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Agenda Packet 4-10-2006- vCity of Atlantic Beach City Commission Agenda April 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING APRIL 10, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 27, 2006. 2. Courtesy of Floor to Visitors 3. Unfmished Business from Previous Meetings A. City Manager's Follow-up Report 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Public Works and Utility Department Monthly Report and New Occupational Licenses issued in March (City Manager) B. Authorize rejecting the submitted bid for the Resurfacing of Five Tennis Courts (Bid No. 0506-9) and rebidding the project with modifications to the bid package to add sportmaster material as an equal, similar to the City of Jacksonville as recommended by staff (City Manager) C. Extend the contract for pest control of city facilities for one additional year to Tru- Green/Chemlawn at the contract price of $13,492 (Bid No. 0405-9) (City Manager) D. Extend the annual contract for electrical motor and pump repairs for one additional year to Industrial Equipment Services, Inc. at the current contract prices (Bid No. 0304-13) (City Manager) E. Extend the current annual contract with American Landcare for Trimming Palm Trees for another year at the current prices: Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $ 15.00 each and Medjool (Date) Palm Trees $20.00 each. (Bid No. 0304-14) (City Manager) F. Authorize City Manager to execute a construction services agreement with Builders Care to proceed with Housing Rehabilitation for repairs to 402 Skate Road, 631 Amberjack Lane, 91 Ardella Road and 36 Jackson Road in accordance with the FY 2005-06 CDBG contract, and approve waiver of the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within the report (City Manager) G. Acknowledge the Emergency Repair of Air Main at Wastewater Plant #1 (City Manager) 1 5. Committee Reports None 6. Action on Resolutions None 7. Action on Ordinances A. Ordinance No. 90-06-191, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE- FAMILY (RS -1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-06- 189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE -FAMILY -LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 90-06490, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 5-06-46, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE KNOWN AS SEC. 2- 131. REAPPOINTMENT TO BOARDS & COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST EXPIRE BEFORE A TERM LIMITED MEMBER MAY BE REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 95-06-90, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 95-06-91, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND REGULATIONS, AND PROVIDING AN EFFECTIVE DATE F. Ordinance No. 58-06-31, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE 2 G. Ordinance No. 20-06-76, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 8. Miscellaneous Business A. Request from Tropic Heating and Air, Inc. for a Use -by -Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at a fully -developed site located at 750 Mayport Road (the former Bonafide Pools - Bob's Palm Trees site.) (City Manager) B. Proposed Ordinance to require the standardization of newspaper racks in certain areas, to provide for the sharing of cost between users, limiting the City's liability and requiring maintenance (City Manager) C. Request from Friends of Atlantic Beach Elementary for additional funding for the Track Construction Project and for authorization to sign a Memorandum of Understanding with the Duval County School Board D. Request for funds for USS. Farragut Commissioning (City Manager) E. Discussion on possibility of providing matching funds for a clock to be placed at the Five Point Intersection (Mayor Pro Tem Waters) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 7, 2006. 3 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING APRIL 10, 2006 *Amended AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 27, 2006. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Public Works and Utility Department Monthly Report and New Occupational Licenses issued in March (City Manager) B. Authorize rejecting the submitted bid for the Resurfacing of Five Tennis Courts (Bid No. 0506-9) and rebidding the project with modifications to the bid package to add sportmaster material as an equal, similar to the City of Jacksonville as recommended by staff (City Manager) C. Extend the contract for pest control of city facilities for one additional year to Tru- Green/Chemlawn at the contract price of $13,492 (Bid No. 0405-9) (City Manager) D. Extend the annual contract for electrical motor and pump repairs for one additional year to Industrial Equipment Services, Inc. at the current contract prices (Bid No. 0304-13) (City Manager) E. Extend the current annual contract with American Landcare for Trimming Palm Trees for another year at the current prices: Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $ 15.00 each and Medjool (Date) Palm Trees $20.00 each. (Bid No. 0304-14) (City Manager) F. Authorize City Manager to execute a construction services agreement with Builders Care to proceed with Housing Rehabilitation for repairs to 402 Skate Road, 631 Amberjack Lane, 91 Ardella Road and 36 Jackson Road in accordance with the FY 2005-06 CDBG contract, and approve waiver of the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within the report (City Manager) G. Acknowledge the Emergency Repair of Air Main at Wastewater Plant #1 (City Manager) 1 5. Committee Reports None 6. Action on Resolutions None 7. Action on Ordinances A. Ordinance No. 90-06-191, Introduction and PUBLIC HEARING** AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE- FAMILY (RS -1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-06- 189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE -FAMILY -LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 90-06490, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAP 1'ER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 5-06-46, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS & COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST EXPIRE BEFORE A 'PERM LIMITED MEMBER MAY BE REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 95-06-90, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICT E I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 95-06-91, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICT ,F TTI, PUBLIC PARKS, BY ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND REGULATIONS, AND PROVIDING AN EFFECTIVE DATE F. Ordinance No. 58-06-31, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE G. Ordinance No. 20-06-76, Introduction and First Reading 2 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 8. Miscellaneous Business A. Request from Tropic Heating and Air, Inc. for a Use -by -Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at a fully -developed site located at 750 Mayport Road (the former Bonafide Pools — Bob's Palm Trees site.) (City Manager) B. Proposed Ordinance to require the standardization of newspaper racks in certain areas, to provide for the sharing of cost between users, limiting the City's liability and requiring maintenance (City Manager) C. Request from Friends of Atlantic Beach Elementary for additional funding for the Track Construction Project and for authorization to sign a Memorandum of Understanding with the Duval County School Board D. Request for funds for USS Farragut Commissioning (City Manager) E. Discussion on possibility of providing matching funds for a clock to be placed at the Five Point Intersection (Mayor Pro Tem Waters) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment ** Agenda was amended to indicate that Item 7A is an Introduction with a Public Hearing. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, foiiiis for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 7, 2006. 3 Attendance MINUTES REGULAR CITY COMMISSION MEETING March 27, 2006 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Bomo Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Manager Jim Hanson City Clerk Donna L. Bussey City Attorney Alan C. Jensen Call to Order/Pledge Mayor Wolfson; called the meeting to order at 7:15 p.m. The Invocation, given by the Mayor, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed everyone to the meeting and reviewed the procedures for conducting Item #2, Courtesy of the Floor to Visitors. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on March 13, 2006. Motion: Approve the minutes of the Regular Commission Meeting on March 13, 2006. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Alan Potter, 374 rd Street, addressed Item 8E and spoke against acquiring the church property for a retention pond at Hopkins Creek. He insisted that the current drainage system is sufficient in that area and believed it to be unnecessary to spend money for a retention pond there. He asked that the City abandon this project. At this time, the Mayor addressed the proposed rezoning ordinance and the large amount of interest and involvement regarding the issue. He acknowledged the importance of the citizens' concerns and asked that a proper demeanor be maintained during the comments. Gil Phillips, 331 Seventh Street, spoke against the potential rezoning issue and against the study by Winter and Company. He believed that the City March 27, 2006 REGULAR COMMISSION MEETING Page 2 currently has enough rules and regulations regarding building and residential standards. Mayor Wolfson pointed out that the Commission would not be taking any action on the new residential design standards issue tonight. However, he encouraged and urged all interested individuals to attend and participate in the workshop on April 11`h George 1Vlayforth, 10 Tenth Street, addressed Item 7C and reiterated his concerns regarding designating pools as 40% impervious and thus reducing the size of homes allowed on a lot. He pointed out that swimming pools provide storage capacity for stormwater and suggested that the City have professional engineers review the issue. Mr. Mayforth insisted that pools should be exempt from the impervious surface designation. Brian Sexton, 320 Ninth Street, read a letter from the Save Atlantic Beach organizationto be printed in the Beaches Leader newspaper. The letter stated the group's opposition to the proposed ordinance and the restrictive residential design standards that it would set. He encouraged all citizens to read the proposed code and communicate with each other regarding the issue. Michael Hoffmann, 176 Camelia Street, discussed the announcement that the City Manager authorized that $50,000 in Community Development Block grant funds be transferred to Habitat for Humanity. He believed the Commission should discuss the issue and examine ways to use the funds to assist low -to -moderate income neighborhoods within Atlantic Beach. He suggested projects such as providing sidewalks, improving drainage, replacing broken playground equipment, or creating a buffer against the effects of the flyover. Mr. Hoffmann also pointed out the difficulties in establishing the Buckman Trust property as part of the public domain. Instead, he asked that the City put that money and effort towards purchasing land for a playground in the Marsh Oaks area. Kelly Elmore, 1615 Beach Avenue, identified himself as a professional landscape architect and questioned the proposed 40% impervious designation for pools. He believed that the burden of stormwater management should not be placed on property owners but should be provided by the City as a utility. Michael Charest, 1858 Beachside Court, declared that he enjoys the diversity of Atlantic Beach and is concerned with the potential impact of the adoption of the draft ordinance. He asked the Commission to review and reconsider the ordinance and help the citizens make the community a better place for all. Leslie Platock, 1640 Beach Avenue, expressed serious concerns with the proposed draft and its possible effect of preventing homeowners from building a pool at their residence. She believed that the proposed residential March 27, 2006 REGULAR COMMISSION MEETING Page 3 standards could be considered an illegal taking without representation under the Fifth amendment. She asked the Commission to determine how many citizens really support the draft ordinance. Bob Parrish, 1731 Beach Avenue, opposed any new residential standards and indicated many citizens have signed a petition stating the same. He responded to the Mayor's column in the Beaches Leader and discussed perceived personal attacks by the Mayor and Commissioner Fletcher. He indicated that no studies have been performed to determine the potential financial impacts of the proposed residential standards. He strongly discouraged the City from taking away property rights without a clear mandate or proper compensation. Chris Griffith, 75 Coral Street, stated that the City's Community Character project is unrealistic and that it would be hard to actually live in a residence conforming to the proposed standards. He discussed the problems with the new residential standards and asked the Commission to reconsider them. Jim Smith, 1958 Beachside Court, praised the diversity of Atlantic Beach residences. He believed that the broad nature of the proposed ordinance is not in the best interest of the majority of the citizens and that it would seriously diminish property values and negatively impact the diversity of the City. He asked that the Commission discontinue its pursuit of this ordinance. Carol Mikell, 1771 Sea Oats Drive, commented on the power of knowledge and the value of people getting involved in the issues of the City. She stated that pools should remain designated as 100% pervious. R. D. deCarle, 51 Beach Avenue, spoke against the ordinance regarding the impervious designation of pools. He believed that the Winter and Company study does not address the specific needs of Atlantic Beach. He discussed lot sizes within Atlantic Beach and mentioned the issue of property takings as related to the proposed standards. He spoke in favor of eclectic residential diversity and against a cookie -cutter community. Rick Allen, 320 Eighth Street, stated he is in favor of property rights, but is concerned that a commercial interest in property values is the primary concern of the Save Atlantic Beach group. He spoke in favor of property owners' rights to enjoy their premises as residents as opposed to property rights of commercial real estate interests. Dana Carpenter, 1415 Ocean Boulevard, supported the Commission's efforts to consider the recommendations of the Winter group in order to maintain the growth and character of the City. She asked the Commission to help clarify and streamline communications so that the proposals are not confusing or too complicated for the citizens to help make the decisions. March 27, 2006 REGULAR COMMISSION MEETING Page 4 Patricia and John Goelz, 1359 Beach Avenue, discussed the need for compromise in order to create a code that will maintain the diversity of Atlantic Beach. They believed that supporting property rights goes along with preserving the character of Atlantic Beach. Kate Gamble Dickson, 320 Twelfth Street, expressed frustration that the conversation has centered around property rights. She believed the issue should also include a vision for the community which includes more green space and neighbors' rights. She expressed the need to improve communication and to see a bigger picture. Michael Dillon, 335 Nineteenth Street, acknowledged that an elevated level of debate is important for the City and its residents. He discussed the definition of quality of life and asked that the correct conclusion come out of all this consideration and study. In conclusion, Mayor Wolfson noted that this process is very important and stressed that the Commission supports what is right for Atlantic Beach and takes its responsibilities seriously. He encouraged the citizens to continue being involved in the process and pointed out that the process is ongoing and far from being complete. He thanked everyone for their good demeanor and approach as responsible citizens and neighbors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report None Consent Agenda 4. Consent Agenda A. Acknowledgereceipt of Utility Sales Report and Financial Report for February (City Manager) B. Award the bid for the replacement of the Fire Bay doors to Vigneaux in that amount of $21,105.00 (Bid No. 0506-10) (City Manager) C. Authorize rejecting all the submitted bids for the Resurfacing Project (Bid No. 0506-7) and rebidding the project with modifications to the bid package as recommended by staff (City Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Page 5 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO: 06-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO RECOGNIZE AND SHOW APPRECIATION FOR EMERGENCY COMMUNICATIONS OPERATORS SERVING THE CITY OF ATLANTIC BEACH City Manager Hanson explained the purpose of this resolution. Chief Thompson, Director of Public Safety, described the Emergency Communications Operators job as often high stressed and unappreciated. Commissioner Waters made a grammatical correction to the sixth `Whereas' in order to maintain singular/plural agreement. Motion: Approve Resolution No. 06-04. