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Draft Min 7-12-04 ~!* MINUTES REGULAR CITY COMMISSION MEETING JULY 12, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver .City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of June 28, 2004 Motion: Approve Minutes of the Regular Meeting of June 28, 2004 as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of Superior Achievement Award to Jack Baldwin and Paul Paloti It was reported that Jack Baldwin and Paul Paloti designed, fabricated and installed the new walkway guardrails at the City Hall complex, which saved the city approximately $35,000. Mayor Meserve commended Messrs. Baldwin and Paloti for their work and presented Mr. Paloti with a check for his share of the employee award. Mr. Baldwin was not present to receive his award. ~ Mr. Paloti thanked the Commissioners for implementing the Superior Achievement Award Program and stated that he was happy that Mr. ~ Baldwin and he could save the taxpayers of Atlantic Beach some money. July 12 2004 REGULAR COMMISSION MEETING Page 2 Pat Pillmore of 995 Camelia Street commented on the proposed water rate increase and felt the city should educate its citizens to conserve water, but if the city needed additional revenues it should say so. She also felt that if the city changed a sign from "No U-Turns" to "No Turns" a warning for a violation should be issued before a ticket. Scott Shine of 4390 Richmond Park Drive, Jacksonville, representing the Surf Riders organization, stated that he was opposed to the city's proposed leasing of any beach access parking spaces (Item 6B), and requested that no leases be signed until parity is reached with the spaces gained. Harold Brodeur of 1965 Sevilla Boulevard West opposed the ~,,,,, construction of high-rise condominiums on Johnston Island as not fitting the residential character of the city (Items 7C and 7D). He also urged the preservation of the marshlands. James Fletcher of 340 Garden Lane opposed construction of condominiums on Johnston Island as being in violation of the city's Comprehensive Plan. He also expressed concern for increased traffic in a high hazard area needed for hurricane evacuation and the need to conserve "blueways." Mr. Fletcher stated he did not want a condominium built higher than the bridge at the entryway to the city. He then inquired if any compromises had been reached with the developers since the first presentation, and if not, suggested that lowering the height, providing public access to water from the site, and requiring that the development reflect the character of Atlantic Beach, be considered. ~"' Sally Clemens of 1638 Park Terrace West believed the city was sending conflicting messages when tree plantings and beautification projects were being promoted, but consideration was being given to change Conservation ~"'' Lands to medium density, Residential and General Commercial (Item 7C). She believed the city should purchase the Johnston Island property and maintain it as a recreational area for the citizens of Atlantic Beach. Alan Potter of 374 2"d Street stated he was opposed to the proposed condominium development on Johnston Island. He also expressed opposition to the proposed water/sewer rate increase, which would provide a 7.17% increase in revenues to the city. He believed the reduced consumption, which equated to less water being pumped, saved the city electricity and chlorine costs, which he believed should offset the lost revenues. He felt water consumption would increase when the military returned from Iraq and any rate increase was unjustified. Bob Curry of 65 10`h Street, who lives at the Island Club Condominiums, ~ spoke in favor of the city leasing ten parking spaces to the residents (Item 6B). He believed this was the right thing for the city to do to provide a c July 12, 2004 REGULAR COMMISSION MEETING Page 3 solution to a unique problem. Mr. Curry distributed copies of a 1998 letter from to Richard Bonner of the Army Corps of Engineers, which stated there would be no problem with using ten spaces adjacent to the condominium if ten others were created for public use. Brian Wolfe of 1884 Sea Oats Place stated that he considered but did not buy a condominium at the Island Club due to the parking situation. He believed the access parking spaces should remain open to the citizens of Atlantic Beach. He believed that if they were to be rented, others maybe willing to pay more for a beach access space than the suggested fee of $300 per year. ~,,, Dick Hilliard of 11`h Street expressed concern that the utility lines that would run to Johnston Island would have to be supported on pilings through the marsh and would not be very attractive. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) He believed the Commissioners should not raise the water and sewer rates (Item 7B), and suggested that they at least lower the base utility rate and give some type of rebate for those residents who install water- conserving fixtures, (2) He commented that speeding was still occurring on Sherry Drive and reminded the Commissioners that a petition signed by 78 residents had been submitted requesting that something be done about the problem, (3) He believed beautification of the five-points area was a waste of money, and (4) He opposed Resolution No. 04-06. Peter Sapia of 1655 Selva Marina Drive stated that he had gone to Johnston Island and believed height of the building should not be an issue because the buildings could not be seen from the bridge. He suggested that the Commissioners hold off on any improvements at the five-points area ~"' until they see what demand will be placed on Plaza after the opening of the Wonderwood Bridge. Sharon Scholl of 2049 Selva Marina Drive spoke in opposition to the Johnston Island development (Items 7C and 7D) for the following reasons: (1) The land was inches above the water and a hurricane storm surge would destroy the buildings, (2) A marina at that particular location on the waterway was not a good idea due to the high volume of boat traffic, (3) Public space would be lost, and (4) The public in general was opposed to going over the 35' height limit. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting ~' July 12, 2004 REGULAR COMMISSION MEETING Page 4 A. City Manager's Follow-Up Report City Manager Hanson commented on each item of his written report. A copy of the report is attached and made part of this official record as Attachment A. Lease for 10th Street Parking Public Works Director Rick Carper displayed photographs of Mandalay Park, located one block from the 16`h Street beach access, where ten shaded parking spaces could be created to compensate for the leased spaces on 10th Street. He indicated that an additional three spaces could be developed on the north end of the park. The cost to develop the parking spaces was reported to be $29,000. Item 6B was taken out of sequence and acted on at this time. 6B. Resolution No. 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARHING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO +~ SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Resolution No. 04-07. Mayor Meserve commented that the buyers of the Island Club Condominiums were aware of the parking situation when they bought the ~" units. He believed that at least ten of the eighteen beach access parking spaces were occupied most of the time by the condominium owners, unless they left and the spaces became occupied on a first come, first serve basis. ~" The Mayor stated that he would like to solve the problem, if there would be away to guarantee that the city would not lose any public parking spaces. ~"" Mayor Meserve indicated that new beach parking could be developed at Mandalay Park. He indicated that before he could support leasing spaces, it was important to discuss the cost because the only thing discussed was an ~" owner designed plan, which contained a nominal fee for leasing the parking spaces. He indicated that he would like the following items to be considered before entering into any lease for parking spaces: (1) The city must create ten spaces or more spaces, (2) The spaces must be created and in place before any spaces are leased to the Island Club, (3) The lease payments would pay the city for the creation of the new parking spaces, with assurance that the debt will be repaid within a reasonable number of ~"' July 12, 2004 REGULAR COMMISSION MEETING Page 5 years, (4) All residents of Island Club must agree with the lease agreement or there will be no agreement, and (5) The initial agreement would be for one year with automatic renewal and should contain an out clause incase it does not work out between the city and lease holders. Commissioner Waters indicated that the problem needed to be resolved and there was a general expectation that you should be able to park in front of your home. He believed the city should be responsible for signage to mark the spaces and that the new parking spaces should be created before any leases were signed. Commissioner Parsons agreed with the Mayor's suggestions and indicated that he wanted a condition to be included in the lease agreement prohibiting subleasing of parking spaces. Commissioner Beaver commented that he had met with several of the residents of the Island Club. He indicated this was a tough issue to resolve because the owners purchased the units knowing there was no parking. He stated that as soon as the city passed the resolution the property values of the owners would increase because they now have parking. He expressed concern with the lease fee of $300 per year the city was placing on the parking spaces, and indicated that other city residents might also want to rent a parking space for $300 per year. Commissioner Beaver believed the signage and parking decals for the cars should be provided by the city. He also requested that the residents at 16`h Street be notified of the City's intent to create new parking spaces at Mandalay Park. Commissioner Waters indicated that he had spoken with staff and it was determined that two additional parking spaces could be created at the Tenth street access allowing ten spaces for the public on the east end and ten private spaces on the west end. Discussion ensued and Commissioner Simmons believed something should be tried for aone-year trial period. Amendment to the motion: Amend the agreement to include the ~" following items: (1) The city must create at least ten new parking spaces before any spaces are marked and leased to the Island Club, (2) The spaces must be contiguous, (3) All or nothing -all ten residents '~ who need parking spaces