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03-28-05 v
Fr" MINUTES REGULAR CITY COMMISSION MEETING MARCH 28, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey 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 Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Mayor Meserve welcomed the members of Boy Scout Troop 37. He stated that the scouts were attending the meeting to observe American government in order to receive their merit badges in Citizenship in the Community. ~` Agenda Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions A. Resolution OS-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING ROBERT LAWRENCE, OWNER OF R.L. LAWRENCE CONSTRUCTION, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Motion: To auprove Resolution 05-02. Mayor Meserve called Mr. Robert Lawrence to the podium. The Mayor read the Resolution in its entirety and presented the framed document to Mr. Lawrence. Mr. Lawrence graciously accepted the document and poetically acknowledged that every person has the opportunity to achieve great deeds in his/her lifetime. Moved by Beaver, seconded by Waters Votes: ,+"" Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED March 28.2005 REGULAR COMMISSION MEETING Pa e 2 Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 14, 2005 Motion: Approve the Minutes of the Regular Meeting of March 14, 2005 as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Mayor Meserve welcomed Michelle Barth, Regional Director for U.S. Senator Bill Nelson, and invited her to the podium. Ms. Barth thanked the Commission for recognizing her that evening and informed everyone that Senator Nelson has an office in Jacksonville where his staff is happy to discuss or help with any federal issues. She announced that she gave her contact information to each of the Commissioners and would also continue to be stationed in the City Hall lobby for the next 15 minutes if anyone wished to talk with her. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report The City Manager commented on the bill for legal services defending the Comprehensive Plan Amendment for Johnston Island. A copy of his report is attached and made part of this official record as Attachment A. The City Manager noted that the law firm Pappas, Metcalf, Jenks and Miller offered to reduce the amount charged to the city for the Johnston Island case from $106,000 to $100,000. However, due to the legal services account being over budget by $8800, he recommended passing the budget adjustment as originally written for $106,000. He noted that his original report incorrectly stated that the overage resulted from services charged by Alan Jensen and that, upon further research, it was discovered that the budget for the City Attorney's services is actually on target. The City Manager stated that the $8800 additional expenses came from other legal services, most of them pertaining to a police grievance item. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report for February 2005 (City Manager) March 28, 2005 REGULAR COMMISSION MEETING Pa e 3 B. Extend contract with Bluewater Environmental of Florida, Inc. for Ditch Spraying and Maintenance at current prices for one year beginning May 1, 2005 (City Manager) C. Award the bid for Headworks Improvements at Wastewater Plant #2, Bid No. 0405-4 (Re-Bid of No. 0304-9) to Sawcross, Inc. in the amount of $336,865, and authorize the City Manager to sign the contract (City Manager) D. Award Bid Number 0405-9 Lawn & Pest Control For The City Facilities to TruGreen in the amount of $13,492 (City Manager) Commissioner Simmons requested that Items C and D be removed from the Consent Agenda for discussion. Motion: To approve Consent Agenda Items A and B as presented There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Regarding Consent Agenda Item C, Commissioner Simmons expressed '° concern with the fact that the project was initially re-bid because there was only one bidder and that bid was over budget. However, she noted that now both bids received are even higher than the original bid. She asked for the initial budget figures for the project and questioned why the figures have continued to increase rather than decrease in order to become closer to the original budgeted amount. City Manager Hanson stated that the initial budget was $330,000 and that he had recommended that the City accept the initial bid. He noted that Donna Kaluzniak, Director of Public Utilities, has been trying to reduce the cost of the project, but that goal has not been attainable. Commissioner Simmons asked why the initial bid of $299, 875 was considered over budget if the budgeted amount was $330,000. Donna Kaluzniak, Director of Public Utilities, responded by stating that her initial estimate for budgeted costs was $250,000 without contingency. She noted that there is difficulty in estimating project costs without first having a design to assist with the budgeting. However, she added, the design cannot be contracted prior to the predicted budget being established for it. Ms. Kaluzniak acknowledged that she underestimated the initial budget and that the project cost has also increased since then because the price of construction materials has gone up dramatically. Commissioner Waters questioned why the original bidder, Gruhn May, Inc., did not submit a second bid for the project since they work on many City March 28.2005 REGULAR COMMISSION MEETING Paee 4 projects. Donna Kaluzniak expressed that she thought the company forgot to submit a bid the second time around. Motion: To approve Consent Agenda Item C as presented Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED In regards to Agenda Item D, Commissioner Simmons inquired how often the City sprays chemicals on public lands and on how many different locations besides the retention ponds. Timmy Johnson, Director of Parks and Recreation, informed the Commission that the ponds are a separate contract and that Item D refers to indoor pest control and outdoor lawn spraying. Mr. Johnson offered to provide the list of areas involved. Commissioner Simmons declined the list but asked for the frequency of spraying those areas. Mr. Johnson explained that the areas are sprayed four, six, or eight times throughout the year and also as needed. Commissioner Simmons inquired if the grass was also sprayed that often. Mr. Johnson confirmed that grass is sprayed for fertilizing and weed control. Motion: To approve Consent Agenda Item D as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution OS-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING ROBERT LAWRENCE, OWNER OF R.L. LAWRENCE CONSTRUCTION, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Item 6A was taken out of sequence and acted on earlier in the meeting. B. Resolution OS-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, ACCEPTING AND ADOPTING THE March 28, 2005 REGULAR COMMISSION MEETING Page 5 '"` UPDATED DUVAL COUNTY LOCAL HAZARD MITIGATION STRATEGY DOCUMENT Mayor Meserve read the resolution by title only. He noted that this resolution would put the City onboard with the County as being eligible to receive hazard mitigation grant funds. Sonya Doerr, Director of Planning and Zoning, noted that Amanda Loach from the Northeast Florida Regional Planning Council and Heather Johnson from the Duval County Emergency Preparedness Division were present to answer any questions regarding the document. There was no discussion. Motion: To approve Resolution OS-03. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-OS-186, Introduction and First Reading '' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, AS FIRST ADOPTED BY ORDINANCE NUMBER 90-O1-172, INCLUDING AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY ADOPTED TO AMEND DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY USES AND STRUCTURES , PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He explained that this ordinance primarily addresses the issues of skate ramp construction and noise during use on residential lots. There was no discussion. Motion: To approve Ordinance No. 90-OS-186 on first reading. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 95-OS-89, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING ORDINANCE NO. 95-03-82, CHAPTER March 28.2005 REGULAR COMMISSION MEETING Paee 6 5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, AMENDING SECTION 5-32, ADJUSTMENT FOR BUILDING USE FEES AND SMALL FIRES ON THE BEACH AND PROVIDING AN EFFECTIVE DATE . Motion: To approve Ordinance No. 95-OS-89 on first reading Mayor Meserve read the ordinance by title only and explained that the ordinance is primarily reducing some of the fees for Parks and Recreation uses. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 58-OS-30, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION III GENERAL EMPLOYEE RETIREMENT SYSTEM, SECTION 2-281 "'"' AMOUNT OF LEVEL STRAIGHT LIFE PENSION; TO REDUCE THE BENEFIT MULTIPLIER FOR NEW HIRES; AMENDING SECTION 2-298 BENEFIT GROUP GENERAL, RAISING THE EMPLOYEE CONTRIBUTION PERCENTAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Motion: To approve Ordinance No. 58-05-30 on first reading. Mayor Meserve read the ordinance by title only. Commissioner Waters asked if the City truly saves the amounts listed in the staff report or if those amounts actually go back into the employees' salaries. Nelson VanLiere, Director of Finance, responded that the savings to the City are a result of the reduction in the City's contributions to the pension plan. City Manager Hanson added that the savings listed had been passed on to the employees through salary increases approved in October 2004. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 20-OS-69, Public Hearing and Final Reading March 28, 2005 REGULAR COMMISSION MEETING Page 7 "~ AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 The Mayor read the ordinance by title only and opened the floor for a public hearing. He explained that this ordinance is a series of changes in the budget and would move money from one area to another in order to keep it balanced. There was no discussion and the Mayor closed the public hearing. Motion: To approve Ordinance No. 20-05-69 on final reading Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Discussion on Comparison of Local Requirements for Working in the Public Right of Way and Local Driveway Limitations (City Manager) Rick Carper, Director of Public Works, addressed the Commission and referenced the City Code regarding work done in the right of way. He noted that the Code implies that no work can be done in the right of way except for repairs to the street. Mr. Carper informed the Commission that the City has a right of way permit form that can be found on the City webpage. He noted that the city receives a number of these applications for people to work in the right of way but currently the City has no Code restrictions for them. Mr. Carper reviewed his staff report which included a comparison of the code restrictions of other beach cities. He then showed and discussed photos of examples of work performed in the right of way within Atlantic Beach. Mayor Meserve inquired if the pavers used in the examples are considered a pervious surface. Mr. Carper responded that the City Code defines pavers installed over a sand base as 50% impervious. He recommended that the City mandate the type of materials allowed for work in the right of ways, specifically pavers, so that the surface is more pervious than concrete. He also suggested establishing regulations similar to Jacksonville Beach that state any individuals performing work on the right of way also assume the risk of any damage done there due to public