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07-12-04 v CITY OF ATLANTIC BEACH COMMISSION MEETINGS JULY 12, 2004 5:00 PM City Commission Workshop to discuss topics and options related to preservation of community character within Old Atlantic Beach 7:15 PM Regularly scheduled meeting of the City Commission Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of June 28, 2004 2. Courtesy of Floor to Visitors A. Presentation of Superior Achievement Award to Jack Baldwin and Paul Paloti 3. Unfinished Business from Previous Meetings .~,, A. City Manager's follow-up report B. Present proposed design for aesthetic improvements to the 5-points intersection 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 reports from Public Wgrks and Utility Departments, Building Department, report of new Occupational Licenses issued in June, and Utility Sales Report for June (City Manager) B. Extend the annual contracts for environmental laboratory services for one additional year to Advanced Environmental Services, Inc. at a 3% increase and to Columbia Analytical Services at the current contract prices (RFP 0102-7) (City Manager) C. Award the annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at the unit prices submitted in Bid No. 0304-19 (City Manager) 5. Committee Reports 6. Action on Resolutions A. Resolution No. 04-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000 B. Resolution No. 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. Ordinance No. 25-04-37 Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-25, BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 80-04-69 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1) CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS OUTSIDE THE CITY. ADDING SECTION 22-27 (I ) MONTHLY WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC . RATES FOR RESIDENTIAL, COMMERCIAL AND IRRIGATION BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN INCREASE IN COMMERCIAL WATER BASE FACILITY CHARGES BASED ON METER SIZE OVER A FOUR YEAR PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION OF AN BLOCK RATE STRUCTURE AND CREATING SECTION 22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b) ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL UNITS AND CREATING SECTION 22-27(2)(c) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING RATES AND BLOCKS FOR THE MULTIPLE UNIT AND COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3) CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III, WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO RENAME THE CHARGE WASTE WATER BASE FACILITY CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL CLASSES AND TO DELETE SECTION 22-I66(c) MONTHLY BASE SURCHARGE FOR REVENUE GENERATION. TO AMEND SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME CHARGES DELETING SECTION 22-167(a), (a)(1), (a)(2) AND REPLACING THEM WITH SECTION 22-167 (a) ESTABLISHING A BLOCK RATE STRUCTURE, (a)(I) ESTABLISHING RATES AND BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED '"'"'' HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS AND DELETING SECTION 22-176 REVENUE GENERATION SYSTEM ESTABLISHED, DELETING 2 "~ SECTION 22-177 DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL IMPROVEMENTS, DELETING SECTION 22-178 USE OF ACCRUED FUNDS, DELETING SECTION 22-179 CERTIFICATION OF REVENUE GENERATION SYSTEM, DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN EFFECTIVE DATE. C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTNE DATE D. Ordinance No. 52-04-02 -Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 80-04-68 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1 UTILITY DEPOSITS PARAGRAPH (B) DELETING REFERENCE TO THE PAYMENT OF INTEREST ON CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Appointments to the Cultural Arts and Recreation Advisory Committee (4) B. Direct city staff to prepare amendments to the City's tree ordinance in accordance with earlier discussions, and to present those amendments to the Commission for review and adoption (City Manager) C. Authorize the Finance Director to establish a "Rate Stabilization Fund" from the ,,, fund balances of the water and sewer funds in the amounts of $200,000 each (City Manager) 3 D. Authorize the City Manager to enter into a contract with Arista Information Systems, Inc. for outsourcing utility bill printing and mailing services including return envelope, and to negotiate terms for newsletter printing, insertion and mailing with utility bills (City Manager) E. Approve changes to the City's employee health insurance coverage: (1) Approve changing to Aetna Insurance effective September 1, 2004 (2) Approve changing the City's health insurance from an HMO/PPO to an HMO/POS (3) Approve changing the City's contribution rate to 100% of the HMO employee-only coverage, and for those employees who choose coverage for additional family members, 55% of the difference in the rate for employee- only and the selected level of coverage F. Accept the retirement of the City Clerk and provide direction to staff regarding filling the position G. Approve proposed modification to Police training position (City Manager) 9. City Manager 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, July 9, 2004. 4 '" MINUTES REGULAR CITY COMMISSION MEETING JULY 12, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen 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 June 28, 2004 Motion: Approve Minutes of the Regular Meeting of June 28, 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 A. Presentation of Superior Achievement Award to Jack Baldwin and Paul Paloti It was reported that Jack Baldwin and Paul Paloti designed, fabricated and installed the new walkway guardrails at the City Hall complex, which saved the city approximately $35,000. Mayor Meserve commended Messrs. Baldwin and Paloti for their work and presented Mr. Paloti with a check for his share of the employee award. Mr. Baldwin was not present to receive his award. Mr. Paloti thanked the Commissioners for implementing the Superior Achievement Award Program and stated that he was happy that Mr. Baldwin and he could save the taxpayers of Atlantic Beach some money. July 12, 2004 REGULAR COMMISSION MEETING Page 2 Pat Pillmore of 995 Camelia Street commented on the proposed water rate increase and felt the city should educate its citizens to conserve water, but if the city needed additional revenues it should say so. She also felt that if the city changed a sign from "No U-Turns" to "No Turns" a warning for a violation should be issued before a ticket. Scott Shine of 4390 Richmond Park Drive, Jacksonville, representing the Surf Riders organization, stated that he was opposed to the city's proposed leasing of any beach access parking spaces (Item 6B), and requested that no leases be signed until parity is reached with the spaces gained. Harold Brodeur of 1965 Sevilla Boulevard West opposed the construction of high-rise condominiums on Johnston Island as not fitting the residential character of the city (Items 7C and 7D). He also urged the preservation of the marshlands. James Fletcher of 340 Garden Lane opposed construction of condominiums on Johnston Island as being in violation of the city's Comprehensive Plan. He also expressed concern for increased traffic in a high hazard area needed for hurricane evacuation and the need to conserve "blueways." Mr. Fletcher stated he did not want a condominium built higher than the bridge at the entryway to the city. He then inquired if any compromises had been reached with the developers since the first presentation, and if not, suggested that lowering the height, providing public access to water from the site, and requiring that the development reflect the character of Atlantic Beach, be considered. Sally Clemens of 1638 Park Terrace West believed the city was sending conflicting messages when tree plantings and beautification projects were being promoted, but consideration was being given to change Conservation Lands to medium density, Residential and General Commercial (Item 7C). She believed the city should purchase the Johnston Island property and maintain it as a recreational area for the citizens of Atlantic Beach. Alan Potter of 374 2"d Street stated he was opposed to the proposed condominium development on Johnston Island. He also expressed opposition to the proposed water/sewer rate increase, which would provide a 7.17% increase in revenues to the city. He believed the reduced consumption, which equated to less water being pumped, saved the city electricity and chlorine costs, which he believed should offset the lost revenues. He felt water consumption would increase when the military returned from Iraq and any rate increase was unjustified. Bob Curry of 65 10th Street, who lives at the Island Club Condominiums, spoke in favor of the city leasing ten parking spaces to the residents (Item 6B). He believed this was the right thing for the city to do to provide a July 12, 2004 REGULAR COMMISSION MEETING Paee 3 solution to a unique problem. Mr. Curry distributed copies of a 1998 letter from to Richard Bon~,er of the Army Corps of Engineers, which stated there would be no problem with using ten spaces adjacent to the condominium if ten others were created for public use. Brian Wolfe of 1884 Sea Oats Place stated that he considered but did not buy a condominium at the Island Club due to the parking situation. He believed the access parking spaces should remain open to the citizens of Atlantic Beach. He believed that if they were to be rented, others maybe willing to pay more for a beach access space than the suggested fee of $300 per year. Dick Hilliard of llt" Street expressed concern that the utility lines that would run to Johnston Island would have to be supported on pilings through the marsh and would not be very attractive. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) He believed the Commissioners should not raise the water and sewer rates (Item 7B), and suggested that they at least lower the base utility rate and give some type of rebate for those residents who install water- conserving fixtures, (2) He commented that speeding was still occurring on Sherry Drive and reminded the Commissioners that a petition signed by 78 residents had been submitted requesting that something be done about the problem, (3) He believed beautification of the five-points area was a waste of money, and (4) He opposed Resolution No. 04-06. Peter Sapia of 1655 Selva Marina Drive stated that he had gone to Johnston Island and believed height of the building should not be an issue because the buildings could not be seen from the bridge. He suggested that the Commissioners hold off on any improvements at the five-points area until they see what demand will be placed on Plaza after the opening of the Wonderwood Bridge. Sharon Scholl of 2049 Selva Marina Drive spoke in opposition to the Johnston Island development (Items 7C and 7D) for the following reasons: (1) The land was inches above the water and a hurricane storm surge would destroy the buildings, (2) A marina at that particular location on the waterway was not a good idea due to the high volume of boat traffic, (3) Public space would be lost, and (4) The public in general was opposed to going over the 35' height limit. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Julv 12, 2004 REGULAR COMMISSION MEETING Paee 4 A. City Manager's Follow-Up 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 A. Lease for 10`" Street Parking Public Works Director Rick Carper displayed photographs of Mandalay Park, located one block from the 16`" Street beach access, where ten shaded parking spaces could be created to compensate for the leased spaces on 10"' Street. He indicated that an additional three spaces could be developed on the north end of the park. The cost to develop the parking spaces was reported to be $29,000. Item 6B was taken out of sequence and acted on at this time. 6B. Resolution No. 