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Agenda Packet 07-12-04 I I CITY OF ATLANTIC BEACH COMMISSION MEETINGS JULY 12,2004 5:00 PM City Commission Workshop to discuss topics and options related to preservation of community character within Old Atlantic Beach 7:15 PM Regularly scheduled meeting of the City Commission ' Call to order Invocation and pledge to the flag ' I. Approve minutes of the Regular Commission meeting of June 28,2004 2. Courtesy of Floor to Visitors A. Presentation of Superior Achievement Award to Jack Baldwin and Paul Paloti 3. Unfinished Business from Previous Meetings A. _ City Manager's follow-up report B. Present proposed design for aesthetic improvements to the 5-points intersection ' 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ""O BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN ' THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING ' DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly reports from Public Works and Utility ' Departments, Building Department, report of new Occupational Licenses issued in June, and Utility Sales Report for June(City Manager) B. Extend the annual contracts for environmental laboratory services for one additional _-------- year to Advanced Environmental Services, Inc. at a 3% increase and to Columbia Analytical Services at the current contract prices(RFP 0102-7) (City Manager) C. Award the annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at ' the unit prices submitted in Bid No. 0304-19(City Manager) 5. Committee Reports 6. Action on Resolutions A. Resolution No. 04-06 ' A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000 ' 1 I I B. Resolution No. 04-07 ' A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS ' OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES,AND PROVIDING AN EFFECTIVE DATE. t7. Action on Ordinances A. Ordinance No.25-04-37 Introduction and First Reading ' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, ADDING A NEW ' SEC. 8-25, BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 80-04-69 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATER WORKS SYSTEM, SECTION 22-27 DELETING(I) 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 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 t 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 ' 2 I I ' SECTION 22-177 DISPOSITION OF REVENUES FOR SEWER SYSTEM CAPITAL IMPROVEMENTS, DELETING SECTION 22-178 USE OF ACCRUED FUNDS, DELETING SECTION 22-179 CERTIFICATION OF REVENUE ' GENERATION SYSTEM, DELETING 22-180 ANNUAL DEPOSIT TO SEWAGE SYSTEM CAPITAL IMPROVEMENT ACCOUNTS AND TO PROVIDE AN EFFECTIVE DATE. C. Ordinance No. 31-04-03 Introduction and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ' AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE ' DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM ' CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, ' PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN 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 CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE 1 E. Ordinance No. 80-04-68 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II ' WATERWORKS SYSTEM, SECTION 22-27.1 UTILITY DEPOSITS PARAGRAPH (B) DELETING REFERENCE TO THE PAYMENT OF INTEREST ON CUSTOMER DEPOSITS AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business ' A. Appointments to the Cultural Arts and Recreation Advisory Committee (4) B. Direct city staff to prepare amendments to the City's tree ordinance in accordance with earlier discussions, and to present those amendments to the Commission for ' review and adoption(City Manager) C. Authorize the Finance Director to establish a"Rate Stabilization Fund" from the fund balances of the water and sewer funds in the amounts of$200,000 each(City Manager) ' 3 1 1 1 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 1 E. utility bills (City Manager) Approve changes to the City's employee health insurance coverage: (1) Approve changing to Aetna Insurance effective September 1, 2004 1 (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 1 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 1 F. Accept the retirement of the City Clerk and provide direction to staff regarding filling the position G. Approve proposed modification to Police training position(City Manager) 1 9. City Manager 10. Reports and/or requests from City Commissioners and City Attorney Adjournment 1 1 1 If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. 1 Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,July 9,2004. 1 1 1 1 4 I I MINUTES REGULAR CITY COMMISSION MEETING JUNE 28, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Commissioner Paul B. Parsons City Clerk King Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III ABSENT: Mayor Pro Tern Beaver Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters, which included a memorial tribute to former City Attorney Claude Mullis, was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of June 14, 2004 Motion: Approve Minutes of the Regular Meeting of June 14,2004 as presented. Moved by Parsons, seconded by Waters Votes: Aye: 4—Parsons, Simmons, Waters,Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Dorothy Kerber of 365 1" Street spoke in favor of revisions to the City Code that would address clear sight distance at street intersections (Item 8C) and supported some type of parking for the residents who live at street ends (Item 8J). Alan Potter of 374 2nd Street provided information concerning water and sewer rate increases since 1994, and spoke in opposition to the city's practice of transferring funds from the water and sewer fund to the general fund. Mr. Potter believed the Commissioners should have left last year's millage rate as it was, and favored an increase in ad valorem taxes over the proposed utility rate increases (Item 8B). t I ' June 28, 2004 REGULAR COMMISSION MEETING Page 2 J.P. Marchioli of 414 Sherry Drive agreed with Mr. Potter's comments. ' He indicated that he was happy to see the problem at 5th Street and Sherry Drive had been resolved and commented that the improvements looked good. ' Jane Wytzka of 352 2n° Street commented on the following items: (1) Thanked the Public Safety Director for installing the stop sign at East Coast ' Drive and 1st Street and noted that traffic had slowed down considerably since its installation, (2) Believed that the intersection of Ahem Street and East Coast Drive was dangerous and needed stop signs, (3) Believed the ' construction site located in the 300 block of 2"s Street should be more closely monitored by the city since there was sand in the street, trash and a t port-o-let located on city right-of-way at the site, and (4) Stated that mosquitoes had become bothersome, and commended the city's mosquito control contractor for going door-to-door looking for standing water. Stephen Kuti of 1132 Linkside Drive proposed that in order to obtain citywide representation from the Commission, the Mayor assign each ' Commissioner a precinct for one year and rotate between the precincts on an annual basis. He believed this form of representation would provide a better method of communication with constituents and allow each ' Commissioner to become familiar with the needs of the entire community. Eric Gunther of 35 10th Street stated that he lived at the Island Club ' Condominiums (Item 8J). Mr. Gunther summarized the condominium owners' on-going parking problems, and presented an owner supported plan to lease ten of the public parking spaces from the city for$300 per unit,per year. Dennis Rosa and Carolyn Ettlinger, President of the Oceanside Rotary ' Club, presented the city a check for$60,000 from their fundraising efforts for construction of the skate park in Jack Russell Park. (In the fall of 2003, the Rotary Club in celebration of the 100th Anniversary of Rotary, ' undertook the fundraising of$50,000 in exchange for the Rotary Club receiving recognition for the project and assurance the city would assume all liability for the park). Mr. Rosa reported that the Rotary Club had also received $500 in in-kind contributions for the park. On behalf of all of the Commissioners, the Mayor thanked the Oceanside ' Rotary Members for their generosity and support of the project. Carl Edwards of 174 East Coast Drive stated that he hoped the stop sign ' installed on East Coast Drive at 1" Street remained in place and suggested that stop bars be painted on the street to draw attention to the stop sign. 1 I June 28,2004 REGULAR COMMISSION MEETING Page 3 Bob Curry of 65 10th Street, who also lives at the Island Club ' Condominiums, echoed the comments of Mr. Gunther and stated there would be 100% participation of the residents. He indicated that they were working with a printer to make "resident"parking hangers for their car mirrors and had spoken with a towing company relative to towing illegally parked cars. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting 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. ' City Manager Hanson stated that in addition to his comments in the written report regarding the 101h Street Parking issue, he had received verbal communication from an appraiser, placing a$275 per month rental value on ' each parking space. He noted,however, that the proposed oceanfront parking area was not a buildable lot, and the monthly rental value should be discounted to reflect this fact. ' B. Appointments to fill vacancies on two Pension Boards ' Mayor Meserve indicated that he wished to appoint Richard T. Downes to the Police Pension Board and Anne E. Minor to the General Employee Pension Board to fill the unexpired term of Edward Lipscomb who served on both boards. Motion: Approve the appointment of Richard T. Downes to the Police Pension Board and Anne E. Minor to the General Employee Pension Board. ' Moved by Waters, seconded by Parsons Votes: Aye: 4—Parsons, Simmons, Waters, Meserve ' Nay: 0 Item 8J was taken out of sequence and acted on at this time. ' Parking for the 10th J. Discussion and related action in connection with parking for the Street Condominiums condominiums at 10th Street(Commissioner Parsons) Commissioner Parsons stated that he had received a letter from Bob Currie and John Smith, residents of the Island Club Condominiums, requesting that ' the Commission consider leasing to the residents ten parking spaces at the 1 I ' June 28,2004 REGULAR COMMISSION MEETING Page 4 west end of the public parking area adjacent to the condominium property, ' for$300 per space, per year for a period of ten years. He further explained that the residents would provide minor hangers denoting"resident parking" and were willing to also mark the parking spaces. He noted that a towing company had been contacted relative to towing cars illegally parked in the leased spaces. ' Commissioner Parsons stated that he supported the owners' request and pointed out that the lease agreements would provide the city$3,000 per year in revenues, but he was not in favor of the granting a ten-year lease. ' Commissioner Waters suggested the possibility of selling the ten spaces. He believed ten spaces could be developed elsewhere to compensate for the loss of parking spaces at 10th Street. He indicated that he could accept either the lease or sate of the parking spaces. Motion: Approve the lease of ten public parking spaces to condominium owners for $300 per space per year, work out a time ' frame for the lease, including increases for inflation, and bring back a draft lease agreement for Commission review at the next Commission Meeting. ' Mayor Meserve expressed concern that a precedent would be set if the Commissioners chose to lease public property. He also believed other ' issues should be considered before entering into a lease agreement, such as how a change of condominium ownership would be handled and who would be liable if a vehicle was damaged by the towing company. The Mayor ' reminded the Commissioners that in the past, the city was advised that federal funding for the beach renourishment program could be withheld if adequate parking was not provided for ocean access. iCity Attorney Jensen expressed concern regarding establishing a precedent and asked the Commissioners to consider whether the situation in question ' was so unique that it would not establish a precedent for anyone else. He asked them to consider how they could lease the parking spaces to the Island Club Condominiums and not grant the same request for others. He ' believed that if the parking spaces were leased, the Commissioners should only consider a short-term lease in case any unanticipated problems arose, and indicated that successive owners could be bound to the lease agreement. ' Discussion ensued. Commissioner Parsons believed the Island Club Condominiums parking situation was unique. He favored entering into a one-year lease agreement with the property owners at $300 per unit per year, and require 100%participation. 1 I June 28, 2004 REGULAR COMMISSION MEETING Raze 5 Commissioner Waters believed ten spaces could be developed at 16th Street to compensate for the lost spaces at 10th Street and indicated his preference for a permanent solution to the problem. Moved by Simmons, seconded by Parsons Votes: ' Aye: 4—Parsons, Simmons, Waters,Meserve Nay: 0- MOTION CARRIED Consent Agenda 4. Consent Agenda ' A. Reject all bids received under Bid No. 0304-10 for CDBG drainage improvements at George and Dudley Streets, and authorize staff to rebid the project using a revised plan (City Manager) Motion: Approve Consent Agenda Item A as presented. Moved by Waters, seconded by Parsons Votes: ' Aye: 4— Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutions: ' None. Ordinances 7. Action on Ordinances A. Ordinance No. 95-04-88 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12, ' NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Defer final reading of Ordinance No. 95-04-88 to the July 26, 2004 Commission Meetinc. I ' June 28,2004 REGULAR COMMISSION MEETING Pane 6 Commissioner Waters stated he wanted the deferral in order to correct several scrivener's errors he noted in the ordinance. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. Moved by Parsons, seconded by Waters Votes: Aye: 4— Parsons, Simmons, Waters,Meserve ' Nay: 0 MOTION CARRIED B. Ordinance No. 90-04-185 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE ' The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 90-04-185 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance. The Mayor closed the public hearing. Commissioner Simmons referenced an e-mail she received from Maureen Shaughnessy and inquired if Section 24-172(a) of the ordinance would impact the development of Johnston Island. Community Development Director Doerr responded that it would not have ' any impact since the Intent Section was an existing policy in the original Comprehensive Plan and EAR based amendments. Ms. Doerr stated that if a project was developed with a marina or any facility that allowed boats, the ' developer would have to go through state required permitting. Commissioner Waters referenced subsection(c) entitled "Docking and Anchoring Restrictions." He thought the title should be changed to ' "Docking and Live-aboard Restrictions." He also inquired if that limitation would affect the proposed Johnston Island development. Community Development Director Doerr responded that the restrictions would apply to ' marinas. She explained the development of Johnston Island as it was now being proposed, did not include provisions for boats where people could permanently live aboard. 1 I June 28,2004 REGULAR COMMISSION MEETING Pape 7 Mayor Meserve inquired if it was the city's intent to limit live-aboards at a ' properly permitted marina. Discussion ensued. Mayor Meserve suggested that language be included excepting a properly permitted marina from the restriction. ' City Attorney Jensen stated that the Commission should consider that if the development of a marina should occur within the city limits of Atlantic ' Beach, they would have to apply for a waiver from that provision of the ordinance. Ms. Doerr stated that a stipulation providing for a waiver was included. She pointed out that construction of a marina was one of the most restrictive types of development, with many state laws affecting its permitting process. It was the consensus of the Commission to change the ' title of subsection (c) to "Live-aboard Watercraft Restrictions." Moved by Waters, seconded by Simmons Votes: Aye: 4— Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business ' Authorize City A. Authorize the City Manager to sign the Letter of agreement and Manager to Sir Letter Cooperation between the Three Beach Cities on the Florida of Agreement Department of Environmental Protection Total Maximum Daily Load (TMDL) Issue(City Manager) ' Motion: Authorize the City Manager to sign the Letter of Agreement and Cooperation between the Three Beach Cities on the Florida Department of Environmental Protection Total Maximum Daily Load (TMDL) issue. Utility Director Kaluzniak explained that the state had approved the city's ' TMDL, which means the amount of pounds of nutrients the river can handle. She indicated that the research was done based on a complex model performed by the St. Johns River Water Management District (SJRWMD) ' and the Army Corps. of Engineers. She reported that the model looked at the lower St. Johns River as a whole unit and now the SJRWMD was in an implementation process to figure out how everyone discharging into the river will fit in and still meet the TMDL. Ms. Kaluzniak indicated that the issue of discharging nutrients came up in the mid-eighties, and at that time the DEP informed the beach cities that the intracoastal waterway was too sensitive to the amount of nitrogen being discharged and in 1987 the three beach cities spent several million dollars ' and constructed a ten mile combined effluent force main with individual I June 28,2004 REGULAR COMMISSION MEETING Page 8 pumping stations. She felt the cities should have been given credit for ' taking that action to put the effluent at the mouth of the river where there is a large amount of flushing with a minimal impact on the river. ' Ms. Kaluzniak stated that the three cities had met and determined that engineering and legal assistance maybe required to prove that the cities have no impact on the quality of the river water, and to ensure that they are ' not unfairly burdened with a requirement already met by installing the outfall at the mouth of the river. A copy of the Utility Director's Staff Report is attached and made part of this official record as Attachment B. A question and answer session followed. Commissioner Waters inquired if influence of the upstream effluent was considered. Ms. Kaluzniak responded that it was considered. She explained that the river was divided into the upper, middle and lower basins with different TMDL's associated ' with each basin. Commissioner Simmons inquired concerning the city's placement as part of the river's basin and thought the beaches cities could not be discharging much nitrogen into the river. She believed the DEP ' should identify and target the sources of the nitrogen. Ms. Kaluzniak indicated that the DEP decided that everyone should"share the pain" equally, instead of trying to determine the individual sources. ' Commissioner Simmons also inquired if there were any guarantees that spending the city's share of S74,000 for the study would not be a waste of money. Ms. Kaluzniak stated that while there were no guarantees, the three ' cities were hoping that Task 1 in the proposal for services from Allied Technology and Management would prove that the effluent from the beaches cities had little impact on the amount of nitrogen in the river water. Moved by Parsons, seconded by Waters Votes: ' Aye: 4—Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED ' Receive Water/Sewer B. Receive report relative to water and sewer rate restructuring Rate Restructuring and authorize staff to draft an ordinance to adopt revised rates ' Report&Authorize in accordance with the Burton and Associates report and with Staff to Draft an the requirements of the St. Johns River Water Management Ordinance to Adopt Districts (City Manager) ' Revised Rates Mayor Meserve commented that the city was required to meet the requirements of the SJRWMD relative to adopting a water conserving rate ' structure and pointed out that the funds taken from the water/sewer revenues for the general fund came from the surcharge paid by out of city customers. 