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7-10-06 Agenda Packet v
Ciy of CCC 31 r.�7 ROF�© LJ City Commission Agenda July lir, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JULY 10, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of June 26, 2006. 2. Courtesy of Floor to Visitors A. Proclamation to Mayport Naval Station (Mayor) 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report (City Manager) 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Report for Public Works and Utility Department, and New Occupational Licenses issued in June 2006 (City Manager) B. Award the contract for Utility Installation at Sawgrass Chapel Place to Gruhn May, Inc. in the amount of $195,094, approve a contingency amount of $19,509.40, and authorize the City Manager to sign the contract (Bid 0506-11) (City Manager) C. Authorize Staff to negotiate with CDM for a Scope of Services for final design and construction of the Hopkins Creek Regional Retention Facility (City Manager) 5. Committee Reports None 6. Action on Resolutions None 7. Action on Ordinances A. Ordinance No. 90-06-194, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DA 1E B. Ordinance No. 20-06-79, Introduction and First Reading 1 AMENDING THE OPERATING BUDGET FOR THE C11Y OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 8. Miscellaneous Business A. Request from Judy Jenness for a Use -by -Exception (2006-03) to relocate the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic Boulevard and to allow on - premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) (City Manager) B. Draft Resolution from the Cultural Arts and Recreation Committee to Purchase and Install two Marquees (City Manager) C. Proposed Residential Development Standards, as recommended for adoption by the Community Development Board (City Manager) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, July 7, 2006. 2 Attendance MINUTES REGULAR CITY COMMISSION MEETING June 26, 2006 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons ABSENT: Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey City Manager Jim Hanson 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 Mayor Wolfson, was followed by the pledge to the flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 12, 2006. Motion: Approve the minutes of the Regular Commission Meeting on June 12, 2006. The Mayor asked that the last item in the Mayor's report on page nine be corrected to state that he suggested that the City consider inviting "...the Commanding Officer of the Naval Station Mayport to attend a Commission meeting..." Moved by Borno, seconded by Simmons Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation awarding Retired Deputy Chief John Campbell his duty pistol Mayor Wolfson commended Deputy Chief John Campbell for his lengthy service in the police department and expressed appreciation for everything he has done on behalf of the City. City Manager Hanson noted that the Deputy Chief had been on Atlantic Beach's police force for sixteen years and reviewed his long history as June 26, 2006 REGULAR COMMISSION MEETING Page 2 police officer in other locations as well. He wished him luck in his future endeavors. Deputy Chief Campbell thanked the City Manager and the Mayor and stated he enjoyed working for the City but was now moving on to a job in the private sector. The Mayor then presented the Deputy Chief with his duty revolver and badge. The Mayor also informed the Commission that Jeanne Shaw, Secretary to the City Clerk, will be moving to Cocoa Beach and this would be her last meeting. He thanked her for her service to the City and wished her luck in her endeavors. B. Presentation from Greg Kupperman, Sub -Committee Chairman, on Town Center Overlay District Mayor Wolfson reported that the Town Center Agency had to postpone this item and that they will contact the City when they are ready to reschedule their presentation. Stephen Kuti, 1132 Linkside Drive, noted that he has been traveling in Europe and has missed several meetings. He expressed his concern with how the proposed Walmart in Neptune Beach may affect the main exit from Atlantic Beach on Seminole Road. He indicated that he is not against Walmart as a business but is very concerned with the potential impacts on traffic in Atlantic Beach. He asked the Commission to consider having a traffic study done on that area or reviewing the results from Neptune Beach's traffic study. He strongly urged the Commission to prevent Walmart from adversely affecting Atlantic Beach's traffic patterns. Mayor Wolfson responded to Mr. Kuti's comments and discussed the resolution proposed by Commissioner Fletcher at a previous meeting. He recapped the City Attorney's position and response to that proposal. Mr. Kuti strongly reiterated that a traffic study be conducted specifically on the Seminole Road area. Susan Snead, 261 Beach Ave, related an incident in which she picked up a canister of phosphorous found on the beach and referenced a discussion she had with a police officer during that situation. She reported that there is a rumor in the community that the Sea Turtle Inn has been sold to Marriott and that they would like to renovate the entire footprint up to eight stories high. She stated her opposition to any portion of the Sea Turtle Inn being higher than 35 feet, other than what currently exists. She expressed concern that plans to build the entire structure up to eight stories would overpower Town Center. She believed the community had the right to be informed of the plans for that location. June 26, 2006 REGULAR COMMISSION MEETING Page 3 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Consent Agenda A. City Manager's Follow-up Report City Manager Jim Hanson announced that the post office entrance from Plaza Road is now open after a number of years of working on this project. He reviewed the discussions that the City has had with the post office regarding this project since December 1999. He noted that the main delay was the post office needed to acquire funds to make the changes on their property. He indicated that the main purpose for this access was to improve safety of the traffic flow and there will be more improvements made in the near future. Mayor Wolfson thanked the City Manager for his perseverance with this project. 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Utility Sales Report for May 2006 (City Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, 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. 90-06-194, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: To approve Ordinance No. 90-06-194 on first reading. June 26, 2006 REGULAR COMMISSION MEETING Page 4 Moved by Borno, seconded by Fletcher City Manager Hanson reported that he has received further correspondence from management of the Sea Turtle Inn, addressing the Commission's discussion at the previous meeting to grant the Sea Turtle Inn an exemption from the proposed 35 -foot height referendum. He distributed a letter from Remington Hotels, management company for the Inn. This document is attached and made part of this official document as Attachment A. He pointed out that Bill Hood, of Remington Hotels, and Jeff Johnson, general manager of the Sea Turtle Inn, were both in the audience this evening and asked Mr. Hood if he would come forward and explain their suggested alternative. Bill Hood, representative from Remington Hotels, Dallas, Texas, reviewed his understanding of the first reading being presented that evening. He believed that the proposed option for expansion would be oppressive to the Town Center area by its massive scale and its obstruction of the ocean view. He made it clear that the Sea Turtle Inn will not be a Marriott Hotel. He explained their future ideas and goals for expanding, renovating, and reconfiguring the structure in order to add a new entrance, elevators, and other improvements. He expressed their desire to maintain the right to create more rooms on the property in order to raise money for future renovations. However, instead of being allowed the right to request expanding the height of the existing footprint, Mr. Hood suggested considering the right to expand on a smaller footprint, extending westward from the current tower. Mayor Wolfson noted the importance of this decision and encouraged Mr. Hood to thoroughly explain his position as much as possible before the referendum goes before the citizens. Mr. Hood continued to compare the two ideas and noted that he should be able to provide the City with a rendering of his proposed idea within the next few weeks. Commissioner Borno addressed the differences between the two plans as presented in Remington's letter. Commissioner Fletcher asked for specific facts to persuade the Commission of the necessity to upgrade the hotel. Mr. Hood indicated the upgrade would help generate the revenue needed in order to meet the competitive edge in the arena of group and meeting space. He mentioned that they would like to include the addition of a spa in their upgrade and believed that a boutique -style, four-star hotel would fit perfectly in the community here. Commissioner Simmons discussed problems with the proposed parking garage and the fact that it would be surrounded by residential zones on three sides. She did not believe it would be appropriate in that area and suggested that, if the City wished to consider the idea, they should poll the residents in the surrounding neighborhood. June 26, 2006 REGULAR COMMISSION MEETING Page 5 Discussion ensued regarding the various possible ways to expand the current footprint of the hotel and which portions to allow exemption from the proposed 35 foot height referendum. Mayor Wolfson clarified that the Sea Turtle Inn's new proposal would allow a height exemption of only the westward expansion of the tower and would keep the rest of the current footprint at its existing height. The Commission and City Attorney proposed language to adequately state the