works' projects. Commissioner Waters noted that pavers are actually impervious during heavy rainfall and they create a large amount of run-off. He expressed the need for the City to preserve the right of way and its permeability. March 28, 2005 REGULAR COMMISSION MEETING Pa e 8 Commissioner Waters believed that the City should explain to people that using the right of way in a town like Atlantic Beach jeopardizes the functions of the City's drainage system, which is currently working well. Commissioner Simmons believed that since the City currently has a law regarding impervious surfaces, anything done in the right of way should require a permit. She also stated concerns that tree planting might be limited by Section 19-2 which states no digging and no tearing-up on the right of way. Commissioner Simmons expressed the need for more discussion regarding planting in the right of way and supported current ordinances that take into consideration the ratio of a driveway width versus the total length of the lot along the public right of way. She also stated that sidewalk surfaces need to be addressed in terms of their safety and aesthetics. Commissioner Simmons suggested it would be beneficial to review a variety of other cities' ordinances concerning all of the issues discussed. Commissioner Beaver agreed with the items discussed and indicated his main concern was with sidewalks and their quality and safety, if not constructed by the City. He also addressed the impermeability aspect of pavers and supported further discussions of the subject. Rick Carper noted that the current ordinance regarding impervious limits applies only to the citizen's property and does not include the public right of way. Mayor Meserve recapped the Commission's comments and asked City staff to research the issue in the local communities so that the City can begin to address it promptly. Commissioner Beaver noted that some of the examples shown by Mr. Carper have pavers covering the entire yard. He expressed concerns on how the City can uphold the ordinance that states that a portion of a resident's property needs to stay impervious. The Mayor recommended that staff bring suggestions and changes for these issues to the Commission for consideration. City Manager Hanson clarified the term `impervious' and how it relates to the City's concerns regarding storm water run-off. B. Report on Hopkins Creek and Potential Future Impacts of Stormwater TMDL limits (City Manager) Mayor Meserve commented that the Commission has had some questions at previous meetings regarding the cost and necessity of the Hopkins Creek project. City Manager Hanson introduced Mike Schmidt, Senior Engineer for Camp, Dresser and McKee, Inc., to give a presentation on the background and recommendations for the Stormwater issues in the project's area. Rick Carper, Director of Public Works, commented that the main concern with the Hopkins Creek project is that it is the only area in the City that involves the flooding of homes. Mike Schmidt addressed the Commission and proceeded with his presentation, which is attached and made part of this official record as Attachment B. March 28.2005 REGULAR COMMISSION MEETING Pa e 9 As part of his presentation, Mr. Schmidt gave the background on the project and identified flood control as the main goal of the Stormwater Master Plan. He presented the current condition of the Hopkin Creek area and described the work done by the City to upgrade the pipes and culverts involved in the area. Mr. Schmidt noted that, due to the upgrades, the risk of potential flooding has decreased and the type of a storm needed to cause such flooding is now of a greater magnitude and thus occurs less frequently. Mr. Schmidt stated that, because of these new factors, it would appear that the project is no longer necessary, but he strongly disagreed with this assumption and noted that it is only a matter of time until the area experiences a storm of the magnitude that will ultimately bring about the flooding again. He pointed out different neighboring areas and discussed their potential and cost as stormwater storage facilities. Mr. Schmidt presented three options and the consequences of each. Per Mr. Schmidt's recommendations, the options available were as follows: 1) No implementation of the project , 2) implement current recommendation, or 3) purchase existing flooded buildings and homes to provide land for storage. Mayor Meserve noted that there has been no flooding in the area, even during the past hurricane season of 2004. He questioned what has occurred in the past few years that has prevented any significant flooding problems from then until present. Mr. Schmidt noted that the addition of the culverts, bridge crossings, and updates, along with the maintenance, have improved and increased the performance standard of the system. Commissioner Waters asked how the City could store more water in the Aquatic Gardens Pond. Mike Schmidt explained that because the pond is already part of the flooded area, not much storage volume is gained by possession of it. However, he noted that, by having ownership of the pond, the City now has control of how it is used and can ensure that it functions as efficiently as possible. Commissioner Waters further inquired into the storage capabilities of the Publix Shopping Center and discussed flooding and safety issues in the areas of Cavalla Road, Forrestal Circle and Saratoga Circle. Commissioner Simmons mentioned the idea of enlarging the Aquatic Drive Pond and suggested protecting the corner lot which currently is an undeveloped wetlands area. She noted that there was no standing water on Aquatic Drive when she drove through there recently after a heavy rain storm. Commissioner Simmons expressed concerns with the future status of the old tennis courts located at the church property. She recommended protecting any storage capacities currently available and then review what can be done around the Aquatic Pond. Mayor Meserve noted that there will be more information forthcoming regarding cost and evaluation of the property involved and thanked Mike Schmidt for his presentation. March 28, 2005 REGULAR COMMISSION MEETING Pa a 10 C. Request by Justin Domyan for aUse-by-Exception (File UBE- 2005-OS) to allow for the repair and custom manufacture of surfboards within the Light Industrial and Warehousing (ILW) Zoning District for property within an existing warehouse building located at 103 Levy Road. (City Manager) Motion: To approve Use-bv-Exception 2005-OS to allow for the repair and custom manufacture of surfboards within the Li ht Industrial and Warehousing Zoning District at 103 Levy Road. Mayor Meserve noted that the Use-By-Exception was recommended for approval and then opened the floor for a public hearing. There was no discussion and the Mayor closed the public hearing. Sonya Doerr, Director of Planning and Zoning, informed the Commission that the Community Development Board unanimously recommended approval with no restrictions. Commissioner Waters asked about the filtration system used for the business and expressed concern over the production of obnoxious smells. Justin Domyan, 103 Levy Road, explained the charcoal filter system and the dust collection units used in his business. Commissioner Waters also '^^ inquired how many boards the applicant believes he would be working on concurrently. Mr. Domyan responded that the number could range between 10-15 at a time, depending on business. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Request by Chris Hionides, President of O.U.R. Properties, Inc, for aUse-by-Exception (File UBE-2005-03) to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on- premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District. (City Manager) Motion: To approve Use-bv-Exception 2005-03 with conditions as presented to allow Live Entertainment for a comedy club and entertainment theater and also on-premise consumption of Alcoholic Beverages in existing building within the Commercial General Zoning District at 751 Atlantic Boulevard. Mayor Meserve opened the floor to a public hearing. Sonya Doerr, Director of Planning and Zoning, reported that the Community Development Board March 28.2005 REGULAR COMMISSION MEETING Pa a 11 recommended approval of UBE 2005-03 with the three conditions listed. For the record, Ms. Doerr read the Community Development Board's recommendation and conditions as listed in her staff report. This report is attached and made part of this official record as Attachment C. There was no discussion from the public and thus the Mayor closed the public hearing. Mayor Meserve commented that he had received an email and some phone calls with concerns of adult content being involved with the project. Thus, he had asked Police Chief Thompson to review other comedy clubs in the area to determine if there have been any consequent problems in neighborhoods surrounding the clubs. It was reported that there was no abnormal amount of problems, specific to the comedy clubs, when compared to other locations involving entertainment, restaurants, etc. Commissioner Waters stated that he has no problems with comedy clubs, but expressed concern with the comedy club sharing the same building space with the Foundation Academy. He questioned whether it is appropriate to have children activities in the same location as adult entertainment and alcoholic beverages. The Mayor noted that this same concern has been raised by others and asked for clarification on the situation. ""` Glen Trotter, representative for the UBE applicant, O.U.R. Properties, of 2275 Atlantic Blvd, Neptune Beach, responded by stating that the company is sensitive to the issue. He explained that the Foundation Academy is a theater company that puts on performances approximately 4 times annually, and thus they would be using the theater very intermittently. Mr. Trotter also explained that the Foundation Academy is housed in the larger portion of the facility, whereas the comedy club takes place on a smaller stage of the theater. He also stated that the theater is leased to the Florida Ballet and other schools during the daytime and will not be used by the comedy club at those times. He noted that the comedy club area will be locked and secured when not in operation so that there would not be any access allowed during that time. Commissioner Beaver remarked that he had received concerns from citizens regarding the fact that a school and comedy club will be sharing the same facility. He confirmed that this is a misconception and reiterated that the schools only use it to have performances and rehearsals. He requested that the alcohol not be visible or accessible during the time of the children's activities. Commissioner Simmons questioned that the comedy club could realistically agree not to have performances during the same weekends that the Foundation Academy uses the theater. She noted that this agreement could lead to a large loss of revenue for the comedy club. Mr. Trotter admitted that there could be occasions during the year when the two organizations would co-exist in the building. However, he noted that those arrangements would be consistent with other venues in the Jacksonville area, and they March 28.2005 REGULAR COMMISSION MEETING Pa a 12 were prepared to take the same precautions as those of other facilities with liquor licenses. Commissioner Simmons thanked Mr. Trotter for his honesty regarding the issue and noted that the Foundation Academy would be using the facility more frequently than he stated since each of their performances would also entail use of the facility for many rehearsals. Commissioner Beaver noted this is an opportunity for the City to have a theater in the area and expressed the need for the applicant to act in accordance with the laws pertaining to alcohol sales. Mr. Trotter affirmed the company's commitment to abide by community standards. Commissioner Simmons expressed concern regarding the nature of comedy club humor and stressed the need for the stage area to be securely enclosed during simultaneous use of the facility so that children are not exposed to inappropriate material. Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Approve the requested CPI rate increase for Waste Services, Inc. for Solid Waste and Recycling Collection (City Manager) City Manager Hanson explained the staff' s position on this item regarding the contractor's request for two rate increases. He informed the Commission that the annual rate increase for Waste Services was included in the City's budget, however the requested fuel surcharge was not a budgeted item and thus did not receive staff approval. Rick Carper, Director of Public Works, addressed the issue of increasing fuel costs. He noted that he may bring this issue back before the Commission again, but currently he did not have enough justification from the contractors to give recommendation for approval on it. He clarified that the staff recommendation is to approve the CPI increase in the contract for this year and to disapprove the fuel surcharge increase. Motion: To approve the requested CPI rate increase for Waste Services, Inc. and to disapprove the reauested fuel surcharge increase. Commissioner Beaver commended the staff on their recommendation decision regarding the fuel surcharge entity. Commissioner Waters discussed the issue of surcharge and questioned whether it is a set amount of increase or whether it is a floating amount that would increase as the fuel costs increase. March 28, 2005 REGULAR COMMISSION MEETING Pa a 13 Commissioner Simmons discussed the relationship between the CPI increase and the fuel cost increase. She questioned whether the CPI increase is actually based on the increase in fuel prices and thus, if both rate increases were approved, would the City be paying twice for the increase in fuel costs. Commissioner Simmons noted that she would need more information regarding the issue before making a decision on the fuel surcharge. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment D. Interest on Loans and Assessments City Manager Hanson noted that most of the remaining loans and assessments are at low rates with not much time left on their term. He stated that the City staff believes that the amount of time and effort involved in refinancing or renegotiating the agreements would be a lot of burden for little return. He noted that if the Commission wanted to pursue this idea, the Finance Director suggested amending the loans on a by-request basis from the individuals involved. Commissioner Beaver noted that he had expressed interest in this issue at the last Commission meeting, but at the time had not realized the small amount of loan money involved. After reviewing the report, he concurred that refinancing the remaining loans would cost the City more money than would actually be saved. He supported any recommendation that could accommodate Section H areas, but felt the staff report was accurate in its report on the other areas discussed. Commissioner Waters believed that the Section H properties received a good deal on the issue originally and stated he would not move to address those properties any differently than they had already been handled. Reports on Suits Against the City After reviewing this item in his report, City Manager Hanson asked the Commission for feedback on their preferred method for reporting suits against the City. He inquired if the City Attorney's monthly report is sufficient notification of cases involving the City or if the Commission would like to have additional reports on any claims received. March 28, 2005 REGULAR COMMISSION MEETING Pa a 14 Mayor Meserve suggested that the Commission does not need to be involved in the decision-making process on whether to litigate or how to litigate. He believed the City Attorney's report should suffice for keeping the Commission informed on legal suits. For unusual cases, the Mayor believed that a phone call from the City Manager would be appropriate and if a Commissioner wished to address any specific case, a meeting could be called for discussion. Commissioner Beaver also suggested contacting the City Attorney if any Commissioner needed more information regarding a case. He indicated that City Attorney Alan Jensen has always responded promptly to his requests for information. Commissioner Waters commented that if the City Attorney's report could be organized a bit tighter, by title of the cases, it would be sufficient information for them to review. He expressed concern that the Commission is not always aware of insurance litigation and would like to see those reports in case Commission involvement is deemed appropriate. Strategic Planning Meetings City Manager Hanson reported that he had distributed additional information just received that afternoon on the Strategic Planning Meetings and asked that the Commissioners review the items prior to the meetings. He noted that the information included a schedule prepared by the meeting's facilitator, the last quarterly report for the current strategic planning year, a list of issues recommended for discussion, and the revised proposal from Winter & Company concerning the Community Character project. All of this written information is attached and made part of this official record as Attachment E. New City Water Tank The City Manager informed everyone that the new City crest has been painted on the elevated tank at Water Plant #2 and the project is almost completed. Donna Kaluzniak, Director of Public Utilities, showed slides of the work being done on the water tank and commended the subcontractor on the work done on the logo. She noted that it should be completed and approved within a couple weeks. Ms. Kaluzniak also stated that a proposed contract with Nextel to use the tower for a cell phone antenna has been given to City Attorney Alan Jensen for his review. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Jensen !'~' • Addressed the Commission regarding some recent issues which he found to be very upsetting. He presented the background on the City's original decision to hire him as City Attorney in 1989. He March 28.2005 REGULAR COMMISSION MEETING Page 15 noted that this decision was made with the specific intent to reduce the rising legal costs in the City and that he has always made concerted efforts to do that. City Attorney Jensen re-emphasized the statements made by City Manager Hanson at the beginning of the meeting which corrected information given in the City Manager's follow-up report stating that the legal services accounts were over budget due partially to Alan Jensen's time being charged for the Johnston Island case. City Attorney Jensen reported that he received a large amount of calls due to inaccurate information being released in the newspaper. He expressed his concerns and his need to clarify the issues to the Commission and the citizens of Atlantic Beach. For the record, Alan Jensen reported that his year-to-date budget is under the amount allocated for his services and that no part of the City's legal services account being over budget is due to charges for his services. He also clarified that, contrary to reports made in the local newspapers, he was not paid an extra $8800 for his services on the Johnston Island case. City Attorney Jensen remarked that there is a communication problem, exemplified by the fact that there has been outside counsel hired for various city matters without the City consulting him or receiving any input from him. He pointed out that the Charter states "'` clearly that the City Attorney is supposed to represent the City in all civil matters that involve the City. City Attorney Jensen indicated that, when outside counsel is needed for any reason, the City Attorney should be consulted for assistance with the matter because he is the one ultimately responsible to the Commission for these issues. Commissioner Waters agreed with the City Attorney regarding his desire to keep costs down, but noted that the Commission has the privilege to pursue a lawsuit if they feel strongly about it. He remarked that the Commission can always rely on City Attorney Jensen to inform them of the least expensive way to charge the citizens, however the Commission then makes a decision of whether to follow or override his advice. Commissioner Simmons • Commented on misconceptions she has heard in the community regarding the Johnston Island settlement. For the record, she stated that on November 8, 2004, the City Commission designated the land use on Johnston Island as a half-acre commercial and 3.6 acres of residential low-density at a maximum of 21 units. She noted that a month after that was established, citizens filed a petition in complaint against it. Commissioner Simmons stated that the current settlement between the developers and the citizens included March 28, 2005 REGULAR COMMISSION MEETING Page 16 discussions regarding aloes-density designation but that decision had already been made by the Commission in November 2004. • Mayor Meserve added that the City never got to the negotiation phase with the developers. He stated that the Commission took two votes, one to change the land use and the other to turn down the PL?D because they did not have enough information to negotiate. Commissioner Simmons re-emphasized that the density limit had been established by law at the Commission meeting in November 2004. Commissioner Waters • Asked Sonya Doerr, Director of Planning and Zoning, if the zoning district for the UBE 2005-OS at 103 Levy Road is ILW (Light Industrial and Warehousing) or CG (Commercial General). Ms. Doerr confirmed that the correct zoning designation for that location is ILW. • Commented on apre-training meeting he attended recently in Lake City. He discussed the issue of cell towers and expressed concern that local communities are losing the right to provide input on their regulation. He stated the need for the community to remain involved with this and other issues. Adjournment There being no further adjourned at 9:10 p.m. ATT ST: Donna L. Bussey City Clerk declared the meeting John 11l~e~kr~e,uVlavor/Presidin~ Officer ATTACHMENT A MARCH 28, 2005 COMMISSION MEETING March 21, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso Etp ivfari~ SUBJECT: Follow-up eport Bill for Legal Services defending Coma Plan Amendment for Johnston Island; The law firm defending the city's Comp Plan Amendment dealing with Johnston Island, Pappas, Metcalf, Jenks and Miller, has offered to reduce the amount chazged to the city in this case by approximately $6,000. The firm initially agreed to bill the City for an hourly rate that was 15% .... below their normal fee, which is similaz to the rates chazged to other government entities. However, after the case was dropped by the plaintiffs, Mazsha Tjoflat, on behalf of Pappas, Metcalf, offered to drop the rate to 20% below their normal hourly fee explaining that Atlantic Beach was a small city that is not normally involved in this type of a case, to promote good will, and because she shared some dismay with us that the suit was dropped at the last minute just before the judges order was due to be released. While the final revised bill has not been received, it is expected to be approximately $100,000. However, I recommend that the amount of $106,000 for additional legal services in the mid-year budget adjustments be passed as originally written. The total charges year-to-date on Mazch 1 ~ show the legal services account over the yeaz-to-date budget by approximately $8,800. This results partially from some of Alan Jensen's time being chazged in previous months to the Johnston Island case as well as vazious other legal matters. '..