1 I June 28,2004 REGULAR COMMISSION MEETING Pate 9 City Manager Hanson explained the Burton and Associates report ' concerning the proposed restructuring of the water and sewer rates. He pointed out that there would not be a phase-in of the amended rates as originally proposed and the new rate structure was no longer revenue ' neutral to the city. The new rates would generate about$380,000 in additional revenue, which would allow the city to meet its bond coverage ratio for the next year. Copies of the staff report and the report from Burton ' and Associates are attached and made part of this official record as Attachment C. Commissioner Waters commented that he would like to have the rate increase tied to the backflow prevention requirements. Commissioner Parsons felt the city was being penalized for conserving by now having to raise the rates to make up for the shortfall. It was the consensus of the Commission to authorize staff to draft an ordinance to adopt the revised rates for first reading and public hearing on July 12th . Clear Sight Distance C. Provide direction to staff regarding revisions to the City Code to address clear sight distance at street intersections and for ' sidewalks (City Manager) City Manager Hanson explained that the FDOT standards for sight distance ' were used to determine what could be allowed in a site triangle. Community Development Director Doerr displayed a diagram illustrating ' the site triangle and indicated that measurements would have to be taken to define clear sight distance. City Manager Hanson pointed out that several revisions would have to be made to different sections of the city code to define how clear sight distance can be maintained at street intersections and along property boundaries that adjoin streets. The draft of the proposed fence and wall regulations was discussed. ' -- -- - Commissioner Parsons inquired concerning the wall on the Warnock property at 1" Street and East Coast Drive. Mayor Meserve responded that the City Attorney had advised that it would be problematic if anything was ' done other than leaving the stop signs up where they are. Ms. Doerr pointed out that the current ordinance did not address obstructions and hazards within the site triangle and the proposed ordinance would allow the Public Safety Director to address those hazards. It was the consensus of the Commission that staff draft an ordinance 1 I June 28,2004 REGULAR COMMISSION MEETING Page 10 revising all sections of the City Code relevant to clear sight distance at street intersections and for sidewalks and bring back the ordinance for first reading on July 12`h. It was requested that a complete report explaining each change to the code be included with the ordinance. Authorize Staff to Draft D. Authorize staff to draft an ordinance to amend the City Code to ' an Ordinance to eliminate the payment of interest on customer deposits (City Eliminate Payment of Manager) Interest on Customer t Deposits Motion: Authorize staff to draft an ordinance to amend the City Code to eliminate the payment of interest on customer deposits. ' There was no discussion. Moved by Waters, seconded by Simmons ' Votes: Aye: 4— Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Approve Increase in the E. Approve increase in the existing contract with GAT Consulting ' Existing GM Contract to an amount not to exceed $79,500 in order to provide inspection services through this fiscal year(City Manager) ' Motion: Approve increase in the existing contract with GAI Consulting to an amount not to exceed $79,500 in order to provide inspection services through this fiscal year. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 4—Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED Award a Contract to F. Award a contract to CDM for grant application preparation CDM for Grant services for Hopkins Creek Stormwater Regional Detention Application Preparation Facility in the amount of$11,989.00 (City Manager) Services Motion: Award a contract to CDM for grant application preparation services for Hopkins Creek Stormwater Regional Detention Facility in the amount of$11,989.00. Commissioner Parsons inquired if there had been any flooding in the Aquatic Gardens area during the recent heavy rainstorms. Public Works 1 I June 28,2004 REGULAR COMMISSION MEETING Pape 11 Director Carper responded that there was no major flooding. Commissioner ' Parsons reported flooding between East Coast Drive and Ocean Boulevard at 151h Street. Moved by Waters, seconded by Simmons Votes: Aye: 4— Parsons, Simmons, Waters,Meserve Nay: 0 - MOTION CARRIED tAuthorize the City G. Authorize the City Manager to enter into a contract with Purvis Manager to enter into a Gray & Company for audit services for a four-year period at a ' Contract with Purvis cost totaling $158,000 plus related services costs if needed,per Gray& Company for the Request for Proposals specifications, with an option to renew Audit Services for an additional two years if mutually agreed upon (City ' Manager) Motion: Authorize the City Manager to enter into a contract with ' Purvis Gray & Company for audit services for a four-year period at a cost totaling $158,000 plus related services costs if needed, per the Request for Proposals specifications, with an option to renew for an additional two years if mutually agreed upon. There was no discussion. Commissioner Waters commented that Purvis ' Gray and Company previously provided audit services for the city and he had always been satisfied with their work. ' Moved by Waters, seconded by Parsons Votes: Aye: 4—Parsons, Simmons, Meserve ' Nay: 0- MOTION CARRIED ' Selection of a Voting H. Select a Voting Delegate for the Florida League of Cities Annual Delegate Conference (Commissioners Simmons & Waters attending) (City Manager) Motion: Designate Commissioner Dezmond Waters as the city's voting delegate to the Annual Florida League of Cities Conference. ' There was no discussion. ' Moved by Simmons,seconded by Meserve Votes: Aye: 4— Parsons, Simmons, Waters, Meserve Nay: 1 -Waters ' MOTION CARRIED 1 I ' June 28,2004 REGULAR COMMISSION MEETING Pane 12 ' Appointment to the I. Appointment to the Tree Board to replace Susan Grube Tree Board Motion: Appoint Elizabeth Green to fill the unexpired term of Susan Grube on the Tree Board. Commissioner Parsons inquired if new Board Members received information concerning the duties of the Tree Board. City Clerk King responded that they received a packet of information concerning their powers/duties. Moved by Meserve, seconded by Waters ' Votes: Aye: 4—Parsons, Simmons, Meserve Nay: 0 - ' MOTION CARRIED Parking for the loth J. Discussion and related action in connection with parking for the Street Condominiums condominiums at 10'h Street (Commissioner Parsons) Item 8J was taken out of sequence and acted on after Item 3. Unfinished ' Business from Previous Meetings. 9. City Manager City Manager's Report A. City Manager's Report ' City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment D. Beach Renourishment After hearing the report on Beach Renourishment, it was the consensus of ' the Commissioners that a letter, signed by the Mayor and City Commissioners,be sent to our Senators urging them to support beach renourishment funding. ' Shade Meeting 1 City Manager Hanson reported that a Shade Meeting to discuss collective bargaining issues had been tentatively scheduled for 5:00 p.m. on July 26th. ' Financial Disclosure Reports City Clerk King reminded the Commissioners that their Financial ' Disclosure Reports were due by the end of the month. 1 I June 28,2004 REGULAR COMMISSION MEETING Pane 13 ' Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Simmons :• Inquired concerning the status of beautification project for the five- points area. Public Works Director Carper responded that he would make his report on the project at the next meeting. ' Commissioner Parsons ' • Presented the Mayor with a Historic Preservation Award from the City of Jacksonville Historic Preservation Commission in recognition of the city's support of the Beaches Area Historical Society's project to identify historic buildings and homes at the beaches. ' Commissioner Waters :• Inquired if the hiring of an Attorney was included in the approval of Item 8A. City Manager Hanson confirmed that an attorney was included. ' • Confirmed that Johnston Island was on the next agenda. Mayor Meserve The Mayor, as the beaches liaison to the Super Bowl Committee, commented on the following items: • Expressed concerns relative to security for the event and stated he would be meeting with Jacksonville Mayor Peyton to discuss the ' security plan. •• Expressed concern for who will be paying for transportation to ' events at the beach, such as the Air Show, and stated that he would also discuss the beaches cities' responsibilities with Mayor Peyton. ' :• Stated there was one month remaining to sanction events for the Super Bowl. ' The Mayor indicated he would report back to the Commission after his meeting with Mayor Peyton. I ' June 28,2004 REGULAR COMMISSION MEETING Page 14 ' Adjoumment There being no further discussion, the Mayor declared the meeting adjourned at 9:30 p.m. ' John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk 1 1 1 ' AGENDA ITEM#2A JULY 12,2004 • June 29, 2004 MEMORANDUM TO: Jim Hanson, City Manager FROM: George Foster, Human Resource Manager SUBJECT: Recommendation for Superior Achievement Attached is a recommendation for a Superior Achievement award for Jack Baldwin and Paul Paloti based upon their design, fabrication, and installation of walkway handrails at the City Hall complex which saved an estimated $34,631.60. If recommendation is approved, each employee will receive fifty percent(50%) of the allowed employee award of$1,731.58 or$865.79 each with$1,731.58 being credited to a benefit awards fund to be divided among all City employees on the first payday in December 2004. The City policy also states that employees approved for a Superior Achievement Award ' will be recognized by the City Commissioners. TO: Human Resources FROM: City Manager Q ' 'Supe/rior Achievement award is approved ❑ Superior Achievement award is not approved 0 Comments: I ' - eyZtoy .- ar son, ity Manager Date / H:\aldpcU1yFiles\04-Pay Issues'Superior Achievementdoc AGENDA ITEM#3A JULY 12,2004 July 2, 2004 I MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso Cit SUBJECT: Follow-up eport Lease for 101h Street Parking; Included as an action item on the agenda for the 7/12/04 meeting is a resolution that would authorize execution of leases with the ten townhome owners on 10th Street for lease of parking places for$300.00 per year. City Attorney Alan Jensen recommended that the best way to authorize these leases is through the approval of a resolution. In a related issue, city staff has investigated the possibility of installation of parking places at Mandalay Park at the intersection at 16th Street and Ocean Avenue. At least ten new places can be created on the south end of the park without the loss of any large trees. Public Works Director Rick Carper will be available to make a brief report on this project at the July 12th meeting. Short Term Rentals; Complaints have recently been passed along to the staff by City Commissioners about people leasing their homes close to the beach for short term(weekly) rental. Upon investigation, it was determined that several property owners were probably violating the city's zoning restrictions(and possibly the state law)by leasing their units on a ' short term basis and the owners were notified of the city's rules by mail. Short term, or vacation,rentals are considered a commercial activity. Unless there is an ' expressed provision to allow these in residential zoning districts, they are not a permitted use. There does not appear to have ever been a provision to allow these in residential districts in Atlantic Beach. City regulations currently permit these short-term rentals in the commercial ' general(CG) district and then only with an approval of a Use by Exception. The specific language of the ordinance is an follows: Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court"shall mean a building, or a portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily or weekly lodging. This ' definition shall not include private homes leased for periods exceeding ninety(90) days". Water/Sewer Rates; Two allegations about items funded from the City's Water and Sewer ' funds were made at the last Commission meeting that were incorrect. The first was that the Water and Sewer funds pay $1.7 million per year in bond payments for streets and drains projects. The total bond payment for the 1996 Revenue Bonds this year is budgeted at $1,590,430. The payments are allocated to the funds in the same percentage as the bond proceeds AGENDA ITEM#3A JULY 12,2004 1 were actually used for capital projects. Of the $1.59 million in total bond payments, $330,000 is 1 paid from the Stormwater Fund. A second allegation was about the excessive transfer made from the Water and Sewer Funds to 1 the General Fund and a recommendation that property taxes be increased instead. The yearly amount of the transfer is approximately 25% of the revenues from outside city customers. It was established as a return on investment when the Buccaneer water and sewer system was 1 purchased. Inside city customers are paying water and sewer rates that are essentially equal to the City's cost to provide the service. If the rates were reduced and taxes increased as recommended by some members of the public, some of the burden of paying for City services would be shifted 1 from outside customers to inside customers. Another probable outcome would be that inside city water and sewer rates would be lower than the City's cost to provide them which is opposite both good accounting practices and conservation-based rate making. 1 1 1 1 1 1 i 1 i 1 1 1 1 ' AGENDA ITEM#313 JULY 12,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Present Proposed Design for Esthetic Improvements to the 5 Points Intersection (Plaza Drive, Seminole Road and Sherry Drive) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: July 12, 2004 BACKGROUND: On April 12, 2004 GAI Consultants gave the City Commission a presentation on a proposed Roundabout for the 5 Points Intersection. Because of the estimated cost (—$530,000), Staff was requested to look at other alternatives for enhancing the appearance of the intersection. The proposed draft design includes ' decorative, stamped concrete crosswalks, increased landscape areas, a paving overlay for the intersection center and a potential display site for additional Public Art. The design will also move the existing USPS mailbox from the intersection to the next ' median opening on Plaza Road, and close the existing median opening to vehicular traffic. BUDGET: Funding for this project has been included in the Public Works request for Y: Cent Sales Tax funds for FY 2004/2005, Account Number 131-5002-541-6300. The project is estimated to cost approximately $100,000.00. The annual maintenance cost for the new landscape areas is estimated at approximately $2000 (assumes four bed change outs per year). RECOMMENDATION: No recommendations -for City Commission information and review only. ATTACHMENTS: Plan view of proposed Intersection Improvements REVIEWED BY CITY MANAGER: (27 1 1 a Q a I 4 w I Q K > FJ o r I p -O o C ' w p N a \{ r 0 > I o H (n Z i (n G) i t t* ISE r.(4 D1 \ „, "'INo�E .. - -- tr I RoI ��, g ) i 00 D D310 a DJ- - 3101\111/13S ■ 1 �`_ X11 y g K�-- 0 1 — — y { D 'it II --D-`` Ey I p 1,l L _� I p1 I ; b D 0 I L _ - �� 0 C I -0 r i I N �' �0 1II 0 &,_____--.---- Y I 1 it 1 0 , AGENDA ITEM#4A JULY 12,2004 U 0.; os L15 o ' e ' = a5o � va 4.d� ` s s v c m . eoE Q' o v E e :L 2L a °Un o U P g cs svo c� ullc0m sNa ' mt ; y a $ mry "c E 8i 83 3 _ EE . 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W [ Pi W G E. 8 d o E �i �� W 0.` i , v ti S v .. c a II u Y II u u u z On n at tj" ' y aad O O a-0—'6 a Z F m `0 c m Z v 0 3 v � .0E. o03 uE a 4. I 4 v ' v w o A - y F o v W 0. e mo S° - 40 'O 4 v qo cz fi 4\ '� O 00 O ' F O > pcz, 6 o p " u ° " z o o o a� lll 5 m e „ d \ ii \ W o iY o I z ❑ w o 0 > a 0 o o a o o c .e V m II II A II E II s Ii q r g 22 6 0 M 4I y. ' 0' bO N Oa. 0 [ '1:14) o 6oV U nO U zv. OU O FW C a' a OU 3 a OU° II li _ n m e ., I AGENDA ITEM 44A JULY 12,2004 al A co -.Ric' - a 0 g 0 A u „ m 1 - « w m „' b O .t: N a ` > -0 E 0 ` D o a m E x v o .0 G E y E 0 a S c u 3 3 E o o E - v .E P ., c v` c o e U v a .0 _ Ho - a - o - t t •"' I til 0 0 a o m ^ E `e v o 0 6 L 0 E 'JI 2 �. E a j o v . raa ao = = 9 Nu E >`. ua - $ 4. E _ 0 3 W n 0.0Et , E b n 0 0 5 '� o 2 Y -- «▪ �mm d 000c c ` � 5 =Ngym_ va<3 "- 0 0 - 2 0a03 e • ca O u 0NO - SuvT - C a0. « L ' Cz O „ < -0 LI a . 0 0E - = . 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EU Ca , - II '2 II II �j II II Z a 3 v ci U 2UC Z .^y a c� p II n 45 II II II u IIII % n II ti; II ' % E IX o V U A Q O U U D V u D u U z.. u T a ' 9 U CC N ii �a V m L N F y Z vE 'i N H Ja EW Oy m E «' 0Eu _ � oa ti o n • m vo o - CD4oC-tia „e o a p v� \yh a, e II II 0 e u a' a II a II u � oqo 0 E' yoGa` ooa W II '°� o . a o ° ? T oo .- 11 '7U II 25 II 7GII 3 I r W II Ia • _ a X i4L)6 j QC o ffi o p • o d s s g o v o 3 0 ? o aF oo3a A uma q � 3 o x AU o" o & qn II - - 1 AGENDA ITEM#4A JULY 12,2004 1 I- ggi isi C 2 o c ' j q E I L c c $ mo m F. co- 'm �- c En � m `n .- a '.' c o 0.cm 4 ` > n o E 2 rn T y •d o n E q d 6 p 9 a g O Oi" 29 9 a cm • 4 01 C5t d QC ? vD. a 0 Aa • v o 0 o o O• 9 .' S °° 2 3 ° m 3 0 g u '&-::-,1 .. ^: 4 i E ' 0 0C E O - o 3 a el n e -- c 0 iiy 1. o _`� m H z 0 .. `a " e 0 E o 0 `e D 'v' N 9 0 0 ' cg ow D V 'Eo o B• .2 t' n� >. ° y 'oo va a • ` vE 'aF I `nz ei• o H ry ` 8 U o u m �' c ❑• e d :n • 0. 0 al F' O� v g ,d, 71). 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'zeta $ma 1 0 0 0 0 0 0 0 0 0 0 0 a 0 0 ' AGENDA ITEM#4A JULY 12,2004 t 1 Ia 1 Ho ' mP zP I = 14 4oa a = 111 uS m� a 11 i'fa1 I o°U H m P DI X o g i u i m R:2 a Z 3 m a o i ERRP FR i C y i ' EAR U51 04,5 f C 34a,y 4„ 4 ' V41F FF 4a 2>C 2SL 431Or. 2 'a 'ao p° PER 1 do, ow www no 04 :42 2o4 404 Mo4 mm pO 14 gggg t 4 u .1 0 o a AGENDA ITEM 44A JULY 12,2004 ' 2 Z CO o O ' O NI VJ app A fmO 100 M N r) 4.N I 0 1"i Nf .-I A O M z I W F tft z o 1111111111 Q N e ' /- 0 N F y. 1 CP n C.N W 00000 0 o _ FI re j oe000 0 R 1 ! �' a o N 444; n n co 0Oi W bhNNt? h 10v .—r m 6 W1QIf No'I.e A v N , NQ Z g {9 N r- �O O 0� Q0, > a1 reIJw .4 r 'Ulolalo' QI " 'I ' f ww www w ID w Zi DDS 00000 O iry II ' 1111 J = i NISI 00000 O _ a OJ 1` N O b W W N o� 1Nn Daum m Z ' Z 16 > O $ ar. eeo m -P 01111111111 O �l U N W N DD N 10 0 LL S W 0c«._ a IO j j ' aI0 OI } 11 � - Io a oIr;;°11111111111_ - _ _ _ _ _ _ _ e 111 Ito ±TTIIIUi Ii : i u_ w wiIiiiHiiI O N o k n W win ca, N „ f W Q W 0 N QD m �� O W co O O w a 10 V �1� ill N Of t01 in " W t3 I N Q M el Y 10'1 O N N O 1 ' 1 O H I I Z Y j 1 I O ¢uD m J yy N I I Oit1O O J O C W -j 'O JI F d O 2 J ' J ) O Q 0 O O 1- Q ] U Q 2 K U2 Q U Y 10 a ; N 5 H Li- " ow a w ' - zZ a w zQ3m wWOwfC w W m w N C7 m' m Qx N 30 � "L JIJO � w J -1- U ~ w O4CiJ'Izo2I07ZW 2Z (Zi -- C-9 I W Z IY j W O ti ? 7 0 0 W W H 0 2 Q wi� J J W O m Q § CC -Z w d m00_ UO 1) 0 ¢ 00 w 0 K o l O �:5 win_ 2 a IX In F w 00 I AGENDA ITEM#4A JULY 12,2004 I City of Atlantic Beach, Fl. I Utility Sales Report ., a..,ar 't + A .:x.!d 3,rw_..2'- b'3'",�"r: s :'rvrss`�.>: n, June 2004 June 2003 '-, . 1; ,- Gallons Actual Revenue Gallons Actual Revenue IWater Sales Accounts (000) Revenue Per 1,000 gI Accounts (000) Revenue Per 1,000 gl , ": t Atlantic Beach 5,495 53,868 $103,716 $1.93 5,339 58,070 $109,677 $1.89 Buccaneer 2,726 47,432 $104,734 $2.21 2,581 31,954 $70,218 $2.20 Total Water Sales 8,221 101,300 $208,450 $2.06 7,920 90,024 $179,895 $2.00 Igssspa4,Te*.`. -,-..,5* . uir.^'7 ,.. °ri..,,n.`:¢ `*"*`, . ... . `fit ,,.. ..vrMI . ss '',;"414;'•:1.':. *441= Water Plant Production -"„ *.*;:274.„;,.,4:4,,..,-,...-,.s:m, Gallons Gallons (000) (000) I Atlantic Beach 65,959 61,362 Buccaneer 26,440 34,129 Total Production 92,399 95,491 ITotal Water Billed 101,300 90,024 IWater Loss for month: (8,901) 5,467 Percentage Loss -9.63% 5.73% ITotal 12 mo.Avg. Loss 13.59% 13.35% IGallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000 gI Accounts (000) Revenue Per 1,000 gI ' Atlantic Beach 4,931 38,804 $152,586 3.93 4,806 41,880 $161,826 3.86 Buccaneer 2,616 28,785 $135,065 4.69 2,472 29,873 $133,365 4.46 '- Total Sewer Sales - 7,547 67,589 $287,652 $4.28 7,278 71,753 $295,191 $4.11 Sewer Treatment 3r , , . ,., . . , .I Millions of Gallons 69.52 75.11 Rev. per 1,000 Gallons $4.14 $3.93 1 I ' AGENDA ITEM#413 JULY 12,2004 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contracts for Environmental Laboratory Services RFP No. 0102-7 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: June 30, 2004 ■ BACKGROUND: In July, 2002, the City Commission awarded annual contracts for Environmental Laboratory Services to Advanced Environmental Services, Inc. and Columbia Analytical Services. These were the two top-ranked firms responding to RFP 0102-7. This work requires specialized skill, experience, equipment, and certification through the ' Department of Health. Advanced Environmental Laboratories and Columbia Analytical Services meet these requirements. The fees charged by the two firms have been reasonable and competitive. City staff has spoken to the two companies regarding an extension of their current contract for one year at the current rates and Columbia Analytical has agreed. Advanced Environmental Services, Inc. (whose prices were approximately 32% lower than Columbia Analytical's)has noted that it would be impossible for them to keep their current pricing due to increases in their costs for chemicals and quality control requirements, and has requested a 3% increase in their prices. This would amount to approximately $1,200 additional overall costs, which is still very reasonable. Staff has been pleased with the overall performance of these contractors, and recommends ' renewal of the existing contracts for the final year. BUDGET: These services are used on an as-needed basis, and funding is included in the Water, Sewer and Stormwater Funds in the amount of approximately$51,000 under account numbers 400-5502-533-3400, 410-5508-535-3400 and 470-0000-538-3400. t RECOMMENDATION: 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. ■ ATTACHMENTS: I. Scoring sheet for RFP 0102-7 2. Cost comparison sheet for laboratories 3. Letters of agreement to extend contracts from Advanced Environmental Services, Inc.Inc. and Columbia Analytical Services ' REVIEWED BY CITY MANAGER: �][ i AGENDA ITEM#4C JULY 12,2004 CITY OF ATLANTIC BEACH t CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Contract for Chlorine and Sulfur Dioxide for Water and Wastewater Treatment Plants Bid No. 0304-19 SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: July 1, 2004 BACKGROUND: The Public Utility Department purchases chlorine for disinfection at the water and wastewater plants, and sulfur dioxide for dechlorination at the wastewater treatment plants. Bids were advertised, and a mandatory site visits required for any bidders that had not previously performed them. Bidders were required to submit ' documentation on security, risk and process safety management programs, as well as standard bid forms. Two bids were received on June 30, 2004, as follows: Item Est. Jones Allied No. Chemical Universal Unit Cost Est. Total Unit Price Est. Total ---- Chlorine, Tons 50 $401.50 $20,075.00 $425.00 $21,250.00 Chlorine, 150# 25 $52.00 $1,300.00 $57.50 $1,437.50 Cylinders Sulfur Dioxide, Tons 25 $375.00 $9,375.00 $410.00 $10,250.00 HTH, 100#Containers 20 $120.00 $2,400.00 $110.00 $2,200.00 TOTAL ANNUAL $33,150.00 $35,137.50 EST. The low bidder meeting all requirements was Jones Chemical, Inc. This vendor failed to submit the W9 form and Occupational License with the bid,however that was considered a technicality as the information was faxed to staff. Overall costs are 17% higher than the previous bid prices. BUDGET: Funds for chlorine and sulfur dioxide are included in the Water and Sewer Treatment funds in the amount of$41,000 under account nos.400-5502-533-5200 and 410-5508-535-5200. ' RECOMMENDATION: Award the annual contract for chlorine and sulfur dioxide to Jones Chemical, Inc. at the unit prices submitted in Bid No. 0304-19. ' ATTACHMENTS: 1. Bid tabulation for Bid No. 0304-19 ' AGENDA ITEM#6A JULY 12,2004 ' 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 WHEREAS, Florida's property tax continues to be a strong source of revenue for most local governments; and ' WHEREAS, Florida currently has a homestead exemption in which$25,000 can be deducted from the assessed value of a primary residence, for the purposes of paying property tax; and 1 WHEREAS, in 1992, Florida's voters approved the Save Our Homes amendment, which limits the increase in the assessed value of a primary residence to no more than 3 percent a year or the amount of the consumer price index(CPI), whichever is less; and WHEREAS, in 1998,Florida voters approved an additional constitutional amendment that allows cities and counties to give an additional $25,000 homestead exemption to low income senior citizens; and ' WHEREAS, efforts are currently underway, by a group called Families for Lower Property Taxes, to place an amendment on the November 2004 general election ballot that would increase Florida's current $25,000 homestead exemption to $50,000; and ' WHEREAS, if this amendment is approved, the City of Atlantic Beach would suffer a loss of approximately $285,000 and would be forced to respond to this loss by reducing vital city services to its citizens, or by raising other fees and taxes to continue these vital services. WHEREAS,this amendment would have a greater impact on local governments who are at or near the 10 mil cap for ad valorem taxes and would not be able to raise their property taxes to make up for this loss in revenue; and WHEREAS, this amendment negatively impacts non-homesteaded residential properties and commercial properties that do not receive any homestead exemption, because they would ' face higher property taxes if the millage rate were to increase; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC ' BEACH: Section 1. That the City of Atlantic Beach opposes the Homestead Exemption ' amendment and urges its citizens not to sign petitions supporting its placement on the November ballot. AGENDA ITEM#6A JULY 12,2004 1 Section 2. That the City of Atlantic Beach urges voters to oppose this initiative on the November general election ballot. ' PASSED AND ADOPTED by the City of Atlantic Beach,this Day of 2004 JOHN S. MESERVE Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ' ATTEST: MAUREEN KING, CMC ' City Clerk 1 t 1 1 t AGENDA ITEM#6A JULY 12,2004 SEIMaka1 I I I FLORIDA LEAGUE OF CITIES, INC. tMemorandum 1 TO: Key Officials FROM: John Charles Thomas, Director Legislative and Public Affairs RE: Proposed Constitution Amendment to Increase the Homestead Exemption DATE: July 1, 2004 ' The Executive Committee of the Florida League of Cities recently voted to oppose the effort to raise Florida's homestead exemption from $25,000 to $50,000 because of its impact on city revenues. ' Attached is a draft resolution for your city's consideration, should you wish to adopt a resolution. ' For additional information, please feel free to contact me at the League or visit www.truthabouthomestead.corn ' Attachment 1 1 1 t 301 South Bronough Street ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 elephone (850) 222-9684 ♦ Suncom 278-5331 • Fax (850) 222-3806 ♦ Website:www.flcities.com ' AGENDA ITEM#6B JULY 12,2004 ' RESOLUTION NO 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ' APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN ' EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach has determined that owners of the condominium units 1 located at Island Club Condominiums,which is on 101h Street located east of Beach Avenue,are totally dependent upon public parking spaces on 10ih Street for their residential parking needs, and ' WHEREAS, the City of Atlantic Beach has reached an agreement with Island Club Condominiums to lease certain of the public parking spaces on 101h Street immediately adjacent to the condominiums for use by the owners of the condominiums for their residential parking needs,and ' WHEREAS, no bonds are being issued and no public funds are being expended in connection ' with the lease of said parking spaces to the condominium owners, and WHEREAS, the parking spaces being leased are on property owned by the City and said property is not currently needed for any municipal purposes. NOW THEREFORE, BE IT RESOLVED: SECTION 1 The City of Atlantic Beach does hereby agree to lease certain public parking spaces on 10ih Street east of Beach Avenue to the owners of the condominium units at Island Club ' Condominiums, in accordance with the terms and conditions as set forth in the Lease of Parking Space Agreement, a copy of which is attached hereto. The City of Atlantic Beach hereby approves said Lease of Parking Space Agreement. ' SECTION 2 The City Manager is hereby authorized to sign on behalf of City of Atlantic Beach the Lease of Parking Space Agreements for the respective owners of the Island Club Condominium unit owners. SFCTION i This resolution shall become effective immediately upon it final passage and adoption by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this ' day of July,2004. ATTEST: Maureen King, City Clerk John S. Meserve Mayor,Presiding Officer ' Approved as to form and concetness: ALAN C. JENSEN,ESQUIRE ' City Attorney ' AGENDA ITEM#6B JULY 12,2004 LEASE OF PARKING SPACE Lease agreement entered into this day of July, 2004, by and between the City of Atlantic Beach, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida, 32233 ("City"), and , owner of Island Club ' Condominium Unit# 10th Street, Atlantic Beach, Florida, 32233 ("Tenant"). WHEREAS, City is the owner of all public rights of way in Atlantic Beach including that portion of 10th Street located east of Beach Avenue, and ' WHEREAS, Tenant is the owner of Unit # at Island Club Condominium, 10th Street, Atlantic Beach, Florida, 32233, which is located on that portion of 10th Street that is east of Beach Avenue, and WHEREAS, Island Club Condominium was previously an apartment building which was converted to condominiums in 1979 with approval and consent of City, and at ' the time with limited parking on site, thereby making owners/residents of the condominium units totally dependent upon public parking spaces on 10th Street for their residential parking needs, and WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding communities since 1979, including the dramatic increase in population, traffic, and popularity of accessing the oceanfront beach, it has become more and more difficult for Tenant to find a parking space available for use at his or her condominium unit, including those public spaces immediately adjacent to the condominium, because of use of said spaces by the public who are not residents of the condominium, and ' WHEREAS, the location of Island Club Condominium and its lack of on site private parking for residential purpose is unique in Atlantic Beach, was created, in part, with the City's consent and approval, and creates a situation for residents and property owners in Atlantic Beach to have no parking, at times, at their own residence, and WHEREAS,the City Commission has determined it to be in the best interests of the City and all of its residents, in the continuing efforts to maintain the residential character of the City, that certain public parking spaces on 10th Street east of Beach Avenue be leased to private property owners of units at Island Club Condominium to ' provide them with private parking for their residences, and WHEREAS, the City is in the process of identifying additional public parking spaces for beach access that will replace of the spaces on 10`h Street east of Beach Avenue which will be leased to private property owners at Island Club Condominium. 1 AGENDA ITEM#6B JULY 12,2004 ' NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, including payments to be made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by all parties, it is AGREED AS FOLLOWS: ' 1. City hereby leases to Tenant the use of parking space # , as shown on Exhibit A attached hereto, for an initial term of one (1) year beginning August 1, 2004, ' and ending July 31, 2005, on the following terms and conditions: (a) Tenant shall pay rent in the amount of $300.00 per year, plus any ' applicable taxes, which amount shall be paid in full to the City on or before August 31, 2004. (b) If Tenant fails to timely pay the rent required hereunder, the right to lease space# shall be cancelled, terminated, and forever extinguished ' (c) The Tenant shall provide and erect all necessary signage to indicate the reserved parking spaces, including the numbering of said spaces. I (d) Tenant shall park only passenger vehicles in the leased space, ' including cars, trucks, SUVs, motorcycles, and the like, and shall NOT park in said spaces any RVs, campers, trailers, boats, commercial vehicles, and the like. The leased space shall be used by Tenant only in ' connection with his or her residence at Island Club Condominium. 2. Tenant shall indemnify and hold the City harmless from any and all claims and ' demands which may arise from Tenant's lease of parking # hereunder, including any claims and demands for damages to third parties and/or their vehicles resulting from Tenant having a vehicle towed or removed from his or her leased parking space. ' 3. Tenant shall not assign or sublet the parking space leased hereunder in any form or fashion, shall not mortgage or encumber said space in whole or in part, and shall not suffer or permit the leased space or any part thereof to be used by others. ' 4. City has the absolute right to terminate this lease at any time upon giving thirty (30) days written notice to Tenant at Tenant's address set forth above. In the event a termination occurs during any twelve (12) month lease period for which Tenant has paid ' in full, City shall reimburse Tenant on a pro rata basis for the unused period of said lease. 5. The covenants and agreements herein contained shall, subject to the terms of this lease, bind and insure to the benefit of City and Tenant, their successors and assigns, except as otherwise may be provided herein. 1 2 ' AGENDA ITEM 46B JULY 12,2004 I 6. Tenant shall abide by such rules as may be established from time to time by the City covering the use of said parking space. t 7. Aafter the expiration of the initial one (1) year term specified in paragraph 1 above this lease will be automatically renewable on a yearly basis. City shall have the right to increase the annual rent by not more than the average increase in property values in Atlantic Beach as determined by the tax digest. . 8. This lease contains the entire agreement between the parties and shall not be modified in any manner except by an instrument, in writing, executed by both parties and their respective successors in interest. ' 9. This lease shall be construed in accordance with the laws of the State of Florida and the City of Atlantic Beach. 1 ' IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. ■ CITY OF ATLANTIC BEACH, FLORIDA By: Witness print name: James R. Hanson, City Manager ' Attest: Witness print name: Maureen King, City Clerk TENANT: I Witness print name: 1 Witness print name: 3 ' AGENDA ITEM#7A JULY 12,2004 1 ORDINANCE NO. 25-04-37 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, ADDING A NEW SEC. 8-25, BOATHOUSES AND DOCKS, AND PROVIDING AN EFFECTIVE DATE ' NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF ATLANTIC BEACH,FLORIDA, AS FOLLOWS: SECTION 1. Chapter 8, of the Code of Ordinances of the City of Atlantic Beach City is hereby amended to add a new Sec. 8-25 which shall read as follows: ' Sec. 8-25 Boathouses and Docks (a) Purpose and intent. It is the intent of this section to insure that on intracoastal, lake front, marsh front, canal front, and stream front lots no boating hazards will be created, water pollution from storm water runoff and other sources will be minimized, views of water ' from adjoining properties will not be unduly impaired, and the appearance of the shore when viewed from the water will be kept as natural as reasonably possible. Atlantic Beach's intracoastal lakes, canals and streams are among the City's greatest assets, and it is in the public interest to require that their aesthetic appeal and water quality be maintained and enhanced when possible. ' (b) Site Plan.A building permit shall not be issued for any new structure, addition to any existing structure, fence or wall or significant change of an existing property on an intracoastal, lake front,marsh front, canal front, or stream front lot until a satisfactory site plan therefore is reviewed and approved. The requirements of this section are minimum requirements, and the planning and zoning department may impose more restrictive requirements and conditions on the height, bulk, location and any other aspect of the t proposed development where necessary in order to accomplish the purpose and intent of the section. ' (c) Docks and Boathouses. The following minimum or maximum standards shall apply to all construction or renovation of docks and boathouses: (1) Before a building permit is issued, the plans for docks and boathouses shall be approved by the building and planning department. (2) The total area of docks and boathouses built at the waters edge over land and ' water shall not exceed six hundred (600) square feet. (3) All new docks and boathouses shall be constructed ten(10) feet from a side lot line. This side setback can be reduced to five (5) feet if written approval is ' presented from the adjacent property owners. (4) All new docks and boathouses shall not extend over thirty(30) feet into the water from the elevations specified in Section 31-22 (4) (e). Ordnance No.25-04-37 Page I of4 1 AGENDA ITEM#7A JULY 12,2004 (5) The highest point of a boathouse or gazebo roof or any railing shall not exceed nine (9) feet, and the roofs must be pitched so as to eliminate flat roofs and use of such areas as sundecks. The height shall be measured from the surface of the dock or floor to the highest point of the roof or railing. In addition, the surface of any dock, sundeck, or floor of any boathouse, gazebo, etc. shall not be more than two (2) feet above the elevations specified in Section(4)(e). (6) In order that all docks or boathouses be utilized only for boating or other recreational activities and not as living space, there shall be no bathrooms or cooking facilities permitted in them, nor as an improvement to the existing boathouse. There also shall not be any enclosed rooms over water except for storage rooms limited in size to a maximum of 80 square feet. (7) Only one (1) boathouse shall be permitted for each waterfront property owner. In the case of common ownership of lakefront property such as in a condominium ' arrangement or property owned by a subdivision, there shall only be one (1) boathouse permitted. (8) The sale or lease of a portion of lakefront after January 1,2004, shall be construed ' as a subdivision and shall not enable the owners to make application for a dock and boathouse unless that subdivision has received the approval of the city commission. (d) Other structures on intracoastal, lake front, marsh front, canal front or stream front lots. The following standards shall apply to all construction on lake front, marsh front, canal front or stream front lots: (1) Intracoastal, lake front, marsh front, canal front and stream front lots shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into the water. With the exception of boathouses, docks or other over-water construction, stormwater runoff from 1 structures and other impervious surfaces shall be directed into on-site retention swales and percolation of the first one inch of runoff. Properties being developed or redeveloped shall eliminate any direct piped discharges of stormwater into the t water, so that this runoff is directed to the on-site retention and percolation areas. The city staff may require, as conditions necessitate, the submission of soil and water table information, topographic detail, drainage calculations and professionally designed plans so as to insure these requirements are met. All stormwater retention compliance shall prioritize the preservation of existing trees and the impacts of fill or excavation on tree root systems shall be minimized. t (2) No intracoastal, lake front, marsh front, canal front or stream front lot owner shall grade the lot in such a way as to interfere with the natural drainage of adjoining lots or in a way that diverts drainage from their lot onto adjoining lots. The city staff may require, as conditions necessitate, the construction of physical features, grading, swaling and piping of roof gutters so as to insure that runoff on a lot does not negatively impact adjoining lots. Ordinance No.25-04-37 Page 2 of 4 ' AGENDA ITEM#7A JULY 12,2004 ' (3) Structures on intracoastal, lake front, marsh front, canal front, or stream front lots shall, to the extent reasonably possible, be designed and located to minimize their obstruction or degradation of traditional views to and through the property to the ' water. Structures in this context shall also include fences and walls. The City, may as conditions necessitate, reduce the height of structures, alter their location, size and design so as to accomplish this objective. ' (4) Structures on intracoastal, lake front, marsh front, canal front or stream front lots shall be developed and landscaped so that when viewed from the water, those structures are as unobtrusive as is reasonably possible. When a lot is being redeveloped, or a lot's structure is being extended or altered, this may require the planting of new trees and other landscaping in order to achieve this objective. ' (5) Structures on lakefront lots other than boathouses, docks or other overwater construction shall be setback at least fifty (50) feet from the normal high water elevation. For convenience, the normal high water elevations of the city's ' principal lakes are listed below. Structures in this context shall also include swimming pools, cabanas, screen enclosures, tennis courts and other accessory buildings. ' (6) Fences on intracoastal, lake front, marsh front, canal front, or stream front lots shall not be permitted to extend into the water beyond the normal high water elevation or into a canal beyond the bulkhead. Fences and walls shall not be permitted which run parallel to or across the lake, marsh, canal or stream within the fifty (50) foot setback. Fences and walls include any terrace wall or other ' structure higher than three (3) feet above grade. Fences running down the sides of properties within the fifty (50) foot setback or across the waterfront within the building setback shall be open fences such as wrought iron, chain link, etc. twhich allow visibility across property lines. (e) Retaining walls. The construction of retaining walls or seawalls shall be done in accordance with this chapter and Chapter 6 of Code of Ordinances for the City of Atlantic Beach. (f) Boathouse Lots. Boathouse lots which exist along the water front were accepted by the city under the premise that these lots would serve as lake access for the residents of that subdivision. As such, the purpose and intention of these boathouse lots is to serve as accessory lots to the main residential properties within that subdivision. In accordance with the policies contained within Chapter, Comprehensive Plan,the following regulations shall apply: (I) The buildability and use of all boathouse lots,which are determined to be accessory lots shall be restricted to the owners of real property within the subdivision in which these accessory boathouse lots were platted. Ordinance Ma.25-04-31 Page3 of4 i AGENDA ITEM#7A JULY 12,2004 (2) Boathouse lots which are held January 1, 2004 by property owners residing outside of the subdivision for which they are platted shall be nonconforming boathouse lots which may still be used for constructing a boathouse and for water access. However, any boathouse lots owned by real property owners on January 1, 2004 in the subdivision for which they were platted, shall only be buildable and used to serve the lake access need or residents of that subdivision. (3) Minimum lot widths shall be 50 feet. (4) Canal boathouses shall be constructed a minimum of five (5) feet from side lot line. There shall be no front setback. (5) The highest point of a boathouse shall be no more than ten feet above the normal high water elevation of the closet lake or water way detailed in Section (4)(c). (6) Canal boathouses shall not exceed four hundred(400) square feet in size for all areas of boathouses, stairs, and decking. ' (7) Canal boathouses shall be located so as not to interfere with navigation and to result in the minimum of loss of existing large oak, pine or cypress trees. Electric service shall be provided via underground wiring. Landscape buffering shall be ' required to substantially cover fifty percent (50%) of the structure. Off-street parking areas shall remain without asphalt, concrete, brick, gravel, grass paver or other improved surface. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. ' PASSED by the City Commission on first reading this day of , 2004 PASSED by the City Commission on second and final reading this day of 2004. 