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.
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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
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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
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EXHIBIT 1
2005 Future Land Use Map Amendment
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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.
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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
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~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.
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t;6~3ffie££~}
Ee~
Sec. 22-167. Schedule ofwastewater-volume charges.
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AGENDA ITEM #7B
JULY 12, 2004
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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.
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AGENDA ITEn~I #7B
JULY 12, 2004
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AGENDA ITEM #7B
JULY 12, 2004
p eel-X28-;J-s e~€~e~e~ed-€t~s.
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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.
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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