`` ATTACHMENT B MARCH 28, 2005 COMMISSION MEETING ~~~ ~~~ ~~ ~ ~ • ~~~ ~ `t'om {~ ~ ~_ ~~ • ~ w ,~ ` ~~, ~ G~ ~t% Z~?~: ~' ~ ~~ • Daw~'~D oo~~~cn (~~p~C~ °o m~~ wn D ..a corn - °~° o - w~,~om ° ° v, m~ m .w Hsu ° -~ ~ ~~ rv m ~ n .r (ry ~ N =« ANON ?~~KQ 7 N Cxr'! W '~ 7E' '~ ~ `~ n O `d O ~ a~C ~a ~o 0 a b ~' ~~ am ~. a~ ~~ ,s o, Q ~ S. 3 tp ny o n N ~. ~. S O ~' 5' w 0 c '~ ~ ` '.-. rrL ' '~, l,'~S; h' ~~ 4 ' ~ d: t - t o i ~ i :f r~ ~' ~. '-~`. ~ ~~. ,f t ~ i ti , ~ ~~ ~ ~ .5 ' , ~ ~' `' :~' ~ b' r ~ ~. ~~ 7 ~~t K.. 1 , ~ ~ I ~ t w ti ~ <~ + ~ ~, M1' ? ~~~ e. n %~ ~: ~ ',.~, ,{ .~ I 4 II ~ ,r ~~ r ~:;~~ ,,. . ~'r ~~ ~ ~ ~, ~. 4; f ~.. ^~ ~' ~.. • Peak Stage [ft-NGVD] w .p cn rn ~ w ca o -- 0 0 0 0 0 0 0 0 0 N fl. •"~', 7 ~l D n ~ m `~ m -, D s H w ID '~ O -p 'O n ~ ~ N c ~ ~ a ~ e~ a V ~ ~ m N n c~ rn .. . ~~ ~' D ~ m a, m o ~ w < ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ . ~ ~ ~ ~ ~ ~ . . ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ -n on-~o ~ N• ,~ o cn ~ ~ ~ ~ ~ ,_, ~ ~ ~ ~ a ~~r. D o ~ ~ ~ c O - y m ..~ o ~ ,... ~ o' Z Q W O O ~a a c~ N rn d n O n c s w ~. cn rn ~ w co -~ 0 0 0 o b o o ° -' 0 0 Peak Stage [ft-NGVD] Peak Stage [ft-NGVD] w ~ cn rn ~ o co o 0 0 0 o b o 0 0 0 ,.. ~' cQ a 0 D m `~ a~ -' D m O1 N w e~ ~ ~ v ~ N C ~ W a ~ a n ~ ~~ N n ~ o~ ... . v ~ ~' D ,~ m ai m o ~ w m ~ :, ~ .~ ~ i ~ . ~ ~ . ~ ~ ~ . ~ ~ ~ . ~ ~ i r ~ ~ ~ j o o cn ~. ~ ~ N y .~. ~ °- s r ~ o o ~ ~ ~ O - ~ m N ..~ o m ,.., o' :i Q. W O i 1 y -, rt ~Q d 1 cfl N _v, w ~ cn rn ~ w co 0 0 0 o b o o ~ 0 0 Peak Stage [ft-NGVD] ~^ 3 A~ ~.~ m °~ -a v~ A» ~~ o ~ m m ~? .2 ~x u f1 ~~ x 0 0 °o m m .... ~ ~ 1~ ~ ~~ ~~ ~; ~- ~. ~ ~~ ~; ~ ~, ~ ~ ~,~ A • V • •~ • ATTACHMENT C MARCH 28, 2005 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request fora Use-by-Exception (File UBE-2005-03) to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial Gneneral (CG) Zoning District. SUBMITTED BY: Sonya Doerr, AICP ~.~` Community Development Director DATE: March 16, 2005 BACKGROUND: This request seeks approval of aUse-by-Exception to allow the former Atlantic Theatre site to be used for a comedy club and a live entertainment venue. The request also includes a provision to allow on-premise consumption of Alcoholic Beverages, beer and wine. (Revisions to Chapter 3 of the City Code made in May of last year established new requirements for a Use-by-Exception for on-premise consumption in all commercial districts. This Applicant held a valid 4-COP alcoholic beverage license for this property prior to the amended regulations, and the properly is a Licensed Premises as defined by Chapter 3 of the City Code.) The Community Development Board considered this request at their March 15th meeting, and unanimously recommended approval subject to the following conditions: • The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24- 17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational characteristics, particularly with respect to this property's close proximity to residential neighborhoods, as such activities may result in deleterious impact upon property values and the quality of life in such surrounding areas. • Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment. • Live Entertainment activities or events shall not include performances, exhibits or contests that place a dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an emphasis on matter depicting sexually oriented or sexually related activities. BUDGET: No budget issues. RECOMMENDATION: Approval of Use-by-Exception (File UBE-2005-03) as requested subject to above conditions. The Community Development Board considered this application at their March 15th meeting and unanimously recommended approval, subject conditions as set forth herein, finding the proposed use consistent with the CG District and with Section 24-63 of the Land Development Regulations. ,,,, ATTACHMENTS: Community Development Board minutes, staff report and supporting information. REVIEWED BY CITY MANAGER: March 28, 2005 regular meeting AGENDA ITEM #8D MARCH 28, 2005 Draft Minutes of the March 1 S, 2005 meeting of the Community Development Board (5) feet to allow for the construction of a detached two-story garage on property within the RS-2 Zoning District located at 1515 Beach Avenue. Greg Saig, 102 North Street stated that would like a variance granted to construct a detached garage. Mr. Saig also stated that he felt that if the variance was granted his detached garage would fit within the motif of Atlantic Beach. Mr. Jacobson asked Mr. Saig if he would consider moving the proposed detached garage 30 feet eastward. Mr. Saig replied that if he did that he would feel that his detached garage would not fit with the charm on Beach Avenue. Mr. Burkhart stated that he did not see any hardship in constructing the detached garage to comply with the setback regulations. Public Comment. Karen Perrin, 1502 Beach Avenue stated that she is opposed to any variance for the property. Ms. Perrin also stated that she felt that if the variance was granted, the detached garage would cut out breezes and sunrises. Ms. Perrin also stated that this would be a safety hazard, since moving the detached garage would mean moving the driveway closer to the street; backing out of the driveway would be very difficult. May Jones, 126 15th Street, also spoke in opposition of the variance request. Ms. Jones concurred with Ms. Perrin's statements. Public Comment closed. A motion was made by Mr. Jacobson to deny the variance request, seconded by Mr. Jenkins. The Motion to deny unanimously carried. ~, B. UBE-2005-03, O.U.R. Properties, Inc. Request for aUse-by-Exception to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard. Glenn Trotter, 1631 Indian Springs Road, representing the property owner, stated that he was requesting this Use-by-Exception to put a comedy club in a portion of the building. Mr. Trotter stated that the building is 3500 square feet, and his intention is to have the comedy club operating by May of 2005. There is only one other comedy club in Jacksonville at this time and it is located in Mandarin. Mr. Burkhart opened the floor for public comment. Seeing no one who wished to speak to this issue, Mr. Burkhart closed the floor for public comment. 2 AGENDA ITEM #8D MARCH 28, 2005 Draft Minutes of the March I S, 2005 meeting of the Community Development Board Ms. Doerr stated that three conditions have been recommended by staff, and the applicant has no objection to these conditions as follows: • The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24-17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational characteristics, particularly with respect to this property's close proximity to residential neighborhoods, as such activities may result in deleterious impact upon property values and the quality of life in such surrounding areas. • Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment. • Live Entertainment activities or events shall not include performances, exhibits or contests that place a dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an emphasis on matter depicting sexually oriented or sexually related activities. Mr. Jenkins asked Ms. Doerr what the City's recourse of action would be if the applicant did not comply with these conditions. Ms. Doerr stated that this would become subject to Code Enforcement action, and the Use-by-Exception and the business license could be revoked. A motion was made by Mr. Jacobson, seconded by Ms. Drysdale, and unanimously carried to recommend approval to the City Commission of the Use-by-Exception as requested, with conditions as stated by Ms. Doerr within the application. C. UBE-2005-04, Rick's Used Cars, Inc. Request for aUse-by-Exception to allow for redevelopment of a property within uses to permit the sale of used automobiles and automotive repair within the Commercial General (CG) Zoning District and located at 1919 Mayport Road. Rick Frazier, 2602 Lois Lane stated that he may never develop the property, but if he did he would build a nice looking building, a lot nicer than the current car lots on Mayport Road. Mr. Frazier also stated that the only repairs that will take place would be on the inventory. There will be no outside repairs done. Mr. Jenkins asked Mr. Frazier if he would be willing to change is request to not include repairs. Mr. Frazier replied that outside repairs would never be done. Ms. Dry dale asked Mr. Frazier what types of repairs are done. Mr. Frazier stated that mostly installing new brakes, tires, changing oil, and alternators. Mr. Jacobson asked Mr. Frazier what kind of sign would he have on the property. Mr. Frazier stated that he wasn't sure at this time, but whatever it would be in compliance with the city code. 3 AGENDA ITEM #8D MARCH 28, 2005 ,.'' Agenda Item S.b. . ,~.,V 1. ,, rs r~ J ~11,, r ~J ~ _ _ Py 1 " s) ~~ COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT March 15, 2005 Public Hearing Use-by-Exception, O.U.R. Properties, Inc. (File No. UBE-2005-03) To: From: Date: Subject: Community Development Board Planning, Zoning and Community Development Department March 04, 2005 UBE-2005-03 Applicant: OUR Properties, Inc. 2275 Atlantic Boulevard Neptune Beach, Florida 32266 Requested Change: Request for aUse-by-Exception to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District. Location: Surrounding Zoning: 751 Atlantic Boulevard CG and RG-2 Surrounding Land Use: Various commercial and multi-family residential uses. AGENDA ITEM #8D MARCH 28, 2005 "' STAFF COMMENTS AND RECOMMENDATION This request seeks approval of aUse-by-Exception to allow the former Atlantic Theatre site to be used for a comedy club and a live entertainment venue. The request also includes a provision to allow on-premise consumption of Alcoholic Beverages, beer and wine. Revisions to Chapter 3 of the City Code made in May of last year established new requirements for aUse-by-Exception for on-premise consumption in all commercial districts. This Applicant had a valid 4-COP alcoholic beverage license for this property prior to the amended regulations, and the property is a Licensed Premises as defined by Chapter 3 of the City Code. Staff has no obj ection to this portion of the request, but since the premises are not currently in operation, it is recommended that this Use-by-Exception also address this issue as part of the request. Section 24-111 (c) (13), reproduced below, allows for businesses that offer certain forms of Live Entertainment to beconsidered as aUse-by-Exception within the Commercial General Zoning District. Section 24-111 (c) (13) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by Chapter 847.001 (2), Florida Statutes, and also not including amusement centers and video game arcades and any type of token or coin-operated video or arcade games, and billiard and pool halls. The Atlantic Theatre building has been undergoing significant interior renovations over the past year. These renovations meet all applicable building codes and permitting requirements for the proposed use, which has an occupancy capacity of approximately 425 persons. (The owner was advised during the renovation process that approval of aUse-by-Exception would be required for the proposed new use.) The subject property has always existed as a theatre or other type of entertainment use since constructed in 1964. The site has adequate parking and access, and Staff finds that the requested use is generally consistent with the Commercial General district, subject to conditions that limit the type of activity and entertainment to that which is appropriate to the character of the City of Atlantic Beach and other immediately surrounding businesses and neighborhoods. Staff does not have a concern related to adult entertainment, as strictly defined by State law, in that such .establishments are prohibited within the City of Atlantic Beach. (...and the Applicant certainly has not requested or suggested any such use.) Because entertainment acts are typically scheduled by outside booking agents who may not be familiar with the predominantly residential and family character of Atlantic Beach, Staff recommends a condition binding this applicant to assurances that no events or activities would be booked for this property, which would be in conflict with Section 13-6 and Section 13-7 of the City Code, or otherwise in conflict with Policy A.1.11.1(b) of the Comprehensive Plan, which describes appropriate General Commercial activities as follows: General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs ofresidents, including banks and professional services, grocery and convenience stores, restaurants, accredited public 2 AGENDA ITEM #8D MARCH 28, 2005 and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation.... Subject to the proposed conditions, or similar and additional conditions the Community Development Board may deem appropriate, Staff recommends approval of the request. ~.