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.
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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)
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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:
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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
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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
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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
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AGENDA ITEM #8A
MARCH 27, 2006
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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: $41,724.50
EXHIBIT "A"
Y'41 v .. s./ i v -s.
'A part of Government Lot 7, Section 8, Township 2 South,
Range 29 East, Duval County, Florida, being more particularly des-
cribed as follows: COMMENCE at the Northwest corner of Fairway
Villas as recorded in Plat Book 39, pages 22 and 22A of the cur-
rent public records of said County; thence North O1°42'10" West,
along the Easterly right of way line of Mayport Road (State Road
'A -1-A, a 100 foot right of_ way as now established), a distance of
806.59 feet to the in:.ersection of said Easterly right of way line
with the South line of Government Lot 2, aforesaid Section 8 and
the PO:NT OF BEGINNING; thence South 01°42'10" East, along said
Easterly right of way line of Mayport Road, 116.59 feet-; thence
North 88°14'32" East, 299.68 feet; thence South 01°43'23" East,
390.0E feet, thence North 88°16'14" East, along the North line of
the lands described in Official Records Volume 4163, page 112, 385
feet more or less, to the Centerline of an existing,drainage
canal; thence Northwesterly along said Centerline a distance of
527 feet more or less, to its intersection with the South line of
said Government Lot 2, said line bearing North 88°17'50" East, 539
feet more -or less, from the POINT OF BEGINNING; thence South
88°17'50" West, along last said line 539 feet more or less, to the
aforesaid Easterly right of way line of Mayport Road and the POINT
OF BEGINNING.
SUBJECT TO:
1, Taxes for the year 1987 and subsequent years.
2. Right-of-way Easement recorded in Official Records Volume
5810, nage 2256, of the current public records of Duval County,
Florida.
3. Easement recorded in Official Records Volume 5998, page
714, of the current public -records of Duval County, Florida.
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4044;4
IRE: 16939$ 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:
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!More a bout Land Use
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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