must enter into a lease agreement or there will be no agreement, (4) There will be no subleasing of parking spaces, ~5) The city will provide signs and decals for the cars, and (6) The city ~ will register the cars being parked in the leased spaces. +w~ ;_ July 12, 2004 REGULAR COMMISSION MEETING Page 6 Moved by Meserve, seconded by Parsons Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters AMENDMENT TO THE MOTION CARRIED City Attorney Jensen drew the Commissioners' attention to the fourth paragraph of the resolution and requested that they consider whether the property to be leased was not currently needed for any municipal purpose. He indicated that it was his opinion that the property was needed for a municipal purpose -beach access parking. Discussion ensued and the Mayor indicated that he would like to defer this matter for further discussion. Motion: Defer further discussion to the July 26, 2004 Commission Meeting. Moved by Parsons, seconded by Beaver Votes: Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters THE MOTION CARRIED Agenda Items 7C and 7D were taken out of sequence and acted on at this time. r~ C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, w* AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED +~ ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL ~""" COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; ""'' FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE The Mayor read the ordinance by title only. `""' Motion: Approve Ordinance No. 31-04-03 on first reading. ~* July 12 2004 REGULAR COMMISSION MEETING Page 7 Community Development Director Doerr noted that there was a minor typographical error on one of the maps contained in the staff report package, and it should read a total of 3.6 acres of medium density residential and .5 acres of commercial. Anthony Robbins, of Prosser Hallock Planners and Engineers, and a member of the Bridge Tenders, LLC project team for the redevelopment of Johnston Island, displayed an aerial photo of Johnston Island and explained the site contained a total of 7.5 acres, with about 4 acres of uplands. He pointed out that the site was located three-fourths of a mile from the nearest home and was an abandoned commercial site that had been rezoned several times in the past, from industrial to open rural and then conservation lands. He indicated the site was not a unique, pristine location, but was comprised of disturbed uplands, which contained dilapidated buildings left on the commercial site. Mr. Robbins stated that the proposed development plan consisted of an estimated 30-36 condominium units, a private yacht club/marina, restaurant, abed and breakfast, parking and other amenities. He pointed out that parking would be under the condominium buildings and there would be no open, large surface retention ponds. Access to the site would continue to be from the FDOT maintained road, and a traffic study had been completed which indicated a total of 76 p.m. peak hour trips from the site. Orientation photos illustrating the height of the condominiums relative to the height of the bridge were displayed. Mr. Robbins stated that the initial height of the buildings was first proposed to be 88', but the height was lowered to a maximum of 72'. Conceptual drawings of the physical appearance of the development were also displayed, and Mr. Robbins briefly went over the planned amenities. He indicated that approval of the Planned Unit Development (PUD) would require an amendment to the Comprehensive Plan, requiring a small scale amendment to amend the 2005 Future Land Use Map from Conservation to Residential, Medium Density and from Conservation to Commercial. A copy of the Redevelopment Proposal for the Atlantic Beach Yacht Club is attached and made part of this official record as Attachment B. Mayor Meserve opened the floor for a public hearing. Dick Hilliard, former Public Works Director for the city, pointed out that the water and sewer lines to serve the development would have to be elevated on pilings through the marshland, which he believed would be unattractive. Mr. Fletcher of 340 Garden Lane stated that he was concerned about sound. ~ July 12, 2004 REGULAR COMMISSION MEETING Page 8 Patricia and Tom Goelz of 1359 Beach Avenue each opposed the project. Mrs. Goelz felt the property was similar to Dutton Island and should remain ~ undeveloped, but if it was developed, the height should be limited to 35' and there should be public access to the property. Mr. Goelz believed there was no need for this type of development in Atlantic Beach. Mike Mickle of 268 Vela Norte Circle requested that public access to the property be maintained. Pat Pillmore of 995 Camelia Street opposed the project. She expressed concern for the wetlands and indicated that they needed to be protected from development. Lisa Bruno of 377 Plaza opposed the project and stated that city should preserve green space. No one else spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning the utilities. Mr. Robbins stated that the utilities would be underground, and would be built to city specifications. Commissioner Waters inquired concerning the ownership of the road. Mr. !