11-27-06 Agenda Packet v 111
City of Atlantic Beach
lit
110 - \I-ij- -ds. ,
y
J SIS
CilqCoininiiey�f+V��/t
I ag-enda
Nottentitex 27, 2CC6
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING NOVEMBER 27, 2006
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of November 13, 2006.
2. Courtesy of Floor to Visitors
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 Financial Reports and Utility Sales Report for
October 2006 (City Manager)
B. Award the annual contract for Landscape Maintenance for Public Works and
Utilities to Leeway in the amount of$53,280 (Bid No. 0607-1) (City Manager)
5. Committee Reports
None
6. Action on Resolutions
None
7. Action on Ordinances
A. Ordinance No. 20-06-82, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007
B. Ordinance No. 90-06-197, Public hearing and first reading to adopt proposed
amendments to Section 24-112 of the Land Development Regulations, the
Commercial General (CG) Zoning District regulations, including provisions
to address large scale retail development.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-
172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING
ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE
1
SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112,
COMMERCIAL GENERAL DISTRICTS, OF THE CODE OF ORDINANCES
FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE
C. Ordinance No. 95-06-92, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION,
SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17
APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE
8. Miscellaneous Business
A. Proposed Ordinance for Wellhead Protection(City Manager)
9. City Manager
A. City Manager's Report
10. Reports and/or requests from City Commissioners and City Attorney
A. Recommendation for reappointment to the Tree Conservation Board(Mayor)
B. Recommendation for a new member of the Tree Conservation Board(Mayor)
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, Wednesday,November 22, 2006.
2
MINUTES
REGULAR CITY COMMISSION MEETING
November 13, 2006
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson City Manager Jim Hanson
Mayor Pro Tern J. Dezmond Waters III City Clerk Donna L. Bussey
Commissioner Mike Borno
Commissioner Jamie Fletcher
ABSENT:
Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Fletcher.
Mayor welcomed the audience and explained the process for public comments.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
October 23, 2006
Motion: To approve the minutes of the Regular Commission Meeting on
October 23,2006 as written.
Moved by Borno, seconded by Waters
Votes:
Aye: 4 -Borno,Fletcher,Waters,Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Chief Thompson introduced the new Police Captain, Mike Classey. Captain Classey
thanked the city for the opportunity. Mayor Wolfson welcomed Captain Classey.
The Mayor opened the floor to visitors.
Mary Billotti,469 Pablo Point Drive,Jacksonville, speaking for the Pablo Point
Civic Association, advised the Commission of their opposition to amendment 2006D-
001. She indicated the proposed plans to develop would impact the wetlands,marshes,
and traffic. She presented a handout to the Commission stating her opposition and
urged the City to review the information.
Mayor Wolfson thanked her for the information.
Stephen A. Kuti, 1132 Linkside Drive, addressed a recent article regarding the Floor
Area Ratio. He indicated there were errors in the calculations.
November 13,2006 REGULAR COMMISSION MEETING Page 2
Kelly Elmore, 1650 Beach Avenue, speaking as the Consultant, Member of the Town
Center Agency and Resident of the City, spoke in favor of granting the parking waiver
to Via Mare(Item 8F) and reported his reasons.
Michael Hoffmann, 176 Camelia Street, addressed the sidewalk that runs along Rose
Street and West 2nd Street. He expressed safety concerns with the slope in the sidewalk
and asked the Commission to correct the sidewalk before constructing new sidewalks in
other areas. Mr. Hoffmann also addressed the noise and appearance of the south end of
Begonia Street near Tide Views Park. Mr. Hoffmann inquired about plans for a
natural barrier and requested an urban forester be brought in to evaluate the area and
propose a remedy.
Sarah Broadway,429 Pablo Point Drive,Jacksonville, distributed a handout and
spoke in opposition to 2006D-001 Amendment for Jacksonville. She referred to the
handout and emphasized the impact the plans would have on wildlife and marshes.
Patricia Hairston, 13560 Picarsa Drive,Jacksonville, spoke in opposition to 2006D-
001 Amendment for Jacksonville. She indicated the additional structures would bring
more density and create safety issues with increased traffic and slower evacuations
during emergency situations.
Don Ford,338 Sixth Street, spoke in favor of granting the parking waiver to Via Mare
(Item 8F) and reported his reasons for supporting the development plans.
Pat Pillmore,995 Camelia Street,thanked the Public Works Director for helping her
with a car problem. She also 1) requested a barrior between the sidewalk and the ditch
on Plaza Drive, 2) opposed to having a bike path down Main Street, and 3)believed the
Commission could fairly represent every neighborhood in Atlantic Beach without
districting.
Mayor closed the floor to visitors and acknowledged Former Mayors John Meserve and
Bill Gulliford.
Unfinished Business 3. Unfmished Business from Previous Meeting
from Previous Meeting A. City Manager's Follow-up Report
City Manager Jim Hanson indicated there is no follow-up report to present tonight.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Public Works and Utility Department
Reports for October 2006, Monthly Financial Reports for September 2006
and New Occupational Licenses issued in October 2006
B. Authorize the City Manager to sign documents as required to execute the
FY 2006-2007 CDBG contract
C. Approve the requested fee increase of$9,169.00 to the First Vehicle
Services contract for the period of 12/01/06 through 11/30/07, and
authorize the City Manager to sign the proposed contract amendment
November 13,2006 REGULAR COMMISSION MEETING Page 3
D. Authorize the City Manager to enter into an annual contract ending
9/30/07 with the Tennis Instructor, Brecht Catalan for use of the tennis
courts,Atlantic Beach Experimental Theater (ABET) for use of Adele
Grage Cultural Center and Atlantic Beach Athletic Association (ABAA)
for use of Russell Park baseball fields and concession stand
E. Authorize the City Manager to execute an agreement for professional
consulting services with the Northeast Florida Regional Planning Council
not to exceed$5000 for the purpose of assisting with the preparation,
public hearings and adoption of the Proportionate Fair-Share Ordinance
and corresponding amendments to the City's Land Development
Regulations, specifically the Concurrency Management System
F. Approve designated streets for the Tree Planting Program
G. Oaks of Atlantic Beach Extension-Acceptance of Water and Sewer
Infrastructure for City Ownership and Maintenance
Mayor Wolfson read the Consent Agenda.
Commissioner Fletcher pulled Items C, D, E & G from Consent. Mayor Wolfson
pulled Item F from Consent.
Motion: Approve Consent Agenda Items A and B only.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0
MOTION CARRIED
Commissioner Fletcher addressed Item 4C. He asked Public Works Director Rick
Carper for his evaluation of First Vehicle. Mr. Carper reported that First Vehicle is
very responsive and he is satisfied with the maintenance of the city vehicles.
Commissioner Fletcher addressed Item 4D. He asked Parks and Recreation Director
Timmy Johnson for his opinion on the relationship of the three organizations in regards
to sharing the facilities. Mr. Johnson indicated no conflicts have been reported.
Commissioner Fletcher questioned the fee structure,profits, auditing, and insurance for
the organizations. Mr. Johnson replied to his questions.
Commissioner Fletcher addressed Item 4E. He reminded everyone of his membership
of the Northeast Florida Regional Council and reported the City Manager had
confirmed with City Attorney Jensen that he could vote on this issue. Commissioner
Fletcher asked to be recused from voting on Item 4E to avoid any appearance of
conflict of interest.
Commissioner Fletcher addressed Item 4G. He asked Public Utilities Director Donna
Kaluzniak for clarification on the values given by Vallencourt. Ms. Kaluzniak
explained how there will be no immediate impact on the operating budget.
November 13.2006 REGULAR COMMISSION MEETING Page 4
Commissioner Bomo addressed Item 4D. He requested all blank spaces be filled in
prior to signing the contracts. City Manager Hanson indicated the contracts have
separate attachments that address and complete those items but they were not included
in the agenda packet.
Mayor Wolfson addressed Item 4F. He asked staff not to plant trees near the
underground gas tanks which are being litigated with Ferrell Gas.
Motion: To approve Consent Agenda Items 4C, D, F& G.
Moved by Bomo, seconded by Fletcher
Votes:
Aye: 4-Borno, Fletcher,Waters,Wolfson
Nay: 0
MOTION CARRIED
Motion: To approve Consent Agenda Item 4E.
(Commissioner Fletcher not voting)
Moved by Borno, seconded by Waters
Votes:
Aye: 3 -Borno,Waters,Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 06-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA
CREATING A COMMITTEE TO STUDY THE POSSIBILITY OF
ELECTING CITY COMMISSIONERS FROM DISTRICTS, PROVIDING FOR
A PURPOSE, MEMBERSHIP AND RESPONSIBILITIES OF THE
COMMITTEE AND PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the Resolution by title only.
City Manager Hanson reported the changes to Resolution No. 06-14 that were proposed
in the Workshop held earlier.
1) In SECTION 1, change the name to "District Representation Study Committee"
instead of"District Election Committee".
2) In SECTION 2, second line, delete the words"vote on a referendum to",
3) In SECTION 3, fill in blank with"fifteen(15)"members,
4) In SECTION 3, third sentence should read"All other members will be
appointed by the Mayor and Commission.",
November 13,2006 REGULAR COMMISSION MEETING Page 5
5) In SECTION 3, last sentence, should be deleted and replaced with two new
sentences: "A quorum of eight(8)will be required to conduct business. A
majority of members present will be able to take actions or make
recommendations.", and
6) In SECTION 4 (b), third line, insert the word"to" after the word"limited".
Motion: Adopt Resolution No. 06-14 with the changes.
Moved by Borno, seconded by Waters
Mayor Wolfson reiterated that a workshop took place prior to the meeting and the
proposed changes were discussed at that time.
Votes:
Aye: 4 -Borno, Fletcher, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Resolution No. 06-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA SUPPORTING
CONTINUATION OF THE ST.JOHNS RIVER FERRY
Mayor Wolfson read the Resolution by title only.
Motion: Adopt Resolution No. 06-15.
Moved by Waters, seconded by Borno
Commissioner Fletcher expressed concern whether language should be added that
addresses funding issues. Mayor Wolfson indicated it would not be necessary for the
purpose of this Resolution. Mayor Wolfson gave an overview of the history and status
of the ferry and its supporters.
