift Station SCADA to Control
Design, Inc. in the amount of$90,810.50 (Bid 0304-21) (City Manager)
' 5. Committee Reports
6. Action on Resolutions
' A. Resolution No.04-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR
TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC
BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND
PROVIDING AN EFFECTIVE DATE
I1
I
I
7. Action on Ordinances
' A. Ordinance No. 31-04-04 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE
1990 COMPREHENSIVE PLAN AND THE 2005 FUTURE LAND USE MAP, AS
ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE
ADOPTING EVALUATION AND APPRAISAL REPORT(EAR)BASED
AMENDMENTS TO THE GOALS,OBJECTIVES AND POLICIES (GOPS)OF THE
' COMPREHENSIVE PLAN;ESTABLISHING THE 2005 - 2015 FUTURE LAND USE
MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT;FINDINGS OF
CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE. (Second reading and
' Adoption Public Hearing scheduled for September 13, 2004)
B. Ordinance No. 65-04-33 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 65-03-32, CHAPTER 19,
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE
CODE OF ORDINANCES SPECIFICALLY SECTION 19-1,INTERSECTIONS: SIGHT
DISTANCE REQUIREMENTS AND SAFETY ZONES,PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE
C. Ordinance No. 75-04-16 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING CHAPTER 21,TRAFFIC AND MOTOR VEHICLES,
AS SET FORTH WITHIN THE CODE OF ORDINANCES, AND ADOPTING
ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN
' - - - EFFECTIVE DATE
8. Miscellaneous Business
' A. Discussion and possible action related to proposed development site within the
City of Jacksonville, which is contiguous to the City of Atlantic Beach(north of
the Fleet Landing PUD and west of the Ocean Walk PUD)
B. Authorize the City Manager to serve as interim City Clerk until a new City Clerk is
appointed
' 9. City Manager
A. • City Manager's Report
' 10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
' 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 590 PM,Friday,August 20,2004.
2
I
MINUTES
REGULAR CITY COMMISSION MEETING
AUGUST 9, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Richard Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
' given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Special Called and Regular
' Meetings of July 26, 2004
Motion: Approve Minutes of the Special Called and Regular Meetings
of July 26, 2004 as presented.
Moved by Beaver, seconded by Parsons
' Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
' MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
' GAI Mayport Road A. GAI to present Mayport Road Traffic Analysis Report
Traffic Analysis Report
' Ron Hoogland, P.E. with GAI Consultants presented a brief overview of the
plans to construct medians on Mayport Road between Atlantic Boulevard
and Dutton Island Road. The following topics were covered in the report:
' Median openings and intersection traffic counts, typical section alternatives,
average annual daily traffic (AADT) volume, level of service (LOS), project
status and FDOT indications from their review of the project. It was pointed
' out that two public hearings would be required if the project is approved,
and the City of Jacksonville has approximately $IM from the Town Center
Grant fund available for the project. A copy of the report is attached and
' made part of this official record as Attachment A.
i
1
I
' August 9, 2004 REGULAR COMMISSION MEETING Page 2
Recognition of Mary B. Recognition of Mary Walker for her service on the Community
Walker Development Board
Mayor Meserve thanked Mrs. Walker for her many years of dedicated
service on the Community Development Board and wished her well in the
future.
Hallie Fussell of 1588 Ocean Boulevard objected to creating extra parking
in Mandalay Park. She believed the added parking would increase traffic in
the area and with that would come an increase in trash.
Richard Ouellette of 1060 Seminole Road believed the 10th Street parking
issue and the proposed parking spaces in Mandalay Park should be treated
' separately. He believed Mandalay Park should be retained as a green space
and objected to the creation of any parking spaces.
Kelly Elmore of 1650 Beach Avenue inquired as to the status of the
parking for 10'h Street and Mandalay Park. He indicated that no meeting
with residents had been held and requested that a workshop be scheduled to
receive their input. He believed there was no need for new parking in
Mandalay Park and requested that the grape vines in the park be removed to
keep them from choking the live oaks.
' Tom Petway of 1660-1 Beach Avenue believed it would set a bad policy
for the city to lease any parking spaces to the residents of the Island Club
Condominium. He believed the Mandalay Park parking spaces should not
be used to mitigate the 10'h Street parking spaces and requested that the two
' parking issues be considered separately.
Mayor Meserve stated that no action would be taken relative to Item 8E,
t and indicated that a presentation of a conceptual design to create parking
spaces would be given. The Mayor indicated that both items would be
considered at future meetings and public notice would be given.
' Valerie Britt of the Pablo Point Civic Association spoke in opposition to
the city's proposed Comprehensive Plan amendments and distributed
' information concerning her objections. She expressed concern for the well
being of her area relative to increased population and traffic in the Coastal
High Hazard Area of Atlantic Beach. A copy of the information is attached
' and made part of this official record as Attachment B.
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
' Stated he was happy that funding for construction of a rear entrance to the
Post Office was available, (2) Reported speeding on Sherry Drive is still a
problem, and (3) Suggested that the Mayport Road medians project be place
on hold until the impact of Wonderwood Road improvements is known.
I
I
Autust 9, 2004 REGULAR COMMISSION MEETING Pate 3
Retha Rowe of 901 Ocean Boulevard requested that the Commissioners
' not waive the regulations pertaining to short-term rentals for the Super
Bowl (Item 8B).
t Stephen Kuti of 1132 Linkside Drive commented on the following: (1)
Commented on the growth occurring on the north side of Jacksonville and
believed the Wonderwood Expressway would become a major thoroughfare
' for residents coming to the beach from that area, (2) Believed Mayport
Road should be left the way it is with six lanes due to the potential for
increased traffic, and (3) Suggested that the residents of the Island Club
t Condominiums work out a parking arrangement with Sea Place
Condominiums.
' Sally Clemens of 1638 Park Terrace West spoke regarding development
on Johnston Island and stated that during the July12,2004 Commission
Meeting most people spoke against changing the future land use map
designation for that property from Conservation to Residential, Medium
Density. She believed the Commissioners should listen to the citizens of
Atlantic Beach and only allow the property to be developed under the
' Conservation zoning regulations, which were in place when the property
was purchased.
Mimi Ames of 1614 Park Terrace West believed Johnston Island should
retain the Conservation zoning designation, and the Commissioners should
place the wishes of the residents of Atlantic Beach before those of the
developers.
' Barbara Mears of 1604 Coquina Place commented that sand parking
already existed at Mandalay Park. She believed the proposed additional
parking at Mandalay Park was directly related to the Island Condominium
' owners' request and thought there was no need for the additional parking at
the park.
' Bob Parrish of 1731 Beach Avenue spoke against the city leasing any
parking spaces on 10th Street and adding any parking spaces in Mandalay
Park. Mr. Parrish believed the additional parking spaces in Mandalay Park
' would lead to the park being "trashed."
Commissioner Beaver requested that Item 8E be moved forward on the
agenda.
E. Presentation of conceptual design to create parking spaces at
' Mandalay Park (City Manager)
Public Works Director Rick Carper stated that in May, Commissioner
' Waters approached him concerning parking in Mandalay Park. He
I
I
' August 9, 2004 REGULAR COMMISSION MEETING Page 4
explained how the city acquired the property and presented sketches
' showing the proposed park design. Various parking options were
displayed. Mr. Carper pointed out that an eight-foot wide bike path, a beach
shower and eight additional oak trees were included with the parallel
parking spaces option.
Commissioner Waters believed the property should serve a public purpose
and parking was needed for all residents to access the beach. He pointed out
that the federal government regularly spends millions of dollars for beach
renourishment and indicated that there was a$250,000 beach access at 16th
Street and no one could park and use it. He stated that he understood the
problems with living next to a beach access, but requested that the
Commissioners consider what would best serve all of the citizens of
Atlantic Beach.
Discussion ensued concerning the Mandalay parking. Commissioner
Parsons stated that he did not like parking on the east side of the park and
pointed out that people already park at the park. He also believed that no
parking should be given up at 10'h Street.
' Commissioner Beaver reiterated his opposition to leasing parking spaces at
10'h Street and stated he saw no need to make changes to Mandalay Park
since it was already being used for parking.
Mayor Meserve said he was not opposed to putting some parking at
' Mandalay Park to provide access to the beach for residents and to enhance
the area. He indicated that he did not want the Mandalay Park and 106
' Street parking issues linked to each other.
Commissioner Simmons commented that there appeared to be no
neighborhood consensus concerning the proposed park improvements and
she urged those residents to see if they could come to an agreement as to
how they would like the area improved. She suggested that the park would
' be cleaner and neater if the sand parking was replaced with paved parking.
Unfinished Business 3. Unfinished Business from Previous Meeting
' from Previous Meeting
None.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of the monthly report of new Occupational
' Licenses and Utility Department Project Status Report (City
Manager)
B. Award a contract for Plaza Road Bike Path construction to
Walding Co. in the amount of$156,376.00 and defer the
t
I
' August 9, 2004 REGULAR COMMISSION MEETING Page 5
construction of the Seminole Road Bike Path to next fiscal year
' (City Manager)
Motion: Approve Consent Agenda Items A and B as presented.
Moved by Waters, seconded by Simmons
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
Curtis Sanders, Chair of the Code Enforcement Board, provided
information on the jurisdiction of the Code Enforcement Board and terms of
the Board Members. He commended Code Enforcement Officer Sherrer for
' his work to encourage violators to come into compliance with city codes
and provided statistical data concerning Code Enforcement activities.
' Mr. Sanders requested Commission consideration be given to appointing
alternates to serve on the Code Enforcement Board.
Resolutions 6. Action on Resolutions:
' None.
7. Action on Ordinances
None.
' 8.
A. Miscellaneous Business
Action on a request for a waiver from the sign regulations to
allow a hanging bracket sign to encroach into city right-of-way
' and extend closer to the property line than five feet for Ocean 60
restaurant located at 60 Ocean Boulevard within the Town
Center area of the Central Business District(City Manager)
' Motion: Deny request for a waiver from the sign regulations to allow a
hanging bracket sign to encroach into the city right-of-way and extend
' closer to the property line than five feet for Ocean 60 restaurant located
at 60 Ocean Boulevard.
Moved by Waters, seconded by Beaver
1
I
August 9, 2004 REGULAR COMMISSION MEETING Page 6
Duane Holden, General Manager of Ocean 60 restaurant, stated that the
' request for the hanging bracket sign was being made because restaurant
patrons often called stating they could not find the restaurant.
Discussion of the request ensued. Commissioner Beaver believed the Town
Center Agency should review the use of bracket signs and set standards for
this type of sign if they were to be allowed.
Upon further discussion, Commissioner Beaver withdrew his second
and Commissioner Waters withdrew his motion to deny the request.
Motion: Defer action on the request for a waiver from the sign
regulations to allow a hanging bracket sign to encroach into the city
' right-of-way and extend closer to the property line than five feet for
Ocean 60 restaurant located at 60 Ocean Boulevard until the Town
Center Agency reviews and makes a recommendation for a master plan
to set standards for bracket signs.
Moved by Waters,seconded by Beaver
Votes:
Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
' B. Discussion and related action on waiver to allow short-term
rentals within residential zoning districts limited to the Super
Bowl time period only (City Commission)
Motion: Approve a waiver (pursuant to Section 24-46(d)), to allow
short-term rentals within residential zoning districts limited to the
' Super Bowl time of January 23rd to February 12th 2005.
Mayor Meserve requested an opinion from the City Attorney regarding the
' legality of choosing not to enforce the current ordinance relative to short-
term rentals for a period of time. City Attorney Jensen responded that
Section 24-46(d) of the City Code allowed the Commission to authorize
' limited waivers.
Commissioner Beaver believed the waiver was necessary because of the
' shortage of hotel rooms, and indicated that other area cities were allowing
such rentals. He believed the city should support the Super Bowl, which
would probably be a once-in-a-lifetime event for the area.
' Commissioner Waters agreed and stated that he had received several calls,
most of which supported the waiver.
1
t
I
' August 9, 2004 REGULAR COMMISSION MEETING Page 7
Community Development Director Doerr clarified that the motion included
' the findings provided in her memo dated July 28, 2004.
Commissioner Simmons believed a three-week waiver was too long and
suggested that the time period be shortened. Commissioner Beaver favored
allowing a two-week waiver.
' Amendment to the Motion: Change time period for Super Bowl rentals
to January 29th to February 7th 2005.
' Commissioner Parsons believed at least a two-week time period was needed.
Moved by Simmons,seconded by Meserve
' Votes:
Aye: 1 —Simmons
Nay: 4 - Beaver, Parsons, Waters, Meserve
AMENDMENT TO THE MOTION FAILED
Discussion ensued concerning the appropriate length of time for the waiver.
' Amendment to the Motion: Change time period for Super Bowl rentals
to January 30th to February 12th 2005.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 3—Beaver, Parsons, Waters
Nay: 2 - Simmons, Meserve
' AMENDMENT TO THE MOTION CARRIED
Original Motion: Approve a waiver (pursuant to Section 24-46(d)), to
' allow short-term rentals within residential zoning districts limited to
the Super Bowl time period (as amended) of January 30 to February
12 2005
Moved by Beaver, seconded by Waters
Votes:
Aye: 3 —Beaver, Parsons,Waters,
' Nay: 2- Simmons,Meserve
MAIN MOTION CARRIED
' C. Discussion and related action on options to limit building height
in Atlantic Beach (Comm. Waters)
' Commissioner Waters commented that he had brought two suggested
compositions for limiting building height to the Commission and reminded
them that when he asked them to address the height issue, it seem that the
residents who attended the previous meeting did not want any building
I
I
August 9, 2004 REGULAR COMMISSION MEETING Page 8
above 35-feet anywhere in the city. He further commented that the
Commissioners always had the right to look at the heights in the
Commercial, Industrial and PUD districts. During discussion of the draft of
the proposed language, Commissioner Waters inquired if the Commissioners
' wanted to state there would be no storage, or livable, habitable space above
35-feet, and reserve the right in Commercial and Industrial districts to
consider what was done in the North Beach Center.
' Commissioner Waters then requested the Commissioners' thoughts on the
options to limit building height.
' Commissioner Parsons stated that he never wanted to exceed the 35-foot
limit. He indicated that he liked what was done at the old Pic 'N' Save
' building and would like to keep the option open to address facades.
' Commissioner Waters read from the second page of the staff
recommendation and requested that "Enclosed Storage Space"be included
with the exclusions in the listed in the paragraph revising Section 24-156 of
' the zoning code. Community Development Director Doerr confirmed that
she would add language to the code to exclude"Enclosed Storage Space"
Motion: The City shall maintain the limitations, as set forth
within the Land Development Regulations, for maximum
height of buildings and maximum impervious surface area for
all lands within the City. Requests to exceed the maximum
height of building shall be considered and approved only
within non-residential land use categories and for non-
residential development, and any increase to the maximum
height of building shall be limited to exterior architectural
design elements,exterior decks or porches, but excluding
' signage, Habitable Space or Enclosed Storage Space as defined
by the Florida Building Code. Requests for waivers to the
maximum height of building shall be made in accordance with
' procedures set forth within the Land Development
Regulations, and shall be approved only upon demonstration
that the proposed height is compatible with existing
surrounding development.
Mayor Meserve confirmed with the Commissioners that it was their intent to
' adopt this language in Section 24-156 of the zoning code and to revise the
proposed Comprehensive Plan amendment to reflect the change.