~' Robbins indicated that the road was a private road maintained by the FDOT. Commissioner Waters stated that the city needed to clarify if the road was private or owned by the FDOT. Commissioner Beaver concurred. He felt ~""' that if there was any public access, it should be maintained. The Mayor stated that it was his understanding that the road was, and always had been a private road maintained by the FDOT. Community Development Director "`" Doerr noted that the Johnston Island property was private property and not presently open to the public. Discussion of the status of the road ensued and Mr. Robbins agreed to clarify the ownership of the road. Commissioner Simmons inquired concerning the ownership of the property south of the road and under the bridge. Mr. Robbins responded that he had no knowledge concerning that property, and it was not part of the proposed development. Mayor Meserve inquired how the property was zoned when annexed. City Attorney Jensen advised that the property was zoned IW -Industrial Waterfront. He then read a list of permitted uses under that zoning and pointed out some. of the permitted uses within IW zoning. He indicated that the changes in zoning were implemented to incorporate the other areas surrounding the property. He believed that if there were to be a lawsuit, the July 12, 2004 REGULAR COMMISSION MEETING Page 9 owners might try to regain what was allowed on the property prior to annexation. Commissioner Beaver recapped some of the past uses of the property. He recalled that at one time the city tried to purchase the property to preserve it, but could not come to terms with the owners. He pointed out that Johnston Island was always an industrial site. He reviewed the city's options for the property, and stated that it would be unrealistic to think nothing was going to be developed there. Commissioner Beaver stated that ownership of the access road needed to be clarified. He also expressed concerns relative to the property being an abandoned industrial site and indicated that the developers would face many regulators to ensure the property was cleaned up and environmentally safe. He indicated that he had a concern with the proposed height of the condominiums, but it was an isolated area, one mile from the nearest residential development. He felt that the regulations set forth by the Commission in the PUD were for a unique piece of property located under a 78' bridge and he believed they would not set a precedent for future development in other parts of the city. He believed the proposed project was not a bad project, but the height was still an issue for him. Commissioner Parsons agreed with Commissioner Beaver. He inquired concerning construction of a south seawall on the property. Mr. Robbins indicated that rip-rap or some other stabilizing media would be used on the Island but he was unsure if anything would be done to the area under the bridge, which was not part of Johnston Island. Commissioner Parsons commented that he could live with a 66' height for the building, but not 88' Commissioner Simmons indicated that she was not in favor of the commercial aspects of the proposed redevelopment. Discussion of previous rezoning classifications of the property ensued. It was pointed out that the zoning designation of the property was changed to Conservation when the Open Rural category was eliminated as a zoning district within the city. Community Development Director Doerr stated that the deed for the Bridge Tenders property listed several encumbrances, and read into the record an encumbrance on the deed that maintains any rights the public has to the area. Moved by Beavers, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ~ MOTION CARRIED D. Ordinance No. 52-04-02 -Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE ~ July 12 2004 REGULAR COMMISSION MEETING Page 10 NUMBER 52-04-02, REZONING LANDS AS DESCRIBED "~ HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 52-04-02 on first reading. Mayor Meserve opened the floor for a public hearing. Dick Hilliard of 338 11th Street reiterated his concerns relative to the above-ground utility lines. Patricia Goelz of 1359 Beach Avenue stated she was opposed to height as presented. Jamie Fletcher of 340 Garden Lane inquired concerning the height of the development under construction on the southwest corner of the Intracoastal Waterway. It was reported that those condominiums would be 85' in height. He stated that he was opposed to that height for the Johnston Island development. He agreed that ownership of the ingress to the Johnston Island property need to be clarified. ~** Valerie Pickett of 351 4th Street inquired concerning the PUD process and inquired if the PUD was transferable if the project was not built. She was told it was not transferable. Ms. Pickett favored a 35' height limit. Peter Sapia of 1655 Selva Marina Drive commented that drivers would not be able to see the building from the bridge. Tom Goelz of 1359 Beach Avenue favored a 35' height limit. No one else spoke and the Mayor closed the public hearing Commissioner Waters stated that he could not vote for a PUD at 88' and stated he did not want to exceed the 35' height limit. Commissioner Beaver stated that he had concerns with the Bed and Breakfast aspect of the proposed development and stated he preferred to keep the development a residential community. Mr. Robbins stated that the B & B was intended to be an