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Resolution No. 04-07. Mayor Meserve commented that the buyers of the Island Club Condominiums were aware of the parking situation when they bought the units. He believed that at least ten of the eighteen beach access parking spaces were occupied most of the time by the condominium owners, unless they left and the spaces became occupied on a first come, first serve basis. The Mayor stated that he would like to solve the problem, if there would be away to guarantee that the city would not lose any public parking spaces. Mayor Meserve indicated that new beach parking could be developed at Mandalay Park. He indicated that before he could support leasing spaces, it was important to discuss the cost because the only thing discussed was an owner designed plan, which contained a nominal fee for leasing the parking spaces. He indicated that he would like the following items to be considered before entering into any lease for parking spaces: (1) The city must create ten spaces or more spaces, (2) The spaces must be created and in place before any spaces are leased to the Island Club, (3) The lease payments would pay the city for the creation of the new parking spaces, with assurance that the debt will be repaid within a reasonable number of July 12, 2004 REGULAR COMMISSION MEETING Page 5 +'"~' years, (4) All residents of Island Club must agree with the lease agreement or there will be no agreement, and (5) The initial agreement would be for one year with automatic renewal and should contain an out clause in case it does not work out between the city and lease holders. Commissioner Waters indicated that the problem needed to be resolved and there was a general expectation that you should be able to park in front of your home. He believed the city should be responsible for signage to mark the spaces and that the new parking spaces should be created before any leases were signed. Commissioner Parsons agreed with the Mayor's suggestions and indicated that he wanted a condition to be included in the lease agreement prohibiting subleasing of parking spaces. Commissioner Beaver commented that he had met with several of the residents of the Island Club. He indicated this was a tough issue to resolve because the owners purchased the units knowing there was no parking. He stated that as soon as the city passed the resolution the property values of the owners would increase because they now have parking. He expressed concern with the lease fee of $300 per year the city was placing on the parking spaces, and indicated that other city residents might also want to rent a parking space for $300 per year. Commissioner Beaver believed the signage and parking decals for the cars should be provided by the city. He also requested that the residents at 16th Street be notified of the City's intent to create new parking spaces at Mandalay Park. Commissioner Waters indicated that he had spoken with staff and it was determined that two additional parking spaces could be created at the Tenth street access allowing ten spaces for the public on the east end and ten private spaces on the west end. Discussion ensued and Commissioner Simmons believed something should be tried for aone-year trial period. Amendment to the motion: Amend the agreement to include the following items: (1) The city must create at least ten new parking spaces before any spaces are marked and leased to the Island Club, (2) The spaces must be contiguous, (3) All or nothing -all ten residents who need parking spaces must enter into a lease agreement or there will be no agreement, (4) There will be no subleasing of parking spaces, (5) The city will provide signs and decals for the cars, and (6) The city will register the cars being parked in the leased spaces. Julv 12, 2004 REGULAR COMMISSION MEETING Page 6 ~5) The city will provide signs and decals for the cars, and (6) The city will register the cars being parked in the leased spaces Moved by Meserve, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters AMENDMENT TO THE MOTION CARRIED City Attorney Jensen drew the Commissioners' attention to the fourth paragraph of the resolution and requested that they consider whether the property to be leased was not currently needed for any municipal purpose. He indicated that it was his opinion that the property was needed for a municipal purpose -beach access parking. Discussion ensued and the Mayor indicated that he would like to defer this matter for further discussion. Motion: Defer further discussion to the July 26, 2004 Commission Meeting. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 1 -Beaver THE MOTION CARRIED Agenda Items 7C and 7D were taken out of sequence and acted on at this time. C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE July 12, 2004 REGULAR COMMISSION MEETING Page 7 Community Development Director Doerr noted that there was a minor typographical error on one of the maps contained in the staff report package, and it should read a total of 3.6 acres of medium density residential and .5 acres of commercial. Anthony Robbins, of Prosser Hallock Planners and Engineers, and a member of the Bridge Tenders, LLC project team for the redevelopment of Johnston Island, displayed an aerial photo of Johnston Island and explained the site contained a total of 7.5 acres, with about 4 acres of uplands. He pointed out that the site was located three-fourths of a mile from the nearest home and was an abandoned commercial site that had been rezoned several times in the past, from industrial to open rural and then conservation lands. He indicated the site was not a unique, pristine location, but was comprised of disturbed uplands, which contained dilapidated buildings left on the commercial site. Mr. Robbins stated that the proposed development plan consisted of an estimated 30-36 condominium units, a private yacht club/marina, restaurant, abed and breakfast, parking and other amenities. He pointed out that parking would be under the condominium buildings and there would be no open, large surface retention ponds. Access to the site would continue to be from the FDOT maintained road, and a traffic study had been completed which indicated a total of 76 p.m. peak hour trips from the site. Orientation photos illustrating the height of the condominiums relative to the height of the bridge were displayed. Mr. Robbins stated that the initial height of the buildings was first proposed to be 88', but the height was lowered to a maximum of 72'. Conceptual drawings of the physical appearance of the development were also displayed, and Mr. Robbins briefly went over the planned amenities. He indicated that approval of the Planned Unit Development (PUD) would require an amendment to the Comprehensive Plan, requiring a small scale amendment to amend the 2005 Future Land Use Map from Conservation to Residential, Medium Density and from Conservation to Commercial. A copy of the Redevelopment Proposal for the Atlantic Beach Yacht Club is attached and made part of this official record as Attachment B. Mayor Meserve opened the floor for a public hearing. Dick Hilliard, former Public Works Director for the city, pointed out that the water and sewer lines to serve the development would have to be elevated on pilings through the marshland, which he believed would be unattractive. Mr. Fletcher of 340 Garden Lane stated that he was concerned about sound. July 12, 2004 REGULAR COMMISSION MEETING Page 8 Patricia Goelz of 1359 Beach Avenue opposed the project. Mrs. Goelz felt the property was similar to Dutton Island and should remain undeveloped, but if it was developed, the height should be limited to 35' and there should be public access to the property. Tom Goelz of 631 Beach Avenue believed there was no need for this type of development in Atlantic Beach. Mike Mickle of 268 Vela Norte Circle requested that public access to the property be maintained. Pat Pillmore of 995 Camelia Street opposed the project. She expressed concern for the wetlands and indicated that they needed to be protected from development. Lisa Bruno of 377 Plaza opposed the project and stated that city should preserve green space. No one else spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning the utilities. Mr. Robbins stated that the utilities would be underground, and would be built to city specifications. Commissioner Waters inquired concerning the ownership of the road. Mr. Robbins indicated that the road was a private road maintained by the FDOT. Commissioner Waters stated that the city needed to clarify if the road was private or owned by the FDOT. Commissioner Beaver concurred. He felt that if there was any public access, it should be maintained. The Mayor stated that it was his understanding that the road was, and always had been a private road maintained by the FDOT. Community Development Director Doerr noted that the Johnston Island property was private property and not presently open to the public. Discussion of the status of the road ensued and Mr. Robbins agreed to clarify the ownership of the road. Commissioner Simmons inquired concerning the ownership of the property south of the road and under the bridge. Mr. Robbins responded that he had no knowledge concerning that property, and it was not part of the proposed development. Mayor Meserve inquired how the property was zoned when annexed. City Attorney Jensen advised that the property was zoned IW -Industrial Waterfront. He then read a list of permitted uses under that zoning and pointed out some of the permitted uses within IW zoning. He indicated that the changes in zoning were implemented to incorporate the other areas surrounding the property. He believed that if there were to be a lawsuit, the July 12, 2004 REGULAR COMMISSION MEETING Page 9 "" owners might try to regain. what was allowed on the property prior to annexation. Commissioner Beaver recapped some of the past uses of the property. He recalled that at one time the city tried to purchase the property to preserve it, but could not come to terms with the owners. He pointed out that Johnston Island was always an industrial site. He reviewed the city's options for the property, and stated that it would be unrealistic to think nothing was going to be developed there. Commissioner Beaver stated that ownership of the access road needed to be clarified. He also expressed concerns relative to the property being an abandoned industrial site and indicated that the developers would face many regulators to ensure the property was cleaned up and environmentally safe. He indicated that he had a concern with the proposed height of the condominiums, but it was an isolated area, one mile from the nearest residential development. He felt that the regulations set forth by the Commission in the PUD were for a unique piece of property located under a 78' bridge and he believed they would not set a precedent for future development in other parts of the city. He believed the proposed project was not a bad project, but the height was still an issue for him. Commissioner Parsons agreed with Commissioner Beaver. He inquired concerning construction of a south seawall on the property. Mr. Robbins indicated that rip-rap or some other stabilizing media would be used on the Island but he was unsure if anything would be done to the area under the bridge, which was not part of Johnston Island. Commissioner Parsons commented that he could live with a 66' height for the building, but not 88' Commissioner Simmons indicated that she was not in favor of the commercial aspects of the proposed redevelopment. Discussion of previous rezoning classifications of the property ensued. It was pointed out that the zoning designation of the property was changed to Conservation when the Open Rural category was eliminated as a zoning district within the city. Community Development Director Doerr stated that the deed for the Bridge Tenders property listed several encumbrances, and read into the record an encumbrance on the deed that maintains any rights the public has to the area. Moved by Beavers, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 52-04-02 -Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE July 12 2004 REGULAR COMMISSION MEETING Page 10 NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 52-04-02 on first reading. Mayor Meserve opened the floor for a public hearing. Dick Hilliard of 338 11th Street reiterated his concerns relative to the above-ground utility lines. Patricia Goelz of 1359 Beach Avenue stated she was opposed to height as presented. Jamie Fletcher of 340 Garden Lane inquired concerning the height of the ~, development under construction on the southwest corner of the Intracoastal Waterway. It was reported that