exemption being discussed. The Mayor emphasized that this language does not give approval of the exemption but allows future commissions to consider a proposal as allowed in the referendum. Mr. Hood mentioned that the Inn desired to have larger rooms in the new westward expansion of the building so that, as part of a luxury hotel, more bathroom fixtures could be included. He indicated that this might make the westward expansion extend slightly past thenorth and south boundaries of the current tower. The Mayor suggested that the ordinance be sent back to staff to be rewritten so as to include the Sea Turtle Inn's new proposal. Commissioner Borno withdrew his motion and Commissioner Fletcher withdrew his second. Mayor Wolfson inquired about the timeline for the referendum. The City Manager replied that the ordinance would need to be passed in July in order to get the referendum on the ballot this year. Commissioner Fletcher proposed some grammatical changes be made to the referendum in order to make it clear for citizens when casting their votes. He asked that these be incorporated in the revised language. The Mayor also suggested it would be appropriate to amend the language as follows, "... allowing buildings presently exceeding 35 feet to be repaired or to be replaced to existing height, ...." It was the consensus of the Commission to have staff bring back the ordinance with the revised language as discussed. B. Ordinance No. 20-06-78, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. The Mayor read the ordinance by title only and opened the floor to a public hearing. There were no public comments and the Mayor closed the public hearing. June 26, 2006 REGULAR COMMISSION MEETING Page 6 Motion: To approve Ordinance No. 20-06-78 on final reading. Commissioner Borno explained that this is a change to the general fund in order to cover expenses for legal services that have been incurred since the budget was created. Moved by Simmons, seconded by Borno Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Report on condition of The Palms Apartments (City Manager) City Manager Hanson provided the background on this item. He noted that the City sent a certified letter to Mr. Kologi, the owner of the Palms, stating their ruling on the status of the apartments, and Mr. Kologi has since responded with phone calls and a letter outlining a plan of action for the complex. The City Manager asked the police department to look into the condition of the area last weekend and this morning. He asked Lieutenant Henry Bartle to present an update on the complex. Lieutenant Bartle displayed pictures that were shown at the last Commission meeting and compared them with photos taken that morning at the Palms Apartments. He pointed out that there were workers boarding up the buildings, 24-hour security on the premises, windows and doors were secured, grass had been cut, debris was removed, and 'No Trespassing' and code enforcement signs were posted on all the buildings. Commissioner Simmons stated that she drove through the area that morning and found the complex's appearance very ugly and unacceptable, especially to neighboring residential areas. She did not believe that it fit in with the City's community standards and urged the Commission to move forward with correcting the situation as quickly as possible. Commissioner Fletcher agreed with Commissioner Simmons. He noted that despite improvements made, the area is still a disaster in appearance. He also was concerned that the pool is a safety hazard and should be closed immediately. He asked the City Attorney what actions and time limits can be established by the City to have the owner correct the situation. City Attorney Alan Jensen responded that ultimately the City can demolish the property if the situation is not corrected but that there is no legal time limit established for that. Commissioner Fletcher spoke in favor of demolition of the site if the appearance of the area is not improved within 3-6 months. June 26, 2006 REGULAR COMMISSION MEETING Page 7 Mayor Wolfson noted that the owner indicated there was an offer pending to have a contract for sale of the property by August 1st. The Mayor asked that the owner be required to fill the pool in with sand immediately and to have the complex well -lit at night. The Mayor stated the current standards set for the area by the owner are not satisfactory. City Manager Hanson discussed the need for continuous security services to remain in place in order to keep the vagrants, prostitutes, and drug dealers out of the area. The Mayor stated that any new owner should also be required to meet the same standards set by the City for the condition of the complex or else the City will have the buildings demolished. He asked if there was a representative for the property owner in the audience. Paul Harden, introduced himself as Mr. Kologi's attorney and informed the Commission that he has been communicating recently with the City Manager. He suggested that he and the City work out an agreement and a time frame for the conditions they would like to see met. He stated that the previous contract for the property fell through but the owner is now in the process of negotiating a new contract and believed he would need more than six months to follow through on everything. He asked that the City create a written understanding of their expectations for the property owner. The Mayor continued discourse with Mr. Harden and strongly declared his discontent for the property owner. He declared Mr. Kologi to be irresponsible and an embarrassment to the community. Mayor Wolfson noted that the Commission has been patient up to this point but the situation has become intolerable. He indicated that if the condition is not improved as negotiated, the City will call for demolition of the property immediately. Mr. Harden stated he will convey the City's sentiments to the owner and again requested that the City Attorney and City Manager present an accurate written draft of their expectations for the property. Mayor Wolfson stated for the record that the Palms apartment had previously provided affordable housing for low-income members of the community and that the property owner forced those people to find other homes and has made it into a place of squalor and unfit living conditions. The Mayor insisted that he has no confidence in the owner and that Mr. Kologi needs to close on the sale of the property by August 15. B. Stormwater Storage (Public vs Private) Cost Comparison (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present his report. Mr. Carper noted that Atlantic Beach is one of few communities in Florida that has created a stormwater storage requirement at the individual lot level. He reported that at the City Manager's request, he created a cost analysis comparing the individuals' costs to the City's cost to June 26, 2006 REGULAR COMMISSION MEETING Page 8 provide the additional stormwater storage needed if the City no longer required individual owners to provide it. He reviewed the cost comparisons and the alternatives as provided in his report. Mr. Carper recommended that, based on the analysis presented, the City should continue requiring onsite storage by individual owners. Commissioner Borno commented on the misunderstandings from citizens regarding this requirement. He noted that there are a number of options and ways for homeowners to meet the stomiwater regulations and encouraged people to approach the issue innovatively. Mayor Wolfson thanked Mr. Carper for his informative report and suggested that staff put together information that can be mailed from the City Clerk's office to citizens who contact the City with questions regarding the issue. C. Investment Policy Update (City Manager) Nelson Van Liere, Finance Director, provided a summary of the investment policy update. He pointed out that it had not be updated in ten years and that it was originally adopted as a mandate from Florida State Statutes. He created the updated version by examining how other cities revised their policies and also received input from the City's financial and pension advisors. He highlighted the reasons for the changes, noting that the primary one is to allow the City to make investments for longer than eighteen months. He reviewed some of the other changes made to the policy, as noted in his report. He pointed out that an additional change was made to the draft that was presented in the agenda packet. The amended language would require both the Finance Director and the City Manager to sign off on any investment transactions, as opposed to the current requirement which allows any two signatures out of the Finance Director, City Manager, or City Clerk. This revision to the draft is attached and made part of this official record as Attachment B. Motion: To approve the updated Investment Policy with the revision as noted. Moved by Borno, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED D. Designate Voting Delegate for the Florida League of Cities conference (City Manager) City Manager Hanson explained activities at the Florida League of Cities' City Manager Reports/Requests City Commissioners City Attorney ,Tune 26, 2006 REGULAR COMMISSION MEETING Page 9 annual conference and the need for each city to have a delegate present to vote on the issues. Commissioner Simmons commented that Commissioner Waters has been a wonderful delegate for the City, however, she noted that he is now teiiil limited. She suggested designating a new delegate who would be able to provide some longevity in that role. Commissioner Simmons recommended either Commissioner Fletcher or Commissioner Borno as the new Voting Delegate. Commissioner Fletcher stated he is currently involved with the Northeast Florida Regional Planning Commission. Thus, Commissioner Borno agreed to accept if designated. Motion: To designate Commissioner Borno as Voting Delegate for the Florida League of Cities conference. Moved by Simmons, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Commissioner Fletcher asked if the Commission has any issues they would like to submit for resolutions at the next conference and pointed out that they only have until July 5th to do so. Mayor Wolfson suggested that the Commissioners think about it and bring their ideas to next meeting. 