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09-13-04 v"" MINUTES REGULAR CITY COMMISSION MEETING SEPTEMBER 13, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Attorney Alan C. Jensen Commissioner Paul B. Parsons Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of August 23, 2004 Motion: Approve Minutes of the Regular Meeting of August 23.2004 ,,, as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Former Mayor Bill Gulliford of 75 Beach Avenue provided background information concerning the Island Club Condominium parking problem (Item 3A). He indicated that Commissions inherit and build on the good things from previous Commissions, but by the same token, they also inherit negatives. He commented that parking at the site was an issue when he was Mayor, and indicated that the problem was caused when a previous Commission ignored its own ordinance and allowed the building to be constructed with minimal on-site parking. Mr. Gulliford indicated that during his tenure the city's parking sticker program was implemented and a certain number of spaces were designated for Atlantic Beach residents at the 10`" Street access, which seemed to solve the parking problems for the residents of the Island Club Condominiums. Mr. Gulliford pointed out that the current Commission resolved an inherited September 13, 2004 REGULAR COMMISSION MEETING Page 2 negative when the city improved and took over maintenance of the Selva Marina Streets, and as a matter of fairness, the city should do something for the residents of the Island Condominiums. Discussion ensued. Mayor Meserve inquired if the building was originally constructed with parking spaces. Mr. Gulliford recounted that it was built with four on-site parking spaces on one end of the building. Mayor Meserve believed that the city had nothing to do with the owner of the Island Condominiums (Bikini Apartments) selling the parking spaces to the adjoining property owner. Commissioner Waters stated that he had done some research and commented that the property was developed as a Planned Unit Development (PUD) with no acreage requirement. He pointed out that there was anoff-street parking requirement, but the Commission at that time was remiss in enforcing the requirement and also did not follow up when the four parking spaces were sold. Oscar Gunther of 707 Rio Lindo Drive stated that he was one of the first owners of 35 lOt" Street and each unit had two parking spaces on the street marked with the apartment number in yellow paint. He indicated that there ~ was also a sign attached to the wall marked "Private Parking". He stated that he bought the unit with the understanding that this was and would continue as the parking arrangement. Erik Gunther of 35 10th Street stated that he purchased the property from his father and had recently moved to Atlantic Beach from South Beach in Miami. He believed the parking was ambiguous from the beginning and something should be worked out with the city. He indicated that he would like to live at 35 10`h Street permanently, but the parking situation was giving him second thoughts. He believed the original value placed on the parking spaces was too high, and would only be justified if you could build on the property. Mr. Gunther indicated that if the spaces were not leased to the property owners, the only alternative he could see would be to remove his patio and ask for a curb cut to access a parking space. Bob Curry of 65 10th Street spoke in favor of the city leasing ten parking spaces to the residents. He pointed out that surfers and fishermen use the access-parking spaces on a daily basis, with other beach goers filling the spaces on weekends. Mr. Curry requested that the Commission consider leasing ten spaces to the property owners for $300 per year, per space with ten-year transferable leases. He believed no precedent would be set because the city currently leases parking spaces to Hulihan's on Atlantic Boulevard. Mr. Curry pointed out that most of the property owners lived on-site and the others Seutember 13. 2004 REGULAR COMMISSION MEETING Page 3 !'~ were long-term renters, and they would be paying the city $3,000 per year for access to their property, which other residents of the city get for free. Bill Taylor of 95 10`" Street provided a photograph of the sign that used to hang on the building indicating "Private Parking". He spoke in favor of the lease agreement and believed it would not set a precedent. Mr. Taylor pointed out that the residents of Island Condominiums were not using the parking spaces to go to the beach, but for access to their homes and that private use of public land occurred everyday when residents of the city drive their cars over city right-of--way and into their garages. John Smith of 5 10`" Street believed the city caused the parking problem and should take the lead to solve it. Curt Sanders of 2320 Barefoot Trace spoke in opposition to leasing the access parking spaces and suggested the residents lease parking spaces from the forty available spaces at the adjacent condominium. He urged the Commissioners to review the objections to this request expressed during the July 12th Commission Meeting. Sheldon Weiner of 1510`" Street stated that he worked from his home and viewed the beach and parking area everyday. He believed the parking problems were caused by surfers and suggested that their parking be restricted to four hours per day on weekends during the summer and there would be no problem. J.P. Marchioli of 414 Sherry Drive believed that by law, residents should be allowed ingress/egress to their property and the city should provide one parking space per unit to the residents of Island Condominiums. Mr. Marchioli favored annexation of the property located west of Oceanwalk discussed at the previous meeting, and commented that due to a plumbing problem he experienced, he learned that his home and two others had been connected to one 4 inch sewer line. Jane Wytzka of 352 Second Street believed it was unfair to base a decision on the number of citizens who spoke in favor of the lease of a parking space. She stated she was opposed to any lease agreement, and felt the city would be subsidizing rental property if approved. Ms. Wytzka believed there was ample parking on 10`" Street for everyone to park. Ms. Wytzka also commented that the owners of two rental properties near her home failed to clean up their property after the hurricane and indicated that her neighbor removed tree limbs, which shaded her property and now she was afraid she would lose her shade-loving plants. She believed the tree ordinance should be readdressed to prevent this from happening in the future. September 13. 