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Resolution 06-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF 2006, AND PROVIDING AN EFFECTIVE DATE. Commissioner Borno commented on the difficulty in comprehending the attached bill. He spoke against supporting the resolution. Motion: Approve Resolution No. 06-05 as presented. Moved by Fletcher, seconded by Waters Commissioner Fletcher reported that he spoke with Senator Nelson's office in order to receive clarification of the bill's intention. He stated that the bill protects Florida waters, except for a small area that is more than 150 miles off the coast, from offshore drilling. He emphasized his support of this resolution. Commissioner Simmons stated she called both state senators' offices for more information. She believed this issue is more complicated than March 27, 2006 REGULAR COMMISSION MEETING Page 6 presented and has a long history attached to it. She stated she is not prepared to vote on it tonight. Commissioner Borno spoke in favor of exploring U.S. resources in order to reduce dependence on oil from the Middle East. Commissioner Fletcher viewed the bill as a chance to support protection of Florida's environment. Commissioner Simmons pointed out the great difference in perspectives on the purpose of the bill and stated her preference that the Commission be better informed before voting on the issue. Mayor Wolfson expressed concern with Louisiana being able to drill for oil offshore of Florida and believed this was the primary concern addressed in the bill. Commissioner Fletcher moved to withdraw his motion and Mayor Wolfson seconded. Motion: To defer action until April 24, 2006. Moved by Fletcher, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-06-90, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read Ordinance No 95-06-90 by title only. Commissioner Borno explained that this ordinance would increase the liability insurance or surety bond requirement for a dangerous dog from $100,000 to $300,000. Motion: To approve Ordinance No. 95-06-90 on first reading. March 27, 2006 REGULAR COMMISSION MEETING Page 7 Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 5-06-46, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS & COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST EXPIRE BEFORE A TERNI LINIITED MEMBER MAY BE REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 5-06-46 by title only. Motion: To approve Ordinance No. 5-06-46 on first reading. Moved by Borno, seconded by Fletcher Commissioner Borno pointed out that this ordinance establishes the criteria of a time span to pass before an individual could be appointed to the same Board or Committee. He thought that the time span should apply to an individual being appointed to any other board or committee, not just the one on which they served. He asked that the language be changed to read that a person may not be appointed to any other board or committee until one year has passed since that person served the maximum number of terms on a board or committee. Commissioner Waters spoke in favor of allowing a board member who is termed out to apply his/her skills and experience to a different board or committee without having to wait a year. He did not want to limit the City's pool of candidates for all boards and committees by preventing an individual from being considered for a board other than the one on which he/she just served. Commissioner Fletcher and Mayor Wolfson agreed with Commissioner Waters. The Mayor pointed out that an individual termed -out of one board would still have to go through the selection process in order to serve on a different board. Votes: Aye: 4 - Fletcher, Simmons, Waters, Wolfson Nay: 1- Borno MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Page 8 C. Ordinance No. 90-06-190, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 90-06-190 by title only. Motion: To approve Ordinance No. 90-06-190 on first reading. City Manager Hanson asked Public Works Director, Rick Carper, to explain the rationale behind the 40% impervious designation for swimming pools. Mr. Carper reviewed the information he presented at the previous Commission meeting. This information contained calculations and diagrams that compared impacts of three different percentages of a pool's impervious surface when applied to a 5000 square foot lot. He reported that the average pool has 6 inches of freeboard and that the average 25 -year storm creates 9 inches of stormwater. Mr. Carper explained that the approximate ratio of the two figures led to the 40% impervious designation. Commissioner Waters and Commissioner Fletcher believed it to be a good compromise. Commissioner Waters asked how the ordinance would be enforced. Mr. Carper responded it would be enforced through the building permit review process. Commissioner Waters stressed the need to enforce this regulation if implemented. Commissioner Simmons pointed out that the recommendation from the Community Development Board differed from the ordinance being considered tonight. She stated her respect for the Community Development Board's guidance and supported their recommendation, noting that pools collect water and are a valuable component of the community. City Manager Hanson explained the drainage system process in the City. He noted that, even though a large amount of money and effort has been put towards its improvement, the drainage system is currently at its maximum capacity and every foot of impervious surface adds to the amount of flooding in the City. He explained the necessity for the impervious surface regulations in the City. Mayor Wolfson asked how other nearby communities treat swimming pools. Mr. Carper reported that Neptune Beach treats pools as an impervious surface and that Jacksonville Beach does not address the issue. He pointed out that the St. Johns Water Management District addresses bodies of water with soil bottoms, such as ponds, not pools which have impervious bottoms. March 27, 2006 REGULAR COMMISSION MEETING Page 9 Moved by Waters, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Waters, Wolfson Nay: 1- Simmons MOTION CARRIED D. Ordinance No. 95-06-91, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read Ordinance No 95-06-91 by title only. Motion: To approve Ordinance No. 95-06-91 on first reading. Moved by Simmons, seconded by Borno Commissioner Borno asked for clarification of the Trespass After Warning procedures and the punishment for violation of the state law. Chief Thompson, Director of Public Safety, responded and answered questions relating to the types of violations and the punishments. Commissioner Fletcher pointed out that there is language in sections (a) and (b) providing for purging the juvenile's record of violation, but there is no mention of it in section (c). In order to be consistent, he asked that the ordinance be amended to include similar language in section (c). Motion: To amend the ordinance by adding the following statement to section (c), after "for one year.": "The juvenile information will be purged after 90 days unless there are subsequent violations". Moved by Fletcher, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To approve Ordinance No. 95-06-91, as amended. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 27, 2006 REGULAR COMMISSION MEETING Page 10 Miscellaneous Business 8. Miscellaneous Business A. Request from General Sign Service Corporation on behalf of Pan Am Mini Storage for a waiver from the sign regulations to allow for the full face replacement on a nonconforming pylon sign located at 2383 Mayport Road (City Manager) Sonya Doerr, Director of Planning and Zoning, stated she would be happy to answer any questions. Mayor Wolfson asked the applicant to come forward to address the Commission. Randall Ginzig, owner of General Sign of Jacksonville and Beach Neon Sign of Atlantic Beach, stated he represents Terence Kane, owner of Pan Am Mini Storage at 2383 Mayport Road. He informed the Commission that the sign has been in that location since 1988, and that it is now considered a non -conforming sign due to the new sign regulations that were passed by the City three years ago. Mr. Ginzig reported that the sign has been damaged by gunshot holes and, as a result, is a potential safety hazard. He stated that his client was asking for a waiver from the sign regulations in Section 17-14 (3) which states that a nonconforming sign shall be made conforming when certain changes are made. Commissioner Borno inquired about the estimated remaining lifespan of the sign if it were still intact. Mr. Ginzig responded that the sign could last another ten years if it had not been damaged. He discussed the quality of the material being proposed for the replacement sign and indicated it is very costly, yet very resistant to damage. Commissioner Borno discussed the eight -foot maximum height requirement for a conforming sign and questioned if the sign would create a visual restriction for traffic if it was replaced at that height. Mr. Ginzig noted the sign is seven feet tall and thus would have to be set at ground level to conform to the height requirements. He indicated he would not advise a customer to put a sign up at that level due to the possibility of it being damaged. Commissioner Simmons asked about the time limit for existing signs to conform under the new regulations. Ms. Doerr reported that the ordinance was adopted in 2003 and that the amortization time period states that all signs have to be brought into compliance by September 2012. Commissioner Simmons questioned the extent of structural damage and asked why the owner would want to replace the sign now if he has to replace it again in six years in order to make it conform to the code. Terence Kane, 333 Pablo Road, Ponte Vedra Beach, introduced himself as the owner of the business and reviewed the pictures displaying the damage done to the sign. March 27, 2006 REGULAR COMMISSION MEETING Page 11 Commissioner Simmons asked if the sign panels would be replaced exactly as they currently are, with no changes to the format. Mr. Kane stated he could make the new sign identical or with less lettering. Mayor Wolfson asked Mr. Kane if he understood that his sign would have to be replaced within six years in order to comply with the City Code. Mr. Kane acknowledged that he understood this. Commissioner Waters commented on a letter received from former Commissioner Beaver who had advocated adoption of the sign regulations. Commissioner Waters supported following the law and requiring the replacement sign to conform with the new sign code. He did not believe the Commission should set a precedent by granting the waiver. Mayor Wolfson: and Commissioner Simmons expressed concerns regarding the different ways that vandalism could be used to force compliance or to avoid compliance with the sign ordinance. The Mayor asked Mr. Kane why he does not chose to invest in a replacement sign that conforms with the law at this time. Mr. Kane responded that his current sign is a major source of advertising for him and he has the funds to conform when required in six years. Motion: To approve a waiver from the sign regulations to allow for the full face replacement, on a nonconforming pylon sign located at 2383 Mayport Road for this owner only and only for the duration of the remaining six years and for duplication of the sign as is, with no changes. Moved by Borno, seconded by Simmons Votes: Aye: 3 - Borno, Simmons, Wolfson.. Nay: 2 -Fletcher, Waters MOTION CARRIED B. Approval of candidates for Board Member Review Committee (City Manager) City Manager Hanson presented the background information on this item. Commissioner Borno stated that he met with both of the candidates in order to discuss the intent and function of the committee. He strongly supported both appointees. Commissioner Fletcher echoed support for both individuals. Motion: To approve appointing Glen Fisher and Casey Quinif to the Board Member Review Committee. March 27, 2006 REGULAR COMMISSION MEETING Page 12 Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Options to address nonconforming provisions related to residential structures made nonconforming by the proposed Residential Development Standards (City Manager) Sonya Doerr, Director of Planning and Zoning, explained that this item addresses existing structures that would become nonconforming if the newly proposed residential standards were adopted. She indicated that the draft presentedwould allow a structure, that was legal by the previous standards but made nonconforming by the new standards, to be rebuilt in its footprint in the event it is destroyed by a natural act. She pointed out that the language proposes that if the size of a residence is increased by more than 25%, that additional portion would be required to comply with the new standards. City Manager Hanson provided further clarification on the types of nonconforming issues and noted that this item was brought before the Commission in response to citizen concerns regarding rebuilding currently approved structures if the proposed ordinance for new residential standards were to be adopted. Commissioner Simmons discussed the complexity of the issue and suggested looking into revising the proposed requirements so that the new standards would not result in so many current structures becoming designated as nonconforming. There was discussion regarding what types of catastrophes qualify as natural acts that would allow for reconstruction of a nonconforming structure. It was the consensus of the Commission to allow staff to incorporate the proposed language into the process being addressed in the Community Character workshops. D. New Parks and Recreation Eventsplanned by Cultural Arts and Recreation Committee (City Manager) Timmy Johnson, Director of Parks and Recreation, commented on some of the events planned. Mayor Wolfson commended the Cultural Arts and Recreation Committee and expressed appreciation for their efforts in offering so much to the City. March 27, 2006 REGULAR COMMISSION MEETING Page 13 E. Staff report on future land use designation for church property in connection with property for Hopkins Creek retention pond (City Manager) Rick Carper, Director of Public Works, presented information and photos relating to this item. He indicated that three -acres of this property was originally zoned High-density Residential but was inadvertently and incorrectly reclassified as Public/Semi-public land when the Comprehensive Plan map was re -drawn in 1993. Mr. Carper reported that the City's appraiser has advised that it would be difficult for the remaining one acre of High-density land to be developed if the City purchased two of those three acres. In order to avoid creating damages by purchasing those two acres for the Hopkins Creek project, staff recommended designating a matching two acre parcel of the remaining church property as High-density Residential in order to create a full three -acre High-density zoned parcel. City Manager Hanson added that staff recommends the Mayor sign a letter to the Sunrise Community Church committing the City to designating a matching two -acre parcel of the remaining church property to be High- density Residential if the church should want to sell it in the future. Sonya Doerr, Director of Planning and Zoning, emphasized that this is a Comprehensive Plan designation error, not a zoning issue. She informed the Commission that this requires an amendment to the Comp Plan's Future Land Use Map. There was further discussion regarding the zoning of the property surrounding the area. Mayor Wolfson inquired about Mr. Potter's strong opinion that the Hopkins Creek retention pond project is completely unnecessary. Mr. Carper responded that the flooding issue is not totally resolved and that he has provided the City Manager with a timeline documenting the flood problems. City Manager Hanson stated that the project's engineers have addressed Mr. Potter's points on several occasions at the Commission meetings. Commissioner Borno concurred that a lot of effort has been given to addressing Mr. Potter's questions and concerns and that the research supports proceeding with the retention pond project. Mr. Carper discussed the additional benefits the pond would contribute to the City complying with proposed TMDL guidelines. Motion: To authorize the Mayor to sign a letter to Sunrise Community Church committing the City to seek a Comprehensive Plan change to the Future Land Use Map to designate two acres of the property to High-density Residential, if at some future date the Church should pursue sale of the affected parcel. City Manager March 27, 2006 REGULAR COMMISSION MEETING Page 14 Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Communication with citizens about community character project (Mayor Wolfson) Mayor Wolfson provided the Commissioners with a copy of a letter he wrote to the citizens of Atlantic Beach in order to clarify the history, status, and concerns regarding the community character initiative. This letter is attached and made part of this official record as Attachment A. 9. City Manager A. City Manager's Report Speeding on 20th Street Provided an update on a citizen's request to review the speeding on 20th Street and the possibility of putting speed bumps there. He noted that a traffic counter installed by the police department indicated there was not sufficient reason to install a traffic controlling device. However, he reported that a `Children Playing' sign will be posted on the street. Hazardous Waste Collection Day Reported that the Hazardous Waste Collection Day was held in the City Hall parking lot last Saturday. He indicated that the City set another record for attendance with 979 vehicles dropping off items. Reclaimed Water Ordinance Noted that Art Graham advised the City of this proposed ordinance being considered by Jacksonville requiring water customers to connect to any reclaimed water lines in their vicinity. The City Manager reported that there are no reclaimed water facilities anywhere near Atlantic Beach and the City would prefer not to be included in the ordinance. He stated, if needed in the future, the City could adopt its own ordinance. Volunteer work Commended Commissioner Borno on volunteering his time to help raise money for local charity by working at the Exchange Club's cheeseburger concession stand at the TPC last Saturday. Reports/Requests City Commissioners City Attorney March 27, 2006 REGULAR COMMISSION MEETING Page 15 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno ❖ Asked that the City send an official letter to Jacksonville asking not