9. City Manager A. City Manager's Report City Manager Jim Hanson reported that the vacant position from John Campbell's retirement has been downgraded from a deputy police chief to a captain. He gave the reasons for this change and noted that the City has had a good response in applications. He discussed the selection process in further detail and expected it will take 2-3 months to hire the right person for the position. 10. Reports and/or requests from City Commissioners and City Attorney A. Recommendation for appointment to the Cultural Arts and Recreational Advisory Committee (Mayor) June 26, 2006 REGULAR COMMISSION MEETING Page 10 Mayor Wolfson recalled the interview that took place in April. He noted that Kelly Mannel was appointed for the first vacancy on the Committee and that Jolyn Johnson was recommended to fill the next vacancy, starting in July. He acknowledged that Ms. Johnson is in the audience that evening. Motion: To appoint Jolyn Johnson to fill the vacancy on the Cultural Arts and Recreational Advisory Committee. The Mayor thanked Ms. Johnson for her willingness to join the City and offer her services to the Committee. Moved by Borno, seconded by Fletcher Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno ❖ Addressed a letter sent from resident, Chris Anderson, and the concerns Mr. Anderson expressed regarding the bike path being extended on the west side of Seminole Road. The Commissioner asked if anyone responded to the letter. The City Manager stated that there are no plans in the immediate future to connect the bike path on either side of Seminole Road. The Commission discussed the plans for the bike path. Commissioner Borno asked that the City Manager send a response to Mr. Anderson. Commissioner Fletcher ❖ Brought up the Neptune Beach development board meeting held that week to discuss the Walmart issue. He noted that almost 300 citizens showed up to express opposition to the proposed plan. He reiterated his concerns for the traffic and crime problems that could arise for Atlantic Beach residents. He asked if the City Attorney could review findings of fact in the Neptune Beach traffic study to determine if it would give the Commission reason to object to the Walmart. He handed out and reviewed statistics on crime relating to Walmart stores. He asked if the City could proactively consider legislation limiting the square footage for commercial businesses in Atlantic Beach. City Manager Hanson responded that that City Code already does that by addressing big box retailers at the beach. Mayor Wolfson asked for the Commissioner's thoughts on Walmart's potential impact on the intersection of Seminole Road. Commissioner Fletcher mentioned that, with the high cost of traffic studies, he would suggest reviewing the results of Neptune Beach's study first. He discussed more details regarding the issues affecting June 26, 2006 REGULAR COMMISSION MEETING Page 11 Seminole Road and Atlantic Boulevard. Mayor Wolfson asked that staff continue to monitor and inform the Commission on the traffic patterns and site plans being proposed by Walmart. Mayor Wolfson ❖ Reminded everyone that the Community Development Board will resume its meeting this Thursday at the Adele Grage Community Center. He stated that there will be a final workshop sometime after that meeting and will involve the members of the CDB, the citizen adhoc committee, and the recommendation from the CDB. After that workshop, the Mayor indicated that the issue will be forwarded to the City Attorney. Commissioner Fletcher asked the City Attorney if it is legally required to hold another workshop. City Attorney Jensen responded it is not a legal requirement and noted that the Community Development Board has indicated they do not desire to have another workshop. The Commission proceeded to discuss their views on whether or not another workshop should be scheduled at this time. It was the consensus of the Commission to wait until receiving a recommendation from the Community Development Board in order to determine if a workshop would be necessary to answer any questions or provide further clarification of the recommendation. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:22 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk A rotiamation AGENDA ITEM #2A JULY 10, 2006 WHEREAS, Naval Station Mayport was commissioned in December 1942 and has been an integral part of the Atlantic Beach community for more than 60 years; and WHEREAS, many of Atlantic Beach's citizens are on active duty or retired from the United States Navy; and WHEREAS, the Navy as an employer of many Atlantic Beach residents, contributes greatly to the economic well being of our community; and WHEREAS, the City of Atlantic Beach has greatly benefited from the countless volunteer hours that the military personnel, squadrons and tenant commands from Naval Station Mayport have given back to our community, including the excellent partnerships with our local schools tutoring and mentoring programs; and WHEREAS, Naval` Station Mayport has been a responsible neighbor in working with Local agencies to ensure public trust and protection of the environment; and WHEREAS, the City of Atlantic Beach and its citizens wish to recognize, honor and acknowledge all the men and women in uniform for their sacrifice and preservation of our American way of life; and NOW, THEREFORE, be it resolved that I, Donald M. Wolfson, Mayor of the City of Atlantic Beach, Florida, on behalf of the citizens of Atlantic Beach, wish to thank the military personnel assigned to Naval Station Mayport for their service to our nation and our community. IN WITNESS WHEREOF I have set my hand and caused the Official Seal of the. City of Atlantic Beach to be affixed this 10th day of July, 2006 Donald M. Wolfson MAYOR AGENDA ITEM #4A JULY 10, 2006 o\ ill -P w N 1.-k PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR 5 Points Intersection Improvements Design = 100% Construction = 100% Security Upgrades at Treatment Plants and City Bldgs. Design =100% Construction =25% Bike Path on West Plaza Ditch Design = 75% Construction = 0% Bike Path on Plaza (Parkside Dr. to Seminole Rd.) Bike Path on Seminole (Garden Ln. to Oceanforest Dr. N.) Design = 100% Construction = 100% Mayport Medians Design = 30% Construction = 0% Hopkins Creek Regional Retention Facility Design = 30% • Construction = 0% PROJECT DESCRIPTION (D) = HDR Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Access Ltd. (C) = Access Ltd. (CE&I) = Public Utilities & Public Safety (D) = Public Works (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Public Works (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = GAI Consultants, Inc. (D) = Camp, Dresser & McKee (CDM) PROJECT NO. AND INFORMATION Complete. Project to add cameras at treatment plants and automated door locks at plants and City buildings. Contractor making site visits to determine optimum camera locations. Door lock materials received. Contractor began wiring and installing locks. Survey complete. Complete with exception of signage. To be completed by 6/30/06. FDOT approved alternate typical section with 13' median. Survey and design are in progress. Public meeting (30% design review) was held on 12/12/05. Next public meeting scheduled for August 2006. Commission authorized negotiation on 4/28/03 with CDM for Hopkins Creek design and approved contract for preliminary design report on 6/23/03. 30% plans received 11/17/03. Staff has begun discussions with church for property acquisition. STATUS ON 6/29/06 AGENDA ITEM #4A JULY 10, 2006 00 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR Elevated Tank Maintenance at Water Plant #1 Design = 100% Construction = 100% Sewer Master Plan Update Design = 70% Water Main Replacement at Sailfish Drive and Plaza Design = 100% Construction = 0% Gensets at Water Plant # 3 (902 Assisi Lane), and Lift Station "B" (425 11th Street) Design = 100% Construction = 0% Ribault Bay Water System Upgrades (Navy Project) Design = 100% Construction = 0% Plaza Road Post Office Entrance Modifications Design =100% Construction =100% PROJECT DESCRIPTION (D) = Public Utilities & HGTI (Howie Greene Tank Inspection) (C) = Worth Contracting, Inc. (CE&I) = HGTI & Public Utilities (D) = Applied Technology & Management (D) = CH2M Hill and Public Works (C) = Gruhn May, Inc. (CE&I) = Public Works (C) = Ring Power (CE&I) = Public Utilities (D) = Reynolds, Smith & Hill (C) = Gateway Contracting (CE&I) = Navy, Public Works (D) = Public Works (ROW) and Transystems Corp. (USPS) (C) = R&B Contracting (CE&I) = Public Works PROJECT NO. AND INFORMATION Work complete and tank back on-line. Collection system, force main and lift station analysis complete. Met with staff for discussion of budget issues on 6/21/06. Construction to start on 7/10/06. Generators installed at Water Plant #3. Wiring to begin 7/03/06. Still awaiting equipment delivery for Lift Station B. DEP permit received 1/03/06. Navy awarded contract to Gateway Contracting. Preconstruction held 4/11/06. Contractor on hold while resolving issues with Navy. COAB right-of-way construction complete. U.S. Post Office construction in progress. Open for traffic. Re -striping of Plaza to be completed by 7/31/06. STATUS ON 6/29/06 w %0 = uopon4suop 0 *3 0 6 9016Z19 MO SIUVIS AGENDA ITEM #4A JULY 10, 2006 C < H ro ▪ CJ 0 z -r S' VJOZ QNVED 4000004040 40 r I-1 z m m r d c H ro H 0 z ro 0 0 0 0 0 0 rocHro� H0zron SHSNHDI'i MNU H 0 0 0 0 0 0 }d z H n 40 z 40 40 AGENDA ITEM #4A JULY 10, 2006 o 0 0 0 0 0 0 0 0 01 s 01 01 s m m 01 O O 0 0 0 O 0 0 01 01 01 01 0 T 0 • 01 01 Ui Ul U1 U1 411 U1 U1 U1 IA O 0 0 0 0 O 0 O W N CO 10 W -7 40 411 H ,A Ds, As. Co Ts, 40-4O Ds' U1x 4U1x Yv10 YNO YH Halo HW 0 HN0 .3 NI HN7 yNTi Hm0 H0 I�rvv o c yr 0 r U1 H �C�r -3 X yr -) 3 yyr - 3 brZ 9-m z m x z ztli b H Z 7 C z 7 r4-' z 40 r z z 4 z 40 yHCD HCO.3 H'-3ro HyH HH.3 3 3,H '' 4-3 CD HS�H n o w 0 4-3 40[ n HI 4 z 0 40 040 n 4 z 0 4 40 0 40 0 n ��yr! Cr) C 40 40 O� 40 H 40H 0 Cr) H 'CJ Cr] H '171tr1 0 40 r1 H H 0040 0040 400z 70,-,i 4000 vn0 4OH 4Hn n 04'< 0 0 n z 0 x n z 04040 nn Z y y 40 x m� x rN H x m M x m H 40 40 0 ro7Pi n)Hr L1i mCCD 0CCn mea) 'i)Hx1 rorty r 4[< 0 r x 00 r 0 Cn r 0 C C 0 C C C7 C C ?0 r cG x W H W x1 W C5. 