2004 REGULAR COMMISSION MEETING Paee 4 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. Action on Resolution No. 04-07 approving the lease of parking space agreement for owners of Island Club Condominiums Motion: Adopt Resolution No. 04-07. Commissioner Waters believed that it was reasonable for residents to expect the right to park in front of their homes. He indicated that except for the Mayor who lives on a private road, each Commissioner used city right-of- way to access their homes. Commissioner Waters believed no precedent would be set by leasing parking spaces to Island Condominiums and he cited several examples from the past where city property was either leased or parking spaces given up for development. He believed leasing the ten spaces would undo the missteps of a previous Commission and pointed out that monetarily it would cost the city nothing. He recounted the number of parking spaces at various beach accesses and felt there were adequate spaces to compensate for the leased spaces at 5th and 10th Streets, with the reconfiguration of existing spaces at 10th Street and the five additional spaces at 15th Street. Commissioner Waters urged the Commissioners to grant the request. Commissioner Simmons provided her perspective on several items concerning the request. Commissioner Simmons recounted her experience living next to asingle-family residence, which was converted to an eleven- unit condominium and believed that most often it was very difficult or impossible for a current Commission to resolve actions taken by previous Commissions. Commissioner Simmons believed the city could do something about the Island Condominium request, but it should not be considered requisite on the additional parking proposed for Mandalay Park. She also commented on what she perceived to be zoning problems from the past at the Cloisters and Sea Place Condominiums on 10th Street, which caused parking oversights. Commissioner Simmons asked Curt Sanders where he got the figure of forty extra parking spaces on 10th Street and Mr. Sanders responded that a gentleman stated that figure during a previous meeting and that was why he requested that the Commission review the information presented earlier. Commissioner Simmons believed that if that many spaces were available, someone would have negotiated a lease for them by now. Commissioner Parsons believed the city should consider additional parking at Mandalay Park with the request and agreed with Commissioner Waters comments. He indicated that the property was known as Island Club Condominiums and inquired if they were an association. City Attorney Jensen responded that if they were a "condominium", the association September 13, 2004 REGULAR COMMISSION MEETING Page 5 would have to be registered with the State of Florida, and most of them would have a Homeowners' Association. Commissioner Parsons referenced Item 1(b) of the lease agreement and stated this section would cause problems if the property owners were not organized as an association. He requested that the request be deferred until such time as they became organized as an association. Commissioner Beaver stated that those who spoke in favor of the lease agreements were residents of Island Club Condominiums, but at previous meetings more residents expressed opposition to leasing the spaces. He expressed concern that the original PUD required off-street parking, which was not enforced, and believed any person buying an Island Club Condominium in the future, should be required to have off-street parking. He believed potential property owners should do their research before buying property to make sure they know exactly what they are buying. Commissioner Beaver also expressed concern with granting ten exclusive leases to Island Club Condominiums, while other residents also expressed a desire to rent parking spaces at the site. Mayor Meserve stated that this was a difficult issue and he too had concerns with leasing public property for private use. He further stated that he had weighed all the pros and cons of the request and from his standpoint, he believed the cogent issues were: (1) The condominium owners already park in the city spaces, so the city would not lose ten parking spaces, (2) If the owners chose to do so, they could remove their patios and park their cars up against the front of their house and the city would have to provide curb cuts, which would also take away the parking, and (3) If spaces are taken away, then ten spaces should be given back. The Mayor stated he would vote in favor of the request if two conditions were written into the lease. He felt that to prevent future litigation in case one person decided not to pay for a space, there should be a collective lease for ten spaces with the homeowners' association paying for ten spaces with one check of $3,000 per year. He also requested that reference to Mandalay Park be removed from the Resolution and Lease Agreement and on advice of the City Attorney an equal number of parking spaces be created someplace other than Mandalay Park. Amendment to the Motion: Amend Resolution 04-07 to remove reference to Mandalay Park in paragraph four and in Section 1, Items (a) and (b), and require that the lease be with ayet-to-be formed homeowners association rather than with ten individual owners. Commissioner Waters inquired as to the P1JD for this development -. requiring off-street parking. City Attorney Jensen, who sat as a Commissioner during the development, stated he did not remember the September 13, 2004 REGULAR COMMISSION MEETING Page 6 requirements froml979, but the conversion to condominiums was approved with parking only on the west end of the building. He believed if the PUD required on-site parking, it was legally waived by the Commission, and if signs were put later by the builder/developer designating the parking spaces for "Tenants Only" that was not approved by the city. City Attorney Jensen believed that it was important for the Commission, even with disassociating the parking with Mandalay Park parking spaces, but keeping the requirement to add additional spots, was part of the Commission's factual determination that the public property located at 10`h Street was no longer needed for a municipal purpose. Commissioner Beaver confirmed that they were voting to allow the lease to happen, and if the conditions could be met, they would enter into a lease at a later date. City Attorney Jensen advised that the resolution included approval of the lease of the parking space agreement and the new conditions would have to be incorporated into the lease. Commissioner Beaver Confirmed the Commission was in agreement with the $300 per year per space figure. Moved by Waters, seconded by Parsons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: I -Beaver MOTION CARRIED Moved by Meserve, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 1 -Beaver AMENDMENT TO THE MOTION CARRIED Town Hall Meeting Mayor Meserve stated that Jacksonville Council Member Art Graham, who was present earlier in the meeting, wanted to let everyone know he was holding a Town Hall Meeting from 7:00 - 9:00 p.m. on September 23, 2004 at Fletcher High School. B. City Manager's Follow-up Report City Manager Hanson summarized his written report. A copy of the report is attached and made part of this official record as Attachment A. Hurricane Frances September 13, 2004 REGULAR COMMISSION MEETING Page 7 In addition to the written report, City Manager Hanson asked each Department Head to update the Commissioners on the damage caused by Hurricane Frances. Utility Department Water Plants Utility Director Kaluzniak reported that the water treatment plants operated with generators throughout the hurricane. She indicated that