1 JOHN S. MESERVE Attest: Mayor/Presiding Officer MAUREEN KING Certified Municipal Clerk Approved as to form and correctness: I ALAN C. JENSEN, ESQUIRE City Attorney t Ordinance No.25-04-37 Page4 of4 ' AGENDA ITEM#7B JULY 12,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING ' STAFF REPORT ' AGENDA ITEM: Restructuring of Water and Sewer Rates SUBMITTED BY: Jim Hanson,city Maria DATE: July 2, 2004 ' BACKGROUND: Attached for your consideration is an ordinance that restructures the city's water and sewer rates as outlined in the staff report presented in the June 28, 2004 meeting and as described by the city's rate consultants in previous meetings. The main reason for the restructuring is to create a water conservation rate that complies with requirements from the St. Johns ' River Water Management District to provide a strong financial signal to large residential users for conservation. This rate revision also accomplishes several other goals set fourth at the beginning of this process ' including the elimination of the sewer capital generation charge, a change the base rate structure so that it is more in line with water and sewer rates used by other utilities and to amend the commercial water base charges to reflect meter size similar to the way Atlantic Beach has charged for commercial sewer base rates in the past and more in line with other water and sewer companies. This restructured rate will also increase the city's revenues by an estimated $392,000 per year. The changes to the commercial water base charges are phased in over a ' four-year period. The Commission expressed a desire to phase in the commercial rates when the proposed rates were discussed several months ago during a workshop. The total additional revenue estimated from this change in charges is just under $12,000 next year and will grow to a total of$47,666 per year at the end of the four-year phase in period. The biggest impact of this rate restructuring will be felt by the largest residential water users, which make up a very small percentage of the city's total customers. They may experience substantial increases in cost, particularly those that use over 20,000 gallons per month. A great majority of the city's water customers use between 3,000 and 7,000 gallons per month. For these customers,this rate restructuring will result in an increase in their bills ranging between 0 and 5%. Some of the smallest customers will actually see a decrease in their monthly charges ' because of the way the base charge is handled and the elimination of the capital generation charge. BUDGET: Adopting the restructured water and sewer rates as proposed will result in an estimated increase in city revenues of$392,000 per year. ' AGENDA ITEM#7B JULY 12,2004 ' RECOMMENDATION: That the City Commission receive input from the public on the proposed rate restructuring during the two commission meetings in July and adopt a ' revised rate structure that satisfies the requirements of the Water Management District as well as the other goals set forth at the start of this rate restructuring project as outlined earlier in this report. 1 1 I I 1 AGENDA ITEM#7B JULY 12,2004 I ORDINANCE 80=04-69 ' AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE H, 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)(6) ESTABLISHING RATES AND BLOCKS ' FOR THE COMMERCIAL UNITS AND CREATING SECTION 22- 27(2)(c) ESTABLISHING RATES AND BLOCKS FOR THE SINGLE UNIT IRREGATION ACCOUNTS AND CREATING SECTION 27(2)(d) ESTABLISHING RATES AND BLOCKS FOR THE MULTIPLE UNIT AND COMMERCIAL ACCOUNTS, ADDING SECTION 22-27(3) CUSTOMERS OUTSIDE THE CITY. AMENDING ARTICLE HI, WASTE WATER SYSTEM, DIVISION 7, SEWER RATES AND CHARGES, SECTION 22-166 MONTHLY BASE CHARGE TO RENAME 1HE 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. ' AGENDA ITEM#713 JULY 12,2004 I WHEREAS, Due to declining sales and increased costs of providing services, it is necessary for the City to generate additional revenues to fund operations and improvements of the water and sewer utility, and WHEREAS, the City has determined that additional revenues are also necessary to meet the City's continued bond coverage requirements, and ' WHEREAS, the City has been directedby the St. Johns Water Management District to adopt a water conserving rate structure as a condition of the renewal of the City's consumptive use permit, and ' WHEREAS, the conservation rates are to be applied to residential customers only. Commercial and multiple unit residential accounts have less control over discretionary water use, and WHEREAS, the City is also adopting water conserving rates for irrigation ' accounts, and WHEREAS, the current water rate structure has no provision for charging different base amounts for meters of different sizes. The City is phasing in base charges for commercial water customers that vary according to meter size, and WHEREAS, the City has met the grant funding requirements of the Federal Environmental Protection Agency and is therefore deleting all reference to the previously charged State Revenue Generation Charge. The City is instead going to generate that same revenue by increasing the sewer base charge amount for all customers inside and outside the City. 1 NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, ' FLORIDA, that; Section 1. Chapter 22 of the City Code of Ordinances be amended as ' follows: Sec.22-27. Charges for water service. The reasonable rates,rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: ' AGENDA ITEM#7B JULY 12,2004 .. . ... .. 111 .. : ..-.:• .. - : ._ _...1 :. b. Multiple units. For multiple units zerved through the same meter, (75)percent of the single unit rate for each unit, regardless of ' oceupaney: (2,250) gallons per unit. f1) Monthly Water Base Facility Charges for customers inside the City: A monthly water base facility charge will be levied upon each connection in ' accordance with the following: Residential ' Single-family residential and single-family $6.35 per account individual-metered mobile homes Multifamily residential $4.77 per unit Master-metered mobile homes 14.11m, site Travel trailers $4.77 per site Hotel/motelper room Hotel/motel with kitchen4.77 er room Commercial Master-metered commercial $6.35 per unit Restaurants, laundries, and car wash Based on meter size phase in table connections below All other commercial customers Based on meter size phase in table below Irrigation ' All Residential $6.35 per account All Commercial Based on meter size phase in table below Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: 1 I AGENDA ITEM 47B JULY 12,2004 I Meter size (in Effective Effective Effective Effective I inches} 5/8 or''/. Immediately October 1,2005 October I,2006 October I,2007 $6.35 $6.35 $6.35 $6.35 1 $6.75 $7.14 $7.54 $7.94 I 11 1/4 $8.73 $11.11 $13.49 $15.88 2 $11.11 $15.88 $20.64 $25.40 3 $17.46 $28.58 $39.69 $50.80 I 4 $24.61 $42.86 $61.12 $79.38 6 $44.45 $82.55 $120.65 $158.75 8 $68.26 $130.18 $192.09 $254.00 f2) Schedule of Water Volume Charges for customers inside the City I fa.) Single Units. There are hereby-established inclining block volume charges for ISingle-family residential and single-family individual-metered mobile homes,per account as follows: IBlock Upper Limit Rate per Thousand (Gallons per Month} Gallons ' 1 3 000 $0.21 2 8 000 $1.74 3 13 000 $2.04 I 4 18 000 $3.06 5 Over 18,000 $4.60 I (b.) Multiple Units. There are hereby-established an inclining block volume charge for all multi-unit residential and multi-unit commercial accounts as Ifollows: Block Upper Limit Rate per Thousand ' (Gallons per Month} 2 000 Gallons 1 $0.21 2 Over 2.000 $1.74 Ifc.) Single Unit Irrigation. There are hereby-established an inclining block irrigation volume Icharge for all Single-family residential and single-family individual-metered mobile homes,:per account as follows: IBlock Upper Limit Rate per Thousand (.Gallops per Month} Gallons ' 1 13 000 $2.04 2 18 000 $3.06 3 Over 18,000 $4.60 ' (d.) Multiple unit and Commercial Irrigation. t AGENDA ITEM#7B JULY 12,2004 There are hereby-established an inclining block volume charge for ' all multi-unit residential irrigation accounts and all commercial irrigation accounts as follows: Block Upper Limit Rate per Thousand (Gallons per Month) Gallons 1 3 000 $0.21 2 Over 3,000 $1.74 (3) Customers Outside the City. The rates applicable to customers outside of the city shall be one and one- Quarter(1.25)times the rates above for both monthly water base facility charges and water volume charges. 1 Section 2. Chapter 22, Article ID, Wastewater System. Division 7 be amended as follows: ' Sec. 22-166. Monthly Wastewater Bhase Facility Ceharges . Wastewater Base Facility charges will be levied monthly as follows: (a) Monthly wastewater base facility charge for customers inside the City. A monthly base charge : - - - . .... - _ .. ' per-equivalent-residential-auk will be levied upon each connection in accordance with the following: An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three hundred (300) gallons per day(gpd) of typically domestic wastewater flow to the waste stream, or equivalent to a residence serviced by a three-fourths ( 3/4)inch water meter. Residential Single-family residential and single-family $12.25 $13.29 per account individual-metered mobile homes,per account Multifamily residential, per unit 0.75 S-1-2;25 $9.97 per unit ' Master-metered mobile homes 0.75 - $12.25$9.97 per unit-site Travel trailers 07661—x-$12.25 $7.98 per site Hotel/motel 0:50-x$12.25 $6.65 per unit-room Hotel/motel Wwith kitchen 0:60-x$12.25 $7.98 per unit-room Commercial ' Master-metered commercial $12.25$13.29 per unit Restaurants, laundries, and car wash $12.25$13.29 x ERU factor connections All other commercial customers $12.25$13.29 x ERU factor AGENDA ITEM#713 JULY 12,2004 The ERU factor for the commercialclassification is based upon meter size ' as follows: Meter size (in inches) ERU factor 5/8 or 3/4 $1.00 1 1.28 1 %, 2.08 ' 2 2.88 3 5.60 4 10.00 6 20.00 ' (b.) Customers Outside the City. The rates applicable to customers outside of the city shall be one and one- quarter(1.25)times the rates above. ' MU-Faetor Travel-trailer-ssite ..... may.._=...� EIeteUaietel • • . Wit§-khen v_....._..._....-_vim:a, C- 14421_- ERU Fa 20ffieStIon2 in-(a) above 1 Sec. 22-167. Schedule of wastewater volume charges. ' • Y. .. . .. _ . . ,.. ....... 1 ' AGENDA ITEM#7B JULY 12,2004 1 (2) Restaurants, laundries and all other classificatieasrtbree-de}kzrs gailens-per—menth (al There are hereby-established block volume charges for customers inside the City as follows: ' f 1) Single-family residential and single-family individual-metered mobile homes, per account as follows: ' Block Upper Limit Rate per Thousand ' I (Gallons per Month) Gallons 1 3 000 $0.45 2 13 000 $3.69 ' 3 Over 13,000 $0.00 (2) Multi-unit residential and all commercial units as follows: Block Upper Limit Rate per Thousand (Gallons per Month, per Gallons ' Unit) 1 3.000 $0.45 2 Over 3,000 $3.69 ' (b) Customers Outside the City. The rates applicable to customers outside of the city shall be one and one- quarter(1.25)times the rates above. and AGENDA ITEM#7B JULY 12,2004 1 agency, or are necessitated as the result ofaeaafeade-er-natural disaster G - 831,785 DL---20-years 1-7.8% D-Required yearly deposit D-G Y i(1-i)DL (1-i)DL 1 D- 831,785 .078(1.078)20 ' (1 .078)20 1 D- 831,785 .078(4.1913326) 1.4913326 I ' D - 831,785 .3503239 3.1913326 D- 834,785 " .10034 • DL by D where DL and D are as described ab-ye. 1 1 AGENDA ITEM#7B JULY 12,2004 1 1 uch withdrawn funds represent previously collected revenues (and income regnments-ef-the-state7 the regular user charges provided herein. 1 Section 3. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of July, 2004. 1 Passed by the City Commission on second and final reading this day of July, 2004. John S. Meserve Mayor/Presiding Officer 1 Aonroved as to form and correctness: 1 Alan C. Jensen, Esquire City Attorney ATTEST: 1 1 Maureen King, CMC City Clerk AGENDA ITEM#7C&D JULY 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEMS: Rescheduled public hearings to consider two companion applications as described below. (Copies of the applications have been previously provided to the ' Commission.) The request for an amendment to the Future Land Use Map of the Comprehensive Plan must be considered first. The proposed project is known as Johnston Island. 1. Public hearing and first reading to consider Ordinance Number 31-04-03, pursuant to ' an application (File Number SSA-2004-01) for a change in land use designation as established on the 2005 Future Land Use Map seeking a change in designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from ' Conservation to General Commercial. 2. Public hearing and first reading to consider Ordinance Number 52-04-02, an ' ordinance seeking to rezone lands from Conservation to Planned Unit Development. The rezoning request, File Number REZ-2004-0I and known as the Johnston Island PUD, seeks to rezone approximately 7.5 acres to Planned Unit Development (PUD). The ' proposed plan of development contains an estimated 30-36 condominium units and a private yacht club, restaurant, and bed-and-breakfast. Parking, associated amenities, accessory uses, open space and submerged lands also occupy a portion of the site. ' SUBMITTED BY: Sonya Doer, AICP al) Community Development Director ' DATE: June 30, 2004 ' BACKGROUND: This project, formally known as the Atlantic Beach Yacht Club, was considered by the Community Development Board at the February 24, 2004 meeting, and was previously scheduled for the March 08, 2004 and April 26, 2004 City Commission meetings. ' At the request of the Applicant, the items were defered and re-advertised for the July 12, 2004 meeting of the Commission. There have been no substantive changes to the proposed project, which is summarized as follows. ' • A multi-use PUD containing approximately 7.5 acres (about 4 acres of upland and 3.5 acres of submerged lands.) ' • An amendment to the Future Land Use Map to re-designate 3.6-acres to Residential, Medium Density, and 0.5 acres to General Commercial. ' • A 3.6-acre residential component proposed to contain up to 36 condominium units. ' • A 0.5-acre commercial component proposed to contain a private yacht club and restaurant, a bed-and-breakfast and typical accessory uses. ' July 12,2004 regular meeting ' AGENDA ITEM#7C&D JULY 12,2004 • Proposed height of structures: within 250-feet of the bridge, no structure will exceed ' the height of the bridge. Otherwise, residential structures are proposed to be a maximum of 88-feet, and non-residential structures are proposed to be a maximum of 58-feet. BUDGET: No budget issues. RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE SMALL SCALE AMENDMENT: The Community Development Board, at their February 24, 2004 regular meeting, approved a motion to recommend denial to the City Commission of a Small Scale Amendment for this project (then known as the Atlantic Beach Yacht Club) to amend the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium ' Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE REQUEST FOR REZONING: The Community Development Board also approved a ' motion to recommend denial to the City Commission of the related PUD application to rezone from Conservation (CON) to Planned Unit Development (PUD) lands as described within application File Number REZ-2004-01, finding: ' 1. The requested rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. t2. The requested rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 3. The requested rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. ' 4. The specific uses and special conditions as set forth with in the rezoning application are not consistent and compatible with surrounding development. STAFF COMMENTS AND RECOMMENDATIONS ' The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation, these designations have been assigned much ' by virtue of this 7.5-acre parcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas, but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct environmental features. It is Staffs opinion that the site is suitable for appropriate 2 July 12,2004 regular meeting ' AGENDA ITEM 47C&D JULY 12,2004 development subject to all applicable local and State and Federal permitting requirements. In the case that the SSA and the PUD are approved by the City, no local Development Permits shall be issued until all other required permits have been issued by other agencies. The following suggested motions for the two applications—for both approval and denial— are provided to assist the Commission. Action on the proposed Small Scale Amendment must be made prior to a recommendation related to the rezoning. 1 Suggested Motion to Approve the Small Scale Amendment The City Commission may consider a motion to enact Ordinance Number 31-04-03, said Ordinance approving a Small Scale Amendment, for a project known as Johnston Island, ' and amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. ' 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-5, Florida Administrative Code. 3. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. ' Suggested Motion to Deny the Small Scale Amendment The City Commission may consider a motion to deny a request for a Small Scale Amendment, for a project known as Johnston Island, seeking to amend the 2005 Future ' Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. ' 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. ' 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. In the case that the Commission acts to approve the Small Scale Amendment, the applicant is ' entitled to a change in zoning designation that is consistent with the Comprehensive Plan Map amendment. In such case, Staff recommends approval of the proposed PUD subject to the following conditions: 3 July 12,2004 regular meeting ' AGENDA ITEM#7C&D JULY 12,2004 • The number of Dwelling Units shall not exceed thirty-six (36); • The height of residential and non-residential structures shall not exceed a maximum Height of Building of thirty-five (35) feet. Alternatively, and in the case that the Commission acts to approve additional height, Staff recommends the following condition: the height of residential and non-residential structures shall not exceed ' the maximum height of the northern westbound span of the bridge, and all structures shall be treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. ' • Non-residential Uses, shall be limited to those as set forth within Section 3 of the application, which is attached to and made part of Ordinance Number 52-04-02. Any modification to the Permitted Uses within this PUD shall be approved only upon action of the City Commission in Accordance with Section 24-136 of the Land Development Regulations. ' Suggested Motion to Approve the Rezoning to PUD ' The City Commission may consider a motion to enact Ordinance Number 52-04-02, said Ordinance creating the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ-2004-01, adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, subject to the above cited conditions, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map ' designation of those lands as described within application File Number SSA-2004-0l from Conservation to Residential, Medium Density and from Conservation to Commercial. ' 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4 July I2,2004 regular meeting ' AGENDA ITEM#7C &D JULY 12,2004 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development. Suggested Motion to Deny the Rezoning to PUD ' The City Commission may consider a motion to deny a request to enact Ordinance Number 52-04-02, said Ordinance seeking to create the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development ' (PUD) for lands as described within application File Number REZ-2004-01, provided: (Provide findings offact similar to the following.) 