to be included in the proposed reclaimed water ordinance. ❖ Commended Rick Carper, Director of Public Works, for the Tree Conservation Board minutes and the rapport he has established with that Board. Commissioner Fletcher ❖ Congratulated the Mayor on his letter to the citizens and the clarification it provided on the issue of the Community Character project. Informed the Commission that he and a group of individuals have an effort underway to continue educating the citizens of Atlantic Beach about protecting the character of the City. The Mayor commented that the tone of the communications regarding the issue has improved since his letter was published. He stressed the importance of citizens being involved in the process. Commissioner Waters ❖ Discussed a letter from a citizen on 19th street requesting speed bumps on that road. He questioned if there was a problem with speeding in that area. Chief Thompson responded and indicated that the police department is already preparing to set up a traffic counter on 19`h Street. ❖ Brought up a letterreceived from Ms. Morgan regarding trash being piled up on her property on Beach Avenue. He asked that the City look into the situation and act on it if necessary. ❖ Reported that Neptune Beach has backed out of pursuing the beach's welcome sign. ❖ Noted that a group of citizens has raised half the money needed to put a clock at Five Points Intersection. He indicated that the City typically will match grants when half of the funds have been raised by private groups. He asked if any of the Commissioners would be willing to reconsider their vote on the issue. It was agreed to place the item on the agenda for discussion at the next Commission meeting. Mayor Wolfson ❖ Received a letter through the City Manager from John Meserve asking for a contribution from the City to assist with the March 27, 2006 REGULAR COMMISSION MEETING Page 16 commissioning of the USS Farragut. He asked that the Commission be given a copy of the letter so it can be discussed at the next meeting. ❖ Reminded staff that at the last meeting, the Commission had asked them to provide a proposal on the responsibility for subdividing lots. City Manager Hanson understood that the item would be brought back to the Commission after going before the Community Development Board again. • Announced that the Florida League of Cities' Florida League of Mayors convenes tomorrow. He stated that he, Commissioner Waters, and the City Manager will be attending and will report on it at the next meeting. •:• Thanked the staff and Commission for their efforts and endurance in going through the process for all the changes being proposed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:35p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk AGENDA ITEM #4A APRIL 10, 2006 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 3/31/06 Commission authorized negotiation on 4/28/03 with CDM for Hopkins Creek design and approved contract for preliminary design report on 6/23/03. 30% plans received 11/17/03. Staff has begun discussions with church for property acquisition. FDOT approved alternate typical section with 13' median. Survey and design are in progress. Public meeting (30% design review) was held on 12/12/05. Next public meeting scheduled for June 2006. Concrete work complete. Bridge contract awarded to A -One Dock Builders. Estimated completion 4/30/06. Complete with exception of signage. To be completed by 4/30/06. Project to add cameras at treatment plants and automated door locks at plants and City buildings. Contractor making site visits to determine optimum camera locations. Door lock materials on order. Callaway Contracting has completed hardscape construction. Landscaping complete. Decorative lighting to be completed by April of 2006. PROJECT NO. AND INFORMATION (D) = Camp, Dresser & McKee (CDM) (D) = GAI Consultants, Inc. (D) = Public Works (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Connelly & Wicker, Inc. (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Access Ltd. (C) = Access Ltd. (CE&I) = Public Utilities & Public Safety (D) = HDR Engineering (C) = Callaway Contracting (CE&I) = Public Works PROJECT DESCRIPTION Hopkins Creek Regional Retention Facility Design = 30% Construction = 0% Mayport Medians Design = 30% Construction = 0% Bike Path on Plaza (Parkside Dr. to Seminole Rd.) Design = 100% Construction = 90% Bike Path on Seminole (Garden Lane to Oceanforest Dr. N.) Design = 100% Construction = 100% Security Upgrades at Treatment Plants and City Bldgs. Design = 100% Construction =0% 5 Points Intersection Improvements Design =100% Construction = 90% ,-I N M tet' AGENDA ITEM #4A PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 3/31/06 1 Design complete. Contract awarded to Callaway Contracting. Construction complete. COAB right-of-way construction complete. U.S. Post Office construction awaiting additional funding. Estimated start date is late Spring. DEP permit received 01/03/06. Navy awarded contract to Gateway Contracting. Preconstruction meeting to be scheduled. Awarded by Commission 10/24/05. Purchase order issued, ordering equipment. Contractor performed site visits to verify genset location and set up. Awaiting equipment delivery. Contractor set forms for concrete bases. Prequalification packages received 02/09/06. Pre-bid meeting held 02/16/06. Bids received on 2/22/06. Contract awarded to Gruhn May, Inc. on 3/13/06. Preconstruction conference scheduled for 4/5/06. PROJECT NO. AND INFORMATION (D) = Bowen Civil Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Public Works (ROW) and Transystems Corp. (USPS) (C) = R&B Contracting (CE&I) = Public Works (D) = Reynolds, Smith & Hill (C) = Gateway Contracting (CE&I) = Navy, Public Works (C) = Ring Power (CE&I) = Public Utilities (D) = CH2M Hill and Public Works (C) = Gruhn May, Inc. (CE&I) = Public Works PROJECT DESCRIPTION Ocean & 13th Drainage Improvements Design = 100% Construction = 100% Plaza Road Post Office Entrance Modifications Design = 100% Construction = 100% Ribault Bay Water System Upgrades (Navy Project) Design = 100% Construction = 0% Gensets at Water Plant # 3 (902 Assisi Lane), and Lift Station "B" (425 11th Street) Design = 100% Construction = 0% Water Main Replacement at Sailfish Drive and Plaza Design = 100% Construction = 0% 00 0.',0 v APRIL 10, 2006 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 3/31/06 Advertised Requests for Proposals on 10/30/05. Proposals received 11/30/05. Commission authorized staff to negotiate contract on 01/09/06. Contract awarded on 2/13/06. Kick-off meeting held 2/28/06. Site visits and data accumulation underway. Pre-bid meeting held 02/09/06. Bids received 02/22/06. Project awarded to Worth Contracting on 3/13/06. Preconstruction conference held on 3/28/06. Contractor scheduled to begin work on 4/12/06 with expected completion date in mid-May. CDBG funded project to construct utilities for Habitat development off Dutton Island Road. Design near completion. PROJECT NO. AND INFORMATION (D) = Applied Technology & Management (D) = Public Utilities & HGTI (Howie Greene Tank Inspection) (C) = Worth Contracting, Inc. (CE&1) = HGTI & Public Utilities (D) = Connelly & Wicker (C) = (CE&I) = Public Works PROJECT DESCRIPTION Sewer Master Plan Update Design = 10% Elevated Tank Maintenance at Water Plant #1 Design = 100% Construction = 0% Forsyth II Design = 90% Construction = 0% N Cr) AGENDA ITEM #4A APRIL 10, 2006 0) O H V) m W \ cn mm 0 a 41 0 U H Z 00 a O 0) \ Cn H z0n H m a roou 0z �mwH 304 H F W 00 q a w a 0 w N H •• a HgFtCa 4: 0 t1 H zow U W U azo W HH aW q W z 0 CO m v GQ 0) 0 \ •ri 0 0 N \ (C N V+ H H .1..) 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H W Baa mesa 0 N \ H q m F m • H N U Z N a 06-06461 904-246-6969 N N m U a W u H a H x H 0004 awes z0) y0)`) o w H \ H O m a H H V) w 0 M a H 01 O m H m H N 0) N ATLANTIC BLVD kD m ATLANTIC BEACH FL N CO r • (V 1' N 0 o 41 ON H w 0) Cn a U NOT OTHERWISE m N N m a W U w 0 F U 042 F F A 0 0004 v HW 3U W z0) •H o a Lf m H N m D1 m BEACH FL 32233 06-06463 H w m N 4. 4' 0 �O1 w O N U N \ N 0 m w w w 0 a UH IX 0 0 u ahs (-1 • 0) a H u 0 W 01 0 cn W W 0 a 00 00) �A4 0 \ Y H 0 4: m O a m a N m O H 904-642-3419 904-327-2390 (0 O \ H CI) m W \v) m m 4. 0 04 NW 0 0 14 (y 0) H N 1/40 a H rn N z 0 a w ) N 0 \ m 0 H W o to W a a W W H m a H Mom U 0 . N 01 0 W CO ro C0 3 a z0 H 0) h H F 0 W a w H v) W �o cn w U a 7 04 :O W E. "ntNU WQ OH' a ,` H t.. a acnes W H H40 wHa a,4415u w 004 W a 0>+� as w0W W01Cn 004 Pa, 0)0 COO Z oqa oOCO 0 HU 01 ---- XH \00 az (0 0) CO H H 0)41 oam cv U \ 0) N \ 0 H H M U H m O N a s W 3 q w Z OCCUPATION W W a x 0 0 0 u a H m H m zkip m zc0m 0 0 N 0 0 N 0 N (.1 N F m F m a H a H 0000 0000 HaxH00 00 1-1 C.) 0 croacro wa ro W 04 U W W 0 R. 01 0)w H 0 0: H 0) o H r-- 01 w 0) H w i H CO 1-4 4 04.00 a0a w H H W H H 01in4 Cn1n4 06-06456 06-06457 06-06462 ATLANTIC BEACH FL 32233 m H U 0 it a) up ` 0) 0 \ •rl 4.)a 0 0 N \ RS N V H H <0 q 0) 4-1 04 rz a >u w.u0 04004 AGENDA ITEM #4A APRIL 10, 2006 Cn a F,4 H 0 H m W Cf) z w U H a ao 0 0 0 0 0 H LICENSES ufa. z0c1H aaHpaa 0 0 0 0 0 0 0az00H as H',aa 0 0 0 m Uaz00)-1 aaHaa AGENDA ITEM #4B APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Reject bid for bid number 0506-9 Resurface Five Tennis Courts and re -bid SUBMITTED BY: Timmy Johnson DATE: March 29, 2006 BACKGROUND: The bid opening for resurfacing of five tennis courts occurred on March 21, 2006. We only received one bid, which came in over budget. Staff recommends modifying the bid package to add sportmaster material as an equal, similar to the City of Jacksonville, which will give other companies an opportunity to bid on the project. Spoitmaster is a product applied to asphalt and concrete surfaces and is used by certain companies. After approval and changes, staff will re -bid the project. BUDGET: Funding is included in the Park Maintenance fund under account no. 001-6020-572-34-00 in the amount of $15,000 RECOMMENDATION: Reject bid for bid number 0506-9 Resurface Five Tennis Courts and re -bid ATTACHMENTS: Bid Tabulation REVIEWED BY CITY MANAGER: 2 a 0 ai BID #0506-9 AGENDA ITEM #4B APRIL 10, 2006 jt X X X X X O O O co O 69 Required Documents Submission in Triplicate Original Insurance Certificate Three (3) References Proof of Occupational License Documentation of Site Visit Signed Copy of Document Requirements Checklist Public Entity Crime Statement Drug Free Workplace Form LUMP SUM BID: 1. Court No. 3 (Russell Park, 800 Seminole Road 2. Court No. 4 (Russell Park, 800 Seminole Road 3. Court No. 5 (Russell Park, 800 Seminole Road 4. Court No. 6 (Russell Park, 800 Seminole Road) 5. Single Court (Bull Park, 716 Ocean Boulevard) Total (Items 1-5) Award of Bid based on Department Analysis and Commission Approval AGENDA ITEM #4C APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contract for Pest Control Bid Number 0405-9 SUBMITTED BY: Timmy Johnson, Parks & Recreation Director DATE: March 30, 2006 BACKGROUND: Bids were opened for the City annual contract for Pest Control. The bid was awarded to Tru-Green/Chemlawn, who has been providing this service for the past year. Staff contacted Tru-Green/Chemlawn regarding an extension of their current contract for one year at the current rates and they have agreed. The vendor has agreed to renew his contract and staff has been pleased with the performance of this contractor. BUDGET: Funding is included in various accounts for a total of $13,492 RECOMMENDATION: Extend the contract for pest control of city facilities for one additional year to Tru-Green/Chemlawn at the contract price of $13,492 ATTACHMENTS: Letter of agreement to extend contract from Tru- Green/Chemlawn REVIEWED BY CITY MAN March 21, 2006 Jeremy Koller True Green Chemlawn PO Box 56230 Jacksonville, FL 32241 Dear Jeremy: AGENDA ITEM #4C APRIL 10, 2006 PARKS, RECREATION & BEAUTIFICATION 716 OCEAN BOULEVARD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247-5828 FAX: (904) 247-5849 SUNCOM: 852-5828 http:/ci.atlantic-beach.fl.us As you are aware, the contract with the City of Atlantic Beach for Lawn & Indoor Pest Control Services expires on March 31, 2006. We would like to extend the contract for another year at current prices, if this is acceptable to your company. If acceptable, please sign below and return to me before April 17, 2006, so I can prepare a staff report for the City Commission to accept the extension. We look forward to working with your company for Lawn & Indoor Pest Control Services for City Parks. Sincerely, Timmy Jo ' son Recreational Director True Green Chemlawn / Terminix Commercial agrees to extend the contract with the City of Atlantic Beach for one year for the same price starting on April 17, 2006. ere oller, Owner Tr e Green Chemlawn o/2 Date AGENDA ITEM #4D APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contract — Electrical Motor and Pump Repairs Bid No. 0304-13 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: March 31, 2006 BACKGROUND: On April 14, 2004, bids were opened for the City annual contract for Electrical Motor and Pump Repairs. The low bidder was Industrial Equipment Services, Inc. They successfully met all bid requirements. This work requires specialized skill, experience and equipment. Industrial Equipment Services' personnel have the required background, knowledge, experience and equipment. The fees charged by Industrial Equipment Services for labor and materials have been very reasonable and competitive. City has spoken to Industrial Equipment Services, Inc. regarding an extension of their current contract for one year at the current rates and they have agreed. As per Bid No. 0304-13: "The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance by vendor for the previous year." The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. BUDGET: These services are used on an as -needed basis, and funding is included in the Water and Sewer Funds in the amount of approximately $90,000 under account numbers 400-5502-533- 3400, 410-5506-535-3400 and 410-5508-535-3400. RECOMMENDATION: Extend the annual contract for electrical motor and pump repairs for one additional year to Industrial Equipment Services, Inc. at the current contract prices. ATTACHMENTS: 1. Letter of agreement to extend contract from Industrial Equipment Services, Inc. REVIEWED BY CITY MANGER: 03/31/2006 13:14 FAX MAR -30-2006 THO 04!1' Pll ATL, BCH. PUBLIC WORD FAX NO. 904 247 5843 Mauch 30, 2006 FAX: 880.0400 Mr. Brent Edwal is industrial Equip lent Services 6690)-1 Colurnbi. Park Drive Jacksonville, FL 3225$ RIS: E711;si0: a of Bid No. 0304-13 Dear Mr.. Fdwar Is: AGENDA ITEM #4D APRIL 10, 2006 CiTV OF ATLANTIC BEACF 13BPARTMEN1 OF PUBLIC WORKS 1200 SANOP IFS? LANE- ATLANTIC REACH FLORIDA 322334318 T1'HONE: (904) 247-5834 FAX; (904) 247-5843 - SUNCOM: 652-5834 www.coab.da As you are away : the anru ai contract with the City of Atlantic Beach for electrical nnator and pump repair + expires at the end of April, 2006. We would like to extend the contract for another year the current prices, if this is acceptable to your company. If acceptable, please sign be1oo v and return to me by March 31, 2006, so 1 can prepare a stairroport for the City Commi sicca. We look farwar< . to recommending that we continue our contract with your company. Sincerely, Donna K,aiu zlia c Utility Director INDUSTI UAL EQUIPMENT SERVICES, INC. AGREES TO EXTEND THE CONTRACT IITIi THE CITY OF ATLANTIC BEACH AT '1 H 1t. PRICES SUBMITTED 1 N BID NO. 63i1 -13 FOR AN ADDITIONAL YEAR BEGINNING MAY 1, MTh6. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Contract for Trimming Palm Trees SUBMITTED BY: Rick Carper, P.E. Director of Public Works DATE: March 31, 2006 BACKGROUND: AGENDA ITEM #4E APRIL 10, 2006 The City's current contract with American Landcare for palm tree trimming of the Atlantic Boulevard Medians, Mayport Road Flyover and Town Center areas expires on April 30, 2005. We have contacted Mr. Jim Wallace, owner of American Landcare, who has agreed to extend the current contract for another year at the current prices: Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $ 15.00 each and Medjool (Date) Palm Trees $20.00 each. The contract allowed for two (2) one year extensions at the City's option. This proposed extension is the second and final. RECOMMENDATION: Extend the contract for one year, at the current prices. ATTACHMENTS: Letter signed by Jim Wallace, owner of American Landcare, agreeing to the extension. BUDGET: Total budget for Fiscal Year 10/1/05-9/30/06 is $1,720 for the Atlantic Blvd. Medians in account 001-5002-541.34-00, $7,100 for Town Center in account 001-5002-541.34-02 and $3,330 for the Mayport Flyover area in account 001-5002- 541-34.03. REVIEWED BY CITY MANAGER: Mar 28 06 10:36p Debra Glanton February 28, 2006 Jim Wallace Owner American Landcare 5123 Somerton Court Jacksonville, Florida 32210 Dear.Mr Wallace: AGENDA ITEM #4E 904-908-4028 APRIL 10, 2006 DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4318 TELEPHONE: (904) 247-5834 FAX: (904) 247-5843 SUNCOM: 852-5834 http://cLatlantic-beach.fl.us As you are aware, the contract with the City of Atlantic Beach for palm tree trimming expires on April 30, 2006, We would like to extend the contract for another year at the current prices, if this is acceptable to your company. Please remember that the City will issue you 2 separate purchase orders. There will be one for all the Sable Palms and Washingtonian Palms. The second one will be issued a couple of months later for all the Medjool Palms, this includes all of Town Center, Atlantic Blvd. Medians and the Mayport Road Flyover areas. If acceptable, please sign below and return to me before March 20, 2006, so 1 can prepare a staff report for the City Commission to accept the extension. We look forward to recommending that we continue our contract with your company. Sin e y, Phil Nodine Streets and Maintenance Division Director AMERICAN LANDCARE AGREES TO EXTEND THE CONTRACT FOR ONE YEAR FOR THE SAME PRICE. Jim place Owner of American Landcare AGENDA ITEM #4F APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's FY 2005-2006 Community Development Block Grant (CDBG) contract. SUBMITTED BY: Sonya Doerr, AICP 1.2-0 Community Development Director DATE: March 31, 2006 RECOMMENDATION: The 2005-2006 Community Development Block Grant provides $48,128 for housing rehabilitation activities. (This amount includes $29,833 for the current grant year and an additional $18,295 re -programmed to the City's CDBG housing rehab program from a previously renovated house that was sold by the homeowner.) As in previous years, our housing rehab grant specifies that these funds will be used to provide basic repairs, such as failed plumbing, heating or hot water, or to correct dangerous structural or electrical problems or other similar problems, which might make a home unsafe or uninhabitable, rather than for general renovations or cosmetic upgrades. Staff recommends that the City continue its relationship with Builders Care. This partnership has worked very well for the previous three years, as it allows the City to blend funds with Builders Care resources, thereby increasing the cost-effectiveness of the City's program. Builders Care and Staff have reviewed applications, and have identified four structures as those meeting CDBG eligibility requirements and having the most urgent needs. Initial cost estimates for each residence are attached. (Final rehab services and costs may require some minor adjustments to meet budget limits.) Work must be completed by the end of this contract period, which is the end of September. Staff also requests that the Commission waive the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code. The proposed blend of Builders Care services, including volunteer labor and reduced cost of building materials allows the City to further leverage CDBG housing rehab dollars. (Past history has also demonstrated that the formal bid process for this type of housing construction has not been particularly successful as contractors have minimal interest in this type of work.) RECOMMENDATION: Authorize City Manager to execute a construction services agreement with Builders Care to proceed with Housing Rehabilitation for repairs, as identified within the attached cost estimates, to 402 Skate Road, 631 Amberjack Lane, 91 Ardella Road and 36 Jackson Road in accordance with the FY 2005-06 CDBG contract, and approve waiver of the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within this report. BUDGET: Account 110-1005-515.83-00 ($48,128 budgeted for CDBG Housing Rehabilitation) ATTACHMENTS: Cost estimates. REVIEWED BY CITY MANAGER: April 10, 2006 regular meeting MAR -29-2006 WED 11:36 AM BUILDERS CARE Job# BUILDERS CARE SCOPE OF WORK WATERS, CHRISTINE 402 SKATE RD, 32233 FAX No. 9047273456 AGENDA ITEM#4F APRIL 10, 2006 Phone # 904. 2494082 CODE ITEM ESTIMATED QUANTITY UNITS nUDGET GOALS UNIT COST BUDGET GOALS TOTAL t.t a u•:r' '- +y • •."••'"afNQRAICCCEND1710NJ(=. �t��4,."a � :.t't �.,fS.r, r'); :?-••:-. PERMITS '`r'i h�? "`..-,,,,, 4; a• •1J.L i?iC'.V'ly �?:: �7"•_ .9:��'• � ' � .. � :G!�'>-`?s`. PERMIT 1't�Y 'L. i*l�i" 'r' Fri'!"`• 1 ".)G 1 4,..77._9 }, t��' LS ';5+, '/, ,,� :x� � ":'s^%, fly $ 60.00 u�:i)�'utCX'' N!'C.r+. t '� •+` $ 60,00 TOILET TOILET - 1 MO $ 75.00 $ 75.00 TRANSPORTATION TRANSPORTATION 1 LS S 280.00 $ 280.00 REHAB SPECIALIST REHAB SPECIALIST 24 MH $ 25.00 $ 000.00 SUPERVISION ;a ili:six'ai sA..,&t WINDOWS z••ecranr,•'4'"E`^'TR"S:.-n„p,r� PLUMBING SUPERVISION _.(IIDOVV�' bili mgt:a >d .a iia. -y .an �P�titY.O:i=' 4-'#lr.>'.i�:d�llP.k3aYh'Jl[ REPLACE WINDOWS .-.r.^'a;v w >v x,r..t r".T .: ?�'1C•^y'^�r47Tu7.'Fi' '-.-.2".:� • • DEMO AND REPLACE SHOWER PAN 24 ;,.., ::-'•.•c _ ..L 13 '?'...r:�_.Fi.771F4` ct,'.:r.�,' • 1 HR .. ii:.i'.~19.i•`u-,< :. �., 1 EA 2TI LS $ 25.00 iti .;•,;. , iY1rx,S�lti.l�MK'Y. $ 200.00 P'..7'S.^'!.`.cYn $ 750.00 $ 000.00 ••"il ,\.M.'f:Llk_�.: i,�', A: $ 2,800.00 ':7'�a7EFV!r••, $ 750.00 TILE :-..c-w`-.w-Jr.isc-'+E.,_ PLUMBING 3�.i.�.�. :.,,:,3i1fi'•lt'�c�:�?;%c�'.�7�C,.FaNc`��h3�,i��..�' DEMO POUR SHOWER PAN AND REPLACE FLOOR TILE AND WALL TILE �_ __-4ra:i_: _ ._ !REPLACE VANITY H '$4-. •.y-: :.f n.'i Q.� r'.S+n'• �.�'�' f'i�:tL�E?'„4:�_:�_-3�,,..fi3G0,�•_°.}3i��.i._..�.1Y.'rr'�h4S?�v-k��.....___r.�.ay DEMO KITCHEN BASE CABINETS 1 ;i_x- ` F 1 � .�Y! :..t 1. "y✓,' 4 $ 660.00 $ 8 50.00 $ 450.00 ^3+. �.�'h��o._.�i5 $ 100.00 LS � : ••M;Sr. ,. MM ?s:ms?TV $ 400,00 `ilr •'AS:2i)'1 r .+�:h7�r7ilu�ik`d% , ..t $ 25,00 NOTE; KITCHEN CABINETS MUST BE FINISHED WOOD 000RS AND FACE, WATER RESISTANT BOTTOMS AND SIDE PANELS, (NO COMPOSITION BOARD) 8 LF $ 150.00 $ 1,200.00 CABINETS REPLACE KITCHEN CABINETS AND COUNTERS CABINETS REPLACE KITCHEN WALL CABINETS --•-'.;-'-'r� ). :�-:�4- '_';{<....{�.- - -- - `y..T`?^t;;--:.-'�.c.;-, •(;.-: :-..- .----:,,T-77-,--, f• • .`�C.A.NC�{ii•.x:;iS.:x:.:f:w.a.r:':r,:J!::1.•Li: t_ PLUMBING SERVICE ALL DRAINS 8 .7.--.7-.77r-,,,,.77. ,i`.:�f:r�,,'''l 1 LF - ' '''',7,7•'7. LS $ ' 100.00 •:- -- ,••••••••777. -._: $ 260.00 $ 800.00 3,;._4 ;- -:-.,,..i.'::'vo_:r.'. tir: $ 260.00 PLUMBING ^sa. jYn f3�`- - ::J{:' <:~r-'PAC•fINIgHFS ::;?..7.14:::::.:•t].:;•2,..: �h:.:-+T DRYWALL iW.aDe119031x41H{!l CA,I .,.xM bfr.�lw,_.tt.rat:-..4.)':1•4;4.'1.11-2.:,...^-••EXiERIO_R::•..:,.y-«j;.+ri.,<a EXT. PAINT REPIPE HOT AND COLD WATER SUPPLY LINES FROM METER TO ALL FIXTURES. r+4__'"-' ::77"'a+.HY•4 )i��A':", �•�-:,Fe - r:�•',�, �C'- _'�=:'�h�! -1 .�^... .. i :', r -r, .. - �:.,h ..M':.J�.J:=,�:. i:-Cc,.-•..:vl�i_:.aF.:.:,,a'�t,.j::_Px't,::i�.;^.i REPAIR DRYWALL IN SELECT AREAS ,.,,,.0»,,:w.VIPTI a. AM:+r.YOrf.r1t4.7xna.Mrl' ¼1.'.5.,>o:P4'..: a6%,:nlyr4Ffe:in"::[ ,1,.,,.;.,.,.�,,:,:y,.•;.:•..:..':: PRESSURE WASH~ EXT. ��< . , ...��- ._ «_ 1 q y 1 _1 _ LS _ �.-. '-:: R.:•:.•w LS 79.4,0: EY^i,.:V '.x5�•-_ $ 2,000.00 rii=:.::a:,,,,..�+,.:. ,,'� S 150 00 atlt. ,,r•M(Kyr....T•1•h!ial,an,:V. :f< $ 175.00 $ 2,000.00 � - -...; ..v': ..-_t.a:..4.:i4ity..i ,' 150.00 YU'/i!W!},t,r, ;•f�.:r',.. '��1:.• $ 17S.00 EXT. PAINT PAINT EXTERIOR WI VOLUNTEERS 8 MH S 25.00 $ 200.00 EXT. PAINT PAINT EXTERIOR MATERIAL 16 GAL $ 20.00 $ 300.00 TOTAL _1 SERVICE PROVIDER FEE TOTAL _,_ 11,240.00" $ ,000.00 $ 13,240.00 Superintendent: Cell: yoz 4)44;a; Roa.( AGENDA ITEM #4F APRIL 10, 2006 http://maps2.coj.net/output/jaxMansP GISMAP22516247615596 nn 1/11 /'M4 MAR -29-2006 WED 11:36 AM BUILDERS CARE FAX No, 9047273456 Job # BUILDERS CARE SCOPE OF WORK VVATERS, IbINE 36 JACKSON RD, 32233 AGENDA ITEM #4F APRIL 10, 2006 Phone # 904-246-4093 CODE . ITEM ESTIMATED QUANTITY U 11,1 TS, BUDGET GOALS UNIT COST BUDGET GOALS TOTAL :.Z;.:'S2.•„.....,_:-:.;.;...:;.: '?#.0!1,t Wgif.f.grAiiik.:°:'...3.....7. .,. -.......1.:.....oleif?„!...r1sSni-:? PERMITS PERMIT .•Z,7.ifif;t':(i-L•11.2..:,.... 1 LS , e,:".f...nal.:;:::.::;.2:117:7....:',1::'...:-:: 50.00 $ 8000 TOILET TOILET 1 MO $ 75.00 $ 75.00 TRANSPORTATION TRANSPORTATION 1 LS $ 280.00 $ 280.00 DUMP DUMPSTER 1 LS $ 300.00 5 300.00 REHAB SPECIALIST REHAB SPECIALIST 24 MH $ 25.00 $ 600.00 SUPERVISION SUPERVISION -,,:.4T7'..,7ii.r.:g:17.1?..111,4 ;..z. • .". • ..r.. • .., 7,Y.7-AW6t.'01;;;;;67 W ..4, : , , Iit.3tfikegc,...,1210iAlit '0, ' 'W..)..who.gfAi.' .*.", t.. .. ti• • 1.1 (CATION5 STRIP OLD ROOFING COMPLETELY DOWN TO BARE WOOD, REPLACE ALL ROTTEN WOOD, DRY IN Mil 15 OR 30 # FELT, REPLACE ALL FLASHING, EAVES DRIP AND VALLEY METAL 24 HR . .. ' 1;1574'.1r -s),... ,..?". .77,7.Vg.,.. ,.-0,i.r_:. ' : i • • ' 9r1t44 taL,)1ZIPIerg,' . .... 25.00 5 800.00 • •,t;•.•;.c;g4,77,,v-,..", ..: ,I, . "•kf...$(&: .i:trazakft,s_aattr.--,..., ...... ..... • ROOFING STRIP AND REPLACE WITH ARCHITECTURAL SHINGLES. 12 SO 160.00 $ 2,180.00 STRIP AND REPLACE FLAT PORTION OF ROOF WITH ROOFING MODIFIED RUBBER SYSTEM. 50 $ .220.00 $ 1,100.00 ROT REPAIR . REPLACE ROTTEN WOOD IN ROOF ff.DE,472ifia'hii MINESSMIONIZEIYarEflEMEWEWYM'. REPLACE BACK EXTERIOR DOOR WI JAMB AND DOORS HARDWARE1 1 LS .-51.Z.Cagaai-Naeitiq.}•,22,1; LS $ .., _ 300,.00. $ _ 500.00. la $ 425.00 1 $ 425.00 ., . , , i REEZEIRE: grakt.,..3tilifl. REPAIR KITCHEN CABINETS. (REPLAng HINGES AND CABINETS KNOBS AS NEEDED). 15.;NdrZI'PAN:',L0 IIIM,Migigaikeileiarr2S- rgY75ig-tiggiatIT UPGRADE ELECTRIC PANEL, SAFE UP ALL CIRCUITS AND ELECTRIC ADD CIRCUITS FOR SPLIT HVAC SYSTEM, -r30-attie,,Ftordi,Fir,. IFL‘777i7P.,,v7,tv. 1 Le Aik-WitifIEZTOIMIRES 1 MH ,. 41e;....7- . , , ! .y,v, 7.4V,1„.. • q., , S 200.00 $ 200.00 ''''..,YIiiTaggSk ;FiciliN63.1ggE:Ei 1,500.00 $ 1,500.00 HVAC , ., , FURNISH AND INSTALL 2 TON CENTRAL HVAC SYSTEM. h.... -.• ..:::.•.,..C'• .m14-*'74:4t.f,Y,-MVFic,iN•9'..-C'P'''-'''' •••••-• ••• -•,..a.../ s`' '•'''. .5.16qA. :2:1;AY'#.*IZSMNYM.Eekt,CX....0AttlAI:711115.1g1Wa , . - Y•Nr• ''''•••-e.aagEit PATCHKITCHEN CEILING AND APPLY POPCORN DRYWALL TEXTURE AS NEEDED. 1 . LS .., , . , ..q....., ..---1,,•:. . , , .. • •• lt,A . ...- ‘3- ...?U,Ki.s..,,t,...N. . AtItialiWYLA.Nge,;.A1111.14 76-4. ' , ..,. '''4,-,;:, -',..',Ji LS ,....... 3,900,00 $ 3,00I.,00 .. ,,,T,..1a.,0:,:v. .1zY .1.-. ..... 4,-.1,a• ' .'. ::.';',., 7'',`,...:„. ';;;;.,.....;!..:, .",t A ialti,tt 'N.ilq.ii4,44Lit $ 160.00 $ 150.00 SCRAPE PEALING T&G CEILINGS IN 3 ROOMS, APPLY INT PAINT PRIMER AND TOP COAT. ...I.; : ntlia ,i1V.:111 atnya2•EatilleSSASIMATIMEZELVEVECEREEEL ROT REPAIR REPAIR ROTTEN WOOD 400 SF . 1 LS $ . 1.25 gagiMittalf.,2afarZ2 $ 600.00 $ 600.00 $ 500.00 EXT. PAINT PRESSURE WASH EXT, 1 LS 5 176.00 $ 175.00 EXT. PAINT PAINT EXTERIOR (LABOR) • 8 MH 5 25.00 $ 200.00 EXT. PAINT PAINT EXTERIOR (MATERIAL) 18 GAL • 20.00 $ 300,00 ... TOTAL -..... $ 13,626.00 SERVICE jPROVIDER FEE $ 2,000,00 TOTAL $ 15,525,00 Superintendent:* Cell: 96e464ovt. /Goa ArcIMS Viewer AGENDA ITEM #4F APRIL 10, 2006 http://maps2.coi.net/WEBSITE,/DiivalMansPa/MnnFrarne htni Zn1 /1nnZ MAR -29-2006 WED 11:35 AM Job # BUILDERS CARE FAX No. 9047273456 BUILDERS CARE SCOPE OF WORK UPCHURCH, CHARLES AMBERJACK LN. 32233 AGENDA ITEM #4F APRIL 10, 2006 Phone # 904, 530.2814 CODE ITEM ESTIMATED QUANTITY UNITS • BUDGET GOALS UNIT COST BUDGET GOALS TOTAL .:)..-.741:1',: GENERAt:CONEirricimp.miw4vi...r ,,,,,:.,-,,,cipvivq,-51vs,F,saitg-,,nre?1..'..qvli'oolimi,:9,vit.OMI*21 -xi PERMITS PERMIT 1 LS $ 80.00 5 60.00 TOILET TOILET 1 MO $ 76.00 $ 75,00 TRANSPORTATION TRANSPORTATION 1 LS $ 280.00 $ 280,00 REHAB SPECIALIST REHAB SPECIALIST 24 MH $ 22.00 $ 600,00 SUPERVISION -: • I — :.,,,r?.......,••.:••••: SUPERVISION _ 24 HR $ 25.00 v.,........::::•'TJ...:.P:..',- '&74 $ P9;c19. eikl.•,:i4.40krW215.4..V#217.urseviligr..mLuokt..•Lnipia.... ./.2.1.6...7,tit::•./,sq.o.razial..vi&ai. .13k1i7:14:Wiidgaffigt%.,),2?:OZ'; ',.,S;n>,'•ff AeAVAV&I. ROOF SPECIFICATIONS STRIP OLD ROOFING COMPLETELY DOWN TO BARE WOOD, REPLACE ALL ROTTEN WOOD, DRY IN WI 15 OR 30 # FELT, REPLACE ALL FLASHING, EAVES DRIP AND VALLEY METAL ..• ROOFING STRIP AND REPLACE WITH ARCHITKCTURAL SHINGLES. 20 50 $ 180.00 $ 3,600.00 ROT REPAIR REPLACE ROTTEN WOOD IN ROOF 1; LS' $ 5a8,0.9'..0.if 3;i:':'.14;;Ui'5-75.7.,•'-,':D 7gg.#19.1:E.1::.-::R?:,ZZFj•; 0Wiu"q104W2E7 7 t2:214:09.9i0 i5.::.;..., WINDOWS REPLACE WINDOWS 15 EA $ 220.00 $ 3,300.00 . ''qo•tiec'T.:2-TV,PIII? .lr'A`:eleggiiikt4,%.T.SaW44irAFT•;'•a:a.F" .i,F317'.'`. F•5'''',"..6.:-):.cr13'.1.6ggtf.'41.Q'T19;(,:tr.VT.',..M.54';11.,s!LTt?-,r•-ZN!:0`%,'P'T DEMO DEMO ROTTEN FLOORING AND DRYWALL 3 MH $ 25.00 $ 75.00 DRYWALL REPAIR DAMAGED DRYWALL 64 SF $ 3.00 5 192.00 FLOORING REPLACE VINYL FLOORING 16 SY $ 20.00 $ 320.00 :N"'•:.1-.;' . ‘iN.7.57'P'47141';';`::!!•••::7'' -"::?-7:fi...............,-0..,;wmTt •,(7.'r.•:;',:i ::1::.i;.;'•'::":•'...?*:: Zei,4,...::-441w...-v.w.% ' i —.....--a..4:;:t...g.a.!;:m•LavIz..2:::-x2::::::1::.:.,_.... ;:a745.ia`a PLUMBING REPLACE KITCHE,N SINK W/ FAUCET 1 ILS $ 400.00 $ 400.00 PLUMBING SERVICE KITCHEN DRAIN - 1 L _ _ $ .., 150.00 $., 159:09... l'.;777,a.*A1:.,-;.:5.1..j.!;77.c.,:140.K.AN54-cr.:-E,e:;;-:;.:- i.7.?•,...: ;;,',7•7775:!::::x..7?;-.,..4.:g5I::1**fill:-..../....,—, :.! ,s.......:..:i PLUMBING REPLACE FAN BELT ON EXISTING ATTIC FAN 1 LS $ 95.00 $ 95.00 REPIPE HOT ANC) COLO WATER SUPPLY LINES FROM PLUMBING METER TO ALL FIXTURES. __ _ 1 LS_ , 5 2,200.00.. .,..,,,_...,2,200.00. PLUMBING REPLACE WATER HE,ATER 1 L3 $ 500.00 $ 500.00 TOTAL.... ..„_,.. . _ $ 12547.00 _ .,_....__,_ .......______:..___ ___ SERVICE PROVIDER FEE $ 2,000.00 ----------------1----------------------------7---1------------1------ ---------- TOTAL $ 14,947.00 4.3/ Superintendent: Cell: ArcIMS Viewer AGENDA ITEM #4F APRIL 10, 2006 (0 3/ Ain6.trjack otane httn•//mane') rni npt/WFRCTTF/T1nva1MancPa/TVTanFramP htm 4/4/2006 MAR -29-2006 WED 11:35 AM BUILDERS CARE Job # FAX No. 9047273456 AGENDA ITEM #4F APRIL 10, 2006 BUILDERS CARE SCOPE OF WORK JOHNSON, CYNTHIA 91 ARDELLA RD. 32233 Phone # 904- 754-0257 CODE ITEM ESTIMATED QUANTITY UNITS BUDGET GOALS UNIT COST BUDGET GOALS TOTAL ..#0.ttAII04.VIcGEVER-ALT-ICOICI. PITION-7.I'.MOITE;e1;.r.r5tViTtrIbet:".11.IM.IVLI",K4.tc1IIPp..f..,S,I.1'. 4Mc.i!I5INZMI':'VAVIdp17. PERMITS PERMIT 1 LS $ 60.00 $ 60.00 TOILET TOILET 1 MO 75.00 $ 75.00 TRANSPORTATION TRANSPORTATION 1 LS 280,00 $ 280.00 REHAB SPECIALIST REHAt3 SPECIALIST 24 MH $ 25.00 $ 600.00 SUPERVISION SUPERVISION 24 HR 25.00 600.00 1,. iti:..Ll';.`ke.;r4:,:.-,.....:.. ROOF SPECIFICATIONS. STRIP 0 Ln ROOFING COMPLETELY DOWN TO BARE WOOD, REPLACE ALL ROTTEN WOOD, DRY IN W/ 15 OR 30 # FELT, REPLACE ALL FLASHING, EAVES DRIP AND VALL,EY METAL . ROOFING STRIP AND REPLACE WITH ARCHITECT'URAL SHINGLES. 12 SO 180.00 $ 2,160.00 ROT REPAJR REPLACE ROTTEN WOOD IN ROOF 1 LS soo.00j $ 500.00 IgATH,.-.7.71.s.;,%!•;75.7.3-ElIO,INfiniivg7KNOTnijainV7TiYi"r•T•"Ii*-711‘.:IJs'r•In''''' ..,..w4.2.;‘,..,-,,,...........u....m..-.....---wn...:11.;:4:,...ax,....,,IK,..1.6.;.,:a.:zw.:44:,..., ii -4.L.,..1,4;t3t...774a-a•.: •..u. .0 ..1,7;;ZZ....4 ..e_g,'.k;',7-..,4,2eni.t.i.,V.,...v2:41i•.:-.71:•.:. REPLACE BACK EXTERIOR DOOR W/ JAMB AND DOORS HARDWARE 1 LS 425.00 $ 425.00 DOCRS ADO WEATHER STRIPING TO FRONT DOOR 1 EA $ 100.00 $ 100,00 fl.JI:v.,::;..e.;'' '''';- .:714.. aElif en'INING.RODWA4, ITY:',..'N",..• I . -I- -;PTS017-75:7,N7s,'77:77:::k .7.4.1.In'Tc: • DEMO KITCHEN FLOORING AND CUT OUT ROTTEN DEMO AREAS. 4 MH 5 25.00 $ 100.00 REPAIR ROTTEN FLOORING AND PREP FOR VINYL ROT REPAIR FLOOR COVERING. 200 SF $ 1.50 5 300.00 FLOORING REPLACE VINYL FLOORING ::!•-•"7(.14 "t:,,er.:77' 7 •, • " "...on - '.'• '.' 'n....' .."14•747,;,.''' I '4.7,:.7- 7.7 -- '77 7iv.,,laf7',F.a.:7.,i-,•.:;77-7,W...:%71.-V.7.;" ""n 'Pl.*? 200 .::::;77`," -1",...1.7..: 7: .:.,17.-.7 SF .4 HI• ••;*:. , :..: 1.50 ...• • • ••••.,• ,-, ".• '!4t'''''.kV..?1).g11;.?6tiSlilfr 5 300.00 .. • ,.....,,,../.......,Wift: ,...--. 04W.ket*K.t.:17V r..49/1142419:4MjeafrinVACIISI:.i.g.el Ta205256.?: . .. 15.n2a11...7.fA:"f...5..7.PICI15/' .4... r .... UPGRADE ELECTRIC PANEL TO 150 AMP, SAFE UP ALL ELECTRIC CIRCUITS, ADD HARD WIRED SMOKE DETECTORS, 1 LS $ 1,500.00 $ 1,500.00 REPIPE HOT AND COLD WATER SUPPLY LINES FROM PLUMBING METER TO ALL FIXTURES. 1 LS S 2,900.0_0 5 2,009.00 ..v..I! -,.••:.•',1::...;..•...•., • .L:.•:'.:EifertibfiNT"Wi.F.77 73-7-7.;=":77-.=::17.777',1177•7::"'77,::77::"'"77- •-••----' -•.-L,.-2::.4...41.2-....--Z-4-.1:-.-..-..«.--.4.42.141-0::::.Z,-6:44F4::::::....::::::::::$:.--;-,;.1,:;-4:,:;::;:::,-::::1_,74,-.4.:172,./..1;is.":‘;',...:,,:4 7 7.1r,17::::. -: !.....,......:,.....,a. • '77. '^rT:r.:;',-::- ....._,..•__Iid,.:....1.::_,..,!..,:..a.........,:,. • •-ri'..".7',4..7.7.-: ROT REPAIR REPAIR ROTTEN WCOD 1 LS 1,000.00 1 1,000.00 EXT. PAINT PRESSURE WASH EXT. 1 LS 5 175.00 $ 175.00 EXT. PAINT PAINT EXTERIOR (LABOR). 0 MH 5 25,00 $ 200.00 EXT. PAINT PAINT EXTERIOR (MATERIAL), • 15 GAL 20.00 $ 300.00 TOTAL $ 10,675.00 SERVICE PROVIDER FEE 1 2,000.00 TOTAL i$ 12,075.00 9/ AndefiA /foil Superintendent: Cell: AGENDA ITEM #4F APRIL 10, 2006 91 Arale//a 7?DaI http://maps2.coj .net/output/j axMapsP_GISMAP225163 8041608.png 4/4/2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Emergency Repair of Air Main at Wastewater Plant #1 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: March 24, 2006 AGENDA ITEM #4G APRIL 10, 2006 BACKGROUND: A long section of air main at the Wastewater Plant #1 (1100 Sandpiper Road) has failed due to corrosion of the pipe material. Large blowers force air through this pipe and into the aeration tanks where wastewater is treated. The ductile iron air main is nearly 20 years old. We believe the reason for the failure is due to the high air temperature in the pipe combined with the fluctuating water table. When the water table is high the heated water and sand surrounding the pipe increase the rate of corrosion. The air main is critical to providing proper treatment to the wastewater. Staff obtained a cost to repair the air main using ductile iron pipe from the City's annual contractor, Gruhn May, Inc. in the amount of $48,000, and have issued an emergency purchase order. (While stainless steel pipe would last indefinitely, the cost would increase by approximately $30,000.) BUDGET: There is $135,000 remaining in the Sewer Fund's contractual services account. While that amount will cover this expenditure, it will not be enough to cover all expected expenses to the end of the year. Therefore, a request for transfer from the Sewer Fund reserves will be made during the mid -year budget modification process. RECOMMENDATION: This report is for the Commission's information only, to inform them that the City Manager approved funds over the normally authorized amount for emergency repairs. ATTACHMENTS: 1. Cost breakdown from Gruhn May, Inc. REVIEWED BY CITY MANAGER: 1 Job Cost Details C.) co N- Zcc Q s L M 0 0 CO CCI O W b. D > N A.Q0 CON p� U V a) V7 a) 0 C 0 (0 7O lam2 al) 0 0 0 0 a 0 0) c) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -EDN000rCO00d'O' to t!'