~~. 'SUGGESTED ACTION TO RECOMMEND APPROVAL _ j~,,,,,,,~,(„Q,~, a- The Community Development Board may consider a motion to recommend approval to the City Commission of this Use-by-Exception allowing Live Entertainment for a comedy club and entertainment theatre, and also on-premise consumption of Alcoholic Beverages, beer and wine in an existing building (formerly the Atlantic Theatre) on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, subject to the following conditions: (Provide findings of fact similar to the following, and attach conditions as may be appropriate.) • The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24-17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational characteristics, particularly with respect to this property's close proximity to residential neighborhoods, as such activities may result in deleterious impact upon property values and the quality of life in such surrounding areas. • Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment. Live Entertainment activities or events shall not include performances, exhibits or contests that place a dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an emphasis on matter depicting sexually oriented or sexually related activities. and further providing for the following findings of fact: 1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and also Section 24-111, the Commercial General District Regulations. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding ~,,, area. 3 AGENDA ITEM #8D MARCH 28, 2005 4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the Commercial Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of this Use-by-Exception, which would allow Live Entertainment for a comedy club and entertainment theatre, and also on-premise consumption of Alcoholic Beverages, beer and wine in an existing building (formerly the Atlantic Theatre) on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, provided: (Provide findings of fact similar to the following.) 1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and/or Section 24-111, the Commercial Limited District Regulations because . 2. The request is contrary to public interest and maybe detrimental to the health, safety and welfare of general public because 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial Future Land Use designation because H:\PLANNINGIUSE-BY-EXCEPTION FILES\UBE-2005-03 (OUR Properties)\CDB Staff Report.doc 4 iv~.aN vu~ut Page 1 of I AGENDA ITEM #8D MARCH 28, 2005 E # ame ddress Total ya/ue c-es !at ook ap l ~l Descriptions lood ndUse oning ne one 51 177645 000 U R PROPERTIES INC TLANTIC B -2S-29E 2.14 Not in 1005370 .1 ~~~ 56A B DE CASTRO Y FERRER GRAN Flood 2233 PT RECD O/R 10138-1777 one http ://maps. coj . net/WEB SITE/DuvalMAps/toolbar. asp 3/4/2005 AGENDA ITEM #8D MARCH 28, 2005 ~ ~ L Date 1. Applica 's Name {- r 2. A~nlica 's .4d'dress 3. O.U.R. Pro 2275 Atlantic Blvd. 751 Atlantic Blvd., Inc . TIC BEACtf zoNiN~ tlantic-~~.'1.~ 2005 Beach Atlantic• Beach. Fl 32 4. Proper 'set's Re Tumber 177645 0000 Block No. Lot No. 5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation CG 7. Requested Use-by-Exception tC-canedy Club & Entertainment 'T'heater Dv- - pf'L*-~+;ss Gaw~Kr-'-p-~'*ti-~- ~ ~~1Ce~-D~fG Fjt VR / R ~ ~S 8. Size. of Parcel See attached surve~~ 9. Utility Provider JEA 10. Statement of facts and special reasons for requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: a, Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing andlor proposed driveways. Identify any exZSting structures and uses. '" b. Proof of oR~nership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the ovrner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned: (Attach as Exhibit B.) d. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED ~~VITI3 TIiIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Chris Hion~des, Presic~nt Printed or typed name(s): ~ ~---1~ w ~~ .Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE ,~ / REGARDING THIS APPLICATION ~-1) ~ Name• Glen Trotter ~ Mailing Address: 2275 Atlantic Blvd., Neptune Beach, FL 32?_66 Phone: 24i -~ 922 FAX: 241-1826 E-mail• GTRdITEFt@Surfacetechnola ~~•.. ~ com • can APPLICATION FOR AUSE-BY- City of Atlantic Beach 800 Seminole Road • Atlantic Bi Phone: (964) 247-5800 FAX (904) 247-5805 http://w U Z ~/U~d S File No. ~~~' l ~5~'~ AGENDA ITEM #8D MARCH 28, 2005 EXHIBIT A The review of an application for aUse-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Existing in place driving surfaces allow exit/entry to the property from 3 directions: East via a cannon drive; south via Atlantic Blvd; and, West via Royal Palms Drive. 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. Existing park~.ng - 169+ Handicapped spaces. Suitable loading spaces exist on the North, Sourth and West of building elevations without interruption to ingress/egree noted in 1. above. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar. characteristics of the Use-by-Exception being requested. Proposed use is consistant with adjacent businesses (i.e., Resturants w/adult beverage sales (4) on premises: Retail liquor. sales for off premises also). 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; A designated and Greened location per City requirements shall be provided. Location to be determined. 5. Utilities, with reference to locations, availability and compatibility; Utility services are adequate for existing and future facilities, including i c enas perms to . 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. North .property line: seperates zoning CG fran RH: -In addition, there is a t. high wooden fence and a 2 ft. easement w/storm drain ditch. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) Existing signage and lighting is adequate for proposed use and is consistant with surrounaing area. . 8. Required Yards and other Open Space. Show building setbacks and areas of open space.on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Existing zoning CG is consistant with the canprehensive plan and proposed use is ccxnpatable and uses. Other information you may wish to provide: Property has for approximately 40 years been an entertainment venue. The proposed use is an extension of the same venue. E 157.15'(p)~C1 N~TM~ ~ of ac ~~rv . 5 85'5` Z 4= E - 1a5,3.00op ~ rourm i~ -.~ ~ or ru_ ~ OTC Ne ur. --~-~ I' ' ._"~ isc" ~ E'er 2 ~ ~. -~ _ ~ o ~'o . ~~ ~ ' • Y N yy..vv~~ - ~, e i1'n . ~. a ~ ~~ I n° ' ~, H -.~ - m .~_ ~ ~ »u~ fMl.DxR K ~ o oe m .,o ~ v _ N A r•f - D O v yO ~N m-,_ W ~'•' ~ O PARCEL 2 _ s.e ""^ nl.oc 0 = s . .. ~ .. ~ '. • '~~~ • =~ T ~ ..m• •~T Ho x~.c IB~.DQ•~D~(C ` yD oZ 48 DZ •~' .' 25C.p~ f. ~. ! 1 ! • 3T Y f.o0'~ 7.lV ,.~. ~~~C) f1000 ~IRDfvG ~ • ~ 1 N1L ! iET MAL ! $ .Bg13•S9~• W . ~ '. •' 185.17 ~)(~ >¢r. N ~ Dvt•. . . inn may N'• - . ox7N.t7r .x•~aarorw • •• ~• N Oca ' •. .,. O.R V. 3148 PdGE !00 / •:. T .. "••• . oav. nxf P!G[ iN • •P.AR• L~ •~. ...~•~•' ' az •; ser. s Do .. ai N N ~~ N = '; Z J "I .~E ~ 00 NN ~ o+ :. a- 2 cQ' .. I".. "~ r~• l~Yfl N.u . •ryi. Lm . i •O ~~. I • o.,. ~ rout :vsc ~ ~ ~ • ~,o~, I Now. ~ y•. S 9926D4'W 134.4r COMPUTED ... ~~! 5 9993'Se^1Y 134.6r DEED :~TLt1NTIC (100 X/ Tye BOULEI'.4RD AGENDA ITEM #8D MARCH 28, 2005 :. f „'~ AGENDA ITEM MARCH 28, 20 OWNER'S AUTHORIZATION FOR AGENT Glen Trotter is hereby authorized to act on behalf of O.U.R. Properties, Inc. ,the owner(s) of those lands described within the attached application, and as described- in the. attached deed or other such proof of ownership as may be required, in applying to the City , of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: ^ Zoning Variance ^ Appeal © Use-by-Exception ^ Fence or Pool Permit. ^ Rezoning ^ Sign Permit ^ Plat or Replat ^ Other ,~ BY: Si ature of Owner Chris Hionides, President Print Name Signature of Owner Print Name (904) 241-1501 Telephone Number - State of Florida County of Duval Signed and sworn before me on this -~~`-day o~ t 20Q5. By ~~~ (~ I~f ~ ~/y i .n ~ S Identification verified: " O A- ( A~~ Oath sworn: Yes / No No Si lure My Commission expires: „~,~., ,~~;Y ?r'•, Mary C Sorrell '`R• F ~'.~ PAYCnMMISSlON~ DD112995 EXPIRES ;~.::, a~.: ~~+~L.: •; ~,,?ay 25,1006 #8D OS ATTACHMENT D MARCH 28, 2005 COMMISSION MEETING .... March 21, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso city SUBJECT: City Manag is Report Interest on Loans and Assessments; Recently the City Commission asked staffto look into the possibility of lowering the interest rate on loans and assessments to line up with the new rates recently approved for the septic to sewer conversion policy. Finance Director Nelson Van Liere has prepared a report dated March 11, 2005, which is attached for your information. His recommendation is to allow for the refmancing of the non-Section H assessments and loans by request. For information about his recommendation, read the attached report. Resorts on Suits Against the Citv; City Charter Section 61 was brought up in the last commission meeting. It reads as follows; "Upon receiving notice of any suit, the City Manager shall diligently investigate the matter and file a written report with the City Clerk to be presented to the City Commission at its next meeting. The City Clerk shall determine if a special meeting should be scheduled to deal with an emergency situation. Upon receipt of a written claim for damages by an injured party, the City Commission may, by ordinance, make a settlement of the claim" Our City Attorney thinks that this provision was created long ago in a time before cities typically carried insurance to cover most claims. Now when a claim is received, it is immediately transmitted to the insurance company and the City Attorney. The insurance company will then appoint an attorney to investigate the claim and, if they think appropriate, discuss possible settlements. Because the insurance company's cost for an attorney as well as any settlement usually exceeds the city's deductible in any particular case, their recommendation for payment is usually from the insurance company's money and not the city's. However, any