numerous alarms went off due to power fluctuations and there were several broken waterlines caused by uprooted trees. Wastewater Treatment Plants It was reported that the wastewater treatment plants operated with generators during the storm and there were no DEP violations. Ms. Kaluzniak indicated that the power fluctuations caused the SCADA alarms to go off. She indicated that twenty-one of the thirty lift stations were without power, and the larger lift stations operated by their own generators. Ms. Kaluzniak indicated there were no sewage spills due to staff carrying ~ the portable pumps and a generator between lift stations without generators. It was also reported that two motors were damaged and a fence at one plant was blown over. Commissioner Beaver inquired as to how the SCADA system worked. Ms. Kaluzniak stated that the system worked well by identifying the problems, but there were some adjustments that needed to be made. Commissioner Waters requested that the name "City of Atlantic Beach" on the city water tank (Water Plant #4), which is actually located in the City of Jacksonville, be muted since it reinforced a misconception that it was located in Atlantic Beach. He also inquired as to the status of the installation of the new water tower. Ms. Kaluzniak stated that due to the unfortunate accident resulting in the death of a worker, OSHA was still investigating and it would be at least two more weeks before work could resume. Building Department Building Official Don Ford reported damage to fifty buildings in the city, most of which was damage to roofs or the result of trees falling on structures. He indicated that the roof of one building under construction blew off in the high winds, and the newer buildings constructed to the more ,~" stringent hurricane standards faired better than the older buildings. September 13, 2004 REGULAR COMMISSION MEETING Page 8 Public Safety Department Chief Thompson reported that his department provided traffic control when the power was out, monitored flooding, blockages, downed power lines and even helped with debris removal during the storm. He indicated the department building operated with their emergency generator and all radios and 911 remained in service. Public Works Department Public Works Director Carper reported numerous downed trees on the north end, core city and Main Street areas of the city. He indicated that 89 tons of debris had been removed by the city at a cost of approximately $90,000. It was further reported that the city experienced no flooding during the high winds and rain and they were called to barricade downed power lines. Public Works Director Carper commended Jim Deming and his crews for their work. Copies of the Public Works and Utility Departments Reports are attached and made part of this official record as Attachment B. Commissioner Parsons commended the city staff for their work during the storm. Mayor Meserve stated that city staff and he would be meeting with Jim Dickinson, the JEA's Chief Operating Officer, in the near future to discuss problems related to Hurricane Frances, which left Atlantic Beach residents without power, some for as long as five days. Mayor Meserve indicated he wanted to discuss better communications, electrical system integrity, and mapping with him. Agenda Item 7E was taken out of sequence and acted on at this time. E. Ordinance No. 20-04-66 Emergency Ordinance AN EMERGENCY ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. City Manager Hanson stated that the emergency budget amendment was needed to transfer funds to pay for extra debris removal costs related to the hurricane. The Mayor read the ordinance by title only. September 13. 2004 REGULAR COMMISSION MEETING Paee 9 Motion: Declare a state of emergency in Atlantic Beach. There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Motion: Pass Emergency Ordinance 20-04-66 on first and second readings. The Mayor opened the floor for a public hearing. No one spoke and the public hearing was closed. There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 - .*. MOTION CARRIED City Manager Hanson indicated that there would be other costs related to the hurricane, including repair to damaged buildings, generators and motors. He indicated that the cost for debris removal was consistent with what other municipalities were paying, and FEMA would reimburse the city 100% of costs for the first three days and 75% of costs after that, with the state possibly picking up one-half of the local expense or 12.5% of the cost. He indicated that the state had not made any commitment to pay their usual share since they just suffered back-to-back hurricanes. City Manager Hanson indicated it could take up to two years for FEMA to reimburse the city. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of the monthly report from the Building Department, report of new Occupational Licenses issued in August, and Utility Sales Report for July B. Extend welding contract with Ace Fabrications LLC for one additional year at contract prices in Bid No. 0102-26 (City Manager) C. Extend point repair contract with Gruhn May, Inc. for one additional year at contract prices in Bid No. 0203-23 (City Manager) September 13, 2004 REGULAR COMMISSION MEETING Paee 10 Motion: Approve Consent Agenda Items A, B, and C, as presented. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports There were no Committee Reports Action on Resolutions 6. Action on Resolutions A. Resolution No. 04-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING BUDGET POLICIES AND PROVIDING AN EFFECTIVE DATE Motion: Approve Resolution No. 04-10. *. Mayor Meserve explained the Budget Policy. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and First Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 Mayor Meserve read the ordinance by title only. Mayor Meserve announced that the current millage rate was 3.0394, and a tentative millage rate of 3.0394, which was 7.025% higher that the roll-back rate of 2.8399 mills. The Mayor indicated that the purpose for the increase in ad valorem tax revenue was to maintain adequate funding for the existing level of service provided by the city. "'" Motion: Adopt a tentative millage rate of 3.0394 mills. September 13, 2004 REGULAR COMMISSION MEETING Page 11 The Mayor then opened the floor for a public hearing and invited comments from the audience. No one spoke and the Mayor closed the public hearing. Commissioner Waters commented that the tentative millage rate could be lowered but not increased above the 3.0394 mills. City Manager Hanson commented that there had been almost no increase in the amount of revenue received by the city and the proposed operating budget for Fiscal Year 2004/05 was based on the current millage rate of 3.0394. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 20-04-65 on first reading. The Mayor opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. The Mayor announced that the second public hearing and adoption of the budget ordinance would be held during the next Regular Commission Meeting on September 27, 2004 at 7:15 p.m. There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 31-04-04 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; September 13, 2004 REGULAR COMMISSION MEETING Page 12 '"' AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 31-04-04 on final reading The Mayor opened the floor for a public hearing. Curt Sanders of 2320 Barefoot Trace inquired if passage of the ordinance would have any impact on Johnston Island. Community Development Director Doerr responded that it would not impact Johnston Island. Valerie Britt of the Pablo Point Civic Association expressed concerns relative to development in the Coastal High Hazard Area and its impact on the Pablo Point development, and reiterated her concerns as presented at the July 12, 2004 Commission Meeting. (A copy of the information Ms. Britt presented is included with the July 12, 2004 Regular Commission Meeting Minutes). No one else spoke and the Mayor closed the public hearing. "'", Community Development Director Doerr commented on the final revisions to the Comprehensive Plan adoption document as listed in her memo dated August 27, 2004, which is attached and made part of this official record as Attachment C. Commissioner Simmons referenced the Coastal High Hazard Map and stated that Johnston Island was not colored blue. Community Development Director stated that she would correct the map. Commissioner Waters inquired as to the definition of a High Hazard Area. Ms. Doerr stated that it was defined as a Category One Evacuation Zone. She indicated that an evacuation zone and storm surge zone were not the same. Commissioner Waters also inquired concerning allowing residential development in a commercial district. Ms. Doerr stated that this was put into the code subsequent to the Community Development Board recommendation and the Landers-Atkins study of the Mayport Road Corridor. It was thought that over a long period of time it would help re- energize the area in conjunction with commercial development, such as allowing commercial on the first floor and residential use on the second floor "" of the building and would only be allowed outside of the high hazard area. Seutember 13, 2004 REGULAR COMMISSION MEETING Page 13 ~"" Commissioner Waters inquired concerning the wording in Policy A.1.5.6 on page A-7 relative Planned Unit Development regulations and indicated it was not listed under other appropriate land use patterns. Ms. Doerr stated that it was not a land use category, but a zoning category. She indicated that to establish a PUD, you would have to follow the PUD regulations. It was discussed that the 1999 Comprehensive Plan affected Johnston Island. Commissioner Waters referenced Policy A.10.1.2 on page A-11. Ms. Doerr advised that almost all of the city's wetland protection was found in the new Comprehensive Plan. Commissioner Waters also requested an explanation of Item (g) found at the bottom of page A-14. Ms. Doerr explained that the Florida Building Code established construction standards. He confirmed that the Building Code did not establish land use patterns. Ms. Doerr indicated that this item was added to the plan due to the stricter coastal construction codes established by the State of Florida. Mayor Meserve inquired concerning the Category 1-5 evacuation zones relative to the city's dune area. Ms. Doerr explained that the dune area was not in the storm surge area. She indicated that the Storm Surge Atlas designated where the city was likely to flood according to elevation, but it was a different map than the Coastal High Hazard Area map. °°~ Commissioner Waters expressed concern for building in the Coastal High Hazard Area. Ms. Doerr explained that construction in a flood zone was addressed in the building code. Don White of 2069 Selva Marina L?rive inquired concerning the zoning of the sliver shaped parcel just north of Fleet Landing that used to be zoned Open Rural, but was now shown to be Medium Density Residential, and was actually wetland. Ms. Doerr stated that this was the correct designation on the Future Land Use Map, but it did not mean it would be developed as medium density residential. Moved by Parsons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 65-04-33 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF - ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS: SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES, September l3, 2004 REGULAR COMMISSION MEETING Page 14 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 65-04-33 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 75-04-16 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 75-04-16 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Commissioner Beaver confirmed that the fine for parking in a handicapped area was increased to $500. He pointed out a scrivener's error on the second page of the ordinance that showed the previous fine of $250. It was also noted that parking fines increased from $15 to $50. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Ordinance No. 20-04-66 Emergency Ordinance AN EMERGENCY ORDINANCE AMENDING THE ~,.,,,, OPERATING BUDGET FOR THE CITY OF ATLANTIC September 13, 2004 REGULAR COMMISSION MEETING Paee 15 BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. This ordinance was taken out of sequence and acted on earlier in the meeting. (The ordinance was placed on the agenda on an emergency basis to approve a budget amendment to the Sanitation Fund for debris removal costs related to hurricane Frances). 8. Miscellaneous Business PUD Information A. Acknowledge receipt of the Staff Report relative to Planned Unit Developments, and a copy of the city's PUD regulations and publications from the Planning Commissioner's Journal and the ICMA's Practice of Local Government Planning related to PUD's Commissioner Waters referenced the last page of the information related to PUD's from the ICMA's Practice of Local Government Planning and stated that the development shown on the left side of the page, which was the initial site plan for the development, looked like the final site plans approved in Atlantic Beach. Commissioner Waters believed PUD's were no longer feasible in the city, due to the limited amount of developable land left in the city. Mayor Meserve cited Fleet Landing as an example of a good PUD, and stated it could have been built with hundreds of apartments, which would not been very attractive, with access to Selva Marina Drive. He believed the PUD concept gave flexibility to city. Commissioner Simmons expressed concern that the city just gave everything away in the PUD process and commented that it seemed the city ended up with greater density at the expense of open space. She suggested that the city tighten up the PUD and Land development codes and follow them very closely. Community Development Director Doerr pointed out that the Commission had not seen a PUD come through the process under the new regulations, which were strengthened since the Paradise Preserve development. Discussion of the current PUD regulations compared to the previous regulations ensued. Commissioner Waters requested that a minimum acreage requirement be included with all PUD's. A copy of the city's PUD regulations was requested and Ms. Doerr stated she would provide a copy to the Commissioners. September 13, 2004 REGULAR COMMISSION MEETING Page 16 It was the consensus of the Commission that a discussion of PUD requirements, including acreage and contract zoning be placed on a future agenda. Hurricane Policy B. Discussion and action related to approve the Hurricane Policy Amendment change in compensation for City of Atlantic Beach employees identified as essential personnel and who are required to evacuate and stay at the designated shelter with the city workforce Motion: Approve the amended Hurricane Policy as presented. City Manager Hanson explained the changes. There was no discussion. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report. A copy of the report is attached and made part of this official record as Attachment D. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Commented that Johnston Island would be on the agenda for the next meeting and inquired that since the height of the project was changed from 88' to 35', should the request go back before the Community Development Board. Mayor Meserve requested an opinion from the City Attorney on the process to be followed concerning the request. City Attorney Jensen advised that the Commission was still acting on the initial application and the Community Development Board makes a recommendation to the Commission where the final decision rests. He indicated that it was September 13, 2004 REGULAR COMMISSION MEETING Page 17 perfectly legal for them to make changes to the PUD application or plans with the Commission negotiating a compromise. Community Development Director Doerr stated that the public hearing for the ordinance had already been advertised and it should be held at the next meeting. • Commended the city staff for their work during Hurricane Frances. Commissioner Simmons • Thanked everyone who worked during Humcane Frances to keep the citizens safe and the city services operating. Commissioner Parsons • Commented on the poor service the city received from the JEA during the hurricane that left residents without power for up to five days. Commissioner Waters • Thanked the city for the reception held to honor the city's volunteers and stated it was very well received. • Relative to Johnston Island requested a comparison of the previous and current request. • Commented on the poor service provided to the city by the JEA and excellent service provided by the Jacksonville Beach Energy Services. • Inquired concerning the status of the Joint Welcome sign with Neptune Beach. City Manager Hanson indicated that Neptune Beach was supposed to check with the FDOT concerning their requirements for signs and he would contact Neptune Beach concerning the sign. Mayor Meserve • Stated he would be appearing before the MPO on October 14tH concerning the Mayport Road corridor and he could bring up the Welcome sign at that time. • Reiterated that he would be meeting with Mr. Dickinson of the JEA to discuss the problems experienced during the hurricane. September 13, 2004 REGULAR COMMISSION MEETING PaEe 18 Commissioner Waters commented on the addresses in the 1800 block of Seminole Road being inconsistent with even/odd numbering and suggested the Commission consider renaming "Seminole Road" Seminole Beach Road to avoid confusion with Seminole Road located in Jacksonville. Adjournment There being no further discussion, th Mayor declared the meeting adjourned at 10:35 p.m. /~,~ I , ATTEST: C __.----- Jim a son I rim Municipal Clerk „''. idin~ Officer ATTACHMENT A SEPTEMBER 13, 2004 COMMISSION MEETING September 8, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans --Eity-Ibfan SUBJECT: Follow p Report Policy on Enforcement of Safety Zone Requirements; Some questions were asked at the last commission meeting about the ordinance amending Chapter 19 about how the city's Public Safety Department would enforce the newly revised provisions of Section 19-5 for safety zones. The Public Safety Department does not intend to apply the new standazds retroactively and require removal of existing items in the newly created safety zones unless they create a clear and present public safety hazard. Such a hazard may be defined as "a set of conditions that endanger/imperil citizens who are engaged in lawful, reasonable, and normal activities in a public place." Because it is not possible to identify and articulate every possible public safety hazazd that may arise, the Department may be required to exercise judgment in applying this definition. If and when the new ordinance becomes effective, the Department will video-record the streets and roadways throughout the city, to provide a record of the existing conditions in the safety zones. No prohibited items will be allowed to be placed in the safety zones a$er the effective date of the ordinance. In most cases when violations azise, the Department will contact the property owners to request voluntary compliance and correction. If voluntazy compliance is not achieved then the city may correct the problem and chazge the property owners consistent with this section of the code. In raze cases, when the hazazd to public safety is very high, the Department may have the corrections made immediately to protect lives and property, and charge the property owners for the expense consistent with the code. Sims at BP Station; The Commission asked on a couple of occasions about the signs for the service station at the intersection of Plaza Drive and Mayport Road. The Amoco station had been converted to a BP station, but the freestanding signs had not been replaced in accordance with city codes. It is reported at the last meeting that letters had been sent to the owners of the station requesting that they comply with the new city sign regulations. Alex Sherrer spoke with their representatives recently and was assured that they planned to remove the old sign and replace it with a new one that meets our regulations within the next couple of weeks. s A'CTACHMENT B SEPTEMBER 13, 200=~ COMMISSION MEETING Public Works -Road Clearing Public Works crews worked nearly around-the-clock starting about 1 PM Sunday to keep roadways clear of fallen trees • Crews removed over SO trees from public streets, with the majority being in the Oceanwalk, Selva Norte and Selva Marina neighborhoods Public Works -Debris Removal ~ Public Works crews have worked many extra hours, removing over 89 tons of debrss, with efforts focused maintaining street access and large debris exceeding standard size limitations Many instances of Tree Services /Contractors not removing debris they cut, leaving for Ctty forces to collect ~ Waste Services of Florida was contracted for debris removal, collecting over 466 tons of debris to date Public Works - Stormwater Staff has worked to keep drains and ditches clear Dangerous areas or downed power lines barricaded Public Works -Customer Service Calls ~ City staff has fielded hundreds of calls from citizens with questions about power outages, debris removal, water and sewer service, hurricane evacuation or procedures ~-~ «. i ,Cx:~~; 2 Public Works -Frances Fatigue Public Utilities -Water • Treatment Plants operated continuously during and after the storm ~ Ran under generator power during power outages 1Numerous SCADA a/antts due to powerjluctuations. 