Votes:
Aye: 4 -Borno,Fletcher,Waters,Wolfson
Nay: 0
MOTION CARRIED
C. Resolution No. 06-16
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
MEMORANDUM OF AGREEMENT WITH NAVAL CONTINUING CARE
RETIREMENT FOUNDATION, INC.,A FLORIDA NOT-FOR-PROFIT
CORPORATION,WITH RESPECT TO FINANCING ALL OR A PART OF
THE COST OF A CAPITAL PROJECT CONSISTING OF THE
ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN
CAPITAL IMPROVEMENTS TO THE CONTINUING CARE RETIREMENT
FACILITY KNOWN AS "FLEET LANDING",WHICH IS OWNED AND
OPERATED BY SAID CORPORATION,AND THE ISSUANCE AND SALE OF
CITY OF ATLANTIC BEACH,FLORIDA HEALTH CARE FACILITIES
November 13,2006 REGULAR COMMISSION MEETING Page 6
REVENUE BONDS (FLEET LANDING PROJECT), IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE
OF FINANCING ALL OR A PART OF THE COST OF SAID PROJECT; ALL
PURSUANT TO THE CONSTITUTION OF THE STATE OF FLORIDA, PART
II OF CHAPTER 159,FLORIDA STATUTES,AS AMENDED,AND OTHER
APPLICABLE PROVISIONS OF LAW.
Mayor Wolfson read the Resolution by title only .
Former Mayor John Meserve, 2126 Beach Avenue, introduced Chauncey Lever as the
Bond Counsel and explained his involvement with previous bonds. Mr. Meserve
explained the bond does not commit the city to any money nor does it reduce the city's
bonding capacity.
Mayor Wolfson explained the City Manager had consulted with City Attorney Jensen
about the incorrect amount typed on the agenda in the title of the Resolution and
whether the item could be addressed tonight. He reported Mr. Jensen agreed the item
could be acted on without delay.
Chauncey Lever, 1 Independence Drive, Suite 1300, Foley& Lardner LLP, addressed
the Commission and reiterated that the city will have no liability and no impact from
this transaction. Discussion ensued and Mr. Lever answered questions from the
Commission. Finance Director Nelson Van Liere confirmed and agreed with the
statements made. Further discussion ensued and Mayor Wolfson read a statement from
City Attorney Jensen that confirmed the statements as well.
Motion: Adopt Resolution No. 06-16.
Moved by Waters, seconded by Bomo
Votes:
Aye: 4 - Borno, Fletcher, Waters, Wolfson
Nay: 0
MOTION CARRIED
Action on Ordinances Action on Ordinances
A. Ordinance No. 90-06-196, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA,AMENDING ORDINANCE NUMBER 90-06-
195, SAID ORDINANCE PREVIOUSLY ADDING SECTION 24-172,
RESIDENTIAL DEVELOPMENT STANDARDS TO THE LAND
DEVELOPMENT REGULATIONS,THIS ORDINANCE SPECIFICALLY
AMENDING SAID RESIDENTIAL DEVELOPMENT STANDARDS TO
DELETE PARAGRAPH (c) (1)i. FROM SECTION 24-172,PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the floor to the public
hearing.
November 13,2006 REGULAR COMMISSION MEETING Page 7
Brian Metzger, 282 Pine Street,spoke in opposition to Ordinance No. 90-06-196. He
believed changes should not be made to the ordinance since it just passed and has
already been amended.
Pat Pillmore,995 Camelia Street, asked for an explanation of what the change is.
Mayor Wolfson explained the change. Ms. Fillmore suggested going back to the
Community Development Board for their recommendation.
Jane Wytzka, 353 Second Street, spoke in opposition to Ordinance No. 90-06-196.
Mayor Wolfson closed the public hearing.
Motion: Approve Ordinance No. 90-06-196 as read.
Moved by Bomo, seconded by Waters
Votes:
Aye: 3 -Borno,Waters,Wolfsen
Nay: 1- Fletcher
MOTION CARRIED
B. Ordinance No.20-06-82,Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007
Mayor Wolfson read the Ordinance by title only.
Motion: Approve Ordinance No. 20-06-82 as presented on first reading
Moved by Bomo, seconded by Fletcher
Commissioner Borno explained the purpose of the ordinance.
Votes:
Aye: 4 - Borno, Fletcher, Waters, Wolfson
Nay: 0-
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request for a Use-by-Exception from C.W. Specialties for a welding shop
with mobile welding services in the ILW Zoning District,to be located
within an existing multi-tenant facility (Atlantic Beach Commerce and
Storage Center) occupied by other light industrial and warehouse uses and
located at#121 —97 Levy Road
Mayor Wolfson opened the public hearing. No one in the audience spoke and the
Mayor closed the public hearing.
November 13,2006 REGULAR COMMISSION MEETING Page 8
Community Development Director Doerr referred the Commission to her staff report
and noted this request was considered by the Community Development Board last
month and was unanimously recommended for approval. She confirmed there will be
no welding done on the premises.
Discussion ensued. Mayor Wolfson suggested striking the words "mobile welding
services" and"to be located within an existing multi-tenant facility"from the
recommendation in order to clarify that no welding is allowed at that location.
Motion: Grant a Use-by-Exception from C.W. Specialties for a welding shop in the
ILW Zoning District, (Atlantic Beach Commerce and Storage Center) occupied by
other light industrial and warehouse uses and located at#121-97 Levy Road
Moved by Borno, seconded by Waters
Votes:
Aye: 4 -Borno, Fletcher, Waters,Wolfson
Nay: 0-
MOTION PASSED
B. Request from the Comfort Inn located at 2401 Mayport Road to allow for
full sign face replacement on a nonconforming pylon sign
Ms. Doerr referred to her staff report and explained the background on the item.
John Shay, 2401 Mayport Road, applicant(accompanied by Sarah Tafee, General
Manager of Comfort Inn and his daughter,Anna Shea,Attorney from Rogers Towers)
gave an overview of the background and explained his reasons for requesting a waiver.
He pointed out the need to repair or replace the sign before December 31s` in order to
keep his current franchise.
Commissioner Borno asked for clarification that his franchise will expire in four years
and will change from Comfort Inn to a different hotel chain. Mr. Shea confirmed and
explained he will then become a Quality Inn and the sign will be torn down and
replaced with a conforming sign.
Further discussion ensued.
Motion: Grant a waiver from the Sign regulations to allow full replacement of the
material used for the Sign Face Area on an existing Nonconforming Sign for the
Comfort Inn located at 2401 Mayport Road to expire on December 1, 2010.
Motion by Borno
MOTION DIED (due to a lack of a second).
Motion: Deny the request for a waiver
Moved by Waters, seconded by Fletcher
Discussion ensued regarding whether the sign could be lowered to comply with the city
ordinance and still satisfy the franchise requirements. It was determined that
November 13.2006 REGULAR COMMISSION MEETING Page 9
landscaping and structural changes would have to be done in order to bring the sign
into compliance and be clearly visible from the street.
Anna Shea explained the Quality Inn logo sign is square and the Comfort Inn sign is
rectangular and would require a completely separate and different monumental sign.
She reiterated Mr. Shea's hardship and lack of time being given to make major
changes.
City Manager Hanson suggested a shorter amount of time to comply be granted and
allow Mr. Shea to replace the faces with the ones he already owns. Further discussion
ensued.
Mr. Shea was asked if eight months would be sufficient time for him to research the
sign requirements of the City and of the hotel franchise and decide on a sign that would
satisfy both. Mr. Shea believed eight months to be adequate time.
Commissioner Fletcher withdrew his second.
Motion: Grant a waiver to expire on July 1,2007 from the Sign regulations to
allow full replacement of the material used for the Sign Face Area on an existing
Nonconforming Sign for the Comfort Inn located at 2401 Mayport Road and that
the applicant come back before the Commission to discuss what options he has to
bring the sign into compliance.
Moved by Borno, seconded by Waters
Mayor Wolfson explained that if the temporary waiver is approved, it would expire on
July 1, 2007, therefore, Mr. Shea would need to come back by June 1st to provide a
new request.
Votes:
Aye: 4 - Borno,Fletcher,Waters, Wolfson
Nay: 0-
MOTION CARRIED
C. Waste Services Request for Yard Waste Pickup Change
City Manager Hanson referred to the information provided in his staff report. He
explained Waste Services has requested amending the contract to change the day for
the yard waste collection from Monday to Wednesday in order to level out their
routes. He also noted they are offering a discount of thirty cent per customer per
month if the change is made.
Discussion ensued regarding the service level being provided by Waste Services.
Motion: Approve changing the yard waste pickup day from Monday to
Wednesday throughout the City.
Moved by Borno, seconded by Waters
November 13,2006 REGULAR COMMISSION MEETING Page 10
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
D. Distribution of proposed amendments to Section 24-112 of the Land
Development Regulations, the Commercial General (CG) Zoning
District regulations,including provisions to address large scale retail
development, as recommended for adoption by the Community
Development Board
Ms. Doerr explained this item is information only at this time and will not have a
public hearing tonight. She requested guidance from the Commission whether to
bring back an ordinance for two public hearings or discuss further during a
workshop.
Ms. Doerr answered questions and clarified information from her staff report.
Motion: Direct Staff to prepare ordinance, notice and schedule proposed
amendments to Section 24-112 of the Land Development Regulations,the
Commercial General (CG) Zoning District regulations for first and second
reading and public hearings (two required).
Moved by Waters, seconded by Bomo
Commissioner Fletcher indicated he will need to meet with Ms. Doerr to discuss the
proposal thoroughly prior to voting on it. Ms. Doerr indicated she would be available
to meet and answer any questions prior to the next meeting.
Votes:
Aye: 4 - Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
E. Code Red Emergency Notification System
Chief Thompson explained the information provided in his staff report. He reported
that after the system is purchased and received, it could be operational in two weeks.
Motion: Proceed to activate a contract with Code Red to provide emergency
communications in the event of an emergency.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
November 13.2006 REGULAR COMMISSION MEETING Page 11
F. Request for a Waiver from Land Development Regulations Parking
Requirements
Rick Carper referred to his staff report and overhead photos as he explained the
applicant's request for a waiver. He indicated staff's recommendation is to disapprove
the request for a waiver and explained the reasons.