' Mayor Meserve inquired and confirmed that it was Commissioner Waters'
intent to make it so no one could make a request for a waiver from the 35-
foot height limit in any of the city's zoning districts, except for an
architectural facade for commercial structures.
I
Aueust 9. 2004 REGULAR COMMISSION MEETING Page 9
Moved by Waters, seconded by Beaver
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
t Nay: 0
MOTION CARRIED
' D. Review of suggested code revisions regarding clear sight distance
at street intersections and for sidewalks, and provide guidance to
staff to modify the code as desired (City Manager)
tChief Thompson briefly explained some of the proposed revisions to
Chapter 21 Traffic and Motor Vehicles and proposed revisions to Section
19-5 (b) to expand the "safety zone"and Section 24-17 to amend the Land
Development Regulations to replace the current sight triangles.
Chief Thompson displayed diagrams illustrating ways to determine
sight triangles in different speed zones.
' Chief Thompson suggested that the Commissioners review and evaluate the
materials presented to them and bring back a recommendation for the
revisions at a future meeting. A copy the proposed revisions to the City
Code are attached and made part of this official record as Attachment C.
Commissioner Simmons inquired if the revisions would change the parking
distance from intersection and if they would address delivery trucks parking
in Town Center, blocking one lane of traffic. Chief Thompson stated those
' items were addressed.
Commissioner Waters referenced Section 19-5 (a)(2) and inquired if parking
pads were addressed. Chief Thompson indicated that parking pads were
covered in Chapter 21.
Discussion ensued. Chief Thompson stated that FDOT standards would be
applied to Mayport Road.
' Commissioner Waters suggested the following: (1) Reconsideration of the
parking sticker program, (2) Increased penalty for parking in a handicapped
parking space, (3) Removing the exception in Section 21-2 for military, fire
' department, etc. relative to parades, (4) in Section 21-21(2) add changing of
oil or other automotive fluids, and (5) Noted free parking on the 300 block
of Plaza.
' Commissioner Parson stated that he was opposed to the stop signs installed
at East Coast Drive and 1st Street and suggested that new signs be installed
only when necessary.
I
I
August 9, 2004 REGULAR COMMISSION MEETING Page 10
t E. Presentation of conceptual design to create parking spaces at
Mandalay Park (City Manager)
' The presentation was taken out of sequence and given earlier in the
meeting.
' F. Distribution of adoption draft and proposed Ordinance No. 31-
04-04 to enact EAR-based amendments to the 1990
Comprehensive Plan (City Manager)
' Community Development Director Doerr provided background information
concerning the draft ordinance and indicated that she was working with the
Department of Community Affairs (DCA) to address the nine objections
received in their ORC Report to the city. She indicated that all changes in
the documents presented to the Commission for review were noted by strike
through/underline and adoption and public hearing for the ordinance was
scheduled for September 13, 2004.
' Commissioner Water requested more time to study the Comprehensive Plan
amendments. He believed prior Commissions did not pay strict attention to
the changes and believed if the 10-acre requirement for a mixed use PUD
had not been taken out of the Comprehensive Plan, the recent Johnston
Island development request would never have been brought to the
' Commission.
Mayor Meserve indicated there were time constraints imposed by the state
for adoption of the amendments. It was pointed out that the ordinance must
be adopted within 120 days of receipt of the ORC report from the DCA.
' Commissioner Beaver believed the Comprehensive Plan was a good
document and he noted that while reading the plan,he was impressed with
the city's record for complying with the plan. He thanked the Community
' Development Director for her work and stated he was happy to have her
interpret the plan for the Commission. He believed the Commission's
responsibility was not to interpret the plan, but to make sure the city
' continues to move forward within the requirements of the plan.
Ms. Doerr commented that the 1990 Comprehensive Plan was written and
' adopted with more than what was required by law at that time, and
indicated that there was a tremendous amount of input into the current draft
with input received from the city's consultant, the Regional Planning
' Council, the Department of State, the FDOT and the SJRWMD.
Discussion ensued and it was the consensus of the Commission to hold the
' public hearing and adoption of Ordinance 31-04-04 on September 13, 2004.
I
I
' August 9, 2004 REGULAR COMMISSION MEETING Page 11
Commissioner Waters commented on the language change between the first
and final draft of the Housing Element Policy 1.1.3. He also inquired if
there were any volleyball courts in the city. Ms. Doerr stated that the level
of service was changed based on input from the Parks and Recreation
Department.
9. City Manager
City Manager Hanson reported on the following items:
' C. Reported the U.S. Postal Service confirmed that funds were allocated
for construction of an entrance to the building from Plaza, and that
funds were included in the city's 2004/05 budget for this project.
' :• Reported on the burglary rate of the City of Atlantic Beach compared to
the City of Jacksonville and the United States.
' Reported that the budget figure in the staff report for the City Hall
expansion/remodeling project was incorrect and did not include
architectural fees, which placed the project $58,146 over-budget. He
indicated and the project has been put on hold until it can be discussed
during a budget workshop.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
' City Commissioners Attorney
City Attorney
Commissioner Parsons
' • Requested copies of Powerpoint presentations prior to their presentation
at Commission Meetings.
:• Disagreed with earlier comments regarding the lack of notice regarding
the proposed lease of parking at 10th Street and the creation of additional
' parking spaces in Mandalay Park, and noted that these items were
discussed during the previous five Commission meetings.
' Commissioner Simmons
• Reported that the old Amoco,sign was still in place at the BP station
' located at Plaza and Mayport Road.
• Requested that the signs at the beach accesses be changed to prohibit
' parking from 9:00 p.m. to 6:00 a.m. instead of the current 11:00 p.m. to
6:00 a.m.
1
I
August 9, 2004 REGULAR COMMISSION MEETING Page 12
Noted that the JEA was severely trimming trees in the city and they
looked horrible. It was suggested that staff contact them to see if
something could be done to prevent the damage.
Commissioner Beaver
Agreed with Commissioner Simmons concerning the tree trimming and
' stated that he wished the trees were pruned horticulturally correct.
Commissioner Beaver suggested that the City Manager send a letter to
the company requesting the company abide by the city's rules.
1 Mayor Meserve
'
C.
Reported there would be no city-sponsored Super Bowl events at the
beach since Jacksonville would not be providing funding or
transportation for the events. He indicated that the deadline for
sanctioning an event had passed and he had dissolved the Super Bowl
Committee chaired by former Commissioner Bomo. The Mayor stated
he would continue to see if anything could be done and the city would
' still need a security plan.
' :• Reported he had received a letter from Attorney Paul Harden concerning
The Estate of Atlantic Beach, LLC,which proposed to annex and
develop property located in Jacksonville, on Old Sherry Drive just west
' of Oceanwalk. He commented on some of the options for the
development and requested that Commissioners give some thought to
the request and be prepared to discuss it at a future meeting.
' Commissioner Waters requested that staff put together information
concerning annexation, and possible uses for the property under the
' current zoning.
:• Reported that the access road to Johnston Island belonged to Florida
' Department of Transportation.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:50 p.m.
' John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
tCertified Municipal Clerk
t
AGENDA ITEM#3A
ALAN C. JENSEN AUGUST 23,2004
1 Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach,Florida 32240-0457
Telephone (904)246-2500 Facsimile (904)246-9960
E-Mail: ATeoseniaw®aol.com
' July 14, 2004
' BY HAND DELIVERY
' James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Island Club Condominiums-Lease of Parking SparP
Dear Jim:
I have revised Resolution No. 04-07 and the Lease of Parking Spa P Agreement in accordance with
the directions from the City Commission at the meeting held July 12, 2004. The originals and
' copies of both documents are enclosed, and I would appreciate you forwarding the originals to
Maureen King for use at the next regularly scheduled Commission meeting on July 26, 2004.
' Please note the Lease Agreement refers in paragraph 1 to an Exhibit A, which is a document I
don't have, and I understand you have this document and will attach it to the Lease Agreement.
I also enclose for your information and that of the City Commissioners, copies of Section 281,
I Pave By Municipality of Municipally Owned Property, from Florida Jurisprudence, Second
' Edition, in which I have highlighted a certain portion regarding no bonds being issued and no
public fund expended, as well as a copy of Attorney General Opinion 97-34 regarding leasing a
portion of a City's airport property to a private individual. And finally, I enclose a copy of the
City of West Palm Beach v. Williams case, a Florida Supreme Court decision cited as: 291 So. 2'
572, which is referenced in the Attorney General Opinion.
' Asa result of my research into this matter, it is my opinion that the City has the authority to lease
its property if that property is not currently needed for municipal purposes. Therefore, if the City
Commission makes a determination that the 10 parking spaces on lot Street they are considering
' leasing to the owner of Island Club Condominiums are not currently needed for municipal
purposes, and the commission is in part making that decision in part because of the more than ten
additional spaces which are being created at Mandalay Park, and those are also public spaces for
E
AGENDA ITEM#3A
AUGUST 23,2004
beach acrnss, then it is my opinion the City can proceed with leasing of the spaces to the Island
Club Condominium owners, pursuant to all the terms of the Resolution and the J ease of Parking
Space Agreement. Obviously the Resolution No. 04-07 must be passed to provide the legislative
authority for the City to enter into the parking space leases.
If you have any questions regarding the above or need any further or additional information, please
don't hesitate to contact me.
Ve truly yours,
ALAN 7 SEN
Enclosures
ACJ/tdb
I
I
I
I
I
I
I
I
1
E
AGENDA ITEM tl3A
AUGUST 23,2004
BESOT ITTION NO 04-07_
' A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR
OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE
CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN
' EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach has determined that owners of the condominium units
' located at Island Club Condominiums, which is on 10th Street located east of Beach Avenue, are totally
dependent upon public parking spaces on 10th Street for their residential parking needs, and
WHFREAS, the City of Atlantic Beach has reached an agreement with Island Club
Condominiums to lease certain of the public parking spaces on 10ih Street immediately adjacent to the
condominiums for use by the owners of the condominiums for their residential parking needs,and
WHEREAS, no bonds are being issued and no public funds are being expended in connection
' with the lease of said parking spaces to the condominium owners, and
WHEREAS, the parking spaces being leased are on property owned by the City and,by virtue
' of the City identifying and completing more than ten(10)new public parking spaces at Mandalay Park
for beach access, said property is not currently needed for any municipal purposes.
' NOW THEREFORE,BE IT RESOLVED:
SECTION 1 The City of Atlantic Beach does hereby agree to lease certain public parking
' spaces on 10th Street east of Beach Avenue to the owners of the condominium units at Island Club
Condominiums, in accordance with the terms and conditions as set forth in the Lease of Parking Space
Agreement, a copy of which is attached hereto. The City of Atlantic Beach hereby approves said
' Lease of Parking Space Agreement. Additional conditions that shall apply to the lease of these public
parking spaces are as follows:
(a) The more than ten (10) new public parking spaces at Mandalay Park shall be
completed and ready for use prim to the leased spaces on 10th Street being marked and the lease
' agreements for said spaces being signed.
(b) Payments received from the lease of spaces on 101h Street shall be applied to the
constriction of the new spaces at Mandalay Park, until the total cost of said construction is recovered.
' V (c) All owners of units at Island Club Condominiums must participate in the leasing
Iarrangement and sign a Lease of Parking Space Agreement
(d) The ten(10) lease spaces on 101h Street shall be contiguous and located at the west end
of the block,furthest away from the ocean
(e) All vehicles using the leased spaces shall be registered with the City.
(f) All signs and signage shall be uniform and shall be provided by the City.
SECTION 7 The City Manager is hereby authorized to sign on behalf of City of Atlantic
L Beach the Lease of Parking Space Agreements for the respective owners of the Island Club
Condominium unit owners.
AGENDA ITEM#3A
AUGUST 23,2004
SFCTION 3 This resolution shall become effective immediately upon it final passage and
adoption by the City Commission
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this
day of July, 2004.
ATTEST:
' Maureen King, City Clerk John S. Meserve
Mayor, Presiding Officer
Approved as to form and correctness:
' ALAN C. JENSEN, ESQUIRE
City Attorney
1
1
1
[1
i
AGENDA ITEM#3A
AUGUST 23,2004
LEASE OF PARKING SPACE
Lease agreement entered into this day of July, 2004, by and between the City
of Atlantic Beach, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach,
Florida, 32233 ("City"), and , owner of Island Club
Condominium Unit# 10th Street, Atlantic Beach, Florida, 32233
("Tenant").
WHEREAS, City is the owner of all public rights of way in Atlantic Beach
including that portion of 10`h Street located east of Beach Avenue, and
WHEREAS, Tenant is the owner of Unit # at Island Club Condominium,
101h Street, Atlantic Beach, Florida, 32233, which is located on that portion of
10th Street that is east of Beach Avenue, and
WHEREAS, Island Club Condominium was previously an apartment building
•
which was converted to condominiums in 1979 with approval and consent of City, and at
' the time with limited parking on site, thereby making owners/residents of the
condominium units totally dependent upon public parking spaces on 106 Street for their
residential parking needs, and
WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding
communities since 1979, including the dramatic increase in population, traffic, and
' popularity of accessing the oceanfront beach, it has become more and more difficult for
Tenant to find parking spaces available for use at his or her condominium unit, including
those public spaces immediately adjacent to the condominium, because of use of said
' spaces by the public who are not residents of the condominium, and
WHEREAS, the location of Island Club Condominium and its lack of on site
private parking for residential purpose is unique in Atlantic Beach, was created, in part,
with the City's consent and approval, and creates a situation for residents and property
owners in Atlantic Beach to have no parking, at times, at their own residence, and
WHEREAS, the City Commission has determined it to be in the best interests of
the City and all of its residents, in the continuing efforts to maintain the residential
' character of the City, that certain public parking spaces on 10'h Street east of Beach
Avenue be leased to private property owners of units at Island Club Condominium to
provide them with private parking for their residences, and
WHEREAS, the City has created more than ten (10) additional public parking
spaces at Mandalay Park for beach access that replace the spaces on 10th Street east of
' Beach Avenue which will be leased to private property owners at Island Club
Condominium.
1
1
AGENDA ITEM#3A
AUGUST 23,2004
I
NOW THEREFORE, in consideration of the mutual covenants and promises set
forth herein, including payments to be made hereunder, and other valuable consideration,
the receipt and sufficiency of which is acknowledged by all parties, it is
IAGREED AS FOLLOWS:
I1. City hereby leases to Tenant the use of parking space # , as shown on
Exhibit A attached hereto, for an initial term of one (1) year beginning October 1, 2004,
and ending September 30, 2005, on the following terms and conditions:
I
(a) Tenant shall pay rent in the amount of $300.00 per year, plus any
applicable taxes, which amount shall be paid in full to the City on or
Ibefore October 31, 2004.
(b) If Tenant fails to timely pay the rent required hereunder, the right to
Ilease space# shall be cancelled, terminated, and forever
extinguished.
' (c) The City shall provide and erect all necessary signage to indicate the
reserved parking spaces, including the numbering of said spaces.
' (d) Tenant shall park only passenger vehicles in the leased space,
including cars, trucks, SUVs, motorcycles, and the like, and shall NOT
I park in said spaces any RVs, campers, trailers, boats, commercial
vehicles, and the like. The leased space shall be used by Tenant only in
connection with his or her residence at Island Club Condominium.
I (e) Tenant shall register his or her vehicles with the City.
I (f) Al] owners of units at Island Club Condominiums must participate in
the leasing arrangement and sign a Lease of Parking Space Agreement.