4 w W w w 0 w (1N [ N N 4 40 N (1) N CO N C/) N 40 N N ',i] N n N H 40 N tr) N tr) N Cr) N x N [y w 40 w 0 W H O W Al W 40 W 40 W CD W H w C W c W n W c W c w c w w y C7 Cr) O H H H 0 O 0 Z H [r) to O CD Cr] N O Z H 0 Z Cr) rT L HI'I'IIM 73 HDVHH LS89-95Z-1,06 SHDIIV aS NMK'I Ol O m W 4W U1 H H H o O • 0 • 0 0 0 0 01 Ol O1 O1 01 01 01 0) 0) 0) 0) 0) 0) • N z 40 40 HDIA2iHs CHIVA/NMFII [r] Cr) Czr) tri Cr) Ctrl NOT OTHERWISE CLASSIFIED 8LE9-OtL-b06 It9t-S9S-606 HDI33O `voiaaw 08bt-6bZ-b06 MISCELLANEOUS PROFESSIONAL 08bt-66Z-06 MISCELLANEOUS PROFESSIONAL O9bI-6bZ-1706 2IHSIK2iddV 3LKLs3 'Iii3li OZ66-6bZ-V06 n O 01 Cil 0 0 01 10 0 0 01 m 6866-tIZ-1706 MISCELLANEOUS PROFESSIONAL SS3HOGV SS3NISne # HNOHd Sf1H r 0040 r-• H 3WVN SS3NISf1H NOILVDI3ISS'd'ID 7 3 rn Cr) O 40 N 3) \ N 7 0 • R H• n 0 m to H (3 N n •• (1 0 al z Z 4040 t� ror H H n 0 40 r n 40 H O 400 [m[0 ro z H 0 • CD O 40 Z K n 40Cr)H ✓ y H 2 r .• H H • N tri0 zi040 Cf) 01 CO 40 'd 400 O 40 x7 Cr3yy ro4 H CD CD l Cr) K z .. x n [ ✓ O CO • 0) m \ z 0) 0 4r) H Cn \cn x440 r 40 H 3 n ote r 40 0 4 O1 m \ Ctl W m O 0 ON 40 :11 AGENDA ITEM #4B JULY 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Utility Installation at Sawgrass Chapel Place Bid No. 0506-11 SUBMITTED BY: Donna Kaluzniak, Utility Directorql DATE: June 30, 2006 BACKGROUND: Beaches Habitat requested financial assistance to install utilities for a low- income housing project called Sawgrass Chapel Place. This small subdivision will be located on the north side of Dutton Island Road West between Mealy Street and Alley Road. The City offered to provide $50,000 of our Community Development Block Grant (CDBG) funds toward the utility installation. The City agreed to manage the entire utility installation project, including bidding, contract award, and inspection. The estimated cost of the project was $112,000. After the project is complete and accepted, Beaches Habitat will reimburse the City for all costs that exceeded the $50,000 contribution. Bids were advertised and four contractors met prequalification requirements and attended the mandatory pre-bid meeting. Two contractors submitted bids, and both contractors submitted all required documents, and met the CDBG requirements. BUDGET: A total of $50,000 from the City's CDBG funds will be used for the project. Monies from the Water and Sewer Utility Fund in the amount of $164,603.40 will be transferred for the remaining project costs. Upon completion and acceptance of the project, Beaches Habitat will reimburse the City for all costs over $50,000 as established in the agreement the City approved at the May 8, 2006 Commission meeting. RECOMMENDATION: Award the contract for Utility Installation at Sawgrass Chapel Place to Gruhn May, Inc. in the amount of $195,094, approve a contingency amount of $19,509.40, and authorize the City Manager to sign the contract. ATTACHMENTS: 1. Bid tabulation form. 2. Bid analysis REVIEWED BY CITY MANAGER: 1 Gruhn May, Inc. Gibbs & Register Base Bid $195,094.00 $323,985.00 10% Contingency $19,509.40 $32,398.50 Total $214,603.40 $356,383.50 BUDGET: A total of $50,000 from the City's CDBG funds will be used for the project. Monies from the Water and Sewer Utility Fund in the amount of $164,603.40 will be transferred for the remaining project costs. Upon completion and acceptance of the project, Beaches Habitat will reimburse the City for all costs over $50,000 as established in the agreement the City approved at the May 8, 2006 Commission meeting. RECOMMENDATION: Award the contract for Utility Installation at Sawgrass Chapel Place to Gruhn May, Inc. in the amount of $195,094, approve a contingency amount of $19,509.40, and authorize the City Manager to sign the contract. ATTACHMENTS: 1. Bid tabulation form. 2. Bid analysis REVIEWED BY CITY MANAGER: 1 Award of Bid based on Department Analysis and Commission Approval AGENDA ITEM #4B JULY 10, 2006 Total: Base Bid Pius Ten Percent (10%) Contingency Teal Percent (10%) Contingency :018 3SV8 pau6!s pue pa;aldwoa wJo j 6 -AA llAePUJV AtafeS Lloua.I }uaweleTs ewlia fg4u3 ollgit sleul6up - sawoipao eoueJnsul wiod aoeld)IJof sau 6i-ua- Checklist - Documents Requirements, Signed Bid Bond in the Amount of Five percent (5%) of the Bid Affirmative Action and Utilization Plan Addenda - Documentation of Receipt Triplicate Documents Submitted swewnooa paiinbej ft CO t?f O CD O ea a to O 0 O x x x Z_ zZ_ x oul `ifew uyni° 40) w 0 w co is+ O EA w CD CO w 0 N CA) 10 03 w 0 O x X X x x x x Z a x oul `1a;sl6aj'R sggm 11) 8-9090 # CVO 0 v G) CO N 0 O w N 0 ca N 0 � mW m 73 Re m m b O 2 m w -1 0 8 0 O AGENDA ITEM #4B JULY 10, 2006 Q g,3 N N N C5 -. O0 -' Co -: -4 a O _' C71 4a j C,) NI s -� _'CD 4 CO 'tet to 3)7 .4.W N -i 'BID ANALYSIS - CDBG 2006 — SAWGRASS CHAPEL PLACE WATER AND SEW Total Base Bid Plus 10% Contingency Ten Percent (10%) Contingency of Subtotal Total Base Bid (Items 1-22) Relocate 24" Force Main in Dutton Island Road. Pavement Repair Relocate 18" Laurel Oak Grassing 1TV Inspection Report a. Long b. Short [6" Sanitary Sewer Services Core Exst S.S.M.H. wall, install rubber boot wIS.S. clamps. Fill interior void areas w/non-shrink grout. Install Sanitary Sewer Inverts 1Install Sanitary Sewer Manholes Furnish and Install 8" PVC Service Main Dewatering Quality Control Testing Furnish and Install Bacteriological Sample Point Assembly Abandon in place 2" water main Furnish and Install Water Meter, Box and Service b. 2" Gate Valve w/box and collar Furnish and Install 6" Fire Hydrant Assembly and Fittings a. 6" Gate Valve w/box and collar f. 6" Tee g. 6" x 6" Tapping Sleeve p 9 X N o) d. 6" 45° Elbows c. 2" 90° Elbows a. 0 (0 Oo M o m a. 8" x 6" transitional couplings c. 2" diameter DR 25 PVC b. 6" open cut I a. 6" diameter DR 25 PVC Install PVC Water Main Site Work Maintenance of Traffic K a. N Coct 1 50 1 650 s Co N + Cn A(0 CO CO s N j0 N i Co N -+ N s N A 55 1 508 -A. ....A.i p LS SY LS SY LS EA EA DDT LF LS D LS EA DDD EA EA DD EA 1 D EA LF LF LF LS ��=I 4A G-4 W O 064-0b 4A O V 0 0)00)0000 0 0 0 0 40 U)fAW 0 0 44 CA V 0 0 0 0 44 W 01 O 0 b O 00000000000 0 44 4P Cn O 0 -co C)1 0 4A x 0 "s O• 0 0 44 In 0 0 49 -' O 0 0 4A W 1 0 0 44 a) 64 in -4 0 Cn 0 0 44 N O O 0 40 "4A 0 0 0000000 0 0 4CAn to 0. 44 O 0 0) O 0 44 O 0 4A 0 N 3310 0 CD 0 $40.001 N N 0 000m 0 44 N 0 0 O 0 0 0 C Z 0 Gibbs & Register, Inc. :CT CW 0) co co CC,,nn 0 N C,) CO 01 Cn 0 44 N co 10 co Cn O 0 69 69 4A v W W CO O CD O 4 0 O O 01 0 0 0 0 0 0 0 0 0 0 0 0 0 69 C))4 0 0 0 0 0 4A 69 -4 Oo a. 0 0 0 0 0 0 0 0 69 Co Cn O O b O $3,000.00 40 Co O O 0 0 0 W CO Co co 0 0 0 4A V co OO 0 0 0 69 .A O 0 0 0 0 4A W O 0 0 0 0 4A -; O 0 0 0 0 to C)) O 0 0 0 0 -> — W 69 -0 4 0 C)1 0 0 0 0 0 0 49 CD O O 0 0 0 69 4A -co co O O 0 0 0 0 0 0 4A 331 Cn 0 0 0 4A -+ N O 0 0 0 .� N O 0 0 0 69 - N O 0 0 0 40 0 0 0 ZS -4 Cn O 0 4A CO 'co O 0 O 0 N O W Na 0 O 0 N N 0 O 0 O 0 4R N 0 O 0 o 0 W 0 0 O 0 p AMOUNT $27,180.00 $45.00 $1,200.00 $4.50 N N 0 co 4A 6) V Co 0 O O . co O b 4A69 01 O O -co O O $48.00 4_) f4 0 pNp o 0 W CD 0 0 CG) O 0 4A Cppl 4a 0 ) 69 N -.1 0 0 0 0 4A to Na 0 W {!3 0) .a, 0 0 0 0 &9 co 0 0 .t► 0 0 4A -, 0 0 4A 4P 01 0 GH -� 0 0 i O 0 69 -+ Cn tl01 0 69 CO 0 69 N O O O N p O O O O O O UNIT PRICE 1 G) $214,603.401 -G9 -+ 00 OO 4A s OO Cn 0 49 44 4fl N -i N CO R) N N O Cn Cn O Ca 0 0 0 O O O 1 $27,180.001 4fl N N O 0 o O EA 4) 01 W . O 0 0 oO O0 $810.001 .69 N 0) OO O O© OO 69 Na W N O $38,352.001 40 -. -+ C oOONO031CDOCn-000O W 00000000Oo000000 0000000000000000 4) -+ N 0 49 0) 0 -fig -x W 0 40 "4 O 0 44 O 49 A - 0 0 44ImI N44->CnCn V0) 00 49 A 0 W 0 a) 0 -, 0 oo 0 0)0) 0O 40 Cn N Cn 0 0 $16,256.001 I00'000'Z 6$ fR N OOO O OO O 44 OOCO O O AMOUNT 1 `n1..< 5 n AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Hopkins Creek - Final Design Services Jim Hanson; July 5, 2006 AGENDA ITEM #4C JULY 10, 2006 City efforts to acquire the parcel required for construction of the Hopkins Creek Regional Retention Facility are nearing fruition. In April 2003, Camp, Dresser & McKee, Inc. (CDM) was chosen as the Hopkins Creek Design Consultant following RFP evaluation. CDM submitted the Preliminary Design Report and 30% Engineering Design to the City in November 2003 under a Scope of Services negotiated in June 2003. This report is a request to enter into an agreement with CDM to complete the Design of the Hopkins Creek Facility and to provide Construction Engineering & Inspection services during actual construction of the pond. BUDGET: The Current year (FY2006) Stormwater Capital Account (470-0000- 538-6300) has $1,300,000 budgeted for construction of the Hopkins Creek Pond (Project PW0309). CDM's estimated budget for the project is $128,792. RECOMMENDATION: Authorize Staff to negotiate with CDM for a Scope of Services for final design and construction of the Hopkins Creek Regional Retention Facility. ATTACHMENTS: 1. CDM Budget Estimate July 10, 2006 Regular Meeting Total Budget (Less Phase A - Which is Complete) Total Not to Exceed Cost Total Lump Sum Cost Other Direct Costs (Lump Sum) Outside Professionals (Not to exceed amount) Total Labor Cost (Not to Exceed Sum) Total Labor Cost (Lump Sum) rt! (Full Size Set Conies ) -� `d. OD n O D (D U) 0 - N (Express Service Microcomputer CAD Computer (GIS) Other Direct Costs N O 0 V 01 0 N O O 0 N 0 CO 0 N O (J1 Number N 01 O o U1 o O 1.4 U7 o O 0 49 O\ O 0 1-, O 0 Cost I $138,637 ..IWP 01 Q1 µ W co N N )-E 01 ..,..1 'co CO O co CO ra ON 01 N Cr` Ul f!i 01 O EPr CO 01 Efr 01 O �fl O O 4, CO O is. ON O H O o rt H 0 N O OJW {fl 0 n U) 0 m 0 0 m m Cn N 0 O 01 0 W -01 O 0 O N 0 m m 1n 0 0) N N ines CT' IP 03 CO w 1N0, co 1144 1WP 900Z N £00Z r 0 rD 0- 0 0 0 0 O by P. CI) fid 0 z 0 0 X (D 0 0 O U) ro En 54 R 0 z 0 O X 0 ga 0 0 0 O ra 0 -d O tzd L�. 