1No loss ofpressure or boil water notices • Responded to water breaks due to uprooted trees Public Utilities -Sewer Plants ~SewerPlants operated continuously during and after the storm. 1Ran under generator power during outages 1Numerous SCADA alarms, equipment resets needed due to powerjluctuations. ~No DEP permit violations Public Utilities -Collection System Power outages at 21 of the 301 stations. Large stations were run by on-site generators Small stations were run with portable generator or pumped down with portable pumps ~No sanitary sewer overflows Public Utilities -Damages ~Fluctuatingpower and lightning Several electrical problems at plants and lh stations ~Eguipment (motor) damage to water and wastewater equipment High winds 1Fence damage at Water Plants 1 and 3, and Wastewater Plant #2 Fence Repair at WWTP #2 1 The entire north and west side of the fence blew onto Wonderwood Road 4 AT'T'ACHMENT C SEPTEMBER 13, 2004 COMA~ISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Final reading and public hearing of Ordinance 31-04-04 to adopt EAR Based Amendment to the 1990 Comprehensive Plan SUBMITTED BY: Sonya Doerr, AICP ,,~,~ Community Development Director DATE: September 2, 2004 BACKGROUND: The EAR Based Comprehensive Plan Amendment must be adopted by ordinance with one additional public hearing, which is the required adoption stage public hearing. Following adoption, the City will forward the adopted Comprehensive Plan to DCA, and assuming there are no further objections or challenges to our amendments, DCA will. within 20 days publish a Notice of Intent (NOI) to issue a Final Order finding the EAR-based amendments in compliance with Chapter 163, at which time the amendments will become effective. BUDGET: No budget issues. RECOMMENDATION: Approval upon final reading of Ordinance 31-04-04. ATTACHMENTS: Memo identifying final changes as advised by DCA. Proposed Ordinance 31-04-04, and adoption document including map series. •. (A copy of the adoption document and maps remains available for inspection at City Hall from the Building and Zoning counter.) REVIEWED BY CITY MANAGER: ~--- September 13, 2004 regular meeting ATTACHMENT D SEPTEMBER 13.2004 COMMISSION MEETING a September 8, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso C. u . i. • - , SUBJECT: City Manag; 's Report Palms Apartments, 100 Mayport Road; Based upon some work done jointly with the city Police Department,the city's Building Inspector found that several of the unoccupied units at the Palms Apartments located at 100 Mayport Road did not meet city building standards for maintenance. In many of the units, the hot water heaters, plumbing, windows, doors and roofs need replacing or repairs. Additionally, the apartments did not have smoke detectors. Some of • the vacant units had been broken into by vagrants and illegal activity had been conducted. The city's Building Department had cited 16 of the vacant units as unsafe for human habitation and ordered the utilities disconnected until the owner makes extensive repairs. AGENDA ITEM #7B SEPTEMBER 13, 2004 MEMORANDUM TO: Jim Hanson, City Manager FROM: Sonya Doerr, AICP ~~ Community Development Director DATE: August 27, 2004 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5806 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us REGARDING: Final revisions to Comprehensive Plan adoption document Jim, I have continued to coordinate with the Department of Community Affairs (DCA) regazding pending adoption of our EAR-based Comprehensive Plan amendments. DCA staff offered a few additional comments and suggestions related to our wetland provisions. Rule 9J-5.013 (3) F.A.C., ~,,,,, Policies Addressing the Protection and Conservation of Wetlands (attached) requires that "wetlands and the natural functions of wetlands shall be protected and conserved " through a "comprehensive planning process "that is set forth within the Conservation Element of the Plan. Our Plan and the proposed amendments contain numerous polices throughout, which address wetlands. At the suggestion of DCA, I have pulled together the various provisions related to wetlands and put them in a new Objective (A.1.2) entitled: Wetlands, Environmentally Sensitive Areas, and Estuarine Environments DCA also suggested that we put our existing wetland buffer requirement in the Comp Plan, not just in the Land Development Regulations. The 25-foot buffer requirement is now in Chapter 24-Sec. 24-I03 (f). DCA also had a question about residential use in the Central Business District. The CBD zoning regulations now allow a single dwelling unit (a live/work type unit only) and also residential as a secondary use with approval of aUse-by=Exception. DCA objected to allowing this in the Coastal High Hazard Area, and asked that I add the "outside the CHHA" language in the CBD policies. (The eastern part of the CBD is in the Coastal High Hazard Area.) The final comment related to the Capital Improvements Element. Rule 9J-5.016 requires that we identify "existing revenue sources and funding mechanisms available for capital improvement financing, such as ad valorem taxes, bonds, state funds, federal funds, gas taxes." This of course, is included in our budget document, so with Nelson's help, I have tried to more clearly address this in a Plan policy, and I will provide DCA with the appropriate section from our budget as the required background data and analysis. I have attached the pages with underlined sections noting the above, and I do not believe that any of these are "substantive" changes requiring another first reading. There aze no changes in the enacting ordinance or title, and Florida Statutes require only one more public hearing to adopt, which has been advertised for September 13~'. AGENDA ITEM #7B SEPTEMBER 13, 2004 9J-5.013 Conservation Element. The purpose of the conservation element is to promote the conservation, use and protection of natural resources. (1) Conservation Data and Analysis Requirements. The element shall be based upon the following data and analyses requirements pursuant to subsection 9J-5.005(2), F.A.C. (a) The following natural resources, where present within the local government's boundaries, shall be identified and analyzed: 1. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters and air, including information on quality of the resource available from and classified by the Florida Department of Environmental Regulation; 2. Floodplains; 3. Known sources of commercially. valuable minerals; 4. Areas known by the local soil and water conservation district to have experienced soil erosion problems; and 5. Areas which are the location of recreationally and commercially important fish or shellfish, wildlife, marine habitats, and vegetative communities including forests, indicating known dominant species present and species listed by federal, state,. or local government agencies as endangered, threatened or species of special concern. (b) For each of the .above natural resources, existing commercial, recreational or conservation uses, known pollution problems including hazardous wastes and the potential for conservation, use or protection shall be identified. (c) Current and projected water needs and sources for the next ten-yeas period based on the demands for industrial, agricultural, and potable water use and the quality and quantity of water available to meet these demands shall be analyzed. The analysis shall consider existing levels of water conservation, use and protection and applicable policies of the regional water management district. (Z) Requirements for Conservation Goals, Objectives and Policies. (a) The element shall contain one or more goal statements which establish the long-term end toward which conservation programs and activities are ultimately directed. (b) The element shall contain one or more specific objectives for each goal statement which address the-requirements of pazagraph 163.3177(6)(d), F.S., and which: 1. Protect air quality; 2. Conserve, appropriately use and protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters; 3. Conserve, appropriately use and protect minerals, soils and native vegetative communities including forests; and 4. Conserve, appropriately use and protect fisheries, wildlife, wildlife habitat and marine habitat. (c) The element shall contain one or more policies for each objective which address implementation activities for the: 1. Protection of water quality by restriction of activities and land uses known to affect adversely the quality and quantity of identified water sources, including natural groundwater recharge areas, wellhead protection areas and surface waters used as a source of public water supply; 2. Conservation, appropriate use and protection of areas suitable for extraction of minerals; 3. Protection of native vegetative communities from destruction by development activities; AGENDA ITEM #7B SEPTEMBER 13, 2004 4. Emergency conservation of water sources in accordance with the plans of the regional water management district; 5. Restriction of activities known to adversely affect the survival of endangered and threatened wildlife; 6. Protection and conservation of the natural functions of existing soils, fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands including estuarine marshes, freshwater beaches and shores, and marine habitats; 7. Protection of existing natural reservations identified in the recreation and open space element; 8. Continuing cooperation with adjacent local governments to conserve, appropriately use, or protect unique vegetative communities located within more than one local jurisdiction; 9. Designation of environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element; and 10. Management of hazardous wastes to protect natural resources. (3) Policies Addressing the Protection and Conservation of Wetlands (a) Wetlands and the natural functions of wetlands shall be protected and conserved. The adequate and appropriate protection and conservation of wetlands shall be accomplished through a comprehensive planzung process which includes consideration of the types, values, functions, sizes, conditions and locations of wetlands, and which is based on supporting data and analysis. (b) Future land uses which are incompatible with the protection and conservation of wetlands and wetland functions shall be directed away from wetlands. The type, intensity or density, extent, distribution and location of allowable land uses and the types, values, functions, sizes, conditions and locations of wetlands are land use factors which shall be considered when directing incompatible land uses away from wetlands. Land uses shall be distributed in a manner that minimizes the effect and impact on wetlands. The protection and conservation of wetlands by the direction of incompatible land uses away from wetlands shall occur in combination with other goals, objectives and policies in the comprehensive plan. Where incompatible land uses are allowed to occur; mitigation shall be considered as one means to compensate for loss of wetlands functions. Speck Authority 163.3177(9), (10) FS Law Implemented 163.3177, 163.3178 FS History-New 3- 6-86, Amended 10-20-86, 5-18-94. AGENDA ITEM #7B SEPTEMBER 13, 2004 2015 COMPREHENSIVE PLAN Policy A.1.1.1 Land development within the City shall be permitted only where such development is compatible with environmental limitations of the site and only when submitted plans demonstrate appropriate recognition of topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant environmental features, habitats, and areas of unique interest or beauty. The potential for development proposals to adversely effect such areas shall be considered prior to the issuance of development permits. Policy A.1.1.3 The City shall protect potable water well fields and surface waters from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to potable water wells. Such incompatible land uses shall include all Industrial uses, but shall also include uses, which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with Environmentally Sensitive Areas. Policy A.1.1.4 The City's Land Development Regulations shall be amended by December 31, 2005 to include provisions for wellhead protection and to address limits on activities that have the potential for contaminating soil as well as ground and surface waters. Objective A.1.2 Wetlands, Environmentally Sensitive Areas and Estuarine Environments The Citv shall protect, conserve and enhance the natural functions of existing wetlands, marsh and estuarine systems and other Environmentally Sensitive Areas in order to maintain the quality and function of natural systems and wildlife habitats. Policy A.1.2.1 The City shall protect wetlands and other Environmentally Sensitive Areas, as may be identified by Map A-2 and Map A-4 of the Future Land Use Map Series or as may be identified by other accepted environmental survey methodologies and their functions from the adverse impacts of development by maintaining required upland buffers between wetlands and adjacent development as set forth within this Plan and as implemented through the Land Development Regulations. EAR Based Amendment A-3 Future Land Use Element - GOPS Adopted September 13, 2004 Ordinance Number 31-04-04 AGENDA ITEM #7B SEPTEMBER 13, 2004 2015 COMPREHENSIVE PLAN A natural vegetative upland buffer of twenty-five (25) feet shall be required and maintained between development and adjacent wetlands Where required, such buffer shall be measured from the jurisdictional wetland line as established by the appropriate regulatory agency Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to wetlands Such incompatible land uses shall include all Industrial uses, but shall also include uses which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with wetlands and estuaries. Policy A.1.2.3 The City shall require that as a_condition of development approval new construction projects provide effective stormwater management which avoids the contamination or degradation of Environmentally Sensitive Areas, wetlands, marsh and estuarine environments in accordance with applicable water quality standards of the St. Johns River Water Management District the City's National Pollutant Discharge Elimination Systems (NPDES) permit and stormwater Management Plan and the Land Development Regulations as may be amended. Policy A.1.2.4 The City shall not issue development permits that would significantly alter wetland communities and functions. Policy A.1.2.5 