I 2. Tenant shall indemnify and hold the City harmless from any and all claims and
demands which may arise from Tenant's lease of parking # hereunder, including
any claims and demands for damages to third parties and/or their vehicles resulting from
ITenant having a vehicle towed or removed from his or her leased parking space.
3. Tenant shall not assign or sublet the parking space leased hereunder in any form
I or fashion, shall not mortgage or encumber said space in whole or in part, and shall not
suffer or permit the leased space or any part thereof to be used by others.
I 4. City has the absolute right to terminate this lease at any time upon giving thirty
(30) days written notice to Tenant at Tenant's address set forth above. In the event a
termination occurs during any twelve (12) month lease period for which Tenant has paid
Iin full, City shall reimburse Tenant on a pro rata basis for the unused period of said lease.
1 2
' AGENDA ITEM#3A
AUGUST 23,2004
1
' 5. The covenants and agreements herein contained shall, subject to the terms of this
lease, bind and inure the benefit of City and Tenant, their successors and assigns, except
as otherwise may be provided herein.
6. Tenant shall abide by such rules as may be established from time to time by the
City covering the use of said parking space.
' 7. After the expiration of the initial one (1) year specified in paragraph 1 above, this
lease will be automatically renewable on a yearly basis. City shall have the right to
increase the annual rent by not more than the average increase in property values in
Atlantic Beach as determined by tax digest..
8. This lease contains the entire agreement between the parties and shall not be
modified in any manner except by an instrument, in writing, executed by both parties and
their respective successors in interest.
1 9. This lease shall be construed in accordance with the laws of the State of Florida
and the City of Atlantic Beach.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF ATLANTIC BEACH, FLORIDA
1
By:
Witness print name: James IL Hanson, City Manager
Attest:
Witness print name: Maureen King, City Clerk
' TENANT:
1
Witness print name:
tWitness print name:
3
AGENDA ITEM#311
AUGUST 23,2004
August 16, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
' FROM: J' Hanson
City Manage
' SUBJECT: Follow-up port
' Sign at Amoco/BP Station; corner of Plaza and Mayport Road; On October 13, 2003,the
City Commission denied a request for a waiver from the city sign regulations to allow for a face
' replacement on the Amoco sign and the addition of a new logo cabinet sign at the gas station at
the corner of Mayport Road and Plaza Drive. The gas station owners placed a banner over the
top of the freestanding Amoco sign which does not comply with City rules. The city has received
several complaints on the sign in recent months. The owners of the gas station, Giant
Jacksonville LLC, has now been notified that, if the sign is not brought into compliance with the
city code within 30 days, they will be brought before the Code Enforcement Board which could
levy fines up to $500 per day.
Tree Trimming for Electrical Clearance on Sherry Drive; Complaints were received at the
' last commission meeting about the tree trimming that had recently been done by JEA's
subcontractor while working along Sherry Drive. The complaints included excessive trimming
that may not have been needed, improper trimming that may have damaged the trees
unnecessarily and improper removal of the waste. A letter was sent to the JEA forester in charge
of the operation. A copy of that letter has already been forwarded to the City Commission.
1
1
E
tAGENDA ITEM #4A
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
1 AGENDA ITEM: Monthly Financial Report
' SUBMITTED BY: Nelson Van Liere, Finance Director
DATE: August 17, 2004
' BACKGROUND: The Finance Department had as a goal this year to create and
provide a monthly financial report for the City Commission. This
report is intended to be a very high level summary indicating the
cash position of all the funds and the current status of the City's
budget year to date.
The cash is shown in two ways. The first schedule shows the cash
distributed among the various funds. The City has a pooled cash
system and all but the pension funds and the bond construction
funds are invested in the pool.
' The next schedule shows where the funds are invested. The City
currently has most of the funds invested in the State Board
Administration investment pool. This is typical for a city our size
and has been the city's choice for many years.
' The next sections of the report give the budget variances and a
short narrative on some of the larger variances. The budget
variances are calculated by comparing the year to date actual
revenues and expenses to the budget,prorated based on the number
of months elapsed.
' Also provided is a project activity report-showing year to date
expenditures along with a simple code to indicate the stage of
completion for each. More details of the projects can be obtained
' from the respective departmental reports. This report gives the
funding status that may or may not reflect the overall status of the
project. An example would be a project that has had good progress
' but the contractor has not invoiced the City and therefore we have
not paid. This would be indicated on the report as fiords not spent.
' BUDGET: No Budget Impact
RECOMMENDATION: Approve the July Financial Report
' ATTACHMENTS: July Financial Report
REVIEWED BY THE CITY MANAGER.
I AGENDA ITEM #4A
AUGUST 23,2004
I City of Atlantic Beach
FINANCIAL REPORT
JULY 2004
ICash Balances
Prior Current Dollar
I
Fund(s) 6/30/04 7/31/04 Change
General $5,853,362 $5,869,428 $16,066
ITree Replacement 13,720 13,720 0
Convention Development Tax 140,993 148,709 7,716
Local Option Gas Tax 350,381 290,726 (59,655)
' Better Jax 1/2 Cent Sales Tax 1,018,529 1,043,984 25,455
Police Training, Forfeit, etc. 32,150 35,308 3,158
Grants (16,466) (30,137) (13,671)
I Debt Service 56,640 62,624 5,984
Capital Project 39,755 39,796 41
Utility 3,947,739 4.068,218 120,479
I Sanitation 714,742 792,014 77,272
Storm Water 1,068,686 1,059,057 (9,629)
Bond Construction 271,650 268,737 (2,913)
Pension- Police (1,767) (5,012) (3,245)
I
Pension-General 44,309 59,868 15,559
Total $13,534,423 $13,717,040 $182,617
Total Restricted Cash $6,817,712
ITotal Unrestricted Cash $6,899,328
' Cash and Investments
Prior Current Dollar Rate of
' Account 6/30104 7/31/04 Change Return
I Bank of America- Depository $242,229 $60,150 ($182,079) 0.41
SBA 13,010,322 13,386,103 375,761 1.42
Cash on Hand 2,050 2,050 0 -
SBA-Bond Construction 279,822 268,737 (11,085) 1.42
ISubtotal 13,534,423 13,717,040 182,617
Suntrust-Pension-Police 3,948,266 3,857,494 (90,772) 7.40 (1)
I Merrill Lynch-Pension-Police 334,001 323,773 (10,228) 19.70 (1)
Suntrust-Pension-General 5,294,015 5,176,746 (117,269) 7.40 (1)
Merrill Lynch-Pension-General 688,549 667,464 (21,085) 19.70 (1)
ISubtotal 10,264,831 10,025,477 (239,354)
Total $23,799,254 $23,742,517 ($56,737)
I
L (1) FYTD rate of return through 6/30/04
' AGENDA ITEM#4A
AUGUST 23,2004
I City of Atlantic Beach
FINANCIAL REPORT
JULY 2004
' Expenses
Annual YTD -83% YTD Dollar Percent
'
Department/(Footnote) Estimate of Estimate Actual Variance Variance
' Governing Body $44,484 $37,055 $36,298 $757 2.04%
City Administration 1.930,491 1,608,099 1,434,856 173,243 10.77%
General Government(1) 2,366,747 1,971,500 1,159,650 811,850 41.18%
Planning and Building (2) 677,228 564,130 399,774 164,356 29.13%
'
Public Safety(3) 4,162,286 3,467,186 2,998,014 469,172 13.53%
Parks and Recreation 924,890 770,433 675,622 94,811 12.31%
Public Works (4) 5,693,899 4,743,018 3,966,016 777,002 16.38%
I Public Utilities(5) 7,627,547 6,353,747 5,668,499 685,248 10.78
Pension- Police 282,812 235,582 230,692 4,890 2.08%
Pension-General 344,297 286,799 253,631 33,168 11.56%
ITotal $24,054,681 $20,037,549 $16,823,052 $3,214,497
Annual YTD Estimate YTD Dollar Percent
IResource Allocation Estimate 83% Actual Variance Variance
Personal Services $7,316,636 $6,094,758 $5,756,537 $338,221 5.55%
I Operating Expenses 8,230,930 6,856,364 5,634,536 1,221,828 17.82%
Capital Outlay 4,651,398 3,874,615 1,917,311 1,957,304 50.52%
Debt Service 1,751,509 1,459,007 1,751,376 (292,369) -20.04%
Transfers 2,104,208 1,752,805 1,763,292 (10,487) -0.60%
ITotal $24,054,681 $20,037,549 $16,823,052 $3,214,497
' Analysis of Major Variances
I (1)The $811,850 positive variance in the General Government departments resulted
from delayed or deferred construction of various projects funded from this source
—See Project Schedule.
I (2)The $164,356 positive variance in the Planning and Building departments reflects
the grant-related expenses budgeted for the CDBG drainage project that is
currently awaiting re-bid award.
I (3) The $469,172 positive variance in the Public Safety departments is due to
position vacancies and / or turnover. In the Detective division, some expenses
budgeted are being charged to one or more of the Police Grants. Grant
I expenditures budgeted to be spent will be expended by the end of the fiscal year.
(4) The $777,002 positive variance in the Public Works Departments was primarily
the result of the Hopkins Creek drainage improvement project land purchase and
I construction has not yet begun.
(5)The $685,248 positive variance in the Public Utilities departments was due to: 1)
a reduction in infrastructure repairs and maintenance; 2) no contractual obligation
I to pay the City of Jacksonville for the right-of-way franchise fees; and 3) delayed
or deferred construction of various projects funded from this source.
t
' AGENDA ITEM #4A
AUGUST 23, 2004
City of Atlantic Beach
FINANCIAL REPORT
JULY 2004
I
Project Activity
I
YTD YTD YTD
Project Name Budget Actual Balance Status
I General Government:
City Hall Expansion $363,450 $54,735 $308,715 B
Subtotal 363,450 54,735 308,715
I Parks and Recreation:
Veteran's Memorial Park 10,477 10,477 C
Skateboard Park 88,574 2,324 86,250 D
I
Subtotal 99,051 12,801 86,250
Public Works:
Core City Project 406,300 149,551 256,749 I
Core City Sewer Improvements 17,673 17,673 C
ICore City Water Improvements 60,758 60,758 C
Plaza Entrance/Post Office 67,200 67,200 R
Hopkins Creek Basin Pond 730,465 24,711 705,754 E
I Town Center-Phase III 141,845 140,544 1,301 C
Mayport Road Medians 231,000 8,676 222,324 R
Drainage-George& Dudley Streets 121,403 11,845 109,558 D
I Sidewalk Replacements 50,000 13,144 36,856
Bike Paths on Seminole and Plaza 217,650 15,082 202,568 D
Welcome Sign and Landscaping 18,800 18,800 R
I Concrete Pipe-Country Club Lane 84,056 84,056 C
Subtotal 2,147,150 526,040 1,621,110
Public Utilities:
Sludge Holding Tank at WWTP2 58,053 57,980 73 C
'
Rehabilitate Well 5 at WTP3 19,257 19,257 C
Replace Well 2 at WWTP1 178,405 142,117 36,288 E
Security UpgradeNyater Plants 105,000 105,000 B
I Water Main-Ocean, Ahem-8th 14,912 14,912 C
Telemetry at Lift Stations 120,000 14,406 105,594 E
Switchgear at WW TPI 24,984 24,951 33 C
I Headwork Improvements at WWTP2 199,500 11,150 188,350 D
Influent Screens at WWTP2 35,625 35,625 C-
Relocate Elevated Storage Tank at WP2 257,030 185,537 71,493 I
Water lnterties-AB & BUC 13,991 13,959 32 C
'
Fencing at WP2 and WTP3 6,594 6,053 541 C
Water Main - Park and Dudley Streets 111,489 100,342 11,147 C
Shelves at 902 Assisi Lane 8,000 3,414 4,586 C
I Sewer Rehabilitation Mini-System B 150,000 29,377 120,623 D
Security Upgrades at WWTPs 40,000 29,554 1Q446 C
Sludge Holding Tanks at WWTP2 95,000 85,190 9,810 C
I Utility Relocation-Wonderwood Connector 117,258 117,258 C
Subtotal 1,555,098 773,624 781,274
Total $4,164,749 $1,367,400 $2,797,349
IStatus Key
B-Bid Awarded E - Design Phase
I C -Project CompletedI - Project In-progress
D -Design Completed R - Re-budget Next Fiscal Year
IAGENDA ITEM#4A
AUGUST 23,2004
City of Atlantic Beach
IFINANCIAL REPORT
JULY 2004
IRevenues
Annual YTD -83% YTD Dollar Percent
IFund/(Footnote) Estimate of Estimate Actual Variance Variance
General (1) $8,894,927 $7,409,472 $7,818,343 $408,871 5.52%
' Tree Replacement 3,000 2,499 (2,499) -100.00%
Convention Development Tax 77,000 64,141 67,308 3,167 4.94%
Local Option Gas Tax 508,870 423,889 390,444 (33,445) -7.89%
I Better Jax 1/2 Ct Sales Tax (2) 605,442 504,333 600,437 96,104 19.06%
Police Training, Forfeit, etc. 33,250 27,697 30,819
3,122 11.27%
Grants(3) 433,342 360,975 135,237 (225,738) -62.54%
I Debt Service
Capital Project 72,086 60,048 59,740 (308) -0.51%
51,221 51,221 100.00°/
Utility(4) 6,519,477 5,430,725 5,198,036 (232,689) -4.28%
Sanitation 1,259,000 1,048,747 1,073,692 24,945 2.38%
I Storm Water 1,755,265 1,462,136 1,501,597 39,461 2.70%
Bond Construction 5,341 5,341 100.00%
Pension -Police 467,587 389,500 396,031 6,531 1.68%
I Pension-General (5) 686,518 571,869 702,147
130,278 22.78%
Total $21,315,764 $17,756,031 $18,030,393 $274,362
I
IAnalysis of Major Variances
(1)The $408,871 positive variance in the General Fund resulted from 90% of the
estimated property taxes being received from the Tax Collector by March 2004.
I (2) The $96,104 positive variance in the Better Jacksonville Half Cent Sales Tax Fund
was due to higher than anticipated sales and earlier than expected receipt of the
grant reimbursement from the Florida Inland Navigation District for the Dutton
IIsland Park construction.
(3) The $225,738 negative variance in the Grant Funds was due to timing of
Ireimbursement receipts from the grantor agencies.
(4) The $232,689 negative variance in the Utility Funds was due to approximately
$408,000 lower than anticipated water and sewer sales, offset by a $175,000
' positive variance in sewer impact fees.
(5) The $130,278 positive variance in the Pension Fund - General was a result of
conservative budgeting for investment earnings. A similar variance occurred in
I
the Pension Fund - Police, but Section 185 premium income was not yet
received, thereby offsetting the effects of the investment earnings variance in that
Fund.