those condominiums would be 85' in height. He stated that he was opposed to that height for the Johnston Island development. He agreed that ownership of the ingress to the Johnston Island property need to be clarified. Valerie Pickett of 351 4th Street inquired concerning the PUD process and inquired if the PUD was transferable if the project was not built. She was told it was not transferable. Ms. Pickett favored a 35' height limit. Peter Sapia of 1655 Selva Marina Drive commented that drivers would not be able to see the building from the bridge. Tom Goelz of 631 Beach Avenue favored a 35' height limit. No one else spoke and the Mayor closed the public hearing Commissioner Waters stated that he could not vote for a PUD at 88' and stated he did not want to exceed the 35' height limit. Commissioner Beaver stated that he had concerns with the Bed and Breakfast aspect of the proposed development and stated he preferred to keep the development a residential community. Mr. Robbins stated that the B & B was intended to be an option and may or may not be part of the July 12, 2004 REGULAR COMMISSION MEETING Page 11 development. He indicated that the traffic study was based on the resort hotel criteria. Commissioner Beaver stated that he felt comfortable exceeding the 35' height in this application, as long as it did not exceed the height of the bridge. Commissioner Beaver asked Mr. Robbins to address what is the minimum acceptable height limit --between 35' and 72' -that would make this a viable project. Mr. Robbins responded that the compromise height was 72'. Discussion of the height ensued. The Commissioners requested that the height be reduced from the 72' and Mr. Robbins responded that he could work with a figure in the high sixties. Mayor Meserve inquired concerning from where the height of 72' was measured. It was determined that it was measured from the center of the bridge, which is located west of the proposed development. Further discussion ensued and Mr. Robbins stated that the developer would consider using 69' as the building height. Discussion ensued regarding changes that could be made between first reading and second reading of the ordinance, and the City attorney was asked to address this issue. The Commissioners discussed amending the motion to limit height to 69' for the purpose of continuing consideration until the next meeting. Discussion of the bed and breakfast and marina ensued. Commissioner Simmons inquired if the B & B would be private or open to the public. Mr. Robbins responded that it was not for public use. Commissioner Simmons stated that she wanted this to be a condition of the PUD. Commissioner Waters spoke against any marina use by the general public, and reiterated his preference fora 35' height limit. Amendment to the motion: Approve with the addition of the followin conditions: (1)The height will be limited to 69 feet, (2) the Bed and Breakfast restaurant will not be opened to the public, and not be a franchise or a drive through and (3) development would be subiect to the three conditions listed on Page 4 of Community Development Director Doerr's Staff Report dated June 30, 20004. (A copy of the Staff Report is attached and made part of this official record as Attachment C). Moved by Beaver, Parsons Votes: Aye: 3 -Beaver, Parsons, Meserve Julv 12, 2004 REGULAR COMMISSION MEETING Page 12 Nay: 2 -Simmons, Waters AMENDMENT TO THE MOTION CARRIED Moved by Beaver, Parsons (Motion to approve Ordinance No. 54-04- 02) Votes: Aye: 3 -Beaver, Parsons, Meserve Nay: 2 -Simmons, Waters THE MOTION CARRIED B. Present proposed design for aesthetic improvements to the 5- points intersection (Discussion of Item 3B was deferred to the July 26, 2004 meeting). The Mayor called a recess to the meeting at 10:50 p.m. The meeting was reconvened at 11:05 p.m. Consent Agenda. 4. Consent Agenda A. Acknowledge receipt of monthly reports from Public Works and Utility Departments, Building Department, report of new Occupational Licenses issued in June, and Utility Sales Report for June B. Extend the annual contracts for environmental laboratory services for one additional year to Advanced Environmental Services, Inc. at a 3% increase and to Columbia Analytical Services at the current contract prices (RFP 0102-7) (City Manager) C. Award the annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at the unit prices submitted Bid No. 0304- 19 (City Manager) Commissioner Waters requested that Agenda Item B be removed from the Consent Agenda for further discussion. Motion: Approve Consent Agenda Items A, and C as presented. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Commissioner Waters inquired concerning the missing attachments from the staff report. Utility Director Kaluzniak believed the documents were Julv 12, 2004 REGULAR COMMISSION MEETING Page 13 attached when the report was submitted but stated she would provide Commissioner Waters the information. Motion: Approve Consent Agenda Item B as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutions: A. Resolution No. 04-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000 '" Motion: Approve Resolution No. 04-06. Commissioner Simmons stated that she needed more information concerning the proposed resolution. Discussion of shifting the tax burden ensued. It was pointed out that an additional $25,000 tax exemption was currently available to low income senior citizens living in Atlantic Beach. Moved by Beaver, seconded by Parsons Votes: Aye: 3 -Beaver, Parsons, Meserve Nay: 2 -Simmons, Waters MOTION CARRIED B. Resolution No. 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE Item 6B was taken out of sequence and acted on earlier in the meeting. Ordinances ~• 7. Action on Ordinances July 12, 2004 REGULAR COMMISSION MEETING Page 14 A. Ordinance No. 25-04-37 Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-25, BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 25-04-37 on first reading. Commissioner Waters referenced subsection (a) of the ordinance and inquired concerning how the view would be protected. City Manager Hanson. responded that the setback and height requirements protected the view. The Mayor announced that the final reading and public hearing for the ordinance would be July 26, 2004. Moved by Beaver, seconded by Parsons ~"' Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 80-04-69 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1) CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS OUTSIDE THE CITY. ADDING SECTION 22-27 (1) MONTHLY WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC RATES FOR RESIDENTIAL, COMMERCIAL AND IRRIGATION BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN INCREASE IN COMMERCIAL WATER BASE FACILITY CHARGES BASED ON METER SIZE OVER A FOUR YEAR PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION OF AN BLOCK RATE STRUCTURE AND CREATING SECTION 22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b) ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL UNITS AND CREATING SECTION 22-27(2)(c) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING July 12, 2004 REGULAR COMMISSION MEETING Page 15 RATES AND BLOCKS FOR THE MULTIPLE UNIT AND COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3) CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III, WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO RENAME THE CHARGE WASTE WATER BASE FACILITY CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL CLASSES AND TO DELETE SECTION 22-166(c) MONTHLY BASE SURCHARGE FOR REVENUE GENERATION. TO AMEND SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME CHARGES DELETING SECTION 22-167(a), (a)(1), (a)(2) AND REPLACING THEM WITH SECTION 22-167 (a) ESTABLISHING A BLOCK RATE STRUCTURE, (a)(1) ESTABLISHING RATES AND BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS AND DELETING SECTION 22-176 REVENUE GENERATION SYSTEM ESTABLISHED, DELETING SECTION 22-177 DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL IMPROVEMENTS, DELETING SECTION 22-178 USE OF ACCRUED FUNDS, DELETING SECTION 22-179 CERTIFICATION OF REVENUE GENERATION SYSTEM, DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN EFFECTIVE DATE. Motion: Approve Ordinance No. 80-04-69 on first reading. City Manager Hanson explained the purpose of the ordinance and indicated that the restructured water and sewer rates were required to meet the St. Johns River Water Management District (SJRWMD) requirements to adopt a water conserving rate structure. It was pointed out that the city's largest residential water users would feel the biggest impact of the rate restructuring. A copy of the City Manager's report concerning the restructured rates is attached and made part of this official record as Attachment D. Commissioner Parsons noted that overall water usage had increased in the past month. City Manager Hanson responded that the increase came from new Navy Housing that was recently brought on-line. The Mayor announced that the final reading and public hearing for the ordinance would be July 26, 2004. Moved by Simmons, seconded by Parsons Votes: July 12, 2004 REGULAR COMMISSION MEETING Paee 16 Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Agenda Items 7C and 7D were taken out of sequence and acted on earlier in the meeting. C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE :~""~' D. Ordinance No. 52-04-02 -Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL OCONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDINGA SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 80-04-68 -Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1 UTILITY DEPOSITS PARAGRAPH (B) DELETING REFERENCE TO THE PAYMENT OF INTEREST ON CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 80-04-69 on first reading. July 12, 2004 REGULAR COMMISSION MEETING Paee 17 A brief discussion of the deposit requirement and interest rates ensued. Mayor Meserve inquired how approval of the ordinance would affect existing customers. rinance Director VanLiere indicated that the city would pay interest due those customers. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Appointments to the Cultural Arts and Recreation Advisory Committee (4) Mayor Meserve stated that he would like to reappoint Ingrid McCawley, Katherine Burgess, Rusty Pritchett and Linda Ginsberg to four-year terms on the Cultural Arts and Recreation Advisory Committee. Motion: Reappoint Ingrid McCawley, Katherine Burgess, Rusty Pritchett and Linda Ginsberg to four-year terms on the Cultural Arts and Recreation Advisory Committee. `", Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Direct city staff to prepare amendments to the city's Tree Ordinance in accordance with earlier discussions, and to present those amendments to the Commission for review and adoption (City Manager) Motion: Direct city staff to prepare amendments to the city's Tree Ordinance in accordance with earlier discussions, and to present those amendments to the Commission for review and adoption. There was no discussion. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED July 12, 2004 REGULAR COMMISSION MEETING Page 18 C. Authorize the Finance Director to establish a "Rate Stabilization Fund" from the fund balances of the water and sewer funds in the amounts of $200,000 each (City Manager) Motion: Authorize the Finance Director to establish a "Rate Stabilization Fund" from the fund balances of the water and sewer funds in the amounts of $200,000 each. City Manager Hanson briefly explained the purpose of the rate stabilization fund. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Authorize the City Manager to enter into a contract with Arista Information Systems, Inc. for outsourcing utility bill printing ~"' and mailing services including return envelope, and to negotiate terms for newsletter printing, insertion and mailing with utility bills (City Manager) Motion: Authorize the City Manager to enter into a contract with Arista Information Systems, Inc. for outsourcing utility bill printing and mailing services including return envelope, and to negotiate terms for newsletter printing, insertion and mailing with utility bills. Commissioner Parsons inquired if the there would be any savings to the city. Finance Director VanLiere stated that he had analyzed all the costs and concluded that the cost would be about the same. Commissioner Beaver requested that the printer not be allowed to sell the city's mailing list. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Approve changes to the City's employee health insurance coverage: (1) Approve changing to Aetna Insurance effective September 1, 2004 July 12, 2004 REGULAR COMMISSION MEETING Page 19 (2) Approve changing the City's health insurance from an HMO/PPO to an HMO/POS (3) Approve changing the City's contribution rate to 100% of the HMO employee-only coverage, and for those employees who choose coverage for additional family members, 55% of the difference in the rate for employee-only and the selected level of coverage Motion: Approve the recommended changes to the city's emnlovee health insurance coverage as follows: Approve changing to Aetna Insurance effective September 1, 2004; approve changing the city's health insurance from an HMO/PPO to an HMO/POS; and approve changing the city's contribution rate to 100% of the HMO employee- only coverage, and for those employees who choose coverage for additional family members 55% of the difference in the rate for employee-only and the selected level of service. There was no discussion. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED F. Accept the retirement of the City Clerk and provide direction to staff regarding filling the position The Mayor and Commissioners accepted the retirement of long-time City Clerk Maureen King effective September 1, 2004. Mayor Meserve stated he would like to advertise the position. He then appointed Human Resource Director Foster, City Manager Hanson and Commissioner Beaver to rank the applicants to bring a short list to the Commission for interviews. Commissioner Waters requested that City Clerk be included in the process. By consensus the Commissioners agreed with the Mayor's recommendation and Commissioner Waters' request. G. Approve proposed modification to Police trainee position (City Manager) Motion: Approve proposed modification to Police trainee position as recommended by Chief Thompson. (A copy of Chief Thompson's staff report explaining the modification is attached and made part of this official record as Attachment E). Julv 12, 2004 REGULAR COMMISSION MEETING Paee 20 Commissioner Beaver inquired if the modification was the result of a union issue. Chief Thompson responded there was no union issue. Commissioner Waters believed it was important for a trainee to attain at least an Associates degree. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson stated that in the past the city hosted a reception in appreciation for the various board and committee members' service during the month of August, and inquired if a reception should be held this year. He indicated that if the Commission wished to host the reception, a tentative date of Thursday, August 26`h' had been chosen. Commissioner Beaver inquired concerning the time, and City Manager Hanson responded 6:30 p.m. There were no objections to holding the reception. Commissioner Parsons indicated that he would be unable to attend. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons • Commented that she did not understand the "political agenda" behind Resolution 04-06 and would like to have had additional information in that regard before voting on the resolution. Commissioner Parsons • Stated that if there were no objections, he would like to attend the Florida Beach and Shore Preservation Conference September 29`h - October ls`. There were no objections. Commissioner Waters • Requested that discussion of the acreage requirements of a mixed Planned Unit Development be placed on the next agenda. July 12. 2004 REGULAR COMMISSION MEETING Page 21 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 11:45 p.m. ATTEST: Maureen King Certified Municipal Cl~k , °. ~- July 2, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso Cit SUBJECT: Follow-up eport A['TACHIVIENT A JULY 12, 2004 CON[MISSION iVIEE1ING Lease for 10th Street Parkin; Included as an action item on the agenda for the 7/12!04 meeting is a resolution that would authorize execution of leases with the ten townhome owners on 10th Street for lease of parking places for $300.00 per year. City Attorney Alan Jensen recommended that the best way to authorize these leases is through the approval of a resolution. In a related issue, city staff has investigated the possibility of installation of parking places at Mandalay Park at the intersection at 16th Street and Ocean Avenue. At least ten new places can be created on the south end of the park without the loss of any large trees. Public Works Director Rick Carper will be available to make a brief report on this project at the July 12th meeting. Short Term Rentals; Complaints have recently been passed along to the staff by City Commissioners about people leasing their homes close to the beach for short term (weekly) rental. Upon investigation, it was determined that several property owners were probably violating the city's zoning restrictions (and possibly the state law) by leasing their units on a short term basis and the owners were notified of the city's rules by mail. Short term, or vacation, rentals are considered a commercial activity. Unless there is an expressed provision to allow these in residential zoning districts, they are not a permitted use. There does not appear to have ever been a provision to allow these in residential districts in Atlantic Beach. City regulations currently permit these short-term rentals in the commercial general (CG) district and then only with an approval of a Use by Exception. The specific language of the ordinance is an follows: Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court "shall mean a building, or a portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily or weekly lodging. This definition shall not include private homes leased for periods exceeding ninety (90) days". Water/ Sewer Rates; Two allegations about items funded from the City's Water and Sewer funds were made at the last Commission meeting that were incorrect. The first was that the Water and Sewer funds pay $1.7 million per year in bond payments for streets and drains projects. The total bond payment for the 1.996 Revenue Bonds this year is budgeted at $1,590,430. The payments are allocated to the funds in the same percentage as the bond proceeds P AGENDA ITEl~'I #3A JULY 12, 2004 were actually used for capital projects. Of the $1.59 million in total bond payments, $330,000 is paid from the Stormwater Fund. A second allegation was about the excessive transfer made from the Water and Sewer Funds to the General Fund and a recommendation that property taxes be increased instead. The yearly amount of the transfer is approximately 25% of the revenues from outside city customers. It was established as a return on investment when the Buccaneer water and sewer system was purchased. Inside city customers are paying water and sewer rates that are essentially equal to the City's cost to provide the service. If the rates were reduced and taxes increased as recommended by some members of the public, some of the burden of paying for City services would be shifted from outside customers to inside customers. Another probable outcome would be that inside city water and sewer rates would be lower than the City's cost to provide them which is opposite both good accounting practices and conservation-based rate making. ATTACHPIF,NT fi r ~'' I - y~~. S! I 7 ,~ ,, ~,• t ~ ~` .. ~ k'FR i3n l ' ~ ~ ~ ~ 1 .9. :~ ~ ~u ,~. r ~, ~ " yJ .~.~ . ~ . . i.t'7N6 ~A.'n_ _ _. `'Y`. ;. 7.- r ' ~' ~ ~ t 9 ~ `~ ~ ~~ ~j :,~ a r ~'~ «:r~~ Y`~' ='~,. ~ . i ' '~1 4 ~- ~ -cam ~~ ~ ~ ,(~~" i ~ ~ ~_, - ~y 9~ ~ ~ ,~ ~- ~ ~_, +~ ~ ~ j • aT Tac~IMENT c JULY 12, 2004 COMMISSION ilZEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEMS: Rescheduled public hearings to consider two companion applications as described below. (Copies of the applications have been previously provided to the Commission.) The request for an amendment to the Future Land Use Map of the Comprehensive Plan must be considered first. The proposed project is known as Johnston Island. Public hearing and first reading~to consider Ordinance Number 31-04-03, pursuant to an application (File Number SSA-2004-01) for a change in land use designation as established on the 2005 Future Land Use Map seeking a change in designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from Conservation to General Commercial. 2. Public hearing and first reading to consider Ordinance Number 52-04-02, an ordinance seeking to rezone lands from Conservation to Planned Unit Development. The rezoning request, File Number REZ-2004-01 and known as the Johnston Island PUD, seeks to rezone approximately 7.5 acres to Planned Unit Development (PUD). The proposed plan of development contains an estimated 30-36 condominium units and a private yacht club, restaurant, and bed-and-breakfast. Parking, associated amenities, accessory uses, open space and submerged lnands also occupy a portion of the site. SUBMITTED BY: Sonya Doerr, AICP ,~.~6~ Community Development Director DATE: June 30, 2004 BACKGROUND: This project, formally, known as the Atlantic Beach Yacht Club, was considered by the Community Development Board at the February 24, 2004 meeting, and was previously scheduled for the March 08, 2004 and April 26, 2004 City Commission meetings. At the request of the Applicant, the items were defered and re-advertised for the July 12, 2004 meeting of the Commission. There have been no substantive changes to the proposed project, which is summarized as follows. • A multi-use PUD containing approximately 7.5 acres (about 4 acres of upland and 3.5 acres of submerged lands.) • An amendment to the Future Land Use Map to re-designate 3.6-acres to Residential, Medium Density, and 0.5 acres to General Commercial. • A 3.6-acre residential component proposed to contain up to 36 condominium units. • A 0.5-acre commercial component proposed to contain a private yacht club and restaurant, abed-and-breakfast and typical accessory uses. .July 12, 2004 regular meeting AGENDA ITEM #7C & D JULY 12, 2004 • Proposed height of structures: within 250-feet of the bridge, no structure will exceed the height of the bridge. Otherwise, residential structures are proposed to be a maximum of 88-feet, and non-residential structures are proposed to be a maximum of 58-feet. BUDGET: No budget issues. RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE SMALL SCALE AMENDMENT: The Community Development Board, at their February 24, 2004 regular meeting, approved a motion to recommend denial to the City Commission of a Small Scale Amendment for this project (then known as the Atlantic Beach Yacht Club) to amend the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE REQUEST FOR REZONING: The Community Development Board also approved a motion to recommend denial to the City Commission of the related PUD application to rezone from Conservation (CON) to Planned Unit Development (PUD) lands as described within application File Number REZ-2004-01, finding: 1. The requested rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The requested rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 3. The requested rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning application are not consistent and compatible with surrounding development. STAFF COMMENTS AND RECOMMENDATIONS The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation, these designations have been assigned much by virtue of this 7.5-acre parcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas, but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct environmental features. It is Staffs opinion that the site is suitable for appropriate 2 July 12, 2004 regular meeting AGENDA ITEM #7C & D JULY 12, 2004 development subject to all applicable local and State and Federal permitting requirements. In the case that the SSA and the PUD are approved by the City, no local Development Permits shall be issued until all other required permits have been issued by other agencies. The following suggested motions for the two applications -for both approval and denial -are provided to assist the Commission. Action on the proposed Small Scale Amendment must be made prior to a recommendation related to the rezoning. Suggested Motion to Apurove the Small Scale Amendment The City Commission may consider a motion to enact Ordinance Number 31-04-03, said Ordinance approving a Small Scale Amendment, for a project known as Johnston Island, and amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-5, Florida Administrative Code. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Motion to Deny the Small Scale Amendment The City Commission may consider a motion to deny a request for a Small Scale Amendment, for a project known as Johnston Island, seeking to amend the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. In the case that the Commission acts to approve the Small Scale Amendment, the applicant is entitled to a change in zoning designation that is consistent with the Comprehensive Plan Map ~., amendment. In such case, Staff recommends approval of the proposed PUD subject to the following conditions: 3 July 12, 2004 regular meeting ~.GENDA ITEM #7C & D JULY 12, 2004 • The number of Dwelling Units shall not exceed thirty-six (36); • The height of residential and non-residential structures shall not exceed a maximum Height of Building of thirty-five (35) feet. Alternatively, and in the case that the Commission acts to approve additional height, Staff recommends the following condition: the height of residential and non-residential structures shall not exceed the maximum height of the northern westbound span of the bridge, and all structures shall be treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. • Non-residential Uses, shall be limited to those as set forth within Section 3 of the application, which is attached to and made part of Ordinance Number 52-04-02. Any modification to the Permitted Uses within this PUD shall be approved only upon action of the City Commission in Accordance with Section 24-136 of the Land Development Regulations. Su~~ested Motion to Approve the Rezoning to PUD The City Commission may consider a motion to enact Ordinance Number 52-04-02, said Ordinance creating the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ-2004-01, adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, subject to the above cited conditions, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4 July 12, 2004 regular meeting AGENDA ITEM #7C 8c D JULY 12, 2004 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development. Suggested Motion to Deny the Rezoning to PUD The City Commission may consider a motion to deny a request to enact Ordinance Number 52-04-02, said Ordinance seeking to create the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ-2004-01, provided: (Provide findings of fact similar to the following.) 1. This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan 3. The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning applications are not consistent and compatible with surrounding development. ATTACHMENTS: Staff Report prepared for the Community Development meeting and proposed ordinances. (Minutes of the CD Board meeting, and application packages have been previously provided to the City Commission. These are maintained by the City in File Numbers SSA-2004-01 and REZ-2004-01, and are availab e for public review upon request.) REVIEWED BY CITY MANAGER: July 12, 2004 regular meeting AGENDA ITEM #7C & D JULY 12, 2004 AGENDA ITEM 6.c and 6.d ,""' ,s rt-'~'~'r~.. J ~i1 J ~ S) J ~... -r COMMUNITY DEVELOPMENT STAFF REPORT February 24, 2004 Public Hearing Atlantic Beach Yacht Club PUD and SSA To: Community Development Board From: Planning, Zoning and Community Development Department Date: February 12, 2003 Subject: SSA-2004-01 and PUD-2004-01 Applicant: Prosser Hallock Engineers and Planners, Inc. on behalf of Bridge Tenders, LLC Inc. 13901 Sutton Park Drive, South, Suite 200 Jacksonville, Florida 32224-0229 Requested Change: Request to rezone approximately 7.5 acres from Conservation to Planned Unit Development and a related request for a Small Scale Amendment to the 2005 Comprehensive Plan to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. Location: Generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. The property is locally referred to as Johnston Island. Future Land Use: Conservation (CON) FLUM 2005 Surrounding Zoning: Conservation (CON) immediately surrounding the site; residential zoning to the east within the City of Atlantic Beach; industrial zoning to the west within the City of Jacksonville Surrounding Land Use: Intracoastal Waterway and marsh areas; abandoned restaurant and boat yard on site, commercial marine repair, and shipyard to the west. This request involves two companion applications. (The applications have been previously provided to the Community Development Board.) Each is addressed separately as follows. AGENDA ITEM #7C Sz D JULY 12, 2004 1) SSA-2004-01: A request for a Small Scale Amendment (SSA) to the 2005 Future Land Use Map of the Comprehensive Plan to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. Process: Section 163.3187(1)(c), Florida Statutes provides that certain amendments to the Future Land Use Map (FLUM) of the adopted Comprehensive Plan may be made related to small scale development activities. The proposed project is consistent with such conditions and limitations. (The Small Scale Amendment process is a significantly simplified process in comparison to the Large Scale Amendment process.) If the City Commission chooses to adopt the amendment, the change is made by ordinance, with the customary two readings, but with a 30-day effective date. Florida Statutes require this 30-day time period, during when the Department of Community Affairs may choose to review and comment on the SSA, or the public may "challenge" the amendment in accordance with a process set forth in Chapter 163,. Florida Statutes. If DCA has no comment, and there is no valid challenge to the SSA, it automatically becomes effective 30 days after adoption by the City Commission. Project: The subject property consists of approximately 7.5 acres, although not all of the site is developable land. The Johnston Island property was included in those lands annexed into the City of Atlantic Beach in 1996, and in 1998, all of the annexed lands were designated on the FLUM as Conservation. While this property, which is just east of the Intracoastal Waterway, is surrounded by undeveloped marsh and wetland, the property is best described as an abandoned commercial and marine services site. The site was a boatyard for many years, and several boats and remnants of that activity are scattered across the property. The dilapidated Rumrunners restaurant and several outbuildings also remain on the site. The application seeks to change the FLUM designation of a 3.3- acreportion ofthe site to Residential, Medium Density (not to exceed ten dwelling units per acre) to allow for the proposed condominium development, and also to change a 0.3-acre part of the site to Commercial to allow for a restaurant and bed and breakfast. The remainder of the overall site would remain designated as Conservation, limited only to uses as allowed within the Conservation land use category. ,. Action: Amendments related to small scale development activities are legislative rather than quasi- judicial in nature. In summary, in order to approve the SSA, the Community Development Board and City Commission must find that the proposed change in land use designation will result in an expression of policy that will contribute to the orderly growth of the City, and which is consistent with the desired and intended development pattern of the City. 2) PUD-2004-01: A request to rezone approximately 7.5 acres from Conservation (Conl to Planned Unit Development (PUD) to permit development of an estimated 30-36 condominium units (but not to exceed 10 dwelling units per acre) on a 3.3-acre residential portion of the site and a restaurant and bed-and-breakfast on a 0.3-acre commercial portion of the site. A private yacht club for use by residents and restaurant customers only is also proposed. Proposed parking, associated amenities, accessory uses and open space and wetlands occupy the remainder of the site. Process: The Small Scale Amendment and the rezoning to PUD may be considered concurrently, but the proposed rezoning should be approved only if the SSA is adopted and made effective. Otherwise, 2 AGENDA ITEM #7C & D JULY 12, 2004 .,, the rezoning would not be consistent with the Comprehensive Plan. If the CD Board and the City Commission act to approve the two applications, the effective date of the ordinance creating the PUD must be set after the SSA is effective. As with all rezonings and Comprehensive Plan amendments, the Community Development Board will make a recommendation to the City Commission to approve or deny the requests. The items will then be properly noticed and scheduled for public hearing and two ordinance readings by the Commission. Project: The proposed plan of development and pertinent issues are summarized as follows. Residential -The approximately 3.3-acre residential portion of the project proposes 30-36 condominium units. This number may vary slightly depending upon final surveying and the exact acreage of this part of the site, but in no case can the number of units exceed 10 dwelling units per acre on the residential part of the PUD. Parking for the residential units will be on the lower level of the residential structures. Specific development standards are set forth on pages 7-8 of the PUD application. Associated amenities and typical residential accessory uses are also proposed. Commercial - An approximately 0.3 acre portion of the site is proposed to be developed commercially with a restaurant and a maximum 20-room bed and breakfast. • Private Yacht Club -Boat slips not to exceed two per dwelling unit, and to be used exclusively by residents and restaurant patrons are proposed generally on the east side of the project. Deep water access to the Intracoastal Waterway would be provided. Typical boating related accessory uses such as a harbormaster's office and shop are also proposed. Development of the marina area shall be subject to permitting requirements of all appropriate regulatory agencies including FDEP and the Army Corps of Engineers. • Utilities -Utilities will be located underground, and it shall be the developer's responsibility to extend water and sewer lines from existing Atlantic Beach lines to the serve the project. • Height -The application requests a building height of 88-feet for residential structures and 58- feet for non-residential structures, except that no structure will exceed the height of the bridge for a distance of 250-feet from the bridge. STAFF COMMENTS The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation, these designations have been assigned much by virtue of this 7.5- acreparcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas, but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct environmental features. It is Staff's opinion that the site is suitable for appropriate development subject to all applicable local and State permitting requirements. In considering the proposed land use amendment and the rezoning, several issues must be addressed by the Community Development Board and the City Commission. Proposed Uses: The 30 to 36 residential units, and the proposed Residential, Medium Density designation do not seem inappropriate for this 7.5-acre site. There are no other residential uses adjacent to this site, and the nearest residential lands with the City of Atlantic Beach (Section H / Marsh Oaks) are designated Residential, Medium Density. The land on the west side of the ICW, AGENDA ITEM #7C & D JULY 12, 2004 within the City of Jacksonville, is occupied by heavy industrial, marine related uses. The site's limited access and proximity to the Atlantic Boulevard bridge also constrain use of the site. Development of the private yacht basin, if approved, will be highly regulated in accordance with State and Federal requirements. Subject to the marina remaining private, and no future marine fuel sales, staff does not object to this use or associated uses that are typically accessory to a private marina. The commercial portion of the project consists of 0.3 acres of the site. Staff has some concerns about traffic related impacts related to the restaurant since the nature of this traffic is different than that of the residential use, where residents become accustomed to the unusual access conditions of the site. The commercial use