Agenda Packet 2-27-2006- v11111111!!
I I I I I I I I I I I
CITU OF ATLANTIC BEACH
City Commission
Agenda
February 27, 2006
CITY uF ATLANTIC BEACH
CITY COMMISSION MEETINIT FEBRUARY 27, 2006
AGENDA
Call to order
Invocation alla pledge to the tlag
1. Appruve minutes of the Regular Commission meeting of r Cbruary 13, 2006_
2. Courtesy of Hour to Visitors
A. Presentation ot Independent Auditor's Report by Purvis, Gray & Company
unfinished Business from Previous Meetings
A. City Managers follow-up Report
4. Consent Agenda
ALL MATTERS LISTED UNDER THE LUMEN 1 AUENUA AKE CONSIDERED TO BE
KUU IINK By 1tiE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION
IN THE FORM LIS IED titLUW. THERE WILL BE NU SEPARATE DISCUSSION UP
THESE 1'1'EMS. if Dia:uSS1uN IS uESIRED, THAT ITEM WILL BE KEMUVEll
FROM THE CONSENT AUENJA AND WILL BE CONSIDERED SEPARATELY.
S urruxl TNG DOCUMENTATION ANL) S'1'APP KLUUMMENUA 11ONS HAVE BEEN
PRE VIUUSLY SUBMIT IED TO THE CITY COMMISSION UN MESE IIEMS
A. Acknowledge receipt or financial xeport for January 2006 (City Manager)
B. Acceptance ot Ownership and Maintenance Responsibility for Public Improvements on
Stocks Sheet Extension (City Manager)
5. Committee Kepurts
None
6. Action un Resolutions
N one
Action un Ordinances
A. Ordinance No. 90-06-188, Introduction and ti first xeading
AIN uKUINANUE OF 1HE CITY OF ATLANTIC 13EAUI-1, FLORIDA, AMENDING
CHAYIEK '24 UP 1tit, AILANTIC BEACH CODE OF ORDINANCES, ItiE LAND
DEVELOPMENT KHCiULAIIONS, SECTION 24-17, DEFINITIONS, AND
PROVIDING AN EFFEC'1'1VE DAIL
B. Ordinance No. 5-06-45, Final Reading and Yublic Hearing
AN ORDINANCE UP 1tit, CITY OF ATLANTIC BEACH, FLORIDA,
AMENDINU DHAP TEK 2, ADMINISTRATION, ARTICLE 11, CI 1 Y
COMMISSION, SEC. '2-'2U, SALAKY UP MEMBERS, AND PROVIDING AN
EF'F'ECTIVE DATE
C. Ordinance No. 90-06-189, Final Reading and Yublic Hearing
AIN ORDINANCE OF THE CITY UP Al LAN 1IC BEACH, CuUNTY OF DU VAL;
SIAIE uF FLORIDA, AMENDINU ORDINANCE NUMBER 90-01-172, ARTICLE
III, DIVISION 5, CHAPTER '24, GUN INU, SUBDIVISION AND LAND
1
DEVELOPMENT KLC ULA 1IONS, INCLUDING AMENDMENTS THERETO, l U
ADD NEW SECTION 24-104, ESTABLISHING A NEW ZUNINU VIS TRIC 1
CLASSIFICATION, 10 BE KNOWN AS RESIDENTIAL, SINULL-FAMILY —
LARUE LUT (KJ -L, rxOVIDING FOR RECORDATION ANL) PROVIDING AN
EFFECTIVE DALE
D. Ordinance No. 95-06-90, Final Reading and Public Hearing
AN uxuINANCE OF THE C11' Y OF A 1LAN 11C BLAuH, FLORIDA
AMENDING CHAPTER 4 OF Itit, CODE Or ORDINANCES, ANIMALS,
ARTICLE 1. 1N GENERAL, SEC. 4-11 CLASSIFICATION OF DUCTS AS
DANGEROUS, '1'O PKO VIDE rux EITHER LIABILrI'Y INSURANCE UK A
SURETY BUND, AND PROVIDING AN EFFECTIVE DA'Z'E
E. Ordinance No. 2U -U6-'15, Introduction and First Reading
AN ORDINANCE AMENDINU ItIE urEKATING BUDGET FUR THE CIT Y Or
AI LANTIC BEACH, FLORIDA FOR Fla:AL YEAR BEGINNING OCTOBER 1.
2UU5 AND ENDING SEPTEMBER 30, zUU6
8. Miscellaneous Business
A. Follow-up to City Commission action denying a request for a Waiver from Section 24-66
of the Land Development Regulations requiring On -Site Retention for a lot located at
1 18 Selva Marina Drive (City Manager)
B. bicycle Path Construction (City Manager)
C. Appointments to Board Member Review Com inittee (City Manager)
D. Neighbor to Neighbor beachside chats (Mayor)
E. Approval ot Settlement Agreement with Lindley '1'olbert Design, Inc. and approval of the
Replat (City Manager)
9. City Manager
A. Lity manager's Report
10. Reports and/or requests Irom City Commissioners and Lity Attorney
Adjournment
It 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, tor such purpose, may
need to ensure that a verbatim record ot 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 tne City Commission on any matter at this meeting mould submit a
request to the City Clerk prior to the meeting. For your convenience, forms tor this purpose are available
at tne entrance to the uollimlssion Chambers.
Every effort is made to indicate wnat action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless ot now tne matter is
stated on the agenda.
In accordance witn tne Americans with Disabilities Act and Section z86.26, Florida Statutes, persons
with disabilities needing special accommodation w participate in this meeting should contact the City
Clerk by 5:UU PM, Friday, February 24, 2006.
2
Attendance
Call to urder/Pledge
Approval of Minutes
MINUTES
REGULAR CITY CUMMISSIUN MEETING
t'ebruary 13, 2UUb
C:11 Y HALL, 2SUU Jr,NINOLE KOAD
IN ATE DAN Ct :
Mayor Donald Wolfson
Mayor Pro tem J. Dezmond Waters III
Commissioner MiKe Borno
Commissioner J amie tletcher
Commissioner Sylvia N. Simmons
City Manager Jim Hanson
City Clerk Donna L. Bussey
City Attorney Alan C. Jensen
Mayor Woltson called the meeting to order at /:15 p.m. the Invocation,
given by Commissioner Borno, was followed by the Pledge ot Allegiance
to the rlag.
Mayor Woltson welcomed former Mayor Shaughnessy to the meeting.
Approval of the minutes of the Regular Commission meeting on
January 23, 2006 and the Special Called Shade Meeting of
January 3u, 2,uu6 _
1 • 1
PI • 1 1
January 23, 2006 and the Special Called Shade meeting ot January 30,
Luu6_
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, woltson
Nay: u
MU HUN CAKKILll
Courtesy of the rloor 2. Courtesy of the Floor to Visitors
Jane wytzka, 352 2„d Street, supported the new zoning designation being
proposed in Agenda Item iB and commended the Commission on their
rapid action to continue protecting the character of the community.
Sally Clemens, 1638 Park 'terrace west, reiterated her sentiments from
2uu3 against `automatic' pay raises tor the Mayor and C: ouumissioners.
Fat Fillmore, 995 Camelia Street, spoke against any change regarding
representation ot the City. She discussed the condition and character ot the
area west ot Mayport Road and expressed her opinion that the proposed
median cuts for Mayport Road are inadequate. She gave the
I Cbz v 13, 2U06
REGULAR COMMISSION MEETING rages 2
Commissioners an alternative suggestion for making Maypon Road more
attraeti ve.
Cindy Funkhouser, 850 6th Avenue South, Jacksonville beach, was
introduced by commissioner Fletcher who invited her to come betore the
Commission and address tne housing crisis that has developed along the
Mayport Road corridor. Ms. runknouser introduced the other members ot
the Beaches Housing Coalition who were with ner in the audience. She
distributed a fact sheet to the Commission, which is attached and made part
ot this otticial record as Attachment A. She proceeded to present the
situations and circumstances surrounding a large number ot low-income
families who have recently become homeless due to the closing or
condemnation of their residences in the beaches area. She expressed the
need for some typo ot relocation plan tor these people and asked the
commission for any help they can otter. Ms. Funkhouser announced that a
meeting has been scheduled for noon on February 22" at the Beaches
Habitat to detenuine and pursue alternatives for the people attected by this
housing crisis.
Mayor wolfson suggested that, given the locations ot the low-income
housing areas being closed, tne City of Atlantic Beach should address the
issue in conjunction with involvement from the City of Jacksonville and
Duval County. He stated that the commission would discuss the issue later
tnat evening and thanked Ms. Funkhouser tor spearheading the coalition to
address tne situation. He also indicated that at least one ot the
Commissioners will attend the meeting referenced by Ms. Funkhouser.
Thomas Grant, 1909 Selva kvlarina Drive, addressed Item 7B, the new
large -lot residential zoning proposal and asked for more information
regarding now many people would be impacted and what tne financial
losses would be. He also inquired what notice will be given to people
aftected by this item and wnat their options will be. Mr. Cirant adcressed
the impervious surtace issue and urged the Commission to leave the current
definition as it is and proceed with turtner study. Mr. Grant also agreed
witn leaving the Subdivision regulations as they are, allowing for City staff
administrative approval of two -lot di visions. He inquired about the results
ot the Commissions recent shade meeting. Mayor Wolfson responded that
the information is not public until after the lawsuit is resolved.
Unfinished Business 3. Untmisned tsusiness from Previous Meeting
from Previous Meeting
A. City Manager's t ollow-up Report
City Manager Jim Hanson reterted the commission to his written report,
wnich is attached and made part ot this otticial record as Attacnment B.
His report addressed the following topics: Richardson Lane and tne
monthly dinner for Northeast Florida League of Cities.
Consent Agenda
Feb..,a. y 13, 2006
REGULAR CuivialiSSICm ivIEETING Page 3
1 ne City Manager also informed the Commission that, since writing his
report, he researched information on the current status of me cable 1 v
legislation in order to draft the letter requested by the Commission to the
senators. He indicated that the letters are ready to be signed by the
Commission that evening.
4. Consent Agenda
A. Acknowledge receipt of Public Works and utility vepartment
1Vlunthly Keport for January, Utility Sales Keport for January,
and Keport ut New Occupational Licenses issued in January
(City Manager)
B. Award a contract tor the Sewer Master Plan Update to Applied
Technology & Management, Inc. in the amount of $114,200, and
authorize the City Manager to sign the contract (City Manager)
L. Approve the list of property as surplus to the City of Atlantic
Beach (City 1Vlanager)
D. Authorize the Mayur to execute L■terlocal Agreement with the
City of Jacksonville relative to the collection and distribution of
9-1-1 user fees (City Manager)
Commissioner tiumu asked to pull Item 4A trom the Consent Agenda in
order w discuss the Public W urks report. Commissioner Pletcher pulled
Item 4B for discussion.
Motion: Approve Consent Agenda Items C and ll as presented.
Votes:
Aye: 5 - Bur no, Fletcher, Simmons, Waters, woltsun
Nay: u
MU7IUIV CAKRIED
Commissioner tiomu asked the City Manager if a meeting is planned tor
review of the Maypon Median project at 6u% completion status. City
Manager Hanson responded that a meeting has been set for March 13`h in
order for the consultants to inform Commissioners ut any design changes
made in response to public comments.
It was the consensus ut the Commission to acknowledge all reports
presented in Item 4A.
Cuuunissiuner Fletcher inquired about the bid process fur Item 4B. Donna
Kaluzniak, Director of Public Utilities, explained the Kt'F process used for
this service. Ms. Kaluzniak noted that, at a previous meeting, the
Commission had authorized the City to negotiate with this top-ranked tirm.
1Vlution: 1 u approve Consent Item 4B as presented.
February 13, 2006
REGULAR( COMMISSION MEETING rages
lVluved by Burne, seconded by rletcher
Votes:
Aye: 5 - liorno,u fetcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution 06-02
A RESOLUTION uF THE CITY OF ArLAN IIC BEACH,
FLORIDA, UKG1N(u 1vlaivlsERS OF THE FLORIDA
LEGISLATURE '1'O mu , AIN ANNUAL APPROPRIA'HUN
Surr1CIENT TO PRESERVE, PRu1Et; AND PROMOTE THE
HIS'rux1C RESuURCES IN OUR NATION'S OLDEST CITY
The Mayor read Resolution u6 -u2 by title only. There was no discussion.
Motion: 10 approve Resolution No. 06-02 as presented.
Moved by Borne, seconded by Fletcher
Votcs
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: U
MOTION CAKKIED
B. Resolution 06-03
RESOLUTION OF THE Cif Y ur A 1 LANTIC BEACH, FLORIDA
AMENDING THE NUMBER UrMEMBERS, APPOINTMENT ur•
MEMBERS AND MEMBERSHIP CRITERIA r UR 1 HE BOARD
MEMBER REVIEW CuMMITTEE, PRO V1D1N u r UR AIN
EFFECTIVE DATE AND r (JR OTHER PURPOSES
Commissioner Borno stated he would like to amend the Resolution with the
following language.
Motion: To amend Resolution 06-03 by adding language to the end of
Section 4 (e) stating, "...or it the Commission does not approve of the
Mayor's recommendation."
Moved by Borno, seconded by Simmons
Mayor Woltson asked that the word "who" bo stricken trom the last
sentence of Section 3. He also requested that the sentence in Section 3
February 13, 2006 KELT VIA COMMISSION MEETING rage
beginning with "The citizen members shall have backgrounds or
experience..." be changed from "shall' to "should".
Motion: '1'o amend Section 3 of the Resolution by changing "shall" to
"should" in the sentence beginning, "1 tie citizen members shall have
backgrounds or eAperience..." and to add language to the end of
Section 4(e) reading, "...or if the Commission does not approve of the
Mayor's recommendation."
Moved by Fletcher, seconded by Bur no
Votes:
Aye: 5 - Borno, r letcher, Simmons, Waters, Wolfson
Nay: U
MOTION CARRIED
Motion: To pass Resolution No. 06-Ui as amended.
Moved by Simmons, seconded by Borno
Votes;
Aye- 5 - Borno, IUetcher, Simmons, Waters, Wolfson
Nay: U
MU"1IUN CARRIED
Action on Ordinances /. Action on Ordinances
A. ordinance No. 5-06-45, Yublic Hearing and Final Reading
AIN ORDINANCE OF THE CITY O1' A'l"LAN"1"ll; BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINIS1"KA'1"IUN,
ARTICLE 11, CITY OUNMNIISSION, SEC 2-20, SALARY U1
MEMBERS, AND PRO V WIN G AIN Err ECTIVE DATE
Mayor Wolfson read urdinance No. 5-U6-45 by title only and opened the
floor w a public nearing. 1 here were uo comments from the audience and
the Mayor closed the public nearing.
Motion: To approve Ordinance No. 5-U6-45 on anal reading.
Moved by Borno, seconded by Waters
Asa point ot clarification, Louuuissioner Borno stated that this ordinance
would change the method ot evaluating pay compensation tor the
Lonimission from using the Florida League ot Lities' summaries w using
the Ut'l-u indeA. He indicated the change would make the process easier
and more simple than in the past.