I
I
I
AGENDA ITEM#4A
AUGUST 23,2004
Z C
IO0 . o m I
N •- coN IO IO N 0 CO N N MI0 CO I INNI LINO
1 I U O NI O " r N 0 r
>- _i . I Z
'aCo j a _— 5 1
! 1? o a 0400 1- a d wl
IQ N In 1 Z Z K re Z Z O O Z 0 W Z >
•
i a0I- -4 ZwDO W O � 20d °I Fanw
0 F } 7 0 _1 -1 W LL' W 50059- O W a
N m o w C 2 i- r! m N O 4 2 I- K O
I
IM I
0 0 0 0 0 00 0 0 0 0 0 0 o O 0 0 0 0 0 0 O O 0 0
• Lu 0 0 0 o O W 0 0 0 0 0 0 o I O
d e v . o CI v D 1`i d o• w o •0 o 0 o o vi ri O
Q O n < aI- - Q a. O y0j O N. COCm t0+1 e0- 01 O m 10'f a)
Q 010 0. 0;0 a > 0 0 T r. m m N lo
oi 1-' .1-*C O e)• I M
1 co w Or bill V Iy 6l P 1"i
A
O Q O Y I v:Vat - O r to
II' Q = 0 D N
W W } 01 R
i0 ; z• 7
[} rot w 69 69 wa w LL U w w w w w w w w w w www W
OU 0 1
J CO 7 00000 0
I .7 01 X ae ao et: a r e vi 2
} 1- 17 O b CN) Z INO SI I 1
- J N co - .- Z I
Z O z g • naam0 m
•
ONm.17,_ „ N 20 -
12 7U pmar rr r � __
- I- W I-. O 0 0 0 0 0 0 00 O' O O O O O o o 0000
0 0 0 o o 0 0 o O o 0 0 0 0 0 0 0 0 O
oZ Q } W 0 w o of n o 0 n o tato a o of o o o r to a 0
C co N V m ' INO' N N o n 0 o Cl N a CO 0 O _ motto ID 10
N a
O CO a to a . W VII F • ,
00 CO 3 CO
U. Q ~ W
— z•, >-- c a w w w w w w w w w w w w w w w w wawa 40
a it ziZo 0-
Ce' Ow "a • 1101 al ?LI 0 1
O' u) 11. pN 0NoI .N- F
�•/� a. LL )- M
••• (f
X cr M W • N N C) r w • 1 r • N N H 4 W N t7 r Yl r e 021102
d w o a r
E al R a. to m to 41 e Q
nN
p z U a • r z
z a
y— i
Z w J
J
W Op n w
a0 •
rn 0 1 HOOC
}1YOI ~1 J
r a sl J OWJ
x ¢ s OO JJ > G. dZ
0 0 � I-
1UU OYw
a n U I a U0
tu JFO � Z QUU � UCKZ gWOO
KoO Wzw
0 '0•1111KW ? OWO'F �
w R30W
i C w 0 K UIO 0 0 a1U01LL 7ICInO 3 _
w a 2 a K UJH co o 30
AGENDA ITEM#4B
AUGUST 23,2004
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Re-Bid CDBG 2004/Drainage Improvements at George and
Dudley Streets
SUBMITTED BY: Rick Carper, P.E.
Public Works Director
DATE: August 23, 2003
BACKGROUND: The CDBG 2004-Drainage Improvements at George and Dudley
Streets project was re-bid due to the fact that the only bid received
(Jensen Civil Construction) was substantially over project budget.
New bids were due and opened on July 28, 2004. Two firms
submitted bids for the Project Re-Bid:
' Jensen Civil Construction $127,095.10
Walding Company $107,723.00
- - -- -- - - The City of Jacksonville(CDBG Sponsor)recommended the
contract be awarded to Jensen Civil Construction based on their
Section 3 Federal funding criteria submittal. However, Staff is
' recommending Walding Company based on their low bid, and
written assurance (attached) stating they will comply with all
documentation required by the City of Jacksonville for this CDBG
project. The City of Jacksonville has been informed we are
recommending the low bidder for this project.
' RECOMMENDATION: Award the contract to Walding Company for $107,723.00.
' BUDGET: Source of funds is CDBG Grant FY 2004 grant. Account Number
110-1005-515-6300, Project number PW-0402 balance is
$106,162.28. The balance ($1,560.72) will be funded from the
Public Works Stormwater account, 470-0000-538.
' ATTACHMENT: Bid Analysis.
Letter from Walding Company dated August 16, 2004.
Section 3 Proposal submitted by Walding Company.
REVIEWED BY CITY MANAGER:
I AGENDA ITEM#4B
AUGUST 23,2004
I
III
•
I• I
I o 0l0 0 0 0 Oto O O0 o 0 0 0 0 0 01 o o'�,o
o a 0 010 O 0 019 0 0 0 O O o 0 0 0 0 0 0
~ O 010 610 0 O 'N O 0!0 O O O O O O' D o o
Z HO b10 N N N N O O b 0 0 010 0 0 Of o N
J 0 cn lO Q O co co O Y N N n O s Q NI CO N n
�i �l � wlw' w 'w11 w ` � w
' 0Zwwwlw SI b 0) 69• � w6-9.
❑'W•0 0 0 0 0 0!i0 0 818 0 0 8'8 8'8 0 0
a 0 O s 0 0 N16 0 Ntt316 o b O 040'(0 OI93
IalNVi 69 0 ,O N N O N b O OI
m r 0. 69 w'O w1wn 0-- CC !
r- w a w w w
w
D 1
1' Fo�0000001000000000000o 0
c2 OOlob10OoObOOO0OObOO
b
I D ZO N o OI O co co m W to N b Wrm P O a On 6 6
J
I 219 073w wwOII6, ..; a w w �P,w1'.. wN -sL • -
Ni
Ow
U Q w .-Iw
691 w
J'
b > 0 0 0 0 0 0 0 0 OI
0O O b O O O O O
' ~ U W O O O 0• o o O O O O O O n O O O O O
Wz U O,0 l0 ,- 0 0 0 0 VI O V) N O N CI O 0
F W - O O ' I
O N Co bib n 0) w O n W b w
NNd o'in wo LI Li mww mw
1 C9
5' SI Cw
I
Il043
l I❑ J
J
[D
co F N (f)ILL O- COLL L.L. Q Q LL LL Q W N }i W
W Z J _1!_i0 J J J W W JW I W J WW 4J OJ W W W'
J
W ^ e- O H O
r- di
r y1�0I yOj H .- N N ,- a
NI
Z
W •
0
K m
g o
Wy
N N
Z
1 112 5
y `•
90 `
a 01
Nm a
mC ❑
3 C.dal rV y N Oo
• ry' 1m w b aE VEa.1 7U ~° U ~ ooyv
11 3 a c o LL
mi 1° aa w dU Wwv Ria a
co
'2 6- T a 2 �.m N d a 22 >. ll E m � m
w 0 ❑ ❑ O�.UN0 U r 3 of[ mam
j c y m )< n N a n � v a v O > n 41 a' 0 0)0
z M co (0 W 0 F F CO b iV iV ❑LL ❑ cZ - W, I- 1- f
Q
❑1 a N N Oco nl0 O O IN O O b bin 06
I
m
AGENDA ITEM#4C
AUGUST 23,2004
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Extension of Electrical Troubleshooting and Repair Annual Contract
Bid No. 0203-21
SUBMITTED BY: Donna Kaluzniak, Utility Director I �
DATE: August 9, 2004
BACKGROUND: On July 30, 2003, bids were opened for the City annual contract for Electrical
Troubleshooting and Repairs. The low bidder was Brooks& Limbaugh Electric Co.,Inc. (Brooks&
Limbaugh). They successfully met all bid requirements.
Brooks &Limbaugh has performed electrical troubleshooting and repair work for the City since 1983.
This work requires specialized skill, experience and equipment. Brooks& Limbaugh's personnel have
' the required background, knowledge,experience and equipment. The fees charged by Brooks&
Limbaugh for labor and materials have been very reasonable and competitive.
City has spoken to Brooks & Limbaugh regarding an extension of their current contract for one year at
the current rates and they have agreed. As per Bid No. 0203-21: "The City reserves the right to renew
the contract for two additional one-year periods pending a mutual agreement between the City and the
Ivendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
BUDGET: These services are used on an as-needed basis, and funding is included in the Water and
' Sewer Funds in the amount of approximately $80,000 under account numbers 400-5502-533-3400,
410-5506-535-3400, and 410-5508-535-3400.
' RECOMMENDATION: Extend the Electrical Troubleshooting and Repair contract for one
additional year to Brooks& Limbaugh Electric Co., Inc. at the contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Brooks-Limbaugh.
REVIEWED BY CITY MANAGER:
1
1 ' AUG-05-2004 THU 03 37 PM ATL. BCH, PUBLIC WORKS FAX N0. 904 247 5843 - AGENDA ITEM#4C
r 1 AUGUST 23,2004
I 1
rt= L��fj r DEPARThIEN4 OR PUBLIC WORKS
1 L 1200 FLORIDAPRE LAN2
J q is is ATLANTIC BEACH.F32233.431S
s '°�'Y TELEPHONE: (905)247-5834
_S) FAX. (900)357-5343
riA;
""' 5l7NCOh1 352-5375
, � ' Y Napo/www ci atlantic-beach.II us
I
I
August >, 2004 FAX: 249-0703
Mr. Alex Limbaugh
1 Brooks Limbaugh Electrical Co., Inc.
RE: Extension of Bid No. 0203-21
1 Dear Mr. Limbaugh:
1 As you are aware, the annual contract with the City of Atlantic Beach for Electrical
Troubleshooting & Repair expires August 31, 2004, We would like to extend the
contract for another year at the current prices, if this is acceptable to your company.
If acceptable, please sign below and return to me August 10, 2004, so t can prepare a
1 staff report for the City Commission.
We look forward to recommending that we continue our contract with your company.
I .
Sn
d
1 s,
Donna Kah iak
Utility DirectorI -
BROOKS LIMBAUGH ELECTRICAL CO., INC. AGREES TO,EXTEND THE
CONTRACT WITH THE CYtY OF ATLANTIC BEACH AT THE PRICES
I SUBMITTED IN BID NO. 0203-21 FOR AN ADDITIONAL YEAR EFFECTIVE 4-
SEI TF.MB • I,2004.
I $i1 1in b, UP. 8- 6-0(f-
Alex Limba gh 0 Date
I
I
AGENDA ITEM#4D
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Extension of Annual Contract for Sewer Cleaning and Televising
Bid No. 0203-14 rr
' SUBMITTED BY: Donna Kaluzniak, Utility Directo1
DATE: August 5, 2004
BACKGROUND: On April 30, 2003,bids were opened for the City annual contract for Sewer
Cleaning and Televising for lines greater than 5000 linear feet. The low bidder meeting all bid
' requirements was Equitas Sewer Services, Inc.
City has spoken to Equitas Sewer Services regarding an extension of their current contract for one year
at the current rates and they have agreed. As per Bid No. 0203-14: "The City reserves the right to
renew the contract for two additional one-year periods pending a mutual agreement between the City
and the vendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
' BUDGET: These services are used on an as-needed basis, and funding is included in the Sewer
Fund in the amount of$25,000 under account number 410-5506-535-3400.
' RECOMMENDATION: Extend the Sewer Cleaning and Televising contract for one additional year
to Equitas Sewer Services., Inc. at the contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Equitas Sewer Services.
' REVIEWED BY CITY MANAGER:
1
1
t
' AGENDA ITEM#49
AUGUST 23,2004
' ALG-05-2034 THU 0831 All ATL. BCH. MAIC WORKS FAM NU. 904 297 5843 Y. UI
g RTM
DEPAENT OF PUBLIC WORKS
y1 1200 SANDPIPER LANE
ATLANTIC BEACH,FLORIDA 33233.4318
+� TELEPHONE 03W3414834
FAX (904)247.5843
SVNCOM:B5245134
hap!/www.dza4neckc9ch.a.us
August 4, 2004 FAX: (4071849-1812
Mrs. lady Anderson
Equitas Sewer Services, Inc.
RE: Extension of Bid No. 0203-14
Deaf'Mrs. Anderson:
' As you ere aware,the annual contract with the City of Atlantic Beach for Sewer Cleaning
&Televising expired May 31,2004. We would like to extend the contract for another
' year at the current prices,if this is acceptable to your company.
If acceptable,please sign below and return to me August 10,2004,so I can prepare a
staff report for the City Commission.
' We look forward to recommending that we continue ow contract with your company.
' I lY,
gair
Donna K. umiak
Utility Director
EQUITAS SEWER SERVICES,INC.AGREES TO EXTEND THE CONTRACT
WITH THE CITY OF ATLANTIC BEACH AT THE PRICES SUBMITTED IN
BID NO.0203-14 FOR AN ADDITIONAL YEAR EFFECTIVE JUNE 1,2004
'
on % 04
on Date
t
AGENDA ITEM#4E
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Headworks Improvements at Wastewater Plant#2
Bid No. 0304-9
SUBMITTED BY: Donna Kaluzniak, Utility Director��
DATE: August 13,2004
' BACKGROUND: This project was to reconfigure the headworks at Wastewater Plant#2
' (739 Renault)to utilize two hydroscreens in place of the non-functional grit removal system.
This is a high priority project,as grit and debris entering the plant creates wear and can cause
unexpected outages of downstream equipment, which could result in inadequate treatment and
possible DEP violations.
Bids were advertised, and invitations sent to 5 contractors. Two contractors prequalified,
' however only one contractor submitted a bid, complete with all required documentation:
Gruhn May, Inc. Total Base Bid plus 10% Contingency= $329,862.50
BUDGET: A total of$188,350 is available for this project in the Sewer Fund under account
number 410-5508-535-6300,making the bid price$141,512 over budget.
RECOMMENDATION: Since this is such an important project, staff recommends rejecting
' the bid,re-budgeting the project for next year in the amount of$330,000,and re-bidding the
project after the start of the next fiscal year.
' ATTACHMENTS: 1. Bid tabulation form.
REVIEWED BY CITY MANAGER:
1AGENDA 2^
AUGUST 23,I
I
II
C
0
`o = 0 . —
to I �los }
I
\ G : G }
0 ° • - • - - - • A 43 inCOE
! \ : � �o
� \ \
) /
al
I � c
_ co
Tsi_ {
I cc
o
o
/ {/ To 0( !/ .
I to
I {_ ` ( cocu
o Cr \ \ Et } \ CO
\ \ -a / \ ; k co
t / 0 ° : — —
\ 7 ) \ LLI
* : : _ m U
e : k { \ = \ \ § 0 —J
I ■ F # 2 / e / / _ » . J §
I
I
AGENDA ITEM#4F
AUGUST 23,2004
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Lift Station SCADA, Bid No. 0304-21
SUBMITTED BY: Donna Kaluzniak, Utility Directo)
DATE: August 13, 2004
BACKGROUND: The central SCADA system has been installed at the water and wastewater
plants. This project is to extend the SCADA system to lift stations on a phased approach. The
' first phase is to install SCADA equipment at 12 of the 29 lift stations.
Bids were advertised and invitations sent to 6 firms. Two firms submitted prequalification
' packages that met requirements and attended the mandatory Pre-Bid Meeting. Bids were opened
on August 11,2004. Both bidders submitted all required documents:
Control Design, Inc. Engineer Services Corp.
Total Base Bid $82,555.00 $122,950.00
Ten Percent Contingency $8,255.50 $12,295.00
Total Base Bid plus Contingency $90,810.50 $135,245.00
BUDGET: A total of$105,593 is left in the budget for Lift Station SCADA in the Sewer Fund
in account number 410-5506-535-6300.
RECOMMENDATION: Award the contract for Lift Station SCADA to Control Design, Inc. in
the amount of$90,810.50.