7,1 (0ry ro 1n Ul 0 m cnO W O 0 0 n 0 0 0. O 1 co cn 0 (0 0 O ro 5 cort CkO C -coroC 1n 1. m uopduasaQ >Tszs, 411 O\ V O O O O O O O N O O W w 00 N O CO !P O O V 01 0 CO N 0 4- 0 0 0 CO O 14. N N O1 0 O 43, if 3 01 01 O 43. O O !A O rA 43. 1P U1 O O O O O CO O W O ON O O O -EP/ 01 01 01 43, O O O N n3 O O CO U1 O N O CO 01 0 CO 43, N N N O Co O O O W O co co O1 N ON W CIN ON con a\ H N 5' n m o p fA CO ((J1 fa W W 0: V ON\ 0: W W O Co N N ft ON 14, ffl W O Co O co 1P (0 r• K 0 n 0 0 n 41 AGENDA ITEM #4C JULY 10, 2006 O J.n ( 0 PI' (D O l� P) Cfq rr 0 p' 4 IQ N 5 H cn rt n W cd Crq w - h7 n AGENDA ITEM #7A JULY 10, 2006 ORDINANCE NO 90-06-194 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1- Calling for referendum Election Amending Charter. A referendum shall be added to the election ballot on to amend Sec. 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows: "Sec. 59. Zoning, , 2006, .i. 1• • •.u•s : •at .t• 14..n u C i to .••f Zoning and T.and T)evelnpment Regilatinns shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances, except .. IS . - 1. I" 11.. .. .. . - • . . . . • . 1 1 11' . • Beach exceed thirty-five (35) feet 1 -I-1 1• - .. 1 1" GB may he repaired tn that existing height, no alterations may be made to any building which wnuld came that building tn exceed 15 feet in height, and this 1.r- 1 • 11 �. 11 .1 1 ..-rt .. 1- - - -• ronstibitinnal statutory or common law that requests to exceed the maximum building bei• t of thirty-fiveM) feet or twenty-five(25) feet, as applicable, may be considered and approved only within non-residential land use categories for non- residential develnpment, only for exterior arcbitectural desi • elements, exterior decks nr porches, and only as approved by the City Commissinn pursuant to the applicable seri-inn of the City code The only prnperfy excepted frnm this hei,t limitatinn shall he a portion nf the existing Sea Turtle Tnn hotel property, located at 1 Ocean Boulevard, Atlantic Beach, Florida, which pnrtion is bounded by Ahem Street on the north, the Atlantic Ocean nn the east, Atlantic Boulevard on the south, and Ocean Boulevard nn the west, and nnly that part nf .said prope existing footprint of the buildings on the property as of the effective date of this f)rdinance, regardless of how any buildings may be located on the property in the future, together with that port of said property extending west from the existing Ordinance No. 90-06-194 Page 1 of 3 .1 1 -• . • . I I ' I ,' 10 ' I/ 11, I I ' I I ' I ,1 I . I I 9 AGENDA ITEM #7A JULY 10, 2006 property line, no closer than fifty (5n) feet to the south prnpPrly Iinp, with nn more than a mwrimum width of one hundred (100) feet and containing an ndditinnnl fnnlprint nf no mnry than eleven thousand five hundred (11,500 cgnary ff.Pt TNnwever, any fithire develnpment, redevelnpment nr expansion nn this pnrtinn nf the property whinh is proposed to exceed thirty-five (15) feet in hei • t shall he siihjert to approval by the City Cnmmissinn and .shall in nn event exceed the bei.ht of the existing hotel tower building as of the effective date nf this Ordinance Amendments to this Section of the City Charter shall he made nnly in accordance with Article X nf the Charter, Tnitiative and Referendum " SECTIONi. Form of Ballot and Election Question. follows: The form of ballot and election question to be used in said election shall be as CHAR'I'ER ELECTION BALLOT , 2006 CITY OF ATLANTIC BEACH BAT ,LOT TITLE- Amending Sec. 59 of the Atlantic Beach Charter to "Zoning, Land Development Regulations and Maximum Building Height." RAT,T,OT SUMMARY. Amending Sec. 59 of the Atlantic Beach Charter limiting height of all buildings to 35 feet, allowing buildings presently exceeding 35 feet to be repaired nr replaced to existing height, prohibiting alterations that would cause building height to exceed 35 feet, allowing certain exterior architectural design elements in non-residential areas to exceed the height limitation only upon approval by the City commission, allowing an exception for a portion of the existing Sea Turtle Inn property, and not restricting any property owner's vested rights under constitutional, statutory or common law. Shall the above Charter amendment be adopted? Yes(approve amendment) No(reject amendment) SECTION 3- Effective date of Charter amendment. If approved by a majority of the voters at the election on , 2006, then the Charter amendment shall take effect immediately. Ordinance No. 90-06-194 Page 2 of 3 2006. AGENDA ITEM #7A JULY 10, 2006 SFC TTON 4_ Effective date of this Ordinance. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 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 foili and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Ordinance No. 90-06-194 Page 3 of 3 AGENDA ITEM #7B JULY 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 20-06-79 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. SUBMITTED BY: Nelson Van Liere Finance Director DATE: July 3, 2006 BACKGROUND: BUDGET: Towards the end of each fiscal year, a number of small budgetary adjustments are necessary to fund items that arose during the year. This ordinance funds the following items: ® Installation of hurricane window protection at City Hall. The original budget was $10,000. The product selected was $15,933. • The City Commission will attend the Florida League of Cities Seminar this year and incur additional operating expenses. ® The City has a number of on-going legal cases requiring additional funding. The estimate necessary to cover current costs is an additional $20,000 • The City has entered into a construction contract for water and sewer utility extensions at Sawgrass Chapel Place. Beaches Habit will reimburse the City for all costs in excess of the Community Development Block Grant Funds available for this project. The additional $94,009 will be fully reimbursed by Beaches Habitat. 0 The total impact of this ordinance on the City's budgeted fund balance is $32,600. The project cost for the water and sewer funds of $94,009 is off -set by the reimbursement revenue and therefore has no net effect on fund balance. RECOMMENDATION: Approve Ordinance No. 20-06-79 ATTACHMENTS: Ordinance No. 20-06-79 REVIEWED BY CITY MANAGER: AGENDA ITEM #7B JULY 10, 2006 ORDINANCE NO. 20-0679 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time, and WHEREAS, additional funds for the hurricane window protection for City Hall, anticipated increased operating expenses for the City Commission related to the Florida League of Cities seminar and other operating supplies, additional funds for on going legal cases, and funds for the utility installation at Sawgrass Chapel Place are included in this ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMESSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2005/2006 Final Budget be amended as follows: General Fund Expenses: City Administration City Commission Other Current Charges $6,600 Legal Services Professional Services 20,000 Total General Fund 26,600 Change in Fund Balance <$26,600> Half Cent Sales Tax Fund Expenses: General Government Capital Outlay — Equipment $6,000 Change in Fund Balance <$6,000> Water Utility Fund Revenues: Reimbursement from Beaches Habitat $28,203 Expenses: Distribution Capital Outlay — Improvements AGENDA ITEM #7B JULY 10, 2006 28,203 Change in Fund Balance $0 Sewer Utility Fund Revenues: Reimbursement from Beaches Habitat $65,806 Expenses: Collection Capital Outlay — Improvements 65,806 Change in Fund Balance $0 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of July, 2006. Passed by the City Commission on second and final reading this day of July, 2006. Donald M. Wolfson Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna Bussey City Clerk AGENDA ITEM #8A JULY 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Judy Jenness for a Use -by -Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on -premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) SUBMITTED BY: Sonya Doerr, AICP ,41) Community Development Director DATE: June 28, 2006 BACKGROUND: The owners of the Atlantic Theatre received a Use -by -Exception on March 28, 2005 to allow Live Entertainment for a comedy club and also to allow on -premise consumption of alcoholic beverages. This request seeks a Use -by -Exception for an additional business to share the existing theatre space also with on -premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) The Applicant proposes to relocate the existing Freebird Cafe in Jacksonville Beach to this location in Atlantic Beach, although this location is not proposed to contain food service. BUDGET: No budget issues. RECOMMENDATION: The Community Development Board unanimously recommended approval of this request at their June 20, 2006 meeting. ATTACHMENTS: Draft Community Development Board minutes, Use -by -Exception application and supporting documents. REVIEWED BY CITY MANAGER: July 10, 2006 regular meeting AGENDA ITEM #8A JULY 10, 2006 Draft Minutes, Item 5.a. UBE-2006-03 June 20, 2006 Community Development Board meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 20, 2006 A regular meeting of the Community Development Board was held on Tuesday, June 20, 2006, in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, Steve Jenkins, Craig Burkhart, Dave Maclnnes, Carolyn Woods, Chris Lambertson, Lynn Drysdale (arrived at 7:16 p.m.) Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Jeanne Shaw. 5. New Business. a. UBE-2006-03, Judy Jenness. Request for a Use -by -Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard. The owners of the Atlantic Theatre received a Use - by -Exception on March 28, 2005 to allow Live Entertainment for a comedy club and also to allow on -premise consumption of alcoholic beverages. This request seeks a Use -by - Exception for a new Applicant to share space with the existing comedy club, also including on -premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) The proposed new business would be the Freebird Cafe, which proposes to relocate from Jacksonville Beach to the Atlantic Theatre site. Chairman Jacobson explained the procedure for a Use -by -Exception request stating that the CD Board makes a recommendation to the City Commission on such applications. The following people addressed the Board in support of the applicant: Gerard Vemuey, architect, 65 Shell Street; Judy Jenness, applicant, 1836 Nightfall Drive, Neptune Beach; Tom Fallon, general manager of the Atlantic Theatre Comedy Club, 1144 Hamlet Lane East, Neptune Beach; Leslie Targonski, sound engineer, 7818 Lady Smith Lane, Jacksonville. Mr. Verney reviewed the current status of the Atlantic Theatres noting that half of the building is currently used for the comedy club, and Ms. Jenness is interested in using the other half of the building for relocating her business, the Freebird Cafe, from Jacksonville Beach. He noted that the site has ample parking in front and that there is already an existing bar within the building. Mr. Vermey supported Ms. Jenness' request for the Use -by - Exception. Ms. Jenness indicated her desire to relocate in order to have a larger venue so that more national music acts could be booked. She indicated that her business is capable of addressing the issues of noise, parking, and security and that her sound engineer is here to answer any questions regarding sound issues. Mr. Fallon expressed his support of Ms. Jenness' application and noted that currently much of the space within the theatre facility is unused. He believed that Ms. Jenness' business would be a compatible use with the existing comedy club. He stated that the music shows would not be scheduled seven nights per week and that the shows would begin around 10:00 p.m. AGENDA ITEM #8A JULY 10, 2006 Draft Minutes, Item 5. a. UBE-2006-03 June 20, 2006 Community Development Board meeting Chairman Jacobson asked if the Board had any questions. Mr. Jenkins asked Ms. Jenness to specify the exact hours of operation being requested in her Use -by -Exception. Ms. Jenness noted that currently her business is open until 2:00 a.m. but that they would like to make their hours of operation begin and end earlier in the new location. Mr. Jenkins asked for further clarification, and Ms. Jenness indicated that most of their shows would end around 12:30 or 1:00 a.m., but that the maximum hours of operation being requested would be until 2:00 a.m. Mr. Jenkins asked how she has addressed security issues. Ms. Jenness responded that she has met with the Chief of Police for Atlantic Beach to discuss these issues. She stated that she hires the appropriate amount of private security officers for all of the shows and discussed the type of security in more detail. Board Member Lynn Drysdale joined the meeting at 7:16 p.m. Chairman Jacobson inquired into the expected clientele of the business. Ms. Jenness described the variety of people, stating that clientele tended more to be in their 30s -40s and that it depended on the type of show and music. The Chair asked Chief David Thompson, Director of Public Safety, if he would like to provide any information concerning the application. Chief Thompson acknowledged that he had met with Ms. Jenness and her staff and discussed the issues involved with live music and alcohol. He discussed the estimated number of people attending the events and the sound issues that could affect the neighborhood in proximity to the location. He encouraged the business to provide their own private security officers. Chief Thompson provided statistics of police calls received from the vicinity of the current Freebird Cafe in Jacksonville Beach. Chief Thompson explained that a good many of the reports did not occur in the Freebird, or may not have had any connection with the Freebird, but that the Freebird location was rather used as a "landmark" for identifying the general location of an incident since it was well known. Chief Thompson further addressed the type and number of calls reported. In closing, Chief Thompson stated that he believed that most instances at the Freebird Cafe have been handled well by the security provided by the business. Ms. Woods questioned the applicant's plans for monitoring and addressing the noise outside of the building. Mr. Targonski, sound engineer for the applicant, responded and provided technical details on how the sound will be measured and adjusted appropriately. It was noted by Chief Thompson that the City Code does not have a specific decibel limit for noise and that the issue is a judgment call addressed and based upon complaints and police calls. Discussion ensued regarding means to manage the noise from the establishment. Mr. Targonski stated that he has confident they could address any noise. issues such that noise would not be a problem for residents behind the property. In response to questions from the Board, Mr. Fallon indicated that the business might be adding an additional service bar in the building. Ms. Jenness answered questions regarding seating capacity by responding that the establishment will be standing/dancing room only. The applicant noted that their shows would not be occurring simultaneously with the comedy club acts and that there is ample parking on the property. AGENDA ITEM #8A JULY 10, 2006 Draft Minutes, Item 5.a. UBE-2006-03 June 20, 2006 Community Development Board meeting Chairman Jacobson inquired as to the specific nature of the business: is it a night club concept or a concert hall? Ms. Jenness responded that it is a live music venue with drinks and dancing. Ms. Drysdale asked if the issue of loading spaces at the rear of the building would create the same problems as had occurred in the Jacksonville Beach location. Ms. Jenness indicated that the problems with bus parking and loading issues have been resolved in Jacksonville Beach and that this location had ample room for bus and delivery parking. Ms. Jenness stated that the business prefers to use only the ground floor level, but may consider utilizing the upstairs area for special VIP customer viewing at certain shows. The Chairman opened the floor to public comments. Steve Foraker, Sixth Street, strongly supported the Freebird Cafe relocating in Atlantic Beach and spoke highly of Ms. Jenness' manner of operating her business in Jacksonville Beach. He believed it would be an asset for the community. Carol Schwarz, Tierra Verde Drive, did not support this type of business activity in Atlantic Beach and did not believe it fit in with the City's family character. Judy Truitt, 315 Second Street, spoke in favor of the club moving to Atlantic Beach. R.D. De Carle, 51 Beach Avenue, spoke in favor of the request and believed the business books quality acts that would not otherwise come to the beaches. There being no further public comments, the Chairman closed the public hearing and brought the request back to the Board for discussion. A motion was made by Mr. Burkhart, seconded by Mr. Maclnnes, and passed unanimously to recommend approval to the City Commission of the request as presented. AGENDA ITEM #8A JULY 10, 2006 Agenda Item 5.c. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT June 20, 2006 Public Hearing Use -by -Exception, Judy Jenness (File No. UBE-2006-03) To: Community Development Board From: Planning, Zoning and Community Development Department Date: June 7, 2006 Subject: UBE-2006-03 Applicant: Judy Jenness 1836 Nightfall Drive Neptune Beach, Florida 32266 Requested Change: Request to expand an existing Use -by -Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard. The owners of the Atlantic Theatre received a Use -by -Exception on March 28, 2005 to allow Live Entertainment for a comedy club and also to allow on -premise consumption of alcoholic beverages. This request seeks a Use -by -Exception for an additional business to allow on -premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) The Applicant proposes to relocate the existing Freebird Cafe in Jacksonville Beach to this location in Atlantic Beach, although this location is not proposed to contain food service. Location: 751 Atlantic Boulevard Surrounding Zoning: CG and RG -2 Surrounding Land Use: Various commercial and multi -family residential uses. AGENDA ITEM #8A JULY 10, 2006 STAFF COMMENTS AND RECOMMENDATION This request seeks approval of a Use -by -Exception to allow the foimer Atlantic Theatre site to also be used as a live music entertainment venue. The existing Use -by -Exception for the Atlantic Theatre allows for live entertainment for a comedy club with on-site consumption of Alcoholic Beverages. This business is now operating and will continue to operate. Staff is advised that, if approved, the two businesses will share the space within the Building, which was fully renovated several years ago. The Applicant has stated that the only change in the manner in which the comedy club now operates would be the addition of live musical performances (indoors only.) There will not be a restaurant or food service in association with this business. The Applicant currently operates the Freebird Cafe in Jacksonville Beach, which is fully surrounded by other restaurant, bar, nightclub and entertainment 'district type uses. While this property has been a theatre or other type of entertainment use since constructed in 1964, it is adjacent to multi -family residential to the rear of the site. The Applicant should fully address sound -proofing, hours of operation and security, specifically related to how such issues might adversely effect neighboring residential uses. In considering this request and any recommendation to the City Commission to approve the request, the Community Development Board should consider the following description of General Commercial areas, and find that the proposed business is consistent with General Commercial activities. General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation.... SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of this Use -by -Exception to allow Live Musical Entertainment, indoors only, within the existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic Beverages in the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, provided: (Provide findings of fact similar to the following, and attach conditions as may be appropriate.) 