1. This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 1 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan ' 3. The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. ' 4. The specific uses and special conditions as set forth with in the rezoning applications are not consistent and compatible with surrounding development. ATTACHMENTS: Staff Report prepared for the Community Development meeting and proposed ordinances. (Minutes of the CD Board meeting, and application packages have been ' previously provided to the City Commission. These are maintained by the City in File Numbers SSA-2004-01 and REZ-2004-0l, and are availab e for public review upon request.) REVIEWED BY CITY MANAGER: 1 July 12,2004 regular meeting AGENDA ITEM#7C&D JULY 12,2004 AGENDA ITEM 6.c and 6.d ;. ars„ l* Vis, COMMUNITY DEVELOPMENT STAFF REPORT ' February 24, 2004 Public Hearing Atlantic Beach Yacht Club PUD and SSA To: Community Development Board From: Planning,Zoning and Community Development Department Date: February 12, 2003 Subject: SSA-2004-01 and PUD-2004-01 Applicant: Prosser Hallock Engineers and Planners, Inc. on behalf of Bridge Tenders, LLC Inc. 13901 Sutton Park Drive, South, Suite 200 Jacksonville, Florida 32224-0229 ' Requested Change: Request to rezone approximately 7.5 acres from Conservation to Planned Unit Development and a related request for a Small Scale Amendment to the 2005 Comprehensive Plan to change the land use designation of 3.3 ' acres from Conservation to Residential,Medium Density,and a contiguous 0.3-acre parcel from Conservation to General Commercial. ' Location: Generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. The property is locally referred to as Johnston Island. Future Land Use: Conservation(CON) FLUM 2005 ' Surrounding Zoning: Conservation(CON)immediately surrounding the site;residential zoning to the east within the City of Atlantic Beach;industrial zoning to the west within the City of Jacksonville ' Surrounding Land Use: Intracoastal Waterway and marsh areas; abandoned restaurant and boat yard on site, commercial marine repair, and shipyard to the west. This request involves two companion applications. (The applications have been previously provided to the Community Development Board.) Each is addressed separately as follows. ' AGENDA ITEM#7C &D JULY 12,2004 1) SSA-2004-01: A request for a Small Scale Amendment(SSA) to the 2005 Future Land Use ' Map of the Comprehensive Plan to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. Process: Section 163.3187(1)(c), Florida Statutes provides that certain amendments to the Future Land Use Map (FLUM) of the adopted Comprehensive Plan may be made related to small scale development activities. The proposed project is consistent with such conditions and limitations. (The Small Scale Amendment process is a significantly simplified process in comparison to the Large Scale Amendment process.) If the City Commission chooses to adopt the amendment,the change is made ' by ordinance, with the customary two readings, but with a 30-day effective date. Florida Statutes require this 30-day time period, during when the Department of Community Affairs may choose to review and comment on the SSA,or the public may"challenge"the amendment in accordance with a process set forth in Chapter 163, Florida Statutes. If DCA has no comment, and there is no valid challenge to the SSA, it automatically becomes effective 30 days after adoption by the City Commission. ' Project: The subject property consists of approximately 7.5 acres, although not all of the site is ' developable land. The Johnston Island property was included in those lands annexed into the City of Atlantic Beach in 1996, and in 1998, all of the annexed lands were designated on the FLUM as Conservation. While this property,which is just east of the Intracoastal Waterway,is surrounded by undeveloped marsh and wetland, the property is best described as an abandoned commercial and marine services site. The site was a boatyard for many years,and several boats and remnants of that activity are scattered across the property. The dilapidated Rumrunners restaurant and several outbuildings also remain on the site. The application seeks to change the FLUM designation of a 3.3- acre portion of the site to Residential,Medium Density(not to exceed ten dwelling units per acre)to allow for the proposed condominium development, and also to change a 0.3-acre part of the site to Commercial to allow for a restaurant and bed and breakfast. The remainder of the overall site would remain designated as Conservation,limited only to uses as allowed within the Conservation land use category. ' Action: Amendments related to small scale development activities are legislative rather than quasi- judicial in nature. In summary,in order to approve the SSA,the Community Development Board and City Commission must find that the proposed change in land use designation will result in an expression of policy that will contribute to the orderly growth of the City, and which is consistent with the desired and intended development pattern of the City. 2) PUD-2004-01: A request to rezone approximately 7.5 acres from Conservation (Con) to ' Planned Unit Development (PUD) to permit development of an estimated 30-36 condominium units (but not to exceed 10 dwelling units per acre)on a 3.3-acre residential portion of the site and a restaurant and bed-and-breakfast on a 0.3-acre commercial portion of the site. A private yacht club for use by residents and restaurant customers only is also proposed. Proposed parking, associated amenities, accessory uses and open space and wetlands occupy the remainder of the site. Process: The Small Scale Amendment and the rezoning to PUD may be considered concurrently,but the proposed rezoning should be approved only if the SSA is adopted and made effective. Otherwise, 1 2 ' AGENDA ITEM#7C&D JULY 12,2004 the rezoning would not be consistent with the Comprehensive Plan. If the CD Board and the City Commission act to approve the two applications,the effective date of the ordinance creating the PUD must be set after the SSA is effective. As with all rezonings and Comprehensive Plan amendments, the Community Development Board will make a recommendation to the City Commission to approve or deny the requests. The items will then be properly noticed and scheduled for public hearing and two ordinance readings by the Commission. Project: The proposed plan of development and pertinent issues are summarized as follows. • Residential - The approximately 3.3-acre residential portion of the project proposes 30-36 condominium units. This number may vary slightly depending upon final surveying and the exact acreage of this part of the site,but in no case can the number of units exceed 10 dwelling units per acre on the residential part of the PUD. Parking for the residential units will be on the lower level of the residential structures. Specific development standards are set forth on pages 7-8 of the PUD application. Associated amenities and typical residential accessory uses are also proposed. • Commercial — An approximately 0.3 acre portion of the site is proposed to be developed commercially with a restaurant and a maximum 20-room bed and breakfast. • Private Yacht Club—Boat slips not to exceed two per dwelling unit,and to be used exclusively ' by residents and restaurant patrons are proposed generally on the east side of the project. Deep water access to the Intracoastal Waterway would be provided. Typical boating related accessory uses such as a harbormaster's office and shop are also proposed. Development of the marina area ' shall be subject to permitting requirements of all appropriate regulatory agencies including FDEP and the Army Corps of Engineers. • Utilities—Utilities will be located underground, and it shall be the developer's responsibility to extend water and sewer lines from existing Atlantic Beach lines to the serve the project. • Height—The application requests a building height of 88-feet for residential structures and 58- feet for non-residential structures,except that no structure will exceed the height of the bridge for a distance of 250-feet from the bridge. ' STAFF COMMENTS The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation,these designations have been assigned much by virtue of this 7.5- acre parcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas,but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct environmental features. It is Staffs opinion that ' the site is suitable for appropriate development subject to all applicable local and State permitting requirements. In considering the proposed land use amendment and the rezoning,several issues must be addressed by the Community Development Board and the City Commission. ' Proposed Uses: The 30 to 36 residential units, and the proposed Residential, Medium Density designation do not seem inappropriate for this 7.5-acre site. There are no other residential uses ' adjacent to this site, and the nearest residential lands with the City of Atlantic Beach (Section H / Marsh Oaks) are designated Residential, Medium Density. The land on the west side of the ICW, ' 3 ' AGENDA ITEM#7C&D JULY 12,2004 within the City of Jacksonville, is occupied by heavy industrial, marine related uses. The site's limited access and proximity to the Atlantic Boulevard bridge also constrain use of the site. ' Development of the private yacht basin,if approved,will be highly regulated in accordance with State and Federal requirements. Subject to the marina remaining private, and no future marine fuel sales, staff does not object to this use or associated uses that are typically accessory to a private marina. The commercial portion of the project consists of 0.3 acres of the site. Staff has some concerns about traffic related impacts related to the restaurant since the nature of this traffic is different than that of ' the residential use, where residents become accustomed to the unusual access conditions of the site. The commercial use and needed access improvements will be addressed by FDOT. Height: The Community Development Board and the Commission must determine if this site,given its proximity to the bridge and the scale of the surrounding bridge structure, is unique such that approval of the requested height would not set precedent for any future requests to exceed the ' established 35-foot height limit that has been historically maintained throughout most of the City. Staff strongly supports enforcement of the 35-foot height limit within established residential and commercial areas. Staff has concerns about the requested 88-feet height for a portion of the residential use, which would be located generally on the northern side of the site. In this single instance,however,the requested 58-feet(or the height of the bridge)may be acceptable from a design ' standpoint, as this would provide for a view from the bridge across the top of the structures rather than a view down-into mechanical equipment located on top of the roofs of the buildings. Staff does not object to building height not greater than the maximum height of the northern westbound span of ' the bridge for residential buildings only, provided that all structures are treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. ' Traffic and access: The site is accessed by the existing FDOT road that was built during the Atlantic Boulevard ICW bridge reconstruction. Use of this roadway and any required improvements ' shall be subject to FDOT permitting. FDOT will assess improvements needed to serve the project, such as needed deceleration and acceleration lanes, if the project is approved by the City and submitted to FDOT for review. (Staff has informally reviewed the project with FDOT staff, and ' initial comments respond to the need for an extended westbound decel lane.) Planning Staff has also requested a review of traffic impacts from the senior transportation planner with the Northeast Florida Regional Council. The following comments are provided by Ed Lehman, Director of Growth ' Management with the Regional Council. Trip Generation The proposed plans for the Atlantic Beach Yacht Club are for 36 condominiums,a 5,500 square foot quality restaurant, approximately 74 marina slips, and a 20-room bed and breakfast hotel. For trip generation purposes,it was assumed that 37 of the 74 slips would be private,and would therefore not ' generate additional trips onto the roadway network. Using trip generation rates and equations from the ITE Trip Generation Manual, 7th Ed.,the applicant estimates that a total of 70 peak hour trips will be generated by the project, with 45 entering and 25 exiting. The applicant's trip generation ' estimates are reasonable and justified;however,I recommend after meeting with the applicant that the estimate for the bed and breakfast be increased (only raising the total trips to 74 peak hour trips). 4 t AGENDA ITEM#7C& D JULY 12,2004 1 Trip Distribution and Impact Analysis The location of the project is unique in that all exiting trips must go westbound, and all entering trips arrive from the east. According to the latest FDOT Level of Service Report for Duval County, the segment of Atlantic Blvd. within Atlantic Beach between the Intracoastal Waterway and Mayport ' Road is operating at LOS D. The 2002 AADT as published by FDOT is 59,500 daily trips,with the adopted LOS D service volume of 61,800 daily trips. Additional traffic from this project should not lower the operating LOS below the adopted standard. However, this is not a concurrency determination, which should be done consistent with the concurrency requirements of the City. The applicant has provided sufficient evidence indicating that there appear to be adequate U-turn or turnaround opportunities for eastbound exiting traffic. In addition, the applicant has provided sufficient evidence that eastbound entering traffic could use the protected left-turn signal at the Mayport Road/Florida Boulevard exit. ' In summary, after review of the land use amendment and proposed PUD rezoning application, I believe that there are no significant traffic issues that would result from the project The following suggested motions are provided to assist the Community Development Board in their recommendation. Action on the proposed Small Scale Amendment must be made prior to a recommendation related to the rezoning. Suggested Action to Recommend Approval of the Small Scale Amendment The Community Development Board may consider a motion to recommend approval to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht ' Club,amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential,Medium Density and from Conservation to Commercial, providing the following Finding of Facts. ' . I. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan,and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 97-5, Florida Administrative Code. 3. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. 1 Suggested Action to Recommend Denial of the Small Scale Amendment ' The Community Development Board may consider a motion to recommend denial to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht Club,amending the 2005 Future Land Use Map designation of those lands as described within ' application File Number SSA-2004-0I from Conservation to Residential,Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 5 t AGENDA ITEM#7C &1) JULY 12,2004 ' 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section ' 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Action to Recommend Approval of the Rezoning to PUD The Community Development Board may consider a motion to recommend approval to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to Planned Unit Development(PUD)for lands as described within application File Number REZ- 2004-01), adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. ' 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment,amending the 2005 Future Land Use Map designation of those ' lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. ' 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. ' 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development. ' Suggested Action to Recommend Denial of the Rezoning to PUD The Community Development Board may consider a motion to recommend denial to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to Planned Unit Development(PUD)for lands as described within application File Number REZ- 2004-01), provided: ' (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 6 ' AGENDA ITEM#7C &D JULY 12,2004 . This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands ' as described within the application. 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan 3. The rezoning is not consistent with the Land Development Regulations,specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning applications are not ' consistent and compatible with surrounding development. 1 1 1 1 7 1 AGENDA ITEM#IC&D JULY 12,2004 1 1 HVPLANNINGAREZONING FILE\REZ:2004OI(Atlantic Beach Yacht Clnb)CDB Staff Report.Doc 1 1 i 1 i i i 1 1 1 1 1 i 1 1 1 8 AGENDA ITEM#7C& D JULY 12,2004 ' Proposed ORDINANCE NUMBER 31-04-03 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ' AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31- 04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE 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. WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment of the adopted Comprehensive Plan; and ' WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions and procedures whereby the City Commission may adopt an amendment to the Future Land Use Map of the Comprehensive Plan related to a proposed small scale development activity; and ' WHEREAS, after required notice was published, public hearings were held, in accordance with Section 166.041 (3) (c), Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to ' application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial, as depicted Within attached Exhibit I, being part of those lands as described within the legal description attached as Exhibit 2. SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Florida Statues, and Rule 9J-11, Florida Administrative Code. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City ' of Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code, and consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance ' 95-90-48. SECTION 4. FINDINGS OF FACTS. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code, and this amendment to the 2005 Future Land Use Map, and the related proposed small Page I of 2 Proposed Ordinance 31-04-03 AGENDA ITEM#7C&D JULY 12,2004 ' scale development activity as enacted by Ordinance Number 52-04-02, is consistent with the intended and desired future growth and development of the City of Atlantic Beach, as well as ' applicable provisions of the adopted Comprehensive Plan as set forth within that application, attached to and made part of this ordinance as Exhibit 3. SECTION S. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that if any provision,paragraph, or section of this Ordinance, and this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of ' competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted Comprehensive Plan. SECTION 6. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, ' Florida Statutes. SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Map of the adopted Comprehensive Plan shall be thirty-one (31) days following the adoption date of this amendment. However, if any affected person files a petition with the ' Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to challenge the compliance of this Plan amendment, this Plan amendment shall not be come effective until the Florida Department of Community Affairs, or the Florida ' Administration Commission, respectively, issues a final order determining this Plan amendment is in compliance. No development orders, development permits or land uses dependent upon this Plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this Plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak ' Boulevard, Tallahassee, Florida 32399-2100. Passed upon first reading and public hearing by the City Commission of the City of ' Atlantic Beach this 12th day of July, 2004. Passed upon final reading and public hearing this day of ,2004. JOHN S. MESERVE ' ----_- --- -- Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE ' City Attorney Attest: ' Office of the City Clerk t Page 2 of 2 Proposed Ordinance 31-04-03 I EXHIBIT 1 2005 Future Land Use Map Amendment 17IC BE,kk EXISTING FLUM n __ 3.6 AC CON .. d PROPOSED AMENDMENT "▪ H N N `. 3.3 AC MDR o 0.3 AC GC a tion- CLQ ito I Small Scale �� ' Development Land Use �.•�. '• Map Amendment .. " res .. • I \ rte Iieneral Commercial • ` 0.3 AC • i ` iroject Bounty ` Medium Density Residential • I • 3.3 AC `. Ittj • I G . V.I 71,E •�� -c*4 •\ .•� I • �% ‘ 40" ti ••'. �$0 • Olv I I 'A 0 36 60 NORM® Prosser Hallock I JANUARY 5,2004 PLANNERS 6 ENGINEERS ' AGENDA ITEM 47C&D JULY 12,2004 1 EXHIBIT 2 Book 11451 Page 1666 Legal Description Tract I: That part of unsurveyed fractional Section Nineteen (19) Township Two (2) ' South, Range Twenty-nine(29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed ' fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred(500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14, Page 70, of the current tpublic records of Duval County, Florida. Tract 2: All of the unsurveyed fractional Section Twenty-four (24), Township 2 South, ' Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: t Commencing as a Point of Beginning at the point where the Eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of the same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning. 1 t 1 1 JAxnu_9x9_: 3 1 ' AGENDA ITEM#7C&D JULY 12,2004 Proposed ORDINANCE NUMBER: 52-04-02 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON)TO PLANNED UNIT DEVELOPMENT(PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; ' PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that ' the public health, safety and welfare of citizens are protected and enhanced by the enactment of this ordinance, and ' WHEREAS, the change in Zoning District designation enacted by this ordinance shall provide for orderly growth;encourage the appropriate use of Land;protect and conserve the value of property;prevent the overcrowding of Land;promote,protect and improve the health,safety,comfort, good order,appearance, convenience,and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and ' WHEREAS, after required notice was published, a public hearing and first reading of the proposed ordinance was held on the 12th day of July, 2004 at 7:15 p.m., and a public hearing and second reading were held on the day of , 2004 at 7:15 p.m. to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of Bridge Tenders, LLC Inc., the title owner of record in the application (File Number REZ 2004-01) with supporting documents for the zoning change dated January 05,2004, and submitted to the City of Atlantic Beach, Florida on January 07, 2004, hereinafter known as the JOHNSTON ISLAND PLANNED UNIT DEVELOPMENT(PUD)application,which is attached to and made part of this Ordinance,the zoning classification of lands as described within Exhibit 2—Legal Description of ' said application is hereby changed to Planned Unit Development(PUD). SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the PUD application,attached to this ordinance,dated January 05,2003, and other supporting documents,which are a part of File Number REZ-2004-01,and incorporated by reference into and made part of this Ordinance. In the case of conflict between the application,the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Proposed Ordinance 52-04-02 Page 1 of 3 AGENDA ITEM 07C&1) JULY 12,2004 1 SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON ISLAND PUD have been considered in accordance with the City of Atlantic Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: I. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment,amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. ' 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. ' 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. -- -The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding ' development. SECTION 4. To the extent they do not conflict with the unique specific provisions of this ' PUD Ordinance,all provisions of the Land Development Regulations,as such may be amended from time to time, shall be applicable to this development; except that modification to this PUD by variance or special use shall be prohibited except as allowed by the Land Development Regulations, ' and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance,no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land ' Development Regulations shall be deemed waived or varied by any provision herein. SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the CityofAtlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 6. This ordinance shall become effective on the day of , 2004, except that the effective date of this ordinance shall not precede the effective date of companion Ordinance 31-04-03,and shall be the same effective date as Ordinance 31-04-03 in the event that said ' ordinance is made effective after ,2004. Upon the effective date of this Ordinance,the change in zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. Proposed Ordinance 52-04-02 Page 2 of 3 ' AGENDA ITEM#7C &D JULY 12,2004 1 Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. ' Passed on final reading and public hearing this day of , 2004. 1 JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ' Attest: Office of the City Clerk 1 1 1 1 Proposed Ordinance 52-04-02 Page 3 of 3 AGENDA ITEM#7E JULY 12,2004 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Elimination of interest on customer deposits, Section 22- 27.1.(b) Utility Deposits. SUBMITTED BY: Nelson Van Liere, Finance Director DATE: June 20, 2004 BACKGROUND: For many years, the City has paid three percent interest on customer deposits while earning much more than that. Over the past few years, interest rates have drastically declined and it is no longer in the best interest of the City to continue to pay interest on customer deposits. Now that the ' interest earned by the City on customer's deposits is less than what we pay, the City is losing money. It is for this reason that I recommend the elimination of the payment of tinterest altogether. The residential deposit amount is$125.00 and is to be paid interest at 3%per year if the customer maintains a good payment history for two years. That is $3.75. At the same time, the City is earning only 1.20%, which equates to ' $1.50 for the same period. The City pays out $2.25 more than it earns. The remaining$1.50 is hardly enough to be worth the effort of maintaining a customer deposit balance. ' The section of the City Code to be amended is as follows: ' Sec. 22-27.1. Utility deposits. (b) The deposit of any customer shall be refunded with ' twenty-four(24)months from the date of deposit,provided the customer is current in all payments and has timely made all payments during the preceding twenty-four(24) months. ' If any customer becomes delinquent in payments after his deposit has been refunded pursuant to this section, the city may require an additional deposit for service to continue. ' RECOMMENDATION: That the City Commission request staff to prepare an amendment to Chapter 22, Sec.22-27.1(b) of the City Code ' of Ordinances to eliminate the payment of interest on customer deposits. REVIEWED BY CITY MAN • 1 AGENDA ITEM#7E JULY 12,2004 1 ORDINANCE 80-04-68 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, t ARTICLE II WATERWORKS SYSTEM, SECTION 22-27.1 UTILITY DEPOSITS PARAGRAPH (B) DELETING REFERENCE TO THE PAYMENT OF INTEREST ON CUSTOMER DEPOSITS AND TO PROVIDE AN EFFECTIVE DATE WHEREAS; The City has paid three (3) percent interest on utility deposits over the years, and WHEREAS; the City earns less than three (3)percent interest on those same invested funds resulting in a net loss to the City to hold the deposits, and WHEREAS; the City has determined that it is in its best interest to eliminate interest on deposits. NOW,THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ' ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; ' Section 1. Chapter 22 of the City Code of Ordinances be amended as follows: (b) The deposit of any customer shall be refunded ' after twenty-four(24)months from the date of ' deposit,provided the customer is current in all payments and has timely made all payments during the preceding twenty-four (24)months. If any customer becomes delinquent in payments after his deposit has been ' refunded pursuant to this section, the city may require an additional deposit for service to continue. Section 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of July, 2004. Passed by the City Commission on second and final reading this day of July, 2004. ' Approved as to form and correctness: John S. Meserve ' Mayor/Presiding Officer Alan C. Jensen, Esquire City Attorney ATTEST: 1 ' Maureen King, CMC City Clerk AGENDA ITEM #8A JULY 12,2004 i CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Appointments to Cultural Arts&Recreation Advisory Committee SUBMITTED BY: Maureen King, City Clerk DATE: July 2, 2004 BACKGROUND: Four terms will expire on the Cultural Arts&Recreation Advisory Committee on July 8, 2004. ' Name Date Appointed Ingrid McCawley November 10, 2003 Katherine Burgess April 14, 2003 Rusty Pritchett July 22, 2003 Linda Ginsberg March 22, 2004 All members are willing to continue serving in reappointed. No other applications have been submitted within the last year i I ' BUDGET: N/A RECOMMENDATION: ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM#813 JULY 12,2004 ' CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Revisions to the Tree Ord. ce SUBMITTED BY: Jim Hanson, . DATE: July 2, 2004 BACKGROUND: Several months ago the Atlantic Beach Tree Board made a recommendation to the City Commission to designate several streets ' in the Selva Marina and Selva Norte subdivisions as a"Tree Canopy Preserve Corridor". The intent of this designation is to provide additional protection to existing trees in the Corridor, and particularly trees on the public right-of-way. In a staff reported dated February 26, 2004 (copy attached) I pointed out ' that some of the things that the Tree Board was trying to accomplish with the"Corridor" designation could and should be applied on a citywide basis and that several other modifications to the tree ordinance appeared 1 necessary to further enhance the protection of trees in our City. Mayor Meserve added his comments concerning the need to amend the city's tree ordinance in a memo sent on March 8, 2004 (copy attached). With these recommendations in mind, the City Commission requested that the Tree Board prepare amendments to the tree ordinance for the Commission to consider. ' In a response received on June 23, 2004 from Chairman Shaughnessy (copy attached),the Board has recommended that the City Commission adopt the originally proposed"Protected Corridor Ordinance" and fund the survey of trees in that designated area estimated to cost $9,000. ' BUDGET: The Tree Board estimated the cost for the survey of trees along the right- of-way at$9,000. ■ RECOMMENDATION: That the City Commission instruct city staff to prepare amendments to the City's tree ordinance in accordance with ' earlier discussions and present those amendments to the Commission for review and adoption. The question of funding a survey for the location of trees in the Selva Marina and Selva Norte subdivisions, or on a citywide ' basis, can be reviewed during the upcoming budget workshops in August. ATTACHMENTS: 1) Proposed ordinance creating a Tree Canopy Preservation Program received from the Tree Board in January of 2004 AGENDA (TEM#8B JULY 12,2004 ' 2) Staff Report dated February 26, 2004 3) Memorandum from John Meserve to Jim Hanson and Maureen King dated March 8, 2004 4) Memo from Tree Board Chairman to City Commission received on June 23, 2004 1 i I I 1 1 ' AGENDA ITEM#SB JULY 12,2004 1 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Tree Canopy Preservation Corridor rdinance SUBMITTED BY: Jim Hanso DATE: February 26, 2004 ' BACKGROUND: This staff report is intended to answer some questions raised by the City Commission relating to the recommendation from the Tree Board to designate the Selva Marina Subdivision as a"Tree Canopy Preservation ' Corridor",to share some observations about the proposed ordinance, and to make a recommendation to the Commission as to how to proceed. ' First, it should be recognized that the Tree Board has contributed greatly to the quality of life in Atlantic Beach. Their decisions have caused for the preservation of numerous trees that would have been needlessly cut ' down by developers because of poor planning or lack of concern for the city's tree canopy. They have also approved many trees to be replanted on construction sites though the mitigation requirements and have caused for ' a significant amount of money to flow into the city's Tree Fund to allow for the many planting projects that have occurred over the last several years. Any recommendations here are intended to further enhance the city's tree ordinance and support the Tree Board's diligent work. A number of problems exist with the language of the proposed ordinance, ' and some other amendments to the tree ordinance should be considered. First,the proposed language allowing the Tree Board to recommend to the Code Enforcement Board a penalty not to exceed$500 per tree in the Selva Marina Subdivision would be more appropriately applied to illegal tree removal citywide. The ordinance as written would create a new"Tree Preserved Corridor" designation, which would be separate from the existing "Historic Tree Preservation"designation and would apply only to the Selva Marina Subdivision. The Code Enforcement Board presently has the authority to impose a fine not to exceed $5,000 where the Board finds violations to be "irreparable or irreversible in nature". Removal of significant trees clearly falls into this category. The Tree Board's intent is to their ability to not only impose mitigation for people who remove trees i AGENDA ITEM#8B JULY 12,2004 without permits but to recommend fines to the Code Enforcement Board ' in addition to that mitigation spelled out in the Tree Ordinance. ' Second,the proposed ordinance would apply only to trees on the public right-of-way in the Selva Marina Subdivision. Both city projects and removal by private owners and developers would be covered by this new requirement to get Tree Board approval prior to cutting any tree on the right-of-way. In past years, private owners that have wanted to remove trees on city right-of-way have received permission from the Public Works Department, although in the last few years, it has been my policy to ask the Tree Board for review in permitting of any such proposed tree removals. It may be appropriate to consider an amendment to the ' ordinance, which clearly requires approval of the Tree Board before private individuals can remove trees from the public right-of-way in any part of the city and not just the Selva Marina Subdivision. Next, the reasons enumerated that would allow the Tree Board to issue a permit for removal of the trees on right-of-ways in this proposed new Tree t Preserved Corridor is considerably more restrictive than those reasons in the present ordinance under the "Historic Tree" section. The proposed ordinance only allows removal when"the safety of the general public or ' adjacent residence is threatened by such historic trees or landscaping or where the overall value of the corridor will be enhanced by such removal." The Historic Tree Ordinance (Section 23-48) also allows for the removal ' where it is necessary for ingress and or egress from a property, when special circumstances exist such as necessity of handicap accessibility or when there is another valid or legitimate reason for their removal. ' Consequently, the proposed ordinance may unduly constrain the Tree Board's ability to issue tree removal permits in the future. ' Both the proposed Tree Preserved Corridor designation for the Selva Marina area and the existing requirements of the Historic Preserved Corridor which apply to East Coast Drive and Ocean Boulevard would ' require that professional tree surveys be obtained and made part of the public record. The cost of the survey was over $6,000 for the East Coast/Ocean area. No price tag has been estimated for the survey in the t Selva Marina Subdivision. The logic behind requiring a survey is to ensure that records exist in case trees are illegally removed and it is impossible to thereafter determine how large the trees were. The concern for illegal removal of trees on the right-of-way is legitimate on a citywide basis, but the cost for preparing such surveys citywide would be prohibitive. One alternative may be to prepare a videotape of city streets that could later be used in the case of illegal removals. The proposed ordinance would require that the City of Atlantic Beach also obtain permits from the Tree Board prior to the removal of any trees. 1 AGENDA ITEM#813 JULY 12,2004 ' The present tree ordinance (Section 23-17(d))2)(n) exempts"the City and its franchise agents from obtaining a permit to remove, trim, prune, cut,or disturb roots of any tree in the public right-of-way." The City's utility system work for water and sewer lines, street work and storm drainage work and public safety considerations are often narrowly constrained by engineering demands and the work often is of an emergency or urgent nature. Consequently, the City's work within the public right-of-way is essentially different in many ways from a private owner's desire to remove trees. Requiring the City to get these permits would certainly delay any projects and may be unnecessary. Last, there may be some additional amendments to the existing ordinance that should be considered. Among these would be increasing the fine for clear cutting a lot before getting a permit. The impact of the S1/ square foot established when the Ordinance was originally passed may have been ' deflated over time so as to be easy to view by developers as just a"cost of doing business". ' BUDGET: The cost implications of this ordinance apply to the requirement to obtain professional surveys locating the trees along the right-of-way and their size. No estimate has been made yet as to the cost of these surveys either in the Selva Marina Subdivision or citywide. RECOMMENDATION: The proposed ordinance should be sent back for further work to ' incorporate the recommendations listed above. ' ATTACHMENT: Ordinance 95-04-86 Ready for first reading as recommended by the Tree Board. i 1 AGENDA ITEM#8B JULY 12,2004 ' ORDINANCE NO. 95-04-86 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 23, VEGETATION: CREATING A TREE CANOPY PRESERVATION PROGRAM; PROVIDING ' GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING PRESERVATION INCENTIVES AND REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, The City of Atlantic Beach has a number of tree lined streets which exhibit special ' scenic value to the citizens of the City, and WHEREAS, The City recognizes a duty to protect and enhance those public right of ways which ' serve as scenic corridors in the City, and WHEREAS, To protect and enhance these public right of ways, the City Commission has determined that certain public right of ways or portions thereof, shall be designated as Tree Canopy Preserve Corridors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ' ATLANTIC BEACH, FLORIDA: SECTION 1. Intent. It is the intent of the City Commission in designating Tree Canopy Preserve Corridors to protect signiid nt tree canopy and landscaping from destruction and to enhance the ' aesthetic appearance of certain streets within the city. SECTION 2. Designation of Tree Canopy Preserve Corridors. The City Commission may from ' time to time designate, by ordinance, Tree Canopy Preserve Corridors. In so doing, the City Commission will specifically identify those streets, or portions thereof, which shall be so designated. In considering whether public right of ways or portions thereof shall be designated as Tree Canopy Preserve Corridors, the City Commission may consider the following criteria: ' (a) The presence of historically significant tree canopy or landscaping, as individual plants or in groupings. ' (b) The presence of significant historic or architectural structures with associated tree canopy or landscaping. (c) The presence of culturally significant tree canopy or landscaping. (d) Request from private property owners that colonnades on their property shall be so ' designated. SECTION 3. Effect of Tree Canopy Preserve Corridor designation. (a) Trees or landscape groupings on public right of ways, or portions thereof, which have been designated as Tree Canopy Preserve Corridors shall not be damaged, mutilated or removed from public or private property by any entity, public or private, ' without prior approval of the Tree Conservation Board. Removal shall be permitted by the Board where the safety of the general public or adjacent residents is threatened by such historic trees or landscaping or where the overall value of the corridor will be enhanced by such removal. 1 AGENDA ITEM#SB ' JULY 12,2004 ' (h) Trees, tree groups, or landscape groups designated by the City Commission as a part of the Tree Canopy Preserve Corridor shall be so designated by signs or markers of a type to be determined by the City Commission. ' Said signs or markers shall contain the words"Tree Canopy Preserve Corridor and shall denote the date of designation and the historic significance of the tree, tree group or landscape group. ' SECTION 4. Designated Corridors. Upon designation of corridors, professional tree surveys shall be obtained and placed in the public record. The City Commission hereby designates the ■■ following as a Tree Canopy Preserve Corridor: ■ • Saturiba Drive from Selva Grande westward to Selva Marina Drive to include Live Oak •Lane, North Sherry Drive, Dale Lane and Hickory Lane; i • Selva Marina Drive from Saturiba Drive to 19'" Street; ' • 19'" Street to Sea Oats to include the five cul de sacs on the north side of 19'"StreeL SECTION 5. Penalties for violation. Unauthorized damage, mutilation or removal of any tree, which is a part of any designated Tree Canopy Preserve Corridor, shall constitute a violation of this ordinance. Examples of unauthorized damage or mutilation shall include, but are not limited to, girdling of trunks with string trimmers or other lawn equipment, punctures, including those caused by tree climbing spikes, removal of live green leaves or fronds, and destruction of the root systems. Each violation shall pe reviewed by the Tree Conservation Board who will recommend to the Code Enforcement Board an appropriate penalty not to exceed $500.00 per tree to full ' replacement of the damaged tree(s). SECTION 6. Severability. If any section, sentence, clause, word, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 7. This Ordinance shall become effective immediately upon adoption. PASSED BY THE CITY COMMISSION ON FIRST READING: PASSED BY THE CITY COMMISSION ON SECOND READING: ' John Meserve, Mayor ' ATTEST: Maureen King, City Clerk Approved as to Form and Correctness: Alan C. Jensen, Esquire 1 City Attorney IAGENDA ITEM#SB JULY 12,2004 King, Maureen I From: John Meserve[captain@fleetlanding.com] Sent: Monday, March 08, 2004 10:48 AM CC TO: To: Hanson, Jim; King, Maureen qty Commission Subject: Tree Ordinance ❑City Manager City Attorney I 00$Cess MEMORANDUM O P11e ,g- Thi, Lob 4744,1121-40. To: Jim Hanson, City Manager Date: Copy to: Maureen King, City Clerk From: John Meserve IRe: Ordinance No. 95-04-86 (Tree Canopy Preservation Program) Jim : Some thoughts about the proposed Ordinance. My intention is to ask Ifor a deferral and request the Tree Board rethink the issue. I would ask Maureen to provide a copy of this e-mail to both the Commission at our March 8 meeting and to the Tree Board Members. I First, it should be recognized that the Tree Board has contributed greatly to the quality of life in Atlantic Beach. Their decisions have caused for the preservation of numerous trees that would have been needlessly cut down Iby developers because of poor planning or lack of concern for the city's tree canopy. They have also caused for many trees to be replanted on construction sites through the mitigation requirements and have caused for a significant amount of money/to flow into the city's Tree Fund to allow for Ithe many planting projects that have occurred over the last several years. Any recommendations here are intended to further enhance the city's tree ordinance and support the Tree Board' s diligent work. ITwo main issues I have are the designation of specific tree corridors, and workload that may create for us all, and my perception that the city will be unduly restricted by the current way the ordinance is written. I Issues: The designation of specific areas as "Tree Canopy Preserve Corridors" may well create future problems. First it requires the City to complete a tree survey in the area, which may have significant cost implications. Second, Ionce the system is in place I am sure that no one who wants an area so designated will ever be turned down, and having different sets of rules (by area) will be difficult as an enforcement issue and perhaps legally Ichallengeable. My first thoughts are if designation is a "good" thing why not make the rule cover all the city's right of way. I t would make communication and enforcement of the rule much easier. I did not see that there was any definition as to tree size. I.e., if Isomeone cuts down a 3 foot sapling, does that constitute a violation? I think we need to be more definitive The proposed language allowing the Tree Board to recommend to the Code Enforcement Board a penalty not to exceed $500.00 per tree in the Selva IMarina Subdivision may more appropriately be applied to illegal tree removal citywide. Again, citywide enforcement may be the way to go. The ordinance as written would create a new "Tree Preserved Corridor" designation, which would be separate from the existing "Historic Tree Preservation" designation I and would apply only to the Selva Marina Subdivision. The Code Enforcement Board presently has the authority to impose a fine not to exceed $5,000.00 where the Board finds violations to be "irreparable or irreversible in Inature". Removal of significant trees clearly falls into this category. The Tree Board's intent is to have it spelled out in the tree ordinance their ability to not only impose mitigation for people who remove trees I 1 IAGENDA ITEM#813 without permits but to recommend fines to the Code Enforcement Board in JULY 12,200J addition to that mitigation. Last, the proposed ordinance would require that the City of Atlantic Beach also obtain permits from the Tree Board prior to the removal of any trees. The present tree ordinance (Section 23-17 (d) ) 2) (n) exempts "the City and its I franchise agents from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree in the public right-of-way." The City's utility system work for water and sewer lines, street work and storm drainage work I are often narrowly constrained by engineering demands and the work often is of an emergency or urgent nature. Consequently, the City's work within the public right-of-way is essentially different in many ways from a private owner's desire to remove trees. Requiring the City to get these permits ' would certainly delay any projects and may be unnecessary. I I I I I I I 1 I I I . I I I 2 1 AGENDA ITEM#813 JULY 12,2004 i i 1 Honorable Mayor and Commissioners 1 The Tree Conservation Board has reviewed the proposed Protected Corridor Ordinance at the request of the Commission to determine the feasibility of expanding 1 the Ordinance to include the entire City. The Tree Conservation Board is in agreement that no changes be made in the ordinance at this time. The Board suggests the ordinance be passed as is and that it be 1 reviewed in three years for consideration of expanding the ordinance to include the entire city. The Board has reviewed the historic Tree Corridor costs of surveying the existing 1 trees. The estimated cost would be approximately $9000.000 per a telephone quote from Boatwright Durden Land Surveyors. The Board would monitor the program created by the ordinance as a pilot 1 program to allow�� the review of various issues that may�� occur during the initial years. Charman- �qiPDi' L/ -� /1 " " 1 RECEIVED CITY OFCATLAG �NTIC BEACH ZONIN JUN 2 3 2004 1 egg" cyr 1 City Manager n BY: —.