ATTACHMENTS: 1. Bid tabulation form
REVIEWED BY CITY MANAGER:
1
1
i
IAGENDA ITEM#4F
AUGUST 23,2004
I
I d
to
o o
' Z o e a o
e
W O uo • a
p x X x x x x x X m r N
d h.• d N N M
' C O
p U w a w
W
1
Cu
' o
In
c Q
d o W O N N O
N
a X X X X K X K X N 103 N m
11).E-
)70
w " O m co m E
' F c u y� w .0 o
d U
13
w U
� Nv m
CO ¢ o
CO ❑ N N
-o Ur T
c r alC
CU Z x ¢
Q QT C
�� < r
Uu a
H d
I LL . ❑
J c
O
N c !cc d
co
I
O O d 3-• a
t V Z O
U C d d W d
U Npa o Z ¢
d• d d N ve N Z "O
I E
c m E o z W
I ° o m ¢ oo „, u o
d N K o > c 0 o
w o v . m u ,. E e co
V- C E o LL a '?%, d 0 j
E. 3 U 'o u E d rn = .',' t U a
' d C S
a mj F Q 0 I0 0 o Q
d d p c Q Tf
NOC tO o' N w O " T > T.
❑ O C c oc o R 0 U i" ¢ d ¢
el
d _d a U :: U y In E co
co d O d E L N J d J
E� E c fO d n d ¢ O. ¢
•
a a ' c E o c S3pari
c �-
,Q d 7 a a O O ) O p.
' m Z w 0 m E 0 0 in Z OF f OF
I
AGENDA ITEM aaA
CITY OF ATLANTIC BEACH AUGUST 23,20N
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: MAINTENANCE AGREEMENT CONTRACT RENEWAL WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT)
SUBMITTED BY: Rick Carper,P.E.
Public Works Director
DATE: August 23,2004 let
BACKGROUND: We have reviewed the new Maintenance Agreement for maintaining the
following areas:
' a) State Road 10(Atlantic Boulevard)—both sides,from Third Street to
Mayport Road,and the north side only from Mayport Road to the
' Intracoastal Waterway Bridge,with the exception of the FDOT
retention pond. (The south side of Atlantic Blvd from Florida Blvd.to
the Intracoastal Waterway Bridge is included with Neptune Beach
' Agreement with FDOT,except for street sweeping which is included in
this agreement).
b) State Road 101/A1 A(Mayport Road)—from Atlantic Boulevard to
Assisi Lane(both sides).
' c) Flyover—areas within Atlantic Beach,including the retention pond on
Mayport Road between West 41h&West 5ih Street,and the retention
pond at the end of Begonia Street off West I° Street.The sweeping of
the flyover ramp will continue to be done by FDOT crews.
1 d) Ditch between Saratoga Circle North and Forrestal Circle South—from
Mayport Road to Atlantic Boulevard through Aquatic Drive,
e) Ditch from Fleet Landing—running north-northwest along Mayport
Road,terminating at the salt marsh.
' Maintenance work involves street sweeping,mowing, litter removal,
edging,tree trimming and pruning.
This Renewal Agmement is for(1)one year beginning October 1,2004
through September 30,2005.The total annual amount,which the City of
Atlantic Beach receives from the FDOT for performance of this
maintenance, will be$50,000.00. The areas maintained and the amount
received is the same as last year.
t RECOMMENDATION: We recommend approval of this Agreement and that the Commission pass
a Resolution for the new contract,as required by the FDOT.
ATTACHMENTS: Resolution No.04-01
Letter from Florida Department of Transportation
FDOT-Agreement for Maintenance(5 copies for signature)
' Maintenance Activities Attachment"A"
REVIEWED BY CITY MANAGER: _
■
AGENDA ITEM#6A
AUGUST 23,2004
1
' RESOLUTION NO. 04-09
1 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE
' CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on May 16,2001,the City executed an agreement with the Florida Department
' of Transportation to provide maintenance on certain streets throughout the city; and
WHEREAS,the City desires to maintain landscaped areas on Atlantic Boulevard and Mayport
' Road at the new Mayport Road flyover; and
WHEREAS, the additional areas to be maintained are identified in Attachment "A" of the
attached agreement.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1. The Mayor is hereby authorized to execute the Agreement for Maintenance
with the Florida Department of Transportation on behalf of the City of Atlantic Beach.
SECTION 3. This Resolution shall take effect immediately upon its final passage and
' adoption.
PASSED by the City Commission of the City of Atlantic Beach this 23rd day of August,
2004.
John S. Meserve
ATTEST: Mayor, Presiding Officer
' Maureen King
Certified Municipal Clerk
Approved as to form and correctness:
' Alan C. Jensen, Esquire
City Attorney
1
I AGENDA ITEM#6A
AUGUST 23,2004
I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375020.23
CONTRACT RENEWAL CONTRACTS ADMINISTRATION
OGC-Oaee
' Contract No.: 60371
Financial Project No(s).: 41021617210
WPI No(s).:
'
County(ies): Duval
Renewal: 0 First @ Second
IThis Agreement made and entered into this day of , by and between the State of
(TMs date to be entered by DOT only.)
Florida Department of Transportation, hereinafter called "Department", and City of Atlantic Beach
of 800 Seminole Road, Atlantic Beach, Florida 32233-5445
I hereinafter called "Contractor".
IWITNESSETH:
WHEREAS, the Department and the Contractor heretofore on 9/12J2002
entered into an Agreement whereby the Department retained the Contractor to perform Maintenance
responsibilities within the exisiting limits of the state highways and to maintain the aesthetic appearance of the City as
I
identified in Attachement"A"
; and
' WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
INOW;THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement dated 9/12/2002
for a period of one year beginning the 1st day of October , 2004 and ending the 30th
Iday of September , 2005 at an annual cost of$ 60 ono no Fifty thousand dollars
and no cents. specified herein.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
' IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized officers on the day,
month,and year set forth above.
ICity of Atlantic Beach (SEAL) STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Name of Contractor
BY: (SEAL) BY:
Authorized Signature District Secretary or Designee
' Title: •
Title: Director For Transportation Operations
Attest:
ILegal:
Surety Date
I
Fiscal:
By: Approval as to Availability of Funds
Date
Countersigned:
IResident Florida Agent Date (SEAL)
I
IAGENDA ITEM#6A
AUGUST 23,2004
__iy c!Atlantic Beach Agreement/or Maintenance(July 2002)
Maintenance Activltlm
Attachment-A'
/11 3Yb use Ynewahine magnify.smell
Mewing ..tiw n.trimming Crwmm, "gieg
Road 5b..l Mann From Ta R.mavn "'mng t (meet Gn
W Lml Mbml Ml..nl (*GM a Imel wlo.l llmalI g
10 MaNk a,d. 'e Ball end InvacoastalWaterway are Street E03 4.91 0.78 10.300.54 - 1 00
Bridge
101
101 Meryon Rd.
morn,'Rd. Atlantic Bard.
®sYalgOa clr.sg. Aaabi Rd. 4.59
3.42 6.70 0.50 2!e
1.07 - 480
00] OW o.30 9]5
101 Meypan Rd. Oath®Flex Landing Blvd. -
' AlA AlA OIIN C Fleet Lending Blvd, 1.19 1.15 ]L0
Retention Pond"B'o1 Maypa 1]0 0.75 0.30 15'4
4U1530.SL Rd. _
' ®BeOmu Relanuon Pond'C ort Atlanto 0.57 0.36 2.75
Blvd.
I
I
•
-
Totals1a.2e 0.50 10.05 451 le O 1 00 21 77
I
Cycles Per Year 9 9 4 12 2
TOW WA.Per Year 195.35 7.20 9.65 16.05 202.74 4154
IUnit Cost 15.00 550.00 575.00 5175.00 23+59 3.520.100
Total Cox Per Year 11.552.6e 002.00 16.600.63 33,155.40 111.405.37 $1.500.00 17.100.00 122.61440
I Ovenll
Yeady 1134004.oi
Cost
I
ouanent
Amount 312.500.02
I ' This agreement does not include maintenance in the following areas:
I) the south side of Atlantic Boulevard from the Intracoastal Waterway (ICW) Bridge east to
the Mayport Road intersection
2) two ponds on the north side of Atlantic Boulevard located just east of the ICW Bridge
adjacent to the marsh
I
I .
I
I •
' AGENDA ITEM #7A
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: First reading of Ordinance 31-04-04 to enact EAR-based amendments
to the 1990 Comprehensive Plan
SUBMITTED BY: Sonya Doerr, AICP JC
Community Development Director
DATE: August 11,2004
' BACKGROUND: The EAR-based Comprehensive Plan amendments must be adopted by
ordinance with one final public hearing scheduled for September 13, 2004. Following adoption,
the City will forward the adopted Comprehensive Plan to DCA, and assuming there are no
further objections or challenges to our amendments, DCA will within 20 days publish a Notice of
Intent (NOI) to issue a Final Order finding the EAR-based amendments in compliance with
Chapter 163, at which time the amendments will become effective.
1
1
BUDGET: No budget issues.
RECOMMENDATION: Approval upon first reading of Ordinance 31-04-04. Second reading
and Adoption Public Hearing scheduled for September 13, 2004.
ATTACHMENTS: Proposed Ordinance 31-04-04. (Final draft of adoption document has
been previously provided to the Commission and remains available for
' inspection at City Hall from t e Building and Zoning counter.)
REVIEWED BY CITY MANA •
■ August 23,2004 regular meeting
' AGENDA ITEM#7A
AUGUST 23,2004
ORDINANCE NUMBER 31-04-04
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005
FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48,
' AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND
APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS,
OBJECTIVES AND POLICIES (COPS) OF THE COMPREHENSIVE
' PLAN; ESTABLISHING THE 2005 - 2015 FUTURE LAND USE MAP;
PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT;
FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE
DATE.
' WHEREAS, Chapter 125 and Section 163.3161-163.3215, Florida Statues,
empowers and requires the City Commission for the City of Atlantic Beach, Florida
prepare, implement and enforce Comprehensive Plans and Land Development
Regulations (LDRs) for the regulation of development within the City; and
WHEREAS, Section 163.3184, Florida Statues, establishes the process for the
adoption of the Comprehensive Plan or Amendment; and
WHEREAS, Section 163.3187 (6) (a), Florida Statues, provides the amendment
' of the Comprehensive Plan to implement the recommendations of the Evaluation and
Appraisal Report (EAR), referred to as EAR Based Amendments; and
' WHEREAS, Rule 9J-11, Florida Administrative Code, establishes procedures for
the adoption and submittal requirements of the EAR-based Amendments; and
tWHEREAS, after required notice was published, public workshops and public
hearings were held, in accordance with Section 163.3184(15), Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The purpose of this ordinance is to amend the
' Comprehensive Plan for the City of Atlantic Beach, as adopted by Ordinance 95-90-48
on December 13, 1990, and to provide for the orderly growth of the City and to exercise
the authority and perform the duties as required and set forth within Sections 163.3161-
163.3215, Florida Statues.
Page 1 of 3 Ordinance 31-04-04
' AGENDA ITEM#7A
AUGUST 23,2004
' SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163,
Florida Statues, and the Florida Administrative Code, Rule 9J-5 and 9J-11; and the
Constitution of the State of Florida, as may be amended from time to time.
' SECTION 3. ADOPTION OF MAPS. The Future Land Use Map and all Maps
included within the 2015 Comprehensive Plan Map Series are adopted as part of this
Comprehensive Plan amendment. In the event of any conflict between any Maps and
the text of the Plan, the text of the Plan shall control.
' SECTION 4. FINDINGS OF CONSISTENCY. The City Commission for the
City of Atlantic Beach hereby finds that the amendments to the 2005 Future Land Use
Map and the EAR-based Amendment to the Goals, Objectives and Policies of the 1990
Comprehensive Plan are: (i) as a whole consistent with the State Comprehensive Plan,
' Section 187.201, Florida Statues; (ii) as a whole consistent with the Northeast Florida
Strategic Regional Policy Plan; (iii) as a whole consistent Sections 163.3161-163.3215,
Florida Statues; (iv) as a whole consistent Florida Administrative Code, Rule 9J-5 and
' 9J-11; and (v) consistent with other provisions or parts of the City of Atlantic Beach
Comprehensive Plan, as first adopted by Ordinance 95-90-48.
SECTION 5. FINDINGS OF FACTS. These amendments are based upon the
Evaluation and Appraisal Report of the City of Atlantic Beach Comprehensive Plan as
'
adopted by Resolution 03-03 on February 24, 2003, and also the review, process and
coordination efforts between the City of Atlantic Beach and other State of Florida
agencies including, but not limited to; the Department of Community Affairs, Northeast
' Florida Regional Council, St. Johns River Water Management District, Florida
Department of Transportation, Florida Department of Environmental Protection,
resulting in the adoption of these EAR-based amendments in consideration of the
' Objections, Recommendations and Comments (ORC) Report as provided by the
Department of Community Affairs.
' SECTION 5. SEVERABILITY. It is declared to be the intent of the City
Commission for the City of Atlantic Beach, that if any provision, paragraph, or section of
' this Ordinance is for any reason finally held invalid or unconstitutional by any Court of
competent jurisdiction, such provision shall be deemed separate, distinct and
independent and such holdings shall not effect or alter the remaining provisions.
SECTION 6. EFFECTIVE DATE. The EAR-based amendments shall become
' effective on the date the State Land Planning Agency issues a final order determining
the adopted amendment to be in compliance, or on the date the Florida Administration
' Commission issues a final order determining the adopted amendment to be in
compliance in accordance with Section 163.3189, Florida Statues, and upon filing of
certified copy of this Ordinance with the Secretary of State.
E Page 2 of 3 Ordinance 31-04-04
' AGENDA ITEM #74
AUGUST 23,2004
Passed upon first reading by the City Commission of the City of Atlantic Beach
this 23rd day of August, 2004.
Passed and adopted upon final reading and public hearing this 13rd day of
September, 2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
' Attest:
MAUREEN KING
City Clerk
1
1 Page 3 of 3 Ordinance 31-04-04
NAGENDA ITEM 476
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: First reading of proposed Ordinance 65-04-33 related to the
protection of clear sight distance and safety zones at street
intersections and along sidewalks
' SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: August 16, 2004
BACKGROUND: As requested at the August 9th meeting, attached Ordinance 65-04-33,
will amend Section 19-5 (b) to expand the "safety zone" to include areas that may be on
private property adjacent to sidewalks and street pavement. Diagrams, which depict required
clear sight triangles, are also included.
1
1
BUDGET: No budget issues.
' RECOMMENDATION: Approval upon first reading with public hearing and adoption set
for the September 13, 2004 meeting.
' ATTACHMENTS: Proposed Ordinance 65-04-33, ame ding Section 19-5.
REVIEWED BY CITY MANAGER:
August 23,2004 regular meeting
t
' AGENDA ITEM#7B
AUGUST 23,2004
' ORDINANCE NUMBER: 65-04-33
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER
65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES,
SPECIFICALLY SECTION 19-5, INTERSECTIONS: SIGHT DISTANCE
REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
' FLORIDA:
SECTION 1. Chapter 19, Streets, Sidewalks and Other Public Places, specifically
' Section 19-5, Intersections: Sight Distance Requirements and Safety Zones, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment
shall read as follows.
' Sec. 19-5. Intersections: Sight Distance Requirements and Safety Zones.
(a) Sight Distance Requirements. For purposes of this Section, Defined Intersection shall
mean any intersection, which has a City-owned or maintained road, street, or any other
roadway, as one of the roadways comprising the intersection. Excluded from this definition
' is any intersection where thereis a required stop condition (multi-way stop, traffic signal, or
continual flashing red light) for each roadway traffic lane entering an intersection.