Mayor Wolfson suggested that the ordinance be amended by striking
6ection 2-20(b).
r cbi urn_ Y 13, 2006
REGULAx LUiviMISSION MEETING Pagc b
Discussion ensued regarding the outcomes of striking Section 2-20(b).
lvlotiun- Tu amend Ordinance Nu. 5-u6-45 by striking Section 2-2U(b)
commissioner Simmuns stated that not enough notice was given in order to
properly consider this amendment.
Moved by Wolfson, seconded by 11etcher
votes:
Aye: 3 - netcher, Waters, Woltson
Nay: 2 — Burnt), Simmons
MOTION CAKKIM)
Questions ensued regarding the relevance of the ordinance it Section '2-
2U(b) were removed.
City Attorney Jensen clarified that the ordinance determines the method in
which the automatic raises are determined and that the amendment
eliminates the automatic review and increase every year.
Mayor Wolfson called the vote to approve Ordinance Nu. 5-u6-45 as
amended.
votes:
Aye: 3 - Wulisun, Waters, Fletcher
Nay: 2 — Burnu, Simmons
MOTION CAKK1h1)
couuuissiuner Simmons reiterated ner opposition to voting on the
amendment at this time without adequate time to study it.
Commissioner i-letcner asked the City Attorney tor a claritication on the
procedure to recall a vote ur reconsider a motion.
Motion: 1 u reconsider the amended motion.
Commissioner i-letcner indicated a need for more time to consider the issue,
consider other options, and receive citizen input.
moved by 11etcher, seconded by Simmons
Votes:
Aye: 3 - l+letcher, Simmons, Wolfson,
Nay: 2 — liiornu, Waters
MOTION CAKKIM)
motion: l o table until the next Regular cummissiun meeting.
February 13, 20u6
KEGULAR COMMISSION MEETING Page 7
Moved by Fletcher, seconded by Si ons
Votes:
Aye: 5 - tiorno, Fletcher, Simmons, waters, Wolfson
Nay: 0
MOTION CARRIED
1i. Orainan.:e No. 90-06-189, r irst Reading and Public Hearing
AIN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STA IL OF FLORIDA, AMENDING ORDINANCE
NUMBER 90-01-112, ARTICLE III, DIVISION 5, LIAPTER 24,
wuNING, SUBD1V1S1ON AND LAND DEVELOPMENT
REGULATIONS, INCLUDING AIVIENIJMENTS THERETO, TO
ADD NEW SECTION 24-104, ESTABLISHING A NEW ZONING
DISTRICT CLASSIFICATION, '1'O 13E tuN O W N AS RESIDENTIAL,
SINGLE -TAMIL r — LARGE LOW (R5 -L, rR0 viDING FOR
RECORDATION AND ricOVIDING AN EFFECTIVE DATE
mayor wolfson read the ordinance by its title, noted that it would be
opened to a public hearing tonight, and emphasized that this hem is not a
rezoning.
Sonya Doerr, Director of Flanning and Zoning, explained that because this
ordinance would establish a new zoning district category with new uses, it
thus requires two public hearings per tilurida Statute. She clarified that this
item does not designate an area on the map tor rezoning. Ms. Doerr
indicated that, before the new zoning area is adopted and put into place, all
residents and property owners in and adjacent to the affected area would be
noticed on an individual basis. She presented the background information
on the hem and pointed out that the Community Development Board
recommended approval of creating the new category.
mayor Wolfson asked, tor the record, how many lots would be attected by
this ordinance. Ms. Doerr replied that, based on the generally proposed
areas, 2 /1 tots would be affected.
The Mayor opened the ttoor to a public hearing un the item.
rat Pillmore, 995 Camelia street, supported the ordinance.
There were no further comments trom the audience and the Mayor closed
the public hearing.
Motion- To approve ordinance No. 90-06-189 on tirst reading.
Moves by Dorm), seconded by Simmons
February 13, 2006
REGULAR COMMISSION MEr 1uNG Page 8
Votes:
Aye: 5 - porno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CAKKIED
C. Ordinance No. 95 -UO -90, Introduction and i first Reading
AN ORDINANCE UJ '1•11E Cr1Y OF ATLANT1c BEACH,
r LUKLVA AMENDINu CHAr 1 Ex 4 OF THE CUM UV
U1tu1NANCJS, ANIMALS, AK11(LE 1_ IN GENERAL, SEI;. 4-
11 CLASS1J RA 1 ION OF DOGS AS DAN uJ1OUS, TO PRO V 1DE
FOR EITHEK LIABILITY INSURANCE UK A SURETY BOND,
AND PROVID1N (J AN Er r ECTIVE DATE
Motion: To approve Ordinance No. 95-06-90 on first reading.
Moved by Borno, seconded by Simons
Commissioner Fletcher questioned tne possible implications from tne
proposed changes to the ordnance.
City Attorney Jensen explained that the difficulty in acquiring a surety bond
is that an individual basically is required to pay 1UU% of the bond's value.
Commissioner rletcher believed this proposed change results in halving the
amount of insurance, in some form, that the owner is required to have. He
indicated that the City needs more liability coverage and not less. He spoke
against eliminating the need for the owner to have both the liability
insurance and the surety bond.
City Attorney Jensen eAplained the purpose of the liability insurance versus
the purpose of the surety mond.
City Manager Hanson provided more background information on the issue
and reviewed a previous situation involving a dangerous dog case. lie
suggested that tne Lity could increase the amount of required coverage to
$200,000 and accept the proposed change that acquiring a surety bond
would be an option rather than a requirement.
Motion: .1.0 amend Ordinance No. 95-ub-90, Section 1(d) to increase
the required amount for the lability insurance and the amount tor the
surety bond to two hundred thousand dollars ($2uu,000) rather than
one hundred thousand dollars ($100,000).
COuuuissioner Borno questioned it $200,000 is the proper step in liability
insurance and stated he would research it the ratio should be $1UU,UUU to
$3UU,UUU instead.
Moved by 1 Letcher, seconded by Waters
February 13, 2006
KEG ULAK COMMISSION MEETING
Page Y
Votes.
Aye: 5 - Dor no, Fletcher, Simmons, Waters, Wolfson
Nay: U
MOTION CARK1h1)
Motion: 1 o approve Or dinance No. 95 -U6 -9U on first reading as
amended.
Moved by Boy no, seconded by Simmons
Votes:
Aye: 5 - Borno, 1letcher , Simmons, Waters, Wolfson
Nay: U
MOTION CARRIED
ivriscellaneous Business 8. Miscellaneous Business
A. Proposed revisions to the definition of Impervious Surface
within Section 24-1"/ of Chapter 24, the Land Development
Regulations, related to swimming pools, the use of pavers,
pervious concrete or open grid paving systems, and the
applicauility of Impervious Surface limits to existing developed
lots and redevelopment (City Manager)
Rick Caper, Director of Public Works, reviewed the item's background as
presented in nis staff report. He reported that the Community Development
Board recommended that the Commission tollow througn witn the change
to consider solid surtace pavers as 100% impervious and to continue
considering open -grid pavers as 5u"'/o impervious. Mr. Carper stated that in
a separate motion, the Community Development Board recommended that
swimming pools retain their designation as a pervious surface, allowing
credit tor their retention of stormswater runott. He indicated that the St.
Johns River Water management District focuses on post -development
runoff and does not address swiuuuing pool issues with single-tamily
residences.
Commissioner Waters discussed the definition or peuuneability and did not
believe it applied 100% to pools. He mentioned the various repercussions
on property owners and on the City if the issue is not resolved.
1 he Commission discussed the issue of pavers, how their impervious
surface areas are calculated, and it their installation is reviewed or
inspected.
Motion; '1'o deter any action on Or dinance No. 90-06-188 and to ask
staff to rewr ite the ordinance with changes ecommended by the
Community Development Board, which would leave the cup rent
definition unchanged with respect to the treatment of swimming pools
r eat uat y 13, ZUUb
KLi L ULAK CV1v11v11SS1VIN lvML+L+ I11V1i rawc 10
as pervious surface, but enact other proposed revisions to the definition
of Impervious Surface Area related to the use of pavers, pervious
concrete or open grid paving systems, and bring back for consideration
at the next Regular Commission meeting.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
iv ay: u
MU HUN (-AKKIED
Commissioner Waters asked that Mr. Carper bring back more intormation
on swimming pools and what portion might be considered pervious surface
area so that the commission could better discuss the issue.
Mayor Wolfson asked Mr. Carper tor the source ot his intormation
regarding swimming pools. Discussion ensued regarding other cities'
application of the definition of impervious surface. Commissioner Fletcher
asxed for the rationale behind other local areas classifying pools as
impervious surtaces and the statistics ot now this wound impact core city
properties it adopted in Atlantic Beach.
ivir. caper requested and was granted n-iore time for this research.
It was the consensus ot the Commission to bring back more intormation tor
consideration prior to rewriting the ordinance.
B. rroposed revisions to Section 24-189(a) of the Subdivision
Regulations, as contained within Chapter 24, the Land
Development Regulations, eliminating the administrative
approval of certain two -lot property divisions to require
Commission review and approval of such requests (City
Manager)
Motion. To table Item 8B.
Mayor Wolfson explained that, in light of the two lawsuits brought against
the city, the commission is not in a position to discuss this issue in a public
torum a this time.
Commissioner Borno mentioned the need tor the Commission to consider
adopting ordinances in order to implement any future changes to the
comprehensive Plan or Land Development Regulations.
Commissioner Waters agreed that it the process was to be done
ministerially, then the ordinance needs to be rewritten in order to give the
criteria by which the Commission can reject or accept these requests. tie
February 13, 200b KLA GULAK COMMISSION MEETING Page 11
stated his opposition to the city allowing people to subdivide lots in platted
communities.
Mayor Woltson responded to concerns regarding the approval process tor
subdividing lots. He believed that the process should be directed to the
Lommunity Development Board first and then come to the uommission
with the recommendation of.the Board.
Moved by Wolfson, seconded by Simmons
Votes:
Aye: 4 - tsurno, Fletcher, Simmons, Wolfson
Nay: 1 - Waters
M011UN CAKKIIW
C. Mandalay Park Design for Mailbox Location (laity Manager)
Kiel( Layer, uirector of Public Works, reviewed the proposal tor the
mailbox location at Mandalay Park. He noted that staff's recommendation
is to follow the Commission's original direction to remove the mailbox and
leave it out of service permanently.
Mayor Woltson reiterated his original vote against the proposed location at
Mandalay Park due to safety considerations and cost factors.
Mr. Caper briefly reviewed other location options and the Lonmussion
discussed the various alternatives. At the request of the Mayor, Mr. Layer
repeated, tor the record, that the cost of the Mandalay Park option would be
approximately $16,000.
uommissioner Simmons expressed her support tor this option and noted
that the Public safety Director has agreed that the proposed design is sate.
requirements for a bid process.
Moved by Borno, seconded by Simmons
Amendment to the motion: to continue the sidewalk on the east side of
Mandalay Park from 16th Street to Seminole xoad.
lvluved by Waters, seconded by Wolfson
11 was discussed that the amendment be addressed as a separate issue during
strategic planning sessions or meetings regarding sidewalk projects.
Feb. urn, r 13, 2006 REGULAK COMMISSION MEETING rage 12
votes: (on the amendment to the motion)
Aye: 1 - Waters
Nay: 4 — Borno, Si ons, Fletcher, Wolfson
MOTION FAILED
mayor Woltson presented his concerns with the satety issues ot the
proposed design and asKea how many Commissioners has been contactea
by citizens complaining ot the removal ot the mailbox. Commissivneis
Simmons, Borno; and Fletcher indicated they have been contacted regarding
the issue.
Commissioner Pletcher asked Chiet 'lhompson, Public Satety Director; tor
his comments regarding the satety ot the plan. Chief Thompson
acknowledged that these aye safes areas for the mailbox, but that the
proposed location should not create a problem, especially given the low
trattic flow in that area.
Votes: ('1'o place the mailbox at Mandalay Park and waive the
requirements for a bid proLess)
Aye: i - tsorno, Simmons, Waters
Nay: 2 - r'letcher, Woltson,
MU't'IUN CARRIED
Mayor Wolfson asked that the safety issue of the design be reviewed for
possible improvement before final implementation.
Mr. Carper inquired how the project woula be tunaea. 'I he City Manager
intormed him that a buaget amenamem would be needed and prepared.
uue to the number of people in the audience awaiting discussion regarding
the urgent housing issue that evening, Commissioner Pletcher asked Mayor
Woltson it they could move up Item lU on the agenda so that he could
present his report on the matter.
Mayor wolfson asked the Commission if there were any objections to
moving Item IU up on the agenda. It was the consensus ot the Commission
to discuss the issue at that point.
lu_ Reports and/or requests from City Commissioners and City
Attorney
Commissioner Fletcher
Bought the Commission's attention to an immediate problem that
involves families with children who are presently homeless due to
the closing ot low-income housing in the local area. tie asked Ms.
Fetal UaL v 13, 2006 REGULAR C(J1vllv1ISSION MEETING rage 13
Cindy runkhouser to address the situation and provide suggestions
tor the Commission.
Ms. Funkhouser stated that the most immediate need is to help the
homeless families rind new housing out of the beach area. She
described the methods being pursued by the Coalition, i.e. talking
with the wavy and other larger agencies in the City of Jacksonville
for tinancial assistance. Ms. Funkhouser believed that the landlords
and developers should contribute funds w assist with the relocation
ot the families. She also expressed that the Jacksonville Housing
Authority should ensure that a sutticient amount of affordable
housing is available in these types ot situations.
Antonutte "Toni" Sable, 2u26 Featherwood Drive west, Atlantic
Beach, reported on the situations being forwarded w her agency by
the Department of Children and ramilies. At thu request ot the
Mayor, Ms. Sable provided her phone number so that the
Commission could contact her.
❖ Mayor Woltson pointed out that the City ot Jacksonville is
responsible for a large part ut the situation being discussed and
recommended that the Beaches Housing coalition contact
Councilman Alvarez, Mayor Peyton and the lviaypurt Naval Station
authorities. He noted that City of Atlantic Beach can address the
issues in its conununity and that he and the City Manager will bring
this issue to the attention of the appropriate authorities at the Highest
level.
ll. Kehurt un Possible improvements to Welcome Signs (City
Manager)
City Manager Hanson provided the background intormatiun on this issue
and reviewed the options as presented in his statt report. He asked the
Commission for their direction.
Mayor Woltson noted that there has been nu movement from Neptune
Beach to proceed with a joint welcome sign tor the two cities. He
suggested that the Commission move forward with improving the existing
signs as recommended in the report.
Commissioner Waters indicated that Atlantic Beach needs to turther
communications with Neptune Beach in order to determine if the two cities
can agree upon a cost for a new welcome sign. He believed a welcome sign
serves an important puipuse for the citizens ot the city as well as for the
tourists. He suggested the Mayor and/or Commissioners attempt to discuss
the issue at a meeting with Neptune Beach. He asked the Commission to
decide it they wanted to pursue the new design proposed for the welcome
sign.