Melissa Nelson,Via Mare L.L.C., 331 Ahem Street, owner/applicant, pointed out she
believed the 5ft. encroachment into the city right-of-way would not mean the vehicles
would stick out into the roadway. She gave an overview of her plans for the site and
the building and noted the need to enhance the Ahem Street area.
John Davie, 382 Sixth Street, John E. Davie Construction L.L.C., spoke as General
Contractor for the project. He presented the site plans and emphasized Ms. Nelson's
effort to enhance the appearance of Ahem Street with the proposed project. He
addressed concerns that were brought up since his request was made. Mr. Davie
answered questions from the Commission.
City Manager Hanson explained although the proposal would be an improvement to the
area,the parking on the right-of-way is Mr. Davie's compromise and he is now asking
for a waiver to do it. He reminded the Commission that parking in the right-of-way is
prohibited and others are expected to fully comply. Mr. Hanson explained the city's
compromise and the opinions given to Mr. Davie. Mr. Davie disagreed with Mr.
Hansen's comments. Mr. Hanson mentioned the possibility of sidewalks on Ahem
Street,reducing density with less units, and offering parking either on-site or parallel.
Commissioner Waters expressed the necessity for parking to be solely on the private
property.
Mayor Wolfson requested clarification regarding the number of units and the extent of
the remodeling. Mr. Davies addressed the questions. Mayor Wolfson asked Mr. Davie
for clarification of the number of parking spaces in the proposed plan.
Mr. Davie continued to answer questions from the Commission and reminded them the
parking could be shifted closer to the buildings if the green belt is deleted from the
plans.
Motion: Deny the waiver from Land Development Regulations Parking
Requirements at the Via Mare.
Moved by Fletcher, seconded by Bomo
Commission Waters requested clarification on what is being requested. Mr. Hanson
and Mayor Wolfson explained they are asking for the parking to be left where it is now
which has the south end of the parking spaces encroaching into city right-of-way
instead of moving the parking closer to the buildings so that all parking would be off
the right-of-way.
Discussion ensued regarding the length of the parking spaces,the distance from the
front of the vehicles to the wall plane, and the placement of the green belt.
November 13,2006 REGULAR COMMISSION MEETING Page 12
Commissioner Fletcher believed the site to be overdeveloped which leads to parking
problems and if the city allows overdevelopment and parking issues, the problems will
never end. He expressed concern that many other sites would want to overdevelop also.
He explained the builder agreed to a building permit but now wants to change it.
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
G. Selva Linkside Traffic Concerns
Chief David Thompson referred to the staff report and 1)reported the background of
the request from Mr. Robbins, 2) explained the findings of the traffic study, 3)
addressed Speed Bumps/Humps, 4) addressed city vehicles driving through the
neighborhood, and 5) explained his recommendation which was jointly researched and
agreed upon with Public Works Director Rick Carper.
(Commissioner Waters left the room at 11:18 pm.)
Mr. Carper added that since Mr. Robbins presented his request, he has restricted access
of city construction vehicles but not the city pickup trucks.
Commissioner Waters reentered the room at 11:20.
Jack Robbins, 1435 Linkside Drive, Selva Linkside HOA President,thanked the police
for their recent efforts but believes the traffic and speeding problems will occur again
unless the police effort continues. He suggested speed humps to deter motorist from
cutting through the neighborhood. He indicated the neighborhood would settle for
heavy patrolling in lieu of the speed humps. He believes the speed humps would be
more cost effective. He reported that city construction vehicles are still accessing the
neighborhood street and that city pickups are not always stopping at the stop signs. He
explained his request to stop city vehicles from using their street as a cut-through.
Mayor Wolfson asked what percentage of the residents of Unit One signed the petition.
Mr. Robbins answered seventy-six percent(76%).
Discussion ensued regarding the access through Selva Linkside, speed humps,police
patrolling and the possibility of closing off the street.
Mayor Wolfson noted the large number of motorist accessing the neighborhood and
believed it to be significant. Commissioner Fletcher asked Chief Thompson for other
suggestions or options to help alleviate the problem.
City Manager Hanson recommended against closing off the street from access and
offered the reasons. The Mayor agreed and believed another option could be presented
to help the traffic situation.
November 13,2006 REGULAR COM1'LISSION MEETING Pa2e 13
Chief Thompson agreed to continue increased police patrolling in that area and
explained that the concerns of the Selva Linkside residents is the same as the concerns
of other neighborhoods regarding traffic and they are addressed in the same manner.
Mr. Robbins agreed to give the increased police patrolling concept a try in lieu of speed
humps as long as the patrolling is done during various times of the day and night. He
indicated he would come back to the Commission if that effort does not work long
term. He still would like the city to restrict the city vehicles from using their
neighborhood streets as a cut through.
Mayor Wolfson agreed with the temporary compromise of increased police patrolling
and deferred the request for limiting access of the city vehicles until further research is
performed and brought back.
City Manager 9. City Manager
A. City Manager's Report -
City Manager Jim Hanson referred the Commission to his written report and briefly
discussed the Ferrell Gas Suit; the Newspaper Rack Ordinance, and the Chamber of
Commerce Trip to New Orleans to Study Lessons from Hurricane Katrina.
(Commissioner Fletcher left the room at 11:50 pm.)
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners A. Appointment of members to the Districting Committee
City Attorney
Motion: Approve appointing the fifteen members to the District Representation
Study Committee as follows: Ann Bowers,Joyce Freeman,Reed Beaubouef,
Kathy Carithers,Johnny Bass, Norm Thompson, Carol Anderson,John Fletcher,
Joan Carver, Gail Baker,Jack Robbins, Sttve Litton,Maureen Shaughnessy,Bob
Ballow and Lyman Fletcher.
Moved by Waters, seconded by Wolfson
(Commissioner Fletcher was absent for the vote)
Votes:
Aye: 3 -Borno,Waters, Wolfson
Nay: 0-
MOTION CARRIED
Commissioner Fletcher reentered the room at 11:54 pm.
November 13,2006 REGULAR COMMISSION MEETING Page 14
Motion: Appoint Lyman Fletcher as Chairperson of the District Representation
Study Committee.
Moved by Wolfson, seconded by Waters
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
Additional Item: Mayor Wolfson referred the Commission to a handout requesting emergency funding,
Emergency Funding which is attached and made part of this official record as Attachment A. He explained
the items to be used with the funding and that the event will take place at the end of the
week which makes it an emergency. He requested a total of$850.
Motion: Approve emergency funding of$850.00
Moved by Bomo, seconded by Fletcher
Votes:
Aye: 4 -Borno, Fletcher,Waters,Wolfson
Nay: 0-
MOTION CARRIED
Commissioner Borno
> Reported Councilwomen Brown met with a legislative group today. He will
find out the status and report back to the Commission on it.
Commissioner Waters
> Reminded the Commission of the Northeast Florida League of Cities meeting in
Timuquana on December 7th.
• Advised there are sidewalks that are useless because of overgrown shrubbery
blocking them.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 11:59 pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT NOVEMBER 27,2006
OCTOBER 2006
Cash Balances
Prior Current Dollar
Fund(s) 09/30/06 10/31/06 Change
General $5,017,648 $4,469,113 ($548,535)
Tree Replacement 20,913 20,913 0
Convention Development Tax 184,732 162,105 (22,627)
Local Option Gas Tax 266,143 287,365 21,222
Better Jax 1/2 Cent Sales Tax 1,126,899 1,167,238 40,339
Police Training, Forfeit, etc. 8,215 7,042 (1,173)
Grants 0 64,907 64,907
Debt Service 77,265 83,482 6,217
Utility 4,074,315 3,369,073 (705,242)
Sanitation 479,859 486,121 6,262
Storm Water 2,808,708 2,721,689 (87,019)
Pension - Police 33,607 26,770 (6,837)
Pension - General 7,891 29,830 21,939
Total $14,106,195 $12,895,648 ($1,210,547)
Total Restricted Cash $6,795,018
Total Unrestricted Cash $6,100,630
Cash and Investments
Prior Current Dollar Rate of
Account 9/30/06 10/31/06 Change Return %
Bank of America - Depository $170,966 $253,135 $82,169 4.36
SBA 13,932,679 12,639,963 (1,292,716) 5.37
Cash on Hand 2,550 2,550 0 -
Subtotal 14,106,195 12,895,648 (1,210,547)
Police Pension Investments 5,152,102 5,265,033 112,931 9.40 (1)
General Pension Investments 7,701,101 7,866,383 165,282 10.00 (1)
Subtotal 12,853,203 13,131,416 278,213
Total $26,959,398 $26,027,064 ($932,334)
(1) FYTD rate of return through 09/30/06
City of Atlantic Beach AGENDA ITEM#4A
NOVEMBER 27,2006
FINANCIAL REPORT
OCTOBER 2006
Revenues
Annual YTD - 8% YTD Dollar Percent
Fund / (Footnote) Estimate of Estimate Actual Variance Variance
General (1) $10,576,532 $877,852 $732,675 ($145,177) -16.54%
Tree Replacement 0 0 0 0 100.00%
Convention Development Tax 81,000 6,723 6,904 181 2.69%
Local Option Gas Tax 563,042 46,732 46,794 62 0.13%
Better Jax 1/2 Ct Sales Tax 761,298 63,188 60,089 (3,099) -4.90%
Police Training, Forfeit, etc. 31,250 2,594 27 (2,567) -98.96%
Grants (2) 209,234 17,367 88,005 70,638 406.74%
Debt Service 73,048 6,063 6,216 153 2.52%
Utility (3) 6,750,002 560,251 605,573 45,322 8.09%
Sanitation 1,462,200 121,363 110,039 (11,324) -9.33%
Storm Water 1,862,500 154,588 128,704 (25,884) -16.74%
Pension - Police (4) 765,862 63,567 139,470 75,903 119.41%
Pension - General (4) 1,096,364 90,998 219,496 128,498 141.21%
Total $24,232,332 $2,011,286 $2,143,992 $132,706
Analysis of Major Variances
(1) The $145,177 negative variance in the General Fund resulted from not having received
property taxes. Typically the majority of these taxes are received from the City of
Jacksonville in December & January.