defense costs and/or settlements made goes to the city's experience rating which will be the basis for future premiums. The process for an insurance company to assign an attorney and then have that attorney assess the case usually takes at least a couple of months. Consequently, any recommendation for settlement of the claim at the next commission meeting is unrealistic in the current legal environment. AGENDA ITEM #9A MARCH 28, 2005 ,., Nonetheless, any provision in the City Charter must be followed in some fashion. In recent years, staff has considered that the City Attorney's Monthly Report listing litigation against the city and other assignments to met this code requirement. Additionally, any suits involving significant monetary liability or public controversy have been reported by phone to the City Commission. If the Commission wants to receive more information on these, then staff can either begin prepazing a special report summarizing all ongoing cases each month or preparing a summary of each case when it is received. Regardless of the form for reporting to the City Commission, the amount reported publicly about claims would best be somewhat limited because they aze ongoing. Strategic Planning Meetings; As a reminder, two strategic planning workshops have been scheduled for the Mayor and Commission to consider strategic priorities for the upcoming year. They will be held on Wednesday, April 6th and Thursday, April 7th. Both meetings aze scheduled to begin at 5:00 p.m., expected to last until 9:00 pm and both will be held at the Sea Turtle Inn in Atlantic Beach. Emaloyee of the Quarter; Police Lieutenant Henry Bartle has been chosen as the City's next Employee of the Quarter. Lieutenant Bartle has done exceptional work in the last quarter, which was highlighted by the capture and arrest of an armed robbery suspect. This required the Lieutenant to not only be vigilant and attentive about the information being broadcasted about the robbery, but also coordinating the police response to the incident. He then located a person who matched the description, pursued the suspect on foot and, after a lengthy physical ,,, confrontation, was able to subdue the suspect, arrest him and recover the stolen money. During the initial "scuffle" Lieutenant Bartle's radio was disabled and he was unable to call for help. Rather than let the suspect get away, he ran him down on foot and was able to subdue him without help. An employee luncheon will be scheduled soon to honor Lieutenant Bartle for receiving this award. Florida League of Cities Legislative Action Dav; Commissioner Waters and City Manager Hanson will attend various legislative briefings and meet with state elected officials in Tallahassee as part of the Florida League of Cities Annual Legislative Action Day. Meetings will be held on Tuesday, March 29th and Wednesday, March 30th. AGENDA ITEM #9A MARCH 28, 2005 MEMORANDUM Date: Mazch 11, 2005 To: Jim Hanson, City Manager From: Nelson Van Liere, Finance Director ~' _ Subject: Interest on Assessments and Loans Refinanced In response to the recently discussed question of refinancing City of Atlantic Beach assessments and loans my findings and recommendation is as follows. Keep in mind that all of the below numbers change depending on how payments are made. Background Information With respect to assessments for section H: The current rate of interest is S.3S% running through the yeaz 2010. The outstanding balance is roughly $166,000 and the payments are collected through the Duval County Tax Collector. As a result of the payments being on the property tax bill, the City receives less than 100 % of amounts due because of the eazly pay discount. Therefore, the City does not realize the S.3S% but considerable less. The cost to change the rate, change the method of payment and experience a lower level of collection added with man hours to convert would be cost prohibitive and could not be done until next yeaz since these are paid annually. Ocean Grove, Dewees and Seminole Assessments are at 5.91 %. There are less than ten of these assessments for a total outstanding balance of $4,SS9. These assessments are ems', due in 2006 and therefore the interest remaining is negligible. The savings for a citizen on average would be less than $6 total. The Beach Avenue assessments are almost paid off, only $3,726. Left remaining. They were assessed at 6%. The savings for a citizen if refinanced would be about $28 per customer or $7 per customer per year. The final group of loans is for impact fees and connections to the sewer system. There is about $95,000 owed the city at 7% with an average term of eight years remaining. There are about 1 S customers affected and if we lowered the interest rate to S%, the savings to the customer would be roughly $7S on average. This is the group that already has terms that are most like the offer being made now. Recommendation: Each of the assessment types or loans is different by how many customers, interest savings, average amount remaining and remaining payments. Many of the loans are very small and the savings to the customer is negligible. Over the past few years numerous loans have been paid off due to turnover of property. Refinancing and the associated paperwork for the citizen is in most cases is probably not worth the negligible savings they would achieve and the cost of filing liens and release of liens would have to be added back. It is therefore my recommendation not to offer a refinancing. However, having said that, if a citizen came to us and requested a refinancing, I would not abject to lowering the interest rate only, with the exception of Section H. The administrative costs ~!"` associated with section H assessments on the property tax bill and the early payment reduction justifies keeping the slightly higher rates as they aze. I would recommend doing_refinancing on non-Section H assessments and loans by request only. The city already reduced the interest rates on Section H from 8% to S.3S in 1999. EA pW A aD N CT O AGENDA ITEM #9A MARCH 28, 2005 ~ ~ ~ N _ y Q n ~ 3 _~ ~ CL < S N = ~ O ~ ~ ? ~ ~ ~; 7~l' O VJ 69 U7 .~ ~ ~ W A ~ 3 ~ N 0 ~ 0 O n 0 0 t 0 O O O O O O O W ~ N V O ~ CT1 CT -- Q . O A O O CJ~ ~ N~ ° ° ° ° ° ^' m o 3° o o o o o a° o a° -< -n ~ w ~ m 0 0 0 0 0 0 0 0 -~ w oo co rn o (~ t?~ W N t0 Ln (Jt V W W OD N tCt Cr A N Q> N 0 V ~n 0 rn O W O O ~~ m m a~ ~ ~ N ~ O 00 W A ~ 0 to U01 N N N ~ d O ~ 0 N (p 01 ~P O ~ V 000 CL 'N' CD O aD N 0 OD O .P CJ~ O (_~ tai ~ ~ j ~ ~ V ~ o ~ N O N (O OD i9' Cn O 0 W A 0 O O O O .~.. ~ p ~ ~ N ~ o N W W -` V 3 \ Vii N O O A (0J~ '"~ O O V N Ut O O 0 la O ~ r o, o0 ~ ~' m c°~n ~ ai -, N O ..OP W W 7 3 0 O O O ~ .-+ O O fD -- O DZ n c n N o U7 ~ W aaCOl1 j N .. -, O O O O O y ~ ~D ~ ~ co °~° o .oNO ~ ~ N n~i °o w c~i, con 'o D ~ ~~ w o ~ ~ ~ J ~ o ° can w ATTACHMENT E MARCH 28, 2005 COMMISSION MEETING March 28, 2005 MEMORANDUM To: Mayor and Commissio From: Jim Hanson, City Man Subject: Strategic Planning Work ops The strategic planning worksho~s for the upcoming year have been scheduled for Wednesday, April 6th and Thursday, April 7t . Both will begin at 5:00 and will be held at the Sea Turtle Inn in the Plantation Room (North). Supper will be served each night and meetings are expected to last until approximately 9:00 pm. Several items aze attached for your review prior to those meetings. The first is a schedule for both meetings that has been prepared by our facilitator, Howard Smith. Next is a list of major issues that city staff is reconunending for discussion. Third is the final quarterly report for the 2004-OS strategic plan year. Last is a revised proposal from Winter and Company to provide services in connection with the community chazacter project. If you have any questions or need any additional information prior to the workshops, please do not hesitate to call. cc: Department Heads CITY OF ATLANTIC BEACH Strategic Planning Workshop Apri16-7, 2005 General Outline Wednesday, April 6 S:OOpm Opening Session: Orientation and Overview 5:30pm Session II: Strategic Planning....Review (Assessing Our Progress) 6:30pm Break 6:4.5pm Session III: Strategic Planning...Revision (Adjusting Our Expectations) 8:15pm Break 8:30pm Session IV: Strategic Planning...Renewal (Accepting New Challenges) 9:OOpm Recess Thursday, Apri17 5:00 pm Session V: ...Renewal (Continued) 6:30pm Break 6:45pm Session VI: Strategic Planning....Ready, Set, Go (Adopting An Action Plan) 8:15pm Break 8:30pm Closing Session: Wrap-up 9:OOpm END City of Atlantic Beach List of Issues to Consider For Strategic Planning Sessions April, 2005 A. New Issues I. New Environmental Regulations. The federal and state governments have proposed the implementation of several new environmental standards that could affect Atlantic Beach's storm water and wastewater treatment systems. Working to see that these are not unduly burdensome has taken a considerable amount of administrative time as well as cost for consultants. Implementation of these new regulations when adopted could cost several millions of dollars. Most recent work has revolved around the Total Maximum Daily Loads (TMDLs). These are federal requirements being implemented by the state that are intended to identify maximum amounts of pollutants that any water body can receive without impairing the designated uses such as drinking, fishing and swimming. The primary sources of human induced pollutants include urban storm water, agricultural runoff, wastewater plants and septic tanks. A separate standard for daily load will be established for each pollutant that impairs the waterways. Before establishing each target, the state is supposed to identify the location, nature and degree of impairment and work with stakeholder groups to find equitable solutions. The lower St. Johns River Basin has been identified as one of the first areas in the state to go through the TMDL ~'' process. Staff has reported to the Commission about recent meetings with "stakeholder" committees to discuss the limits of nitrogen in the St. Johns River Basin. So far, we appear to be most affected in the short term by wastewater plant standards, but the state is also getting the word out that city storm water systems will be soon to follow. The Florida Storm Water Association estimates the cumulative retrofit costs in Florida to meet the TMDL requirements will be between one and five billion dollars and possibly much higher. What should Atlantic Beach do to meet our environmental commitments? Florida is already ahead of most states. in the country in implementing TMDL regulations and Atlantic Beach already has several existing programs that are ahead of many other cities. Requiring new development to retain storm water on site is certainly a step in the right direction. The city's septic tank conversion policy is also well ahead of the enforcement being done by many other Florida cities to comply with the state law to eliminate septic tanks. Several new projects are also under consideration. The establishment of a Hopkins Creek retention basin would increase Atlantic Beach's percentage of area that is covered by retention facilities. Other drainage projects identified in the Storm water Master Plan will also contribute. While additional funding for these projects may be needed in the future, the present storm water fee of $4.00 per resident per month is comparatively low. Other possible steps to reduce or treat storm water runoff may be to regulate the ability of residents to pave wide driveways and parking spots on their private property and in the city's right of way or to further address the regulations setting forth maximum impervious surface areas. There