>ty'cj'�(pOpr1`�f NN�Q N c7 Q O ti Cfl 1� M a0 C7 N 0 ER r d) co 0 d' r- At Q O to co co t,- 0 ER r 69 69 (NI N ER ER N 64 E4 OR L° ER ER ER ER 69 - ER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 00 CO 0 0 0 r CO U) Cn d 00 N "0- 0:3 CNi C • (N3 EDNNN N.: oiO V'Qrt-o CCO 'y CON LO tr- 69 ER ER ER ER N N ER ER N ER ER ER ER 6R- (1) R N N 0 N N N N N N 0- 03 ( O N N 61 N r r r r N r O N (0 r c 2 a) U c c t() N LO U�� d- kr t't r r r 14" MJ 90 bend 14" MJ Sleeve O O N 0 N ft Material Total AGENDA ITEM #4G APRIL 10, 2006 000000 w00000 400c 4 o LC)N CD EA. NEf} o CO 00 CO L6 CO N M N r ER ER Grand Total State License CUCO43134 AGENDA ITEM #7A APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading and public hearing to consider proposed Ordinance 90-06- 191, rezoning certain lands (See Exhibit A) from Residential, Single-family (RS -1) to a new Zoning District classification, Residential, Single-family, Large Lot (RS -L) with adoption of this ordinance establishing boundaries of the new District on the City of Atlantic Beach Zoning Map. SUBMITTED BY: Sonya Doerr, AICP )64-1) Community Development Director DATE: March 30, 2006 BACKGROUND: In response to citizen's objections over the division of larger lots located within the Selva Marina subdivision, the City Commission has established a new Zoning District, Residential, Single-family, Large Lot (RS -L). The new classification is now included as part of the zoning regulations, but must be placed on the Zoning Map in order to be applied. The area currently being considered for this new zoning designation is now zoned Residential, Single-family (RS -1), which requires a minimum lot size of 7500 square feet with 75 -feet in width and 100 -feet in depth. The minimum lot size for the new RS -L district is 10,000 square feet with a minimum width and depth 100 -feet. Other standards, such as height, setbacks and impervious area, remain the same as within the RS -1 district. The attached map depicts that area of the City now proposed to be rezoned to the new Residential - Large Lot Zoning District (RS- L). BUDGET: No budget issues. RECOMMENDATION: The Community Development Board, at their March 21st meeting, by a 4:2 vote, recommended approval of the proposed rezoning ordinance by motion as follows: Motion to recommend that the Commission approve the land use rezoning designation subject to further review of the requirements of Section 24-2, Purpose and Intent, with respect to protecting and conserving property values, and the responsibilities of protecting and improving the health, safety, comfort, good order, appearance, convenience, morals and general welfare of the public. ATTACHMENTS: Draft Community Development Board minutes, proposed Ordinance 90- 06-191 and Exhibit A (location map.) REVIEWED BY CITY MANAGE April 10, 2006 regular meeting AGENDA ITEM #7A APRIL 10, 2006 DRAFT Minutes of March 21, 2006, Community Development Board Meeting 5b. Recommendation to the City Commission related to the designation of a new Zoning District, Residential, Large Lot (RS -L) establishing boundaries of the new District on the City of Atlantic Beach Zoning Map. Ms. Doerr provided the background information on this item and explained that this new zoning district category had been approved by the Commission but has not yet been placed on the zoning map. She asked the Board to consider a recommendation of establishing that district on the zoning map in the area of the Selva Marina subdivision that is currently zoned as RS -1. She noted that about 240-250 lots would be involved in the new RS -L zoning district and that the specifications of this district would require a minimum 10,000 square foot lot with a minimum width and depth of 100 feet. Ms. Doerr explained the additional notification process that would be implemented prior to making a decision regarding the new zoning area. She indicated that the Community Development Board is required to make a recommendation to the Commission in order for the Commission to take action on it. Chairman Jacobson opened the floor to public comments on the issue. George Bull, Jr., 1977 Sevilla Boulevard West, stated his opposition to the new zoning district. He believed it to be cumbersome and unnecessary, stating that the land proposed for the new zoning district is already subject to existing private covenants and restrictions that rollover every ten years unless the majority of the homeowners decide to modify them. Ms. Woods asked Ms. Doerr if the covenants are on record with the City. Ms. Doerr responded that these are private deed restrictions and the City has no authority to enforce them, and asked Mr. Jensen to comment. City Attorney Jensen noted that the covenants are recorded in the official records of the County and if they are still in effect, they control the property purchased by any new owner, but that the City cannot enforce these. Ms. Woods asked Mr. Bull what limitations are placed on the properties governed by the covenants. Mr. Bull responded each unit has specific requirements regarding many aspects of the lots. City Attorney Jensen stated that the City can have copies of the covenants available for anyone to read. Ms. Woods asked if the covenants prohibit subdivision of lots. Mr. Bull replied that some covenants for certain units address lot divisions. Mr. Jenkins asked if Mr. Bull's opposition to the zoning change was solely based on it being redundant and unnecessary. Mr. Bull stated it was also an issue of property rights. He believed that the property owners in each of those communities should be allowed to make their own decisions regarding whether or not the lots can be subdivided. Ms. Doerr pointed out that if this new RS -L zoning district is placed on the map, then City regulations would prohibit those lots from being subdivided because they would not meet the minimum RS -L lot size requirements. Ms. Woods questioned how some lots are being subdivided without the majority of homeowners voting to allow this. Mr. Bull informed the Board that it is not allowed in any of the Units except Units 1, 2, and 3 where the covenants have expired and there were no rollovers. Discussion ensued regarding differences among the various units' restrictions. 3 AGENDA ITEM #7A APRIL 10, 2006 DRAFT Minutes of March 21, 2006, Community Development Board Meeting Chairman Jacobson inquired if there is a current Selva Marina homeowner's association. Mr. Bull responded that each unit was supposed to have their own homeowner's association. The Chairman asked if there was any limitation to the renewal of the covenants. City Attorney Jensen responded that if the covenants automatically renew every ten years indefinitely, they should be enforceable by the individual property owners. Chairman Jacobson noted that if the homeowners are receptive to the existing restrictions and covenants in their neighborhoods, then adopting a City ordinance enforcing the same restrictions should be consistent with the prevailing sentiment in the neighborhoods. There were no other public comments and the Chairman closed the floor to the public and opened it up to the Board for discussion. Mr. Jenkins discussed the suggested findingsof fact for recommending approval and asked if the Board could also consider the broader spectrum of the general intent of the Code in making their decision. He referenced Section 24-2, Purpose and Intent, and a number of the items listed there, including protecting and preserving property values. Mr. Jenkins addressed the number of lots that would be impacted by the 10,000 square foot limitation of the new zoning district. Ms. Doerr clarified that the existing lots of record would not be impacted, but that any new lot created would have to meet the size requirements of the new zoning district. She also indicated that the exact number of potentially impacted lots is unknown because people may want to combine lots in the future, thus creating more than the current dozen or so lots that are over 100 feet wide. Ms. Woods discussed the proposed boundaries of the new RS -L district and asked why Oceanwalk was not being considered as part of it. Ms. Doerr explained that Oceanwalk has not been discussed related to this new Zoning District, and that Oceanwalk has an active homeowner's association with its own private deed restrictions and covenants. Any proposal to rezone Oceanwalk would be a separate rezoning procedure with required notice and public hearings from that now being considered. Brief discussion ensued regarding the size of lots within Oceanwalk. Chairman Jacobson asked City Attorney Jensen's opinion as to whether or not the covenants and restrictions in the Selva Marina neighborhoods are enforceable. Mr. Jensen stated it is uncertain. He pointed out that a discussion with a real estate attorney brought up questions as to whether some of the covenants and restrictions are still valid after the passage of the Marketable Record Title Act. Chairman Jacobson confirmed with Ms. Doerr that the new RS -L zoning designation had been adopted by the Commission. He questioned where the new zoning designation would be applied if the current recommended area was not approved. Mr. Jensen responded that it could not be applied anywhere else as part of this procedure, but Ms. Doerr noted it would be available for future use. Mr. Jensen noted that the new designation would prevent the 150 -foot lots in Selva Marina from being divided into anything less than 100 -foot lots if the neighborhood's covenants and restrictions turn out to be unenforceable. A motion was made by Mr. Burkhart and seconded by Ms. Woods to recommend approval of the proposed boundaries to the City Commission for use as boundaries for the new Residential - Large Lot (RS -L) Zoning District. 4 DRAFT Minutes of March 21, 2006, Community Development Board Meeting AGENDA ITEM #7A APRIL 10, 2006 Mr. Lambertson asked if any there is any case law that shows that the rollover of the covenants have expired or are not enforceable. Mr. Jensen did not know. Mr. Jacobson asked if there had been any violation of the covenants or restrictions that has gone unaddressed. Mr. Jensen acknowledged that there might be but that he was not aware of any. Mr. Maclnnes pointed out that currently the proposed zoning district would effect only about a dozen identifiable property owners whose lots are big enough to divide under the RS -1 rules, and those twelve are already restricted by the covenants and restrictions of their neighborhood. He noted that tonight, no one from the subdivisions spoke in favor of this proposal. Mr. Maclnnes indicted that, therefore, he would rather err in favor of supporting the current covenants and rules under which the property owners purchased their property. Mr. Burkhart noted that this proposal would allow the City to back- up those neighborhood covenants. He did not believe the burden of enforcing those rules and restrictions should fall on the citizens of Atlantic Beach having to sue one another. Mr. Jenkins stated he would like to support the motion through the suggested findings of fact. He believed that the motion was consistent with the Comprehensive Plan and Future Land Use and that it was consistent and compatible with the surrounding development. However, Mr. Jenkins had concerns with whether the motion was consistent with the zoning and land development regulations, especially when compared it to the Purpose and Intent as listed in Section 24-2. He believed there was not enough information regarding the potentially impacted properties to determine if it would effect any of the items listed in that section of the Code. He suggested that the motion be amended to recommend approval to the City Commission subject to the thorough review of the issues of protecting and preserving property values and promoting, protecting, and improving the health, safety, comfort, good order, etc. as listed in Section 24-2, Purpose and Intent. Ms. Doerr clarified that the intent of proposed finding of fact #2 was to include consistency specifically with the new land development regulations that created the new RS -L Zoning District that was just added as Section 24-104. Mr. Jenkins commented that there is not enough information to understand the impact of the private sector covenants and restrictions. He recommended that the City Commission evaluate those thoroughly as well. The motion was amended by Mr. Jenkins to recommend that the Commission approve the land use rezoning designation subject to further review of the requirements of Section 24-2, Purpose and Intent, with respect to protecting and conserving property values, and the responsibilities of protecting and improving the health, safety, comfort, good order, appearance, convenience, morals and general welfare of the public. Mr. Burkhart and Ms. Woods both accepted the amendment to the motion. Mr. Maclnnes pointed out that Section 24-2 also states that it is not the intent of this chapter to interfere with or abrogate or annul any easements, covenants or other private agreements between parties. Mr. Lambertson discussed the lot sizes in the Oceanwalk community, noted the need for more information in general, and questioned if this motion unnecessarily duplicates what is already established by neighborhood covenants and restrictions. 5 DRAFT Minutes of March 21, 2006, Community Development Board Meeting AGENDA ITEM #7A APRIL 10, 2006 Ms. Doerr informed the Board that one of the motivating factors for the Commission to establish this new zoning district was to address concerns and objections residents had expressed over lot divisions in this specific area of the City, which lead to the current moratorium on lot divisions anywhere in the City. She reiterated that changing the zoning in other areas of the City would have to be considered separately since they are not included in this rezoning process. Mr. Lambertson believed that the current moratorium could be used to allow the City time to understand more about the covenants and the effects of the proposed motion. Chaifiuian Jacobson reiterated that the Commission has passed the new zoning district category with the idea of applying it to this area now being proposed. He called the vote. The motion was approved by a 4:2 vote with Mr. Maclnnes and Mr. Lambertson dissenting. The meeting adjourned at 8:25 pm. Signed Attest 6 AGENDA ITEM #7A APRIL 10, 2006 ORDINANCE NUMBER: 90-06-191 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE-FAMILY (RS -1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90- 06-189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE- FAMILY -LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that the public health, safety and welfare of citizens are protected and enhanced by the enactment of this ordinance, and WHEREAS, the change in Zoning District designation enacted by this ordinance shall provide for orderly growth; encourage the most appropriate use of Land; protect and conserve the value of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice, public hearings were held on the 10th day of April 2006 at 7:15 p.m. and on the 24th day of April 2006 at 7:15 p.m. to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission finds as follows: a. This change in Zoning District designation has been fully considered after public hearings with legal notice duly published as required by law. b. This change in Zoning District designation is consistent with the adopted 2015 Comprehensive Plan and the Future Land Use Designation of Residential, Low Density. c. This change in Zoning District designation to Residential, Single -Family, Large Lot (RS -L) is consistent with the Section 24-104 of the Land Development Regulations for the City of Atlantic Beach. Ordinance 90-06-191 Page 1 of 3 AGENDA ITEM #7A APRIL 10, 2006 d. This change in Zoning District designation to Residential, Single -Family, Large Lot (RS -L) is consistent and compatible with surrounding development. SECTION 2. Pursuant to this change in Zoning District designation procedure, the Zoning District classification of those lands within the City of Atlantic Beach, limited to those lands as depicted on the Geographic Location Map, attached as EXHIBIT A are upon enactment of this Ordinance reclassified from Residential, Single -Family (RS -1) to Residential, Single -Family, Large Lot, (RS -L). SECTION 3. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be deemed waived or varied by any provision herein. SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 5. This ordinance shall become effective on the date passed and enacted by final reading. Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 10th day of April 2006. Passed on final reading and public hearing this 24th day of April 2006. Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: DONALD M. WOLFSON Mayor/Presiding Officer DONNA BUSSEY City Clerk Ordinance 90-06-191 Page 2 of 3 AGENDA ITEM #7A APRIL 10, 2006 Crbi (p = s. (D Q CD co cn. * r t0• o 0 0sv o o. 0 Q s• a7 Po CO . tp 0 r r4. 0 AGENDA ITEM #7B APRIL 10, 2006 ORDINANCE NUMBER 90-06-190 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Zoning, 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 II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this Ordinance, said definition shall read; as set forth below. Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of 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 roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. The pool water surface area of swimming pools shall be considered as forty percent (40%) Impervious Surfaces (or sixty percent (60%) pervious) because of their ability to retain a certain amount of rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty percent (50%) Impervious Surface provided that no barrier to natural percolation of water should 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 of type of base material used. Unless otherwise and specifically provided for in these Land Development Regulations, or within another Ordinance, or by other official action establishing specific Impervious Surface Limits for a particular Lot or Development Project, the fifty percent (50%) Impervious Surface limit shall be the maximum Impervious Surface limit for all new residential Development and redevelopment. In such cases where a previously and lawfully developed residential Lot or Development Project exceeds the fifty percent (50%) limit, redevelopment or additions to existing residential Development shall not exceed the pre -construction Impervious Surface limit, provided the stormwater and drainage requirements of Section 24-66 are met. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Ord. #90-06-190 AGENDA ITEM #7B APRIL 10, 2006 Passed upon first reading by the City Commission of the City of Atlantic Beach this 27th day of March, 2006. Passed upon final reading and public hearing by the City Commission of the City of Atlantic Beach this 10th day of April, 2006. Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST : DONNA BUSSEY City Clerk DONALD M. WOLFSON Mayor and Presiding Officer Ord. #90-06-190 AGENDA ITEM #7C APRIL 10, 2006 ORDINANCE NO. 5-06-46 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS & COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST EXPIRE BEFORE A TERM LINIITED 1VIEIVIBER MAY BE REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are various boards in the City authorized by the Atlantic Beach Code, such as the Code Enforcement Board and the Community Development Board, and WHEREAS, there are various committees in the City which have been established by resolution or appointed by the City Commission, such as the Code Enforcement Board, Community Development Board, General Employees Pension Board of Trustees, Police Employees Pension Board of Trustees, Tree Conservation Board, Cultural Arts and Recreation Advisory Committee, Board Member Review Committee, and WHEREAS, the boards and committees of the City have varying terms and numbers of terms which can be served by their members, and WHEREAS, vacancies can occur on the City boards and committees which require a new member to be appointed by the City Commission, and WHEREAS, because the City has established term limits, it is necessary to establish a period of time which must expire before a member of a City board or committee may be reappointed to a board or committee on which he/she has previously served and whose term limits have expired, and WHEREAS, it is the intent of the City Commission to involve as many qualified citizens on City boards and committees as possible while also recognizing the valuable experience and contributions of citizens whose term limits have expired. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ,SECTION 1, The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 2-131, which section shall read as follows: "Sec. 2-131. Reappointment to boards and committees. (a) Whenever a vacancy occurs on any board or committee of the City, any qualified person may be appointed to fill such vacancy, including AGENDA ITEM #7C APRIL 10, 2006 someone who has previously served on the board or committee on which there is a vacancy. (b) However, any person who has served on a board or committee of the City for the maximum number of terms allowed may not again be appointed to that same board or committee until one (1) year has passed since the person was term limited off the board or committee. SECTION 2, This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 27th day of March, 2006. PASSED by the City Commission on second and final reading this 10th day of April, 2006. A 1"1 EST: DONNA L. BUSSEY DONALD M. WOT FSON City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7D APRIL 10, 2006 ORDINANCE NO. 95-06-90 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF 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 follows: (d) Liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), ora surety bond on said dog of at least three hundred thousand dollars ($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach 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. In the event the owner elects to submit proof of the required liability insurance rather than a surety bond, then in that event the owner must also submit proof that the owner has notified its liability insurance company, in writing, that the owner's dog has been classified as dangerous, together with written proof from the insurance company that it has been so notified and that there are no exceptions or exclusions in the insurance policy for dog bites or dangerous dogs." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 27th day of March, 2006. PASSED by the City Commission on second and final reading this 10th day of April, 2006. ATTEST: DONNA L. BUSSEY DONALD M. WOLFSON City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7E APRIL 10, 2006 ORDINANCE NO. 95-06-91 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach has the authority to promulgate rules and regulations relative to the conduct of people in the City's public parks and to visibly post such rules and regulations at locations in the parks to which they apply, and WHEREAS, some City employees such as Parks and Recreation staff members and police officers have had problems with people violating park rules and regulations and then either ignoring or being abusive to the responding City employees, and WHEREAS, as a result of such conduct, it is necessary to provide specific authority for City employees to enforce the rules and regulations in the City's public parks. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 5-33, which section shall read as follows: tl Sec. 5-33. Enforcement of park rules and regulations. All City employees shall have the authority to enforce the rules and regulations of the City's public parks. The primary enforcement agents shall be Parks and Recreation staff members and police officers. (a) First violation. First violations of park rules and regulations will result in the violator being verbally warned by the city employee. If the violator is a juvenile, then the employee will obtain parental/guardian information and contact the juvenile's parent/guardian and inform the parent/guardian of the warning. All records of warnings will be purged after ninety (90) days unless there are subsequent violations. (b) Second violation within ninety (90) days of first offense. If the violator is a juvenile, then the parks and recreations staff will contact the juvenile's parent/guardian and contact the police to complete a Trespass After Warning (TAW) form for thirty (30) days. The juvenile information will be purged after ninety (90) days unless there are subsequent violations. If the violator is an adult, then parks and recreations staff will contact the police to complete a Trespass After Warning (TAW) form for thirty (30) days. AGENDA ITEM #7E APRIL 10, 2006 (c) Third and subsequent violations within ninety (90) days of the second offense. If the offender is a juvenile, the parks 'and recreation staff will contact the juvenile's parent/guardian and contact the police to complete a Trespass After Warning (TAW) form for one (1) year. The juvenile information will be purged after ninety (90) days unless there are subsequent violations. If the violator is an adult, then parks and recreations staff will contact the police to complete a Trespass After Warring (TAW) form for one (1) year. (d) Trespassing violations will be handled as violations of state law. (e) Authority to regulate park activities. Members of the parks and recreation department and the police department are authorized to: (1) Direct', any individual to leave any city public park or any specific area of any city park, and to complete a Trespass After Warning Notice prohibiting an individnrl from returning to a city park or any specific area of a city park based on the individual's violation of posted park rules or violations of criminal codes and/or statutes. (2) Close down a city park or any portion of a city park due to violations of park rules, violations of criminal codes and/or statutes, or due to public safety concerns." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. AI LEST: DONNA L. BUSSEY DONALD M. WOLFSON City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENTS: AGENDA ITEM #7F APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 58-06-31 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Nelson Van Liere, Finance Director March 24, 2006 The City has successfully negotiated an agreement with the White and Blue Collar bargaining units. In exchange for additional wages the union agreed to have its member contributions increase from 3.0% to 5.0% by September 24, 2006. This change has been reviewed by the City's pension attorney and is ready to implement upon adoption of the ordinance. Certified impact statements have been prepared by the City's actuary indicating the savings for the contribution rate change to the annual budget of $8,597 for the next year and $52,572 per year when totally implemented in fiscal year 2007. Approve ordinance 58-06-31 Ordinance 58-06-31 Actuarial Impact Statement REVIEWED BY CITY MAN • GER AGENDA ITEM #7F APRIL 10, 2006 ORDINANCE NO. 58-06-31 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida has an interest in the future retirement of its employees and wishes to improve the retirement systems whenever feasible; and WHEREAS, the City desires to remain competitive in the local area with respect to salary and benefits offered to its employees. WHEREAS, the City and certain employee representation groups have agreed to specific provisions through the collective bargaining process; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change; and NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That; SECTION 1. Chapter 2, Administration; Article VI, Employee Benefits; Division 3, General Employee Retirement System be amended as follows: DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM Sec. 2-298. Member contributions. (a) Member contributions for benefit group general shall be three (3) four (4) percent of salary. Effective September 24, 2006, member contributions for benefit group general shall be five (5) percent of salary and said contribution shall be deducted from the member's pay and paid over into the retirement system at least monthly. SECTION 2. Severability AGENDA ITEM #7F APRIL 10, 2006 If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This ordinance shall take effect immediately upon its passage and as soon as the related payroll deduction items can be implemented. PASSED by the City Commission on first reading on the day of 2006. PASSED by the City Commission at Public Hearing and final reading this day of 2006. Donald M. Wolfson Mayor / Presiding Officer ATTEST: Donna L. Bussey City Clerk Approved as to form and correctness: Alan Jensen City Attorney LEGEND: Underlining is new language Strikethrough is old language AGENDA ITEM #7F APRIL 10, 2006 CITY OF ATLANTIC BEACH GENERAL EMPLOYEE RETIREMENT SYSTEM ACTUARIAL IMPACT STATEMENT, FEBRUARY 8, 2006 Description of Amendment • Increase the employee contributions based on the following schedule: Increase from 3% to 4% March 1, 2006 (estimated implementation date) Increase from 4% to 5% September 1, 2006 Funding Implications of the Amendment An actuarial cost estimate for the amendment is attached. Certification of Administrator The actuary has been furnished with a description of the amendment. I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X, of the Constitution of the State of Florida. , Administrator City of Atlantic Beach General Employee Retirement System AGENDA ITEM #7F APRIL 10, 2006 CITY OF ATLANTIC BEACH GENERAL EMPLOYEE RETIREMENT SYSTEM ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006 Data and Actuarial Assumptions The data and actuarial assumptions used for the cost estimate were the same as used for the September 30, 2004 actuarial valuation. Description of Proposed Amendment • Increase the employee contributions based on the following schedule: Increase from 3% to 4% March 1, 2006 (estimated implementation date) Increase from 4% to 5% September 1, 2006 Contribution Implications of the Amendment Percents of Payroll FY 05/06 Dollars General General Regular valuation Normal Cost 11.82% Unfd Act. Accr. Liab. 5.36 FS 112.64(5) Compliance 0.33 Administrative Exp. 0.58 Total 18.09% After 3% Member Contributions Noinial Cost 12.09% Unfd Act. Accr. Liab. 5.29 FS 112.64(5) Compliance 0.33 Administrative Exp. 0.58 Total 18.29% After Amendment Nolinal Cost 12.65% Unfd Act. Accr. Liab. 5.16 FS 112.64(5) Compliance 0.31 Administrative Exp. 0.58 Total 18.70% Change from Amendment Normal Cost 0.56% Unfd Act. Accr. Liab. (0.13) FS 112.64(5) Compliance (0.02) Administrative Exp. 0.00 Total 0.41% $598,160 $604,773 $618,329 $13,556 AGENDA ITEM #7F APRIL 10, 2006 CITY OF ATLANTIC BEACH GENERAL EMPLOYEE RETIREMENT SYSTEM ACTUARIAL COST ESTIMATE, FEBRUARY 8, 2006 Allocations of Contribution Increase* Percents of Payroll FY 05/06 Dollars To Member To City 0.67% (0.26)% $ 22,153 (8,597) *This is the first year only. The allocation of costs to members will change an additional 1.33% of payroll by FY 06/07. The comparable dollar savings to the city will increase to $52,572 by FY 06/07. Actuarial Present Values (thousands of dollars) Before Amendment After 3% Member Cont. After Amendment General General General Present Value of Prospective Benefits Retired Members & Beneficiaries $2,524 $2,524 $2,524 Vested Terminated Members 585 585 585 Active Members Service pensions 7,429 7,429 7,429 Vested term pensions 300 301 301 Disability pensions 262 262 262 Survivor pensions/pre-retirement 333 333 333 Termination refunds 65 81 109 Total -Active Members 8,389 8,406 8,434 Total APV of Prospective Benefits $11,498 $11,515 $11,543 Actuarial accrued liability Unfd actuarial accrued liability Active member future salaries Active member future contributions $9,005 $8,958 $8,864 $2,732 $2,685 $2,591 $21,952 $21,952 $21,952 $439 $659 $1,078 COMMENT: The increase in unfunded actuarial accrued liability was financed as a level percent of payroll over 30 years. V-2_0 o 6 [05-5614] A MAAA Brad Lee Armstrong, EA AGENDA ITEM #7G APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 20-06-76 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. SUBMITTED BY: Nelson Van Liere Finance Director DATE: March 31, 2006 BACKGROUND: This budget amendment creates a budget for police related grants awarded after the original budget was approved. Both grants are Florida Department of Law Enforcement funded. The first is for the Crime Suppression Unit for the purchase of video/audio surveillance equipment. The second is for Special Weapons and Tactics (S.W.A.T.) equipment including tactical vests, helmets, headsets and rifle shields. In reviewing the current year project status for the Community Development Block Grant Funds, it is evident that the funds dedicated to septic to sewer conversions are not going to be taken advantage of as expected. For that reason, we propose to re - appropriate $80,000 of those funds along with $8,595 from last year's funds to other projects. Those projects are sidewalks on Jordan Street, for $30,000 and $58,595 for utility improvements related to Beaches Habitat housing projects. After making this change, there will be $20,000 left in the program for septic to sewer conversions. In order to assist with addressing the issue of low-cost housing at the Beaches, the City of Atlantic Beach has agreed to contribute $50,000 towards the installation of water and sewer utilities to a new subdivision for Beaches Habitat. This subdivision will be located just north of Dutton Island Road West between Mealy Drive and Alley Road. The full utility project will be awarded by the City at an estimated cost of $112,000, and Beaches Habitat will reimburse the City for all costs over the $50,000 commitment. The $50,000 is already budgeted in the Community Development Block Grant monies. The transfer requested is to cover the AGENDA ITEM #7G APRIL 10, 2006 additional amount for project award until the reimbursement by Beaches Habitat. Funds in the amount of $48,000 are needed for an unbudgeted emergency repair of a 14 -inch diameter ductile iron air main at Wastewater Treatment Plant #1 (1100 Sandpiper Lane). The underground air main is nearly 20 years old and appears to have excessive corrosion on the outside of the pipe due to the high air temperatures mixed with the fluctuating groundwater levels. The air main needs to function properly in order to provide oxygen to the microorganisms that treat the wastewater. BUDGET: The total net impact of this ordinance on the City's fund balances is a reduction of $48,000. RECOMMENDATION: Approve Ordinance No. 20-06-76 ATTACHMENTS: Ordinance No. 20-06-76 REVIEWED BY CITY MANAGER: AGENDA ITEM #1G APRIL 10, 2006 ORDINANCE NO. 20-06-76 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time, and WHEREAS, the City Commission has considered the projects that are Community Development Block Grant eligible and chosen projects accordingly taking into consideration the current year's allocation along with unused funds from fiscal year 2005, and WHEREAS, the Public Safety Department has been informed of two Florida Department of Law Enforcement ( F.D.L.E.) grants awarded to the City to be used for digital video/audio recorder equipment and for tactical vests, helmets, headsets and rifle shields, and WHEREAS, the City has agreed to award a bid for utilities in a Beaches Habitat project with an agreement to be reimbursed for all expenses over the $50,000 included in the City's C.D.B.G. fund, and WHEREAS, the City issued an emergency purchase order for an unbudgeted repair to the wastewater treatment plant #1, and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2005/2006 Operating Budget be amended as follows: Police Grant Fund — F.D.L.E. Byrne Grant Revenues: Grant Proceeds $6,536 Expenses: Public Safety Police Crime Suppression Unit Division Capital Outlay — Equipment $6,536 Change in Fund Balance $0 AGENDA ITEM #7G APRIL 10, 2006 Police Grant Fund — F.D.L.E. State Homeland Security Program Revenues: Grant Proceeds $20,000 Expenses: Public Safety Police Patrol Division Operating Expenses -Supplies $3,500 Capital