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Agenda Packet 3-27-2006 vCity Commission Agenda March 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MARCH 27, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 13, 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 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) 5. Committee Reports None 6. Action on Resolutions A. Resolution 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 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. 1 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 T. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DA 1'h 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 TERM LIMI1'bD MEMBER MAY BE REAPPOIN I ED TO ANY BOARD OR COMMITTEE, ON WHICH HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE DATE. 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. D. Ordinance No. 95-06-91, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAP 1'ER 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 DAIL. 8. Miscellaneous Business A. Request from General Sign Service Corporation on behalf 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) B. Approval of candidates for Board Member Review Committee (City Manager) C. Options to address nonconforming provisions related to residential structures made nonconforming by the proposed Residential Development Standards (City Manager) D. New Parks and Recreation Events planned by Cultural Arts and Recreation Committee(City Manager) E. Staff report on future land use designation for church property in connection with property for Hopkins Creek retention pond (City Manager) F. Communication with citizens about community character project (Mayor Wolfson) 2 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 yourconvenience, 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, March 24, 2006. 3 Attendance MINUTES REGULAR CITY COMMISSION MEETING March 13, 2006 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno 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 Commissioner Fletcher, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed foimer Commissioner Parsons to the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on February 27, 2006. Commissioner Borno requested that a change be made on page nine, Item 7E, second sentence, correcting the mailbox location from "6th Street" to "16th Street". Commissioner Simmons indicated there was a question of redundancy and inaccuracy on page seven. She pointed out that the Amended Motion for Item 7B, with Votes: 4 - Ayes, 1 - Nay, should be corrected from "MOTION FAILED" to read, "MOTION CARR IHD". Commissioner Simmons also questioned if both of the last two motions listed for Item 7B were necessary or, if not, which one was correct. Mayor Wolfson asked the City Clerk to listen to the recording of the meeting and review this portion of the minutes accordingly. City Clerk Bussey noted that the correct settlement agreement for Item 8E was not included in the agenda packet and therefore she asked that the minutes be changed to include this agreement in the record. She requested that, on page four after the second sentence in the second paragraph, ending with "... the settlement is before you to consider", the following wording be added: "which is attached and made part of this official record as Attachment B." Motion: Approve the minutes of the Regular Commission Meeting on February 27, 2006 as amended. March 13, 2006 REGULAR COMMISSION MEETING Page 2 Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Adelaide Kirkpatrick, 1242 Beach Avenue, asked that the Commission reconsider their decision to remove the sidewalk in front of her house. For the safety of children and adults, she asked that the sidewalk be repaired so that it can be better utilized by all. Brian Platock, 1640 Beach Avenue, addressed the issue of impervious surface as it relates to swimming pools. He discussed the new zoning standards and regulations being proposed and asked if there would be any grandfathering mechanism for nonconforming structures. Mr. Platock opposed the new standards and believed they would have a negative effect on real estate and property values. Bob Parrish, 1731 Beach Avenue, stated his opposition to the new residential standards ordinance being proposed and noted that he and other property owners hope to stop the ordinance from moving forward due to its effects on property rights and values. He also discussed the Winter and Company study and disputed the empirical findings of it. He asked the Commission to provide the public with the facts behind its decisions and to answer many questions the public has regarding the effects of these proposed standards. DeJean Melancon, 675 Beach Avenue, discussed the recently held Community Character Workshops. He suggested that the City create an FAQ section on the webpage so that citizens can view questions and responses that have already been addressed in the workshops. He believed that Item 7A, addressing part of the impervious surface issue, should not be voted on tonight but should be part of the Community Character discussions and decisions. Michael Hoffmann, 176 Camelia Street, had two suggestions for the City Parks and Recreation department. He recommended they extend the hours for supervisory personnel in parks in order to have the parks remain open until 9:00 or 10:00 p.m. Mr. Hoffman discussed the potential benefits this could bring to the low income areas and the safety of children. He recommended the City employ young adults from the beaches area to fill these extra positions in the parks. His second suggestion was that the City purchase land in the Marsh Oaks neighborhood to create a park area comparable to Russell Park. March 13, 2006 REGULAR COMMISSION MEETING Page 3 Pat Pillmore, 995 Camelia Street, discussed ways to create a cut in a busy road that is safe for cars to sit and wait on traffic. She asked for a 35 mph speed limit on Mayport Road and for a pedestrian crossing sign to be placed at the Plaza intersection soon, rather than waiting until Mayport Road is redesigned. Dorothy Kerber, 365 First Street, requested that the Commission consider restriping the west side of Sherry Drive so that children have an area to ride bikes or walk from the Five Points Intersection to the school. Sally Clemens, 1638 Park Terrace West, supported drilling for oil off the coast of Florida. Stephen Kuti, 1132 Linkside Drive, stated that he contacted the State Attorney General's office for clarification on the procedures for petitioning for an amendment to the City Charter. He questioned if the petition needed 10% or 25% of the citizens' signatures. Mr. Kuti indicated that the Attorney General's office provided three legal opinions stating that the petition needs only 10% of the registered voters' signatures and referred him to Florida Statute Section 166.031. He asked for a correct answer from the Commission. Mayor Wolfson responded that the City Attorney had provided an opinion and asked Mr. Jensen to clarify his response. City Attorney Jensen explained that amendments to the City Charter are controlled by State Statute, Chapter 166, which requires 10% of the citizens' signatures on a petition. The City Charter requires 25% of the voters' signatures on a petition in order to introduce a new ordinance or to overturn an ordinance adopted by the Commission. Lindley Tolbert, 334 Sixth Street, addressed the issue of impervious surface as it relates to swimming pools. She asked for an explanation of why changes to the definition are being proposed. She stated the St. Johns Water Management District rates pools as 0% impervious, and discussed the effects on property owners if this definition was changed. Ms. Tolbert also believed that the administrative approval of lot divisions should remain with City staff, as recommended by the Community Development Board. She spoke against politicizing the approval process for lot division. David Johnston, 2207 Alicia Lane, expressed his concerns with the draft ordinance to amend Section 24-172. He suggested that the City define the term "traditional neighborhood", that they address the issue of reconstruction after a disaster, and that they consider the potential adverse effects on property values. Mayor Wolfson proceeded to address the questions and concerns raised by the citizens. He explained that the Winter and Company study was a long process begun by the previous Commission but that there are many opportunities for citizens to participate and have open dialog regarding the March 13, 2006 REGULAR COMMISSION MEETING Page 4 issues. He responded to citizen concerns with the ability to reconstruct on their property after a catastrophic event by pointing out that guidelines for rebuilding are already provided in the City's Code. He indicated that no decisions have been made yet and that all public input is important and is being studied and evaluated at this time. He welcomed and encouraged citizens to participate and contact the Commissioners to express any concerns. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Consent Agenda A. City Manager's Follow-up Report. City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment A. His follow-up report addressed the Fitzgerald request for a waiver to on-site retention requirements and complaints about mulch piles and junk cars on Park Street. 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report for February and Report of New Occupational Licenses issued in February (City Manager) B. Award a contract for Design/Construction for Wooden Bridge for the Plaza Drive Bike Path (Bid No. 0506-6) to A -One Dock Builders in the amount of $17,158.00, authorizing the City Manager to execute the agreement for construction services on the City's behalf (City Manager) C. Award the contract for Water Main Improvements at Sailfish and Plaza (Bid No. 0506-3) to Gruhn May, Inc. in the amount of $65,219 and authorize the City Manager to sign the contract (City Manager) D. Reject all bids for the Frances, Royal Palms and Sailfish sidewalk extension project (Bid No. 0506-4) and use the Annual Concrete Repairs Contractor, Gruhn May, for the construction (City Manager) E. Award the contract for Repair and Painting of Elevated Tank at Water Plant #1 (Bid No. 0506-5) to Worth Contracting in the amount of $85,690 and authorize the City Manager to sign the contract (City Manager) F. Award the bid for Ditch Spraying and Maintenance (Bid No. 0506-8) to Bluewater Environmental as the lowest bidder with a complete bid package (City Manager) Motion: Approve Consent Agenda as presented. March 13, 2006 REGULAR COMMISSION MEETING Page 5 Moved by Waters, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-188, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE (related to the use of pavers, pervious concrete or open grid paving systems) Mayor Wolfson opened the floor to a public hearing. Pat Pillmore, 995 Camelia Street, mentioned that there has been considerable improvement in the types of pavers since the issue was first addressed. There were no further comments and the Mayor closed the public hearing. Motion: To approve Ordinance No. 90-06-188 on final reading. Commissioner Borno, in response to citizens' concerns and questions, read some pertinent excerpts from the ordinance in order to clarify the issue. He explained the importance of not exceeding the limits for stormwater retention and runoff and indicated that this is the purpose of the ordinance being proposed. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: .0 MOTION CARRIED March 13, 2006 REGULAR COMMISSION MEETING Page 6 B. Ordinance No. 20-06-75, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson opened the floor to a public hearing. There were no public comments and the Mayor closed the public hearing. Motion: To approve Ordinance No. 20-06-75 on final reading. Mayor Wolfson asked if the design given in the agenda packet was the most recent one. Rick Carper, Public Works Director, noted that a modified version was distributed with the first reading of the ordinance. This document is attached and made part of this official record as Attachment B. Commissioner Fletcher stated he was still opposed to the proposal due to concerns with safety, cost, and location. Mayor Wolfson concurred with Commissioner Fletcher. Moved by Simmons, seconded by Borno Votes: Aye: 3 - Borno, Simmons, Waters, Nay: 2 - Fletcher, Wolfson MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request for Commission Direction with respect to revision of the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to the designation of swimming pools as pervious area (City Manager) Rick Carper, Public Works Director, reviewed the information given in the staff report. He indicated that his research did not find any instance of the St. Johns Water Management District addressing the impervious surface of residential swimming pools. Mr. Carper reviewed a table that compared the impact of different percentages of impervious surface as applied to swimming pools. This document is attached and made part of the official record as Attachment C. Mayor Wolfson discussed his concerns with any potential adverse impact on stormwater drainage or on the percolating effect of land. He asked if Mr. Carper had any concerns regarding the issue of recharge. Mr. Carper indicated that, in general, this was not a major concern because the sandy quality of the land allows water to be easily absorbed. March 13, 2006 REGULAR COMMISSION MEETING Page 7 The Mayor and Mr. Carper discussed a pool's ability to serve as a type of retention structure in general and specifically in the event of 9.3 inches of water during a 25 -year storm. Commissioner Simmons supported the explanation and recommendation for designating swimming pools as 60% pervious, but noted this differed from the Community Development Board's recommendation. Conversation ensued regarding the discussions and decision of the CD Board. Commissioner Fletcher spoke in favor of the 60% pervious designation and Commissioner Borno also agreed. It was the consensus of the Commission to move forward with staff's recommendation to prepare a draft modifying the Land Development Regulations Section 24-17 to define swimming pools as 60% pervious. B. Proposed Term Limits for Board and Committee Members (City Manager) City Manager Hanson reviewed his staff report on this item and noted that currently there were no guidelines in the City Code for the reappointment of board or committee members after their term limits have expired. He explained that the draft ordinance presented in the staff report would require a member to sit out at least one term before being eligible for reappointment. In response to citizen concerns, the Mayor clarified that this item has no affect on the term limits of the Commission or the Mayor, but only applies to members of the City boards or committees. Mayor Wolfson explained the importance of requiring a break after a member's term has expired in order to give others the opportunity to serve on the boards. Commissioner Borno agreed and requested that the Commission be given a document that summarizes the terms of each board and committee. He suggested that the required time gap correspond with the number of years in that board's term. The Commissioners debated what amount of time would be most appropriate to require to elapse in between term limits. Mayor Wolfson asked each Commissioner for their preference on a proposed time gap. Commissioners Borno and Simmons supported a gap equal to the number of years of that board's term. The Mayor and Commissioners Fletcher and Waters supported a one year time gap. It was the consensus of the Commission to ask staff to revise the draft ordinance based on a one year gap in between term limits and bring it back March 13, 2006 REGULAR COMMISSION MEETING Page 8 to the Commission. Commissioner Borno asked that the summary of each board and committee's term limits be included with the revised draft. C. Request from Charles and Dianne Drysdale for a Waiver from Section 24-151 (b) ii of the Land Development Regulations (Accessory Uses and Structures regulations) to allow play equipment in the front yard within a residential Zoning District for property located at 2051 Seminole Road (City Manager) Rick Carper, Director of Public Works, displayed photos of the property and summarized the rules and specific circumstances relating to this item. Mayor Wolfson asked the applicant to address the Commission. Charles Drysdale, 2051 Seminole Road, admitted the violation was a result of his ignorance of the Code. He explained that he has three children and that the structure was recommended by an occupational therapist as an important tool to assist with the development of one of his children. Mayor Wolfson asked for any public comments. There were none. The Commission discussed adding a twelve-year time limit to the applicant's waiver in order to grant the exception on a temporary basis. Motion: To approve the waiver as requested. Moved by Borno, seconded by Waters Amendment to the Motion: To amend the original request by adding a twelve-year time limit to the waiver. Moved by Wolfson, seconded by Waters Votes: Aye: 3 - Fletcher, Waters, Wolfson Nay: 2 - Borno, Simmons MOTION CARRIED Motion: To approve the amended motion. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Appointments to the Board Member Review Committee (City Manager) City Manager March 13, 2006 REGULAR COMMISSION MEETING Page 9 City Manager Hanson indicated that, based on the amendments made to the enabling legislation of the Board Member Review Committee, three appointments needed to be made before the Committee could resume its functions. He explained that one appointment would be from the City Commission and the other two would be citizens. Mayor Wolfson recommended that Glen Fisher and Casey Quinif be appointed as the citizen members and that Commissioner Waters be appointed to chair the Committee. He commended Commissioner Simmons on her excellent service to the Committee during its initial year. The Commission discussed the need to review qualifications of the nominated members before voting on them. They asked that this item be placed on the next agenda along with the resumes and board application forms for each nominee. It was agreed that the Board Member Review Committee would hold its next meeting the following month. E. Oil drilling resolution (Mayor) The Commission discussed the letter sent to Governor Bush from Sarasota County expressing concern regarding plans for offshore drilling in Florida waters. The letter supported the "Permanent Protection for Florida Act of 2006", a bill introduced by Senators Martinez and Nelson and prohibiting offshore drilling on the outer continental shelf off Florida. Motion: To draft a resolution supporting Senators Martinez and Nelson's bill, known as the "Permanent Protection for Florida Act of 2006", to permanently prohibit offshore drilling on the outer continental shelf off the State of Florida, including Lease Sale Area 181. City Attorney Jensen asked if the Commission would like to read a copy of the bill supported by the draft resolution. Both Commissioner Simmons and Commissioner Borno requested that a copy of the bill be provided with the draft resolution. Moved by Fletcher, seconded by Waters Votes: Aye: 4 - Fletcher, Simmons, Waters, Wolfson Nay: 1 - Borno MOTION CARRIED 9. City Manager A. City Manager's Report There was no written report, however the City Manager discussed the following topics: Reports/Requests City Commissioners City Attorney March 13, 2006 REGULAR COMMISSION MEETING Page 10 Community Development Block Grant funds The City Manager discussed the issue of affordable housing at the beach and a recent request for help from the Beaches Housing Coalition. He indicated that the City expects an excess balance of $80,000 in the septic -to - sewer conversion category and suggested that the funds could be used to assist the affordable housing issue. He reported that staff research proposed allocating $50,000 for water and sewer extension for Sawgrass Chapel, a Beaches Habitat project that is just outside City limits, but within the City's water and sewer territory. He stated that staff proposed using the remaining $30,000 to add a sidewalk and driveways on the right-of-way on Jordan Street. He indicated that both proposals are permissible uses for the funds and do not require a budget amendment from the Commission. Commissioner Waters questioned using the funds for a project outside of the City limits and believed that the money should first be applied towards Atlantic Beach citizens who qualify for assistance with the septic -to -sewer conversion. The City Manager explained that many citizens were waiting until the deadline in 2011 to follow-through with their sewer conversion. Commissioner Borno suggested including the parameters of eligibility for homeowner assistance in the next advertisement of available funds. Next fiscal year Block Grant funds City Manager Hanson reported that it was time to submit paperwork to the City of Jacksonville for next fiscal year's block grant funds. He proposed that the City submit $20,000 for next year's septic -to -sewer conversions and about $150,000 designated for water and sewer extension. Emergency Repair to Lift Station The City Manager informed the Commission that there were serious electrical problems at the Mimosa Cove lift station and that the City's annual electrical contractor was authorized to make repairs. He notified the Commission that the repairs will cost over $10,000 but Commission approval was not necessary since it was an emergency. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno ❖ Expressed his opinions regarding the TMDL report for nutrients in the St. Johns River. Commissioner Simmons ❖ Discussed the phone call she received from Adelaide Kirkpatrick and noted that there was conflicting infolination received from the neighborhood poll regarding removing the sidewalk on Beach Avenue. She asked that staff reach out and poll each person on that March 13, 2006 REGULAR COMMISSION MEETING Page 11 block regarding the issue and then bring the results back for the Commission to reconsider at the next meeting. Commissioner Waters ❖ Commented on the phone call he received from Adelaide Kirkpatrick and stated his opposition to removing sidewalks anywhere in the City. • Discussed a request from a mother who lives on 20th Street and who would like a sign place on that street advising traffic to slow down due to children in the area. He suggested experimenting with using the back of signs already placed on the shorter streets. Chief Thompson responded that he had discussed this with the City Manager and that they intend to place a sign as requested, and will gather information regarding the amount of traffic and the speed of the vehicles in that area. ❖ Reiterated DeJean Melancon's request for FAQs to be published and asked the City Manager to look into pursuing this idea. ❖ Addressed the grandfathering issue of reconstruction brought up by Mr. Johnston. He suggested the Commission determine and discuss the adverse economical effects, the guarantees available to folks who might be grandfathered in, and any possible remedies. He suggested protecting some of the building designs that might currently violate the code but which do not abuse the law and have become part of the City's ambiance and character. Mayor Wolfson ❖ Enthusiastically described his experience of flying out to an aircraft carrier last weekend at the invitation of the Mayport naval base commander. A. Discussion of Administrative Approval of Lot Subdivisions (Mayor Wolfson) The Mayor introduced this item and indicated that there has been much overreaction and misinterpretation regarding the issue. He read aloud the background inforiniation given in the staff report submitted by Sonya Doerr, for the December 12, 2005 Commission meeting. Mayor Wolfson stressed his opposition to politicizing responsibilities such as this approval process. He referred the Commission to his written recommendation on this item, which is attached and made part of this official record as Attachment D. He stated that his recommendation was that a two -lot division would no longer be exempt from the full re -plat process and that approval by the City Commission would be required after following the same steps as set forth in Section 24-63 when considering a request for a Use -By -Exception by the Development Board and by the Commission. He clarified that the request would first go before the March 13, 2006 REGULAR COMMISSION MEETING Page 12 Community Development Board and then be forwarded to the Commission, with the CD Board's recommendation, for a public hearing and decision. He made it clear that he strongly opposed the City Commission making this type of decision without the input from the Community Development Board. The Mayor further clarified that his recommendation was made in order to provide a better system of checks and balances by removing the approval process from resting solely with one individual staff member. Mayor Wolfson brought up the issue of restrictive covenants and read excerpts from the restrictive agreement for Selva Marina Unit No. 5. He reported that, in a meeting with the City Manager and City Attorney, the Mayor asked that they research the restrictive agreements for all the Selva Marina subdivisions. He discussed the findings of this research and pointed out that Units 1 and 2 did not have automatic renewal of the covenants. Commissioner Borno discussed the importance of establishing clear and specific guidelines in the City's ordinances, land development regulations, and Comprehensive Plan. He indicated there would be no need for requests to come before the Commission if they were all reviewed by the Community Development Board and required to follow the same guidelines with no exceptions granted. Commissioner Borno discussed the issue of automatic rollover of restrictive covenants. He asked for further research into the Florida Statutes to determine if restrictive covenants expire, based upon their age. Commissioner Borno also questioned and discussed the justification of establishing the new Residential Single -Family Large Lot zoning district. Commissioner Waters expressed his opposition to subdividing lots differently than the original intent of the established neighborhood's covenants. He concurred with the Mayor's recommendation to address these requests publicly through the Community Development Board and then through the Commission. Commissioner Fletcher agreed with the need for checks and balances for this process and supported putting these decisions in the public arena. Mayor Wolfson asked when the process for the subdivision of lots was last changed. The City Manager responded that the City has always allowed administrative approval of two -lot divisions. He pointed out that before 2002, there was no requirement to even notify the Commission of the administrative approvals of two -lot subdivisions. Mayor Wolfson asked that a draft revision be brought back to the Commission and then sent to the Community Development Board for their recommendation and input. March 13, 2006 REGULAR COMMISSION MEETING Page 13 ❖ Discussed the Neighbor -to -Neighbor beachside chats and noted the four areas for conducting these discussions: Jordan Park, Donner Park, Adele Grage Community Center, and Oceanside Church of Christ. He asked each Commissioner to chair a meeting in one of the locations. The Commissioners agreed to the following arrangement: Commissioner Waters — Donner Park; Commissioner Simmons — Adele Grage; Commissioner Borno — Oceanside Church; Commissioner Fletcher — Jordan Park. City Attorney Jensen reminded the Commission to follow all the requirements of Florida's Sunshine Law if two or more commissioners will be attending the Beachside Chats. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:52pm Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk AGENDA ITEM #4A MARCH 27, 2006 City of Atlantic Beach, FI. Water Sales Utility Sales Report February 2006 February 2005 Gallons Actual Revenue Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gi Accounts (000) Revenue Per 1,000 gl Atlantic Beach Buccaneer Total Water Sales 5,555 41,184 $96,765 $2.35 5,494 41,593 $89,139 $2.14 2,676 26,139 $69,361 $2.65 2,675 27,168 $66,149 $2.43 Water Plant Production 8,231 67,323 $166,126 $2.47 8,169 68,761 $155,288 $2.26 Atlantic Beach Buccaneer Total Production Total Water Billed Water Loss for month: Percentage Loss Total 12 mo. Avg. Loss Sewer Sales Gallons (000) 45,175 19,381 64,556 67,323 (2,767) -4.29% 9.17% Gallons (000) 52,103 21,505 73,608 68,761 4,847 6.58% 11.92% Gallons Actual Revenue Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 gl Atlantic Beach 5,029 34,537 $156,787 4.54 4,946 33,773 $148,084 4.38 Buccaneer 2,558 25,298 $137,594 5.44 2,559 25,404 $131,658 5.18 Total Sewer Sales 7,587 59,835 $294,382 $4.92 7,505 59,177 $279,742 $4.73 Sewer Treatment Millions of Gallons Rev. per 1,000 Gallons 62.37 68.13 $4.72 $4.11 AGENDA ITEM #4A MARCH 27, 2006 City of Atlantic Beach FINANCIAL REPORT FEBRUARY 2006 Cash Balances Fund(s) General Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Cent Sales Tax Police Training, Forfeit, etc. Grants Debt Service Utility Sanitation Storm Water Pension - Police Pension - General Total Total Restricted Cash Total Unrestricted Cash Prior 01/31/06 $6,340,274 30,978 158,716 403,514 1,022,488 5,224 (20,553) 38,896 3,568,930 544,741 2,971,542 19,609 5,147 $15,089,506 Current 02/28/06 $6,355,404 30,978 164,290 420,219 930,967 567 (28,616) 44,864 3,593,185 546,670 2,950,422 15,525 27,721 $15,052,196 $6,542,863 $8,509,333 Dollar Change $15,130 0 5,574 16,705 (91,521) (4,657) (8,063) 5,968 24,255 1,929 (21,120) (4,084) 22,574 ($37,310) Cash and Investments Account Bank of America - Depository SBA Cash on Hand Subtotal Suntrust-Pension-Police Merrill Lynch -Pension -Police Suntrust-Pension-General Merrill Lynch -Pension -General Subtotal Prior 1/31/06 Current 2/28/06 $110,200 $251,995 14,976,756 14,797,651 2,550 2,550 15,089,506 15,052,196 4,313,077 4,318,580 586,278 580,897 5,975,194 5,981,839 1,244,011 1,232,593 12,118, 560 12,113, 909 Total $27,208,066 $27,166,105 (1) FYTD rate of return through 12/31/05 Dollar Rate of Change Return % $141,795 (179,105) 0 (37,310) 5,503 (5,381) 6,645 (11,418) (4,651) ($41,961) 3.47 4.56 2.00 (1) 7.10 (1) 1.90 (1) 7.10 (1) City of Atlantic Beach FINANCIAL REPORT FEBRUARY 2006 Revenues AGENDA ITEM #4A MARCH 27, 2006 Fund / (Footnote) Annual Estimate YTD - 42% of Estimate YTD Actual Dollar Variance Percent Variance General (1) Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Ct Sales Tax Police Training, Forfeit, etc. Grants (2) Debt Service Utility Sanitation Storm Water (3) Pension - Police Pension - General (4) Total $9,951,978 0 128,000 564,042 702,336 31,800 447,833 71,100 6,623,534 1,362,300 1,067,868 702,355 1,015,029 $22,668,175 $4,149,975 0 53,376 235,206 292,874 13,260 186,746 29,649 2,762,013 568,079 445,301 292,882 423,267 $9,452,628 $6,000,903 0 32,977 230,319 323,944 4,898 69,776 30,104 2,633,809 544,751 310,582 325,265 571,488 $11,078,816 $1,850,928 44.60% 0 100.00% (20,399) -38.22% (4,887) -2.08% 31,070 10.61% (8,362) -63.06% (116,970) -62.64% 455 t53% (128,204) -4.64% (23,328) -4.11% (134,719) -30.25% 32,383 11.06% 148,221 35.02% $1,626,188 Analysis of Major Variances (1) The $1,850,928 positive variance in the General Fund resulted from having received 90.1% of the year's budgeted property taxes by February, 2006. Typically the majority of these taxes are received from the City of Jacksonville in December & January. (2) The $116,970 negative variance in the Grant Funds resulted from either items not having been purchased or reimbursement requests not having been filed as of February 28, 2006. (3) The $134,719 negative variance in the Stormwater Fund resulted from the award of a grant in fiscal year 2006 that has not been received. (4) The $148,221 positive variance in the General Employee Pension Fund resulted from changes in the market values of the investments. City of Atlantic Beach FINANCIAL REPORT FEBRUARY 2006 Expenses AGENDA ITEM #4A MARCH 27, 2006 Annual YTD - 42% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $45,938 $19,156 $19,692 ($536) -2.80% City Administration 2,122,737 885,182 799,831 85,351 9.64% General Government (1) 2,223,615 927,247 640,141 287,106 30.96% Planning and Building (2) 651,118 271,516 185,970 85,546 31.51% Public Safety (3) 4,714,649 1,966,009 1,441,045 524,964 26.70% Parks and Recreation 1,023,072 426,621 386,222 40,399 9.47% Public Works (4) 6,230,758 2,598,225 1,793,391 804,834 30.98% Public Utilities 7,115,581 2,967,197 2,966,730 467 0.02% Pension - Police 400,936 167,190 160,385 6,805 4.07% Pension - General 405,798 169,218 157,290 11,928 7.05% Total $24,934,202 $10,397,561 $8,550,697 $1,846,864 Annual YTD - 42% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services $7,909,947 $3,298,447 $2,847,864 $450,583 13.66% Operating Expenses (2) - (4) 9,537,621 3,977,188 3,109,790 867,398 21.81% Capital Outlay (1) & (4) 5,019,321 2,093,057 1,007,864 1,085,193 51.85% Debt Service (5) 1,678,236 699,824 1,256,397 (556,573) -79.53% Transfers 789,077 329,045 328,782 263 0.08% Total $24,934,202 $10,397,561 $8,550,697 $1,846,864 Analysis of Major Variances (1) The positive variance in the General Government departments resulted from not having begun the various budgeted projects - see the Project Activity Schedule. (2) The positive variance in the Planning & Building departments resulted from no monies being expended in the Community Development Block Grant or the Tree Replacement Fund as of February 28, 2006. (3) The positive variance in the Public Safety department is due to the payment for the City of Jacksonville fire contract being paid quarterly, the lifeguard expenses being seasonal and no expenditures in some of the grants. (4) The majority of the positive variance in the Public Works department