February 13, 2006 REGULAR COMMISSION MEETING Page 14
Commissioner Fletcher spoke against spending the amount of money
needed tor the new proposed sign.
Commissioner Simmons supported Commissioner Waters' statements and
believed that the new sign is designed w last a long time and thus justifies
its cost. Commissioner Borno also agreed and suggested a joint workshop
with Neptune Beach to see what they can afford. 1 -le note that the City
could utilize money from the Bed fax funds to help pay tor the cost.
Mayor Wolfson, stated he was opposed w the cost, but was also opposed w
further delay on the item. He recommended that the Commissioners who
were in favor or moving forward with the new sign should approach
Neptune Beach and discuss tne options. Commissioner waters volunteered
to talk with Neptune Beach.
It was the consensus of the Commission to move ahead with changes to the
other three laity welcome signs.
E. Publi.. Safety Annual Report for 2005
Uniet David lnompson, Director or rublic Safety, presented the rublic
Safety annual report tor '2uUJ.
Two significant findings were that the overall crime numbers decreased by
15% despite an increase in the City's population and that there was a
dramatic reduction in tne number of burglaries. the pointed out a new
department record increase in the number ot calls tor service and indicated
that the department has been able to provide this increase in service thanks
to the high quality of excellent staff employed over the recent years.
The Chief displayed graphs and figures depicting the number of crimes and
crime rates, the response times or emergency personnel, as well as code
enforcement and animal control activity. He indicated that, when compared
to the crime rates ot neighboring cities and to the state as a whole. Atlantic
Beach is doing well.
The Commission thanked the Cniet and commended nim on his report.
F. Report un Meeting with Bea..h Mayers and Managers (Mayor)
mayor woltson reported that he attended a meeting on January 21 h with all
the mayors ot the beaches along with Mayor Peyton and City Manager
Hanson. He noted it was an extremely productive meeting that addressed
three major issues. He indicated that their discussion ot the Alvarez
Resolution 2006-17 led to a follow-up meeting with Councilman Alvarez
on January 30t1' to discuss the Councilman's specific concerns. Mayor
w olrson noted he would provide more details on that meeting under
City Manage
rem uatv 13, 2556 REGULAR COMM1SS1uN WILE LING
Page 15
Agenda Item iu. He stated they discussed the possibility or pursuing
mutual zoning guidelines between Atlantic Beach and the City ot
Jacksonville. He indicated that mayor Peyton was receptive and supportive
ot that idea. Mayor Wolfson noted they also discussed the need for funding
sources tor improvements with the 'I'MUL situation. tie stated that the
mayors intended to meet quarterly in order to continue the dialog relating to
the beaches and the City ot Jacksonville.
9. City Manager
A. City Manager's Report
City Manager Jim Hanson summarized his written report, which is attached
and made part ot this otficial record a5 Attachment C. 1 ne issues
addressed in his report were: responsibilities of the building official, web
page usage, and new rules Irom tne Water Management District limiting
landscape irrigation.
In addition to tne items in his written report, the City manager also
mentioned that there will be an ongoing inspection by Insurance Service
Offices for the tire protection rating in the community. He reported that
since the last inspection in 1996, Atlantic beach has been rated as a 4, but
there nave been a lot of improvements in tire and water services since then.
He noted that the inspection results would not be received for several
months.
Reports/Requests 1U. Reports and/or requests from City Commissioners and City
Litt' Louuuissioners Attorney
City Attorney
Commissioner Borno
Suggested that the Commission look into and review the St. Johns
_River water Management District.
Commissioner Simmons
Stated that she does not support adopting the new rules limiting
landscape irrigation.
Commissioner waters
Asked that more intormation regarding the issue of swimming pool
impermeability be researcned through government sources and tnen
ne will contact the woman at 16`h and Seminole with the
intormation.
❖ Suggested that the City recognize people who add to the
beautification ot Atlantic Beach. He mentioned creating a letter of
um' y 13, 2006
REGULAR COMMISSION MEETING Page 16
recognition and asked the commission to provide any other ideas
tor accomplishing this.
lvlayot Wolfson
❖ Presented a status report on the Alvarez resolution 1,UU6-1 /. Doted
that he already gave the Commissioners a copy ot Alvarez'
response. Reported that the Alvarez resolution was brought before
the Finance Committee last week and was not well-received but has
not gone away. Announced that he will join the beaches mayors in a
meeting with council rresident Kevin Hyde. Stated that, at the
invite ot Councilwoman Suzanne Jenkins, they will also meet with
previous leadership to get a better understanding ot the interlocal
agreement.
❖ xeported that he attended an Executive Education Seminar on
homeland security on rebruary 9th and it was a very infoimative
workshop. Indicated he will give the tuii report to the city
Manager.
❖ Reminded everyone that the final strategic planning session will be
held wednesday, rebruary 15th , at 5:00 pm at the Sea Turtle.
Adjournment 1 here being no further discussion, the Mayor declared the meeting
adjourned at 1U:iJ p.m.
Donald M. Wolfson, Mayor/Presiding Utticer
A'1" 1'I S'1':
Donna L. Bussey
City Clerk
AGEIN ITEM #3A
FEBRUARY 27, 2006
February 21 2u06
MLmuRANDUM
TO: The Honorable Mayor
and members of the City Commission
r KUM: Jim Hans�
City Manager
SUBJECT: r allow-up/Report
Amendments to thy Dangerous Mux Ordinance. The Mayor and Commission amended
Ordinance Nu. 95-06-90 concerning dangerous dogs at it's tirst reading to increase the amount ot
the insurance coverage ur surety bond trom $1uu,000 to $200,000. A question was raised at that
time about whether or not liability insurance could be obtained in $200,000 increments. Two
insurmce companies in rlorida providing homeowners insurance have since been contacted.
Muth have indicated that the normal liability amounts tor either household liability coverage ur
tor an umbrella policy are in the amounts a $100,000, $3uu,uuu, $3uu,uu0 and $1,000,000. It
the $200,000 coverage amount is not available from maty insurance companies, the City
Commission may warrt to consider further amending the proposed ordinance either to btiug the
amount back down to $iuu,uuu ur to raise it to $3UU,000.
Pedestrian cath System. Discussion was held during the recent strategic planning meetings
about future projects in the city's pedestrian path system. 1'he last time the Mayor rid
Commission tormally took Qu action designating priorities, other than through the adoption of
annual budgets and approval of bids for construction, was in November ot 2002 when a
resolution was adopted setting tortti the first phases ot construction and for other purposes. A
copy ot Resolution 02-21 approved on November 11, 2002 is attached fur your review. it would
be appropriate for the City Commission to deter line where the pedestria paths should be built
in the future because the initial steps in the plan from November 2002 have now been c,ompleted.
AGENDA rrravl #3A
rEBRUARY zi, 2006
RESOLUTION NO. 02-21
A RESOLUTION OF THE CITY OI AI'LAN 1IC BEACH
ENDORSING A Bic Y CLE AND PEDESTRIAN PATH W A Y
SYSTEM AS IDENTIFIED BY THE CITY COMMISSION,
AND AUTHORIZING THE CITY MANAGER TO SEEK
FUNDING AND GRANTS FOR THE DESIGN AND
1MrLEMENTA'1ION OF THE SYSTEM.
WHEREAS, the mayor and the City commission have identified as a priority, though
the annual Strategic Planning Process, the development of a bicyc=le and pedestrian pathway
system within the City or Atlantic Beach, and also conilecting with other beach communities
and surrounding recreational facilities and Leaources, and the community's schools, and
WHEREAS, the development of this bicycle and pedestrian pathway system supports
the Goads and objectives of the Recreation and Open Space Element of the adopted
Comprehensive Plan, and
WHEREAS, the citizens or Atlantic Beach have requested and expressed their support
for the development or a bicycle and pedestrian pathway system, and
NOW, THEREFORE, BE IT RESOLVED, the City Couuiussiou of the City or
Atlantic Beach hereby supports and endorses the development of a bicycle and pedestrian path
and trail system that will enhance the quality of lire tor visitors and resident of the City of
Atlantic Beach and will further the goats and objectives of the Comprehensive Plan.
To implement the bicycle and pedestrian pathway system the City Commission hereby directs
the city Manage to proceed with efforts to seek funding and grant sources to assist with the
costs or design and construction of an initig phase or this bicycle and pedestrian pathway and
trail system. This initiai phase or this project shall iuvolve the tollowing priorities:
1. Design and implementation of a wayfmding program, which may include a
unique logo. maps, signage and symbols, and a pavement marking system,
that shad designate pathways as part of the trail and bikeway system.
Pathways may ;,.elude widened sidewalks, eApanded sheets and right -or -
ways, as well as off-road and natural trails. These pathways may be
designed to serve multiple recreational uses, :,.eluding recreational
bicyclists, skating and skateboarding, runners, hikers and walkers, with the
priority focused on ramifies, senior citizens and the recreational user.
2. Within the City of Atlantic Beach Flolida, priority will first be given to
deveiopment of this system along Plaza extending from Rose Park to the
Beach, an Siong Seminole Road north of Twentieth Street.
AGENDA ITEM #3A
FEBRUARY 27, 2006
3. In addition to the preceding priorities, the development of a gate system fur
pedestrians and bicycliNs along Maypurt Road, extending from Atlantic
Boulevard to the wondeiwuud Expressway, which shall provide fbr
Connections to Kathryn Abbey Hanna State Park and the "I urruouaa�
Ecological MCI tiiStvric Preserve, is also cunsidercd a priority hi the
initial phase of development.
4. The City Manager is encouraged to sem continued participation and
dination with the City of Neptune J3each, the City at Jaeksouville
Beach, the City of Jadessuuuville, the National Park Service, the Maypurt
Waterfronts Partnership, an other such state dud Federal agencies which
may provide n,sistance or funding to further the development of this system.
ADOPTE,u BY THE CITY c;uMMISSION tie ATLANTIC BEACH, FLORIDA, 'l'rila
ilth DAY ui+' NOVEMBER, zu02.
Apprur ed as to %gy=m Rud correctnesu:
an C..1i- ern, quire
City Att
ATTEST:
h--6Maurear woe C
City CIerK
Page L of 2
Resolution No. 02-21
City 01' Atlantic Bean
bINHN(.:IHL REPORT
JANUARY 2006
AGENDA ITEM #4A
FEBRUARY 27, 2006
Gash Balances
Fand(s)
General
Tree Replacement
Convention Development Tax
Local Option �� Gad 1 an
getter Jax 1/2 Cent Sales Tax
Police 1 ail y. Forfeit, etc.
Grants
De6t service
Utility
Sar ItatIOf
Storm Water
Ner .ion - Police
Pension - Gei lei al
Total
Total Restricted Cash
Total Unrestricted Cash
Prior
12/31/05
$5; i ] z,916
30,978
152:575
386,221
964,913
12,z81
(34,507)
32,938
3,391,987
551 550
2,951,569
(5.996)
78;361
$14,225,786
Current
1/31/u6
$6.340,274
30,ai8
158,716
403;514
1,022;488
5,224
(20;553)
38,896
3,565A0
544,741
z, ji1,542
19,609
5,147
Dollar
Change
$627,358
0
6,141
17,293
7;515
(7,057)
13.954
5,958
176,943
(6,80u)
19,973
25,605
(73,214)
$15,089,506 $863,720
$6,312,9ui
$8,776,599
Cash and Investments
Account
Bank of America - Depo�itoi y
SBA
Cash on Hand
Subtotal
ut-Pension-Police
Merrill Lynch-Pen�ioi Pu1ice
Su. trust -Pension -General
Merrill Lynch -Pei �ioi i -General
Subtotal
Prior
12/31/05
$254,715.
1.5,68,521
2,550
14;225,786
4.294,503
552,915
5.812,353
1,173;2z
11.832,996
Total $26;u58,782
(1) FYTD rate ut ieb7,15 trirough 12/31/05
Current
1/31/06
$110;200
14,976,7h6
2:550
15,089,506
4,313,077
586,278
5,975,194
1.244,011
12,118,560
Dollar Rate of
Change Return %
($144,515)
1;008:235
0
863:720
18,574
33,360
162,841
70,78y
285,564
$27,208,066 $1;149,284
3.20
4.37
2.00 (1)
7.10 (1)
1.90 (1)
7.10 (1)
City of Atlantic, Beach
FINANCIAL REPORT
JANUAKY 2UU6
Revenues
AGENDA I 1 ENI #4A
FEBRUARY L i, 2006
Fund / (Footnote)
Annual
Eat mate
YTD - 33%
DT Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General k1)
Tree Replacement
Convention Development TaA
Local Option Gas Tax
Better Jax 1/z Ct Sales Tax
Pulice Training, rurfeit, etc.
Grants (2)
uent Sievice
Utility
sanitation
Storm Water (3)
Pension - Police
Pension - General (4)
Total
$9,951,978
0
128,000
564,042
702;336
31,800
447,833
71,100
6,623,534
1;362,300
1,067,868
702.355
1,015,029
$22;668;175
$3,314,00 i $5,237,184
0 0
42,624 2,',351
187,826 186,500
233.878 244;843
10,589 4,880
149,128 69.776
23,676 24,135
2,205,636 2,137,484
453;646 435,564
355,600 248,191
233,884 293;518
338,005 515,987
$7;548,501 $9,425,413
$1,923,175 58.03%
0 100.00%
(15,273) -35.83
(1,326) -0.71
10,965 4.69%
(5,709) -53.91%
(79,352) -53.21%
459 1.94%
(68,152) -3.09%
(18,082) -3.99%
(107,409) -30.21%
5,634 25.50%
177,982 52.66/0
11,876,912
Aiialy6i6 of Major Varia,..c5
(1) The $1;923,1,'5 positive variance in the General Fund resultea from raving receiver]
84.5% of the year's budgeted property taxes by January, 2006. Typically the majority of
these taxes are received from the City of Jacksonville in December & January.
(2) The $79,352 negative variance in the Grant Funds resulted from either items not having
been purchased or reimbursement requests not having been filed as of January 31.
2006.
(3) The $107,409 negative variance in th:: StermWawr Fuiid rezulted from the award of a
grant in fiscal year 2006 that has not been received.
(4) The $177,982 positive variance in the General Employee Pension Fund resulted from
changes in the market values of the investments.