Outlay — Equipment 16,500 Total Expenses $20,000 Change in Fund Balance $0 Community Development Block Grant Revenues: Grant Proceeds: $33,742 Expenses: Parks and Recreation Capital Outlay — Improvements $6,852 Planning Aid to Private Citizens — Building Rehabilitations 18,295 Utility Improvements for Beaches Habitat Housing 58,595 Septic Conversion Program <80,000> Sidewalks on Jordan Street 30,000 Total Expenses: $33,742 Change in Fund Balance $0 Water Utility Fund Revenues: Cost reimbursement from Beaches Habitat $18,300 Expenses: Distribution Capital Outlay — Improvements $18,300 Change in Fund Balance: $0 Sewer Utility Fund Revenues: AGENDA ITEM #7G APRIL 10, 2006 Cost reimbursement from Beaches Habitat $43,700 Expenses: Treatment Capital Outlay — Improvements $48,000 Collection / Transmission Capital Outlay — Improvements 43,700 Total Expenses: $91,700 Change in Fund Balance: $<48,000> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of April , 2006. Passed by the City Commission on second and final reading this day of April, 2006. Donald .M. Wolfson Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna Bussey City Clerk AGENDA ITEM #8A APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Tropic Heating and Air, Inc. for a Use -by -Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at a fully -developed site located at 750 Mayport Road (the former Bonafide Pools — Bob's Palm Trees site.) n SUBMITTED BY: Sonya Doerr, AICP �il� Community Development Director DATE: March 23, 2006 BACKGROUND: Section 24-11, the Commercial General regulations, provide for consideration of Contractors as a permissible Use -by -Exception subject to the limitations of below paragraph (c) (6). (c) Uses -by -Exception. Within the CG Zoning Districts, the following Uses may be approved as a Use -by - Exception. (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. This .23 -acre site is fully developed, and no changes are proposed to the site other than cosmetic and landscaping enhancements. The applicant has provided that the proposed business will comply with the limitations as set forth below. The Community Development Board recommended approval of the request subject to the below stated conditions at their March 21st meeting. (The Applicant has already met with Staff to discuss their landscape enhancements for the property, which will include irrigation and a grassed lawn, installation of a row of viburnum and at least one hard wood tree. There are also several palms and other trees existing on the site, which will be retained.) BUDGET: No budget issues. RECOMMENDATION: The City Commission may consider a motion to approve a requested Use -by -Exception (File Number UBE-2002-06) to allow a heating and air conditioning contractor to bo located within the Commercial General (CG) Zoning District at 750 Mayport Road, subject to. • There shall be no outside storage of equipment or business related materials; no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. • Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. • The Community Development Board recommended the following additional condition: The applicant shall comply with Section 24-177 of the Landscaping regulations. (Provide findings of fact similar to the following.) 1. Approval of this Use -by -Exception complies with the requirements of Section 24-63 of the Land Development Regulations. 2. The request is consistent and compatible with other surrounding development along this portion of Mayport Road. ATTACHMENTS: Draft Community Development Board minutes, and application package. REVIEWED BY CITY MANAGER: April 10, 2006 regular meeting DRAFT Minutes of March 21, 2006, Community Development Board Meeting AGENDA ITEM #8A APRIL 10, 2006 5. New Business. a. UBE-2006-02. Request from Tropic Heating and Air, Inc. for a Use -by -Exception to allow a heating and air conditioning contractor (with no outside storage) to be located within the Commercial General (CG) Zoning District at a developed site located at 750 Mayport Road. James F Jackson, 4560 Glen Kernan Parkway East, Jacksonville, introduced himself as representing applicant Charlie Marks for UBE-2006-02. Mr. Jackson introduced Mr. Marks as the owner of Tropic Heating and Air, Inc. and described the site for his Use -by -Exception request. He noted that Mr. Marks had been in the air conditioning business for 28 years and in 1988, established his own business, Tropic Heating and Air, Inc. Mr. Marks stated he has been in Atlantic Beach for two years and is currently located at 1651 Mayport Road. He stated he would like to continue his business at the property he bought at 750 Mayport Road. Mr. Jackson oriented the Board to the site of the request as seen in Exhibit B and noted that they expect minimal traffic and low impact to adjoining properties. He indicated that there would be no manufacturing at the site and that the location would serve mainly as an administrative office for the business. Mr. Jackson reviewed the inforniation in Exhibit A of the application. He stated that the business would have the appearance of a professional upscale office park and believed that it would help promote the property values in the area. Jonathan Lyon, 1837 Sea Oats Drive, the financial and insurance advisor to Mr. Marks, stated he owns two properties in the Section H area of Atlantic Beach on Begonia and 14th Street. He spoke in favor of Mr. Marks' request for a Use -by -Exception and believed it would be a beneficial addition to Atlantic Beach. Ms. Woods inquired if the property will be brought up to meet current landscape code for commercial development. Ms. Doerr stated that currently there is no new construction or building permit request from the applicant that would require him to meet those landscape standards. Mr. Jackson responded that the applicant intends to make landscape enhancements to the property. Ms. Woods asked if the Board could require the landscape improvements as a condition to approving the request. Ms. Doerr responded, yes, Use -by -Exceptions allow for special conditions to be requested. Chairman Jacobson asked the applicant to describe his plans for the landscape. Mr. Marks responded that he intends to clean up the property, remove the pits in the yard by leveling the area, and then create a nice lawn by sod or seed, followed with irrigation. Chairman Jacobson questioned how many employees would be at the business. Mr. Marks replied that one employee would be in the office all day and the others would come and go to work sites. He also stated that the business has four trucks, which will be taken home by employees, with the exception of one van, which will be backed up to the existing warehouse nightly. Ms. Doerr confirmed that the applicant is allowed one business vehicle to remain parked at the business. Ms. Woods discussed approving the request with the condition to bring landscaping up to the commercial landscape requirements. Chairman Jacobson recognized that would require more than the applicant intended to do with the landscape. Discussion ensued regarding the requirements of the commercial landscape code and the inability of the applicant to comply with the all requirements because this is a fully developed site. Mr. Jackson indicated that the applicant would be willing to 2 DRAFT Minutes of March 21, 2006, Community Development Board Meeting work with Ms. Doerr to meet reasonable landscaping requirements for the location. A motion was made by Ms. Woods and seconded by Mr. Burkhart to recommend approval of UBE-2006-02, subject to upgrading the landscape in coordination with Ms. Doerr in order to accomplish a reasonable landscaping improvement. Mr. Jenkins modified the motion to specifically include compliance with Section 24-177 and with the limits imposed on the Use -by -Exception in paragraph (c)(5), and with reasonable approximation to compliance with the landscape requirements of the code. The modified motion was agreed upon by Ms. Woods and Mr. Burkhart and passed unanimously by the Board. AGENDA ITEM #8A APRIL 10, 2006 3 ArcIMS Viewer AGENDA ITEM #8A APRIL 10, 2006 http://maps2.coj.net/WEBSITE/DuvalMapsPa/MapFrame.htm AGENDA ITEM #8A APRIL 10, 2006 Copyright 4C) 200S City Of Jxksbnvitla http ://maps2.coj .net/output/jaxMapsP_GISMAP1594054726322.png 3/23/2006 Date AGENDA ITEM #8A APRIL 10, 2006 APPLICATION FOR A USE -BY -EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www/cLatlantic-beach.fl.us File No. tE2-0060-- Receipt 1. Applicant's Name 0--1,14C-E5 -J. 141.4:R.K5 ((33a T(7PIe-, .44T6 7417., /NC,) 2. Applicant's Address 1067? KO...) 65 RV )e.pT7Je0G ,1 F., CL 32-2I o 3. Property Location 75o wc4'yPo .y -7?...1), f A -11. t it! £ ' C+1., $�L 3 22.3 3 4. Property Appraiser's Real Estate Number 1 707 5 ( 0000 Block No. ;6 Lot No. ( ci" Z 5. Current Zoning Classification G► ' 6. Comprehensive Plan Future Land Use designation 7. Requested Use -by -Exception 411. Co.)"D (--ria)J 1 4)6 eDP0-ri: 4 c -('p (' . (_.4_04(1)(5-T-'p.4rntQ t4 4 1N�1 `S5RAlE 8. Size of Parcel . 2_3 CSG : 9. Utility Provider -E4- A- 0.711 j 10. Statement of facts and special reasons for requested Use -by -Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or type s): � � 1. S. J • PNi`1 C S Signature(s): \ L/ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: -J4 wt -E5 ,J- 4C K5 2 J Mailing Address: 456 o /U'4/J taw y 74-k. .FL &12-.Z4(( f32Z1. Phone:FAX: q46 , g� 02- E-mail: J4CK5O)JR �' GauG-45.T; ) R C-44QLE3 i4141 K$ @ z41. rt 5$ AGENDA ITEM #3A APRIL 10, 2006 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. E<t5T: 1!`1 LPL() —rk41 t c_ L aN e pt v E w.4`! 14 4.4-10 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. EXt-STi U& '4 <t9..)6 t o,47:"l)-2G 3. The potential for any adverse impacts to adjoining properties and properties gcnerally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested. • /00 AI>Vt St= 1144'F-4CT; ,w4,4. •J ai it/tArRaVe 1't{ )J r 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; ?( t ST/ )..)& '5. Utilities, with reference to locations, availability and compatibility; l "X" t ST/ )) c u i 2 (rl Ti -5 (�" .� cc1-,4 -gJ 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. 47C- 1.4-700731eki CZ' 41.3 ( E4ST. (_V r v La4m-4-�ze-4) 7. Signs, if any, and proposed exterior lighting, with reference to. glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) t5T't 1`) S (61vr4 (r 4 r opte -�{Tf� � i .-' 8. Required Yards and other Open Space. Show building setbacks and areas of open space.on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Co V4 tat- c.oNsts` JT w�tcxts-r��6 terms .45 COLD 1 S / -ry 4c.sc2 1444L-4.1, c. Logs S -r ucT'uvz�5 Other information you may wish to provide: ( TU WGLU ( t D► > 1 G tttt_.► k)6 LE=4 S/'L1C.0 Wil -1 .tM GO LO VP O maks c 1.L' AGENDA ITEM #8A APRIL 10, 2006 MAP SHOWING BOUNDARY SURVEY OF: LOTS I' AND 2, LESS AND EXCEPT THAT PART LYING WITHIN THE RIGHT-OF-WAY OF MAYPORT ROAD (STATE ROAD A -I -A) AS WIDENED TO A 100.00 FOOT RIGHT-OF-WAY, BLOCK 36, ATLANTIC BEACH SECTION "H" AS RECORDED IN PLAT BOOK 18, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. -t, 40,6 Igt 14 cos,* c-71 Q 1 11 0 0 ca . • K ""T ('PIAT) Lea .caG1 • /03.6E(MEAsuREO) 0 r • G1d.K 'a iZT IMO 41,7! • • toryr 0:0 tq A CITY o.•r atal tau w..4 J o4..I'1t" {. passesWCR t+ V u'y 4) 41.1 APPROVE -D U CITY OF ATLANTIC BEACH PLANNING & ZONING OFFICE AY 0.,1 2001 /1 PROVED F .ATLANTIC BEACH 1.-.011•40 Celtics Y 01 2001 4 Si 0 3.6OZinrA:u ) I.. 1.1►E WIT% * • %'sct.U• (kit,446...)Lam ►) • . .vv iia �• CP -r c fa . Q • 1414" r czo AT) .00' P. E. Te• S'. 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OdLi. 0 - 0 O,� 0: d( �4 Q•o ;17 1 111I0%.1 AGENDA ITEM #8A APRIL 10, 2006 http://maps2.coj .net/output/j axMap sP_GI SMAP1230427883 5360.png 3/1/2006 AGENDA ITEM #8A APRIL 10, 2006 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENT: AGENDA ITEM #8B APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Proposed Ordinance to require the standardization of newspaper racks in certain areas, to provide for the sharing of cost between users, limiting the City's liability and requiring maintenance Jim Hanson, City Mana April 3, A representative for the : eaches Leader newspaper (Steve Fouraker) has approached city staff with a request that the city consider requiring newspaper vendors and others to utilize a shared rack system in the Town Center area to improve the unsightly appearance of the collection of boxes next to the Ragtime Restaurant. A copy of a letter from Mr. Fouraker of the Leader group dated March 20, 2006 is attached. During a recent meeting with Mr. Fouraker and a vendor of rack systems, a number of provisions for an ordinance were proposed. Such an ordinance would set zones for requiring the use of modular units. Similar zoning ordinances in other Florida cities limit having any other news distribution points placed within 1000 feet of each other. Each newspaper vendor (or other distributor of materials claiming rights under the First Amendment) would buy an individual box which would be placed into a rack, the cost of which would be shared by each of the users. The cost to each user would range from $350 up to $600 depending on the specific box configuration. The ordinance would require a certain level of maintenance (including replacing boxes and/or rack when rusted), require a hold harmless agreement and registration from each user, and include a registration fee to cover the city's cost of administration. If the Commission would like to consider adopting such an ordinance, copies of similar ordinances from other Florida cities should be obtained, a presentation from a vendor should be scheduled and an opportunity should be provided to the other newspaper providers (and others) to have an input into the establishment of the ordinance. The cost of the system proposed would be paid by the newspapers and other material providers. There would be an administrative cost for city staff to handle the registration of each user, although a fee for that registration will be proposed in the draft ordinance. The Mayor and Commission should determine if you want to proceed. If so, staff will obtain information from other Florida cities, prepare a draft ordinance, arrange for a brief presentation and notify other newspaper providers so that all can make comments. Letter from Steve Fouraker dated March 20, 2006. THE LEADER GROUP COMMUNITY NEWSPAPERS *THE BEACHES LEADER *PONTE VEDRA LEADER *SUNTIMES Phone: (904)249-9033 Fax: (904)249-1501 www.beachesleader.com Jim Hansen City of Atlantic Beach 800 Seminnole Rd. Atlantic Beach, F 1. 32233 Mr. Hansen, AGENDA ITEM #8B APRIL 10, 2006 March 20, 2006 Thank you for spending time with Sott and me. I understand the city has a concern about the proliferation of newspaper racks on city property next to The Ragtime Tavern in Town Center. We stand ready to work with you on this. All of us here at The Beaches Leader consider ourselves good neighbors in the community we have served for over 40 years. Along with our function of delivering news and information to the citizens of the Beaches communities and remaining economically viable, the safe and aesthetic display of our newspaper is an important element of our mission. We particularly value working with the City of Atlantic Beach when we display our newspaper on public property to insure both of our interests are satisfied. The representative from Gold Eagle News Racks outlined several ways newspapers and cities have worked together with regard to newspaper display on public property. While we view with caution any restrictions or cost -incurring specifications regarding the display of our newspapers, we think the uniformity of a modular style of newspaper racks might add to the ambiance of that portion of the Town Center. We would be happy to join with other publishers, city staff, and the Commission to create an aesthetically -pleasing, uniform presentation of newspapers at that location. I would be happy to share with city officials or the City Commission any of the information I have gathered about cooperative arrangements, ordinances and other ways cities and newspapers have worked together to address the concerns of city governments, and protect the First Amendment guarantees afforded newspapers. You have indicated you would like to see what we can work out to create an alternative display approach at the area near The Ragtime Tavern in the Town Center. We would be happy to work deligently with you, other newspapers, and the newspaper rack people to not only insure a level AGENDA ITEM #8B APRIL 10, 2006 playing field between competing ideas and products, but to do it in a way that fits, as much as possible, with the attempted ambiance of this particular public area. As we we proceed, I want to reiterate that we intend to consider other areas in the city for distributing our newspaper. We are pleased that room for newspapers is included the postal box island being constructed on 19th Street. We also think that a newspaper island would be logical and in the public interest somewhere on the Atlantic Beach City Hall property. Whether the City of Atlantic Beach decideds to move ahead with some sort of regulation of newspaper racks in a comprehensive or place -by -place manner, we will work to insure an agreeable outcome in every way possible. Sincerely, Steve Fourake Circulation Manager AGENDA ITEM: AGENDA ITEM #8C APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Request from Friends of Atlantic Beach Elementary for additional funding for the Track Construction Project and for authorization to sign a Memorandum of Understanding with the Duval County School Board SUBMITTED BY: Jim Hanson, C. DATE: April 3, 2006 BACKGROUND:. Last summer, the Friends of Atlantic Beach Elementary approached the City Commission for funds in connection with two projects at the school. The first was for landscape and parking improvements in front of the school. The Commission budgeted $10,000 for this project on the condition that