(2) The $70,368 positive variance in the Grant Funds resulted from the reimbursement of
expenses from the prior fiscal year in October, 2006.
(3) The $45,322 positive variance in the Utility Funds resulted from billed revenues
exceeding estimated amounts & collection of the tower lease payment in October, 2006.
(4) The $75,903 positive variance in the Police Employee Pension Fund & the $128,498
positive variance in the General Employee Pension Fund resulted from changes in
market values of the investments.
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT NOVEMBER 27,2006
OCTOBER 2006
Expenses
Annual YTD -8% YTD Dollar Percent
Department I (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body $50,898 $4,225 $4,695 ($470) -11.12%
City Administration 2,253,291 187,023 169,637 17,386 9.30%
General Government (1) 2,977,978 247,173 128,833 118,340 47.88%
Planning and Building 652,227 54,135 25,955 28,180 52.06%
Public Safety(2) 4,759,060 395,001 224,176 170,825 43.25%
Parks and Recreation 1,185,330 98,382 76,669 21,713 22.07%
Public Works (3) 7,723,057 641,014 359,583 281,431 43.90%
Public Utilities (4) 7,655,855 635,436 1,282,854 (647,418) -101.89%
Pension- Police 424,133 35,203 33,376 1,827 5.19%
Pension-General 436,713 36,247 32,273 3,974 10.96%
Total $28,118,542 $2,333,839 $2,338,051 ($4,212)
Annual YTD Estimate YTD Dollar Percent
Resource Allocation Estimate 8% Actual Variance Variance
Personal Services (5) $8,576,372 $711,838 $503,142 $208,696 29.32%
Operating Expenses (2) & (3) 9,708,652 805,819 554,806 251,013 31.15%
Capital Outlay (1) & (3) 6,814,764 565,625 40,291 525,334 92.88%
Debt Service (4) 1,675,695 139,083 1,127,891 (988,808) -710.95%
Transfers 1,343,059 111,474 111,921 (447) -0.40%
Total $28,118,542 $2,333,839 $2,338,051 ($4,212)
Analysis of Major Variances
(1) The positive variance in the General Government departments resulted from not having
begun the various projects funded from this source-see Project Activity Schedule.
(2)The positive variance in the Public Safety departments is partially due to the payment
being due quarterly to the City of Jacksonville for fire & rescue services. The next
payment is due in January 2007 for October through December 2006. Also, there is a
vacant position in the Police Patrol division.
(3)The positive variance in the Public Works departments resulted from the waste
management and First Vehicle contracts not having been paid in October 2006 and not
having begun various projects funded from this source-see Project Activity Schedule.
(4)The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds.
(5)The positive variance in the Personal Services is typical for the first month of the new
fiscal year due to the payroll expense only including three weeks of the month of
October. The last week of October will not be paid until November. This explains why
approximately 29% of October's budgeted payroll has not been expensed.
City of Atlantic Beach AGENDA ITEM#4A
FINANCIAL REPORT NOVEMBER 27,zoos
OCTOBER 2006
Project Activity - Current Year Activity Only
Project YTD YTD YTD
Project NameNumber Budget Actual Balance Status
General Government:
Buchman Trust Property GG0701 $450,000 $0 $450,000
Subtotal 450,000 0 450,000
Parks and Recreation:
Jordan Park Shelter PRO701 10,000 0 10,000
Playground Equipment-Donner Park PR0702 35,000 0 35,000
Shade for the Skate Park PR0703 18,000 0 18,000
Russell Park Light Replacements PR0704 17,500 0 17,500
Subtotal 80,500 0 80,500
Public Safety
Police Building Renovations PS0504 466,850 0 466,850 E
Subtotal 466,850 0 466,850
Public Utilities:
Fence Replacement at Water Plant 1 PU0601 12,049 0 12,049
Genset at Lift Station B PU0604 26,507 0 26,507
Clarifier Rehabilitation at WWTP 1 PU0605 145,223 0 145,223
Fence Replacement at WWTP 1 PU0606 3,984 0 3,984
Sludge Container Refurbishment PU0607 8,900 0 8,900
Beach Habitat Subdivision PU0608 151,179 0 151,179
Remodel SCADA Control Area PU0701 20,000 0 20,000
Roof Replacement at Lab/Office PU0702 10,000 0 10,000
Begonia Street Water& Sewer Extension PU0703 100,000 0 100,000
Collection System Inspection & Rehabilitation PU0704 365,400 0 365,400
Replace 2 Hydroscreens PU0705 30,000 0 30,000
TMDL Engineering WWTP 1 PU0706 350,000 0 350,000
Subtotal 1,223,242 0 1,223,242
Public Works:
Hopkins Creek Retention PW0309 2,530,730 4,292 2,526,438 I
Mayport Road Medians PW0401 400,000 0 400,000 E
Five Points Intersection Improvement PW0502 8,164 5,914 2,250 I
Pathways PW0606 66,500 500 66,000 I
Sidewalks- Sailfish,Royal Palm & Frances PW0607 5,102 0 5,102 I
Storage Bins for Limerock PW0701 30,000 0 30,000
Mandalay Park Improvements PW0702 50,000 0 50,000
Repave Asphalt at Public Works Yard PW0703 70,000 0 70,000
Asphalt Stewart Street at West Main Street PW0704 10,000 0 10,000
Sidewalk &Curb Replacement PW0705 50,000 0 50,000 I
Pedestrian Path- Five Points to Selva Marina PW0706 120,000 0 120,000
New Sidewalks-Marsh Oaks PW0707 120,000 0 120,000
Ocean Boulevard Between 14th & 15th Street PW0708 350,000 0 350,000
Subtotal 3,810,496 10,706 3,799,790
Total $6,031,088 $10,706 $6,020,382
Status Key
B - Bid Awarded E - Design Phase
C - Project Completed I - Project In-progress
D - Design Completed R - Re-budget Next Fiscal Year
AGENDA ITEM#4A
NOVEMBER 27,2006
City of Atlantic Beach, FL
Water and Sewer Utility Sales Report
-7=-1.-A---77,-,===.7,7:„.=,: ..„ A-,0.4,0.-, .A.i,,ge+c4' fiPt-- ..1:-...r_;mak-",Y ik=;�e<s#s-3Hi344ef%rtYPw+k:.?*.i.1?.:...; iat+t:.'"'"?'"7w.,ap
3
October 2006 October
0051 .-..,...e. ;-em C&:a...
... _ - .. - -t.,.7.70.3. "'Z:.=^ver-+R.+r.��,.s-ert e q .......r a. r,
ii, Gallons Actual Revenue ) Gallons Actual Revenue R,
rt
T Water Sales Accounts 0000 Revenue Per 1,000 gl >Accounts 0000 Revenue Per 1,000 gl
Atlantic Beach 5,596 48,873 $124,068 $2.54 5,638 50,113 $122,427 $2.44
Buccaneer 2,552 26,371 $74,377 $2.82 t 2,718 28,467 $73,097 $2.57ti
Total Water Sales 8,148 75,244 $198,445 $2.64 8,356 78,580 $195,524 $2.49,
jit
tar ,7.71. 7,, ., _
V s:. . - ,. ..,,,,,,= , •ram '#k
IP, Gallons 1 Gallons
Water Plant Production 0000 0000
, Atlantic Beach 64,934 56,693
f Buccaneer 24,114 24,644
Total Productionf..,
t,.
89,048 81,337
,,,
C=Total Water Billed 75,244 78,580
Water Loss for month: 1 13,804 2,757 ?
`= Percentage Loss 15.50% 3.39% ;
Total 12 mo. Avg. Loss 10.72% 10.85% M1
_;.moi_..mcs.,..,,,eT;,:,..,;�..=='�,� _• -.� . - , aR+r. ,, ,:e--,,,,,..=,,,,,=2- rma:;_. .._ ,.a ;,--ir• . ..�..,
Gallons Actual Revenue z; Gallons Actual Revenue [`
Sewer Sales ;Accounts 0000 Revenue Per 1,000 gI Accounts 0000 Revenue Per 1,000 gl S..
k
Atlantic Beach 5,070 36,085 $165,600 $4.59 e. 5,046 38,403 $165,858 $4.32 :
Buccaneer , 2,437 24,433 $136,487 $5.59 r- 2,583 26,875 $141,718 $5.27 r,
}Total Sewer Sales 7,507 60,518 $302,086 $4.99 7,629 65,278 $307,576 $4.71
. 11MENEM=EMS=2..%. MCMT.
711=7.:^ ".,, 3.: =E+1=1:5= __-F" '; - a^ s-ate:,:
F
Gallons Actual Revenue Gallons Actual Revenue
Sewer Treatment 0000 RevenuePer 1,000 gI 0000 Revenue Per 1,000 qI
4
Atlantic Beach ; 50.565 $165,600 $327F. 51.725 $165,858 $3.21 E;
Buccaneer 23.667 $136,487 $5.77 :a 21.481 $141,718 $6.601
Total Sewer Treated ' 74.232 $302,086 $4.07 73.206 $307,576 $4.20
AGENDA ITEM#4 B
NOVEMBER 27,2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Landscape Maintenance for Public Works and
Utilities
Bid No. 0607-1
SUBMITTED BY: Donna Kaluzniak, CEP, Utility DirectorC:".4/
DATE: November 6, 2006
BACKGROUND: The Public Works and Utility Departments developed specifications and
requested bids for Landscape Maintenance at locations which include the following facilities:
Public Works;Animal Control; Water Plants 1, 2, 3 and 4; Wastewater Plants 1 and 2;two
fields next to Water Plant 4 and Wastewater Plant 2, and Lift Station G.
Two contractors made the Mandatory Site Visit. One bid was received on November 1, 2006
from Leeway:
Facility Leeway
Total Annual Cost $53,280.00
Leeway provided all required paperwork and met the bid requirements.
BUDGET: Funds for Landscape Maintenance were budgeted at$60,000 included in the
Water and Sewer Treatment, and Public Works funds under account nos. 400-5502-533-
3400,410-5508-535-3400, 001-5001-541-3400 and 001-5002-541-3400.
RECOMMENDATION: Award the annual contract for Landscape Maintenance to Leeway
in the amount of$53,280.