City of Atlantic, BeaGn
FINANCIAL REPuR 1
JANUARY 2UUb
Expenses
AGENDA IThivi #4A
FEBRUARY a/, z005
Annual YTD - 33% Y i D Dollar Pei (Ant
Department / (Fuutnute) Estimate tbtimate Actual Variance Variance
vuvcrni„y Buy $45,938 $15,297 $15,705 ($408) -2.67%
Ulty Anmi„istratiun 4122./3/ /Ub,8/2 632,964 73,908 10.46%
General Government (1) 2.223,015 /40.4134 553.180 18/,284 15.19%
Planning and Building (z) 651,118 216,822 150.//2 66;050 30.46"1/o
Public Safety (3) 4,714,6+9 1,569,977 1,157,024 412,53 26.30%
Parks and Recreation 1,023,072 340,683 299,421 41,252 12.11%
Public Works (4) 6,230,758 2,074,843 1,349,106 725,737 34.98%
laa6iiu Utilitieb (5) 7,115,581 2,369,489 2,596,589 (227,100) -9.58%
Nensio„ - F'uliCe 400,93b 133,512 124,676 8,836 6.62%
tension - ueneral 405"95 98 135;131 119,590 15,541 11.50%
I vital $14,934,202 $8,303,0Y0 $6,999,027 $1,304,063
Annual Y I U - 33% YTu Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
rersunal S Mces $/.909,94/ $2.034.013 $2.1 (8512 455,4U1 1 (.2°/
Operating Expenses (z) - (4) 9,540,328 3,176,929 2,492,/ 14 084,215 1 "1.54%
Capital Outlay (1), (4) & (o) 5,016,614 1,670,532 808,279 862,253 51.62%
Debt Service (5) 1,678,236 558,853 1,256,397 (697,544) -124.82%
I ranweN 789,077 262,763 263,025 (262) -0.10%
Total $24,934,202 $8,303,090 $6,999,027 $1,304,063
Analysis of Major variances
(1) The positive variance in the General Government departments resulted from not having
begun the various projects tannen trom tnia aoarce — seeec rroject /AM; vity St- eenalee.
(2) The positive variance in the Planning & Building departments resulten from no monies
veiny expender in the Community uevelopment ttioeK Grant ab of uece,,,ber 31, 2005.
(3) 1 he positive varianc_ in the Satety nepartnie„ is is nine to tMee police anion
contract being approved in January, 2006, however, the retroactive salaries and benefits
will not be paid until February, 200o.
(4) The positive variance in the Public Works departments resulted from the waste
management contract ana First venicle not navingg bee,, pain in O tooer 2005 ann not
having beyun various projects funded trom tris soarce — see I-'roject Activity Schedule.
(5) 1 fie negative variance in the Punlic Utilities nepartrrlent reaulte5 troll, the Octo5er
payment of principal and interest on the utility Revenue bond. arid is partially onset 6y
not having begun various projects funded from this source — see Project Activity
Scnedule.
City of Atlantic Beach
FINArluIAL RtPUR 1
JANUARY ZUUb
Project Activity - c:urrent Year Activity Only
AGENDA ITEM #4A
r iaiiUARY 27, 20005
Project Name
Project
Number
YTD YTD YTD
tsad9et Actual Balance Status
General Government:
Uity hall E„pansion
Parks and Recreation:
Beautification
Subtotal
Subtotal
0004U-2
PRO601
2,816
$0 $2,816
2,816
0 2,816
45,000
0 45,000
45,000
0 45000
Public Safety
Police Buil'ainy Renovations PS05004 4/5,000 2,5 /U 4/2,430 U
Homeland Seco. ty !turns
P30501 138,000 0 138,000
Sabtotai 613,000 2,570 610,430
Pal6iio Wu' Ks:
Plaza Entrance/Post Office PW0305 55,080 54,687 393 1
RopRins CreeR Basin Pon PW0309 1,301.500 0 1,301.500 E
Mayport ROA Moaians PW04O i 346.855 0 346;058 E
Welcome Siyii aria Canascapiny i'vv0405 /8,000 0 78,000
Ocean/13th - Coast Drive/12th PW0409 139,116 3,063 136,053 I
Five Points Intersection Improvement PW0502 346,643 305,416 41,227 I
Sidewalks - New PW0503 26,175 0 26,175 I
P laza Drive Pnase 2 Pe-aestrian Path PW0504 30,000 106 29.8v4 I
5itlevvaiR3 - Replacements PW0505 10. /52 5,864 4,tsu8 I
Seminole Dim Reaawali I'V05U / "12,v /4 12,v/4 0
P atnway - Placa (Webt of Mayport Road) PW0508 2/,144 0 27,144 I
Concrete Floor for Shed PW0601 8,800 8,800 0 C
Medians Rehab - Atlantic Boulevard PW0602 20,000 0 20,000
Roll Off Concrete Pads PW0603 10,000 0 10,000
Si-aewalRs a Curtis PW0604 50,000 1,160 48,840 I
Paving or city Raii ParRitiy Cot PW0605 84,000 0 84,000
Patnvvays PW0606 149=000 0 149=000
5I wciiRRs- Sailtlsn,Koyal Paim & Fiances IwvO6O/ v0.800 0 v0,800
Selva Tierra Ditch Improvements i'vv0608 25,v54 0 L5, V54.
Pathway - Seminole Road Phase 1 PW0609 63,000 106 62,8x4
Pathway - Seminole Road Phase 2 PW0610 55,152 0 55,152
Subtotal 2,930,948 392,176 2,538,772
Public Utilities:
Security Upyraae/VVatei Plants ru0305 2.485 2,485 0 C
Headwork Improvementb at WWTPL I'u0310 52,02/ 52,Oz/ 0 C
Water Line at 10th Street & Beach Avenue PU0503 103,0/0 83,446 1 a,624 I
Mayport Road Sewer Crossing PU0504 50,000 0 50,000
Fence rceplacement at vvater Plant 1 PU0601 70,000 0 70,000
vvate. 1viain at Sailrisn Drive & Plaza PU0602 60,000 0 60,000
Sewer CIossiny Dtcn at Palm Cari my PU0603 30,000 0 30,000
t;elibet at Citt Station13 PU0604 44,650 0 44,650 I
Clarifier Rehabilitation H00605 100,000 0 100,000
Fence Replacement at WWTP 1 i DUbub 15,000 0 15,000
Sludge Container Refurbishment PU060/ 15;000 0 15,000
Subtotal 54L,232 13/,v55 404;2/4
States Key
B - Bid Awarded
C - Project Completed
D - Design Completed
Total $4,133,996 $532,704 $3;601,292
E - Design Phase
- Project In -progress
R - Re-oanyet ICeAt Fiscal Year
AGENDA 11 r:1V1 ff41i
rEISKUAI(Y 217 Luu6
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Acceptance of Ownership and Maintenance Responsibility
for Public Improvements on Stocks Street Extension
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: February 16, 2006
BACKGROUND: As discussed by Land Development Regulations, Article 24-
235, all requirements for a Certificate of Completion for
improvements dedicated to the City have been
accomplished. The improvements covered by this
Certificate include the stormwater collection system and
street construction within the Stocks Street Right of Way.
The water and sewer systems in the right of way were
previously constructed as part of the Section H
Improvements in the early '90's. The stormwater treatment
facility in thin neiyhbur hood will be privately maintained.
Cunstruution of thee improvements was monitored and
inbpeuted by City Fort;ca and all to ting ha been
atuumplished satlsfautor ily.
KI_GUIVIIVILNUA I IUIQ: I nat the UIcy auuept ownership and maintenance
r espunsi6ility for the sir eet and story i ivy ate r Collection Syatcm
witnln the Stuuks Street Right of Way.
A I I AeMIVILN 15: None
13000ii 1 : No 6udyet impact. Suneaule of valueb for public
improvements will 5e provided to Finance.
RtvItwtu BY (:I 1 Y IVIANAUEJ31
February 27, 2006 Regular Meeting
AGENDA ITEM #7A
r itsRUARY 27, 2uut7
CITY OF ATLANTIC BEACH
CITY COMMISSION STAT -I- REPORT
AGENDA l i EIMI: Proposed revisions to the definition of Impervious Surface within
Section 24-17 of Chapter 24, the Land Development Reyulatiuns, related to the
use of pavers, pervious concrete or open cy. rid paving systems, and the
appl uability of Impervious Surfat,e limits to existing developed Tots and
redevelopment.
SUtsMI i i Eu BY: t -<k RC carper, P.E. ,/f e --
Public
Public works Director
DATE: February 15, 2UUb
BAUKGKUUND: At the December 12th Commission Meeting, Staff was requested to
include in a proposed change to the definition of Impervious Area a revisiun that
eliminated the 50% impervious Credit for u�c of paver. This requested change was
included in Draft Ordinance uu-u6-i88 and referred to the Lummanity Development
Board at the January yth meeting.
The Community Development Board considered this
rCvis u►tu the definition of
Impervious Surface at their January 17th meeting. After considerable discussion by
the Cu Board and comments from the public, the uD Board recommended that the
changes related to the use ut pavers, pervious concrete or open grid paving systems
be adopted by the City Commission.
In additiui u, the prupused ordinance clarifies the applicability cit the city's 5u%
Impervious Sutface Area (ISA) limit with respect to existing development. This
clarification is necessary because of recent ISA waiver applications for properties
within older PUDs where an allowable ISA limit was not specified in the ordinance
creating the PUD.
tsuuGE I : No budget issues.
KEUUMMENDA TION: Approve on First Reading Ordinance 90-06-188 related to the use
of pavers, pervious concrete or open grid paving systems.
ATTACHMENTS: Draft Ordinance Number 90-06-188
REVIEWED BY CITY MANAGER:
February 27, 2006 regular meeting
AGENDA 1 i i wV1 #7A
FEBRUAR r 2 /, 2006
OKDIINAIVLEN UIV11iER 90-06-188
AN ORDINANCE Ulf' THE C;1'1'Y OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE (JI
OKDINANCLS, 111E LAND DEVELOPMENT REGULATIONS, SECTION
24-17, DEF1N1'11ONS, AND FM/ V1D1N(T AN L1111•L1;11VL DA1E_
NOW THEREFORE, BE IT ENACTED BY THE C1'1'Y COMMISSION ON
1sr:11A1r Or THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
11LORIDA:
SECTION 1. The "Luning, Subdivision and Land Development Regulations, adopted as
Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by
modifying Article u, Section 24-17, Definitions, Impervious Surface, and upon enactment of this
Ordinance, said detmition shall read as set forth below.
Impervious Surface shall mean those surfaces that prevent the entry ot water into the soil. Common
Impervious Surfaces include, but are not limited to, rouftups, sidewalks; patio areas, driveways,
parking Lots, and other surfaces made of uncrete, asphalt, brick, plastic, or any surfacing material
with a base or lining ot an impervious material. Wood decking elevated two or more inches above
the ground shall not be considered impervious provided that the ground surface beneath the decking
is not impervious. Pervious areas beneath root or balcony overhangs that are subject to inundation by
stormwater a a=d which allow the percolation of that stormwater shall nut be considered impervious
areas. S winuiring pools shall not be considered as Impel vious Surfaces because of their ability to
retain additional rainwater, however, decking around a pool may be considered impel vious
depending upon materials used. Surtaces using pervious concrete or other similar open grid paving
systems shall be calculated as tilty percent (SU%) Impervious Surtace, provided that no barrier to
natural percolation of water shall be installed beneath such material. Open grid Pavers must be
installed on a sand base, without liner, in order to be considered 50% impervious. Solid surface
pavers. (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any
reduction in impervious area, regardless ot type ot base material used.
Unless otherwise and specifically provided for in these Land Develupment Regulatiuns, or within
another Ordinance, or by other official action establishing specific Impervious Surface Limits fur a
particular Lot or Development Project, the fifty percent (50%) Impervious Surface limit shall be the
maximum Impervious Surtace limit tor all new residential Development and redevelopment. In such
cases where a previously and lawfully developed residential Lot or Development Project exceeds the
rliLy tJV/U) 111111 L, 1GUGVG1Vp1i1G1iC V1 aQQ1C1V115 CV Gn15Cu1 i�.51u�.uC1a11J�.v�.1vYu1�,11C 3uu11 uvC
exceed the pre -construction Impel vious Surface limit, provided the sto1111water and drainage
requirements of Section 24-00 are met.
Ordinance Number 90-06-188
AGENDA ITEM #7A
FEBRUARY 27, 2006
SECTION 2. This Ordinmce 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
tieacn, Duval county, Norida, in accordance with section 12.68, rlorida statutes.
Passed upon fust reading by the City Commission of the City of Atlantic Beach this th day of
, 2006. Passed upon final reading amd public this th day of
2006.
Approved a, to twin and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Al 1tS1 :
DONNA BUSSEY
City Clerk
DONALD m. WOLFSON
mayor and Presiding officer
Ordina��ce Number 90-06-188
AGENDA ITEM #Its
FEBRUARY 2/, z066
CITY O1 Al LAPI TIC BEACH
(:11 Y (:OMMISSION MLS L� 11P1(i
STAFF KN:YOK'1'
AGEnDA ITEM: Proposed Amendment to Ordinance 5-06-45 Setting the
Compcnsatiun of the Mayor aamd Commission
SUBMITTED BY: Jim Hanson,
DAll:: February 21, 2006
BACKGROUND: ordinance J -U6 -4J dewing with the salary of the Mayor and
Commission was amended when it was scheduled tor a second
reading at the last regular commission meeting on February 1:3,
2006. The aLrrendment eliminated paragraph B dealing with the
automatic raises. The City Commission then voted to approve the
ordinance on second reading, but later voted to table the
consideration of this item until the next regular meeting.
The ordinance as aarrended has some inconsistent language that
should be changed prior to a final approval. Some of the
"whereas" sections no longer mane sense if the portion of the
ordinance dealing with the pay adjustments is deleted. Paragraph U
of the ordinance stating that the increases tor the Mayor and
Commission do not negate the annual cost of living increase that
might be awarded each year to other city employees also does nut
tit Ufer deletion of the raise provision.
Mayor Wolfson will propose further amendments to this ordinance
at the .ommission meeting on February 27' to make the language
consistent aird that may be more acceptable to the city commission.
apecitical!y, he will recommend adding back paragraph ti card will
recommend that the word "shall" in the second line be struck and
replaced with the word "may". This would mean that it would t e
air action of the city commission to adjust the raises on an annual
basis aird would provide for a mechanism to do su. I recommend
that the commission also consider adding the sentence "Such
adjustments shaII be approved by the mayor and Commission in
the torm of a resolution" at the end of that paragraph. A marked -
up version of the ordinance with the proposed additional
aLrrendments is attached.
liUD)GEt: There are no budget issues at this time.
RECOMMENDATION: the City Commission should consider approving the Mayor's
proposed adjustments tor amendments to the ordinance prior to
AGENDA ITEM #7B
FEBRUARY 27, 2006
final adoption 01 make other amendments so that the final
ordinance is consistent in its language.
ATTACHMENT: Draft Ordinance 5-U6-45
AGENDA ITEM #7B
r J JiRUARY 27, 2006
uRDINANuE i' O. 5-uo-45
AIN URU1NANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAY'1'ER 2, AUM11NISI1(AllUIN,
ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY UI
MEMBERS, ANI) FRUVII)INU AIN El+l+EC11VE I)AlE.
WHEREAS, the City of Atlantic Beach provides comparisons of the salaaics of elected officials
throughout the State of Florida: and
WHEREAS, in October 2002, the City commission changed the City Code to require annual
reviews and adjustments of the Mayor's and City Commissioners' salary starting in November 2003 and
in October thereat -ter; and
WHEREAS, the City Commission established pay adjustments to be in accordance with the
average salary reflected in the rlorida League ot Cities Cooperative Salary Survey, Group II, for cities
of 10,000 to 49,999 population adjusted to delete full time positions and compare only the same cities
as included within the prior years surveys; and
WHEREAS, participation within the Florida League of Cities surveys from year to year from
the same cities is becoming increasingly small and may no longer be statistically valid;
1N u w, 1 nr,KEr ORE, B>✓ IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE Ute THE C11 Y Ut, A 1LAN 111.; BEACH, r LUKIVA:
Section 1. Section 2-20 ot the Code o1 Ordinances ot the City of Atlantic Beach, is hereby
=elided to read as follows:
Sec. 2-20. Salary of members.