can be no question that the continued involvement by city staff in the stakeholder process established by the DEP (along with the cooperation of the other beach cities) can help to see that adopted standards are not unduly burdensome or waste scarce funds. However, one note of caution is in order; current environmental "solutions" may not fit future environmental standards. One example is the combined beaches wastewater outfall that was built several years ago to remove the wastewater discharge from the Intracoastal Waterway and move it to the mouth of the St. Johns River. The state seems now unwilling to consider that past expenditure as credit for _ efforts already made to resolve the TMDL problem. There are also other environmental actions "on the radar screen" that may result in more stringent wastewater treatment plant standards and additional watering restrictions are being discussed by the St. Johns Water Management District. As you will read in a later item in this report, the reduction in water sales resulting from conservation efforts already made has dramatically affected the ability of the city to pay for additional capital into the water and sewer systems.. B. Continuing Issues 1. Budget. The City of Atlantic $each continues to be in excellent financial condition. Service levels in many departments have increased in recent years, contingency levels in each of the operating budgets remain at 25% or greater and the city has been able to afford quite a number of projects to benefit the public including adding parks, a City Hall addition and security improvements to many facilities. In recent years many water and sewer upgrades have been completed in accordance with the schedules in the master plans. However, in the last year, there has been much less money available for water and sewer projects and future projections show that trend to continue. The reason is that the average amount of water used per customer has decreased over the last five years. The following chart shows the trend; Water Consum tion Per Customer in Atlantic Beach 10/98 t hrou h 9/04 Date Months Average Number of Customers Volume of Water Sold (x1,000) Average/Customer/ Month (x1,000) Change in Average Water Use FY 98-99 12 6,567 971,770 12.3315 FY 99-00 12 7,492 1,054,893 11.7335 -4.85% FY 00-01 12 7,684 985,042 10.6828 -8.96% FY O1-02 12 7,809 984,430 10.5053 -1.62% FY 02-03 12 7,895 957,310 10.1046 -3.81% FY 03-04 12 8,071 947,804 9.7861 -3.15% TOTAL -20.64% There are several possible solutions to this funding shortfall. One is for the city to "grow out" of the problem. The city won't need additional water and wastewater plant capacity any time in the neaz future. However, at a 2% percent per year customer growth rate, it may take several years. Selling water to other cities is a possibility. Continuing to work to reduce costs will be necessary and normal inflation rate increases in water and sewer rates will be needed each year. One additional option would be to reduce the transfer to the General Fund for a couple of years until more of the capital projects are completed. 2. Hopkins Creek Retention Pond Acquisition of the land for the pond construction has been delayed because of differences in appraisals done for the city and Sunrise Church. City staff recently obtained a copy of the church's appraisal and a review appraisal is being prepazed. The results are expected soon. Several possible solutions exist on this issue. The first is simply to drop the project. However, the city may be turning away not only from a solution to the storm water flooding problems for the adjoining neighborhoods, but also from a major opportunity to increase the percentage of the city's storm water that is handled through storm water retention and treatment facilities (see previous comments under TMDL issue). Delaying the project until some point in the future is also a possibility, although the land may not be available when the city needs it. It is possible that the review appraisal could be shared with church leaders and that some solution could be reached on the purchase price of the property. The city could also condemn the property. The last option would be to acquire other property for the pond. The review of options will be presented to the City Commission by the consultants at the meeting on March 28, 2005. 3. Mayport Road Corridor Improvements There are two projects under this heading that are being planned. These include the construction ~,„ of medians along Mayport Road from Atlantic Boulevard to the entrance to the Naval Station Mayport and construction of a public entrance to the Post Office from Plaza Drive. The Mayport Road Access Management Study completed in October of 2003 called for the construction of landscaped medians along Mayport Road to improve traffic and pedestrian safety as well as the aesthetics of the road and the business climate. That study provided several alternatives that included the possible elimination of some traffic lanes to make room for the medians. The Florida Department of Transportation (FDOT) raised concerns about losing lanes and Atlantic Beach funded a Mayport Road Traffic Analysis Report dated July 2004 to address their questions. The FDOT concluded that the medians should be built without lane closures. Because the medians will be located both in Atlantic Beach and Jacksonville, and because efficiencies can be gained by joining the two into one project, negotiations have been underway between both entities. The FDOT has budgeted for resurfacing in FY 06-07, which would fund a major portion of the project costs and has tentatively agreed to incorporate their resurfacing project with the median project. Jacksonville has tentatively agreed to handle the construction and FDOT has provided a proposed local agency project (LAP) agreement. Atlantic Beach is also working with Jacksonville to come up with an interlocal agreement to facilitate this project. While design can be started as soon as these agreements are complete, construction is not expected until sometime after July of 2006 because of the FDOT's funding schedule. Construction of the public access to the Post Office from Plaza Drive requires close cooperation between Atlantic Beach and the Post Office because portions of the construction aze located both on Atlantic Beach (Plaza Drive) and on U. S. government property. Getting a conceptual agreement with the Post Office that the entrance from Plaza Drive is needed and then working with the Post Office to come up with capital funds for their share of the construction has been a long and tedious process. However, both Atlantic Beach and the Post Office now have capital funds budgeted and the Post Office has authorized the design of their portion of the work. Atlantic Beach will be doing the design in-house. The plan is to have both projects bid in the same package. If one contractor can do both portions of the work, then there should be a cost savings to both entities. The current estimate is for construction to be started this summer with about atwo-month period for the work to be done. 4. Community Character Planning and Implementation The increasing property values in Atlantic Beach and the resulting rapid pace of redevelopment have generally been positive for the city, but some of the projects have resulted in complaints from neighbors about the mass and scale of new construction. Related concerns about the tree canopy, parking and storm water issues have also been raised. The City has held two workshops to discuss strategies for preserving neighborhood character and traditional development forms primarily in Old Atlantic Beach. Following the last workshop, a consensus seems to be focused on addressing zoning related issues first, particularly those related to excessive mass and scale. However, the concern over the recent removal of trees has caused a sense of urgency from some people to consider additional tree regulations sooner rather than later. Direction regarding next steps, specifically the decision to use additional outside consultant services from Winter and Company (and to what degree), should be included as part of the strategic planning for FY 05- 06. A revised proposal from Winter and Company outlining various alternatives has just been received. 5. Personnel and Benefits The need to recruit and retain city employees by having competitive wages and benefits has been discussed by the City Commission often in recent years and is in the current year's strategic plan. Several improvements to pay and benefits have been made although having limited funds available has caused for recommendations to remix salary and benefits so that the City could "put it's best foot forward". Generally, these resulted in higher pay scales coupled with an increase in the employee contributions to the pension funds and amendments to the funding formula for pensions for new general employees. These changes have not been made without controversy. While the city's blue and white-collar unions have approved the changes, the Police Union has initiated the impasse process again. Some changes in benefits recommended by the pension committee in the summer of 2003 have yet to be completed. These include the continued step up of the pension contributions so that they are in line with adjoining municipalities, the addition of disability insurance and increasing the amount of life insurance coverage. One other important step is to update the city's pay plan, which was created in the summer of 2001. As the market for employees changes over time, and as various jobs change, it is important to reconsider an organization's pay plan on a regular basis to be sure to keep it competitive. 6. Bike Paths/Sidewalks The first three legs of multi-use bicycle and pedestrian paths have been budgeted. One is complete and two are under design. These include both sections of Plaza Drive and the north end of Seminole Road. Possible next phases include Seminole Road from the five points intersection north to Selva Marina Drive, Plaza Drive west of Mayport Road, and Main Street. During the last year, a list of new sidewalk requests has been prioritized by the City Commission and the highest ranked projects have been funded. The continued extension of the city's sidewalk network will be presented as an option during the upcoming budget discussions. 7. Information Technology (IT) The city's IT system has grown dramatically over recent years to provide over 100 software programs on the network that enhance the ability of employees in every department to do their jobs. Some of these programs serve employees in most or all departments like a-mail. Others are used only by individual departments such as the Police connection to the JSO Report System. A shift in focus from the rapid addition of new hardware and programs for city departments to the maintenance of those systems has occurred over the last couple of years. This is a result of the many programs that are on the system, the increasingly difficult environment for IT security and problems with making multiple programs work together. However, a number of major projects are being planned for the coming year. The first and probably the most visible of these is the upgrade; of the city's webpage. A number of enhancements are anticipated as part of this change including the ability to make electronic payments on line, more on line application forms, the addition of an automatic search function and an automatic notification system that would let people who sign-up know when new jobs are posted or new bids are advertised. A second major project is the replacement of the city's AS 400 mainframe computer with a more modern version or with other smaller servers. Closely related to this project is the study of the continued use of the HTE software for the mainframe applications including personnel, finance, business licenses and building permits. Regardless of the outcome of the study, the city wilt invest a considerable sum of money to update the hardware and software for the mainframe applications. Another important project is the continued replacement and upgrade of the city's telephone system. Last year a new system was installed in the Public Works building. City Hall is scheduled for the next upgrade. Last, staff continues to watch both the technology and prices of the evolving wireless network to determine when it will become reasonably efficient to add security cameras in city parks, water and wastewater plants and to provide additional wireless access to employees in the field for programs that they can now only access on their PCs. C. Ongoing Projects Following are several ongoing projects, most of which are listed in the current strategic plan. They may not be large enough to rise to the level of being considered strategic, but deserve mention in this list of issues. 