ATTACHMENTS: 1. Bid tabulation for Bid No. 0607-1
REVIEWED BY CITY MANAGER
City of Atlantic Beach
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE FOR PUBLIC WORKS & UTILITIES
November 1, 2006
BID 0607-01 11/01/06 3:00 PM
Required Documents Leeway
Submission in Triplicate X
5 Years Experience in Commercial Landscaping and $250,000 in Annual
Receivables X
Company Procedures Program Per Specifications X
Document Requirements Checklist NO
Drug Free Workplace Form X
Herbicides - Documentation of Annual Personnel Training of Application X
Insurance- Original Certificate (Addendum) X
Occupational License X
Public Entity Crime Statement X
References -Three (3) X
Signed Documentation of Site Visit X
W- 9 Form X
Total Annual Cost(All Locations) $53,280.00
z >
on
< m
mz
Cv D
rrl -3
N �
O A
� 07
Award of Bid based on Department Analysis and Commission Approval
AGENDA ITEM#7 A
NOVEMBER 27,2006
ORDINANCE NO. 20-06-82
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007.
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, funds for two items in the fiscal year 2006 budget were not spent or
encumbered by September 30, 2006. This ordinance will re-budget those items so that they may
be spent as originally intended in fiscal year 2007.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,that;
1. The Fiscal Year 2006/2007 Final Budget be amended as follows:
Half Cent Sales Tax Fund
Expenses:
Public Works -
Capital Improvements West Plaza Bike Path $15,000
Change in Fund Balance <$15,000>
Convention Development Tax Fund
Expenses:
General Government-
Capital Improvements Beautification/Public Art $45,000
Change in Fund Balance <$45,000>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of November, 2006.
Passed by the City Commission on second and final reading this day of November,
2006.
Donald M. Wolfson
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna Bussey
City Attorney City Clerk
AGENDA ITEM#7 B
NOVEMBER 27,2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public hearing and first reading of Ordinance 90-06-197 to adopt proposed
amendments to Section 24-112 of the Land Development Regulations, the Commercial General
(CG)Zoning District regulations,including provisions to address large scale retail development.
SUBMITTED BY: Sonya Doerr, AICP „la
Community Development Director
DATE: November 15,2006
BACKGROUND: The proposed ordinance will amend the Commercial General(CG)Zoning District
regulations to limit the size of a single retail establishment to 60,000 square feet in size. Section 24-112
has not been updated in a number of years, so other minor and general revisions to address or clarify
various issues are also included. The proposed revisions to Section 24-112 were recommended for
approval by the Community Development Board at their October 17th meeting.
At the previous meeting, there was brief discussion related to the proposed removal of Heavy
Automotive Repair as a permissible Use-by-Exception in the CG districts. As now proposed, Heavy
Automotive Repair would become a permissible Use-by-Exception only in the Light Industrial and
Warehousing District. The following definitions from the current regulations define minor and heavy
automotive service related uses. Minor Automotive Service would continue to be a Permitted Use in
the CG districts.
Minor Automotive Service shall mean the limited, minor or routine servicing of motor vehicles or
parts, but shall not include Heavy Automotive Repair. Facilities containing more than two (2) work
bays, and performing any type of automotive service or repair shall be defined as Heavy
Automotive Repair.
Heavy Automotive Repair,shall mean the repair, rebuilding or reconditioning of motor vehicles or
parts thereof including collision service,painting and steam cleaning of vehicles.
This proposed revision to the CG Permitted Uses is consistent with the following policy of the
Comprehensive Plan. Policy A.1.10.4 The City shall actively support the appropriate redevelopment
and infill development of the Mayport Road corridor. Retail and service uses that encourage a more
aesthetically pleasing and pedestrian friendly environment shall be encouraged
The CD Board's recommendation was intended to support this policy and the City's efforts to evolve
Mayport Road to a less industrial and commercially intense business environment. If it is the desire of
the City Commission to allow those existing Heavy Automotive Repair uses that are lawfully existing
to continue if such businesses change ownership, language to address the effective date of this revision
can be added to the ordinance. A new Use-by-Exception, however, would continue to be required in
the case of a change in ownership of any Heavy Automotive Repair Business.
BUDGET: No budget issues.
RECOMMENDATION: Recommend approval upon first reading of Ordinance Number 90-06-
197, amendments to Section 24-112 of the Land Development Regulations, the Commercial
General(CG)Zoning District regulations.
ATTACHMENTS: Proposed Ordinance 90-06-19
REVIEWED BY CITY MANAGER:
November 27,2006 regular meeting
AGENDA ITEM#7 B
NOVEMBER 27,2006
ORDINANCE NUMBER 90-06-197
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
NUMBER 90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER
24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS
THERETO, THIS ORDINANCE SPECIFICALLY AMENDING
ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL
GENERAL DISTRICTS, OF THE CODE OF ORDINANCES FOR THE
CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE.
_ RECITALS
WHEREAS, the City of Atlantic Beach, under the authority of Chapter 166, Part I,
Florida Statutes, The Municipal Home Role Powers Act, such authority being restated within
Section 4, General Powers of the City Charter, as reaffirmed, and also under the authority of
Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive
Planning and Land Development Regulation Act, establishing authority to adopt Land
Development Regulations; all providing broad authority to plan for and regulate the use and
development of land on the basis of the impact such development may have on the City, and
WHEREAS, pursuant to such authority, the City has divided lands into Zoning
Districts, has adopted a Comprehensive Plan, and has adopted regulations to guide the future
use and development of lands within the City.
WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth
within Policy A.1.10.4 of the 2015 Comprehensive Plan that the City shall actively support the
appropriate redevelopment and infill development of the Mayport Road corridor. Retail and
service uses that encourage a more aesthetically pleasing and pedestrian friendly environment
shall be encouraged.
WHEREAS, public hearings to enact this Ordinance were held by the City
Commission for the City of Atlantic Beach on November 27, 2006 and December 11, 2006. In
support of stated policies of the City, including applicable goals, objectives and polices as set
forth within the adopted 2015 Comprehensive Plan, the City Commission hereby finds that
adoption of this Ordinance amending the Commercial General District regulations shall be in
the best interests of the citizens of the City of Atlantic Beach and shall serve to implement such
goals,objectives and policies.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Page 1 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM#7 B
NOVEMBER 27,2006
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations
Article III, Zoning Regulations, Division 5, Establishment of Districts, Section 24-112,
Commercial General Districts, within the Code of Ordinances for the City of Atlantic Beach,
Florida is hereby amended, and upon enactment shall read as follows.
Sec. 24-112. Commercial General Districts. (CG)
(a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended for Uses,
which provide general retail sales and services for the City of Atlantic Beach and the
closely surrounding neighborhoods. New Development and new Uses within these
Districts should have direct access to Arterial or Collector Streets, and sites should be
designed so that increased traffic through adjacent residential neighborhoods is avoided.
(b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include
neighborhood serving uses, which shall mean low intensity commercial uses intended to
serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not
include manufacturing, warehousing, storage or high intensity commercial activities, or
commercial uses of a regional nature, or such Uses that have the potential for negative
impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light
or extremely late hours of operation or other factors that may adversely effect existing
commercial uses or any nearby residential uses.
Permitted Uses shall also not include Adult Entertainment Establishments, indoor or
outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way,
amusement centers, bingo, billiard or pool halls, game arcades, gaming, video poker
establishments or individual machines, including any type of token or coin-operated video
or simulated games or similar activities or machines which are played for any type of
compensation or reward.
The Uses permitted in the CG Zoning Districts shall include the following subject to the
limitations as set forth within following paragraph (d). Unless otherwise and specifically
provided for herein, all business activities, products for sale and services must be located
within an enclosed Building properly licensed for such Use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and
stationery, luggage,jewelry, art, florist including silks, cameras, photographic supplies,
sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery
(but not wholesale bakery), home furnishings and appliances, office equipment and
furniture, hardware, lumber and Building materials, auto, boat and marine related parts,
and similar retail Uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with
indoor or outdoor seating areas but without drive-through facilities, health clubs and
gyms, laundry or dry cleaner, funeral home, job printing, radio and television and
electronics repair, lawn care service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar service
Uses.
Page 2 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM#7 B
NOVEMBER 27,2006
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child Care Centers in accordance with Section 24-152.
(5) Business and Professional Offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may
be located outside of the adjacent Building licensed for such business, provided no
obstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off-premise consumption.
(8) On-premise consumption of beer and wine only in conjunction with a full service
Restaurant, which is a food service Use where unpackaged ready-to-consume food is
prepared on-site and served to the customer while seated at tables or counters located in
a seating area within or immediately adjacent to the building.
(9) Automobile Service Station with Minor Automotive Repair and with accessory car
wash.
(10) Theaters, but not a multi-screen(exceeding two screens) or regional Cineplex.
(11)Institutional and Government Uses, Buildings and facilities.
(12) Churches in accordance with Section 24-153.
(13)A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use
and located within the same Building as the Principal Use. Such Dwelling Unit is
intended to be occupied by the Owner or an employee of the Principal Use.
(14) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited
and Commercial, Professional and Office Zoning Districts.
(15) Residential Use, consistent with the Comprehensive Plan, which permits Residential
uses not exceeding the Medium Density category when in conjunction with, or adjacent
to commercial development and redevelopment, provided that such residential
development shall not be permitted within the Coastal High Hazard Area. Policy
A.1.11.1(b)
Single-family residential Uses within the CG Zoning Districts existing as of the initial
effective date of these Land Development Regulations shall be considered as Vested
Development.
(c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved
as a Use-by-Exception where such proposed Uses are found to be consistent with the Uses
permitted in the CG Zoning Districts with respect to intensity of Use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses.
(1) Pet kennel and facilities for the boarding of animals.
Page 3 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM#7 B
NOVEMBER 27,2006
(2) Veterinary clinic.
(3) On-premise consumption of alcoholic beverages in accordance with Chapter 3 of this
Municipal Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to
drive-through business. (This shall not be construed to prohibit restaurants with carry-
out service, which are a Permitted Use.)
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction,
heavy assembly involving hoists or lifts, or equipment that makes excessive noise or
fumes shall be permitted. Not more than one contractor related vehicle shall be parked
outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Hotel, Motel, Motor Lodge,Resort Rental or Tourist Court and Short-term rentals as
defined within Section 24-17.