(a) the annual salary 01 the mayor and commissioners shall be made in twelve (12) equal
monthly payments.
(b) Effective August 1 each year the basic salary of the mayor -commissioner and city
commissioners may be reviewed and adjusted by the Consumer Price Index tor All
Urban Consumers (Cpl -U) released in August. Adjustments, if any, shall not eAcQed the
.;ost of 1;vnig adjustment provided to general employees and shall be effective on
uctober 1 of each year. Such adjustments shall be approved by the Mayor and
Commission in the forst of a resolution.
(c) this review and increase in basic salary does not negate an mutual cost of living
increase that might be awarded each year to all City employees.
Page 1 of L
Section 2.
adoption.
AGJ NDA 11 J N1
FEBRUARY 27 2006
1 his Urainance shall take ettect immediately upon its final passage and
PASSED by the city commission on first reading this 23rd day of Januuy 2006.
FASSbI) by the City Commission on second and final reading this day of
, 2UU6.
Donald M. Wolfson
Mayor, Presiding Officer
ATTEST:
Donna Bussey
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Page2of2
Ordinance No. 5-06-45
AGENDA ITEM #7C
FEBRUAKY Li, zuu6
CITY OF ATLANTIC BEACH
CITY CuMMISSION STAFF REPORT
ACTE1'DA ITEM: Second reading and public hearing to con;der and adopt Ordinance 9U-
06 -1S9, an ordinance establishing a new Residential, Single-family—Large Lot (1' 5—L) Zoning
Dist' ict Classification within Chapter 24 of the Code of Ordinances for the City of Atlantic
tseach, Chapter 24 being the Zoning, Subdivision and Land Development Kegulafions for the
City of Atlantic Beach. (This pi oposea ordinance creates this new Zoning I'istrict
classification within the zoning regulation; it does not amend the Zoning Map or rezone any
al ea of the City to this new designation.)
SUBM11 1L1) BY; Sonya Doerr, AICP, Community Development Director �,,)
DA" L: February 14, 2UUb
BACKGROUND: Ill response to concerns elated to lot divisions that may i-cault in new lots that ale
smaller than Surrounding lots as they were originally platted, the City proposes to create a new Zoning
DSnict, which will be called xeSidential, Single-tamily-Large L7t (RS -L). Once this new Losing category
is created, the applopiiate area ot the city could be rezoned to establish thi3 RS -L District on the Zoning
map.
This proposed in, di11 ce only establishes the new ening category; it does not leLone any area ot the city to
this new RS -L designation. That aCtivn would require adoption of a Separate ordinance in accordance With
established procedu,C3, which include published and posted notice, as well as individual mailed notice to all
property owiici3 within and surrounding the arca proposed to be rezoned.
The City's Largest Tot residential Zoning District has bum' the RS -1 Zoning District, which leguires a
minimum 7500 Square toot lot with min;
lllulll width ot 75-teet and mininiuiii depth ot 100 -feet.
OC-canwalk, Selva Norte, Royal Palni3 atid Selva Marina are the a ea3 7,f the City currently zoned xS-1.
All ot these subdiviiCn3 ai-c consistent with the RS -1 Z- • 6 District, however, certain, unit3 within the
Selva Maim? Subdivision contain lots that ale substantially larger than the RS -1 District minimum
i,quirements. Some of thu3c lots; generally along Selva Maiina D ive, were platted as large as 150 -feet in
width and i00 -abut in depth. It is anticipated that these are the areas that would late be considered tor this
new Residential, Single Family-Laige Lot designation. The result 7,f applying this new coning L'i3 ict
designation to thCSC hiatmically larger lots would be that these lots could not be subdivided in that they
would not meet the minimum size requi�ements ot the RS -L Zoning Dish in. The proposed RS -L District
requires a minimum 10,000 Square toot lot with minimus, width of 100 -feet and minimum depth of 100-
teet. All other Standards such as height, Impelviou3 Surface limit and setbacks iciiiaui the same as in the
RS -1 District.
The city Coil llll considered this matter at the February 13th meeting, and tollowing list ,Lading and a
public hearing, voted upon first reading to approve the proposed Ordinanec.
BUDGE t : No budget issues.
RECOMMENDATION: Motion to approve and adopt upon 3ccond goading Ordinance 9u -0b-189, an
ordinance eatabliahing a new Residential, Single-family-Laige Lot (RS -L) Zoning District C1a33itication.
ATTACHMENTS: Proposed Ordinance 90-06-189
REVIEWED BY CITY MANAGER:
rCrnum), zi, z006 regular meeting
AGENDA I i r;lv1 #7C
FEBRUARy hi, 2006
ut(D NANCE IN UMBER 90-06-159
AIN ORDINANCE OF THE CITY l)If ATLANTIC BEACH,
COUNTY OF DUVAL, SIAIE ur' x'LuxLDA, AMENDING
ORDINANCE NUMBER 9U -U1-112, ARTICLE III, DIVISION 5,
CHAP .Etc 24, ZON1NU, SUBDIVISION AND LAND
DEVELurMv1EN 1' REGULATIONS, INCLUDING AMv1LNDMEN'1'S
1 tlEI E'I'u, '1'O ADD NEW SECTION 24-1t14, ESTABLISHING A
NEW ZONING DISTRIC r CLASSIr Ic:AI 1oN, '1'0 BE KNOWN AS
RESIDEN MAL, SIN ULE-r'AM1L Y — LARGE LO 1 (RS -L),
PRuvWIN G 1'u1( "ECORDAl'ION AND rRUVWIN 6 AN
Er'r'EC:'1'1VE DATE.
NOW 'THEREFORE, BE IT EN AU I ED BY THE CIT Y
COMMISSION ON BEHALr ur• THE rEOYLE OI+' THE CII Y or'
ATLANTIC tsEAC:r1, r LUKIDA:
SEC 1 I0N 1. Chapter 24, Zoning, Subdivision and Land Development Kegulations
Article 111, Loning Regulations,- Division 5, Establishment or Districts, of the Code of
Ordinances tor the City of Atlantic Beach, Florida is hereby amenaea to add new Section
24-1U4, with succeeding Sections to be renumbered accoraingly. This Section shall
establish a new Zoning District classification known as Residential, Single -gamily — Large
Lot (RS -L), and upon enactment shall read as follows.
DIVISIuN 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and rurpose.
The City of Atlantic beach shall be aiviaea by these Land Development Regulations into
Zoning Districts, as listed and describes below. These divisions and the requirements set
forth herein shall have the purpose of implementing the goals, objectives and policies of the
Comprehensive Plan. The following is established in this Division:
(a) The intent of each Loning District.
(b) General requirements tor each Zoning District, including:
(1) Permits Uses.
(2) Uses-by-r;xception.
(3) Minimum Lot SiLe.
(4) Minimum Yard Requirements.
(5) tsuilding Restrictions.
Page 1 of 4
Ordinance Number 90-06-1$9
AGENDA IiEivi *'XC
FEBRUARY z / 2006
Sec. 24-1U2. Zoning Districts Established.
The corporate area of the city of Atlantic Beach is hereby divided into Zoning Districts as
follows.
Coning District Classification
Abbreviation
Conservation
CON
xesidential, dingle-tamily—Large Lot
RS -L
Residential, Single-family
KS -1
Kesidential, Single-family
xs-2
Residential General, 1 wo-family
KU -1
Residential Uccncial, Two-family
KU -1A
xesidential General, Multi-tamily
RG -2
Residential General, Multi -family
KU -3
Residential Mobile Home
RMH
Commercial, Professional and uffice
CPU
Commercial, Limited
UL
Commercial, General
CG
Industrial, Light and w arehousing
IL W
Special Purpose
SP
central Business District
CBD
See. 24-103. No revisions to Jection
Sec. 24-1U4. Residential, Single-family — Large Loi Districts. (RS -L)
(a) Intent. 1 he KS -L Zoning District is intended for development of low Density Single-
tamily residential uses in areas where traditional established lot sizes are larger than
those typically located throughout the city o1 Atlantic Beach. All Development of
Land and Parcels within the KS -L Zoning Districts shall comply with the residential
Density limitations as set torth within the adopted Comprehensive Plan tor the city o1
Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the KS -L Zoning Districts shall be as
follows.
(1) dingle-tamily Dwellings.
(2) Acces3my Uses. (See Section z4-151.)
(3) Government Uses, Buildings and tacilities.
Page 2 of 4
Uidinance Number 90-06-189
AGENDA ITEM ii'i C
rr;ts1UARY 2I 2uu6
(c) Uses -by -Exception. within the KJ -L Coning Districts; the following Uses -by -
Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not ot a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions ot Section 24-159.
(d) Minimum Lot Size. the minimum siLe tor Lots within the K -L Loning Districts shall
be as tollows.
(1) Minimum Lot or site area: 1 en 1 housand (10, 000) square feet.
(2) Minimum Lot width: One hundred (100) feet.
(3) Minimum Lot depth: une hundred (1UU) tees.
1Jxisting legally established Lots ot Record may exist, which do not meet the above Lot
width, depth or area requirements. These Lots may be developed subject to all
applicable Land Development Regulations; however, all Lots created after the effective
date of Ordinance 9U-Ub-189, shall comply with the Minimum Lot Size requirements in
order to obtain Building Permits authorizing Development.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the KS -L Zoning
Districts shall be as follows.
(1) Front Yard: 1 wenty (2U) teet.
(2) Kear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one -halt ( Leet.
(1) Building Restrictions. Additional Building restrictions witnin the KS -L Zoning
Districts shall be as tollows.
(1) Maximum Impervious surface: Nifty (JU) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Pageof4
Ordinance Number 9U -U6-189
AGENDA 1'1'EM #7C
FEnxuAtcY 27, 2006
Sl:C1'IUhl 2. This ()nuance 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, r lorida, in accordance with Section 125.68, Florida
Statutes.
Passed upon hist reading and public hearing by the City Commission of the City of
Atlantic Beach this 13th day of rebruary, 2uu6. Passed upon tmal reading and public
hearing this L ith day of rebruary, 2UU6.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST :
DONNA BUSSEY
City Clerk
DONALD M. WOLFSON
Mayor/Presiding Officer
Page 4 of 4
Ordinance Number 9U -U6-189
AGENDA ITEM #7D
FEBRUARY 27, 2006
ORDINANCE NO. 95-06-90
AIN UKUIINAINCE Ur' IHE CI Y OF AILAIN 11C; BEACH, FLORIDA,
AMENDING CHAPTER 4 OF THE CODE OF OKLMNAINCES, ANIMALS,
ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOG AN
DANN GERO U S, l U rico vim, l+ OR ELMER ER LIAIiILIl Y INN S URAN CE UK
A SURETY BOIN1), AND FRUVII)IINCT AIN EFFECTIVE DATE.
13E 11 LINAC;1 E1) 13 Y I HE C11 Y UN BEHALF' Ut+' "1'HE PEOPLE
O1+' "1'HE CITY O1+' ATLANTIC BEACH, FLORIDA:
SECTION 1, Sec. 4-11(2)(d) of the Code of ordinances of the City of Atlantic Beach,
Florida, is hereby amended to read as toliows:
(d) Liability insurance in the amount of at least uuc twn hundred
thousand dollars ($-r 2uu,uuu.uu), su a surety bond on said dog of at
least erre twn hundred thousand dollars ($t 200,000.00), which bond shall ohligate
the owners of any such dog to pay to the City of Atlantic Reach and to any person
injured by such dog any damages and expenses incurred as a result of the conduct of
such dog or its owners''
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
rASNEh) by the City Commission on first reading this day of , 2006.
PASSED by the City Commission on second and tidal reading this day of
, 2006.
DONNA L. EUSSEY DONALD M. WOLFSON
City Clerk Mayor, Presiding Officer
Approved as to form and correcmess:
ALAN U. TENSEN, ESouIK ,
City Attorney
AGEINJA 111IY1 #7i
11 13KUAKY 2i 2UU
C1 l Y OPA I LAN lit: BEACH
C1'1' Y COMMISSION MEE'I'IN
STAFF REPORT
AGENDA ITEM; ORDINANCE NO.20-06-75 AMEN DIN u 111E urERA 1 IN (i
liUDUE 1 11 OR 111E UriY 011' AILAN1IC BEACH,
IcLUKIWA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2005 AND ENDING SEPTEMBER 30, 2006.
SUBMITTED BY: Nelson Van Liere
Finance Director
DATE: February 14, 2UU6
BACKGROUND -
The City Commission directed staff to proceed with the Public
Works recouuuendatiun as proposed in the r ebruary 1 i, 2006 staff
report, (sue attached agenda item "48u Mandalay Park Design tor
Mailbox Location"), trom that meeting.
BUDGET: The total impact of this ordinance on the City', fund balances 6
$17,000.
RECUMMENDA'HUN: Approve Ordinance No. 2U -U6-7
A'1"1'ACHMENTS: Ordinance No. 20-06-75
February 13, 2006 Staff Report and Drawing
.KE VIEWED BY Cl'1'Y MANAGER:
AGENDA ITEM #7r:
FEBRUARY 27, 2006
ORDINANCE NU_ 2U -U6-75
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CrrY ut4 A1LAN 1IC BEACH, FLORIDA FOR FISCAL YEAR
BIAiINNI1N(i UC1 UI31_+ R 1, 2UU5 ENDING SEPTEMBER 30, 2006=
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WIIEREAS, the nature of budgetary systems aua those day to day decisions affecting
such budgetary systems require adjustments from time to time.
WHEREAS, the City Co1n.nnission requested additional funding fur improvements to
Mandalay Park so as to placeaa public mailbox easily accessible to the citizens.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION UN
BEHALF O1 "1'HE PEOPLE Ut"I'liE C11 Y Ur' A 1 LAN"17C BEACH, ¥ LUKH)A, that;
1. 1 h fiscal Year 2UUS/ZUu6 l+inal Budget De awendvd as fulluws=
Half Cent Discretionary Sales tax Fund
EApeuses:
Public Works
Streets Division
Capital Outlay — Improvements 17,000
Change in r'und Balance <$17,000>
2 This urdinapc4 shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of Februzuy , 2006.
Passed by the City Commission ou second card final readin6 this day of March,
2006.
Donald .M. W oltson
Mayor / Presiding Officer
Approved as to form and correctness: AI I hS 1:
Alan u. Jensen, t squire
City Attorney
Donna Buzsey
City Clerk
AGENDA i i Divi #7r
FEBRUAKY L/, LUUS
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
S I AFF RtPUR
AGENDA ITEM: Mandalay Park Design tor Mailbox £ucatiun
Submi i i ED BY: Rikk Carper, P.E., Director ot Public Works
DATE: Januai y 31, 2UUb
BACKGROUND: At the January 9Q1 meeting, the (..:ommission directed Staff to prepare a
plan tura Manaalay Park Iodation for the USPS mailbox formerly at the 5 Points Intersec:tiun.