and needed access improvements will be addressed by FDOT. Height: The Community Development Board and the Commission must determine if this site, given its proximity to the bridge and the scale of the surrounding bridge structure, is unique such that approval of the requested height would not set precedent for any future requests to exceed the established 35-foot height limit that has been historically maintained throughout most of the City. Staff strongly supports enforcement of the 35-foot height limit within established residential and commercial areas. Staff has concerns about the requested 88-feet height for a portion of the residential use, which would be located generally on the northern side of the site. In this single instance, however, the requested 5 8-feet (or the height of the bridge) maybe acceptable from a design standpoint, as this would provide for a view from the bridge across the top of the structures rather than a view down-into mechanical equipment located on top of the roofs of the buildings. Staff does not object to building height not greater than the maximum height of the northern westbound span of the bridge for residential buildings only, provided that all structures are treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. Traffic and access: The site is accessed by the existing FDOT road that was built during the Atlantic Boulevard ICW bridge reconstruction. Use of this roadway and any required improvements shall be subject to FDOT permitting. FDOT will assess improvements needed to serve the project, such as needed deceleration and acceleration lanes, if the project is approved by the City and submitted to FDOT for review. (Staff has informally reviewed the project with FDOT staff, and initial comments respond to the need for an extended westbound decel lane.) Planning Staff has also requested a review of traffic impacts from the senior transportation planner with the Northeast Florida Regional Council. The following comments are provided by Ed Lehman, Director of Growth Management with the Regional Council. Trin Generation The proposed plans for the Atlantic Beach Yacht Club are for 36 condominiums, a 5,500 square foot quality restaurant, approximately 74 marina slips, and a 20-room bed and breakfast hotel. For trip generation purposes, it was assumed that 37 of the 74 slips would be private, and would therefore not generate additional trips onto the roadway network. Using trip generation rates and equations from the ITE Trip Generation Manual, 7th Ed., the applicant estimates that a total of 70 peak hour trips will be generated by the project, with 45 entering and 25 exiting. The applicant's trip generation estimates are reasonable and j ustified; however, I recommend after meeting with the applicant that the estimate for the bed and breakfast be increased (only raising the total trips to 74 peak hour trips). 4 AGENDA ITEM #7C & D JULY 12, 2004 Trip Distribution and Impact Analysis The location of the project is unique in that all exiting trips must go westbound, and all entering trips arrive from the east. According to the latest FDOT Level of Service Report for Duval County, the segment of Atlantic Blvd. within Atlantic Beach between the Intracoastal Waterway and Mayport Road is operating at LOS D. The 2002 AADT as published by FDOT is 59,500 daily trips, with the adopted LOS D service volume of 61,800 daily trips. Additional traffic from this project should not lower the operating LOS below the adopted standard. However, this is not a concurrency determination, which should be done consistent with the concurrency requirements of the City. The applicant has provided sufficient evidence indicating that there appear to be adequate U-turn or turnaround opportunities for eastbound exiting traffic. In addition, the applicant has provided sufficient evidence that eastbound entering traffic could use the protected left-turn signal at the Mayport Road/Florida Boulevard exit. In summary, after review of the land use amendment and proposed PUD rezoning application, I believe that there are no significant traffic issues that would result from the project The following suggested motions are provided to assist the Community Development Board in their recommendation. Action on the proposed Small Scale Amendment must be made prior to a '" recommendation related to the rezoning. Suggested Action to Recommend Approval of the Small Scale Amendment The Community Development Board may consider a motion to recommend approval to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht Club, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-5, Florida Administrative Code. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. SuEgested Action to Recommend Denial of the Small Scale Amendment The Community Development Board may consider a motion to recommend denial to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht '" Club, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 5 AGENDA ITEM #7C & D JiJLY 12, 2004 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Action to Recommend Approval of the Rezoning to PUD The Community Development Board may consider a motion to recommend approval to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ- 2004-01), adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development. Suggested Action to Recommend Denial of the Rezoning to PUD The Community Development Board may consider a motion to recommend denial to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ- 2004-01), provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 6 AGENDA ITEM #7C ~ D JULY 12, 2004 1. This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan 3. The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning applications are not consistent and compatible with surrounding development. 7 AGENDA ITEM #7C & D JiJLY 12, 2004 H:\PLANN[NG\REZONING FILES\REZ-2004-Oi (Atlantic Beach Yacht Club)\CDB Staff Report.Doc AGENDA ITEM #7C & D JULY 12, 2004 Proposed ORDINANCE NUMBER 31-04-03 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31- 04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE 1VIAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE. WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment of the adopted Comprehensive Plan; and WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions and procedures whereby the City Commission may adopt an amendment to the Future Land Use Map of the Comprehensive Plan related to a proposed small scale development activity; and WHEREAS, after required notice was published, public hearings were held, in accordance with Section 166.041 (3) (c~, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial, as depicted within attached Exhibit 1, being part of those lands as described within the legal description attached as Exhibit 2. SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Florida Statues, and Rule 9J-11, Florida Administrative Code. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code, and consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-48. SECTION 4. FINDINGS OF FACTS. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law and is in accordance"with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code, and this amendment to the 2005 Future Land Use Map, and the related proposed small Page 1 of 2 Proposed Ordinance 31-04-03 AGENDA ITEM #7C & D JULY 12, 2004 scale development activity as enacted by Ordinance Number 52-04-02, is consistent with the intended and desired future growth and development of the City of Atlantic Beach, as well as applicable provisions of the adopted Comprehensive Plan as set forth within that application, attached to and made part of this ordinance as Exhibit 3. SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted Comprehensive Plan. SECTION 6. This Ordinance 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. SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Map of the adopted Comprehensive Plan shall be thirty-one (31) days following the adoption date of this amendment. However, if any affected person files a petition with the Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to challenge the compliance of this Plan amendment, this Plan amendment shall not be come effective until the Florida Department of Community Affairs, or the Florida Administration Commission, respectively, issues a final order determining this Plan amendment is in compliance. No development orders, development permits or land uses dependent upon this Plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this Plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. Passed upon final reading and public hearing this day of , 2004. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: Office of the City Clerk Page 2 of 2 Proposed Ordinance 31-04-03 e~~~~`ti~ EXHIBIT 1 2005 Future Land Use Map Amendment EXISTII~IG FLCIM ~ 3.6 AC CON ~' ra PROPOSED AMEIyDMEtYT N 7 3.3 AC MDR ~ n 0.3 AC CC ~, d Small Scale • • Development Land CIse . • ~ • Map Amendment ~. • ~' ~.• r •' .• • • ~~. ~_ '~ General Commercial .'"' Nroject Bounty • • ~ ` • Medium Density Residential , ` • 3.3 AC ~~ ~ ,~, • ~~ ~ o ` • ~~~ c' • ~ `. ~~ ~, • ~~. ` ~~ ~ ~~. • ~ • ~•~ 50 0 25 5o NORTH 'IC. J .,aNUa~r s, Zooa Prosser Hallock PLANNERS 6c ENGINEERS ~c'x~r cL~ AGENDA ITEM #7C & D JULY 12, 2004 EXHIBIT 2 nook 11451 Page 1666 Legal Description Tract 1: Ti~at part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed fractional Section Eighteen (18}, Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14, Page 7U, of the current public records of Duval County, Florida. Tract 2: All of tl~e unsurveyed fractional Sectiun Twenty-four (24), Township 2 JOLlil1, Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: Commencing as a Point of Beginning at the point where the Eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of the same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to tl~e Point of Beginning. ~:~x.~u_ ~~h~, - -~- AGENDA ITEM #7C & D JULY 12, 2004 Proposed ORDINANCE NUMBER: 52-04-02 AN ORDINANCE OF THE CITE STATE OF FLORIDA, AD( REZONING LANDS AS DESCR (CON) TO PLANNED UNIT DE~ JOHNSTON ISLAND PUD; I PROVIDING FINDINGS OF REQUIRING RECORDATION; OFATLANTIC BEACH, COUNTYOFDUVAL, PTING ORDINANCE NUMBER 52-04-02, BED HEREINAFTER FROM CONSERVATION ~ELOPMENT (PUD); TO BE KNOWN AS THE ROVIDING FOR SPECIAL CONDITIONS; FACT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that the public health, safety and. welfare of cit~zens are protected and enhanced by the enactment of this ordinance, and ', WHEREAS, the change in Zoning District designation enacted by this ordinance shall provide for orderly growth; encourage the appropriate use of Land; protect and conserve the value of ~ property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and'Igeneral welfare of the public and serve to accomplish and implement the goals and objectives of the!,Comprehensive Plan; and WHEREAS, after required notice was published, a public hearing and first reading of the proposed ordinance was held on the 12th I, day of July, 2004 at 7:15 p.m., and a public hearing and second reading were held on the dlay of , 2004 at 7:15 p.m. to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTF~D BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATL',ANTIC BEACH, FLORIDA: SECTION 1. That, as requestec Bridge Tenders, LLC Inc., the title owner with supporting documents for the zoning of Atlantic Beach, Florida on January 07; PLANNED UNIT DEVELOPMENT (P Ordinance, the zoning classification of lar said application is hereby changed to Plan. by Prosser Hallock Engineers and Planners on behalf of ~f record in the application (File Number REZ 2004-01) ;hange dated January O5, 2004, and submitted to the City 2004, hereinafter known as the JOHNSTON ISLAND JD) application, which is attached to and made part of this is as described within Exhibit 2 -Legal Description of ied Unit Development (PUD). SECTION 2. That development',ofthe lands within this Planned Unit Development shall proceed in accordance with the PUD application, attached to this ordinance, dated January 05, 2003, and other supporting documents, which ark apart ofFileNumber REZ-2004-O1, and incorporated by reference into and made part of this Ordpnance. In the case of conflict between the application, the supporting documents, and the provisions~l,, of this Ordinance, the provisions of this Ordinance shall prevail. Proposed Ordinance 52-04-02 Page 1 of 3 AGENDA ITEM #7C & D JULY 12, 2004 SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON ISLAND PUD have been considered in accordance with the City of Atlantic Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: 1. The request for rezoning has been gully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become eff~ctive until the effective date of the companion application for a Small Scale Amendment, am~'nding the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-O1 from Conservation to Residential, Medium Density and ~rom Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with they, Land Development Regulations, specifically Division 6, establishing standards for Planned'',Unit Developments. 