option and may or may not be part of the ~"" July 12 2004 REGULAR COMMISSION MEETING Paee 11 development. He indicated that the traffic study was based on the resort "~' hotel criteria. Commissioner Beaver stated that he felt comfortable exceeding the 35' ~ height in this application, as long as it did not exceed the height of the bridge. Commissioner Beaver asked Mr. Robbins to address what is the minimum acceptable height limit --between 35' and 72' -that would make this a viable project. Mr. Robbins responded that the compromise height was 72'. Discussion of the height ensued. The Commissioners requested that the height be reduced from the 72' and Mr. Robbins responded that he could work with a figure in the high sixties. Mayor Meserve inquired concerning from where the height of 72' was measured. It was determined that it was measured from the center of the bridge, which is located west of the proposed development. Further discussion ensued and Mr. Robbins stated that the developer would consider using 69' as the building height. Discussion ensued regarding changes that could be made between first reading and second reading of the ordinance, and the City attorney was asked to address this issue. The Commissioners discussed amending the motion to limit height to 69' for the purpose of continuing consideration until the next meeting. Discussion of the bed and breakfast and marina ensued. Commissioner Simmons inquired if the B & B would be private or open to the public. Mr. Robbins responded that it was not for public use. Commissioner Simmons stated that she wanted this to be a condition of the PUD. Commissioner Waters spoke against any marina use by the general public, and reiterated his preference fora 35' height limit. Amendment to the motion: Approve with the addition of the followin conditions: (1)The height will be limited to 69 feet, (2) the Bed and Breakfast restaurant will not be opened to the public, and not be a franchise or a drive through and (3) development would be subiect to the three conditions listed on Page 4 of Community Development Director Doerr's Staff Report dated June 30, 20004.. (A copy of the Staff Report is attached and made part of this official record as Attachment C). Moved by Beaver, Parsons Votes: Aye: 3 -Beaver, Parsons, Meserve ~" July 12 2004 REGULAR COMMISSION MEETING Page 12 ~ Nay: 2 -Simmons, Waters AMENDMENT TO THE MOTION CARRIED ~ Moved by Beaver, Parsons (Motion to approve Ordinance No. 54-04- 02) Votes: ~„ Aye: 3 -Beaver, Parsons, Meserve Nay: 2 -Simmons, Waters THE MOTION CARRIED B. Present proposed design for aesthetic improvements to the 5- points intersection (Discussion of Item 3B was deferred to the July 26, 2004 meeting). The Mayor called a recess to the meeting at 10:50 p.m. The meeting was reconvened at 11:05 p.m. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of monthly reports from Public Works and Utility Departments, Building Department, report of new Occupational Licenses issued in June, and Utility Sales Report for June B. Extend the annual contracts for environmental laboratory services for one additional year to Advanced Environmental Services, Inc. at a 3% increase and to Columbia Analytical Services at the current contract prices (RFP 0102-7) (City Manager) C. Award the annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at the unit prices submitted Bid No. 0304- 19 (City Manager) Commissioner Waters requested that Agenda Item B be removed from the Consent Agenda for further discussion. Motion: Approve Consent Agenda Items A, and C as presented. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Commissioner Waters inquired concerning the missing attachments from the staff report. Utility Director Kaluzniak believed the documents were July 12 2004 REGULAR COMMISSION MEETING Page 13 attached when the report was submitted but stated she would provide Commissioner Waters the information. Motion: Approve Consent Agenda Item B as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutions: A. Resolution No. 04-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000 Motion: Approve Resolution No. 04-06. Commissioner Simmons stated that she needed more information concerning the proposed resolution. Discussion of shifting the tax burden ensued. It was pointed out that an additional $25,000 tax exemption was currently available to low income senior citizens living in Atlantic Beach. Moved by Beaver, seconded by Parsons Votes: Aye: 3 -Beaver, Parsons, Meserve Nay: 2 -Simmons, Waters MOTION CARRIED B. Resolution No. 04-07 ~"' A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARKING SPACE. AGREEMENT FOR OWNERS OF ISLAND CLUB i"' CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN EFFECTIVE DATE Item 6B was taken out of sequence and acted on earlier in the meeting. Ordinances 7. Action on Ordinances July 12 2004 REGULAR COMMISSION MEETING Page 14 A. Ordinance No. 25-04-37 Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-Z5, BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 25-04-37 on first reading. ~. Commissioner Waters referenced subsection (a) of the ordinance and inquired concerning how the view would be protected. City Manager Hanson responded that the setback and height requirements protected the ~. view. The Mayor announced that the final reading and public hearing for the ordinance would be July 26, 2004. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 80-04-69 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATER WORKS SYSTEM, SECTION 22-27 DELETING (1) CUSTOMERS WITHIN CITY, (a) SINGLE UNITS, (b) MULTIPLE UNITS, AND DELETING SECTION 22-27(2) CUSTOMERS OUTSIDE THE CITY. ADDING SECTION 22-27 (1) MONTHLY WATER BASE FACILITY CHARGES, PROVIDING FOR SPECIFIC RATES FOR RESIDENTIAL, COMMERCIAL AND IRRIGATION BASE FACILITY CHARGES AND PROVIDING FOR A PHASED IN INCREASE IN COMMERCIAL WATER BASE FACILITY CHARGES BASED ON METER SIZE OVER A FOUR YEAR PERIOD, ADDING SECTION 22-27(2) SCHEDULE OF WATER VOLUME CHARGES, PROVIDING FOR THE IMPLEMENTATION OF AN BLOCK RATE STRUCTURE AND CREATING SECTION 22-27(2)(a) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE FAMILY UNITS, CREATING SECTION 22-27(2)(b) ESTABLISHING RATES AND BLOCKS FOR THE COMMERCIAL UNITS AND CREATING SECTION 22-27(2)(c) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING ~!" July 12, 2004 REGULAR COMMISSION MEETING Pace 15 RATES AND BLOCKS FOR THE MULTIPLE UNIT AND COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3) CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE III, WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO RENAME THE CHARGE WASTE WATER BASE FACILITY CHARGE, TO CHANGE THE CHARGE AMOUNT FOR ALL CLASSES AND TO DELETE SECTION 22-166(c) MONTHLY BASE SURCHARGE FOR REVENUE GENERATION. TO AMEND SECTION 22-167 SCHEDULE OF WASTE WATER VOLUME CHARGES DELETING SECTION 22-167(a), (a)(1), (a)(2) AND REPLACING THEM WITH SECTION 22-167 (a) ESTABLISHING A BLOCK RATE STRUCTURE, (a)(1) ESTABLISHING RATES AND BLOCKS FOR SINGLE FAMILY INDIVIDUAL METERED HOMES, (a)(2) ESTABLISHING RATES AND BLOCKS FOR MULTI-UNIT RESIDENTIAL AND ALL COMMERCIAL UNITS AND DELETING SECTION 22-176 REVENUE GENERATION SYSTEM ESTABLISHED, DELETING SECTION 22-177 DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL IMPROVEMENTS, DELETING SECTION 22-178 USE OF ACCRUED FUNDS, DELETING SECTION 22-179 CERTIFICATION OF REVENUE GENERATION SYSTEM, DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN EFFECTIVE DATE. Motion: Approve Ordinance No. 80-04-69 on first reading. City Manager Hanson explained the purpose of the ordinance and indicated that the restructured water and sewer rates were required to meet the St. Johns River Water Management District (SJRWMD) requirements to adopt a water conserving rate structure. It was pointed out that the city's largest residential water users would feel the biggest impact of the rate restructuring. A copy of the City Manager's report concerning the restructured rates is attached and made part of this official record as Attachment D. Commissioner Parsons noted that overall water usage had increased in the past month. City Manager Hanson responded that the increase came from new Navy Housing that was recently brought on-line. The Mayor announced that the final reading and public hearing for the ordinance would be July 26, 2004. Moved by Simmons, seconded by Parsons Votes: July 12, 2004 REGULAR COMMISSION MEETING PaEe 16 ~ Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Agenda Items 7C and 7D were taken out of sequence and acted on earlier in the meeting. C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO ~. RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ~+• ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE D. Ordinance No. 52-04-02 -Introduction and Public Hearing ?~"' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED ~!!' HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL ~"' OCONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDINGA SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 80-04-68 -Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, '~ ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1 UTILITY DEPOSITS PARAGRAPH (B) DELETING REFERENCE TO THE PAYMENT OF INTEREST ON CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 80-04-69 on first reading. July 12, 2004 REGULAR COMMISSION MEETING Page 17 A brief discussion of the deposit requirement and interest rates ensued. Mayor Meserve inquired how approval of the ordinance would affect existing customers. Finance Director VanLiere indicated that the city would pay interest due those customers. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Appointments to the Cultural Arts and Recreation Advisory Committee (4) Mayor Meserve stated that he would like to reappoint Ingrid McCawley, Katherine Burgess, Rusty Pritchett and Linda Ginsberg to four-year terms on the Cultural Arts and Recreation Advisory Committee. Motion: Reappoint Ingrid McCawley, Katherine Burgess, Rusty Pritchett and Linda Ginsberg to four-year terms on the Cultural Arts and Recreation Advisory Committee. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Direct city staff to prepare amendments to the city's Tree Ordinance in accordance with earlier discussions, and to present those amendments to the Commission for review and adoption (City Manager) Motion: Direct city staff to prepare amendments to the city's Tree Ordinance in accordance with earlier discussions, and to present those amendments to the Commission for review and adoption. There was no discussion. Moved by Simmons, seconded by Parsons Votes: '"' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED July 12 2004 REGULAR COMMISSION MEETING Page 18 C. Authorize the Finance Director to establish a "Rate Stabilization Fund" from the fund balances of the water and sewer funds in the amounts of $200,000 each (City Manager) Motion: Authorize the Finance Director to establish a "Rate Stabilization Fund" from the fund balances of the water and sewer funds in the amounts of $200,000 each. City Manager Hanson briefly explained the purpose of the rate stabilization fund. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Authorize the City Manager to enter into a contract with Arista Information Systems, Inc. for outsourcing utility bill printing and mailing services including return envelope, and to negotiate terms for newsletter printing, insertion and mailing with utility bills (City Manager) Motion: Authorize the City Manager to enter into a contract with Arista Information Systems, Inc. for outsourcing utility bill printing and mailing services including return envelope, and to negotiate terms for newsletter printing, insertion and mailing with utility bills. ~" Commissioner Parsons inquired if the there would be any savings to the city. Finance Director VanLiere stated that he had analyzed all the costs and concluded that the cost would be about the same. Commissioner !" Beaver requested that the printer not be allowed to sell the city's mailing list. ~" Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve .~ Nay: 0 MOTION CARRIED ~"e' E. Approve changes to the City's employee health insurance coverage: (1) Approve changing to Aetna Insurance effective September 1, 2004 !~" !" July 12 2004 REGULAR COMMISSION MEETING Pace 19 (2) Approve changing the City's health insurance from an HMO/PPO to an HMO/POS (3) Approve changing the City's contribution rate to 100% of the HMO employee-only coverage, and for those employees who choose coverage for additional family members, 55% of the difference in the rate for employee-only and the selected level of coverage Motion: Approve the recommended changes to the city's employee health insurance coverage as follows: Approve changing to Aetna Insurance effective September 1, 2004; approve changing the city's health insurance from an HMO/PPO to an HMO/POS; and approve changing the city's contribution rate to 100% of the HMO employee- only coverage, and for those employees who choose coverage for additional family members 55% of the difference in the rate for employee-only and the selected level of service. There was no discussion. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -.Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED F. Accept the retirement of the City Clerk and provide direction to staff regarding filling the position The Mayor and Commissioners accepted the retirement of long-time City Clerk Maureen King effective September 1, 2004. Mayor Meserve stated he would like to advertise the position. He then appointed Human Resource Director Foster, City Manager Hanson and Commissioner Beaver to rank the applicants to bring a short list to the Commission for interviews. Commissioner Waters requested that City Clerk be included in the process. By consensus the Commissioners agreed with the Mayor's recommendation and Commissioner Waters' request. G. Approve proposed modification to Police trainee position (City Manager) Motion: Approve proposed modification to Police trainee position as recommended by Chief Thompson. (A copy of Chief Thompson's staff report explaining the modification is attached and made part of this official ~ record as Attachment E). e+. City Manager's Report Reports/Requests ~" City Commissioners City Attorney July 12 2004 REGULAR COMMISSION MEETING Page 20 Commissioner Beaver inquired if the modification was the result of a union issue. Chief Thompson responded there was no union issue. Commissioner Waters believed it was important for a trainee to attain at least an Associates degree. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report City Manager Hanson stated that in the past the city hosted a reception in appreciation for the various board and committee members' service during the month of August, and inquired if a reception should be held this year. He indicated that if the Commission wished to host the reception, a tentative date of Thursday, August 26`h' had been chosen. Commissioner Beaver inquired concerning the time, and City Manager Hanson responded 6:30 p.m. There were no objections to holding the reception. Commissioner Parsons indicated that he would be unable to attend. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Simmons • Commented that she did not understand the "political agenda" behind Resolution 04-06 and would like to have had additional information in that regard before voting on the resolution. Commissioner Parsons • Stated that if there were no objections, he would like to attend the Florida Beach and Shore Preservation Conference September 29`h - October 15L. There were no objections. r Commissioner Waters • Requested that discussion of the acreage requirements of a mixed Planned Unit Development be placed on the next agenda. July 12 2004 REGULAR COMMISSION MEETING Paee 21 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 11:45 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk ~•