The attached sketch shows the prupused tram; islana, surruunded by Miami curb & gutter. This
proposea location provides a similar movement to the original 5 Points luc:aatiun. in this ;ase,
approaching traffic does nut Have a stop condition tu ta;ilitate re-entry into the traffic flow,
however, clear sight lines in the north & south directions should make this re-entry relatively
safe.
I o further enhance the location, start aisu proposes to remove the remaining excess pavement -
along the western side of Mandalay Park, leaving a two tout paved sNioulder, tu dad ;ur6ing ana
to landscape t5e new green space, inuluaingg Live Oak trees.
I he Mayport Fzoad Post orrice station Manager has the mailbox in temporary storage, awaiting
completion of City site preparations.
RECOMMENDATION: IUN: because ut cost and potential safety issues: Statt recommends the
Commission reconsider permanent removal ot the mailbox. inure is concern that northbound
trattic on Seminole may pull across 1 otR street to the entrance without looking for westbound
traffic on 16th. PAIL Works will leave the 16th Street 5 I UP sign at the current luuatiun and
add a new I UP sign near Seminole to Help alleviate this concern. An additional concern is tor
people pulling out of the mailbox location without looking for oncoming tram; un Seminole. Until
people get used to the new trams pattern there are going to be issues here. The Public Safety
Dire;tir has reviewed the design; he agrees it is relatively sate. Aisu, untie tEe mailbox is in
place; the newspaper boxes (pay and tree) will start tu proliferate at this location.
I he location on the Seva Marina Drive meaian is the safest of the locations previously
examined.
it tFie Gummission desires to proceed with this option, Statt requests a waiver to the Uity's
purchasing requirements (Gude Se;tiun 2-331, which requires that projects costing more than
$1u,uuu 6e set fur public bid), as authorized by Section 2-336(1). it approved, Staff proposes to
Nave the project constructed by tRe Point Repair / Concrete contractor, Gruhn May. 1 his will
greatly accelerate the speed with which this construction could be ;umpleted.
A I 1 AUHMEN Is: 1) sketch —Mandalay Park — south end
2) Code Excerpts, section 2-331 Fs, 2-336 (1)
BUDGE!
Nis request is not in the budget. The Commission will Nave tu determine
a funding source it this option is appruvea. Gruhn May's quote for
cunstruution of the Mandalay Park option is $16,06 to.
REVIEWED BY CITY MANAGER:
FED. Z/, -zuub rceyuiar Meeting
AGENDA i rEM #7E
r'EBRUAR Y 27, 2006
CODE OF ORDINANCES OF THE CITY OFATCANTIC BEACR, I-LUKIDA (excerpts)
Sec. 2-331. Bids --When required.
All 5upplie5 and contractual 5ervices_ when the estimated cost thereof shall exceed ten thousand dollars
($10,000.00) shall be purchased by formal, written contract tom the lowest responsible bidder after due
notice inviting proposals.
(O1a. No. J-8.�-1L § z, 2-1J-84; Old. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-336. Same—Exceptions.
The formal bid pro/cedu/�remays�defned in thi5� div �5�0,� �5 not ieq^uired inthefollowing cases:
(1) 11.71-14.1.1 Cho ci ' CP.Ml.�teei , by r Vow of Th r^ajority of t~os - nT4rnbers present, waives a formal
bid procedure;
Feb. 27, 2006 Regular Meeting
701± LF
MIAMI C RB
INSTACC (4)
BOLLARDS
6' LONG
OAK
OA
20'+
sAwCUT AsPRALT
APPROX 125'±
TRANSITI❑N RIAMI CURB
TO FLATTEN OUT IN
CASA 5 FEET
(BOTH ENDS).
APPRuX 100 sU Y Ds OF
ASPHALT & LIMER❑CK TO
BE REM❑vED, REPLACED
WITH 100 SQ YDS OF SOD
INSTALL STANDAKD uURE
APPROX 60± LF
AGEINUA 1 l i iv1 #/E
FEIiKUAKY L'/ 1006
C9
40'±
16TH
LV
( 1N r'r,r r )
= GU It.
AGENDA ITEM:
AGENDA ITJM #8A
r I JJRUARY 2/, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Follow-up to City Commission action denying a request for a Waiver
from Section 24-66 of the Land Development Regulations requiring
On -Site Retention for a lot located at 1718 Selva Marina Drive.
SUBMITTED BY: Rick Carper, P.E.; Public Works Director/—L
Sonya Doerr, AICP, Community Development Director
DATE: January 28, 2006
BACKGROUND: On November 28, 2005, the Commission took action to deny a
request for a Waiver from the Land Development Regulations related
Section 24-66(b), which requires on-site storage of stormwater rwater runoff
such that there is no increase in the rate or volume of flow to off-site,
for a property at 1718 Selva Marina Drive. Because of Staff error, the
owner, Mr. Fitzgerald, was not notified in advance that his request
had been scheduled for consideration by the Commission. When
contacted about the waiver der Tial, Mr. Fit .ycrald stated he had not
intended to yo forward with the waiver request at that time. Mr.
FitZye ald, has now submitted a written r waiver request Tor the
pug pose of beir ry heard by the Commission. rmission. (See attached
chronoloyy.)
Since it's passaye, LDR Section 24-bb(6) has 5eerr interpreted as
applyiny to sir iyle-famiIy develipr r rer it 5ecause the St. Johns River
Water Manayement District reyulates multi -Tamely development and
applicants with WIND permitted collection/treatment systems are
specifically exempted Trom this requirement.
RECOMMENDATIuN: As previously piuvided, Staff continueb to recommend disapproval
of the waiver request. LDR Section 24-bb(6) yives the Director UT
Public Works authority to waive on-site retention "iT storaye is
determined to 6e unr iecessar y or unattair ra5le . Ir r this case, Stan
feels it is Guth riecessary and attaina5le, arid that to yrarrt the waiver
would set a dangerous precedent Tor the Ulty.
ATTACHMENTS: Chuorioloyy OT requested vvaiver arid supportiny iritorrnatiun Trom
November 14th and 28th Uity COM!! rissior r meetir rys.
BUDGET: No budyet issues.
REVIEWED BY CITY MA AGLR:
Feloi nary z i, zuun reydar meetiny
AGENDA 11 L1V1 #8A
FEBRUAI(Y i, 2006
CITY OF ATLANTIU BtALt1
LI t r cuMMISsiON MEETING
STAFF REPORT
AGENDA ITEM: t-ulluw-up to city commission action denying a request for a vvaiver
trom Section 24-66 of the Land Development ReyolatIons requiring
On -Site Retention for a lot located at 1n i3 Selva Marina Drive.
SUBMITTED BY: RICK carper, P.E.; Public Works Director
Sonya Doerr, AICP, Community Development Director
DATE: December 3U, 2005
BACKGROUND: On November z� ZUUb, the commission took action to deny a
request tor a waiver from the Land Development ReyoIations relatad
Section 24-66(b), which requires on-site storaye Ur stormwater runoff
such that there is no incr ease in the rate or volume of flow to off-site,
for a pr uper!y at f ij Selva mar ina Drive.
Since that action, the prupeffy owner, Joseph t-itzgerald, has advised
Staff that it was not his intention to go forward with the waiver request
at tnat time and stated that ne had not been notified that the reyaest
nad been scheduled for consideration by the Commission. Mr.
Fitzgerald, however, had been in discussions with both Planning and
Public Woiks Staff regarding available commission agenda dates
and had submitted a written waiver request in October for the purpose
LA' being heard by the Commission. (See attached cnronology.)
While Staffs recommendation related to this matter remains
unchanged, Mr.-itzyeraid; upon written request to the City, may
submit a new or amended; waiver request if he chooses to do so.
UnliRCe Rezonings, Zoning Variances and Use -by -Exceptions; there is
nu 365 -day time limit to re -apply following a denial.
RECOMMENDA t JUN: As previously provided, Staff continues to recommend disapproval
of the waiver request. LDR Section z4-bb(b) gives the Director of
Public Woiks authority to waive on-site retention "if storaye is
determined to 6e unnecessary or unattainable". In this case, Stan
reels it is both necessary and attainable, and that to grant me waiver
would set a dangerous precedent for the City.
ATTACHMENTS: Chronoiogy or requested Waiver and suppulffiny intorrnation trom
November 14th and 28th City Commission meetings.
BUDGET: Nu budget issues.
RtvitwtD BY CITY MANAGER:
January 09, 2006 regular meeting
AG1 INvA ITEM #SA
FuittuARY 27, 2055
Chrunuluuy - 1718 SeIva Marina Drive — Public; VVurKs ueparffrnent
(All dates 2UUb)
May 5 — Plans received by Building Department.
May 10 — RuuTed to Public Works. (A54UU)
May 12 — Nubile Works comments with example On-site Retention ualuulatiol I
form faxed to Gamel Construction. Discussed C7,111111ei its with Mr. uamei 6y
ph ii Ie.
May 16 to May 2 ( — Met several times with Frank Gamel to discuss various
options for retention.
May 27 — Approved Ga111el proposal for on-site retention. Excluded rear half of
property trom calculations because it drains directly to Selva lagoon.
May 31 — Building Permit issued. (AS400)
October Ub — Ii iitiat discussions about waiver request with Sonya.
October 26 — Began drafting staff report reuominendiny disapproval of waiver
request.; discovered City Copy of drainaye plan i retention calculations missing.
uctober 28 — visited construction site — no copy of plan available on site.
October 31 — Phone conversation with Frank Games — Discussed that Mr.
FitLyerald was requests) ly waiver; was not aware ot that. He does not have copy
OT approved plarn.
November 7— Staff report submitted to City Mal layer.
November 14— Initial uominission consideration ot request. Not acted upon
because start riot sure applicant contacted.
November 28 — Commission denied waiver request atter start reported a letter
had been set to applicant (sent to wrong address).
DuCumber 14 — met with Mr. Fitzgerald and Frank Gamel to discuss On -Site
Retention requirement. Copies of Staff Report Fuld Commission minutes
provided to Mr. Fitzgerald. (Appointment was tor 3pm, snowed up at 1:10; I let
him know irieetiny would 6e a66reviated due to weekly meeting with City
Mal layer).
Action on. Resolutions
11::tion on Ordinances
AGENDA ITEM #8A
riisxuARY 27, 2006
No:e„LuCL Js. 2005 REGULAR CONLvtiSsiON pi'tr,Ei'it\�t:
Motion; ppoint Carole Varney to till the t-.►. ncv on tne free
Conservation. Board.
Moved by Wolfson, sec:uuUea t v Simmons
Pane 14
1:o tomisiutter Waters asked that the applications be included in the agenda
packets when action is scheduled to be taken.
Votes:
Aye: 5 -1 orno, Flctcla,;r, Simmv is, W iters, VYoltson
!Nay: U
ri lu`1'1UPI (-ARMED
0. Action on Reaolu[.ients
None.
7. Action un Orclinalmes
None.
y is e1 aaxvvuy .tsuaiitess 8.
d -
O
z
Miscellaneous Business
A. Request to reptat a portion of Block 1 withiLL Uuit 1 of the Selva
Marina subdivision, including an of Lot 33 and pori ona of Lot
32 a„d L.,t 34 for the purpose of creating three single-family
residential lots rau i, g in size irum 8167 square teet to 12,884
square Leet in Lot Area. This property is located at tare
northwest corner of 12th Stied and Sc Iva Marina Circle (city
Manager)
i'his item was acted :,r, earlier in the meeting.
B, i tfue; t fur a Waiver from..Lau,d Develeptrieu .1 guiations
Re..quire eo.t tui- Ora -Sate -Detention.. f ►r a lot located. at 1718
Selva Marina Drive (City Ntitiaawr)
City manager Hanson.noted that this item was addresser ale previous
Commission meeting and that the staff report was included in the agenda
packet akm tvitii tvir. Larper's recornnic,idatin for. denial ur lite rcglle L.
Kick. Carper, Director of Punlic Works,. added that staff did'Jot receive any
response from the applicant.
Motion: Denti' the request for a w ai wer from. Land 1Jeveiunrnrtent
Regulatirns i-ettuirenientfttr on -situ Leteutfuii for a lot located at 1718
SeIra Mari Liu Drive.
Nov rnh�, cl. - 5b
ArGI INJJA ITEM #8A
FeasxuARY 27, 2006
1(hrsl?t:Ait t [J\'II\'uS uj!V WI E1'lil`li Page 15
Commissioner Waters pointed out -staff's error in their calculations
.pertaining -to the owner's application and the need W treat all.pr„l,crtics
uniformly. in respect to stormwater retention requirements:
Moved by Simmons, t;t.uuded by Brno
Votes:
?dye: 5 - Borno, 141 etcher, Simmons, \Yam., Wolfson
Nay. 6
MOTION CARRIED
G _Request tor a Waiver from the Land Uevelopnent Regulations
to exceed the 50% Impervious Surface area limit within the
Sd Ya Linkside ruD for a lot located at l ei Linicsicie JJr ve,
North (City Manager)
Motion• Approve the request for a waiver to the 5U % Impervious
Surface Area liE1nt allowing for a maximum INA of 54% tor the lot
Iocated at 1538 Li1tkaidc ut xte.
Moved by Simtn.ons, sceandedBorno
Ckwirnis loner Waters disagreed witE swimming pools being c.ons,defed a
a en ious surface and indicated that this was contrary to the perspective of
the Saint Johns River Water Mana5,,ement District,. Ile believed :that water
from this property will run into another person's yard or into tl]e,sticet anti
stated that he would not approve this invest=
Charles Labassi, Linkside Drive, introduced himself as. the appli3nt
ai1d aUktiowlcd; ;d that ne exceeded the impervious surface area limit. tie
provided some background information on Mis.neighiborhood and his
involvement in the Linkside HomeowL ,L'Asuc:iation, He discussed the
results and effects of the stormwater runoff fcorn his t,ruperty.
Rick t.�acl,er, iuirei for of Public Works, display=ed a phut, of the lot i11d the
Coninuzssiuner dist;ussed the permeability and surface area ot the
applicant's de4k; ,wimrning pool, and pavers on the'property and Their
effect on surrounding arum.
Mayor Wolfson coltl_i lent t that Atlantic Beach hao a a-crr lenient
impc, viuus surtaL.c area requirement compared with that of othKr cities and
spoke against ,ranting the waiver.
The question was culled and a roll calf vutC.waS t7Ken by City Clerk
Bussey.
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AUt1NJJA 11EM iV1 1fZUE
AGENDA ITEM #8A
r EIRUARY 27, 2006
Cil Y UF Al LAN UK; BEACH
(:11 Y C UIY1MISblON Witt 1 IN
STAFF KtVUR r
Request fur a Waiver from Land DeVelupi i ICI it Rcgulutiui rs
I-iequirement for Un- Site Retention for a lot .located at 1716 Selves
Mar is la Ur ive
Rick Calper, P.F., Public Wt_is. Ducctui
October26, 2005
Land Development Regulations (LDR) eutiur1 24-tit())myths
site sto age or stormwater runott "such that there is no increase in the
rate uL volume ut vow to urr-sits: truir� every developed or
redeveloped Pal cel" (emphasis 1phasis added): i ne l.n uperty owner i;
requesting a waiverfrom on-site retention requirements by sayii rg the
LuK should not be applied to a new home within an already existing
sutai3ivision, stating the regulation "applies only to subdivisions and
lut to it Ldiviciudl tuts-, As noted, Section 24-bo(b) specifically applies
to both development aha ieaeVeicylRerit et me Parcel (lot) level.