—_--- ❑City Manager ❑City Attorney 0 Press ri File 1 Date. 1 1 1 1 ' AGENDA ITEM H8C JULY 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Establishment of a Water and Sewer Utility"Rate Stabilization Fund" SUBMITTED BY: Nelson Van Liere, Finance Director DATE: July 3,2004 BACKGROUND: For many years, the City has benefited form a large balance in the Bond Construction fund borrowed for the purposes of completing large water, sewer and storm water capital projects. Having those ' funds for capital allowed the utility to build good operating reserves for future use. The borrowed funds have now all been spent and again it is time to rely on the revenues of the utility to ' keep up with inflation, unexpected point repairs and system improvements as needed. Until now, the revenues of both the water and sewer utilities have been sufficient to absorb the rising ' costs of doing business while preserving a healthy 25%reserve in cash for unexpected costs. One of the conditions of the debt the City acquired for the utilities was that we would ensure our bondholders that our rate structure would generate enough net revenue to cover our debt service payments by at least 105% to 110%. Working with the auditors this past year, we were able to meet this coverage ratio by an extremely small margin of only about $25,000. While generating more revenues and or reducing operating expenses is the proper way to make sure that the City continues to meet coverage and ' thereby protect our good credit and bond ratings, there is one measure we can take to give temporary security against failing to meet coverage that can be done. ' The provisions of the bonded debt allow the City at the City Commission's discretion to establish a"Rate Stabilization Fund". This action would simply take some of the accumulated earnings of prior years now designated as operating reserves and further restrict them in an account called a rate stabilization fund. The ' purpose of this account is to set these earnings aside for a year such as this where net revenues by themselves may be insufficient to meet the coverage ratios. The use of this fund to meet coverage ' ratios is temporary, until the City can generate enough funds to replace them. It would be the City's obligation to replenish this reserve as soon as feasible by addressing utility revenues and the cost of doing business during the budget process. The creation of 1 AGENDA ITEM#8C JULY 12,2004 this account will not only benefit the City now in this time of ' struggling performance, but will also contribute to maintaining a healthy fund balance in the future. BUDGET: A budget impact would arise only if the utility failed to meet our bond coverage ratios and the City drew down the balance of this account. The City would then subsequently budget to replenish the fund. ' RECOMMENDATION: That the City Commission give authorization to 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. REVIEWED BY CITY MANA 1 ' AGENDA ITEM tt8D JULY 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING ' STAFF REPORT AGENDA ITEM: Selection of Company to Provide Utility Bill Printing and Mailing Services—RFP# 04-4 ' SUBMITTED BY: Nelson Van Liere,Finance Director ' DATE: July 6, 2004 BACKGROUND: The City advertised and took proposals to outsource the utility bill printing and mailing ' function to an outside company. Outsourcing this function will allow the City to change from postcard billing to statement billing. The many benefits derived by converting to statement billing are: less opportunity for bill to get lost or discarded by customer with other mail items received;more room for messages; inclusion of consumption history and graphical information; description of alternative payment methods; inclusion of conservation information; and the ability to insert other City notices. The City is also recommending the "value-added" service of including a return envelope with the statement billing, for customers to use when paying there utility bill via mail. The Kurtis Group currently prints and mails the City's monthly newsletter. The City received proposals from vendors regarding these services. If the City contracts with the recommended firm to insert the monthly newsletter with the utility bills, the City could reduce the postage cost of separate mailing. iThe City advertised for proposals in May and received seven proposals. City staff, comprised of five representatives from the Finance Department, met and discussed the ' proposals with regard to the evaluation criteria, including mandatory elements and technical qualifications - expertise and experience, project approach and pricing. City staff selected five of the firms to interview, all three local firms and two others that had ' specific utility bill printing experience. Subsequent to these interviews, final rankings were tabulated and the top three candidates are presented for your review. ' Arista Information Systems, Inc. received the highest overall ranking and therefore receives City staffs recommendation. BUDGET: There are sufficient funds in the Finance Department's budget for this year's cost and the ' remainder will be included in subsequent year's budget recommendations. Estimated annual cost for base services (printing, stuffing and mailing 96,000 utility bills): $12,960.00/year Estimated annual cost for inclusion of a return envelope: $960.00/year ' RECOMMENDATION: Authorize the City Manager to enter into a contract for outsourcing utility bill printing and mailing services, including a return envelope, and to negotiate terms for newsletter printing, insertion and mailing with Arista Information Systems, Inc. ATTACHMENT: Evaluation Tabulation CITY MANAGER APPS ROVAL:_�� I AGENDA ITEM#8D JULY 12,2004 City of Atlantic Beach I Utility Bill Printing and Mailing Evaluation Tabulation RFP#04-4 Evaluation Criteria Advanced ' Arista Xerographies Information Imaging,Inc. Payformance Systems,Inc. (AXIS) Corporation I Mandatory Elements a. Capability to design a pre-printed utility bill Y Y Y I b. Capability to receive billing data in acceptable format Y Y Y c. Capability to read data;print I and fold bills;and,insert bills and other items in envelopes Y Y Y d. Capability to mail documents I economically and timely Y Y Y e. Capability to provide a monthly, itemized bill of services rendered I f Followed instructions Y Y Y Meets Mandatory Elements Y Y Y Technical Qualifications IA. Expertise and Experience I. Qualifications (10) 50 50 40 2. Previous Experience (10) 50 50 40 I3. References (5) 25 25 15 Subtotal Weight (25) 125 125 95 ' B. Project Approach 1. Implementation Schedule (5) 25 25 25 2. Location of Respondent (5) 20 15 25 I 3. Workload (5) 20 10 20 Subtotal Weight (IS) 65 50 70 I C. Pricing Base-printing,stuffing& $0.1350 $0.1504 $0.1080 mailing utility bills(unit price) ISubtotal Weight (10) 30 20 50 Total Weight (50) ' Rating=Score x Weight Score:0-5 0=Non-Responsive-no information I 1 =Poor 2=Fair 3=Average I 4=Good 5=Excellent Overall Rating 220 195 215 IOverall Ranking 1 3 2 F:\Finance\Billing Outsourcing\[evaluation tab.xls)Evaluation ' AGENDA ITEM#SE JULY 12,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Change to Employee Health Insurance ' SUBMITTED BY: George Foster, Human Resource Manager DATE: July 6, 2004 BACKGROUND: On October I, 1997 the City changed it health insurance from two- tiers (Employee or Family) to four-tiers (Employee; Employee- Children; Employee-Spouse; or Employee-Family) and changed the health insurance provider to AHL with a reduction in HMO premiums of 24.2%. Premiums have since increased by+6% (1998); +16.7% (1999); +50.2% (2000); and +108% (2001). In 2002, the City changed it's insurance provider to BC/BS with a +4% rate increase with no additional increases since. Major factors to the above rate increases were the small size of the City workforce and high experience utilization rates based upon several major medical situations. Based upon the large increases within the health insurance costs, the City "froze" the employee contribution rates at the 1998 ' premium levels with the City paying 100% of all rate increases since October 1998. As the City's experience utilization has improved, the City sent out a RFP for health insurance. The RFP requested that the City be ' provided with proposals for health insurance as similar to the City's current coverage as possible. Based upon this RFP, the City received bids from the following: ' - Aetna - BC/BS of Florida - Florida League of Cities ' - Humana United After an evaluation of RFPs received, it was determined that one resulted in an approximate 44% reduction in the overall HMO premium rates. The RFP was submitted by Aetna and is for an ' HMO and POS plan with benefits very similar; however, not identical, to the City's current plan. There are no changes proposed for the City's Health Care and Child Care Flexible Spending Accounts or the internal management and administration of COBRA. 1 AGENDA ITEM!ME JULY 12,2004 ' Following are some of the major comparisons for the proposed HMO: Physicians: We believe that all of the primary physicians within our current HMO participate within the Aetna HMO. Hospitals: We believe that all of the primary hospitals within our current HMO participate within the Aetna HMO. Benefits: ' Primary Care Physician co-pay remains at $15 per office visit Specialty Care Physician co-pay remains at $25 per office visit Urgent Care Facility is $50 per visit Emergency Room co-pay from $50 to $100 Prescriptions from $10/$25/$40 to $l0/$30/$50 Diagnostic lab & X-rays from $0 to $25 co-pay Hospital charges remains at$150 day/ $750 max Maximum out-of-pocket remains at $1,500/$3,000 FUNDING: As this is a reduction to the overall cost to the City, funding included within the proposed 2004/2005 budget will be reduced ' accordingly. RECOMMENDATIONS: As Aetna has offered the City a 13-month rate guarantee; approve ' the change of City's health insurance to Aetna effective September 1, 2004. ' Approve changing the Citys health insurance from an HMO/PPO to an HMO/POS. The City currently has 103 employees/retirees and COBRA participants within the HMO and 8 employees within the PPO. Approve changing the City's contribution rate to 100% of the HMO ' employee only coverage plus 55% of the difference. Under this proposal, no employee within the HMO will have a rate increase; however, five of the eight employees within the PPO will have a monthly rate increase of$24.77 per month if they elect to remain within the POS plan and not switch to the HMO plan. ATTACHMENT: 1. Summary of Employee Cost 2. Summary of Aetna HMO Co-Pays 3. Summary of Aetna HMO Benefits 4. Summary of Aetna POS Co-Pays 5. Summary of Aetna POS Benefits C CITY MANAGER: ' AGENDA ITEM#8E JULY 12,2004 r EMPLOYEE COST OF HEALTH INSURANCE I 1 HMO Employee Employee Employee Employee Only + Child + Spouse + Family Number 71 5 19 8 Current $ 0.00 $ 107.28 $ 153.20 $ 317.60 ' Proposed $ 0.00 $ 107.23 $ 150.68 $ 236.55 Difference $ 0.00 - $ .05 - $ 2.52 - $ 81.05 1 I ' PPO/POS Employee Employee Employee Employee Only + Child + Spouse + Family Number 5 0 2 1 Current $ 0.00 $ 195.34 $ 245.74 $ 509.28 Proposed $ 24.77 $ 153.55 $ 205.77 $ 308.80 + $ 24.77 - $ 41.79 - $ 39.97 - $ 200.48 1 1 ' AGENDA ITEM NSE JULY 12,2004 XMtna Aetna Health Inc.®FLEX MEDICAL PLAN ATLANTIC BEACH CITY OF Florida-Northern Copayments PRIMARY CARE PHYSICIAN VISITS Office Hours $15 copay After Hours/Home Visits $15 copay SPECIALTY CARE Office Visits $25 copay ' Diagnostic Outpatient Testing $25 copay Phys,Occ,Speech Therapy $25 copay SPU SURGERY $150 copay ' HOSPITALIZATION $150/d to$750 max EMERGENCY ROOM(copay waived if admitted) $100 copay URGENT CARE $50 copay MATERNITY First OD Visit $25 copay ' Hospital $150/d to$750 max MENTAL HEALTH Inpatient $150/d to$750/A,30 days ' Outpatient $25 copay,20 visits SUBSTANCE ABUSE Detoxification $150/D to$750 max Inpatient Rehabilitation $150/d to$750/A,30 days Outpatient Detox/Rehabilitation $25N,30 rehab visits i PREVENTIVE CARE ' Routine Eye Exam(per benefit schedule) $25 copay Routine GYN Exam $25 copay CHIROPRACTIC CARE $25 copayN,20 visits ' PRESCRIPTIONS $l0/$30/$50,30 Day Contraceptives Covered 31-90 Day Supply(MOD only) $20/60/100 copay ' DURABLE MEDICAL EQUIPMENT No copay MAX OUT OF POCKET(copay+coinsurance) Single/Family $1,500/$3,000 IN-NET LIFETIME MAXIMUM In-Net Lifetime Maximum Benefit N/A 1 9560195 All non-emergency specialty and hospital services require a written referral from the primary care physician. See Certificate of Coverage for complete list of terms,benefits and exclusions. Benefits are provided by Aetna Health Inc". ' AGENDA ITEM#8E JULY 12,2004 City of Mantic Beach Section[2] - Product Descriptions Health Maintenance Organization (HMO) Product Traits Provider Network Yes • PCP Required/Role PCP selection required/PCP provides routine care and coordinates all 1specialty referrals Member Cost Sharing Copay applies to all covered services rendered, coordinated or referred by a PCP ' Percentage copayment may be applied to inpatient hospitalization and outpatient surgery Plan deductible may apply to inpatient hospitalization and outpatient surgery Annual out-of-pocket maximum limits may apply Claim Forms Required No Available Funding Options Full-risk prospectively rated, self-funded for 250+ life customers Standard Features Alternative Health Care Provides three programs that offer savings on alternative types of Programs health-related services (such as chiropractors and massage therapists); over-the-counter vitamins and nutritional supplements; and health- , related products (such as aromatherapy and natural body care). External Review Policy Supplements our internal review process by allowing members,or their physicians on their behalf, to request external review when coverage is denied because it is deemed unnecessary, inappropriate, or ' . experimental. Fitness Program Offers reduced membership rates at health clubs and discounts on certain home exercise equipment. ' Healthy Outlook Program° Helps coordinate the care for chronic conditions such as asthma, diabetes, coronary artery disease, heart failure, and low back pain. Informed Health°Line Provides 24-hour,toll-free access to current information on a variety ' of health-related topics, including prevention,self-care, chronic conditions, and complex medical situations. Callers can talk to registered nurses or access information confidentially through our • audio library,which offers 2000 topics in English and 1580 in ' Spanish. Member Health Education ; Offers outreach programs that provide preventive care, educational materials and reminders, as well as member-initiated educational _. programs. National Medical Excellenc& Helps eligible members access appropriate, covered treatment for Program solid organ®nd tissue transplants using Aetna's Institutes of Excellence network; may also include travel expenses for the ' member and a companion. Coordinates specialized treatment needed by members with certain rare or complicated conditions and assists members who are admitted to a hospital for emewency medical care when they are traveling temporarily outside the Lnited States. Vision One°discount Offers discounts on specific eye care services, from Vision One program participating providers and facilities, including discounts on lasik surgery(the laser vision corrective procedure). ' 06/15/2004 www.aetna.com Page 1 ' AGENDA ITEM#8E JULY 12,2004 City of Atlantic Beach Section[2] — Product Descriptions Women's Health for Life Offers direct access to network Ob/Gyns, genetic testing for Programs hereditary breast and ovarian cancers, infertility and breast cancer case management programs, maternity management, and more. - IOptional Features Employee Assistance Provides three programs (assessment and referral, solution-focused Program therapy, and telephone assessment)that customers can purchase directly from our preferred mental health vendors. 1 1 1 I 06/15/2004 www.aetna.com Page 2 II AGENDA ITEM#8E JULY 12,2004 I )(Aetna AETNA HEALTH LNC.POINT-OF-SERVICE PROGRAM Aetna Choice ILMO Flex/POS Flex Plan ATLANTIC BEACH CITY OF ' I ' FL In-,Nenvork FL Out-of-Network" 'll FINANCIAL Deductible: Single/Family N/A $500/$1,500 I Coinsurance N/A 70% Coinsurance Limit: Single/Family $2,000/S4,000 Lifetime Maximum Benefit N/A $5,000,000 I PRIMARY CARE PHYSICIAN VISITS Office Hours $15 copay 70%after deductible After Hours/Home Visits $15 copay 70%after deductible I SPECIALTY CARE Office Visits $35 copay 70%after deductible Diagnostic Outpatient Testing $35 copay 70%after deductible Phys,Occ,Speech Therapy $35 copay 70%after deductible ' SPU SURGERY $50 copay 70%after deductible HOSPITALIZATION $300/d to$1500 max 70%after deductible ' SKILLED NURSING FACILITY $300/d to$1500 max 70%after deductible EMERGENCY ROOM(copay waived if admitted) $100 copay $100 copay IURGENT CARE $50 copay HOME CARE No copay 70%after deductible, 120 visits I MATERNITY First OB Visit $35 copay 70%after deductible Hospital $300/D to$1500 max 70%after deductible I MENTAL HEALTH Inpatient $300/d to$1500/A,30 days70%after deductible, 30 days Outpatient $35 copayN,20 visits 50%after deductible,20 visits I SUBSTANCE ABUSE Detoxification $300/D to$1500 max 70%after deductible Inpatient Rehabilitation $300/d to$1500/A,30 days70%after deductible, 30 days Outpatient Detox/Rehabilitation $35/V,30 rehab visits 70%after deductible,44 visits IPREVENTIVE CARE Routine Eye Exam(per benefit schedule) $35 copay Not covered Routine Physicals $15 copay See Insurance Certificate ' Immunizations $15 copay See Insurance Certificate Routine Mammography $35 copay Covered(state-specific guidelines) Routine GYN Exam $35 copay Not covered I Pediatric Preventive Dental Exam Not Covered Not covered CHIROPRACTIC CARE $35 copayN,20 visits 70%after ded,$1000/yr(no limit in NY) ' PRESCRIPTIONS $10/$30/$50,30 Day ContraceptivesCovered 31-90 Day Supply(MOD only) $20/60/100 copay I *Member precertification required or benefits paid will be substantially reduced. 9560196 To receive maximum benefits,In-Network seMces must be provided by participating providers. IIn-Network benefits are provided byAetna Health Inc.'. Out-of-Network benefits are providd by Corporate Health Insurance Company'. MI benefits,exclusions and limitations are provided in accordance with the applicable Schedule of Benefits,Certificate of Coverage,Group Agreement,Group Insurance Certificate,and Group Policy. AGENDA ITEM#SE JULY 12,2004 IHet' AETNA HEALTH INC. POINT-OF-SERVICE PROGRAM Aetna Choice HMO Flex/POS Flex Plan ATLANTIC BEACH CITY OF ' FL fn-Network FL Out-of-Network* DURABLE MEDICAL EQUIPMENT No copay 70%after deductible MAX OUT OF POCKET(copay+coinsurance) Single/Family 51,500/$3,000 OPEN ACCESS No referrals needed I 111 1 I 1 I *Member precertification required or benefits paid will be substantially reduced. 9560196 To receive maximum benefits,hi-Network services must be provided by participating providers. ' In-Network benefits are provided by Aetna Health Inc.