The City shall enforce all applicable wetland regulations, includin those as set forth within the Conservation and Coastal Management Element of this Plan and shall continue to develop and implement comprehensive strategies to provide for the effective protection of wetlands, marsh and estuarine systems and other Environmentally Sensitive Areas within and adjacent to the City. Objective A.1.3 Maintaining Residential Character 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, 2) provides for the preservation and protection of the dense tree canopy, and 3) which provides for varied and diverse recreational opportunities, including the preservation, acquisition and development of public access to the beach and other water-related resources. EAR Based Amendment Adopted September 13, 2004 A-4 Future Land Use Element - GOPS Ordinance Number 31-04-04 AGENDA ITEM #7B SEPTEMBER 13, 2004 2015 COMPREHENSIVE PLAN (c) Central Business District -This area contains swell-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is an economic, cultural, historic and architectural anchor of the City. Within the Central Business District a sinale Dwellina Unit within the same Buildinq containing a Permitted Use occupied by the owner or an employee of such Permitted Use shall be allowed, provided that such Buildinq is not located within the Coastal High Hazard Area. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. (d) Light Industrial -The Light Industrial category shall be limited to light manufacturing and production, storage, warehousing and distribution uses as further controlled by the Land Development Regulations. Light industrial uses may have outdoor storage and business related activity, but such. uses shall not include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris, chemicals or hazardous materials. (e) Public and Semi-Public - These areas include uses such as accredited public and private schools, government uses, buildings, structures,. utilities and public services and infrastructure, including police, fire and emergency services. (f) Recreation and Open Space -These areas include public and private parks, open space, passive and active recreation areas. All beach areas that are seaward of private property lines shall be considered as Recreation. Permitted uses shall include active and passive recreation activities including bikeways and pedestrian trails, skateboard parks, ball fields, tennis courts and the like. Public safety uses, including lifeguards, fire, and police services may be located in Recreation areas. The use and development of Recreation areas shall be further controlled by the Municipal Code for the City of Atlantic Beach and the Land Development Regulations. (g) Residential -Residential designated in accordance further controlled by the Florida Building Code. EAR Based Amendment A-14 Adopted September 13, 2004 uses shall be permitted in those areas so with the applicable permitted density and as Land Development Regulations and the Future Land Use Element - GOPS Ordinance Number 31-04-04 AGENDA ITEM #7B SEPTEMBER 13, 2004 2015 COMPREHENSIVE PLAN Objective H.1.3 Public Expenditures within the Coastal High Hazard Area The City shall not make public expenditures that subsidize land development within the Coastal High Hazard Area other than improvements as required to implement the Objectives and Policies identified within the Coastal Management Element. Policy H.1.3.1 The City shall coordinate with the appropriate agencies to ensure improvements as appropriate and necessary to protect and re-nourish dunes and beach areas, and to maintain or replace public facilities and provide improved recreational opportunities. Objective H.1.4 Funding for Capital Improvements The City shall manage its fiscal resources and establish through revisions to its Land Development Regulations, as required by section 163.3202, F.S. equitable facility cost allocation and concurrency requirements in a manner that ensures the City's capability to meet future capital improvement needs, which are associated with continued development and redevelopment of the City. Policy H.1.4.1 The City's annual adopted budaet which identifies General Fund and other revenue sources and all fund expenditures and all governmental debt obligations, (as set forth within the Debt Service Fund) is hereby identified as sugportinq data and analysis for this Capital Improvements Element. The annual budget shall continue to contain a Capital Improvement Plan adequate to at a minimum maintain the adopted Levels of Service as set forth within this Plan amendment Policy H.1.4.2 The City's annual budgeting process shall reflect immediate as well as long-term implications of capital project expenditures in terms of trends and projections in the City's fiscal condition, expressed public attitudes, Comprehensive Plan provisions, and consistency with the plans of regional service agencies, the St. Johns River Water Management District, and other entities with whom coordination of facility planning is appropriate. Criteria for evaluating capital project expenditures shall include: (a) the urgency of need based upon health, safety and welfare considerations of the general public; (b) the orderly scheduling to maximize funding availability; and (c) .opportunities for coordinating expenditures so as to improve efficiency and effectiveness of public services. EAR Based Amendment H-6 Capital Improvements Element GAPS Adopted September 13, 2004 Ordinance Number 31-04-04 AGENDA ITEM #7B SEPTEMBER 13, 2004 l~ 2015 COMPREHENSIVE PLAN Policy H.1.4.3 The annual budget shall include a review of two~ears of actual history an estimate for the current year the proposed year then the final approved budget for the following fiscal year The adopted capital expenditures budget shall be segregated both by program area and by revenue fund type and shall identify existing and projected revenue sources and funding mechanisms. Policy H.1.4.4 The annual adopted budget shall continue to include a yearly Schedule of Capital Outlay and also a Long Term Financial Plan which shall be evaluated, reviewed and adjusted during the budgeting process as may be necessary to correct existing deficiencies or to address emergency needs. Policy H.1.4.5 The City shall review the Capital Improvements Element not less than once annually, and funding for capital improvements shall be given priority as set forth with Table H-5, Schedule of Capital Improvements, 2004-05 through 2008-09, or as priorities may be established during the annual review process. Objective H.1.5 Sharing of Costs of Facility Improvements Each future development project undertaken within the City shall be required to bear a proportionate cost of facility improvements necessitated by the project in order to maintain adopted Level of Service standards. Policy H.1.5.1 The City shall include within its Land Development Regulations, in accordance with section 163.3202, F.S., provisions to establish proportionate cost assignment for improvements to public facilities as required to maintain adopted Level of Service standards. EAR Based Amendment H-7 Capital Improvements Element COPS Adopted September 13, 2004 Ordinance Number 31-04-04