resulted from not having begun the various budgeted projects - see the Project Activity Schedule. Also, the waste management contract and First Vehicle are not billed and paid until the month after the services are provided. (5) The negative variance in the Debt Service departments resulted from the October payment of principal and interest on the Utility Revenue Bonds. City of Atlantic Beach FINANCIAL REPORT FEBRUARY 2006 Project Activity - Current Year Activity Only AGENDA ITEM #4A MARCH 27, 2006 Project Name Project Number YTD YTD YTD Budget Actual Balance Status General Government: City Hall Expansion Parks and Recreation: Beautification Subtotal Subtotal GG0402 PRO601 $2,816 $0 $2,816 C 2,816 0 2,816 45,000 0 45,000 45,000 0 45,000 Public Safety Police Building Renovations PS0504 475,000 2,570 472,430 D Homeland Security Items PS0601 138,000 0 138,000 Subtotal 613,000 2,570 610,430 Public Works: Plaza Entrance/Post Office PW0305 55,080 54,687 393 I Hopkins Creek Basin Pond PW0309 1,301,500 0 1,301,500 E Mayport Road Medians PW0401 346,858 0 346,858 E Welcome Sign and Landscaping PW0405 78,000 52 77,948 I Ocean/13th - Coast Drive/12th PW0409 141,816 3,063 138,753 I Five Points Intersection Improvement PW0502 346,643 305,416 41,227 I Sidewalks - New PW0503 26,175 26,175 0 C Plaza Drive Phase 2 Pedestrian Path PW0504 30,000 19,616 10,384 I Sidewalks - Replacements PW0505 10,752 5,864 4,888 I Seminole Ditch Headwall PW0507 12,974 12,974 0 C Pathway - Plaza (West of Mayport Road) PW0508 27,144 27,144 0 C Concrete Floor for Shed PW0601 8,800 8,800 0 C Medians Rehab - Atlantic Boulevard PW0602 20,000 0 20,000 Roll Off Concrete Pads PW0603 10,000 0 10,000 Sidewalks & Curbs PW0604 50,000 3,592 46,408 I Paving of City Hall Parking Lot PW0605 84,000 0 84,000 Pathways PW0606 149,000 0 149,000 Sidewalks - Sailfish,Royal Palm & Frances PW0607 90,800 446 90,354 E Selva Tierra Ditch Improvements PW0608 25,954 0 25,954 I Pathway -Seminole Road Phase 1 PW0609 63,000 62,973 27 I Pathway - Seminole Road Phase 2 PW0610 55,152 43,122 12,030 I Subtotal 2,933,648 573,924 2,359,724 Public Utilities: Security Upgrade/Water Plants PU0305 2,485 2,485 0 C Headwork Improvements at WWTP2 PU0310 52,027 52,027 0 C Water Line at 10th Street & Beach Avenue PU0503 97,776 83,446 14,330 I Mayport Road Sewer Crossing PU0504 50,000 0 50,000 Fence Replacement at Water Plant 1 PU0601 70,000 0 70,000 Water Main at Sailfish Drive & Plaza PU0602 65,294 484 64,810 E Sewer Crossing Ditch at Palm Landing PU0603 30,000 0 30,000 Genset at Lift Station B PU0604 44,650 0 44,650 I Clarifier Rehabilitation PU0605 100,000 0 100,000 Fence Replacement at WWTP 1 PU0606 15,000 0 15,000 Sludge Container Refurbishment PU0607 15,000 0 15,000 Subtotal 542,232 138,442 403,790 Status Key B - Bid Awarded C - Project Completed D - Design Completed Total $4,136,696 $714,936 $3,421,760 E - Design Phase I - Project In -progress R - Re -budget Next Fiscal Year AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: STAFF REPORT City of Atlantic Beach Commission Meeting Bid Award for Fire Department Bay Doors March 13, 2006 David E. Thompson, Chief of Police/DPS AGENDA ITEM #4B MARCH 27, 2006 The doors to the fire bays have been deteriorating for a number of years. The panels in the doors are standard glass (not safety glass), which makes them very heavy and very hazardous in the event that they are broken. There have been several incidents in the past when the glass panels have shattered, and blown glass fragments all over the fire bays. Last year, one of the cables to one of the doors broke, and the door crashed to the ground. Broken glass covered everything in the fire bay area. The City had the doors evaluated, and the recommendation from the professional door companies was to replace the doors. The doors are approximately 18-19 years old, and the mechanical systems are wearing out. The doors are very heavy, and they create a significant hazard for the people working around them. Staff Members (Administrative Assistant Laurie Scott) established specifications after receiving input from fire and police officials. The new doors will be similar in appearance to the existing doors, but they will contain clear Lexan panels which are lighter and safer than standard glass. The specifications were advertised, and the low bidder was Vigneaux. This company currently has contracts with Jacksonville Fire and Rescue, and the references indicated that they do an adequate job. BUDGET: $35,000 was allocated in the 2005-06 budget for this expense. RECOMMENDATIONS: To award the bid for the replacement of the Fire Bay doors to Vigneau in that amount of $21,105.00. ATTACHMENTS: Replacement of Fire Bay Door Summary Bid Sheet REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: z 0 F-' 1- Q • < W OCD - O cv Z cci U 1.1. X 2 O LI: i LL- 1— L1- O U 1- z W 2 W a. U W :lD #0506-10 Vigneaux X X X X X X X 0 0 0 0 O 0 0 0 o 0 O CO 0 0 do ) O E $3,105.001 D D in D T- V' - Overhead Door Com •an X Bid Form Only X X X X X $8,933.33 $26,799.99 0 O o 0 O e- V* 0 0 o 0 O rs &9 0) am Qi O h ai N 40 American Roll -app Door Com a an C X X X X Xv °X 0 ® 00 0 0 6001.0e 08 t 6••=. 64 ii3 etl 0 O r e3 0 6 CD ( Err O O nt 6C C•1 Required Documents a) a3 0 .--E a) 0 C a t7 .6 0 — -- Submission in Triplicate Signed Coov of Document Requirements Checklist U1 0 c_ 0) 0) - 0U ) 1 Proof of Current. applicable Occupational License Statement on Public Entity Crimes Drug Free Workplace Form 1. Price per Door Total Price of Doors (Item #1 X 3) 2. Price per Operators Total Price of Operators (Item #2 X 3) TOTAL BID PRICE FOR DOORS AND OPERATORS AGENDA ITEM #4B MARCH 27, 2006 Bid award based on Department Analysis and Commission Approval AGENDA ITEM #4C MARCH 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Rejection of Bids for the Resurfacing Project (Bid No. 0506-7) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 23, 2006 BACKGROUND: The bid opening for the FY 2006 Resurfacing Project occurred on March 1, 2006. Four bids were received. No bids werewithinbudget, with ONAS Corporation submitting the low bid of $382,166.40. ($328,904.40 for street resurfacing and $53,262.00 for resurfacing the City Hall parking lot). Discussions with contractors, one who submitted a bid and one who did not, indicated high asphalt prices, tight loading / scheduling of contractor assets and concern for a lack of specifics with respect to base repair as causes for the high prices. BUDGET: This project is funded from the Gas Tax Account 130-5002-541-3400 (PW0607) - current budget $190,000, plus $84,000 for resurfacing the Parking Lot. RECOMMENDATION: Staff recommends rejecting all bids for this project, and rebidding the project, modifying the bid package to remove the requirement for base repair as a part of the resurfacing and specifying a time window that allows contractors more flexibility in scheduling the work, while still completing the project by September 30, 2006. Staff proposes to do base repair when deemed necessary using City Forces, with contractor support. ATTACHMENTS: Bid Tabulation REVIEWED BY CITY MANAGER: 1 BID #0506-7 X X X X X X X X O O) co co N En 0 N C1� N O N d? Bid Form Only X X X X X X x 0 0 0 O Cn rn 03 co Ef} 0 o 0 O m ti vi O 0 0 r X x x X X X X X O O M co co Cr1 CA O O CD (D O O Cs 49- co f) O 03 N Vi Bid Form Only X X X CO N CT) CD N C0 CD 61 Required Documents Submission in Triplicate Bid Bond in the Amount of 5% Original Insurance Certificate Three (3) References Proof of Occupational License Signed Copy of Document Requirements Checklist Public Entity Crime Statement Drug Free Workplace Form Total of Items 4.1-4.12 (Milling & Paving) Additive Alternate Bid #1 Additive Alternate Bid #2 O O 0 O O 0 0 O N N 0 0 �r 69 N (D 1.6 03 4.1 to 4.12 plus parking lot resurfacing AGENDA ITEM #4C MARCH 27, 2006 Award of Bid based on Department Analysis and Commission Approval AGENDA ITEM #6A MARCH 27, 2006 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Resolution for Emergency Communications Operators DATE: March 13, 2006 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: April 9-15, 2006 has been designated National Emergency Communications Week. The Department of Public Safety would like for the City Commission to recognize the critical services that are provided by Atlantic Beach Emergency Communications Operators 365 days per year, 24 hours per day. The work is very stressful, and the shifts are out of step with the rest of the world. Yet, we have outstanding, dedicated professionals who fill this niche and assure the highest levels of service to citizens of the City of Atlantic Beach. The attached resolution provides an opportunity for the City Officials to show their appreciation for the Emergency Communications Operators and the support staff that keeps them operational. BUDGET: None RECOMMENDATIONS: To approve the attached resolution for National Emergency Communications Week. ATTACHMENTS: Proposed Resolution REVIEWED BY CITY MANAGER: AGE ► A ITEM NUMBER: AGENDA ITEM #6A MARCH 27, 2006 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 Whereas, when a emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and Whereas, Emergency Communications Operators are often the first and most critical contact our citizens have with emergency services; and Whereas, Emergency Communications Operators are the lifeline for our police officers, who are dependent upon the quality and accuracy of information obtained from citizens who call to report emergencies; and Whereas, Emergency Communications Operators have contributed substantially to the health and safety of the citizens of the City of Atlantic Beach through timely response, accurate dissemination of information and the coordination of emergency resources; and Whereas, These actions have resulted in the apprehension of criminals, suppression of fires and treatment of patients; and Whereas, each Emergency Communications Operator has exhibited diligence, compassion, and professionalism during the performance of their jobs in the past year; and Now therefore be it resolved, that the City of Atlantic Beach, Florida City Commission declares the week of April 9th through 15th, 2006 to be National Emergency Communications Week in Atlantic Beach, to recognize the Emergency Communications Operators of the City of Atlantic Beach. Presented in recognition of the men and women whose diligence and dedication keep our city and our citizens safe. IN WITNESS WHEREOF, we have hereunto set our hands and caused the official seal of the City of Atlantic Beach, Florida to be affixed on this day of 2006. ATTEST: DONNA BUSSEY DONALD M. WOLFSON City Clerk Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #6B MARCH 27, 2006 RESOLUTION NO. 