(9) Cabinet shops, woodworking shops and surfboard production.
(10)Hospital, nursing home, assisted care and similar institutional facilities.
(11)Sale of new and used automobiles, motorcycles and boats, and Automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(12)Businesses offering Live Entertainment, not including adult entertainment
establishments as defined by Chapter 847.001 (2), Florida Statutes.
(d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not
include Large-Scale Retail Establishments, which for the purposes of this Chapter shall be
defined by their size and as follows.
Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone
Building or in a multi-tenant Building, which occupy a Floor Area exceeding 60,000 square
feet including any interior courtyards and any areas under roof. Large-Scale Retail
Establishments are commonly referred to as "big-box" retailers, discount department
stores, super-centers, warehouse clubs or by similar terms. Such establishments may offer
a similar type of products such as electronics or appliances or office products, but more
typically offer a wide variety of general merchandise and departments, which may include
home improvement, house-wares and home furnishings, sporting goods, apparel,
pharmacy, health and beauty products, automotive parts and services and may also include
grocery items. This definition shall not be construed to limit the overall size of Shopping
Centers as these are defined within Section 24-17, but shall apply to any Building where
businesses with separate Occupational Licenses may share the same interior space of a
Building which is not separated into individual units by structural fire rated walls or that do
not contain separate and distinct exterior entrances.
Page 4 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM#7 B
NOVEMBER 27,2006
Intent. The intent of this limitation is to ensure that the City's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the
City and further, to implement related Goals, Objectives, and Policies of the 2015
Comprehensive Plan, restated in part as follows.
(1) Commercialand light industrial development shall be located and designed so as to
minimize adverse effects on residential areas, traffic facilities and the aesthetic
character of the City. (Policy A.1.5.7)
(2) The City shall provide for land use, development and redevelopment in an efficient
manner, which supports the land use designations as set forth within the 2015 Future
Land Use Map; which enforces the residential densities and the limitations upon the
type and intensity of uses, and which results in development appropriate to the sensitive
coastal location of the City, particularly with respect to the predominantly residential
character and small-town scale of the City. (Objective A.1.11 - Appropriate Land Use
Patterns)
(3) The City shall encourage future development and redevelopment, which 1) retains the
exceptionally high quality of life and the predominantly residential character of the City
of Atlantic Beach. (Objective A.1.3-Maintaining Residential Character)
(e) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning
Districts shall be as follows.
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum Yard Requirements. The minimum Yard requirements within the Commercial
General Zoning Districts shall be as follows:
(1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10)
feet where required Off-Street Parking is located at the rear or side of the Building site,
and the primary business entrance is designed to face the Street.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street.
Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either
side.
(g) Building Restrictions. The building restrictions in the Commercial General Zoning
Districts shall be as follows:
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious
Surface shall not apply to infill Development or redevelopment of previously developed
sites; however, required landscaping shall be provided in accordance with Division 8 of
this Chapter. Stormwater management requirements shall apply to infill Development
and to redevelopment projects involving exterior site changes.
Page 5 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM#7 B
NOVEMBER 27,2006
(2) Maximum Building height: Thirty-five (35) feet.
(3) Parking. Off-Street Parking shall be provided in accordance with Section 24-161 of
this Chapter. Where existing Uses, which do not provide the required number of Off-
Street parking spaces as set forth within Section 24-161(g) are replaced with similar
Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase
in number of seats, additional parking shall not be required. Any increase in Floor Area
or expansion in Building size, including the addition of seats shall require provision of
additional parking for such increase or expansion.
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.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 27th day of November, 2006. Passed upon final reading and public hearing this
11th day of December, 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, CITY ATTORNEY
ATTEST :
DONNA BUSSEY, CITY CLERK
Page 6 of 6
Ordinance Number 90-06-197
Effective Date:
AGENDA ITEM #7C
NOVEMBER 27,2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Changes to Chapter 23 Vegetation, Article II. Tree
Protection
SUBMITTED BY: Rick Carper, P.E.
Director of Public Works
DATE: November 15, 2006
BACKGROUND: At the July 24th Commission Meeting, the Commission directed staff
to prepare an ordinance making administrative changes to the Tree
Protection ordinance. Changes are summarized below:
1. Adds enhancement of City rights of way and easements and
xeriscaping and use of native species to Tree Ordinance Intent;
2. Deletes reference to Community Development Director as
City representative responsible for administering building and site
clearing permits;
3. Requires Tree Permit for removal of public protected trees
by residents;
4. Allows replacing protected oaks with hardwood trees yielding
similar canopies, with Tree Board concurrence;
5. Increases fine for 'clear cutting' a lot without permit from $1
per square foot of land cleared to $5 per square foot;
6. Adds a $50 reinspect fee when a city inspector issues a
notice of corrections.
RECOMMENDATION: Approve on first reading the recommended changes to
Chapter 23 Vegetation, Article II. Tree Protection
BUDGET: No budget impact
ATTACHMENTS: Ordinance no 06-
REVIEWED BY CITY MANAGER:
- 1-L
November 27th Regular Meeting
AGENDA ITEM #7C
NOVEMBER 27,2006
ORDINANCE NO. 95-06-92
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16
DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., 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: The following provisions of Sections 23-15, 23-16 and 23-17 of
the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to
read as follows:
"(a) Sec. 23-15. Intent.
(5) Increase and maintain the value of land by requiring a minimum
amount of trees to be incorporated into development; enhancement of City right-of-ways
and easements with tree canopy;
(7) Promote the conservation of potable and nonpotable water by
encouraging the preservation of existing plant communities, encouraging the planting of
natural or uncultivated areas, encouraging the use of site-specific plant materials;
encourage xeriscaping and use of native species;
(b) Sec. 23-16. Definitions.
Director means -. - . .. • . -- . . the city manager's
appointee responsible for administering ..' .• .. . - - ., • •
Tree Removal permits.
(c) Sec. 23-17. Applicability; removal of trees; minimum standards; permits;
mitigation; development; enforcement; violations and penalties.
(b)(2)(c) Any tree, including any public protected tree, that poses
imminent danger to the public health, welfare or safety, and requires immediate removal
without delay. In such instances, verbal authorization to remove such tree
may be given by the director.
(d)(1) Permits for site clearing and the removal or relocation of a
protected tree, including any public protected tree in a right of way or easement by a
property owner, shall be obtained by filing an application. Approval of the application by
the tree conversation board and issuance of a permit by the director shall be required
prior to any land clearing or grubbing, prior to any disturbance of the root system or site
Ordinance 95-06-92 Page 1 of 3
AGENDA ITEM #7C
NOVEMBER 27,2006
development, or prior to the occurrence of any changes to an existing developed site. The
site shall be inspected to insure compliance with the approved site plan prior to any
additional permits being issued. Application for site clearing and tree removal or
relocation shall include the following:
(d)(2) An application for a permit for the clearing, removal or
relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above
and a decision shall be made thereon within fifteen (15) working days after receipt of
such application or by agreement by both parties to a time frame. Any person,
organization, society, association, corporation or agent thereof who intends to trim,
prune, cut, disturb roots, or to destroy or remove any tree from any public easement,
public property or right-of-way shall obtain a permit from the director board as discussed
in (1) above. All work shall be conducted in strict accordance with the National Arborist
Association Pruning Standards for Shade Trees, the American National Standards for
Tree Care Operations (ANSI#Z133.1), and any additional conditions of such permit. The
city and its franchise agents are exempt from obtaining a permit to remove, trim, prune,
cut, or disturb roots of any tree within a public easement or right-of-way.
(e)(2) Protected trees identified for removal on the site clearing or tree
removal permit application shall be replaced with new planted trees, unprotected trees or
transplanted trees. In general, pProtected oaks removed shall be replaced only with oaks.
With tree board concurrence, hardwood trees yielding a similar canopy may be used. The
total caliper inches of replacement trees shall equal one-half('/2) the total caliper inches
of protected trees removed, unless otherwise approved by the tree conservation board. If
multi-trunked trees are used as replacement trees, then the total caliper of the four (4)
largest trunks shall equal the replacement caliper. New palms may be used only to
replace protected palms removed. No replacement will be required for protected trees
which are determined by the city to be dead or deteriorated as a result of age, insects,
disease, fire, lightening or other acts of nature.
(g)(3)c. If the site has been cleared and the trees have been removed
from the site so that the director is unable to determine with reasonable certainty the
number of protected trees removed in violation of this subpart [section], the violation
shall be corrected by paying a civil fine of up to one dollar ($1.00) five dollars ($5.00)
per square foot of land cleared, which fine shall be assessed by the code enforcement
board. The contributions and fines assessed under this subsection shall be payable to the
city immediately within seven (7) days after assessment. All amounts received by the
city pursuant to this subsection shall be deposited in the tree replacement account. No
work shall continue on the site until the tree replanting plan has been approved or the
contribution and/or fine has been collected."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which
section shall read as follows:
Ordinance 95-06-92 Page 2 of 3
AGENDA ITEM #7C
NOVEMBER 27,2006
"(g)(3)d. After a notice of violation has been issued by the city
inspector, an additional reinspection fee of Fifty and 00/100 Dollars ($50.00) shall be
paid to the city before any work may begin again."
SECTION 3. This ordinance shall become effective 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 Bussey, City Clerk Donald M. Wolfson, Mayor
Approved as to form and correctness:
Alan C. Jensen, City Attorney
Ordinance 95-06-92 Page 3 of 3
AGENDA ITEM#8A
NOVEMBER 27,2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Ordinance for Wellhead Protection
SUBMITTED BY: Donna Kaluzniak,Utility Director
DATE: November 16,2006
BACKGROUND: The City's 2015 Comprehensive Plan requires that our Land Development
Regulations be amended to include provisions for protecting the City's potable water wells from
sources of contamination. The City's eight wells are deep wells (700 to 1000 feet) into the Floridan
Aquifer.
Research conducted by the St. Johns River Water Management District and the City of Jacksonville's
Environmental Resources Management Department has indicated that faulty deep private wells (wells
that are drilled into the Hawthorne Group or Floridan Aquifer) are a high risk for contaminating public
potable wells. State law also references a list of industries and contaminants with potential to threaten
the public water supply.