the plans be approved by the City Commission prior to commencing work and that those plans include a solution to the safety problem of parking along the right-of-way of Sherry Drive and backing into the street adjacent to the school crossing. The second project was to construct a new 1/8 mile track. The commission budgeted $25,000 for this project. Conditions on this expenditure included the City Commission reviewing and approving plans (already completed), executing a joint use agreement with the Duval County school system for use of the outside facilities at AB Elementary and that better public access be incorporated from Sherry Drive. The addition of a gate was discussed. Jill Jackson, President of the Friends of Atlantic Beach Elementary has now requested that the City Commission increase the budget for the track from $25,000 to $50,000. While her letter requests that the City reallocate the $10,000 for the landscaping/Sherry Drive improvements to this track project, it is their intent to request replacement funding for this from the city in the future. Because planning for the landscaping and Sherry Drive improvements has not been completed, it would probably be better for the Commission to simply increase the allocation for the track by $25,000 rather than reallocate the $10,000 from the project and then rebudget at a later date. The Friends of Atlantic Beach Elementary have also worked with the school board to prepare a Memorandum of Understanding which is ready for approval. BUDGET: The City has a total of $35,000 budgeted for the two projects this year at Atlantic Beach Elementary; $10,000 for the landscaping/parking AGENDA ITEM #8C APRIL 10, 2006 improvements and $25,000 for the track. If additional funds were approved, they would have to come from the General Fund balance. RECOMMENDATION: Authorize the City Manager to sign the Joint Use Agreement with the school system and decide whether or not additional funds will be allocated for the track project. ATTACHMENTS: 1) Letter dated April 1, 2006 from Jill Jackson, President of the Friends of Atlantic Beach Elementary 2) Draft proposed agreement with the Duval County School Board April 1, 2006 Mr. Jim Hanson City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 FRIENDS OF TLflflTIC B€(H ELEMENTARY RE: Atlantic Beach Elementary Track, Athletic Fields & Playground Project Dear Jim: AGENDA ITEM #8C APRIL 10, 2006 As you drive by Atlantic Beach Elementary, you will notice construction of the track and athletic fields is well underway. This project was able to gain momentum last year with initial funding commitments from the City of Atlantic Beach for $25,000 and the City of Jacksonville for $35,000. Originally, the total project was estimated at $75,000 with the balance of funds coming from parent and community donations. However, construction costs were considerably higher (mainly due to an increase in price of asphalt) than the original construction bids. In addition, it was determined that the playground equipment on the school campus (along Sherry Drive) also needed to be replaced because of safety concerns. FABE and the PTA decided to add this to the project scope along with some additional landscaping. The overall project cost is now $145,000 and will be completed by the end of April. I would like to provide an update of the project at the next Commission meeting on April 10. At that time I will be requesting an additional $25,000 in funding from the City of Atlantic Beach. As we recently discussed, this money could be a combination of the $10,000 that is currently allocated in this year's City of Atlantic Beach budget for Sherry Drive landscaping at the school and the balance would be in new funds. We have also received a commitment from the City of Jacksonville for an additional $10,000 to help fund these enhancements. Once these projects have been completed, our next phase is to address the parking concerns at the school. In summary, I hope that staff and commissioners will support our request. FABE and AB Elementary value our relationship with the City and have accomplished much together in the last few years. This project is a significant enhancement to the City of Atlantic Beach and can be enjoyed by all of our residents. Thank you again for your consideration. Please call me with any questions regarding our proposal at 241-4886. Regards, J ack Pr- sident Friends of Atlantic Beach Elementary AGENDA ITEM #3C APRIL 10, 2006 Atlantic Beach Elementary School No. 65 General Description MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("Memorandum"), made and entered into this day of , 2006, by and between the CITY OF ATLANTIC BEACH, a municipal corporation, hereinafter referred to as "City" and DUVAL COUNTY SCHOOL BOARD, a body politic and corporate, hereinafter referred to as "DCSB". WITNESSETH: WHEREAS, the City and DCSB have entered into a Joint Use Agreement dated (the "Agreement") allowing the City and DCSB to jointly use certain DCSB property and certain City property more particularly described herein for recreational and educational purposes in accordance with said Agreement and the limitations set forth therein; WHEREAS, the Agreement requires the parties to enter into a Memorandum of Understanding for each DCSB property and City property setting forth in detail the extent of the use to be made of each property; WHEREAS, the City and DCSB have authorized the City Manager and Associate Superintendent, Support Operations to execute all Memoranda of Understanding and amendments thereto, on behalf of the City and DCSB, respectively; WIREAS, the parties desire to enter into this Memorandum to set forth the terms and conditions necessary by the parties to ensure the jointly used property is well maintained and operated. WHEREAS, the City has made certain funds available to DCSB to construct certain improvements at Atlantic Beach Elementary School #65, 298 Sherry Drive, Atlantic Beach, Florida 32233, which is the property of the Duval County School Board, description of such improvements ("improvements") are attached hereto as Exhibit A; and WHEREAS, such improvements shall consist of , and WHEREAS, it is in the City's best interest to provide such improvements so that the community' s residents may have a safe, diverse and wholesome recreational environment NOW THEREFORE, the parties in consideration of the foregoing and the mutual promise and covenants herein, agree as follows: AGENDA ITEM #SC APRIL 10, 2006 Section 1. Use. The city shall have the right to use jointly with DCSB the area designated on the plat diagram or site plan attached hereto as Exhibit A and made a part hereof (the "Property") at Atlantic Beach Elementary School #65, 298 Sherry Drive, Atlantic Beach, Florida, 32233, for educational and recreational purposes only. The City shall have the right to use the Property for the purposes stated herein at the times set forth in Exhibit B, attached hereto and made a part hereof. Section 2. Improvements. The City may install the improvements listed on Exhibit C; attached hereto and made part hereof (the "Improvements") at the locations set forth in Exhibit A. All Improvements shall meet Florida Department of Education safety standards. Section 3. Maintenance of Improvements and Property. DCSB shall maintain, at its sole cost and expense, the Improvements installed by the City on the Property. The DCSB shall maintain the Property and any improvements made by DCSB thereon and provide daily litter control during the school year. The City will provide litter control during and after its use of the property. Section 4. Title of Improvements. DCSB, at its option, may keep any or all of the Improvements installed by City on the Property and the City shall convey its rights, title and interest in the Improvements "as is" with no warranties as to merchantability or fitness to the DCSB or DCSB may require the City to demolish and remove the Improvements on the Property and return the Property completely as practicable to its original condition prior to the installations of the Improvements. Section 5. Memorandum Period and Termination. This Memorandum shall be effective for the period beginning and shall continue unless terminated by either party, with or without cause, upon giving three (3) months written notice to the other pty. Section 6. Notices. All notices required under this Memorandum shall be made in writing and served upon City by registered or certified mail, return receipt requested, addressed to City Manager, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, and served upon DCSB by registered or certified mail, return receipt requested, addressed to Associate Superintendent, Support Operations, 1701 Prudential Drive, Jacksonville, FL 32207- 8181 with a copy to Principal, Atlantic Beach Elementary School #65, at 298 Sherry Drive, Atlantic Beach, FL 32233. AGENDA ITEM #8C APRIL 10, 2006 Section 7. Amendments. This memorandum may be amended from time to time by written request and agreements of the parties. The City Manager and the Associate Superintendent, Support Operations, are authorized to execute any and all such amendments on behalf of the City and DCSB, respectively. Section 8. Association Use of Property. The City may allow associations, groups or individuals use of the Property for public purposes upon written agreement between City and the association, group or individual, in accordance with the terms and conditions of the Joint Use Agreement. Any such written agreement between the City and the association, group or individuals must be approved by the school principal, or his/her designee. The DCSB may in its sole discretion deny such use. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum on the day and year first above written. Reviewed by: DUVAL COUNTY SCHOOL BOARD Bv: Associate Superintendent, Support Operations By: Principal, Atlantic Beach Elementary #65 CITY OF ATLANTIC BEACH By: City Manager, City of Atlantic Beach General Director, Facilities Maintenance Duval County School Board ATLANTIC BEACH SHINES*** S3NIHS HJV3B OIINV1IV Atlantic Beach Elementary 298 Sherry Drive • Atlantic Beach, Florida 32233 (904) 247-5924 Aliette Register, Principal AGENDA ITEM #8C APRIL 10, 2006 The track will be open to the public after 5 p.m. on Monday through Friday, on week ends, and during the summer when school is not in session. AGENDA ITEM #8C APRIL 10, 2006 r1 titHHi d nc ° 8 )-3' ›- . )-< 2 m oo r s,Y, yr � � o, o licca H )--3. it -t$4,-:4 t -1 -t -1 -<c6) -C )--=14-, 014)Pcc2i z',/,),3 td,i) �rl'� Eect.. CSO �.'td O n �tz r til4 talH Pi '-C H H R° SMMMVId QLIJId DIIWTIUV H o l 1 C)o r tit 0 d p;J H AGENDA ITEM #SC APRIL 10, 2006 6 ® me.lip?!W " 1 -, r g 1< 1 ATLANTIC BEACI-I ELEMENTART SCHOOL SITE IMPROVEMENT PLANS 200 SHERRY DRIVE ATLANTIC BEACH, FLORIDA a as r_,1 o _ gIR c = °? Ix. 140 Z ;�s-"a igz 0 n AGENDA ITEM mC APRIL 10, 2006 A & � 0 ° / £! G 1, ) ; | }ƒ ! |§ | § ° / r . \ :4 I#1 }. .\, 'tia|i ..q (.° -..,.,,s, \ ® \ ` \ / | /., I. 1, A 3 ` A 1‘ >\ , \ ° , ; § \ ! \ ! { E ® E` ` \ i ' \ _ § 6 ! " § § § f : ( . {\ !�� \ ..t a {y : ` �� , . i. . . + w ` . g _ ' ■ �/ f ! , I ' B\� f/ ■ _ , 1 s \2 ` , 2§= / ` �~ • • � § ( '° r ?' \..® !i!iJ §\) 5;.&m 22 %) \ z[ � -'' !| | ( `!/ - +2; ATLANTIC BEACHELEMENTARY w;OOLme_�VE� m PLANS m0� e!� e ATLANTIC ems« FLORIDA ; § d / A m J & ° (§ o6- AGENDA ITEM #8C APRIL 10, 2006 A V —0' ATLANTIC BEACH ELEMENTARY SCI400L SITE IMPROvEMENT PLANS 200 54-IERRY DRIVE ATLANTIC BEACH, FLORIDA AGENDA ITEM #8C APRIL 10, 2006 ATLANTIC BEACH ELEMENTARY SCHOOL SITE IMPROVEMENT PLANS 200 SHERRY DRIVE ATLANTIC BEACH, FLORIDA AGENDA ITEM #8C APRIL 10, 2006 _ n sa c0 .In 63+ e � a O n u C R i i P u !-E a n o 3 n 3 4 O n -U a Q < E E 0 0 3 3 N= Y 5 - ?3 -a. @ � 2 0 FR 0� ?aV _ o v o _ n o2 s13 v§ DA^ P m' a ,�_ L'' o -330 r lP ' 0 11� 0 m ATLANTIC BEACH ELEMENTARY SCHOOL SITE IMPROVEMENT PLANS 200 SHERRY DRIVE ATLANTIC BEACH, FLORIDA THE COM MJSIONING COMMITTEE USS FARRAGUT (DDG 99) March 23, 2006 The Honorable Don Wolfson Mayor of Atlantic Beach 800 Seminole Road Atlantic Beach, Fl. 32233 Dear rolfson: I have the honor o serving on the Commissioning Committee of the USS Farragut, a newly built Destroyer that will be commissioned at Naval Station Mayport and then continue to be home ported here. This will probably be the last ship to be commissioned in our community and the ceremony is both impressive and a significant event. While mostly a "Navy" show, thousands will be invited to attend the ceremony, and there are many aspects to the ceremony that the Navy cannot fund, hence we are part of an effort to help make it a memorable event. We are in process of raising funds of over $100,000 to welcome this magnificent warship to our community. We have had several past Commissionings in the Mayport area and each time the business community, private individuals, the members of the various Navy Leagues plus local governments have stepped up top the plate. We are respectfully requesting that the beach cities join with Jacksonville in assisting with a token amount towards our effort, and towards that end would ask that you request from the Atlantic Beach Commission funds in the amount of $1,000. Corporate and personal donations to date have amounted to about $70,000 towards our goal and we need the help of all to meet our goal. • AGENDA ITEM #8D APRIL 10, 2006 W'th Warm Regards, Manager SHIP'S SPONSOR Honorable Susan M. Collins, US Senate CHAIRMAN EMERITUS Ccptcin Everett R. Pope, USMC, Retired Medal of Honor GENERAL CHAIRMAN VADM James F. Amerautt, USN, Retired HONORARY CHAIRMEN Honorable John Peyton, Mayor of Jacksonville Honorable Ander Crenshaw, US House of Representatives Honorable Jeb Bush, Governor of Florida Honorable Bill Nelson, US Senate Honorable Mel Martinez, US Senate AGENDA ITEM #8D APRIL 10, 2006 LEA THE COMMISSIONING COMMITTEE`,-. USS FARRAGUT(DDG 99) }'t 8 February, 2006 Honorable Don Wolfson 800 Seminole Road Atlantic Beach, FL 32233 Dear Mayor Wolfson: CSC TO: � �r 2 -City CommissioiC YCity Manager J City Attorney LePress cif F' t ,_> Date. ®/ 298 13th Street Atlantic Beach, FL. 32233 904.838.6847 I am writing to announce a unique event upcoming in Jacksonville, Florida and to offer you an opportunity to become an early participant in making this event the best ever of its kind! On 10 June 2006, the'. United States Navy will commission its newest, most modem and most capable Guided Missile Destroyer, USS FARRAGUT (DDG 99), at Naval Station Mayport. The event itself will draw many thousands of attendees, including very senior, high ranking Naval Officers and Department of Defense civilian officials, politicians and corporate presidents and CEOs. The ship's sponsor is Senator Susan M. Collins of Maine. But more important than the weekend visitors are the nearly 400 Officers and enlisted men and women who will man and operate the ship, and who, with their families will make Mayport and the Florida First Coast their home while assigned to FARRAGUT. It is principally for these superb young people that the Mayport Council of the Navy League of the United States, supported by other area Councils, is seeking your assistance in sponsoring the Commissioning, itself a most stirring, patriotic and pageantry -filled event, as well as associated events for the ship's company and families. The Commissioning Committee fully recognizes the severe impact the recent hurricanes have had on our Nation as a whole and that resources are desperately needed to help alleviate the financial needs of those who suffered: We as individuals, and the Navy League as an organization, have also contributed to 'help alleviate the suffering, while noting with pride the extensive role played by our Armed Forces team in responding to the crises. We are asking for your support now in providing an appropriate and memorable welcome to the newest member of the Atlantic Fleet, USS FARRAGUT, and her, crew. I. Thankyou so very much for yoiuir.sii.lpport, and mostimportantly, for your continued- interest in our Sea Services and the personnel w`ho make them .the world's finest! F . I. • Syicerely, i James F. Ameraul VADM, USN (Ret.) Chairman Please make your check payable to NLUS Mayport Council USS Farragut Comm. and mail to John Vargo,' Team Farragut, 13744 Canfield Ct., Jacksonville, FL 32224, in the enclosed envelope. AGENDA ITEM #9A APRIL 10, 2006 April 4, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: City Manager SUBJECT: City Manage 's Report Alleged Violations of Wastewater Treatment Standards at City of Atlantic Beach Plants; A recent article appeared in a local newspaper entitled "Troubled Waters" which listed violations of state and federal standards at area wastewater plants. The story listed both Atlantic Beach plants as having violations in 2004. The point of the article was that local wastewater plants were contributing to the problem of pollution in the St. Johns River. The City of Atlantic Beach did not have any violations of wastewater standards in 2004. The following was submitted by Donna Kaluzniak after checking into what violations were referenced: "Per their report; WWTP1-Chlorine violation, reporting month September 2004, 4,900% over limit. We checked and double checked every day's results for that month and could not find any violation of the chlorine limit. Harry McNally has contacted the DEP's Data Entry Supervisor in Tallahassee, and this is most likely an error when DEP was keying the data for EPA. WWTP2-Total Recoverable Mercury Violation, reporting month November 2004, 420% over limit. We checked the lab report and found the result was below detection limits. The lab reports this as the minimum detection limit with a "U" behind it, meaning undetected. When we filled out the monthly report, we entered the minimum detection limit, but forgot to put the < (less than sign) in front of the number. Since the minimum detection limit is more than the permitted limit, it appeared we had a violation. We are sending DEP an amended report."