1. Security Issues The City has made several improvements to the security at city facilities starting with water and wastewater plants and the Public Works Building. A keyless electronic card entry system for city facilities and remote controlled gates, have been installed. Future installations of this technology should include City Hall and the Public Safety Building, remaining utilities buildings, and our three community centers. !~` L O O ,r » ~ * 0 fV r ~ ~ : 1'1 ~ ~ ~ ~ D ~ ~ o ~ 0 0 0 ~ a ~ Do ~ N ~ ~ r °: ~ ~ C ~ ~ ~ C ~ j Q ~ 7 ~ (~ ~ Q n ~ ~ .n~- O ~, .n. O .N-. . C ~ ..A O ~ ~ o m ° N A ~ ° _ n o ~ o ~ ~ w `~ ~ ~ m o ~ a o ° ~ ~ ~. o ~. N C7 r« ep ~ ~ ~ `L ~ ~D a O N ~ O .. 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O tD ~ . ~ N (D ~ O G O ~ ~ -p0 ~ ~ ~ -~ ' N (D ~ (Q N ~ ~ ~ pyj ~' N '~ N N mo ~ n ~ O o m~ m v~~~ ~~Q -~u, -o -am .o ~ ~' c ~ m c~i m mca c m n N y fl o m o m~ m m e m o p' O tR fl. ~ W tD p~ ~ N~ N~ N O 3 N p p 'O O ~ 7 ~ ~ ? ~ N O d N W ~ •~~ N • " -~~ O fD n fl- ~ O ~ N Q fD pD Q1 ~ ~ ~ ~ (D tD ~ f~D C p N n p -, ~ __ 0 N f ~ N o ° cnQ-ooo ~~c ~ ~m ~ m - 7r ~ ~~ ~ C O ~• ~ 'L7 ~,~m~ N ~ m m= o N ~ ~ c ~ ~ ~ -° (D 01 <_ n ° ~ _ ~ N N ~ o w m ~ ~" c w m Q ' ui a ~' j ~ ~° o 3 " ~ Q ~ co W 0 -~ n n oo y n r ~ r ~ ~ ~. m ~. ec ~ ~ o ' ~D ' o ~ v -+ o' r*: ~ , su p '~ ~ = fA rt n fA ~ ~ .-. O ~ W ~ n ~ .~- ~ ~ 1 d Q. vc~am ~3e~~' ~ ~d o a 0 3 VI !'~~ w~w, it/ ~. tC n '~ si A c~ c~ ~a 0 n N 0 0 Scope Page 1 Atlantic Beach, Florida Residential Design Strategies Services Submitted by: Winter & Company March 18, 2005 These services are organized in a menu of options that combine a series of service modules, or "parts" which combine to form a comprehensive strategy for design in older residential neighborhoods in Atlantic Beach. This project focuses on the older, smaller lots, found between the beach and Seminole Street and Ahern and 1 lth Street. Option A In this module, Winter & Company will organize and conduct athree-day on-site charrette, which will include a series of focus group meetings and a public workshop, to rev.'. ew traditional design features. Part 1 A: Strategy First, we will produce a summary strategy that defines how all of the potential code amendments and guidelines would work together and outlines the objectives for each In order to help participants understand the issues and establish priorities, we would produce computer models of one block with traditional development characteristics. We also ,, would produce an image of the maximum development permitted under existing regulations. Variables are expected to include: building height, setbacks, floor area ratio, impervious coverage and parking. These materials would be presented in a public workshop. Part 1B: Mass & Scale Standards Outline In this step we will work with the community to identify a mass and scale prototype for the study area that would be considered appropriate. To do so, we will generate models of three alternative approaches to development standards within the study block. Option B In this option, the services described in Option A are provided AND, in addition, we would develop two drafts of the recommended design standards related to mass and scale. The standards would be presented in a chart form, with an accompanying explanatory memo. (That is, in a `Manning" format, not a final code language form). We also would produce a computer image of what those standards would yield. We would present this in a public workshop (trip #2), and make minor adjustments to the tables on site, based on public comment. Some supplementary focus group meetings also would occur, to review the proposals with key interest groups. Staff would ,then take this information and work with the community to refine the standards and then convert the information into code language. Winter & Company Scope Page 2 Option C This option adds more work by the consultants in revising the standards. To do so, some additional modeling of alternatives would be provided. Based on the comments received in the presentation of the previous drafts of the standards, the consultants would revise the draft language and also create new. computer images of the likely outcome under the recommended code. This option also adds in work on a tree ordinance. This would be discussed at the same workshops as described for the zoning standards. A third (and _ final) trip is included, to present the revised standards. Staffwould then be responsible for writing the appropriate code language. Option D This option adds creation of design guidelines to the scope of work. These guidelines would provide a greater level of detail for design, addressing materials, building form, win3ows, porches, etc. They could be used as an educational tool, and could also be linked to special variances or other review exceptions. They could be used in a design review overlay as well. No additional trips would be involved. Work on the guidelines would be timed to progress throughout the course of the services described in the earlier modules. Winter & Company Revised 3/25/2005 Winter & CO REVISED Page 1 of 4 Project Budget Character Management System Atlantic Beach, Florida #~### PART ONE -REFINE CHARACTER MANAGEMENT STRATEGY PART 1A: Advance Analysis & Workshop Preparation Review existing regulations and policy papers Evaluate regulations and develop matrix of existing regulations Define model block context Develop model of existing conditions Produce models of permitted development under existing regulations Prepare materials for public workshop #1 Personnel N. Winter H. Gregg J. Husband K.Good B. Shears L. Einsweiler (prelimn review & confer Rate Hours Amount Subtotal $155 30 $4,650 $110 16 $1,760 $100 16 $1,600 $80 30 $2,400 $50 12 $600 $135 4 $540 $11,550 PART 1B: On-site Work Sessions ~ Report (Trip 1 Activities) Tour Project Neighborhood Conduct focus group meetings Conduct public workshop #1 Develop models of alternative infill scenarios for model block Develop outline of mass/scale revisions based on modeling Prepare strategy paper Develiver working draft of paper to city Personnel Rate Hours Amount Subtotal N. Winter $155 40 $6,200 H. Gregg $110 0 $0 J. Husband $100 0 $0 K.Good $80 40 $3,200 B. Shears $50 0 $0 L. Einsweiler (prelimn review ii< confer $135 4 $540 $9,940 Reimbursable Expences -Part 1 Unit Cost Quantity Amount Subtotal Airfare $450 2 $900 Ground Transportation $150 1 $150 Car Rental $50 5 $250 Accommodations $150 8 $1,200 Meals $50 8 $400 Photography $150 1 $150 Reproduction $150 1 $150 Plotting $50 4 $200 Workshop Materials - $50 1 $50 Shipping $25 1 $25 ~"* Total Part 1 Expenses: $3,475 Total fees 8 expenses, Part 1 $24,965 TOTAL COST - OPTION A (PART 1 ONLY) $24,965 Page 1 Revised 3/25/2005 Winter & CO REVISED Page 2 of 4 PART TWO -Produce Draft Development Standards PART 2A: Production - In-house Develop revised computer models Produce Draft #1 of Development Standards Review comments on Draft #1 (conference call) Produce draft #2 of development standards (City staff may convert to ordinance form at this stage.) Personnel Rate N. Winter $155 H. Gregg $110 J. Husband $100 K.Good $80 B. Shears $50 L. Einsweiler/Duncan Associates $135 Total Fees Fart 2A Hours Amount Subtotal 40 $6,200 12 $1,320 20 $2,000 40 $3,200 20 $1,000 4 $540 $14,260 PART 26: Community participation ~ Workshop #2 (Trip 2) Conduct focus group session on Draft 1 of development standards Conduct work session with City Council on draft 1 of development standards Conduct community work session on draft 1 of develoment standards Personnel Rate Hours Amount Subtotal N. Winter $155 40 $6,200 H. Gregg $110 0 $0 J. Husband $100 0 $0 K.Good $80 40 $3,200 B. Shears $50 0 $0 L. EinsweiledDuncan Associates $135 0 $0 Total Fees Part 2B $9,400 REIMBURSABLE EXPENSES -PART 2 TRAVEL Unit Cost QuantityAmountSubtotal Airfare $450 2 $900 Ground Transportation $150 1 $150 Car Rental $50 3 $150 Accommodations $150 4 $600 Meals $50 4 $200 Photography $100 1 $100 Reproduction $100 1 $100 Plotting $50 4 $200 Workshop Materials $25 1 $25 Shipping $25 1 $25 Total Part 2 Expenses: $2,450 TOTAL COST -PART 2 $26,110 TOTAL COST - OPTION B (Parts 1 8 2) $51,075 Page 2 Revised 3/25/2005 Winter & CO REVISED Page 3 of 4 FEES PART THREE -Finalize Development Standards 8~ Produce Tree Ordinance Part 3A: Produce Final Development Standards Produce final draft (#3) of development standards Prepare materials for workshop #3 Personnel Rate Hours Amount Subtotal N. Winter $155 20 $3,100 H. Gregg $110 16 $1,760 J. Husband $100 16 $1,600 K.Good $80 24 $1,920 B. Shears $50 24 $1,200 L. Einsweiler/Duncan Associates $135 4 $540 Total Fees Part 3A $10,120 Part 36: Develop Tree Ordinance Reviewtree ordinance issues & objectives Develop draf.1 of tree ordinance Develop second draft of tree ordinance Personnel Rate Hours Amount Subtotal N. Winter $155 8 $1,240 H. Gregg $110 20 $2,200 J. Husband $100 8 $800 K.Good $80 20 $1,600 B. Shears $50 8 $400 L. Einsweiler/Duncan Associates $135 4 $540 Total Fees Part3B 6 780 Part 3C: Community Participation 8 Workshop #3 Conduct work session with council & conduct public workshop Personnel Rate Hours Amount Subtotal N. Winter $155 24 $3,720 H. Gregg $110 0 $0 J. Husband $100 0 $0 K.Good $80 0 $0 Total Fees Part 3C $3,720 REIMBURSABLE EXPENSES - PART 3 TRAVEL Unit Cost Quantity Amount Subtotal Airfare $450 1 $450 Ground Transportation $150 1 $150 Car Rental $50 2 $100 Accommodations $60 2 $120 Meals $50 2 $100 Reproduction $100 1 $100 Workshop Materials $25 1 $25 Shipping $25 - $0 * Total In-House Expenses: $1,045 TOTAL COST -PART 3 $21,665 TOTAL COST - OPTION C (Parts 1+2+3) $72,740 Page 3 Revised 3/25/2005 Winter & CO REVISED FEES PART FOUR -DESIGN GUIDELINES Part 4A: Produce Residential Design Guidelines Develop strategy for use of guidelines Develop draft 1 of design guidelines Develop draft 2 of design guidelines Develop final draft of design guidelines Personnel N. Winter H. Gregg J. Husband K.Good B. Shears Total Fees Part 4A REIMBURSABLE EXPENSES -PART 4 Rate Hours Amount Subtotal $155 32 $4, 960 $110 20 $2,200 $100 16 $1,600 $80 80 $6,400 $50 40 $2,000 $17,160 Unit Cost Airfare $450 Ground Transportation $150 Car Rental $50 Accommodations $150 Meals $50 Reproduction $50 Plotting $50 Workshop Materials $50 Shipping $25 Total In-House Expenses: TOTAL COST PART 4 Total Option D (Parts 1+2+3+4) Quantity Amount Subtotal - $0 - $0 - $0 - $0 - $0 1 $50 - $0 - $0 1 $25 $75 $17,235 $89,975 Page 4 of 4 Page 4