Although the Siva Maaffil la Subdiv siis Nearly bulli oat, the lot in
question was undeveluped at the time uf the pen rt. Le uCst, I he
ii item yr LUt( Section 24-b6(b) is to ensure the capacity of e.istii y
turmvvater uiIieitiuii sy5teifiS is nut exca ed because of the
increase in stormwater iunuff caused by the increased impeiviuus
areas resulting from both development (new corllstl auto' i) and from
redevelopment (tear downs): That the property is beiny built to Iess
than 5u% impelvivas simply means it is complying with another
section of the City's LDK (Section 24.104 (f)): unrelated to on-site
retention.
1'uillio VVOr1s approved the Building permit request fur property at
1718 Selves Marina Driveur1 May 1.1,-zUU5. At that time, Public Works
had conducted several pion rrr iusn+s with the Builder (Garnet
Loirstruction) to obtain a plan for on-site retention that rrrct.t5espirit
of the Lrity"s Ld{ra Development Regulations. Because the lot ha
naturai Type 6 di(splits trout and rear); Staff agreed that the
portion of the lut dl ail tiny directly to tete Lagoon would not be
considered in the retention calculations. I ne rront num ut the lot
dills to Selva Marina Drive, with an exist' ig City eaten Drill L at the
curb. i.nis curb inlet is piped directly to Selva Lagoon alurly M►.
Fitzgerald's r rurmer n pi uperty line. Uonb ned with fiowfrom the inlets
immediately acrusSelva Moll U rC Drive, this 'I t3" pipe carries runoff
from approximately 700 linear feet uf Selva Mar irra Drive, over uu u'
AGENDA ITLivi #SA
FEBRUARY Z i, 2uub
AGENDA ITEM, W -au
NOVEM ts Lit 14, 20
Test ut Cive Oak Cane and 500 feet of the ,nurth side of I'air►rwuod
Nyeidr id all the pr uperties adjacent to these roads.
As a result of an Administrative overnight, tats is unable to find the
permitted drainage plan and epprcved un -bite rester rtion L dl aiativrts
tor Ms property. Staff requested a copy f► om the Bogie' who atatt d
ne did nut nava thorn either. However= the portion of the lot draii, ►,g
directly to the ]dguo►i was taKen into aLcount when the amount of on-
site storage required wasluutatea.
RECOMmENOA►IUN. Starr recommends disapproval of the waiver , meat. L.Urc
bouticiu 24bt (b) gives the Director of Public Works authority to waive
on-site
retention "it stataya is determined to be unnecessary ur
unattainable". In this ease, Staff Teals it is both necessary and
attainable, and that to urctnt th waiver would 't,t a danyernus
euedr✓nt for the City.
ATTACHMENTS- l) Waive' Request from Joseph Fitzgerald, 1718 Selva Marina. Drive
2) COAB Lid ueveiuprnerrt Kegulations; Section 24-66
3) Required retenttun vulame UdicUlatiUn worKsFeet
4) Site Plan --1716 Salva Math h la. U[ ive
BU GET_ Flu Sudget issues.
KtvltwrDBY CITY MANAG
City at Atlantic Beach
City Commission Mt ting
AI1L'INuA ITEM #8A
rh15KUAKY 27, 2006
AGENDA ITEM #Su
NO vil.mBER 14, 2005
AgUnaa.WAI,: Request .201' a ,waiver ror my property (1,718 SeIva Marina Dr.)
regarding Ru1ativu •-- Atlantic Beach Zoning, Subdivision) and Land Development
Kenulauons, Section 24-6t)(b).
Present Situation: upon apple nt ror a buildingpermit for my new home. Mr. Rick
Carver, P.E. Public Works Due tui u°z,et7',ectiau 24-G6tb) of the above regulation to
calculate the volume or run off and storage requirements tot nay indi victual lot at 1718
selva Matitaa Dr. The..resuiis trom the calculation required 3,140 cu. ti. 01 .-itoragc. Atter
disc.usjo„ with my builder, Ivit•. Frank Gariel, Mr.'c.._arper. reduced tree requirement to
2,500 cu. ft between the house acid the toad (seeattached sheet A). Upon sduitiunal
discussion with Mr.. Hamel; he agreed to a 6" birm to be consi. cted in the front of die
piopet y to retain the water. Then the building permit was: approved.
Waiver Request: 1 request that the Kegulation of Atlantic .beach, Subdivision and
Land Development, Sectiot, 24-66(b) not be applied to my property on I'118 Se.lva
Marina L)r.
Reasons: i do not believe that an individuallot, within an established
community ohould bC tcrquired to comply with a ,.Gaulation that has as its intent to cover a
ubc1nision and Land Development situation.. Selva Minns] %\gas derclupcd Lt the 1960's
and constructed the water management system for the subdivision, fog: all the homes at
that time. if the present thinking of Inc requil'en eni tor; a 25 year and 24 hour taintall (9.3
inches) ha uhamled sh,ce then, applviu$ this regulation to the two remaining properties
on the street, which do not ha,,e home:, on them, (2 nOu,es out of 4t)— 3%) Would nave a
small impact on the water management situation. Cerrctittly, there would not be enougn'
impact to correct the situation it the system isnowdefined to be unable to handle the
situation .,1, its present condition.
I don`t t?elicve the regulation is being applied to homes t.=incl] are being rebuilt or wide!
,7oing renoVatiom.
Reasoning The Iasi 40 feet of my property is located in the canal which is used
as the water management system for the sutgpivi,ivn. 1 heiG1'ure, 1:b ;' ul the total
property is being used tor the system presently- (150 ft, X 250 ft - 31_,5u0 Sq. ft, 40 It,
X 150 ft. = 6000 sq. ft.) Also, on the North East comer of the lot, which i in the street,.
there is a storm walks chain ,which collect: the water in to a buried 3 ft: ChrrtI4 ,ted steel
pipe clraiiiingunder the property into the ca,aal in Inc rear of the Iwale. I.t'eel that 1 am
alheady contributing to the water management of the community.
Reasoning (emit): The froat of the property (home to propel ty line is 75 tt X 150 ti.)
is 11,250:sq. .ft. If theinitial calculadon of a storage Lequircnlen.t (3,74u cu. It.) were to
At;ENDA "EM #rsA {E
FEtSRUAKY 27, 2u06 6
AbtocJA1ILiiI 71 tai,
NovEM;13ER iii, NOS
apply and the depth were % l c: then two thirds of the front yard would M a Holding pond.
Also, 1 followed tale regulat'ion regarding the tree retcution reaulatii,na and to follow this
water.ietention approach the trees in the holding pond area would be affected negatively,
u€nmary; The existing regulation, (section `i4-06 h) applies only to
subdivisions and not to individual lits.
Our building plans a,id'specs do not in any Way violate the
impervious surface. area limitof u`.''6 which was established in November of 2001.
In addition, the last 4U leer of our lot is in the canal, p in t of the
existing storm_ waterinana8enlent sdsteni. 1lherefole we already have. a storm water
management system on our lot.
The tact that Mc-. Carper reduced rice raqu irement indicates tliat he
also believes that t.11e resulting calculation is too inuch'for an individual lot,
Mr, xiaui Uamel, my construction rnanaaer, and an aaive builaer
for the ast 25 years at the beaches, nas also inhicated that he has never seen this kind of
approach io anindividual lot.
Se,;tion 24-46(d) perolts the commission to authorize limited
waivers on a case by case basis, from specific p, o v1SAOi,s vi the laud development
regulations when it is cenionstratea tb tt compliance with 5uth provision would be
unreaavnabk in conflict with the public interest, or a practieal i,�lposibility.
xegaras.
Joseph Fitzgerald
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AGENDA" "EM thiA
FEBRUAx r 27, 2006
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AGENDA ITEM #8D
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AGENDA ITEM #8A
FEBRUARY 27, NU,
i
AGENDA ITEM #SD
NOEMBER 14.2005
Ste_ Z4 -6o. Stormw ter, Drainage, Storage and Trcatmi ut Requirements_
(Emphasis aches)
(a) 1opuLtiaphy ani Grading. All Lots 0,41d Devekpuient cites shall be constructed and
graded lu sick a uuiuuter so that the stormwater drains to the adjacent Street an
existing natural element used to convey storinwaier (See sect1 iu 22-3ua dennitions;
Swwrnmater Mairdge Tient ayste ), or a C_.ity drainage siructur,. after meeting on-site
storage requirements, as listed within this Section. the City shall be provided vim a
pre -construction topographical un•ey privy to the. issuance of a Development Permit
au,d a post-conatru4tiun topographical survey prior to the issuance or a C:enitica e o'
Occupant} Said 5urveyrs shad be prepared by a li4ensed Flvaida survevur., and the
requirnrent for either or both surveys may be waived by the Director o1 Public
Works it deterrnit,ed to be unnecessary.
(b) On -Site Storage: the Applicant shall be 1eiluired to outride un--sitesturage. such that
rhe is no increase in the rate or .-alum.: of flow to oft -site. trorn evz, y
developed or red relop4a 1 arcei. and provide documentations and calculations to
demonstrate compliance. Development Projects previously permitted by the St. Johns
River Water Management District (SJIONF!V L)), which hate an in-curiipliarrw
retention or .detention system that collects anal controls run -alt are exempt. the
requirement tor on-site storage may be waiveduy the Uuuectur ot Public Works if
storage is determined to be unnecessary Or enattriitiabl_e.
Volume ealeulatiotls tor Lots that require on-site storage should be based on the
difference in run-off volume generated by the nes, irnpervious arca ("delta volume")
and would be . aiculated'by.
V=i; AR/12. ttrhere
V = '=otume of storage in eubiu feet,
A = area of he lot in square feet,
R = 25 year and 24 hour raintall dhpth (9.3 inches) over the lot area and
C run-off coefficient, which is 0.6 for the 50% maximum imperviousness, 0.4
fvf 25% imperviousness, and 0.2 tor 0% imperviousness.
1 his delta volume (pont ,•, minus pre \T in cubic feet) must be stored at least 1 toot
above ttie wet season water table irid below the overttow point to off-site (in many
cases this may be the adjacent road elevation). As an option, and as approved by the
Director of Public works, the owner of the 't,arc el .to be developed or redeveloped
may implement, at the applicant's cost,: ott-site storages and necessary conveyance to
euntrol existing flood stages orr-sits.
(c) Flood Plain Storage: There shall be no net loss ot stora<Te ter areas in. the 100-ycar
floodplain, where a tloodplain elevation lac been detrtted by either the t'ederat
bme,gn.,y Managetrient Agency (FEMA) on Flood Insurance Rate Maps (FIRMs),
the 1995 Starmwater Master Plan, the Core City project, or the 2UO2 Stonii ester
Master Plan Update (erg._ Hopkins Creek). Site grading shall ereate storage on-site to
mitigate for tilling of volume on-site. this storage is in additiun to the storage
required tor the increase in Impervious Surface Area.
AGENDA II EM #8A
FEBRUAI r 27, 2006
AGENIM ITEM #81)
NOYEMELK 14, 2UU3
(d) Stormwater Treatment: Stonnwater treatment shall be provided t6r a volume
equivalent to either retention oL detention lvith filtration, of the run-off tion the first
one (I) inch of rainfall; or as an option; for facilities NYith a drainage area of less than
one huludrert (ivy) acres, the first one-half (1 12) inch of i un -off pursuant tv Ulapter
62-25, Florida Administrative Gude (FAL). No discharge frees stormwater
facility shall cause or contribute to a violation of water quality Stanlards as pt.n.r ded
in Section 62.302 of th4 Honda Administrative Lode. This treatment volume canbe
included as part o. t the on-site srolagc remuilement in item d (2) of this Section.
(e) NPDES Requirments: All construction activities shall be in conformance with the
Lny`'s National Pollutant. Discharge -Elimination Systems (NPDES) permit, in
addition to the rcluirements of the Water Management . District and the Florida
Department of Environmental .Protection NPDES requiretnents-include use of Best
Management Practices (13MPs) prior to disuhar .e into natural or-at'Uncial drainage
systems. Beginning May I, 2003, rell construction projeeta of one acre or more will
require a NPvts permit.
(r) Enforcement: Subsequent to approval of a property owner's tinal grading including
un -site anFl or flood plain ztorage and z,tormwater treatment, the improvements shall
be fnaintainedby the property owner. Failure ti 1[Inittiii, the improvements will
rt.yuire testuration Brion notification by the DircUcn. of Fublic Works, within a
stipulated time fi4uae. It restoration is hot tiniely- completed, the City shall have the
right to complete the restoration, and the City's actual cost incurred, together with a
chai:ge of 100% of said costs to cover the taro's administrative expenses, shall he
charged to the u*ner.
Alih1VUA 11E1V1 $SA
r E1i1UA1Y 21 Luuto
A.ULNNUA 1'.1.It 1 finJ
hOVEmBER 14, 2005
tcun+,tr Volume Calculations (Ret City of Atlantic Beach Zoning, Subdivision and
Land uev iupme;<itRegulations Section 24-00(b): 1718 Selva Marina Drivc
Vottun+ calcutatia ,.s in, lncsmat require on-site storage should be based on the
offa[cQ.b) the ,,cw ui ci v,ous aicu (.•aclt * v'Cllu:ue") and would, be calculated by
V= volume of storage in cubic feet,
A= area c.f the lit;,,
K = v) year aut124 hour rainfall depth (9.3 inches) over the lot area, and
C =run-off coefficient, Which ,s. 0.5 fu, th4 tiious Olvcia}e, 0.4 for "5%
impervious coverage, and 0.'� for O% impervious cii,iz rage.
This delta vo1um4 (pc,st ,,inti N,C V u, Cable feet) must ae sum ca at =1st 1 foot above the we:t.
season. water ble and below the overflow point to off-site (in mangy case3 this u,a,)' De the adjateIlt Ir:iti
Ab an option, am; as approvect ty the Director of Public Works, the owner of th, r,,, aei - t)c
devel ped o1 ,cZtcv- topecta,4,ax iiupi u,cut et tat uppIii:aui'S u05i, offsite storage and Necessary
conveyance to control exIstiug fl,rva .tags off-site.