Unobstructed and clear sight distance shall be maintained as depicted within Diagrams 1 — 3,
in accordance with the designated travel speed of streets, and as further set forth within the
following provisions.
To ensure clear sight distance and adequate visibility at Defined Intersections, the owners or
occupants of private real property shall be prohibited from any of the following, which may
obstruct a driver's view of approaching traffic at such intersections:
(1) Plant or permit the growth of shrubbery or any other vegetation within the City right-
of-way higher than thirty (30) inches above the established grade of the right-of-way;
' Of
(2) allow tree branches to extend below the height of ten (10) feet above the established
' grade of the right-of-way; or
(3) allow any berm, wall or other structure to be erected, placed, or continue to exist
within the City right-of-way.
' (b) Safety Zones. For purposes of this Section, Safety Zone shall be defined as an
unobstructed area along the edge of the roadway intended for the recovery of errant vehicles,
' and also along the edge of sidewalks or designated pathways intended to provide for a safe
Ordinance Number 65-04-33
AGENDA ITEM#7B
AUGUST 23,2004
area that is free of obstructions, which may create hazards for pedestrians, bicycles or
vehicles.
(1) Within Right-of-ways. A Safety Zone extending two (2) feet from the edge of the
roadway pavement or the edge of a sidewalk or pathway, as applicable, shall be
maintained.
(2) Within private property. On any private property, no landscaping or vegetation other
than lawn grass, and no property border, berm, retaining wall edging, timbers, posts
or other type of obstruction shall be constructed, placed, or permitted to remain
within two (2) feet of the edge of the roadway pavement or edge of sidewalk, or in
any location that creates an obstruction or hazard to pedestrians, bicyclists or
vehicles.
(3) Cause for removal of obstructions within Safety Zones. Upon finding by the Director
of Public Safety that any obstruction or hazard exists within Safety Zones, the
obstruction shall be immediately removed by order of the Police Department. The
City shall have the right to remove any tress, shrubbery, vegetation, berms, walls,
fences, structures or other objects in violation of this section, with or without prior
notice. Removal costs shall be charged to the owner, occupant or representative in an
amount equal to the City's costs incurred, plus a charge of one hundred (100) percent
of said costs to cover the City's administrative expenses.
(4) Waiver to Safety Zone restrictions. Upon written request, accompanied by a Site
Man, the Director of Public Safety shall have the authority waive the preceding
restrictions, upon finding that no obstruction or hazard to pedestrians, bicyclists or
vehicles will be created.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County,Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 23rd day of August, 2004. Passed upon final reading and public hearing this 13th
day of September, 2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest :
MAUREEN KING
City Clerk
Ordinance Number 65-04-33
I AGENDA ITEM#7B
AUGUST 23,2004
I
1
W
z
I O
N
C
W
I W
CL
CO
1 w
I
I El Lo
z
a _ -
up
I
Ab
z
0
In
W . wcn
D a ® tialEcc
w
' U b .` ® z
o
VI
1 LJZ
I
• 1 0
®I� N
I
IIU
1I C7)
• O
I
W
I-
0 U
n
w
Et
I '.iiS
!I'I!i!
I
I AGENDA ITEM#711
AUGUST 23,2004
I
I
cn
W
I z
O
NJ
0
I W
w
0
(n
d
0I
® N
z
• I
Cu
;bI o
q, ,i; r m P
N s� j1; t U
W III �I; < W
' C_ b SU ® b z
1j �. -
IIII Of I-
' 1, I
I.
Cr)➢ -Q` m a
I -i- z
O
N
®/ i I-
' 0
i1 05
I
F-
W
I-
O_
CT
I
VI
n
W
Ct
I I,4k4
1;1,14;
I
I
IAGENDA ITEM#76
AUGUST 23,2004
I
I
W
I Z
0
N
IO
W
W
d
(n
I =
d
I N
N
a
11 - - ZI _
® s_
H
I I In
il, b 14 1 o
in
I M III •1tO 03U
III tll LJ IP III w
iia
® W
ca Pt — F-
-1 I; Z—
IIII I' F-
nI 4 b Q
,I '
m m cn
I u =° w
3 Q
I N
IS
CD
I 1I •
c
W
f-
IE
1-
Cr)
I w
I I ...
1:1.111:
I1 ;I
I
AGENDA ITEM#7C
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: First reading of proposed Ordinance 75-04-16 updating and
amending Chapter 21 Traffic and Motor Vehicles
SUBMITTED BY: Sonya Doerr, AICP 16
Community Development Director
' DATE: August 17, 2004
' BACKGROUND: Attached are proposed revisions to Chapter 21 of the City Code, which
regulates Traffic and Motor Vehicles, as provided primarily by the
Department of Public Safety. (As strikethrough draft was provided at
' the August 9th meeting.)
BUDGET: No budget issues.
RECOMMENDATION: Approval upon first reading with public hearing and adoption set
for the September 13, 2004 meeting.
ATTACHMENTS: Proposed Ordinance 75-04-16, amending Chapter 21.
' REVIEWED BY CITY MAN ER:
August 23,2004 regular meeting
AGENDA ITEM#7C
AUGUST 23,2004
ORDINANCE NUMBER: 75-04-16
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
' OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE
CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
' ATLANTIC BEACH,FLORIDA:
SECTION 1. Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances
' for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read
as follows.
' ARTICLE I. IN GENERAL
' Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. and the Manual on
Uniform Traffic Control Devices. There is hereby adopted by reference the Florida
Uniform Traffic Control Law, being Chapter 316, Florida Statutes, as may be amended,
which law shall be in full force and effect within the City as if fully set forth herein, and
shall be considered as part of this Chapter. Also adopted by reference and considered as
part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for
' Streets and Highways, as published and amended by the Federal Highway
Administration.
' Sec. 21-2. Permit required for parades and processions. No procession or parade
shall occupy, march or proceed along any street or roadway except in accordance with a
permit issued by the City Manager and such other regulations as are set forth within this
' Code, which may apply.
Secs. 21-3 -21-15. Reserved.
ARTICLE II. STOPPING, STANDING AND PARKING*
' 'Cross references: Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162;
Storage and Parking of Vehicles in Residential Districts, § 24-163.
' State law references: Authority to regulate or prohibit stopping, standing or parking, F.S.
§ 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945;
additional parking regulations, F.S. § 316.195.
■
Page 1 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#7C
AUGUST 23,2004
DIVISION 1. GENERALLY
Sec.21-16. Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the
edge of the roadway in the direction of the traffic. If a curb is present, the curbed
side wheels of the vehicle shall be within twelve (12) inches of the edge of the
' roadway, except as provided in the following paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking.
' The vehicle shall be parked at the angles of the curb indicated by the mark or
sign;
(2) Loading or unloading in a place where, and at hours when, stopping for the
loading or unloading of merchandise or materials is permitted. A vehicle is used
for the transportation of merchandise or material may be backed into the curb to
take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently
' parked or placed in any location on public or private property, which interferes with
the safe, clear and unobstructed sight distance of any right-of-ways intended or
designated for use by pedestrians, bicycles, and vehicles. Such obstruction shall be
' _ immediately removed by order of the Police Department, and if required, charges for
towing and storage, as set forth herein shall apply.
State law references: Similar provisions,F.S. § 316.195.
Sec. 21-17. Prohibited in specific areas. No person shall stop, stand or park a vehicle
' except when necessary to avoid conflict with other traffic, or in compliance with the
directions of a police officer or a traffic-control device in any of the following places:
' (a) On a sidewalk or in a manner that any part of the vehicle is protruding over a
sidewalk or any part of the sidewalk area;
' (b) On any City right-of-way within seven (7) feet of a public driveway, or private
driveway upon complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
' (e) On a crosswalk;
' (f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by
a zone or devices established in the area;
' (g) Along side or opposite any street excavation or obstruction when the stopping,
standing or parking could obstruct traffic, and any place where any official sign
Page 2 of 9 Ordinance Number 75-04-16
AGENDA ITEM #7C
AUGUST 23,2004
prohibits stopping or parking, and any parking place specifically designated and
marked for the disabled unless the vehicle displays a parking permit as required by
state law.
' (1) A person who is chauffeuring a disabled person shall be allowed, without need for
an identification parking permit, momentary parking in the parking space for the
purpose of loading or unloading a disabled person, and no penalty shall be
' imposed upon the driver for this momentary parking.
(2) A person convicted of violating these provisions regarding parking spaces
' designated for disabled persons shall be punished by a fine of two hundred and
fifty dollars ($250.00).
' (h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive
(2) Ocean Boulevard
' (3) Sherry Drive (South)
(4) Seminole Road
(5) Plaza Drive (except for the 300 Block)
' (6) Royal Palms Drive
(7) Sailfish Drive
' (8) Levy Road
' (9) Dutton Island Road
' (10) Donner Road
(i) Overnight parking prohibited. No vehicle, Boat or Trailer, other than official vehicles
t as authorized by the City, shall be parked overnight in any public park or Public Open
Space, on any property occupied by a government Use, or in any other location
posted by the City to prohibit overnight parking.
State law references: Similar provisions, F.S. § 316.1945.
Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a
street in a manner or under such conditions as to leave available less than 10 feet of a
roadway for free movement of vehicular traffic, except a driver may stop temporarily
' during the actual loading or unloading of passengers or when necessary in obedience to a
traffic regulation or traffic sign or signal or a police officer.
t
Page 3 of 9 Ordinance Number 75-04-16
AGENDA ITEM#7C
AUGUST 23,2004
Sec. 21-19. Compliance with signs prohibiting parking required. When a sign
prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
' Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice
thereof, no person shall park a vehicle for longer than the respective times set forth in any
schedule applicable thereto promulgated and adopted by the City Manager.
Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a
vehicle upon any roadway or right-of-way for the principal purpose of:
' (a) Displaying it for sale; or
' (b) greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
' Sec. 21-22. Commercial, recreational, etc.,vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of 10,000 pounds
gross vehicle weight, or any combination thereof, or any component part thereof,
including the tractor unit or trailer unit of any tractor-trailer-type truck, upon any
private property in a residential zone except for the purpose of loading and unloading.
No more than four (4) hours shall be allowed for loading and unloading, unless
otherwise authorized by the City Manager or his designee.
' (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck,
travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any
street or right-of-way, except for the purpose of loading or unloading. No more than
' four (4) hours shall be allowed for loading and unloading, unless otherwise
authorized by the City Manager or his designee.
' (c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount
of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each
subsequent offense.
' Sec. 21-23. Parking more than 72 hours prohibited. No person shall park a motor
vehicle on any street or right-of-way for a period of time in excess of 72 hours.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.--Declared
unlawful; exception; nuisance declared.
Cross references: Nuisances, Ch. 12.
Sec. 21-25. Removing and impounding. Members of the Department of Public Safety
of the City are hereby authorized to remove and shall cause to be removed any vehicle
from any street or alley or right-of-way within the City to a public garage or other place
of safety under circumstances enumerated in this article:
i
Page 4 of 9 Ordinance Number 75-04-16
1 AGENDA ITEM#7C
AUGUST 23,2004
' (a) When a vehicle is left unattended:
(1) Ona sidewalk;
' (2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
' (4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on
the curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of
time longer than seventy-two (72)hours;
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
' traffic, or the person in charge of the vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or
removal;
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally,
or the vehicle constitutes an obstruction to normal movement of traffic.
tCross references: Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. Same -Towage and storage charges. Any and all towage and storage
charges reasonably due the operator of the garage or place where the vehicle under
provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until
the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the
operator; provided, that in no event shall the City or any officer; employee or department
' of the City be liable for the charges and costs by reason of their enforcement of this
section.
' Cross references: Charges for towing and storage, § 21-51.
Page 5 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#7C
AUGUST 23,2004
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations. The Director of Public Safety shall have exclusive
control of and shall have printed uniform traffic citations which shall be pre-numbered
and which shall be issued to the public safety officers. It shall be the duty of the public
' safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any
street block of the City. Notice of violation of a parking ordinance by public safety
'
officers shall be given by leaving a citation specifying the violation with the registered
owner or operator of the vehicle or by attaching the citation to the vehicle if it is
unattended. A duplicate copy of each such ticket shall be made and filed by the public
safety officer, with his signature affixed thereto, at the close of each day's work, with the
Records Division of the Public Safety Department.
' Sec. 21-37. Form of citations. Citations for violation of parking ordinances shall:
(a) be in writing and in the name of the City;
(b) set forth substantially the nature of the offense and the number of the ordinance being
violated;
' (c) state the date and time delivered;
' (d) specify the license tag number of the vehicle causing the violation as well as the
person cited if delivered in person;
(e) command the owner or operator of the vehicle causing the violation to pay to the City
of Atlantic Beach, Finance Department the applicable fine as established by Section
21-38; and
(1) shall be signed by the person issuing them.
Sec. 21-38. Schedule of fines. There is hereby established the following schedule of
fines to be assessed in cases of parking violations occurring within the City:
(a) Parking in prohibited areas $50.00
(b) Parking within 15' of fire hydrant $50.00
' (c) Parking double $50.00
' (d) Obstructing traffic $50.00
(e) Obstructing driveway $50.00
' (f) Parking Over Time Limit $50.00
•
Page 6 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#7C
AUGUST 23,2004
(g) Other improper parking $50.00
' (h) Illegal parking in designated ADA Accessibility
parking spaces $500.00
' Sec. 21-39. Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept
' payment of a parking fine as specified on the parking citation and in accordance with
the schedule of fines at any time before a summons is issued with respect thereto, in
person at his office or by mail. The voluntary payment of a parking fine shall be
deemed equivalent to the entry of a plea of guilty to the offense charged and waiver
of the right to a trial for purposes of this Chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who
fails to pay the parking fine within thirty (30) days an additional cost of$50.00.
' (c) The Director of Public Safety shall have the discretion of relieving the person named
in the citation of paying the additional $50.00 late fee upon good cause being shown
' and documented by the Director of Public Safety.
(d) Multiple Unpaid Violations: If a vehicle has three (3) or more unpaid parking tickets,
' and the time limitations for the payment of the tickets has expired, then the vehicle
may be disabled or towed pursuant to the conditions set forth within this Chapter.
' Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in
accordance with the terms of this Division shall be paid forthwith to the Director of
Finance in a manner as prescribed by the Director of Finance.
Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a
parking ordinance of the City, the specification of a motor vehicle license tag number on
' a citation for such violation, by an officer charged with enforcement thereof, shall be
prima facie evidence that the motor vehicle is owned by the person in whose name the
license tag is registered in the office of the appropriate agency of the state issuing the
license tag.
Secs. 21-42--21-49. Reserved.
1
ARTICLE III. WRECKER SERVICE*
Cross references: Removing and impounding, § 21-25; towage and storage charges, § 21-
26.
Sec. 21-50. Establishment of rotating wrecker call list. The Chief of Police, subject
' to approval by the City Manager, is hereby authorized to establish standards and rules for
the administration of a rotating wrecker service to the City. All wrecker and towing
Page 7 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#7C
AUGUST 23,2004
firms, companies, or corporations licensed to conduct that business may apply for a
listing by the Police Department on the rotating wrecker call list.
1
Sec. 21-51. Charges for towing and storage. The charges for towing and otherwise
' removing any damaged motor vehicle from any point within the City shall be as set forth
below. Daytime shall be defined as the hours from 6:00am until 6:00pm. Nighttime
shall be defined as the hours from 6:00pm until 6:OOam, and Nightime charges shall also
apply Sundays and Legal Holidays.