5. The zoning district designation special conditions as set forth development. SECTION 4. To the extent they c PUD Ordinance, all provisions of the Land time to time, shall be applicable to this variance or special use shall be prohibited and except to the degree that the develol applicable ordinances and laws. Notwiths Building Code, .Comprehensive .Plan or a~ Development Regulations shall be deemec SECTION 5. This Ordinance the City of Atlantic Beach, Duval C Statutes. Planned Unit Development, and the specific uses and rein, are consistent and compatible with surrounding not conflict with the unique specific provisions of this evelopment Regulations, as such may be amended from t; except that modification to this PUD. by ;ept as allowed by the Land Development Regulations, ant may qualify for vested rights in accordance with .ding any provision of this ordinance, no portion of any regulation aside from those set forth within the Land waived or varied by any provision herein. be recorded in a book kept and maintained by the Clerk of ~, Florida, in accordance with Section 125.68, Florida SECTION 6. This ordinance shad become effective on the day of , 2004, except that the effective date of this ordinance shall not precede the effective date of companion Ordinance 31-04-03, and shall be the same effective date as Ordinance 31-04-03 in the event that said ordinance is made effective after ' , 2004. Upon the effective date of this Qrdinance, the change in zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. Proposed Ordinance 52-04-02 Page 2 of 3 ° ' AGENDA ITEM #7C & D JULY 12, 2004 Passed on first reading and public hearing by the City Commission of the City ofAtlantic Beach this 12th day of July, 2004. '' Passed on final reading and public hearing this day of , 2004. JOHNS. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: Office of the City Clerk Proposed Ordinance 52-04-02 Page 3 of 3 ATTACHMENT ll JULY 12, ?004 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Restructuring of Water and Sewer Rates SUBMITTED BY: Jim Hanson, Ci Mana DATE: July 2, 2004 BACKGROUND: Attached for your consideration is an ordinance that restructures the city's water and sewer rates as outlined in the staff report presented in the June 28, 2004 meeting and as described by the city's rate consultants in previous meetings. The main reason for the restructuring is to create a water conservation rate that complies with requirements from the St. Johns River Water Management District to provide a strong financial signal to large residential users for conservation. This rate revision also accomplishes several other goals set fourth at the beginning of this process including the elimination of the sewer capital generation charge, a change .the base rate structure so that it is more in line with water and sewer rates used by other utilities and to amend the commercial water base charges to reflect meter size similar to the way Atlantic Beach has charged for commercial sewer base rates in the past and more in line with other water and sewer companies. This restructured rate will also increase the city's revenues by an estimated $392,000 per year. The changes to the commercial water base charges are phased in over a four-year period. The Commission expressed a desire to phase in the commercial rates when the proposed rates were discussed several months ago during. a workshop. The total additional revenue estimated from this change in charges is just under $12,000 next year and will grow to a total of $47,666 per year at the end of the four-year phase in period. The biggest impact of this rate restructuring will be felt by the largest residential water users, which make up a very small percentage of the city's total customers. They may experience substantial increases in cost, particularly those that use over 20,000 gallons per month. A great majority of the city's water customers use between 3,000 and 7,000 gallons per month. For these customers, this rate restructuring will result in an increase in their bills ranging between 0 and 5%. Some of the smallest customers will actually see a decrease in their monthly charges because of the way the base charge is handled and the elimination of the capital generation charge. BUDGET: Adopting the restructured water and sewer rates as proposed will result in an estimated increase in city revenues of $392,000 per year. AGENDA ITEM #7B JULY 12, 2004 RECOMMENDATION: That the City Commission receive input from the public on the proposed rate restructuring during the two commission meetings in July and adopt a revised rate structure that satisfies the requirements of the Water Management District as well as the other goals set forth at the start of this rate restructuring project as outlined earlier in this report. AGENDA ITEM #7B JULY 12, 2004 ORDINANCE 80=04-69 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1) CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS OUTSIDE THE CITY. ADDING SECTION 22-27 (1) MONTHLY WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC RATES FOR RESIDENTIAL, COMMERCIAL AND IItRIGATION BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN INCREASE IN COMMERCIAL WATER BASE FACILITY CHARGES BASED ON METER SIZE OVER A FOUR YEAR PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION OF AN BLOCK RATE STRUCTURE AND CREATING SECTION 22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b) ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL UNITS AND CREATING SECTION 22- 27(2)(c) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION ACCOUNTS AND CREATING "' SECTION 27(2)(d) ESTABLISHING RATES AND BLOCKS FOR THE MULTIPLE UNIT AND COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3) CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III, WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO RENAME THE CHARGE. WASTE WATER BASE FACILITY CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL CLASSES AND TO DELETE SECTION 22- 166(c) MONTHLY BASE SURCHARGE FOR REVENUE GENERATION. TO AMEND SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME CHARGES DELETING SECTION 22- 167(a), ~(a)(1), (a)(2) AND REPLACING THEM WITH SECTION 22- 167 (a) ESTABLISHING A BLOCK RATE STRUCTURE, (a}(1) ESTABLLSHING RATES AND BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS AND DELETING SECTION 22-176 REVENUE GENERATION SYSTEM ESTABLISHED, DELETING SECTION 22-277 DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL IMPROVEMENTS, DELETING SECTION 22- 178 USE OF ACCRUED FUNDS, DELETING SECTION 22-179 CERTIFICATION OF REVENUE GENERATION SYSTEM, DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN EFFECTIVE DATE. AGENDA ITEM #7B JULY 12, 2004 WHEREAS, Due to declining sales and increased costs of providing services, it is necessary for the City to generate additional revenues to fund operations and improvements of the water and sewer utility, and WHEREAS, the City has determined that additional revenues are also necessary to meet the City's continued bond coverage requirements, .and WHEREAS, the City has been directed. by the St. Johns Water Management District to adopt a water conserving rate structure as a condition of the renewal of the City's consumptive use permit, and WHEREAS, the conservation rates are to be applied to residential customers only. Commercial and multiple unit residential accounts have less control over discretionary water use, and WHEREAS, the City is also adopting water conserving rates for irrigation accounts, and WHEREAS, the current water rate structure has no provision for charging different base amounts for meters of different sizes. The City is phasing in base charges for commercial water customers that vary according to meter size, and WHEREAS, the City has met the grant funding requirements of the Federal Environmental Protection Agency and is therefore deleting all reference to the previously chazged State Revenue Generation Charge. The City is instead going to generate that same revenue by increasing the sewer base charge amount for all customers inside and outside the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; Section 1. Chapter 22 of the City Code of Ordinances be amended as follows: Sec. 22-27. Charges for water service. The reasonable rates, rentals, fees and other chazges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: AGENDA ITEM #7B JULY 12, 2004 ~ b ~~fft~~CTTI~.TJTOT"T.QII=CZFJILZTIaCJ".7GZTG'¢Rl. 1- +1-. GZTIGCC~ £nllr~uiricza.+ 1 All 1+' i '+ 'il 1. 1.'11 .-1 + + ~-. "~-5}peFe~~~thc~-s~gn-=~~~~te-fe,. v ~, , ,,;+~ ,.o ,,..al ~ ~ ~an~ ~,.r v ,.1. , .,;+ +l.o..v ..;11 l.o ...c~"~P~vizv~'1 lnvacsstma ~~<.o.,+~ :° ..oY _o,..+v `Q 1.'7'7\ ~ ,. +,.>.. +1,,.,,~.,..,a +.,.,. 1.,,...l..e,7 ~ ll., ~1) Monthly Water Base Facility Charges for customers inside the City• A monthly water base facility chazge will be levied upon each connection in accordance with the following: Residential Sinsle-family residential and single-family $6.35 per account individual-metered mobile homes Multifamil residential 4.77 er unit Master-metered mobile homes $4.77 per site Travel trailers 4.77 er site HoteUmotel 4.77 er room HoteUmotel with kitchen $4.77 er room Commercial Master-metered commercial 6.35 er unit Restaurants, laundries and car wash Based on meter size phase in table connections below All other commercial customers Based on meter size phase in table below Irri anon All Residential $6.35 >,er account All Commercial Based on meter size phase in table below Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows• AGENDA ITEM #7B JULY 12, 2004 Meter Size (1n inches Effective Immediately ~ Effective October 1, 2005 Effective October 1, 2006 Effective October 1, 2007 5/8 or 3/4 6.35 $6.35 $6.35 $6.35 1 $6.75 $7.14 $7.54 $7.94 1 ~/~ $8.73 $11.11 $13.49 $15.88 ? $11.11 $15.88 $20.64 $25.40 3 $17.46 $28.58 $39.69 $50.80 4 6 24.61 $44.45 $42.86 $82.55 $61.12 $120.65 79.38 $158.75 8 68.26 $130.18 $192.09 254.00 (2) Schedule of Water Volume Charges for customers inside the City (d.) Multiple unit and Commercial Irri ation ~a.) Single Units There aze hereby-established inclining block volume chaz~es for Single-family residential and single-family individual metered mobile homes ner account as follows- Block Upper Limit Gallons er Month Rate per Thousand Gallons 1 3,000 $0.21 2 8.000 $1.74 3 13.000 $2.04 4 18,000 $3.06 5 Over 18,000 4.60 (b.) Multiple Units There aze hereby-established an inclining block volume charge for all multi-unit residential and multi-unit commercial accounts as follows: Block Upper Limit Gallons er Month Rate per Thousand Gallons 1 2,000 0.21 2 Over 2.000 $1.74 (c.) Single Unit Irri ation. There are hereby-established an inclining block irrigation volume chazge for all Single-family residential and single family individual-metered mobile homes `per account as follows- Block Upper Limit Gallons er Month Rate per Thousand Gallons 1 13,000 $2.04 2 18.000 $3.06 3 Over 18.000 $4.60 AGENDA ITEn~I #7B JULY 12, 2004 There are hereby-established an inclining block volume charge for all multi-unit residential irrigation accounts and all commercial irrigation accounts as follows: Block Unger Limit Gallons er Month Rate uer Thousand Gallons 1 3,000 $0.21 2 Over 3.000 $1.74 (31 Customers Outside the Citv. The rates annlicable to customers outside of the city shall be one and one- quarter (1.251 times the rates above for both monthly water base facility chazges and water volume chazges Section 2. Chapter 22, Article III, Wastewater System. Division 7 be amended as follows: Sec. 22-166. Monthly Wastewater Blase Facili Ceharges . Wastewater Base Facility chazges will be levied monthly as follows: (a) Monthly wastewater base facility charge for customers inside the City. A monthly base chazge of tLy„' ; c ac" a + *- ~ o * ~Q, ~ ~ ~~ i Y ll4il J K1111 L YY Viil~--Zl-Y"G n ' will be levied upon each connection in accordance with the following: An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater flow to the waste stream, or equivalent to a residence serviced by athree-fourths (3/4) inch water meter. Residential Single-family residential and single=family individual-metered mobile homes, per account ~'~ $13.29 per account Multifamily residential, er unit na-,'T ~~ 9.97 er unit Master-metered mobile homes 8~5--~ ~~ 9.97 er -site Travel trailers 9:~9-x ~?2~ 7.98 er site HoteUmotel &~~A-x ~'~ $6.65 er u~room HoteUmotel Wwith kitchen 8:~~ ~~ $7.98 er -room Commercial Master-metered commercial ~'~ 13.29 er unit Restaurants, laundries, and caz wash connections ~'~ 13.29 x ERU factor All other commercial customers $~~ 13.29 x ERU factor AGENDA ITEM #7B JULY 12, 2004 The ERU factor for the commercial classification is based upon meter size as follows: Meter size in inches) ERU factor 5/8 or 3/4 X1.00 1 1.28 1 1~~ 2.08 2 2.88 3 5.60 4 10.00 6 ~ 20.00 (b.) Customers Outside the City. The rates applicable to customers outside of the city shall be one and one- quarter (1.25) times the rates above. J~-cti~rah~raa~nf n a t1 ~t t++ ~ + /Q1 4~l t + ~A~, a 6 1 w ~.y ~ vT7 Ycr~mTRxcZZi ~" ~:ao.,+yaa iin~t.