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. WHEREAS, for many years the State of Florida has been under pressure to support initiatives designed to allow offshore drilling off the coast of Florida in the Gulf of Mexico, and WHEREAS, although these efforts have been previously defeated, the United States Congress is again considering whether such drilling should occur adjacent to the State of Florida, and WHEREAS, the Department of the Interior has prepared the 2007-2012 Offshore Drilling Plan for the Gulf of Mexico that includes a proposal to give the State of Louisiana the authority over portions of Florida waters, and that if the plan to grant authority over Lease Sale Area 181 to Louisiana is approved, it bears the potential to allow drilling in Florida waters, and WHEREAS, any such action is contrary to the consistent opposition of Floridians to oil exploration in Florida waters and will undermine Florida's efforts to protect local waters and our coastline, and WHEREAS, this component of the offshore drilling plan should be challenged and Florida should seek to maintain its right to manage its own waters in accordance with the community and environmental standards that its citizens demand, and WHEREAS, Florida Senators Mel Martinez and Bill Nelson have introduced a bill known as the Permanent Protection For Florida Act of 2006, which would permanently prohibit offshore drilling on the outer Continental Shelf off the State of Florida, including Lease Sale Area 181, which, under the Department of the Interior 2007-2012 Offshore Drilling Plan for the Gulf of Mexico, would give the State of Louisiana authority over portions of Florida waters, including Lease Sale Area 181, and WHEREAS, the Permanent Protection for Florida Act 2006 is a bipartisan bill that proposes to protect Florida's unique environment and tourism dependent economy from the threat of offshore drilling. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1, The City Commission of the City of Atlantic Beach hereby supports the passage of the Permanent Protection for Florida Act of 2006. SECTION 2, This Resolution shall be spread upon the minutes of the City of Atlantic Beach and copies shall be provided to all members of the United States Congress representing the AGENDA ITEM #6B MARCH 27, 2006 State of Florida and other officials as deemed appropriate by the City. SECTION 3, This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this day of , 2006. ATTEST: Donna L. Bussey, City Clerk Donald M. Wolfson Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #6B MARCH 27, 2006 II 109TE CONGRESS S. 2239 2D SESSION To prohibit offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 1, 2006 Mr. MARTINEZ (for himself and Mr. NELSON of Florida) introduced the fol- lowing bill; which was read twice and referred to the Committee on En- ergy and Natural Resources A BILL To prohibit offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Permanent Protection 5 for Florida Act of 2006". 6 SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN 7 FLORIDA EXCLUSION ZONE. 8 The Outer Continental Shelf Lands Act is amended 9 by inserting after section 8 (43 U.S.C. 1337) the fol - 10 lowing: AGENDA ITEM #6B MARCH 27, 2006 2 1 "SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN 2 FLORIDA EXCLUSION ZONE. 3 "(a) DEFINITIONS. In this section: 4 "(1) FLORIDA EXCLUSION ZONE.—The term 5 `Florida exclusion zone' means the area located 6 "(A) east of the red line (as depicted on 7 the Minerals Management Service map entitled 8 `Florida Map 1', dated January 23, 2006); 9 "(B) 25 miles west of the Military Mission 10 Line (as depicted on the Minerals Management 11 Service map entitled `Florida Map 1', dated 12 January 23, 2006); 13 "(C) 150 miles off the Florida Panhandle, 14 including the area commonly known as the 15 `Stovepipe' in the 181 Area in the Gulf of Mex - 16 ico; 17 "(D) the Straits of Florida planning area; 18 and 19 "(E) 150 miles off the Florida east coast 20 that extends from the Straits of the Florida 21 planning area to the Florida -Georgia border. 22 "(2) MILITARY MISSION LINE.—The term 'Mill - 23 tary Mission Line' means - 24 "(A) the 86°41' north -south line of lon- 25 gitude; or •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 3 1 "(B) a line not more than 25 miles west 2 of the line described in subparagraph (1), as 3 determined by the Secretary of Defense during 4 the 5 -year period beginning on the date of en - 5 actment of this section. 6 "(3) NON -PRODUCING LEASE.—The term 'non - 7 producing lease' means a lease for the production of 8 oil, natural gas, or any other mineral in the Florida 9 exclusion zone that is in existence and in good 10 standing on the date of enactment of this section. 11 "(b) EXCLUSION ZONE. - 12 "(1) IN GENERAL.—Notwithstanding any other 13 provision of law, the Secretary shall not issue a lease 14 for the exploration, development, or production of 15 oil, natural gas, or any other mineral in the Florida 16 exclusion zone. 17 "(2) GREAT LAKES —It is the sense of Con - 18 gress that States are encouraged not to issue a per - 19 mit or lease for new oil and natural gas slant, direc- 20 tional, or offshore drilling in or under any of the 21 Great Lakes (as described in section 386 of the En - 22 ergy Policy Act of 2005 (42 U.S.C. 15941)). 23 "(3) APPLICATION.—This subsection applies 24 to - 25 "(A) a non -producing lease; and •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 4 1 "(B) a non-producing lease that would oth- 2 erwise be entered into on or after the date of 3 enactment of this section. 4 "(c) WITHDRAWAL.—The Florida exclusion zone is 5 withdrawn from- 6 "(1) any outer Continental Shelf protraction 7 diagram prepared by the Minerals Management 8 Service; and 9 "(2) consideration for inclusion in any 5-year 10 outer Continental Shelf leasing program of the De- 11 partment of the Interior. 12 "(d) RELINQUISHMENT OF CERTAIN LEASES.- 13 "(1) IN GENERAL.—Subject to paragraphs (2), 14 (3), and (4), any non-producing or similar lease that 15 is suspended on the date of enactment of this section 16 in the Eastern planning area of the Gulf of Mexico 17 (other than Lease Sale 181, as identified in the final 18 outer Continental Shelf 5-Year Oil and Gas Leasing 19 Program for 2002-2007) that is active, non-pro- 20 ducing, or in suspension as of the date of enactment 21 of this section is relinquished and abandoned in ex- 22 change for royalty forgiveness for revenue streams 23 owed by oil and gas lessees producing on that date 24 in the Central and Western planning areas of the 25 Gulf of Mexico. •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 5 1 "(2) RESTORATION OF LEASED SEA FLOOR. A 2 lessee of a relinquished and abandoned lease shall - 3 "(A) remove all existing boreholes, 4 wellheads, and ancillary equipment located on 5 the leased sea floor; and 6 "(B) restore the sea floor as nearly as 7 practicable to pre -lease condition. 8 "(3) INELIGIBLE LESSEE.—A lessee of a relin- 9 quished and abandoned lease is ineligible for royalty 10 forgiveness if the lease involves - 11 "(A) an outer Continental Shelf tract in 12 the Central or Western planning area of the 13 Gulf of Mexico subject to royalty deferrals or 14 royalty forgiveness pursuant to - 15 "(i) the notice of proposed rulemaking 16 entitled `Relief or Reduction in Royalty 17 Rates—Deep Gas Provisions' (68 Fed. 18 Reg. 14868); or 19 "(ii) any other Federal law (including 20 regulations); 21 "(B) an outer Continental Shelf tract lo - 22 cated within the boundaries of the Flower Gar - 23 den Banks National Marine Sanctuary; or 24 "(C) any outer Continental Shelf tract lo - 25 cated outside the boundaries of the Florida ex - .8 2239 IS AGENDA ITEM #6B MARCH 27, 2006 6 1 elusion zone and within the Eastern planning 2 area of the Gi if of Mexico. 3 "(4) WAIVER OF RENTS AND ROYALTIES. - 4 "(A) IN GENERAL.—The Secretary shall 5 allow an eligible lessee covered by paragraph 6 (1) to withhold from payment any royalty or 7 rent due to the United States under this Act. 8 "(B) JUDICIAL REVIEW.—Any disagree - 9 meat between an eligible lessee and the Sec - 10 retary regarding the amount of royalty or rent 11 forgiveness described in subparagraph (A) shall 12 be subject to judicial review. 13 "(e) ADMINISTRATION. - 14 "(1) OTHER SECTIONS OF ACT.—Beginning on 15 the date of enactment of this section, other sections 16 of this Act shall not apply to - 17 "(A) any area in which leasing is prohib- 18 ited under subsection (b); 19 "(B) any area that is withdrawn under 20 subsection (c); or 21 "(C) any area subject to a lease that is re - 22 linquished under subsection (d). 23 "(2) INVENTORY.—The areas described in sub - 24 paragraphs (A), (B), and (C) of paragraph (1), as 25 well as the areas currently under moratorium in the •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 7 1 outer Continental Shelf and the areas protected by 2 the document entitled `Memorandum on Withdrawal 3 of Certain Areas of the United States Outer Conti- 4 nental Shelf from Leasing Disposition' (34 Weekly 5 Comp. Pres. Doc. 1111, dated June 12, 1998), shall 6 not be subject to an inventory conducted under sec- 7 tion 357 of the Energy Policy Act of 2005 (42 8 U.S.C. 15912). 9 "(3) NATIONAT, MARINE SANCTUARY.—Nothing 10 in this section precludes the Secretary of Commerce, 11 acting through the Director of the National Marine 12 Sanctuary Program, from considering any portion of 13 the Florida exclusion zone for designation as a ma- rine sanctuary under the Marine Protection, Re- 15 search, and Sanctuaries Act of 1972 (33 U.S.C. 16 1401 et seq.) (commonly known as the `Ocean 17 Dumping Act'). 18 "(4) MAINTENANCE AND REPAIR OF EXISTING 19 PIPELINES.—Nothing in this section precludes- 20 "(A) the inspection, monitoring, or repair 21 of pre-existing subsea oil and natural gas pipe- 22 lines under Federal law (including regulations) 23 pertaining to pipeline safety and environmental 24 protection; or •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 8 1 "(B) the replacement in situ of preexisting 2 subsea oil or natural gas pipelines under that 3 Federal law. 4 "(5) COMMERCIAL AND SPORT 1SHING.—Noth- 5 nig in this section affects any regulation or manage- 6 ment of commercial or sport fishing, or routine oper- 7 ation or transit of fishing or recreational vessels, 8 within the Florida exclusion zone. 9 "(6) MILITARY ACTIVITIES.—Nothing in this 10 section limits any military ship, submarine, aircraft, 11 or amphibious vessel activity conducted as part of 12 "(A) military exercises; 13 "(B) routine transit; 14 "(C) military preparedness; or 15 "(D) rescue operations. 16 "(f) CONDITIONS FOR LEASING IN OTHER AREAS.- 17 "(1) IN GENERAL. With respect to Federal 18 leasing on the outer Continental Shelf in the areas 19 described in paragraph (2)- 20 "(A) each individual lease sale shall be 21 subject to the review process under the Na- 22 tional Environmental Policy Act of 1969 (42 23 U.S.C. 4321 et seq.), including the completion 24 of an environmental impact statement for the 25 lease sale; and •S 2239 IS AGENDA ITEM #6B MARCH 27, 2006 9 1 "(B) all pre-lease and leasing activities 2 shall proceed only if best available and safest 3 technologies, as described in 21(b), are required 4 for all phases of operations. 5 "(2) DESCRIPTION OF AREAS.—The areas re- 6 ferred to in paragraph (1) are areas on the outer 7 Continental Shelf that- 8 hat8 "(A) are not specifically covered by this 9 Act; and 10 "(B)(i) are not located within the pro- 11 tected waters of the Florida Exclusion Zone; 12 "(ii) are not protected by the document en- 13 titled `Memorandum on Withdrawal of Certain 14 Areas of the United States Outer Continental 15 Shelf from Leasing Disposition' (34 Weekly 16 Comp. Pres. Doc. 1111, dated June 12, 1998); 17 or 18 "(iii) are not located within any other fed- 19 erally protected area.". 20 SEC. 3. EXTENSION OF DEFERRAL. 