Calculation: 1/2 total 1Ot sic.'c due to type ti ckeivar,e — 38484/2 = 17,424 ti`
e41.e vel opulent:
yvh t.oc ^ U :C (,yp irapCRJuua fauc) *. 1 7.424 ft2 a'ct. ' in.�l2in.tft
V = 2700 ftp
* 4. 1,4144
IZunpi-l'' Wolurr�e = 0.6(3u Y(, uc:
riY, <10uS AIIIfaC�� 1 1l` y.:i t,�ll ain.lft
8102 its
Delta Volume = 8 tuz ft$ - 2700 R''stU2 rt' (1 tlin is ale vtrlume-of storage that must be provided
tot, citric, on tree building site, or w th Public Works app, ova1, orxsite)
Required Documentation: the
1+,cc „ c� h1, cK. v,� aeLtio,. vu raving ra
ana Dina ?c Plan showing the
and amount of storage pro:id d. (See csanipic Below)
Stormwater Storage
Reguireluents
Area
Percent Impervious
Runoff` Vo um
Predekelopment
1 t'
Fc'
Post Development
Ft`
Fe
Storage Volume Required.
Ft3
Storage Volume Provided:
Ft`
AGENDA ITEM #8B
tLIRUARY 27, 2006
cl I Y ur ATLANTIC BEACH
ITY COMMISSION MEE l INU
STAT r REPuRT
AGENDA ITEM: Biky.IC Path Construction — Recommended Options
SUBMITTED BY: KikR Carper, P.E.; Public Works Director/ -
DATE: February 17, 2u06
BACKGROUND: biKe NatM uunstruction for prior year projects iS complete or in progress.
TMe Plaza Road section now extends from Orchid Street (Rose Park) to Parkside
Drive, with cumolutiun of the final segment to the 5 Points Intersection expected
it March. The Seminole Hum path from Garden Cane South to ucear rforest
Drive North is cumNlete.
Rt Strategic Planning sessions Reid in April 2005, Statt was asRed
to evaluate placing a Shared use Nath along Main Street to provide a connection
between l ideviewa Park and Dutton Island ParK. At the June 27th Gommissiun
meeting; Staff was directed to develup plans for extending tnu BiKe Path from
Rose ParK to main Street. The original route examinad was up Rose Street to
Cevy Road, then west to Main. Because of constructability concerns, Staff
changed tl1e rwrt5 ley to run along Orchid Street to Cevy Road.
Because of truck traffic along Cevy Road and proximity of the bike
Nath to the pavement edge, Star anticipates using 6'' thick concrete tar large
portions ut Cevy rcuad to reduce damage resultir ry tram trucks driving over path.
i Mere are substantial impacts tu drain rage not included in the preliminary Levy
Road cost estimate. Because of these issues, Statt nuw believes the Orchid
Cevy route would cost more than $1 (5,000 to construct.
As an alternative route to Main Street, Statt recummer las the
Commission cur raider building the bike path alar ry tRe r rvrth bank of the West
Pima Ditch. Including landscapir ry and guardrails where necessary, a
preliminary cult estimate indicates this segment could 6e built for less than tl1e
urcMid / Levy track. In addition to being away from traffic, this uptiur r also
provides thu Uyyurtunity for construction of rest areas / pocket parks where thu
street ends of Violet arra StucCCs Streets intersect the West Plaza RiyMt of Way.
RECOIVIIVIENDA i ruN: Staff prepare an in-depth evaluation of placing a bike path alar ry the
West PiaLa Ditch bank and present recummer rdatiuna to the commission.
Segment
Est. cost
Rose ParR tu main Street (via Orchid
Street and Levy Road)
$1f5,uuu
Rose Park to Main Street (via West
Plaza Ditch)
$125_uuu
ATTACHIVIEN i S: GIS Plot of proposed biKe Path additions
Overhead PMutua of Proposed West Placa Ditch Location
BuDuET: Current Year: $15u,000 has been allocated in Account 001-5002-541-
6uu for bike path construction it r r Y z006.
REVIEWED I Y OTY MANAG
_ 31ONIW3S
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AGENDA ITEM #8B
FEBRUARY 27, 2006
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3
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ours
ruture Tears
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Note
—•—•- Bridge
—•—•- Future (?)
In Progress
—•—•- Proposer!
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AGENDA ITEM:
SU131VE1i 1E 15Y:
DA'Z'E:
15ACKGROUND
BUDGE '1':
RECOMMENDATION:
A'1"1'ACHIVILN IS:
AGENDA ITEM #8C
FEBRUARY 27, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAr F REPOR
Appointments to Board Member Review Committee
Jim tlanson, City Man
February 21, 2006
The Mayor and Commission adopted a resolution making changes to the
makeup of the Board Member Review Committee at the last regular
commission meeting. The resolution calls for the appointment of a City
Commissioner and two citizens of Atlantic Beach. the resolution
indicates that the ideal citizen appointments Would have backgrounds or
experience in committee work or huma�.� resources. All three
appointments are to be appointed by the Mayor and are subject to approval
by me commission.
h is appropriate tor those appointments to be made before the newly
revised Board Member Review Committee can meet.
No budget issues.
The three appointments should be made to the Board Member Keview
Committee in the near future.
Adopted Kesolution NO. U6 -U3
AGENDA I i r tvi #8C
FEBRUAR r z/, 2006
KESULU'1ION NU_ U6 -U3
KESuL u 1 ION OF l tiE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
THE NUMBER OF MEMBERS, ArrOIN uvu ru Or' 1v1EM13EKS AND
MEMBERSHIP CKl'1'EKIA r'UK •1'HE BOARD MEMBER KE VIE W
COMMITTED', PROVIDING FOR AN EFFECTIVE DA'Z'E ANI) FOR U'1'HEK
PURPOSES.
WHEKEAS, a Board Member Review Committee was created by the mayor and
Commission by resolution U5 -U4 adopted on April 11, "LUUS to review applications and make
recommendations for the appointment and reappointment of members to the city's Boards and
Committees, and
WHEREAS, conflicting language between the city charter and several ordinarrccs in the
city cone has been iaentifiea by the City Attorney which has resulted in a need to amend several
provisions relating tu the membership of the Board Member Review Committee , arra
WHEREAS, it is in the best interest of the city to =end the original enabling resolution
ob-o4 to make changes to the number of members, the appointment of members, the criteria for
membership and to make sever aal aaaitionaa modifications to the original provisions.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follows;
SECTION 1. Creation: Resolution Ub-04 of the City of Atlantic Beach creating the
BOARD MEMBER REVIEW COMMITTEE shall be amenaea as follows.
NEC IION 2. ruipose: The puipuse of the Board Member Review Committee is to
encourage citizens to apply to serve on the city's boards aiid conuiuttees including requesting
applicants to consider other boards or committees than those that they originally applied fur, to
review and consider available applications when vacancies occur, to consider recommending
existing board and committee members to an aaaitionaaI term and to make recommendations to
the Mayor as to which applicuts tu appoint tu fill those vacancies.
SEC'1IUN 3. membership: there will be a total of six(6) members on this Committee.
The first member will be one of the sitting City Commissioners, who sha11 serve as chairmm of
the Committee, shall serve a one-year term and will be eligible for additional terms. Each one -
y ear term fur the Commissioner shall begin on December et. "Phis member shall be appoinrea by
the Mayor and be subject to the approval of the commission. The City Managa will
automatically be a member and will remain a member as lung as employed by the City . The
tliira and fourth members shall be citizens of Atlantic Beach. 1 hey will be appointed by the
AGENDA ITEM #8C
FEBKUAR r 27, 2006
Mayor subject to approval of the commission. The citizen members should have backgrounds ur
experience in committee work or human resources. the citizen appointments shall serve two-
year terms which will be staggered and be eligible to serve a second two-year term. The hath
member will be the chairman ot the board or committee tor which vacancy or re -appointment is
currently being considered. They shall serve only for those meeting where membership on their
board or committee is being corrbidered. The City Clerk shall serve as a non-voting member and
perform all necessary administrative duties.
SECTION 4. Duties and Responsibilities
(a) Review available applications for vacancies on city boards and eummittees and
interview applicants as the Committee determines necessary to make intormed
recommendations.
(b) Receive input on the needs of the boards and committees that have vacancies for
consideration as to the geographical, professional and philosophical balances needed so that each
of those boards and committees can successfully aeconnplish their intended purposes established
by the Mayor and commission.
(c) When a reappointment is being considered, solicit and receive input from the
Chairman, nnennrbers or the staff liaison of the bard or committee where the vacancy has
occurred, or others on the appointee's past record of service including, but not limited to,
attendance, preparation and overall contribution to the board or committee.
(d) Make recommendation(s) to the Mayor on appointments or
reappointments to the city's boards and committees as set forth in the Charter of the City of
Atlantic Beach. xecommendations shall be in the form of eunnuittee minutes along with copies
of any applications ot all candidates interviewed.
(e) Make additional recommendations tor membership it the Mayor does not approve the
original recommendation for appointment or if the Commission docs not approve the Mayor's
recommendation.
SECTION 5. Meetings and Notice: the meetings ot this Board Member Review
Committee shall be set at regular times and will be open to the public as well as to the other city
elected officials although non-members of the Board Member Review Committee shall only
observe and not be active participants in the meeting. A notice of meetings shall be provided in
accordance with state law. Additionally, copies of the applications fur appointment shall be
transmitted to the Mayor and commission prior to any meetings where interviews will be
conducted and in the city commission agenda packet.
SECTION 6. Effective date: This Resolution shall take effect immediately upon its
final passage and adoption.
PASSED by the City commission this
day ot , 2006.
ATTEST:
DONNA BUSSEY
AGENDA ITEM #8C
FEBRUARY 27, 2006
DONALD M. WOLFSON
City ulcrk Mayor
Appruvd as to form and corrcinss:
ALAN U. JENSE;N, LSQUIKL
City Attorney
AGIiviA r r E1V1 #Sr
FI IiKUAKY L/, ZUU6
SE" 1" 1'LEMEIV't AUKEEMEIV't
THIS SETTLEMENT AGREEMENT (this "Agreement") is dated and entered
into as uf the day of February, 2006, by and between Lindley Tolbert Design,
Inc., a rlurida corporation (" 1 ulbert""), and the City of Atlantic Beach, Florida (the
`City").
KI CT1 ALS:
A. 1 olbert is the owner of certain real pruperty located within the boundaries
ot the City, as more particularly described on the attached exhibit "A' (the "Tolbert
Property"), and contained within the Selva Marina subdivision lying within the City's
municipal boundaries. Tolbert also asserts that it is the owner ot a strip ot land one (1)
foot wide by one hundred (100) feet lung lying immeaiately adjacent to the northerly
edge of the 1 ulbert Property (the "Contested Laird").
13. Un or about , Tolbert applied for approval from the city to
reconfi6ure the Selva Marina subdivision to create three new lots on the 1 olbert Property
gird the Contested Land, consisting of Lot 1, containing 8,167 square feet; Lot 2,
containing 11,625 squue feet; and Lot 31, cuntainiiig 12,884 square feet (the
"Application'').
C. On November 15, 2005, the City's Lana Planning Agency, the
Community Development Boaid, met nn public hearing to consider the Application.
Atter hearing from 1 olbert and from others, the Community Development Board voted to
recommend to the City Commission that the Application be denied.
D. On November 28, 2005, the City Commission convened its regular
Commission meeting, including a quasi-judicial public hearing on the Application. After
hearing testimony from 1 ulbert and others, the City conuuission closed the public
hearing and deterred making its decision on the Application to its December 12, 2005,
meeting. At the December 12 meeting, the City Commission voted to deny the
Application.
h. Un January 11, 2006, Colbert challenged the City's denial uf the
Application pursuant to Section 163.3215, rlorida Statutes (2UU5), by Complaint filed in
the Circuit Court uf the Fourth Judicial Circuit in and tor Duval County under Case
Number 16 -2006 -CA -000433 (the "Complaint"). In addition, 1 ulbert challenged the
City's denial of the Application by Petition fur Writ of Certiorari filed in the Circuit
Court ot the Fourth Judicial Circuit in and for Duval County under Cas Number 16-
2006 -CA -000434 on January 11, 2UU6 (the "Petition"), (collectively, the "Cases").
F. Tolbert and the City desire to settle the Cases on the terms and conditions
set forth in this Agreement.
NOW '1 HEKEF URE, in consideration ot the mutual terms, covenants and
conditions contained nn this Agreement and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parries agree as follows:
{00130489.DOC;.3}
1
AGENDA ITEM #8E
FEBRUARY 27, 2000
1. Recitals. The foregoing recitals are true and correct and are
incorporated by reference as part of this Agreement.
2. Moaitications to the Application.
a. The parties intend that the size of the three new lots on the
1 Olbert Property be consistent with other lots contained in the Selva Maarma subdivision,
namely a minimum of U.23 acres.
b. Pursuant to that intent, Tolbert agrees to reconfigure the
three new lots on the Tolbert Property as shown on the attached Exhibit "A," with Lot 1
containing 10,000 + square feet, Lot L containing 10,9 /8 +/ square feet, and Lot 3
containing 11,475 +/- square feet. None of the three new lots will contain land lying
within the Contested Land.
3. 1 olbert acknowledges that construction on the three new lots as
depicted on the attached Exhibit "A" will be required to meet applicable current City of
Atlantic Beach Land Development Kegulations aria any applicable private covenants and
restrictions eAisting at the time of development
4. Dismissal of the Cases. Within five days of City Commission
approval of the three new lots, Tolbert shall the a Notice of Voluntary uismissal with
Prejudice of the Complaint and the Petition.
5. Kemedies. Each party to this Agreement shall have all reiucdies
available at law or in equity to enforce the terms of this Agreement and each party agrees
that time is of the essence of this Agreement.
6. Venue. Venue for any actions brought to enforce this Agreement
or tor breach of this Agreement shall be filed in Duval County, Florida. The prevailing
party in such action shall be entitled to recover the cosh of such suit together with all
attorneys' tees through ana including all appeals and including all litigation to determine
entitlement to amount of such fees.
1. Effective nate. This Agreement shall be effective as of the date of
execution by the last party signing this Agreement.
8. City of Atlaic Beach Approval. Tolbert understands that the City
of Atlantic Beach City Commission must consider and approve this Agreement at a
public meeting arta mat this is a condition precedent to the full execution of this
Agreement by all parties.
9. Attorneys' Fees. Each parry to this Agreement shall bear its own
attorneys' fees and costs incurred in connection with the Cases.
1U. Counterparts. phis Agreement may be executed in counterparts,
all of which shall constitute a single, original document.
{uu13u489.vOC.3}
2
AGI IJA 11 Eivl #8E
FEtsxuARY z/, X006
11. Releases. Except for fulfillment of the obligations under this
Agreement, each parry to this Agreement releases 1i other parties from all claims, kno wu
or unknown, pertaining in any way to the Cases or the matters related thereto, provided
that such release will be effective only if all conditions precedent and subsequent to this
Agreement becoming ettective are fulfilled.
IN WITNESS WHEREOF, the parties, through their duly authorized
representatives, have executed this Agreement as at the date set torth below.
LI NILE Y rOLBERT DESIGN, INC., a
Florida corporation
By:
Print Name:
Date: , 2006
(00130z89.DOC.3)
{00130489.DOC.3}
AGENDA ITEM #8E
FEBRUARY 27, 2006
C11Y COMMISION 0 if C1'1'Y U1+'
A'1'LAN'1'IC BEACH, FLORIDA
By:
Print Name:
lts:
Date: 2006
4
AGENDA ITEM #8E
r E.BRUARY 27, 2006
SHEET 1 OF 1.
VERDI'
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