Per state law, as part of the ordinance the City will establish a 500-foot radius Wellhead Protection
Area around each public well as shown on the attached map. No new private wells may be drilled and
no existing wells may be deepened into the Hawthorne Group or Floridan Aquifer without obtaining
permits from the City of Jacksonville and the City of Atlantic Beach, and ensuring there is no known
contamination in the area.
Deep private wells in the Wellhead Protection Area will need to be properly constructed and
maintained. The City of Atlantic Beach or their consultants will have authority to inspect these wells at
the owner's cost, and require the owner to make any necessary repairs or to properly abandon the well
if repair is not feasible.
At present, no existing private wells are affected by this proposed ordinance.
Both Neptune Beach and Jacksonville Beach utility personnel have been assisting in development of
this ordinance, and have plans to request similar ordinances for their cities in the future.
BUDGET: No current impact.
RECOMMENDATION: Direct staff to prepare the Wellhead Protection Ordinance
ATTACHMENTS: 1. Proposed Ordinance
2. Map of Wellhead Protection Areas
'' Z_.REVIEWED BY CITY MANAGER:
1
AGENDA ITEM#8A
NOVEMBER 27,2006
ORDINANCE NUMBER -06-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-
01-172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO,
THIS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD
NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE
REGULATIONS, DIVISION I, WELLHEAD PROTECTION,PROVIDING
FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Atlantic Beach fmds and declares that
improperly constructed or maintained private wells in the Hawthorn Group and Floridan Aquifer
that are in proximity to Public Potable Water wells within the City of Atlantic Beach are
potentially harmful to the drinking water supply of the City of Atlantic Beach and its outside-
City service areas.
WHEREAS, the City Commission hereby fmds that adoption of this Ordinance and
implementation of these wellhead protection regulations shall be in the best interests of the
citizens of the City of Atlantic Beach by protecting the drinking water supply and shall also serve
to implement the goals, objectives and policies of the adopted 2015 Atlantic Beach
Comprehensive Plan.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations is
hereby amended to add new Article V, Environmental and Natural Resource Regulations,
Division 1, Wellhead Protection, and upon enactment shall read as follows.
ARTICLE V. ENVIRONMENTAL AND
NATURAL RESOURCE REGULATIONS
DIVISION 1. WELLHEAD PROTECTION
Sec.24-261. Purpose and Intent.
(a) The intent of these regulations to protect and safeguard the health, safety and welfare of the
residents of the City of Atlantic Beach by establishing wellhead protection measures that
safeguard the Floridan Aquifer from intrusion of any contaminants that may jeopardize
present and future public water supply wells in the City of Atlantic Beach. It is also the
intent of the City of Atlantic Beach to augment policies adopted in the Comprehensive Plan
that address the protection of Public Potable Water wells.
1
AGENDA ITEM#8A
NOVEMBER 27,2006
Section 24-262. Definitions.
Faulty Well means any well completed into the Floridan Aquifer or Hawthorne Group which
does not meet the requirements as specified in this Section 24-266.
Hawthorne Group Well means any well that penetrates a portion of the Hawthorne Formation,
with a screened or open hole segment terminating within the Hawthorne Formation.
Potable Water means water which is intended for drinking, culinary or domestic purposes
subject to compliance with state and federal drinking water standards.
Private Well means a shallow aquifer, Hawthorne, or Floridan well that is not a Public Potable
Water well.
Public Potable Water Well means any water well completed into the Floridan Aquifer, which
supplies Potable water to a community water system or to a non-transient, non-community water
system, as those terms are defined in Rule 62-521.200, Florida Administrative Code.
Public Water Supply Utility or "Utility" means the owner of a Public Potable Water Well or
Wellfield.
Risk of Contamination means the existence of a faulty Floridan or Hawthorne well located
within a Wellhead Protection Area, a source of contamination, and/or a gradient in the shallow
aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public Potable
Water well due to cross contamination between aquifers or source waters.
Wellfield means more than one Public Potable Water well owned by a Public Water Supply
Utility in close proximity to each other.
Wellhead Protection Area means an area consisting of a five hundred foot(500') radial setback
distance around a Public Potable Water Well or Wellfield where the most stringent measures are
provided to protect the ground water sources for a potable water well and includes the surface
and subsurface area surrounding the well.
Wellhead Protection Area Map means a map showing the location of the boundary of each of
the Wellhead Protection Areas.
Section 24-263. Establishing and Mapping Wellhead Protection Areas.
(a) There is hereby established a Wellhead Protection Area around each Public Potable
Water Well and/or Wellfield. Wellhead Protection Areas shall be mapped for the
edification of the public and to assist the City in safeguarding the ground water resource.
Any new Public Potable Water wells shall have the Wellhead Protection Areas added to
the map within 30 days of completion of construction.
2
AGENDA ITEM#8A
NOVEMBER 27,2006
Section 24-264. Investigations and Monitoring.
(a) A map shall be developed and kept up-to-date, using the City's GIS system, to show the
location of any known private wells within the Wellhead Protection Area that are drilled
into the Hawthorne or Floridan Aquifer. The mapping shall include a review of available
federal, state and local environmental databases, including, but not limited to, databases
pertaining to Brownfields Redevelopment Programs, Florida Department of
Environmental Protection SIS Contaminated Sites List, lists of commercial hazardous
waste transporters' facilities, hazardous waste notifications, solid waste facilities, storage
tank and petroleum contamination/cleanup records, U.S. Environmental Protection
Agency Comprehensive Environmental Response, Compensation and Liability Act and
Resource Conservation and Recovery Act remedial action sites. Any sites deemed to be
potential contamination risks by the City may be investigated by City staff or their
consultants. In conducting the investigation, the City shall, at a minimum, consider the
condition of such sites; the status of the site within any applicable U.S. Environmental
Protection Agency and/or Florida Department of Environmental Protection regulatory
program; and, any existing or planned remediation activities and site management plans.
(b) Using the City's and St. Johns River Water Management District's (SJRWMD) water
well database, the City shall map private well locations within the Wellhead Protection
Areas and shall assess the depth, use, and condition of each identified private well from
available records. The City shall identify wells known or likely to penetrate the
Hawthorne Group and/or Floridan Aquifer within each Wellhead Protection Area.
Thereafter, the City shall have authority to conduct an investigation of each well into the
Hawthorne Group and Floridan Aquifer to determine the condition of the well and its
potential as a contaminant pathway into the Floridan Aquifer. The investigation may
include a request for records of the well construction, regulatory reports, maintenance
logs or other documents and data records available from the owner or from regulatory
agencies. If the services of a contractor or consultant are needed, the costs may be
charged to the well owner.
(c) The City shall have the right to assess to the best of its ability whether any wells are
located within, or downgradient in the shallow aquifer gradient from a contaminated site
within a Wellhead Protection Area. The City shall determine the condition of the well to
prevent the migration of contaminants from non-Floridan aquifers to the Floridan Aquifer
based on the applicable regulatory standards of design and installation, and proper
maintenance practices including but not limited to the following:
(1) Proper grout seal outside of the casing;
(2) Presence of an approved and certified backflow prevention device if required;
(3) Proper sanitary seal on wellhead;
(4) Concrete pad around wellhead;
(5) Surface water drainage;
(6) Well casing integrity; and
(7) Properly maintained pumping and distribution systems.
3
AGENDA ITEM#8A
NOVEMBER 27,2006
(d) It shall be the responsibility of the City to determine that a Public Potable Water well is at
Risk of Contamination. Once this determination has been made, the City may identify
the specific contaminants of concern, and report to the St. Johns River Water
Management District (SJRWMD) and Florida Department of Environmental Protection
(FDP). Should the services of a contractor or consultant be needed to determine
contaminants of concern, the cost for this determination will be borne by the owner of the
faulty well.
Section 24-265. Prohibitions in Wellhead Protection Areas.
(a) Within a 500-foot radius around an existing Public Potable Water well, those actions and
uses established by the Florida Department of Environmental Protection in Rule 62-
521.400, Fla. Admin. Code, which is adopted by reference, shall be prohibited.
Additionally, no existing private wells shall be deepened and no new wells shall be
constructed within designated Wellhead Protection Areas that penetrate a portion of the
Hawthorne Group or the Floridan Aquifer without first obtaining a well construction
permit from the City of Jacksonville as provided in Environmental Protection Board Rule
8 and including a review of areas on known contamination at or near the proposed or
existing well location. A City of Atlantic Beach building permit must also be received
prior to construction. All new wells within such areas must be fully grouted.
Abandonment of existing wells shall be in accordance with applicable SJRWMD
requirements and a copy of the plugging and abandonment report shall be submitted to
the City.
Section 24-266. Requirements Within Wellhead Protection Areas.
The following requirements apply to all Floridan Aquifer wells, including Private wells, within
the boundary of a Wellhead Protection Area.
(a) All Floridan and Hawthorn wells may be inspected by the City or their consultants at any
time after the effective date of this ordinance. The City shall prioritize re-inspections for
wells that, in its opinion,pose the greatest threat to the Floridan Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a
backflow prevention device in compliance with local plumbing code and Department of
Environmental Protection rules.
(d) Within one year after the effective date of this ordinance, all Private Floridan wells
within a Wellhead Protection Area shall be configured with a sanitary seal on the
wellhead and a concrete pad around the outside of the well casing to prevent leakage of
surface water into the well. Each well shall be finished with a concrete pad a minimum
of 5' x 5' and at least 3" thick. The pad shall be finished above ground surface to allow
surface water to drain away from the wellhead. The surrounding ground surface should
be sloped away from the wellhead, if possible, to further prevent surface water from
collecting at the wellhead.
4
AGENDA ITEM#8A
NOVEMBER 27,2006
(e) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 40C-3, Florida Administrative Code.
(f) The City shall notify the owner of any well that is not found to be in compliance with the
requirements of this section of the violation. Any Private well not properly constructed
or maintained to reasonably prevent contamination from any other aquifer to the Floridan
Aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or
replacement shall be the responsibility of the well owner and/or the owner of the property
on which the well is located. All Private Faulty wells found to be out of compliance shall
have ninety (90) days to either perform those repairs necessary to bring the Private well
into compliance with this section or to properly abandon the well pursuant to the
appropriate standards and procedures. Copies of inspection reports from the St. Johns
River Water Management District confirming that the well has been properly abandoned,
repaired or replaced shall be submitted to the City. If the work is not inspected by the St.