(a) Class A wrecker Daytime Nighttime
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $ 73.00 $94.00
' (b) Class B wrecker
The charges for towing and otherwise removing any truck, unit or part thereof, from
more than two (2) tons to ten(10)tons of weight $105.00 per hour towing charge, but
in no event less than a $100.00 charge for towing, and not more than $105.00 per
hour for cleanup, extra labor and waiting time.
(c) Class C wrecker
The charges for towing and otherwise removing any truck or unit of 10 tons or greater
weight $157.00 per hour towing charge for a truck or unit transportable as a whole,
' but in no event less than$157.00 charge for such towing, or, $210.00 per hour towing
charge for a truck or other unit not transportable as a whole, but in no event less than
a $100.00 charge for such towing; and not more than $100.00 per hour for cleanup,
' extra labor or waiting time.
(d) Overturned vehicles: Regular price plus $52.00 $52.00
' (e) On Ocean: regular price plus
(Driver and/or wrecker must enter water) $52.00 $73.00
' (f) Use of dollies: regular price plus $52.00 $75.00
' (g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day $17.00
Storage, inside per day $21.00
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be
removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has
' been physically attached to the vehicle. If the owner arrives before the wrecker is
attached, no fee will be charged.
Page 8 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#7C
AUGUST 23,2004
(i) The above charges may be changed by resolution adopted by the City Commission.
Cross references: Towage and storage charges, § 21-26.
Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at
all times with amber flashing lights and all necessary working tools, including but not
limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher.
Sec. 21-53. Liability insurance. All wreckers shall have, maintain, and keep in full
force and effect, liability insurance in amounts not less than $100,000.00 to $300,000.00
and property insurance in an amount not less than$50,000.00.
Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be
unlawful for any person to dismantle or to make repairs, alterations or additions to any
such removed vehicle without the written consent signed by its owner or his duly
authorized agent.
' Secs. 21-55--21-59. Reserved.
I
' SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of
' Atlantic Beach this 23rd day of August, 2004. Passed upon final reading and public
hearing this 13th day of September,2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
t ALAN C. JENSEN, ESQUIRE
City Attorney
Attest :
MAUREEN KING
City Clerk
Page 9 of 9 Ordinance Number 75-04-16
' AGENDA ITEM#8A
AUGUST 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Information related to proposed development site within the City of
Jacksonville, which is contiguous to the City of Atlantic Beach
(north of the Fleet Landing PUD and west of the Ocean Walk PUD)
SUBMITTED BY: Sonya Doerr,AICP
Community Development Director
DATE: August 10, 2004
BACKGROUND: The subject property contains approximately 27 acres with about 17
acres of regulatory wetlands. (Please bear in mind that all information provided within in this
report, which describes the proposed development, is provided voluntarily by the property
owner. This property is outside of the City of Atlantic Beach municipal limits; therefore, no
applications for development permits, and no information of record have been submitted to the
City of Atlantic Beach.)
' The property owner has expressed an interest to the COAB and the COI in seeking annexation
of the property into the COAB, and describes the intended plan of development as up to 30
' single-family lots, which would exceed the RS-1 Zoning District requirements and comply
with the Residential, Low Density Comprehensive Plan future land use designation.
The property owner wishes to access the site from the Selva Marina / Old Sherry Drive right-
of-way, which is a planed, but partly unconstructed public right-of-way. It appears that this
' right-of-way or Mayport Road would provide the only reasonable means of access to the site.
The property owner has characterized the proposed project as being more in keeping with
existing Atlantic Beach development patterns, as opposed to that existing along Mayport Road
' in the vicinity of this project; thus the desire to annex the property into the city of Atlantic
Beach.
The property currently has a COJ zoning designation of RMD-D (Residential, Medium
Density. The COJ 2010 Comprehensive Plan Future Land Use Map designation of this
property is MDR (Medium Density Residential) and the MDR category allows a"gross density
' rangea-of up to 20 dwelling units per acre. The gross acreage of the property is about 27 acres,
which hypothetically could support in the range of 450 - 500 multi-family dwelling units. (The
City of Jacksonville MDR and RMD-D regulations are attached.)
' There is no "fixed" height limit for multi-family use in the RMD-D district. Height is based
upon incremental increases in required setback. The COJ Comprehensive Plan, however, does
' state that low-rise multi-family is the predominant land use in the MDR land use category, but
there is nothing that indicates high-rises would be prohibited if the required setbacks could be
met.
1
i
' AGENDA ITEM#SA
AUGUST 23,2004
If the property were to be annexed to the City of Atlantic Beach, a zoning designation of either
RS-1 or PUD, and a Comprehensive Plan future land use designation of Residential, Low
' Density would seem to be appropriate. The project would be subject to all Land Development
Regulations in effect at the time any permits were sought, including zoning provisions, wetland
protection,tree regulations, stormwater requirements, etc.
Annexation procedures are set forth within State law, and the COAB 1995 Agreement with the
COJ (subsequent to the original 1982 Interlocal Agreement) also addresses annexation within
paragraph 12 (attached) of that Agreement. The exact annexation procedure that would apply
to this property is under review.
1
1
1
' RECOMMENDATION: Discussion; no action required at this time.
ATTACHMENTS: Map of property, COJ Comprehensive Plan and zoning regulations for
' this site, paragraph 1 and 12 of the COAB Agreement with the COJ
addressing annexation.
REVIEWED BY CITY MANAGER: S
August 23,2004 regular meeting
2
' AGENDA ITEM#8A
AUGUST 23,2004
COJ Comp Plan
unit f either one of these services are not available. It is not intended to
permit the maximum allowable density throughout the area depicted for
this category on the Future Land Use Map series. Land Development
Regulations shall include several development districts, each with different
density range, which will be permitted in this category to permit a varied
' GG physical environment.
‘43.0. In addition to the secondary and supporting uses for all residential land
use categories listed heretofore, borrow pits, animals other than
household pets, foster care homes, community residential homes and
•:?rive through facilities in conjunction with a permitted use may also be
sJ')wed in the LDR category subject to the standards and criteria in the
Development Regulations.
Medium Density Residential (MDR
' This category permits housing developments in a gross density range of
• wwper acre whenmulti-famfull urban seryices are
' available toenty the(20)sited. Generally,ellingunits low rise ily housing such as
apartments, condominiums, townhomes and rowhouses will be the
predominant land use in this category, although duplexes, mobile home
parks and single family homes/mobile home subdivisions may also be
developed in appropriate locations. Mixed use developments utilizing
"Traditional Neighborhood Design" (TNO) concept, which are
predominantly residential but include a broad mixture of supporting
recreational, commercial, public facilities and services are also allowed
subject to the standards and criteria in the Land Development
' Regulations. MDR developments may be cited as transitional uses
between single-family and commercial or public/semi-public use areas. In
the absence of the availability of centralized water and sewer, the density
' of development permitted in this category shall be the same as allowed in
LDR without such services. It is not intended to permit the maximum
allowable density throughout the area depicted for this category on the
Future Land Use Map series. Land Development Regulations shall
include several development districts, each with different density range,
which will be permitted in this category to permit a varied physical
environment.
In addition to the secondary and supporting uses indicated for all
' residential land use categories listed heretofore, nursing homes,
emergency shelter homes, foster care homes, community residential
homes, rooming houses, residential treatment facilities and private clubs
' are also allowed at appropriate locations in this category subject to the
standards and criteria in the Land Development Regulations.
' City of Jacksonville 1010 Comprehensive Plan
Future Land Use Element
Revised November 1003
1 48
' AGENDA ITEM#824
AUGUST 23,2004
Full Urban Services -Areas receiving, or programmed to receive, centralized sewer and
water service, urban service levels for mass transit (where applicable) and other
transportation, solid waste, parks and recreation, and drainage facilities, in accordance
with the Capital Improvements Element, will be deemed to be full urban service areas.
In addition, the provision of education, public safety and health services may be
considered as a necessary component in the provision of full urban services when the
functional departments and agencies having jurisdiction over these areas have
established quantitative service levels for their activities that have been recognized by
' an action of the City Council.
Future Land Use Element - The long-range development guide that coordinates the
us functional plans related to the physical development of the community. This
ant of the 2010 Comprehensive Plan will guide future growth and development.
tsars Land Use Map Series - The graphic aid intended to depict the spatial distribution
f various uses' of the land in the City by land use category, subject tothe goals,
ble'-^ves and policies of the 2010 Comprehensive Plan and applicable Land
-s�lopment Regulations.
' - The long-term end toward which programs or activities are ultimately directed.
' Gross Density- The number of dwelling units per gross acre. Gross acreage is the total
amount of raw land, including all developable and undevelopable portions thereof.
' Growth Management - A.method toguide development in order to minimize adverse
environmental and fiscal impacts and maximize the health, safety and welfare benefits
to the residents of the community.
Historic District - A geographically definable area, urban or rural, possessing a
significant concentration, linkage or continuity of sites, buildings, structures, objects or
area, which are united by past events or aesthetically by plan or physical development.
A district also may be comprised of individual resources that are separated
geographically but are thematically linked by association or history.
1 Historic Property or Historic Resource - Any prehistoric or historic district, site, building,
object or other real or personal property of historical, architectural or archaeological
t value. The properties may include, but are not limited to, monuments, memorials,
Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned
ships, engineering works, treasure trove, artifacts or other objects with intrinsic historical
or archaeological value, or any part thereof, relating to the history, government and
culture of the State.
' Historic Site - A single lot or portion of a lot containing an improvement, landscape
feature, or archaeological site, or a historically related complex of improvements,
landscape features or archaeological sites that may yield information an history or
' prehistory.
City of Jacksonville 2010 Comprehensive Plan
' Future Land Use Element
78 Revised November 2003
I AGENDA ITEM#84
AUGUST 23,2004
COJ RMD-D Zoning regulations
i
Residential Medium Density- (RMD-A), (RMD-B),(RMD-C).(RMD-D),(RMD-E)
Iand Residential Medium Density-MH(RMD-MB) Districts.
(a)Permitted uses and structures.
I (1)Single-family dwellings(RMD-A and RMD-B Districts only).
(2)Mobile homes[RMD-MH(mobile home)district only].
(3)Multiple-family dwellings (RMD-B,RMD-C,RMD-D and RMD-E Districts only).
(4)Housing for the elderly.
I (5)Family day care homes meeting the performance standards and development criteria set forth in Part 4.
(6)Foster care homes.
(7)Community residential homes of six or fewer residents meeting the performance standards and development
I criteria set forth in Part 4.
(8)Essential services, including water,sewer,gas,telephone,radio,television and electric,meeting the performance
standards and development criteria set forth in Part 4.
(9)Churches, including a rectory or similar use,meeting the performance standards and development criteria set
' forth in Part 4.
(10)Golf courses meeting the performance standards and development criteria set forth in Part 4.
(11)Parks,playgrounds and playfields or recreational or community structures meeting the performance standards
and development criteria set forth in Part 4.
I (12)Country clubs meeting the performance standards and development criteria set forth in Part 4.
(1.3)Home occupations meeting the performance standards and development criteria set forth in Part 4.
•
I (b)Permitted accessory uses and structures.
(I)See s.656.403. (3)In connection with housing for the elderly,in
(2)In connection with multiple-family dwellings, projects with a minimum of one hundred and fifty
I including housing for the elderly,coin-operated bedrooms,facilities for the sale of alcoholic
laun
and other vending machine facilities,
dayy care beverages to occupants and their guests in accordance
care c®ws,establishments for sale of with(i)a Special Restaurant Exception beverage
convenience goods,personal and professional service license issued pursuant to Chapter 561,Florida
I establishments;provided,however,that these
establishments shall be designed and scaledStatutes, as may be amended from time to time,and
to meet (ii)Part 8 of the City's Zoning Code;provided,that
only the requirements of the occupants of these these facilities are located not less than two hundred
multiple-family dwellings or housing for the elderly and fifty feet from an RID district with no signs or
Iand their guests and are located not less than two other external evidence of the existence of these
hundred and fifty feet from and RID District with no facilities.
signs or other external evidence of the existence of
Ithese establishments.
(c)'Permissible uses by exception. (11)Mobile homes(RMD-A and RMD-B Districts
only).
Iortu Cemeteries and mausoleums but not funeral home (12)Churches,including a rectory or similar use,
or mortuaries, meeting the performance standards and development
(2)Schools meeting the performance standards and criteria set forth in Part 4.
I development criteria set forth in the Part 4. 13)Home occupations meeting the performance
(3)Borrowto pits subjectthe regulations contained standards and development criteria set forth in Part 4.
in Part 9. (14)Emergency shelter homes(RMD-C,RMD-D
(4)Bed and breakfast establishments meeting the and RMD-E Districts only).
I performance standards and development criteria set (15)Community residential homes of seven m
forth in Part 4, fourteen residents meeting the performance standards
(5)Essential services,including water,sewer,gas, and development criteria set forth in Part 4.
I
telephone,radio,television and electric,meeting the (16)Golf driving ranges.
performance standards and development criteria set (17)Roaming houses(RMD-D and RNID-E Districts
forth in Part 4. only).
(6)Day care centers meeting the performance (18)Group care homes(RNID-B,RMD-C,RMD-D
Istandards and development criteria set forth in Part 4. and RMD-E Districts only).(7)Nursing homes. (19)Single family residential use;provided,that the
(8)Residential treatment facilities. single family residential use is a lawful,
(9)Private clubs, nonconforming use before an exception is granted.
' (10)Mobile home parks(RNID XB3 District only)
subject to the requirements of Part 5. (RMD-B,RMD-C,RMD-D,and RMD-E Districts
only).
I AGENDA ITEM#SA
AUGUST 23,2004
IRMD District Requirements
I (d)Minimum lot requirements (width and area).
For single-family dwellings,mobile homes and multiple-family dwellings the minimum lot requirements(width and
area),except as otherwise required for certain other uses,are as follows:
I (I)Single-family dwellings and mobile homes(RMD-A and RMD-B):
(i)Width—Fifty feet
(ii)Area—Five thousand square feet.
(2)Mobile home dwellings(RIND-MH)shall be specifically limited to the requirements of Part 5.
I (3)All other uses:
CO Width—Sixty feet.
(ii)Area:
(A)RMD-B--
I Five thousand square feet for the first two family units and one thousand square feet for each additional unit,not to
exceed four family units on each lot.
(B)R:MO-C—
' Six thousand square feet for the first two family units and four thousand four hundred square feet for each additional
unit
(C)RMD-D--
Six thousand square feet for the first two family units and two thousand nine hundred square feet for each additional
I
unit
(D)RMD-E—
Six thousand square feet for the first two family units and two thousand one hundred square feet for each additional
unit.
I (e)Maximum lot coverage by all buildings and structures.
Thirty-five percent;provided,however,that a minimum lot area or lands used for multiple-family dwellings and
I housing for the elderly and accessory buildings used in conjunction therewith to be retained in natural ground cover
or landscaped shall be thirty-five percent of the total lot area.
I (f)Minimum yard requirements.
(1) Multiple-family dwellings and housing for the
(4)All other uses:
elderly on individual lot: (i)Front—Twenty feet.
(i)Front—Twenty feet (ii)Side—Twenty feet.
I (ii)Side—Ten feet (iii)Rear—Twenty feet
(iii)Rear—Twenty feet (5)Accessory use structures used in conjunction with
(2) Multiple-family dwellings and housing for the multiple-family or housing for the elderly:
elderly with more than.one principal structure on the (i) Front—Accessory use structures shall not be
I
of permitted in front yards as they are established by the
E Front--Twenty feet location of the principal structures.