21 Notwithstanding the document entitled "Memo- 22 rand.A. on Withdrawal of Certain Areas of the United 23 States Outer Continental Shelf from Leasing Disposition 24 (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 25 1998)", the expiration date for the withdrawal of areas •S 2239 IS 10 1 of the outer Continental Shelf described in the first para. 2 graph of that Memorandum shall be extended until June 3 30, 2020. 0 .5 2239 IS AGENDA ITEM #6B MARCH 27, 2006 AGENDA ITEM #7A MARCH 27, 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 one three hundred thousand dollars ($4- 300,000.00), together with or a surety bond on said dog of at least ene three hundred thousand dollars ($4 300,000.00), 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 day of , 2006. PASSED by the City Commission on second and final reading this day of , 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 #7B MARCH 27, 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 LIMITED MEMBER 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 #7B MARCH 27, 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 day of , 2006. PASSED by the City Commission on second and final reading this day of , 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 #7C MARCH 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revisions to the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to the designation of swimming pools as pervious area. SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: March 20, 2006 BACKGROUND: At the March 13th meeting, the City Commission directed Staff to draft a proposed ordinance change to revise the definition of impervious surface to designate the water surface area of a swimming pool as 40% impervious because of the pools inherent capability to retain up to 6 inches of rainfall before allowing stormwater runoff. The Community Development Board previously considered this revision at their January 17th meeting. After considerable discussion by the CD Board and comments from the public, the CD Board recommended that the definition remain unchanged with respect to the treatment of swimming pools as pervious area, but recommended that other changes related to the use of pavers, pervious concrete or open grid paving systems be adopted by the City Commission. A major factor in the CD Board decision was the ability of swimming pools to absorb about 6 inches of rainfall (compared to the COAB design 25 year / 24 hour storm rainfall of 9.3 inches) before there is any runoff from the pool surface area. BUDGET: No budget issues. RECOMMENDATION: Approve on First Reading Ordinance 90-06-190 related to modifying Land Development Regulations Section 24-17 to define swimming pools as 60% pervious. ATTACHMENTS: 1) Draft Ordinance Number 90-06-190 REVIEWED BY CITY MANAGER: March 27, 2006 regular meeting AGENDA ITEM #7C MARCH 27, 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 not be considered as forty percent (40%) Impervious Surfaces (or sixty percent (60%) pervious) because of their ability to retain additional 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 stouuwater 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. March 27, 2006 regular meeting AGENDA ITEM #7C MARCH 27, 2006 Passed upon first reading by the City Commission of the city of Atlantic Beach this th day of 2006. Passed upon final reading and public hearing this th day of 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 March 27, 2006 regular meeting AGENDA ITEM #7D MARCH 27, 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: 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 #7D MARCH 27, 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. If the violator is an adult, then parks and recreations staff will contact the police to complete a Trespass After Warning (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 individual 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. 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 #8A MARCH 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from General Sign Service Corporation on behalf 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. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: March 14, 2006 BACKGROUND: Pan Am Mini Storage has requested this sign waiver to allow for face replacement after the existing sign face was shot at and substantially damaged. The existing sign is 22 -feet in height with a face display area of 84 square feet. The size of the sign complies with COAB sign regulations, but the 22 -foot height deems the sign nonconforming. (Such signs are limited to eight feet in height.) Section 17-51 (3) iv. of the Sign regulations requires that non -conforming signs be brought into compliance with the current regulations when the alteration to a sign involves: Any change, which alters the material used for the Display Area or Face Area by more than twenty-five (25) percent. Similar waiver requests, submitted for the BP station and the Valero station, both located on Mayport Road, were denied by the City Commission in 2004. BUDGET: No budget issues. RECOMMENDATION: Consider Sign Waiver from the Sign regulations to allow full replacement of the material used for Sign Face Area on an existing Nonconforming Sign located at 2383 Mayport Road. ATTACHMENTS: Application and supporting materials. REVIEWED BY CITY MANAGER: March 27, 2006 meeting SJ 4 t 1t erg i �4 t4 AGENDA ITEM #8A MARCH 27, 2006 IT al 0110 � l'1 0 2343 »,.,.rt 1cie F. Fi 12 http://maps2.coj.net/output/jaxMapsP_GISMAP2996299654916.png 3/14/2006 //ice -.:, GENERAL SIGN General Sign Service Corp. 1940 Spearing Street Jacksonville Florida 32206 904 355 5630 Fax: 904 355 5632 Email: gensignjax@ aol.com AGENDA ITEM #8A. MARCH 27, 2006 March 9, 2006 Ms. Sonya Doerr City of Atlantic Beach 800 Seminole Road Atlantic Beach„ Florida 32233 Phone: 247-5800 Fax: 247-5805 Re: Request for Waiver from Sign Regulations Regarding Face Change on Existing Structure at 2383 Mayport Road (Pan Am Mini Storage) Dear Ms. Doerr: We are requesting that the City Board of Commissioners grant a waiver from the existing sign regulations for the above mentioned customer. The customer (Pan Am Mini Storage) is requesting permission to change the faces only on their existing 7' tall x 12' wide cabinet sign, which is approximately 22' (feet) high is the top. Pan Ain wants to change faces with the exact same size and material. The current code, article V; Section 17-14, (3), says that " Nonconforming Signs" included those as described in proceeding paragraphs shall be made conforming with all provisions of this chapter when any of the following changes are made: V. Any replacement required as the result of an accidental act or a weather related act. The reason for the requested face change is that someone intentionally shot a bullet hole through the sign, which has decreased it's structural integrity and is creating a potential safety hazard, as it's wind resistance has decreased substantially, as a result of the holes, and the sign could fall during the next big wind storm. Since the requested change is not the result of an accident or weather related act, it should fall outside of the stated legal code, and we are requesting that it be permitted. If you have any questions or would like to discuss this, please feel free to call. Sincerely, Randall Ginzig President Architectural Signage High-rise Installation And Service Neon Channel Letters Neon Internally Illuminated Signs Vinyl Graphics Designing Sand Blasting Awnings Service And Erection AGENDA ITEM #8A MARCH 27, 2006 J�a,rL ogm StOafjE, g12 C. 2383 cifrtayi2ort ---.Road • JLL'ant6c _G3Eacfi, J1' 32233 March 9, 2006 Ms. Sonya Doerr City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 904-247-5800 Tel 904-247-5805 Fax • �honE (904) 241-2300 Re: Request for waiver from Sign Regulations Regarding Face Change on Existing Structure at 2383 Mayport Road (Pan Am Mini Storage, Inc.) Dear Ms. Doerr: Pan Am Mini Storage faunally and politely requests that the City Board of Commissioners grant a waiver from the existing sign regulations to replace the plastic faces with the exact same size and materials at the next Board of Commissioners meeting. Pan Am Mini Storage's reason for this request is to fix the sign due to gunfire into the sign and cracking that has resulted. We wish to return the faces to their original integrity only and not make any major modifications thereto. Pan Am Mini Storage has always kept the facility in first class condition. The storage facility gives free storage units to most of the charities in the beaches area for the past twenty years. The personnel at this facility has also assisted in reducing crime in the neighborhood. Yourconsideration in this waiver will be most gratefully appreciated. In closing, let me thank you for giving our request your attention. Very sincerely yours, Terence P. Kane President 24 -Hour Electronic Controlled Access ® On -Site Resident manager A:v !'s...,.J:+:.J 11.,:+., 0.,.,+ C'+..e nnrrl AAnnorrnmonf AGENDA ITEM #8A MARCH 27, 2006 APPLICATION FOR WAIVER FROM CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www.coab.us Applications requesting that certain provisions of the sign regulations be waived may be made to the City Commission in accordance with the following section of the Code of Ordinances for the City of Atlantic Beach. Sec. 17-52. Requests to waive certain terms of this Chapter. Requests to waive terms of this Chapter may be made upon specific application to the City Commission, with proper public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign, or any otherwise unlawful Sign. The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the Intent of this Chapter. The terms of any waiver to the provisions of this Chapter shall be established by order of the City Commission. DATE fll ar / L/1 2000p PROPERTY LOCATION a3 10(±" Brad., ZONINGCo/potation DISTRICT ridc APPLICANT eaJ1 6107/ C�AJ6f" e✓d t 51@'r7 Service_( / f ( f7Oil TYPE OF SIGN AND METHOD OF CONSTRUCTION (Provide requested height, dimensions, size, materials, illumination, and any other information needed to fully describe the type of sign(s) proposed. p/a jzt 7ccre5 7'7 t.L... X Jai W,DFi . 0119-7e•Q-1t,5 oSeD `" 46 A) Face. ?a� itel- 5ee6id sc�rt�a� s?Oa . MG f eces r Px«rins� aoact5Ldc Srpu, Applicant is advised that any approval authorizing a waiver from the City of Atlantic Beach sign regulations does not constitute approval for the issuance of a Building Permit. A Building Permit for Sign(s), demonstrating compliance with Section 3108, Florida Building Code, along with required fees is required. PLEASE PROVIDE ONE SIGNED ORIGINAL OF THIS APPLICATION ALONG WITH THE FOLLOWING REQUIRED INFORMATION. IF COLOR MATERIALS OR DRAWINGS LARGER THAN 11 BY 17 INCHES ARE SUBMITTED WITH THIS REOUEST, PLEASE SUBMIT EIGHT (8) COPIES OF THESE ATTACHMENTS. 1. For all Freestanding Signs, include survey or site plan showing location of proposed sign(s), and all dimensions including height and distance from property lines or right-of-ways. For Wall, Fascia and other types of Signs, include elevation drawing showing location in relation to adjacent signs, mounting detail and type of illumination, if any. 2. Provide linear frontage of office, business or storefront, or entire building, as appropriate. 3. Statement demonstrating the need for the requested waiver, and that the waiver is not in conflict with the Intent of the City's sign regulations. 4. Provide completed owner's authorization form if applicant is other than property owner. 