Johns River Water Management District, the City or their consultant shall inspect the
well to confirm that it has been properly abandoned, repaired or replaced at the cost of
the owner, and the abandonment,repair or replacement shall be entered into a database of
well-related information maintained by the City. Failure to properly repair or abandon a
Private Faulty well, pursuant to the requirements of this Section, shall be referred to the
Code Enforcement Board.
Section 24-267. Notice of Release or Spill of Contaminants in Wellhead Protection Areas.
(a) The City shall send written requests to local hazardous release/spill responders to
immediately notify the Public Utilities Department of any and all spills or releases in the
water service area. City staff shall determine if an incident has occurred within a
Wellhead Protection Area. City staff shall notify the State Warning Point,Department of
Environmental Protection, or other regulatory agencies as required by law, depending on
the nature and amount of the spill.
Section 24-268. Authority and Responsibilities of the City.
The City shall have the following powers and duties:
(a) Administer and enforce the provisions of these Wellhead Protection regulations.
(b) Render all possible assistance and technical advice to private well owners, except that the
City shall not design or construct private facilities.
(c) Perform such other administrative duties as may be necessary.
(d) The City shall have the right to inspect privately owned facilities.
SECTION 2. This Ordinance shall take effect immediately upon its fmal 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.
5
AGENDA ITEM#8A
NOVEMBER 27,2006
Passed upon first reading and by the City Commission of the City of Atlantic Beach this
day of , 2006. Passed upon final reading and public hearing this day of
, 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN,ESQUIRE
City Attorney
ATTEST :
DONNA BUSSEY
City Clerk
6
AGENDA ITEM#8A
NOVEMBER 27,2006
:__.•• .:•-•,; Wellhead Protection Area /......\
N
OD Al Legend
1,10
140
0
Rk zill - EE14 COAB Production wells
Li
iAk. 0. .....0- . .__,
600 z 1_. ii
co ct _
0 a * Privately owned deep well
.. °1------.--
_:------- ce • <c-,t) 1_- '-
al
. • a El Privately owned shallow wells 1
S.! r------
IP M
MINIS
-A GAVAGAN '§., •••• 1 500ft Well Buffer
I:. NANTNCKET 5 .
Fe m umir ,
CA-t CHARLE
IPIGON El Z
• n 0 tit
lil.. .
MILI f•
•Z BOCA -- NDE 0
olko7oRUDDER fLoct. irri-7
.U
4
IL
col-.MEM Allill 8WA Az [El 1 0
"" ua CEO - PAN UC• El C--1 r-EI Li F_ IE W,1 aril in
11111212 E inia 11.... .. 111.
6 1
• >-. i
ru.,,, al El
' .
AEI az, kcc ET m El
U) --k UNIO i, . A : El 0 co
0 • ti? ,,,,,
• TR NTO • As El •CE,L' AL
. •
0
37
TC' 'XI
' - NC 111 mi , u
cr • •
4.,
‘v, pot,.is -;.• 2,0
..
I,.\ v
, 0 Ej la 0 imam
Or %1"40• -- --Izatiik r
, L. L
0 A , An,
>- 6_ 19ri
ci
LLI . oj 19TEI 0
MAU -6 '°C. E VII wfl*' ) 1.- ibis I - 9 . 6, •
'---....----'
6 ----v own Id .
z 2/ 18
BUsmagys I CE 0 i•J ---2, • (.4
w :
0_ 0 %1 •••I
.
a ', \ R cm la r.
• I__
...
..... IN
0 a ..,.i.• ,.
0 la -.,- • -
-pp. -10, 0 • ;I
2 B-74r EAm • 7'7A oil, rill*
0 a I I rij L6FD
0 •u
C • -Y w
V
• -- •
' D ••; ISLAM:5111AR g°
- Ii••• .,.,
PAq'• Sg Lu DUDL....1•1
tr--EE4RT - 0 ;, agI u) o_no q]l 1,--ro 1,?, ____!ii.nnt-E-]w LEWI oR4 5...-P4: t. , , r 1-:,;.••
--< •
• ROBERT Z• -7/1/
EITt m LE* Ej
— --z- " NLE L_ IEj \Eb CI-1*
4:-
rnv_liiirpi YE __L___ 12 c-)
'CKSO
IRR ALi
_i •RDELLA GI 7\- 12i- \ ti-TH 111 la Li
EVY • rit.161 ' an rzi
ee <111M-1.- DONNER
-2 IMF 1111111maffigri4r. - - ,
' ,:Un* `---GI .. M a UFOS I
5 0 _ . 404 wiaramixiN - ' ea -
1 vrallif
5 P co 5 0 cn -d '2
0 0- . 1 ICT) 3 5 '. . BO Waft ••, 1"-12 Wail • Fa
Ei 41 u 0
.122CM111 73 . 111
1 r ii
_4 C.). RSAEBDAL0 6.1 IKINGS Z 8T
,1±W (:) 70 •-rT u. 7:;ria
O 9 H
A
111 `-) m i-',- 97-ki ni b m 4. ri Aii L/
u - , •
0 1,000 2,000 4,000 Feet
I I I I I I I I I
MINUTES AGENDA rrEMM#10 A&B
NOVEMBER 27,2006
Board Member Review Committee Meeting
November 9, 2006
1. Call to order
The meeting was called to order by Mayor Pro Tern Dezmond Waters at 5:00 pm. Those in attendance
were Mayor Pro Tern Dezmond Waters, City Manager Jim Hanson, Member Glen Fisher, Member Casey
Quinif, City Clerk Donna Bussey, Public Works Director Rick Carper, Tree Conservation Board Chair
Maureen Shaughnessy and Community Development Director Sonya Doerr.
2. Discuss/review possible reappointment and interview new applicants for the Tree
Conservation Board.
A. Expired Terms:
1. Maureen Shaughnessy
2. Charles Carroll (not interested in reappointment)
B. New Applicants:
1. Robert Gray
2. Ed Raube (unable to attend)
City Manager Hanson explained the expired terms for both members, Maureen Shaughnessy and
Charles Carroll and that Mr. Carroll did not wish to be reappointed. Mr. Carper reported on Ms.
Shaughnessy's attendance and service with the Tree Conservation Board. The Committee discussed
her positive contribution to Board.
(2A) Motion: Recommend reappointing Maureen Shaughnessy to the Tree Conservation
Board for an additional term.
Moved by Fisher, seconded by Quinif
Motion Passed Unanimously
City Clerk Bussey explained Mr. Raube was unable to attend due to a prior commitment this evening.
The Committee interviewed Robert Gray. The purpose of the interview and an overview of the duties and
responsibilities of the Tree Conservation Board were explained. Mr. Gray explained his personal
accomplishments,his goals and his interest in the community. The Committee offered him the
opportunity to ask questions. The Committee responded to those questions. After the interview, the
committee discussed the candidate.
(2B) Motion: Recommend appointing Robert Gray to the Tree Conservation Board to fill the
vacancy of Charles Carroll.
Moved by Fisher, seconded by Waters
Motion Passed Unanimously
3. Discuss/review possible reappointment(s) and new applicants for the Community
Development Board.
A. Expiring terms:
1. Lynn Drysdale
2. David Machines
3. Chris Lambertson
Minutes of the Board Member Review Committee Meeting on November 9,2006 Page 1 of 2
AGENDA ITEM#10 A&B
NOVEMBER 27,2006
CITY OF ATLANTIC BEACH
BOARD I COSIMITTEE MEMBER APPLICATION FORM
Please check(-,;)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.)
U Code Enforcement Board Community Development Board
O Pension Board of Trustees ' Tree Conservation Board
O Cultural Arts and Recreation Advisory Committee
APPLICANT'S NAME: 0 12)).5,"g. 1 A1
ADDRESS: 1' 5 0 Crl'5.
DAYTIME PHONE: /174 1:a ',) EVENING PHONE:
cow44,4AT,
E-MAIL ADDRESS: r cc r 1; Q etf,i- FAX OV1,) L9f., 1"
Please explain any employment experience,board/committee experience, and/or community volunteer
experience relative to the board/committee applying for.
IA 14 17 (.11 er. r%) Ck1v1% 71
C Cr) 114 1.14 fij ../rtvrt— /k-1-0 4tAr
(..,-0J4 ) ltr) d & Tr,' .010-‘ A)
01'fovwcri$, 1^J "(11,0,* 19p 0)9 "41,47 Iv*/ Arfi1L-a Alv-r
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.
117•i tigikt ITto 4'4
trt ''*(01 CL-i;41 1 11 tgi h
Cli1A Li' ul k1 VtIN 0 tAt4V ,
Please return completed farm to
Donna L. Bussey, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32221
A
• . .
• . .... _
--.. _ ....-
... ,
S
...• .1r- _ ...0.1._ .
,.... — ...-
-
.... .
... ,_
-
- '•:,.. ••
' . . . -,...„,
. .
Tt •) '•. r. .
?ii''Ir AMP
- --
_ „, ___
.... - - - ' . ,,,
-..... 4.. ' ......o..-
-
00011P' •
----- /"*.- ' -le . -• ...„, —
. . .
...
---r
0
•0110"441-"
_ . ••-.' 't ---'11:-ri""
' OP' .6.
..Mgr....-."'
0 ..2.
37 , --to '- li, ,
- .
, _ ..,.. - . _
..,...L
' • 1
...
,---
-:- '--- '- - - . A• i -• ' '''41, ' -.1. '‘''''''...'*m.,•. ikakv. •".°1'---ar."".- I..... ....b."'"-'4"-'\'''-'`'. -''
' -gm
_ 17--7-
14 d I S...- I -:•-•'-- _-
11. -4. •.-' .r' .,.- 0-....- - -
.0.."
- •,k
ono LAr►.
-rwa-t-E
oa-
1.-4►4.0 9E-rac.a.0
4 ' 4b
AligENININININFINIONNO1111
_, PM1111
ILL& ✓iii,
ZAP
Gvrl
GR-A-?((--
c,12-616- P -P