G 1 Side—Twenty feet (ii)Side and rear—Ten feet;provided,however,that
11401 1 Rear—Twenty feet. no accessory use structures shall be placed in a side
Single-family dwellings and mobile homes or rear yard in such a manner that the highest point of
` located on individual lots: the structure will pierce an imaginary line extending
(i)Front—Twenty feet. from the highest point of the principal structure to a
IdsSlde—llFive bfeelt provided,fifteen thatfret combined side point on the ground at the property line of the side or
:hanot e ess than rear yard in question.
r)Rear—Ten feet.
g)Maximum height of structures.
(I)Single-family dwellings,rooming houses,boardinghouses,child care centers,day care centers and accessory use
I structures—Thirty-five feet.
(2)All other uses—Thirty-five feet;provided,however,that height may be unlimited where all required yards are
increased by one foot for each three feet of building height or fraction thereof in excess of thirty-five feet.
I
I
AGENDA ITEM #8A
AUGUST 23,2004
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach,
and Baldwin published by the University of Florida Bureau of
Economic and Business Research Population Program, Florida
Estimates of Population. Notwithstanding the above, the population
' for Jacksonville shall include, at a minimum, the total population
in Duval County less the population in Urban Services Districts 2
tthrough 5 . The parties agree that where a distribution is made to
Beach based upon its percentage population, Jacksonville
NOTE
' etion as to the manner of spending the remaining funds or
reve es and may spend the remaining funds or revenues completely
outs e of Atlantic Beach.
12 . Annexation - Any future efforts by the City of Atlantic
Beach to annex property situated in Jacksonville outside of
Atlantic Beach must be discussedfirst with Jacksonvilleto
determine any impacts upon Jacksonville's revenues and other
' provisions of this agreement. If the City of Atlantic Beach shall
seek to annex property over the objection of the City of
Jacksonville, then the millage reduction provisions of paragraph 1
of this agreement shall not be applicable to the annexed area
' unless Jacksonville shall consent to the annexation.
13 . Inter-Local Agreement - The Inter-Local Agreement entered
' into by the parties on May 11, 1982 , continues in effect, as
i 11.
AGENDA ITEM#8A
AUGUST 23,2004
In 1993 , the City of Atlantic Beach brought suit against
nville alleging, among other things, that Jacksonville
Not •d the inter-local agreement. In order to resolve the issues
in that lawsuit and to further clarify the governmental
' rel tionship that exists between Jacksonville and Atlantic Beach,
th rties agree as follows:
1. Tax Rate - For FY 1994-95 Jacksonville levied taxes of
11.3158 mills in the General Service District (GSD) . In accordance
with the terms of the 1982 Inter-local Agreement, taxes of 9 . 5251
mills were levied upon Atlantic Beach property owners for FY 94/95.
This resulted in an actual millage difference of 1. 7907 mills
1 between GSD property owners and Atlantic Beach property. Beginning
' in FY 95-96, Jacksonville shall adopt a budget and shall set its
GSD millage rate in the manner it has consistently followed since
' consolidation and which is prescribed by the Charter of the City of
Jacksonville and the Jacksonville Ordinance Code. After setting
the GSD millage rate for FY 95-96, the millage rate to be charged
' Atlantic Beach property owners shall be calculated by reducing that
GSD rate by 2. 2907 mills. For example, if Jacksonville shall set
' the GSD rate at 11.3158 mills for FY 95-96, then the rate to be
levied upon Atlantic Beach property owners shall be 9 . 0251 mills.
' For FY 96-97, the Atlantic Beach rate shall be the established GSD
' rate less 2 . 7907 mills, for FY 97-98 , the Atlantic Beach rate shall
be the GSD rate set for that fiscal year less 3 . 0407 mills, for FY
98-99 , the Atlantic Beach rate shall be the GSD rate set for that
2 .
AGENDA ITEM#SA
ii AUGUST 23, 2004
I
fiscal year less 3 . 2907 mills. The same 3 . 2907 millage reduction
shall also be used for each additional fiscal year for which this
Agreement is in existence.
1
2 . The respective Mayors, through their representatives,
' shall commence discussions during FY 95-96, and shall endeavor to
complete within that year or as soon thereafter as possible to
I
Consolidate the 1982 Inter-local Agreement and this 1995 Settlement
Iinto a working document with a primary effort to design a framework
for their long-term relationship. In the event the parties are
' unable to reach an agreement on a new Inter-Local Agreement, then
the current Inter-Local Agreement of 1982, as modified by this
IAgreement, shall continue in effect.
3 . Services - Jacksonville shall continue to provide
Atlantic Beach the services required under the 1982 Inter-Local
I
Agreement. As provided in that agreement, Jacksonville shall not
Idiscriminate against Atlantic Beach in the future provision of
those county services provided to residents of the City of
IJacksonville.
4 . Landfill - Jacksonville shall continue to provide free
Ilandfill disposal of garbage and refuse to Atlantic Beach
residential premises (4 units or less, as defined by Section
I382 . 102 (1) , Jacksonville Ordinance Code (1991) ) as outlined in
paragraph (2-A) of the 1982 Inter-Local Agreement and to those
3 .
I
AGENDA ITEM#8A
AUGUST 23,2004
I
' f Proposed Development Site we
iq qh44d • �y d I
1 > Y AtIs i. fir ,�Y t
gg 'ay 5� t "7
1 $;I
ni}.4t
Rs; di tr n 3 s, g• ". ,
'' • 3e car
mga:�g 1911]3 -1= „12 F'3 ^ "a ,/ -- 1
I
� '
r K))'
vpe
I
I
• '�. 1 3
I- ''''. 4.:
P
` :#PP: yryp'YrL ,t� a . -w 4.11.7. CO
590 295 0 590 Feet
AGENDA ITEM#813
AUGUST 23,2004
I
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Interim City Clerk
' SUBMITTED BY: George Foster, Human Resource Manager
DATE: August 17,2004
BACKGROUND: On July 12, 2004, the City Commission established a committee to
assist the City Commission in the selection of a replacement for City
Clerk Maureen King who will be retiring August 31, 2004 after
almost 19 years of City service
' The City Clerk is appointed by, and works directly for, the City
Commission. Based upon legal considerations and daily actions that
must be accomplished by the City Clerk, it is recommended that an
_ interim City Clerk be appointed by the City Commission until a
replacement can be hired.
' Seventy Nine (79) applications have been received and it is
anticipated that it may take approximately 8 weeks to complete the
' selection process.
BUDGET: There are no funds required for this action.
ACTION REQUESTED: That the City Commission appoint the City Manager as interim City
Clerk to sign any required documents until a new City Clerk can be
' appointed.
ATTACHMENTS: City Charter, Article IV. The City Clerk
' CITY MANAGER: y.
AGENDA ITEM#8B
AUGUST 23,2004
i
CHARTER § 28
1
1
ARTICLE IV. nit CITY CLERK
Sec. 28. Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission and to
' assure that all itsenactments are effectively carried.out.The title of the executive officer shall
be "city clerk" and as such, shall beunderthe direction of and compensated at a rate set by
the city commission.
'i— The duties of the city clerk shall be to:
(I) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of each
such meeting; and
(3) Disseminate information as necessary about activities, findings, or decisions of the
city commission; and
(4) Provide the city commission with periodic reports as requested about the effectiveness
and efficiency of the legislative programa of the city government; and
(5) Serve as supervisor of election for city elections; and.
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
' (8) Conduct such other activities as maybe specified by this Charter, the city code or the •
city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
1
I
AGENDA ITEM NSB
AUGUST 23,2004
f
§ 29 ATLANTIC BEACH CODE
1
1
' Sec. 29. Qualifications.
The city clerk shall be chosen by the city commission solely on the basis of education and
' experience necessary to carry out the responsibilities of executive officer to the city commis-
sion.
Applicants for the position of city clerk shall meet the following educational and experi-
ence requirements:
(1) At least a baccalaureate in Business Administration or a related field acceptable to
the city commission from a college or university accredited by a recognized accredi-
tation agency in the United States or from a recognized college or university outside
of the United States which is acceptable to the city commission; and
1 (2) Two years of experience in public administration satisfactory to the city commission.
(3) In lieuof the required baccalaureate degree, the city commission may in its discre-
tion, accept four additional years of acceptable experience in public administration or
a related field of public or private service.
(Ord. No. 28.93-3,.§ 1, 8-23-93)
' Sec. 30. Removal of the city.clerk
The city clerk shall serve at the pleasure of the city commission.The city commission may
remove the city clerk by the affirmative vote of not less than three (3) of its members.
(Ord. No. 28-93-3, § 1, 8-23-93)
1
1
Supp. No. 14 10
AGENDA ITEM#9A
AUGUST 23,2004
1
August 16, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Han
City Manager
' SUBJECT: City Mana er's Report
Hurricane Charley; Atlantic Beach was extremely fortunate that the winds, rain and tides that
resulted from Hurricane Charley in the southern and central parts of the state did not hit our city
as hard. Only minimal damages were reported and no injuries were found. One of the date
palms in Town Center was broken by the winds and quickly removed by city crews. There were
several other small trees down on private property across the city. The only building damage
' found was on Sylvan Street where a tree had fallen on a shed.
In preparation for the storm, city crews had boarded up the City Hall and Commission
'
Chambers, removed trashcans and banners from the Town Center area, secured lifeguard chairs
and taken numerous other precautions. Several employees were on duty at the time the hurricane
hit Friday night and Saturday morning and many others were on standby ready to be called in if
' needed.
Five Atlantic Beach police officers are planning to respond to the mutual aid request for help
from counties in South Florida but, as of the time of this writing, had not yet been notified of
their assignments. We can expect most of our costs to respond to mutual aid requests to be
reimbursed through FEMA.
' Sidewalks and Bike Paths; Several proposed sidewalk and bike path additions were listed as
' optional projects in the proposed fiscal year 2005 budget. City Commissioners had several
questions about the location of existing sidewalks and proposed bike paths in Atlantic Beach and
comments were received that a master plan prioritizing the need for new sidewalks should be
prepared prior to making decisions on the list proposed. To answer your questions about existing
and proposed sidewalks and bike paths, attached are three drawings that show these in Atlantic
Beach. These are printed on three separate sheets because, if reduced to fit on one,they would
not be legible.
Budget Workshops; The third budget workshop to consider the proposed fiscal year 2005
Atlantic Beach budget has been scheduled for Monday evening, August 30th at 5:00 pm in the
City Commission Chambers. A light supper will be provided and the meeting should take two to
three hours. If an additional budget workshop is needed, we should consider having it on the
1 evening of Wednesday, September 1st or Thursday, September 2"a
MO
baw•- _. N _
I
*c n Sidewalks & Bike Paths w+E > z
ye
ti >
p
D
-•arr aye Pan
npp®eee ram L1.
I n Decor-Arne uaneal. EN
spmpwe<5rwa
--
I
attys.I
- `=„a* n'
ALAR i
1, '4"-j'''' ''- i-.: .
=�t4 �°`�? wes lan!'�IIIIII�
I t x - 1A7,.,411
/CIOIT �
------ - ! //I^ 111.mou ��
I t 1� 1 x ,,,x 1�11.11�1 ..�
la--i
�� a_: ”: - it 'HIl- IAW N ';#118I .... I�i..
I II . e. iii �� 7�uunu 1
rig
mil
I' � � X11 :- ■ , t_ ::...... .......
i911. � ■ _ ■ ■rl. I.A.nnu
I 1 I` • �■ a saric
Nit
�' I _F. 1 c— i i. ..a
' ' • MUS/ ♦ ■ ■i 111 I■■I
' --------- - .I 1 I II *, eir Ayton, s iii .
-t-10 1121
_111111,i_i IS -e•.ii nT
ask
II
E r i IllMull
�� Ifel ji 111
laI
I
F'`
Sidewalks & Bike Paths
I
Legeod 1111
rpp•.•a�r:a : • '4 � m := —In :4•5' ae
—proposed Bike Path 1111 t t ii i it a ii�luun
11. .o II n a= a 011-11--lis
1 ♦ e : is { r.
11111 .. 0 fa X •n toys
st,
I , _ ,,-'@* . I.ii■, &$r1
- PImP '11• a PPIRIR r: nn1\0
11,1 ^I utfl ■�.■ Il• 1mil r� I.--'Ii "-sis
1_1111■ ��� � �_ . . I: � �' . II� �*1
err
Z w I- r ti . sw, , ♦=wain;.tat
�Il�� � � . e':%41470
� '1f ' 111111111111111 q 0 lititigisslass
='�1�'�' ii
It
IIII�IIr11.11111.1=�
I UII aI�I/111lA ■�
I �■I ��s-��21'n, � .111111111111;Its�—
n■iu - . _� i�un tirili" �I:111111111li111111��1r&i■ -
■■■■ ■unnu •�1 Is 111111111111�1�11■ n
■■■■ x•nawn ■ is •A Min-- -
t ilii iie��n■� ;i ;ii., pll =�/�,"nt! .0 11 1111111111111111:: R_
u■■■■■■■■■■■ �■ ■ _ ry... 1 1111111111111111111
lulm■uuu lu o m' -- ulllllpittn R ° stun
I
*�� /p111111b1 111111�iNa J� i
n■■ ■■ n■p■ 1111111 1 ��
;11,1itri
-+u. ■■I�^"^� i\, 1 111111111111111111'lli�■■i C
' is 1u� A1►\1���11111sI111Pns1 �a■r' ■: - 1,►*„ ,,tlplllllllllllll�i■IJlit ii � i 11j11 p� � p`11�111��IIS �'�as ■■ aSII ■e dr^•.r :� : 1 ■ 111111111111111/1 ■I�t 7■la■ i■ a■ VI Ste
1��Iegit�IIIIv.II �i NI
' a■ -.■ �_ ■ a■ 11,04•4110 �. �: _�■ �
ant
Altura Ii faro • j■tw�� ce`\L1�111132 ■
I ■■ ■ 3■� ■■ ■■ ■■ i �91p� 1F � ��� Illllll � s��
I 411 as ■ tem
i le am so so so ■■ ■ ,54.M--•• dllu,llllllllll.
■ ■■ ■■ aro Icy �:1 ' ■I,III� 1
■■ vac 11. 1'' C1 ■� •1x11111116 ="art"--
•
■■ ■■ UC9NI/■■■■� dA �4 �� q1-11 .�
1 la- - 11 Ill
��1 1111 ,.f 1■ ow-
111- .. t �.* \ ;11111eg_ e � �
1111111 fist
� ♦ 11 'r■
inti !!' mutt O • 1. �����i, -*not
IIn�
L rE +^ 11pu 1�u m
u � c ..".•• 1■nIIIIrI
�ll��■1�w n
I
1$1 , .
1 AGENDA ITEM i9A
AUGUST 23,2004
I
I
I
I
I
I
I
I
I 5 yo N
I
&S' Sidewalks & Bike Paths .+E
S
I
s I/I�i111i � . arra
ine
met oeconsne crosswalk
14 . a� E oa Se�J%a . 0 A' in—
iv
�wo�esaevea :M�c It alLII\l in/W-mi t
' -Sine. SS. L a! �1- 1 lal Ii. JIA at
IS IIIII le Ina as to 11.101=
I at Is MI rigs sa.. Si Ii01i an r***21:7M
a ROI
I 1111r____.) fir-
a EkingiV
�. ��%,DLII: .Im
I
.am a ISM F.'S