-.cli~t]l }v~za~`t-upcnrcrsci-F +~ + ' +1. t;6~3ffie££~} Ee~ Sec. 22-167. Schedule ofwastewater-volume charges. ~i nnm ,..,n,. ~ + ~ n ~_~ ~ 0 4~ ~~ „a . ~oza~mR~ , rem ~a~ y ' • th~~+c~ty~ Il f lnn~ it ~ +, t a + 1 + +• '~ ~ b,......, i,.,r vracca un zcrrn rp crorrrl3 AGENDA ITEM #7B JULY 12, 2004 m~l~imnm nfth;rt~ +L. /~ ~ nnm n +t, ` .~,vvvf buoy l i ~ ~ ~Q'2 ~o ~+ anr s v •• ~ + ~ ..e o +~, ail nnm ~ / Y ~+~vvvf t ~ tt f ~cuavzrs yz ~}} + ,..e +t, a ~~~~ L ~39ii-ar°c~z^ncsJ-c~rcrsccZZxo anx~a ~~ nnn~ T~, 0 0 0 p~lle~ ~~ s-per-mew: (a) There are hereby-established block volume charges for customers inside the City as follows: (1) Single-family residential and single-family individual-metered mobile homes, per account as follows• .` Block Upper Limit Gallons er Month Rate per Thousand Gallons 1 3,000 0.45 2 13,000 3.69 3 Over 13.000 $0.00 (2) Multi-unit residential and all commercial units as follows• Block Upper Limit (Gallons per Month, per Rate per Thousand Gallons Unit 1 3,000 $0.45 2 Over 3.000 3.69 (b) Customers Outside the City. The rates applicable to customers outside of the city shall be one and one- quarter (1.25) times the rates above. i T `uavaaacr i ' ~ r=r cir ~n ~3F~fu'.cnr a_+1 ~ lJt./ 1L{411V~S <• "~-°~~r6-i a -a 3 - ,e ll0 1;F ,.x„11 +_ ,.i.Y .a c - ~ i z r r c rgzz c° ±".e ~c .. ugc ~r~«~--~Q Pac~ j ua Pc 6r~cc7^o AGENDA ITEn~I #7B JULY 12, 2004 ° ° uil ua.u~zaic. , 1 l n - r_ Zt ;n-;~r~r \ /- - i - ~ n ~QC .n~Qil~.n~4»n pp~ ~~'-vr07z~~ n - ozn ~QC n~Qin nol ~~n~~ L ~~ . ~~~~~~ AGENDA ITEM #7B JULY 12, 2004 p eel-X28-;J-s e~€~e~e~ed-€t~s. .,+~ „~,.~.o ..,..,+o rL„ . Section 3. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of July, 2004. Passed by the City Commission on second and final reading this day of July, 2004. John S. Meserve Mayor /Presiding .Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Maureen King, CMC City Clerk AT'TACHMEN'T E :I(JLY 11., 2004 COMMISSION MEETING STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Police Trainee Position Revision DATE: June 22, 2004 r SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: In September 2003, the City Commission approved the creation of a Police Trainee position for the police department. At that time, the position was limited to qualified applicants who possessed college degrees. If a candidate met the requirements, then s/he could be considered for a fuIT=time paid position~vith the police--department-while-attending--the-state-- police academy training. In return, the applicant made a commitment to a minimum of 3 years service with the ABPD. Since that time, it has been recognized that that there are often applicants who possess experience and/or skills that make them good police candidates, even though they may not possess college degrees. Consequently, the police department is proposing that we expand the police trainee position to consider applicants that do not have college degrees. Additionally, a sliding pay scale is being recommended which will differentiate between police trainees based on educational levels. Trainees with a 4 year degree will earn slightly less than a starting patrol officer. Trainees with a 2 year degree will earn less than Trainees with 4 year degrees. Trainees without a college degree will earn less than Trainees with degrees. The essential motivation for the Trainee position has not changed. The competition for good police candidates is significant, and the Trainee position allows the department to secure commitments for police service. The proposed changes to the Trainee position will allow the police department more flexibility in recruiting and retaining personnel. Note: The approval of these changes will not increase the number of positions in the police department. The total number of police positions will not change, and Trainees will only be appointed when there are full-time police officer positions open. BUDGET:. None RECOMMENDATIONS: To approve the proposed Police Trainee position ATTACHMENTS: Police Trainee Position REVIEWED BY CITY MANAGER: AG A ITEM NUMBER: AGENDA ITEM #8G JULY 12, 2004 ~it~/ ®$ ~t~~i'1~9C ~~~C~ ~O~ ®ESCri~~O®l7 Completed b HR Job Title: Police Trainee New: ~ Recf: ^ Reports to (Title): Police Lieutenant Job Code: 50500 Department/Division: Public Safety Grade: FLSA: Non-exempt GENERAL SUMMARY: The Police Trainee's primary responsibility is to attend Law Enforcement Certification training approved by the Florida Criminal 9ustice Standards and Training Cammission. The Police Trainee's continuing employment with the City of Atlantis Beach is dependent on the successful completion of the certification training. The Police Department will assist the Police trainee with the selection and enrollment into an appropriate course of staedyp anal tl~e Police DepartQaroent will pay ~e educational expenses for the classes in addition to an hourly salary for the tines spent in training. The Police Trainee will sign a written commitment that he/she will not voluntarily leave employment with the Atlantic Beach Pol'ace Department within three (3) years of graduating from the certification training. DUTIES AND RESPONSIBILITIES: The Police Trainee will attend the approved training in appropriate clothing, and at the dates and times established by the training center/academy/community college. The Police Trainee will be responsible for his/her transportation to and from the approved training center. The Police Trainee will maintain passing academic and practical test scores as established by the trair-ing center/academy/community college. The Police Trainee will attend all scheduled training and maintain a professional attitude and appearance at ail times. The Police Trainee will provide a weekly update, to his/her supervisor, discussing the trainee's performance and progress in the course of study. Any deficiencies or failures will be identified in the updates. During training sessions and in the trainee's interaction with the training center/academy/community college staff, the Police Trainee will conduct him/herself in a professional manner at all time. Minimum Qualifications for Application: With the exception of the State required Basic Recruit Certification, applicants must successfully complete all requirements of the Atlantic Beach Police Department for a sworn, police officer position. Education and Experience: A four f4Lyear Bachelor Degree or two ~2) veaz Associates De>?ree from an accredited college or universitvs preferably in a Criminal Justice or a related field (Psycholo~y Sociolo>?y or Crunuiolo~y). is tareferred. Applicants who have successfully completed all Atlantic Beach Police Department screening processes maY be considered for appointment after a comprehensive review of then auahfications has been conducted, and AGENDA ITEM #8G JULY 12, 2004 .,, City of ~--ti~nti~ ~~~~h )ob ®es~ripti®~! an ~pointment to the Trainee position has been recommended by the Chief of Police and ap roved b the City Manager. The pav rates for Police Trainees will be established for each individual depending on his/her qualifications as follows: ~) Four 41 ye~~,e de€n~ee Grade 18 ~) Two (21 year Associates Degree Grade 16 (3) Other• Grade 14 Licenses and/ar Certificates: Must complete all requirements established by the State of Florida Criminal Justice Training and Standards Commission, and must successfully pass all Atlantic beach hiring standards/tests Must possess valid Driver's License and a satisfactory Motor Vehicle Record (MVR). Knowledge, Skills, and Abilities: Knowledge and Skills to be acquired in training. Ability to analyze situations quickly and objectively to determine the proper course of action, Ability to cope with situations tactfully, firmly, courteously, and with respect for the rights of others. Ability to react quickly and calmly in emergency situations. Ability to communicate effectively, both orally and in writing. Ability to interpret established rules, regulations, policies, and procedures. WORKING CONDITIONS: The physical conditions that apply to the Worker in this job are described as follows: None: The worker is not substantially exposed to adverse environment conditions: job likely consists Of typical office work or administrative work. 0 The worker is subject to inside environments! conditions: protection from weather conditions but Not necessarily from temperamental changes (i.e. warehouses, covered loading docks, garages, etc). The worker is subject to outside environrnental conditions: no effective protection from the weather. The worker is subject to ex#rerune cold: temperatures below 32 degrees for periods of more than One hour. The worker is subject to extreme heat: temperatures above 100 degrees for periods of more than One hour. 0 The worker is subject to noise: there is sufficient noise to cause the workers to shout in order to be heard above the surrounding noise level. [~ The worker is subject to vibration: exposure to oscillating movements of the extremities or whole body. The worker is subject to hazards: includes a variety of physical conditions, such as proximity to moving vehicles on roadways, mechanics! parts, electrical current, working on scaffolding and high places or chemicals. 0 The worker is subject to atmospheric conditions: one or more of the following conditions that affect the respiratory system or the skin: fumes, odors, dust, mists, gases or poor ventilation. The worker is subject to oils: there is air and/or skin exposure to oils and other cutting fluids. The worker is required to wear a respirator. ~. AGENDA ITEM #8G JULY 12, 2004 C1~~ O~ ~$O~~tIC ~E:~Cf'9 ,®~ ®~SCf'i(9'~9A~'E PHYSICAL ACTIVIITES: Essential physical activities: X~ Climbing X~ Balancing X~ Stooping X~ Kneeling ®Crouching X~ Reaching X~ Standing X~ Walking X~ Pushing X~ Pulling X~ Fingering X~ Grasping X~ Feeling ® Talking ®Hearing X~ Repetitive Motion Other (list): MATERIALS AND EQUIPMENT: Machines, tools, equipment, electronic devices, software, etc. used by position: X~ Camera/photographic equipment X~ Cleaning supplies (for firearms) X~ Commercial vehicle XC~ Data processing equipment Handcart Hand tools ~] Headset [X~ Office equipment (desk, chair, phone, etc.) 0 Office machines (copier, facsimile, calculator, cash register, etc.) X~ Office supplies (pens, staplers, pencils, etc.) Packaging materials (boxes, shrink wrap, etc.) 0 PC equipment (monitor, keyboard, printer, etc.) PC software Public safety equipment (firearms, radar, radio, mobile video systems, etc.) Other (list): OC spray, handcuffs, baton, gas mask Crawling X~ Lifting XD Driving DYSCLAIMER: The above information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties and qualifications required of employees assigned to this job. For Office Use Only Revision Date: June 22, 2004 Previous Revision Date: September 15, 2003 Previous Title: Police Trainee