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. SIGNAT PRINT NAME '^—)°, r. c40 6- L9 DING ADDRESS AND CONTACT INFORMATIOF PERSON TO RECEIVE ALL CORRESPONDENCE REG. THIS APPLICATION (PLEASE PRINT) NAME Gen .r l 519n e,rVtce. Corpora --hon MAILING ADDRESS 1940 Spears ny 5 -f -re' hack-5bre 0l ! (e, -►�(Oraa. 3RO(o PHONE q {-35a-S(03O FAX 98 I- 355-5(,32— E-MAIL Cy2RS1C 11.34,) corn Duval County Property Appraiser - Parcel Information Page 1 of 1 Owner's Name: PAN AM MINI STORAGE, INC , Real Estate Number: 169398 0450 Property Address: 2383 MAYPORT RD City: ATLANTIC BEACH Zip: 32233 Unit Number: PARCEL DESCRIPTION Mailing Address:2383 MAYPORT RD JACKSONVILLE , FL Zip: 32233-2715 2006 Exempt Value: $0.00 Property Use: 4894 WAREHOUSE, MINI- STORAGE Transaction Date: 10/9/1987 Class Value: $0.00 Legal Description: 08 -2S -29E PT GOVT LOT Transaction Price: $358,181.00 Transaction price displayed is based on the actual amount of documentary stamps id at the time of recording. The current rate is 70 cents per $100. Neighborhood: 000000 SECTION LAND District Tax: $6,840.81 Assessed Value: $2,282,247.00 Section/Township/Range: 08 -2S -29E No. Buildings: 7 Voted Tax: $960.83 Official Record Book and Page: 06410- 0183 Heated Area: 68922 Map Panel: 555D1 Exterior Wall: MODULAR METAL VALUES AND TAXES FROM 2005 CERTIFIED TAX ROLL Land Value: $627,562.00 Taxing Authority: USD3 Class Value: $0.00 County Tax: $14,513.49 Improvements: $1,654,685.00 School Tax: $18,267.10 Market Value: $2,282,247.00 District Tax: $6,840.81 Assessed Value: $2,282,247.00 Other Tax: $1,142.27 Exempt Value: $0.00 Voted Tax: $960.83 Taxable Value: $2,282,247.00 Sr. Exempt: $0.00 Sr. Taxable: $0.00 Total Tax: $41,724.50 EXHIBIT "A" Y'41 v .. s./ i v -s. 'A part of Government Lot 7, Section 8, Township 2 South, Range 29 East, Duval County, Florida, being more particularly des- cribed as follows: COMMENCE at the Northwest corner of Fairway Villas as recorded in Plat Book 39, pages 22 and 22A of the cur- rent public records of said County; thence North O1°42'10" West, along the Easterly right of way line of Mayport Road (State Road 'A -1-A, a 100 foot right of_ way as now established), a distance of 806.59 feet to the in:.ersection of said Easterly right of way line with the South line of Government Lot 2, aforesaid Section 8 and the PO:NT OF BEGINNING; thence South 01°42'10" East, along said Easterly right of way line of Mayport Road, 116.59 feet-; thence North 88°14'32" East, 299.68 feet; thence South 01°43'23" East, 390.0E feet, thence North 88°16'14" East, along the North line of the lands described in Official Records Volume 4163, page 112, 385 feet more or less, to the Centerline of an existing,drainage canal; thence Northwesterly along said Centerline a distance of 527 feet more or less, to its intersection with the South line of said Government Lot 2, said line bearing North 88°17'50" East, 539 feet more -or less, from the POINT OF BEGINNING; thence South 88°17'50" West, along last said line 539 feet more or less, to the aforesaid Easterly right of way line of Mayport Road and the POINT OF BEGINNING. SUBJECT TO: 1, Taxes for the year 1987 and subsequent years. 2. Right-of-way Easement recorded in Official Records Volume 5810, nage 2256, of the current public records of Duval County, Florida. 3. Easement recorded in Official Records Volume 5998, page 714, of the current public -records of Duval County, Florida. • 07 OCT p4: S6 120_161 iii.' P Ceu T qh 4 S ; C4' "J 7 7--40R ,/ t2)/N' 4/1 *my s' J 1 A 0- A v\ Ni I per__Ac P1 1� AP ,,pf P.4•77 r.) er 2,E PTh/ : .b4 ; 4‘41.734 S/q7, a bPr 00 ,04 97 t7: X 3'D/A ri- 7''—//~ /p /oj PE' /D, Zr "0,A 3 y 4/ SIGN SERVICE P. O. BOX 5733 JACKSONVILLE, FLA. FLA. 32297 ( 00114-'0T . of !WS .aTil 2A,; ri,ru0L�v 7AI• hi 7 )r/y X /1 /='Ti Air M c ?D ,.41O Ff; /6s 'DARaa,e a , 46 - _ ?; -mat fir-; • �•-o /4 WL - Geo 167, / / /4-7(7; m = 7040 P2 -7-err , /A 17 S'd pr. 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' RCi - 3 ZONING & LOCATION A SATE DATA ai uounty rioncia City of Jacksonville Florida Clickiag on the map will: Zoom -out ti ,PCOCIME. .t 4044;4 IRE: 16939$ 0450Go to property record 1Paroel address: 2383 MAYPORT RD Effective year built: 1988 Value: S1,568,778.00 Owner: PAN AM MINI STORAGE, INC, [Mailing address: 2383 MAYPORT RD JACKSONVILLE, FL 32233-2715' Flood Zone: More about Zoning !More a bout Land Use ..... 5/17/01 6:08 PM irve s 7.o Kis CwaAIc:J' L tit C- /Iles -i 401 S. LL 0 .1 b0 4rith , ss -I111111 pj iFr.n- 44,1 - ,A,v.Alirv! Slonvc. At. 2983 Aiaypod Road ,(llaNlit ,Mark, Ng. 92233-271S 904-211-2300 •ep►e 3 Y4.s-1Fs SIM riNg pai. - soh t 4.CS- 61S I 08' GOLF �� c_s G'X e 496" 0 Pan Am Mini Storage 2383 Mayport Road Atlantic Beach, FL 32233 /ti -000 �oGE S'O c-,�v T Co> 2 X O ..?•S7 ... ..i.••--•:.t(]-tom • ,� pX ti _5•',f, , O 03:,) 'll4 f.:x 2 f`-P.4HE'r ,cervi oiu�" uGNT rIgCS ' -' ! tet/!- `•� !'.l'•�•GiC.' /�."i� .._-Q ..-r.•-•"0-<•-.- E-•YCc'!/.,:--..-- -----E: l�ifc- t�i43'EHE.f/r I ----‘,...P Tis,E ..=" ��o.s'F/ '.L., -- itis R, .w 4-•••-c:4-,, ---",----4,-"--4,-,-----r"--,,,,,,,a- --- - •-•-,--,----.647,P,-...,•••-.-----4-_,Qrr,-� FS-E-�-� i�v 0--1=',e----r99.3' ....•••="0.>.,e /S - -P/ui E.-4rr /:'E•vr --Yr <,Es'c'•E%BE1� /.c, Q.Pv S6/O •-•"='G- 223"6 CITY OF ATLANTIC BEACH BOARD / COMMITTEE MEMBER ALPPLICATXON FORM Please check (4) beside each Board or Committee that you are applying to serve on: (A summary of each board/committee is available on page 2 of this form.) I 1 ❑ Code Enforcement Board 0 Community Development Board ❑ Pension Board of Trustees 0 Tree Conservation Board ❑ Cultural Arts and Recreation Advisory Committee !ate' Board Member Review Committee AGENDA ITEM #8B MARCH 27, 2006 MM' 2 0 2006 01-4q:r o THE CITY CLERK APPLICANT'S NAME: ADDRESS: e9N/ ,/4lf/L%/ DAYTIME PHONE: 071— 6'.4O & EVENING PHONE: E-MAIL. ADDRESS: A- . eiu r/a, Ax: b 43 - &13-5? Go Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. Please prpvide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishii?g to be appointed to this board/committee. Please return completed form to Donna L. Bussey, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 1 I have served on the Selva Norte Homeowners board for 8 of the 10 years I have lived in Atlantic Beach. I was responsible for creating the clean up committee for common grounds within the sub -division. I worked with the city to implement the matching funds program that has allowed Selva Norte to keep its entry ways and islands landscaped year round. AGENDA ITEM #8B MARCH 27, 2006 RECEI V iED MAR 1 3 2006 OFFICE OF THE CITY CLERK GLEN FISHER SENIOR SALES EXECUTIVE PREMIUM SEATS & SUITES Glen Fisher is the Senior Sales Executive in charge of Premium Seats and Suites for the Jacksonville - -Jaguars: That includes all areas of sales and service for the Touchdown Club, Suites and Terrace Suite. Glen has been with the Jaguars since November of 1994. "As a Jacksonville resident for 37 years and witnessing the changes the city has experienced throughout that time, it is truly exciting to be a part of something that has brought the community together like the Jaguars have done," said Fisher. Fisher spent 25 years in television broadcasting, 22 as Sports Anchor, and three years as the News Anchor at WJKS-TV in Jacksonville. He was very involved in covering the city's ongoing efforts to attract a National Football League team. Glen was elected to the Jacksonville Sports Hall of Fame in 1993 for his accomplishments as a sports broadcaster. He is one of only three Broadcasters to be so honored. Fisher is a member of the Board of Directors for the Florida Sports Hall of Fame. He is a past president of the Florida Sportscasters Association. Glen served on the board of the Northeast Florida Kidney Foundation and the Jacksonville Boys and Girls Club. Fisher is a graduate of Leland Powers in Boston with a degree in Radio, Television and Theater. Glen lives in Atlantic Beach with his wife Irene. He has two grown children. #8B CITY OF ATLANTIC BEACH AGENDA ITEM 20 MARCH 27, 20 6 06 BOARD / COMMITTEE MEMBER APPLICATION FORD - R , , Please check (Ai) beside each Board or Committee that you are applying to serve on: (A summary of each board/committee is available on page 2 of this form.) ❑ Code Enforcement Board ❑ Pension Board of Trustees ❑ Cultural Arts and Recreation Advisory Committee qtr,..... Community Development Board Tree Conservation Board Board Member Review Committee APPLICANT'S NAME: ,ase., (jO1 P ADDRESS: f H Pi cc DAYTIME PHONE: 110 (p()7-1 CO EVENING PHONE: E-MAIL ADDRESS: a:toi f) if &cUittrF', (WT. T . FAX: n Please explain any employment experience, board/committee experience, and/or community volunteer experience relat've to the board/committee appking for. L. / !� /vi Pt4ain love for- `P�i /,0 In this !lord is becvvSe_ o!' h01A) 5ti rj I ked 0/2004 (✓1 vb f ikto/ .e/j -i- • % / W L ho,e✓t ac- ; ./G /405 %v ge, I San� C l�✓� n [tee. ;nvr�/J t.0li5 adv%f V5& f 1Z -Cell --1y / Vo/«i4 ererd 1),-/-A CGcrticp6,rh s k)»/P n Cnd F/e r- 5peghir� ii4-11, be-fr4u - ar. 14 y ale. j %'► &ea. r'de, i'dd t tom our yavn J,p r- Muria, f od.eir- Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. Thafi-'i C.cr-iy / Aiw a k -W d b -Ars ,(Ct d 414/ rs d fityL P !ter rr ►-ini Lwt4/1 Fe,So/) y' 5., 11,1 Chu t—ses A d o kOKan re-Sovrr,o, pta.A a. evvw- - p de tle.rN-4 62141 kOU0r\ ri-500 Cc,e s Ct,V3,��� ou2.' 1kA1Aest GCLS WeiCQ14Pla , Q-Ao1 14‘444Cki•Gr (iAd 00,6 UCdCtp t. 1 �ez .LtS\Dowd -is 1 --V8 vJ(Ar s m \I MCk`I\ ; kO U rN t^1aAa f t),A- - iZA C� Please return completed form to Donna L. Bussey, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 1 Casey J. Quinif 544 Plaza Drive Atlantic Beach, FL 32233 (904) 708-6021 cquiniffcquinif.clearwire.net Objective AGENDA ITEM #8B MARCH 27, 2006 RErINTrn I\L �u MAR 1 5 ?PP9 OFFICE OF THE CITY CLERK To obtain a full time human resources position that will best enhance my leadership and communication abilities. Highlights of Qualifications • Successfully completed course in Human Resource Management, Human Resource Training and Development, Business Law I, II • Created policies on travel, performance evaluation and employment application • Outstanding communication skills in pressured work environments PHH Mortgage: Equity Services 04/05- 07/05 Temporary Project • Scheduled loan assignments to ensure suitable closings to equity team • Efficiently reassigned equity loans and provided documentation • Determined qualification of equity lines to ensure high sales return Village of Biscayne Park: Clerk 06/04- 02/05 • Created policies on travel, performance evaluation and employment application • Maintained weekly updates and data entry for municipal website • Implemented collection program for outstanding residential accounts Southeastern Freight Lines: Freight Handler 03/03- 07/04 • Directed training procedures for 5 new employees in dock operations including loading and weight inspections • Performed effective communication in high pressure work environment • Provided documentation and recorded weight inspections for loading purposes Education Keller Management School Online Masters of Human Resources Johnson & Wales University B.S. Management Concentration: Human Resources Honors & Associations • Atlantic Beach Teen Council, Adult Co -advisor, 05/05 -Present • Society for Human Resources Management, Member, 2006 • Strategic Advancement of Management, 02/03-03/05 • Johnson & Wales University, Dean's List, 03/02-11/03 Candidate 2007 Miami, FL Degree, 2/05 Degree, 2/05 AGENDA ITEM #8C MARCH 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: For discussion; options to address nonconforming provisions related to residential structures made nonconforming by the proposed Residential Development Standards. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: March 17, 2006 BACKGROUND: As requested, attached is language for consideration related to how existing residential structures could be treated, which might be made nonconforming if new Residential Development Standards (as now proposed or as revised as this process continues) are adopted. As drafted, this language would address those characteristics of a structure that are made nonconforming only by the new standards. Any other nonconforming features would be addressed by the existing nonconforming provisions as set forth within Chapter 24, Section 24-85, Nonconforming Lots, Uses and Structures. The last subsection of this language (paragraph c) is intended to address renovations or additions to existing structures that may not involve total reconstruction of a residence. In summary, if the size of the residence is increased by more than 25% percent, the new standards as they would apply to that addition, would be required. (The 25% is a number for discussion; this percentage could be adjusted as deemed appropriate.) As an example, if the requirement for a one-story element on the front of a residence is adopted, and a homeowner proposes an addition to the front of the house that adds 25% or more to the size of the residence, then the one-story element would be required. Any such addition would also remain subject to all other Land Development Regulations, such as setbacks, impervious area, etc. BUDGET: No budget issues. RECOMMENDATION: Direction to staff, whether to include such language in the currently proposed draft of the Residential Development Standards. (The entire draft will go to the Community Development Board for consideration at such time the draft is in the final form to proceed through the public hearing(s) process. ATTACHMENTS: Proposed language for discussion. REVIEWED BY CITY MAN March 27, 2006 meeting AGENDA ITEM #8C MARCH 27, 2006 For discussion: Nonconforming provisions related to residential structures made nonconforming only by the proposed Residential Development Standards. As proposed below, this language would be. included as a subsection within the Residential Development Standards. Sec. 24-172 . Special Treatment of Lawfully Existing Single-family and Two- family Residential Structures made Nonconforming by enactment of these Residential Development Standards (a) Intent. It is the intent of this Section to clarify when the Residential Development Standards shall apply in the case of reconstruction or redevelopment following: i. a natural act such as a hurricane, flood or fire; or ii. redevelopment initiated by the action of a property owner or authorized agent for a property owner. The following provisions shall be limited only to those nonconforming characteristics that result from the requirements of this Section, which provides Residential Development Standards. The following proposed language would allow a single or two-family structure, which is destroyed by a natural act such as a fire or hurricane, to be built back in its original footprint at the same size and in the same design, subject to meeting Building Codes and requirements other than the proposed Residential Development Standards. (b) Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing Single-family residence or Two-family (Duplex) Dwelling, which has been constructed pursuant to properly issued Building Permits prior to the initial effective date of these Residential Development Standards, adopted on , 2006 by Ordinance Number, , shall be deemed a Vested Development, and any Single-family residence or Two-family (Duplex) Dwelling shall be considered a lawful permitted Structure within the Lot containing the Vested Development. Furthermore, an existing Single- family residence or Two-family (Duplex) Dwelling for that particular Structure(s), shall not be considered as a Nonconforming Structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling development and redevelopment of such Lots. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements. AGENDA ITEM #8C MARCH 27, 2006 The following would apply to structures where "voluntary changes" are made. (c) Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Single-family residences or Two-family (Duplex) Dwellings, which are rebuilt or renovated, or expanded by more than twenty-five percent (25%) in Floor Area, shall be subject to applicable provisions of the Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: New Parks and Recreation Events SUBMITTED BY: Timmy Johnson, Parks & Recreation Director DATE: March 17, 2006 BACKGROUND: AGENDA ITEM #8D MARCH 27, 2006 The Parks & Recreation Department and the Cultural Arts & Recreation Committee are coordinating the following events: Event Date of Event Description Landscape Classes Grass Growing — April 1St & 15th Shrub Planting — July 1st & 15th Annuals Growing — October 7th & 21st Classes are held at Adele Grage and begin at 9:00 a.m. Tour de Parks April 22nd A bicycle tour of city parks. Art in the Park May 6th An art festival held in Bull Park beginning at 10 a.m. Art Show May 5th An art show featuring students from UNF College of Arts and Sciences. The show will be held at Adele Grage and begin at 6 p.m. Skate Park Competition May 13th A skating competition for all ages. The fee for the competition is $20 for the age groups and $40 for pros. Everyone must pre -register and compete a skate park wavier'before Saturday, May 13. Shakespeare in the Park June 3rd & 4th An outdoor, one act play to be held in Russell Park. June3rd at 7:30 p.m. and June 4th at 2:00 p.m. RECOMMENDATION: None ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM #8E MARCH 27, 2006 CITY OF ATLANTIC,BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion of Future Land Use Designation of Land for the Hopkins Creek Detention Pond SUBMITTED BY: Rick Carper, P.E., Director of Public Works DATE: March 15, 2006 BACKGROUND: At the June 13th, 2005 Commission meeting, and confirmed in the February 2006 Strategic Planning sessions, staff was directed to begin negotiations for acquisition of the parcel required to construct the Hopkins Creek Regional Detention Pond from Sunrise Community Church. Subsequent to the earlier approval, Staff determined that the Future Land Use of the parcel in question had been inadvertently reclassified from High Density Residential (HDR) to Public/Semipublic (see attachment 1). Staff did not identify the error earlier because the change caused the parcel to match the classification of the major portion of the Church's property. Because the city is only seeking to acquire two acres of a three acre parcel, Lampe, Roy & Associates, Inc., who is performing an appraisal of the property for the city, has recommended that the City commit to redesignating a matching two acre parcel on the north side of the remainder to HDR, if the Church at some later date were to sell the remainder of their property. By doing this, the city avoids adding damages to the value of the remainder (could exceed $100,000) to the final appraised value. The damages would result from having only a single acre remaining that was HDR and impacting the ability of that small a parcel to be developed to full value. Lampe & Roy has corrected the initial appraisal to reflect that the parcel in question should be considered to have a highest and best use of High Density Residential. RECOMMENDATION: The Commission direct Staff to draft a letter for the Mayor to sign to Sunrise Community Church committing the city to seeking a Comprehensive Plan change to the Future Land Use Map as discussed above if the Church, at some future date, pursues sale of the affected parcel. ATTACHMENTS: BUDGET: 1) Community Development Director Memo re. Re-evaluation of Church Property Appraisal 2) Overhead View of Subject Parcels This action has no budget impact, other than saving the city substantial money in the appraised value of the parcel being acquired for the Hopkins Creek Regional Detention Pond. Funding for acquisition of the parcel is contained in the Stormwater Fund 470-0000-538-6300, Project PW0309. REVIEWED BY CITY MANAGER: March 27, 2006 Regular Meeting AGENDA ITEM #8E MARCH 27, 2006 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us MEMORANDUM TO: Jim Hanson, City Manager Rick Carper, P.E., Public Works Director FROM: Sonya B. Doerr, AICP Community Development Director DATE: June 21, 2005 RE: Re-evaluation of Church property appraisal Jim and Rick — As I have become further involved in looking into the church property the City proposes to acquire for stormwater use, I believe that the designation of the entire property as Public/Semi-Public (P/SP) may in fact be a mapping error that occurred early during our EAR -based Comprehensive Plan amendment process. As such, we may wish to consider requesting a review of our appraisal of the property. As depicted (highlighted in yellow) on the attached the original future land use map, the north and eastern portion of the property was designated as P/SP when the City adopted its first Comprehensive Plan in 1990. The southerly portion was designated as Residential, High Density. In July of 2003, the City contracted with the Northeast Florida Regional Planning Council to assist with the Comprehensive Plan amendment process, including the preparation of new maps. (The original 1990 maps existed only in paper format.) The RPC used the existing land use map, property ownership records, and aerial photographs to create new GIS format maps. The first draft of the existing and the proposed land use maps were provided to the City in March of 2004. It seems as if this is when the church property was depicted in total as P/SP, during preparation of the GIS format 1990 existing map. While this may have seemed logical given that the property was in single ownership and use by the church, and aerials depicted no residential use, the City's later transmittal of the proposed and adopted amendments to the land use map do not identify this as a proposed change. AGENDA ITEM #8E MARCH 27, 2006 Rule 9J-5 F.A.C., requires that all proposed amendments to the Future Land Use Map be depicted individually and collectively as part of the amendment transmittal package. As shown on the attached map prepared for this purpose, only one change to P/SP was identified, (#9 in the list of Amendment Areas) and that was for the property where City Hall is located. No other map amendments to P/SP were depicted or intended. I believe that the Department of Community Affairs would accept this as a map error and allow for an administrative correction. However, if the property is to be acquired by the City and used for stormwater purposes, P/SP is the appropriate designation. The larger question may be a fairness issue, in that the City's appraisal of the property should reflect the value of the property at the time the City began discussions with the church. 2 ,;,,� f 45 _r. t�3:• c .. � , AGENDA ITEM #8E MARCH 27, 2006