1. Approval of this Use -by -Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and also Section 24-111, the Commercial General District Regulations. 2 AGENDA ITEM #8A JULY 10, 2006 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. 4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the Commercial Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of this Use -by -Exception to allow Live Musical Entertainment, indoors only, within :the existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic Beverages the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, provided: (Provide findings of fact similar to the following.) 1. Approval of this Use -by -Exception is not in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and/or Section 24-111, the Commercial Limited District Regulations because 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial Future Land Use designation because H*PLANNING\USE-BY-EXCEPTION FILES\UBE-2006-03 (J. Jenness)\CDB Staff Report.doc 3 AGENDA ITEM #8A JULY 10, 2006 APPLICATION FOR A USE -BY -EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www/ci.atlantic-beach.fl.us Date File No. (4, r "'zCia-o3 1. Applicant's Name 2. Applicant's Address 3. Property Location JUtYi' J 4.) 5 Receipt 7 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 7. Requested Use -by -Exception (p, _ r-;; - 8. Size of Parcel \1 000 4 1 rock4. , Lot No. 6. ComprehensivejPlan Future Land Use des}gnation .er-1' _. 2:\ 4�x.-¢� Aj.,.... ,..4-1 ;,_ i aVV,11 9. Utility Provider 10. Statement of facts and special reasons for requested Use -by -Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies: Four (4),, except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): t ) L=' F ~ Signature(s): ,GIC ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICCATION Name: +:TL. i C 'y •-.1 p Mailing Address: , I ` 4 j n", � ` : �rs = i N t }L � � ; Fr'' .c r.. Phone: 1(1 FAX: _----a E-mail: AGENDA ITEM #8A JULY 10, 2006 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and co venience, traffic flow land control and access in case of fires or catastrophe. t re-t---3 pt - J r ,int , I CP , - ..r , -r 2. Parking and oading Spaces, where required, with particular— attention to the items in /N • above. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception bein re uested. ' 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; �`- T 5. Utili ies, with reference to loc,.tions, ava ability and mpatibility; 6. If adjacent uses are different types of uses, describe type of screenin between your use and the adjacent use. ate, ) and buffering that will be provided 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility an harmoonwit properties in the Dis 'ct; (See Signs and t advertising, Chapter 17.) 'fr ,i j >i !4-2 -,0(.3t4 , 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the well as consistency with applicable Revisions of the Compreke sive Plan. P,‹ !10, IG ouundina Zoning District as NY_ Other information you may Axvih to provide: It 1-1 Ji- FzcimeNA, 11 1 V V IV V • W6MEN AAAAAA 0 0 0 0 0000 11,/111. Al\ts1' a 000 EL -y- AGENDA ITEM #8A JULY 10, 2006 _NEvi• -R-061,1 DIZESSING- Rcoli -HEW EXIT —74 -rff+ait-pKa. = EXas-1114& WALLS j 4. NEW EXIT 1,1 BAR. -11 • , ,/. . / 6 LDRE, AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENTS: AGENDA ITEM #8B JULY 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Draft Resolution from the Cultural Arts and Recreation Committee to Purchase and Install two Marquees Timmy Johnson, Parks & Recreation Director June 30, 2006 The Cultural Arts and Recreation Committee provide a number of programs and have discussed several ways to advertise the programs. Currently the committee is advertising in the city newsletter, the local newspaper, on the city website, flyers, word of mouth and magazines. Although excellent places to advertise, the committee recommends purchasing and installing a marquee at the corner of Mayport Road and Plaza Drive and at the corner of Atlantic Blvd and Seminole Road. None Place the purchase and installation of two marquees as a committee budget item and discuss at the budget workshop Draft Resolution REVI hWED BY CITY MANAGER: AGENDA ITEM #8B JULY 10, 2006 DRAFT RESOLUTION FOR ATLANTIC BEACH CULTURAL ARTS AND RECREATION CULTURAL ARTS AND RECREATIONAL ADVISORY COMMITTEE FOR PURCHASE OF MARQUEE A RESOLUTION OF THE CITY OF ATLANTIC BEACH TO PURCHASE A MARQUEE. WHEREAS, the City of Atlantic Beach provides many great programs for its citizens; and WHEREAS, the City of Atlantic Beach has many active committees developing these programs: and WHEREAS, citizens are not always informed of the events hosted by the City of Atlantic Beach; and WHEREAS, these programs are not always attended as well as they could be or should be; and WHEREAS, the City of Atlantic Beach and its committees depend heavily on private newspapers to advertise and notify citizens of upcoming events; and WHEREAS, the monthly newsletter placed in utility bills, although excellent, is not always timely to advertise all events; and WHEREAS, the calendar of events on the City of Atlantic Beach website, although excellent, only notifies those who actively seek out the information and have ready access to the Internet, and WHEREAS, the single marquee currently erected behind City Hall at the 5 -way intersection provides advertisement and notification for a small and select m Tiber of the citizens of Atlantic Beach, entirely missing a much larger population of citizens; and WHEREAS, the City of Atlantic Beach owns several locations that would provide excellent locations for marquees to notify citizens. One location being at the retention pond at the intersection of Plaza and Mayport Road. Another location is at the City of Atlantic Beach sign further North on Mayport Road. WHEREAS, an unofficial poll of citizens participating in the "Tour De Parks — In Your Neighborhood" event held Saturday, April 22 almost unanimously supported the idea of an additional marquee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH TO PURCHASE AT LEAST ONE ADDITIONAL MARQUEE FOR USE BY THE CITY FOR TIMELY ADVERTISEMENT AND NOTIFICATION OF EVENTS. PASSED AND ADOP l'ED by the City of Atlantic Beach, this th Day of 2006 AGENDA ITEM #8C JULY 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Direction from City Commission to schedule and notice public hearings to consider and act upon an ordinance containing proposed Residential Development Standards, as recommended for adoption by the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP )120 Community Development Director DATE: July 3, 2006 BACKGROUND: The Community Development Board, at meetings on June 20th and June 29th, took further public comment and considered the fourth draft of proposed Residential Development Standards, which over the past six months, have been substantively revised to address comments and concerns of the community. Following extensive discussion and thorough review of the current draft, the Community Development Board recommended approval of this draft. In forwarding their recommendation to the City Commission, the CD Board expressed several thoughts that they wished to convey. • The one-year review period should include consideration of other residential areas of the City to determine if the regulations should be extended to such areas before inevitable development pressures, similar to those now seen in Old Atlantic Beach, extend to other neighborhoods. • The CD Board, during revision of the various drafts, has attempted to narrow the proposed regulations and focus upon those directly related to mass, scale and preservation of tree canopy, and not regulations that direct design of new residential dwellings. As proposed, the new Residential Development Standards would be added to the Zoning and Land Development Regulations as Section 24-172. Two public hearings with the customary first and second ordinance reading would be required to enact this amendment to the zoning regulations. BUDGET: No budget issues. RECOMMENDATION: Direction to Staff related to public hearing dates. (There is adequate time to notice the public hearings and the proposed Ordinance for the July 24th and the August 14th City Commission meetings.) ATTACHMENTS: Draft of proposed Residential Development Standards as recommended for approval by the Community Development Board. REVIEWED BY CITY MANAGER: July 10, 2006 regular meeting Draft as recommended for approval by the Community Development Board AGENDA ITEM #8( JULY 10, 2006 June 30, 2006 SECTION 24-172. Residential Development Standards (a) Purpose and Intent. The purpose and intent of these new regulations is to implement the goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan, as restated below. Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land Development Regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. (Atlantic Beach Subdivision A.) Policy A.1.4.4 Within Old Atlantic Beach, the City shall consider options to discourage the redevelopment of residential lots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that may result from new Development, which because of excessive height, mass or bulk may result in new development that excessively dominates established development patterns within neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties. (b) Applicability. The Development Standards set forth within this Section shall apply to Development of new Single-family and Two-family Dwellings within that area of the City generally referred to as Old Atlantic Beach, which for the purposes of this Section shall be bounded by: • Ahem Street between the beach and Sherry Drive on the south; • Sherry Drive, which becomes Seminole Road, extending north to 1 lth Street on the west; • 1 lth Street extending east to East Coast Drive; • East Coast Drive extending north to 16th Street, and 16th street extending east to the beach. Development, as used within this Section, shall also include total redevelopment of lots and certain renovations and additions to Single-family and Two-family Dwellings as set forth herein. (c) Additional Residential Development Standards. The following standards and requirements shall apply to that area defined in preceding paragraph (b), and as further and more specifically described for each particular standard or requirement. (1) Coverage by Buildings. To maintain a sense of openness and to allow for light, air and breezes, the following limits for the amount of a Lot or Parcel, which may be covered by the footprint of Buildings, shall be as follows: i. One-story single and two-family dwellings: 45% ii. Two-story single and two-family dwellings: 40% iii. Three-story single and two-family dwellings: 35% Buildings shall include the Principal Use Building and any permanently placed or constructed Buildings on the Lot. Page 1 of 4 AGENDA ITEM #8C JULY 10, 2006 Draft as recommended for approval by the Community Development Board June 30, 2006 (2) Floor Area Ratio (FAR). Floor Area Ratio limits are established to prevent incompatible mass and scale where new development might otherwise excessively dominate the existing streetscape and existing adjacent residences. FAR shall be defined as the ratio of total counted above -grade floor areas of certain Buildings on a Lot or Parcel compared to the total Lot Area. FAR = Total counted Floor Area ± Total Lot Area The following FAR provisions shall apply to new Single-family and Two-family Dwellings. i. Lots or Parcels that contain 6000 square feet of Lot Area or less shall be assumed to contain 6000 square feet of Lot Area, and Floor Area Ratio limits as set forth within this Section shall apply. For example, maximum Floor Area Ratio for a 5,200 square foot lot shall be calculated as if the lot size is 6000 square feet in size. ii. A maximum Floor Area Ratio limit of .70 shall apply. iii. FAR calculations shall be included on all Single-family Dwelling and Two-family Dwelling Construction Plans submitted to the City for review and permitting. iv. The following elements of a Single-family or Two-family Dwelling shall be counted in the FAR calculation. v. • Interior heated and cooled areas. • Porches, balconies, patios and breezeways with a solid cover or roof when enclosed by solid walls on more than two sides. • That portion of an attached garage exceeding 500 square feet of Floor Area. The following elements of a Single-family or Two-family Dwelling shall be excluded from the FAR calculation. • Porches, balconies, patios, breezeways, and decks (as well as overhangs, eaves, cantilevers, awnings and similar features) with a solid cover or roof, but not enclosed by solid walls on more than two sides. Such porches, balconies, patios, breezeways, and decks shall remain open on at least two sides and shall not later be enclosed in any manner. • Detached Private Garages that are incidental to the Principal Use on a Lot. Detached Private Garages shall remain subject to established size, height and placement regulations. • Carports that are open on two or more sides. (3) Side Wall Planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, particularly on two-story and three-story residences, the following standards shall apply to new two-story and three-story Single-family and Two-family Dwellings; to renovations involving Structural Alterations or additions to the sides of existing Single- family and Two-family Dwellings, and where a second or third -story is added to an existing Single-family and Two-family Dwelling. Page 2 of 4 Draft as recommended for approval by the Community Development Board AGENDA ITEM #8( JULY 10, 2006 June 30, 2006 i. Second and third -story exterior side walls, which exceed 35 -feet in length, shall provide horizontal offsets of at least four feet, or architectural details, design elements or other features, which serve to break-up the appearance of the side wall, such that adjacent properties are not faced on the side by blank two or three-story walls void of any architectural design other than siding material or windows. ii. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these shall not extend more than 24 -inches into the Required Side Yard, and that a minimum separation of 10 -feet is maintained between such extensions into the Required Side Yard and any other existing adjacent residential Buildings. (4) Height to Wall Plate. For Single-family and Two-family Dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation shall not exceed 22 -feet. The maximum height of Single-family and Two-family Dwellings shall remain 35 -feet as set forth elsewhere within these Land Development Regulations, except that an additional five-foot Required Front, Rear and Side Yard setback shall be required for third -story portions of a Single -Family or Two-family dwelling. (5) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade along the City's residential streets and sidewalks, one shade tree shall be provided within the Required Front Yard and an additional shade tree shall be required on the Lot in a location at the property owner's discretion in accordance with the following provisions: i. This requirement shall apply to the construction of new Single-family and Two-family Dwellings and to Structural Alterations of any Single-family and Two-family Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of Occupancy or prior to final inspections, as applicable. (The requirements of Chapter 23 of this Code shall also apply.) ii. Required Shade Trees shall have a minimum size of 4 -inch caliper at the time of installation. A list of allowable tree species is available from the City. iii. Credit shall be provided for the following, and additional Front Yard Shade Trees shall not be required in such cases. (a) Where healthy canopy trees exist in the Required Front Yard, which are listed on the recommended tree list and are at least 4 -inch caliper; or (b) where oak trees exist in the Required Front Yard, which are at least six (6) feet tall; or (c) where healthy street trees exist in the adjacent right-of-way, which are listed on the City's recommended tree list and are at least 4 -inch caliper. Where installation of a Front Yard Shade Tree is required, such tree shall not be planted within right-of- ways or over underground utilities. iv. Similarly, credit shall be given for the second required Shade Tree where such tree, as described above, exists elsewhere on the Lot. Page 3 of 4 Draft as recommended for approval by the Community Development Board AGENDA ITEM #8C JULY 10, 2006 June 30, 2006 (d) Special Treatment of Lawfully Existing Single-family and Two-family Dwellings made Nonconforming by enactment of Section 24-172, establishing these Residential Development Standards. It is the intent of this Section to clarify when these Residential Development Standards shall apply in the case of reconstruction or redevelopment following: (1) a natural act such as a hurricane, wind, flood or fire; or (2) redevelopment initiated by a property owner or authorized agent for a property owner. The following provisions shall be limited only to those characteristics, which would otherwise be made nonconforming from the requirements of this Section, which provides Residential Development Standards. The provisions of Section 24-85 shall otherwise apply to Nonconfoiining Lots, Uses and Structures. i. 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 or Two-family 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 or Two-family Dwelling shall be considered a lawful permitted Structure within the Lot or parcel containing the Vested Development. Furthermore, an existing Single-family or Two-family Dwelling for that particular Structure, 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. ii. 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 or Two-family 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 these Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded. (e) Annual Review of Residential Development Standards. These regulations shall be reviewed on an annual basis by City staff and the Community Development Board to assess the effectiveness of the regulations in accomplishing the stated Purpose and Intent of this Section. Annual review shall also consider other neighborhoods and residential areas of the City to evaluate the need to expand these Residential Development Standards to such areas. A report shall be presented to the City Commission during a public hearing, which summarizes this information and the applications made during the time from the previous report. If appropriate, revisions shall be made to address needs or deficiencies in accordance with Section 24-61 of these Land Development Regulations. Page 4 of 4 AGENDA ITEM #9A JULY 10, 2006 July 3, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso SUBJECT: Follow-up eport Traffic Study concerning proposed Wal-Mart in Neptune Beach; At the last commission meeting, the Commission asked if any traffic studies would be done to anticipate the impact of the proposed Wal-Mart to be located in Neptune Beach. The City Manager of Neptune Beach has reported that both the city and Wal-Mart will be doing their own traffic studies and that he would share both of those with the City of Atlantic Beach when they are available.