®. Out-of-Network benefits are provided by Corporate Health Insurance Company®. An benefits,exclusions and limitations are provided in accordance with the applicable Schedule of Benefits,Certificate of Coverage,Group Agreement,Group Insurance Certificate.and Group Policy. AGENDA ITEM#8E JULY 12,2004 ' City of Atlantic Beach Section [2] - Product Descriptions Aetna ChoiceTM Point Of Service® (POSh Products Traits Provider Network Yes PCP Required/Role PCP selection encouraged, but not required; PCP provides routine care; members can seek in-network covered services directly from their selected PCP, directly from other participating providers without a PCP referral, or by going out-of-network to licensed non- participating providers Member Cost Sharing PCP copay applies to all covered services rendered by the members selected PCP Specialist copay applies to all covered services rendered by a participating provider including a non-selected PCP In-network percentage copayment may be applied to inpatient hospitalization and outpatient surgery ' In-network plan deductible may apply to inpatient hospitalization and outpatient surgery ' Annual out-of-pocket maximum limits may apply Deductible/coinsurance applies to all out-of-network covered services Claim Forms Required Only for out-of-network services 1 Available Funding Options Full-risk prospectively rated, self-funded for 250+life customers Standard Features • ' Alternative Health Care Provides three programs that offer savings on alternative types of Programs health-related services (such as chiropractors and massage therapists); over-the-counter vitamins and nutritional supplements; and health- related products(such as aromatherapy and natural body care). ' External Review Policy Supplements our internal review process by allowing members, or their physicians on their behalf, to request external review when coverage is denied because it is deemed unnecessary, inappropriate,or ' experimental. Fitness Program : Offers reduced membership rates at health clubs and discounts on certain home exercise equipment. Healthy Outlook Program® Helps coordinate the care for chronic conditions such as asthma, diabetes, coronary artery disease, heart failure, and low back pain. Informed Health®Line . Provides 24-hour,toll-free access to current information on a variety of health-related topics, including prevention, self-care,chronic conditions, and complex medical situations. Callers can talk to registered nurses or access information confidentially through our audio library, which offers 2000 topics in English and 1580 in ' Spanish. Member Health Education Offers outreach programs that provide preventive care,educational materials and reminders, as well as member-initiated educational programs. ' 06/15/2004 www.aema.com Page 1 AGENDA ITEM#8E JULY 12,2004 !E City of Atlantic Beach Section[2] —Product Descriptions ■ National Medical Excellency Helps eligible members access appropriate, covered treatment for ■ Program solid organand tissue transplants using Aetna's Institutes of Excellence®network; may also include travel expenses for the member and a companion. Coordinates specialized treatment needed by members with certain rare or complicated conditions and assists members who are admitted to a hospital for emergency medical care when they are traveling temporarily outside the United States. Vision One®discount Offers discounts on specific eye care services, from Vision One program participating providers and facilities, including discounts on lasik surgery (the laser vision corrective procedure). Women's Health for Life Offers direct access to network Ob/Gyns, genetic testing for Programs hereditary breast and ovarian cancers, infertility and breast cancer case management programs,maternity management,and more. ' Optional Features Employee Assistance Provides three programs (assessment and referral, solution-focused Program therapy, and insight telephone assessment)that customers can purchase directly from our preferred mental health vendors. I 1 1 I I 06/15/2004 www.aetna.com Page 2 ' AGENDA ITEM#8F JULY 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Filling of City Clerk Position SUBMITTED BY: George Foster, Human Resource Manager DATE: July 6,2004 BACKGROUND: On September 1,2004, City Clerk Maureen King will be retiring after almost 19 years of City service. The City Clerk is appointed by, and works directly for the City Commission. The City Charter(see attached) states that the City Clerk "shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities . . ." and "shall serve at the pleasure of the city commission". ' BUDGET: Funds for this action are currently included within the budget. ACTION REQUESTED: In the past, the City Clerk's position has been handled under the same policies and procedures as other City employee; therefore, recommend: 1. That the City advertise for applicants to fill the City Clerk's ' position. 2. That the City's Clerk position be advertised at a starting salary range of$36,317 ($17.46/1u) to $47,814 ($22.98/h4 Note: Although the City Clerk position is an appointed position and not classified within the City's classification and pay plan,prior information has indicated that if included, it would be a Grade 21. 3. That the City Clerk's position be advertised utilizing the attached 1 Position Description. ATTACHMENTS: 1. City Charter, Article IV. The City Clerk 2. Proposed Position Description ' CITY MANAGER: AGENDA ITEM#8F JULY 12,2004 t CHARTER § 28 I ARTICLE W.THE. CITY CLERIC Sec. 28. Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to ' assure that all its enactments are effectively carried out.The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and ' (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with periodic reports as requested about the effectiveness and efficiency of the legislative programs of the city government; and (5) Serve as supervisor of election for city elections; and ' (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and ' (8) Conduct such other activities as may be specified by this Charter, the city code or the • city commission. ( (Ord. No. 28-93.3, § 1, 8-23-93) ' Supp.No. 14 9 AGENDA ITEM#8F JULY 12,2004 § 29 ATLANTIC BEACH CODE 1 t ' Sec. 29. Qualifications. The city clerk shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commis- sion. Applicants for the position of city clerk shall meet the following educational and experi- ence requirements: (1) At least a baccalaureate in Business Administration or a related field acceptable to the city commission from a college or university accredited by a recognized accredi- tation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the city commission; and ' (2) Two years of experience in public administration satisfactory to the city commission. (3) In lieuof the required baccalaureate degree, the city commission may in its discre- tion,accept four additional years of acceptable experience in public administration or a related field of public or private service. (Ord. No. 28-93-3, § 1, 8-23-93) ' Sec. 30. Removal of the city.clerk The city clerk shall serve at the pleasure of the city commission.The city commission may ' remove the city clerk by the affirmative vote of not less than three (3) of its members. (Ord. No. 28-93-3, § 1, 8-23-93) 1 Supp. No. 14 10 AGENDA ITEM #8F JULY 12,2004 City of Atlantic Beach Job Description (Completed by HR) Job Title: City Clerk New: Red: Reports to (Title): City Commission Job Code: N/A Department/Division: City Commission Grade: N/A Appointed Position ELSA: Exempt GENERAL SUMMARY: Performs complex skilled clerical, professional and intermediate administrative work as City Clerk; does related ' work as required. Work is performed under the general supervision of the City Commission and City Manager. Establishes and implement goals, objectives, and priorities for the City Clerk's Office; performs other complex administrative and clerical work of a diverse nature that may require in-depth knowledge of the organization, programs, policies and procedures of the assigned area and a general knowledge of other City programs. Work t involves decision-making ability, tact, composure, flexibility, communication skills, and management and supervisory ability. Supervises two administrative employees. DUTIES AND RESPONSIBILITIES: • Serves as Clerk to City Commission; • Prepares and maintains official City records and files; • Maintains and updates the City Code; • Conducts municipal elections; ' • Oversees preparation of an agenda with supporting documents for meetings of the City Commission • Attends all regular and special meetings of City Commission, takes notes and records official actions; • Prepares detailed minutes of meetings; ' • Disseminates information as necessary about activities, findings, or decisions of the City Commission; • Oversees preparation of an agenda with supporting documents for meetings of the Code Enforcement Board; • Prepares detailed minutes of Code Enforcement Board meetings and follows up as necessary with correspondence and findings of fact; • Attests official contracts and documents; • Prepares certifications and extracts from minutes; • Prepares legal advertising and official notification of City Commission meetings/public hearings; • Prepares and updates ordinances and resolutions; • Oversees records management, retention and destruction in accordance with state regulations; • Oversees document imaging program and maintains records index system; • Participates in and supervises the issuance of occupational licenses and lien certificates; • Coordinates voter registration activities with county election officials; ' • Performs clerical and office duties; operates standard office equipment including personal computer; • Handles all types of inquiries, questions, and requests for public records from other agencies and the general public including such from hostile and/or irate individuals; follows up as necessary; ' • Composes and types correspondence, uses PC-based word processing software to process letters, forms, reports, schedules, manuals, booklets, requisitions, and related paperwork; types information or enters data into computer; • Performs research; retrieves records and data for reports; assists in the preparation and maintenance of ' records; • Prepares City Tideviews newsletter; • Performs related duties as assigned. 1 ' 1 hP:oidpe\iyFiles`04-CommmMeerinysw- Staff-Report City Clerk PD Edoc AGENDA ITEM#8F JULY 12,2004 City of Atlantic Beach Job Description i Education and Experience: • Baccalaureate in Business Administration or a related field acceptable to the City Commission; • Two years of experience in public administration satisfactory to the City Commission; • In lieu of the required baccalaureate degree, the City Commission may, in its discretion, accept four additional years of acceptable experience in public administration or a related field of public or private service. Licenses and/or Certificates: None required. ' Knowledge, Skills, and Abilities: Thorough knowledge of the functions and organization of the City government; thorough knowledge of the rules of order related to public hearings; thorough knowledge of the City's Charter and City Code; general knowledge ' of voter registration laws and procedures; thorough knowledge of elections processes, procedures, laws, rules and regulations; thorough knowledge of standard office management practices, procedures, filing systems, equipment, and office assistance techniques. Knowledge of business English, spelling, grammar, composition, and arithmetic. Skill in the use of a personal computer. Ability to research and prepare correspondence including letters, memorandums, reports, and resolutions. Ability to maintain confidential information and materials. Ability to operate various office equipment such as typewriter, PC, copier, etc. Ability to take and transcribe dictation using recording and transcribing equipment. Ability to work independently, with little or no supervision, and under pressure with short deadlines. Ability to supervise a clerical staff. Ability to deal tactfully and courteously with other agencies, the public, and employees. Ability to handle all types of inquiries, questions, and complaints from other agencies and the general pubic to include such from hostile and/or irate individuals. Ability to follow-up as necessary. WORKING CONDITIONS: The physical conditions that apply to the Worker in this job are described as follows: X None: The worker is not substantially exposed to adverse environment conditions: job likely consists of typical office work or administrative work. The worker is subject to inside environmental conditions: protection from weather conditions but not necessarily from temperamental changes (i.e. warehouses, covered loading docks, garages, etc). The worker is subject to outside environmental conditions: no effective protection from the weather. ' The worker is subject to extreme cold: temperatures below 32 degrees for periods of more than one hour. The worker is subject to extreme heat: temperatures above 100 degrees for periods of more than one hour. The worker is subject to noise: there is sufficient noise to cause the workers to shout in order to be heard above the surrounding noise level. ' The worker is subject to vibration: exposure to oscillating movements of the extremities or whole body. The worker is subject to hazards: includes a variety of physical conditions, such as proximity to moving mechanical parts, electrical current, working on scaffolding and high places or exposure to chemicals. The worker is subject to atmospheric conditions: one or more of the following conditions that affect the respiratory system or the skin: fumes, odors, dust, mists, gases or poor ventilation. The worker is subject to oils: there is air and/or skin exposure to oils and other cutting fluids. The worker is required to wear a respirator. ' 2 HbIapcMyFiles\l4-Comm-Mee,inysW9.xx Staff-Report City Clerk PD 2.dnc AGENDA ITEM#8F JULY 12,2004 City of Atlantic Beach Job Description i PHYSICAL ACTIVIITES: Essential physical activities: Climbing Balancing Stooping Kneeling Crouching Crawling X Reaching X Standing X Walking Pushing Pulling Lifting X Fingering Grasping Feeling X Talking X l Hearing X Driving X Repetitive Motion Other (list): MATERIALS AND EQUIPMENT: Machines, tools, equipment, electronic devices, software, etc. used by position: ' Camera/photographic equipment Cleaning supplies Commercial vehicle X Data processing equipment Handcart Hand tools ' X Headset X Office equipment (desk, chair, phone, etc.) X Office machines (copier, facsimile, calculator, cash register, etc.) nl Office supplies (pens, staplers, pencils, etc.) Packaging materials (boxes, shrink wrap, etc.) X PC equipment (monitor, keyboard, printer, etc.) X PC software Public safety equipment (firearms, radar, radio, mobile video systems, etc.) Other (list): Dictaphone, scanner DISCLAIMER: The above information on this description has been designed to indicate the general nature and ' level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties and qualifications required of employees assigned to this job. For Office Use Only Initial Date: July 2004 Revision Date: n/a Previous Revision Date: n/a Previous Title: n/a 1 3 Hioldpc'MyFiles04-ConmMoeMeetings07-xx Staff-Report City Clerk PD Moe I AGENDA ITEM#8G JULY 12,2004 L ISTAFF REPORT City of Atlantic Beach Commission Meeting IAGENDA ITEM: Police Trainee Position Revision 1 DATE: June 22,2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS IBACKGROUND: I In September 2003,the City Commission approved the creation of a Police Trainee position for the police department. At that time,the position was limited to qualified applicants who possessed college degrees. If a candidate met the requirements,then s/he could be considered for a full-time paid positionwiththe police-department-while-attending thestate I — --- — -- - police academy training. In return, the applicant made a commitment to a minimum of 3 years service with the ABPD. Since that time, it has been recognized that that there are often applicants who possess experience and/or skills that make them good police candidates, even though they may not possess college degrees. Consequently,the police department is proposing that we expand I - the police trainee position to consider applicants that do not have college degrees. Additionally,a sliding pay scale is being recommended which will differentiate between ' police trainees based on educational levels. Trainees with a 4 year degree will earn slightly less than a starting patrol officer. Trainees with a 2 year degree will earn less than Trainees with 4 year degrees. Trainees without a college degree will earn less than Trainees with Idegrees. The essential motivation for the Trainee position has not changed. The competition for good I police candidates is significant, and the Trainee position allows the department to secure commitments for police service. The proposed changes to the Trainee position will allow the police department more flexibility in recruiting and retaining personnel. INote: The approval of these changes will not increase the number of positions in the police department. The total number of police positions will not change,and Trainees will only be I -- -----appointed when there are full-time police officer positions open. BUDGET: None IRECOMMENDATIONS: To approve the proposed Police Trainee position IATTACHMENTS: Police Trainee Position REVIEWED BY CITY MANAGER: IAG A ITEM NUMBER: tAGENDA ITEM#8G E` JULY 12,2004 ECity of Atlantic Beach Job Description I (Completed by FIR) 'I Job Title: Police Trainee New: HC Red: 1 Reports to (Title): Police Lieutenant Job Code: 50500 I Grade: Department/Division: Public Safety FLSA: Non-exempt IGENERAL SUMMARY: I The Police Trainee's primary responsibility is to attend Law Enforcement Certification training approved by the Florida Criminal Justice Standards and Training Commission. The Police Trainee's continuing employment with the City of Atlantic Beach is dependent on the successful completion of the certification training. The Police Department will assist the Police trainee with the selection and I enrollment into an appropriate course of study, and the Police Department will pay the education& expenses for the classes in addition to an hourly salary for the time spent in training. The Police Trainee will sign a written commitment that he/she will not voluntarily leave employment I with the Atlantic Beach Police Department within three (3) years of graduating from the certification training. DUTIES AND RESPONSIBILITIES: I The Police Trainee will attend the approved training in appropriate clothing, and at the dates and times established by the training center/academy/community college. The Police Trainee will be responsible for his/her transportation to and from the approved training center. The Police Trainee will maintain passing academic and practical test scores as established by the training I center/academy/community college. The Police Trainee will attend all scheduled training and maintain a professional attitude and appearance at all times. IThe Police Trainee will provide a weekly update, to his/her supervisor, discussing the trainee's performance and progress in the course of study. Any deficiencies or failures will be Identified In the updates. ' staff,During hea Police Trainee will conduct him/herself in a1on with the professonailraining manner at all center/academy/community college time. IMinimum Qualifications for Application: With the exception of the State required Basic Recruit Certification, applicants must successfully complete all requirements of the Atlantic Beach Police Department for a sworn, police officer position. Education and Experience: IA four(4) year Bachelor Degree or two (2)year Associates Degree from an accredited college or university preferably in a Criminal Justice or a related field (Psychology, Sociology, or Criminology), is preferred. IApplicants who have successfully completed all Atlantic Beach Police Department screening processes may ' be considered for appointment after a comprehensive review of their qualifications has been conducted,and t AGENDA ITEM N8G ` JULY 12,2004 LCity of Atlantic Beach Job Description I an appointment to the Trainee position has been recommended by the Chief of Police and approved by the City Manager. I The pay rates for Police Trainees will be established for each individual depending on his/her qualifications as follows: I (i) Four(41 year college degree Grade 18 (2) Two (21 year Associates Degree Grade 16 I (3) Other: Grade 14 I Licenses and/or Certificates: Must complete all requirements established by the State of Florida Criminal Justice Training and Standards Commission, and must successfully pass all Atlantic Beach hiring standards/tests I Must possess valid Driver's License and a satisfactory Motor Vehicle Record (MVR). Knowledge,Skills, and Abilities: I Knowledge and Skills to be acquired in training. Ability to analyze situations quickly and objectively to determine the proper course of action. Ability to cope with I situations tactfully, firmly, courteously, and with respect for the rights of others. Ability to react quickly and calmly in emergency situations. Ability to communicate effectively, both orally and in writing. Ability to interpret established rules, regulations, policies, and procedures. WORKING CONDITIONS: The physical conditions that apply to the Worker in this job are described as follows: None: The worker is not substantially exposed to adverse environment conditions: job likely consists I Of typical office work or administrative work. x The worker is subject to Inside environmental conditions: protection from weather conditions but Not necessarily from temperamental changes (i.e. warehouses, covered loading docks, g g I etc). X The worker is subject to outside environmental conditions: no effective protection from the weather. X The worker is subject to extreme cold: temperatures below 32 degrees for periods of more than One hour. X The worker is subject to extreme heat: temperatures above 100 degrees for periods of more than I One hour. The worker is subject to noise: there is sufficient noise to cause the workers to shout in order to be heard above the surrounding noise level. I The worker is subject to vibration: exposure to oscillating movements of the extremities or whole body. X The worker is subject to hazards: includes a variety of physical conditions, such as proximity to I moving vehicles on roadways, mechanical parts, electrical current, working on scaffolding and high places or chemicals. The worker is subject to atmospheric conditions: one or more of the following conditions that I affect the respiratory system or the skin: fumes, odors, dust, mists, gases or poor ventilation. The worker is subject to oils: there Is air and/or skin exposure to oils and other cutting fluids. The worker is required to wear a respirator. 1 2 E AGENDA ITEM#SG JULY 12,2004 L City of Atlantic Beach Job Description PHYSICAL ACTIVIITES: IEssential physical activities: X Climbing I X I Balancing X Stooping X Kneeling X Crouching X Crawling X Reaching X Standing X i Walking X Pushing X Pulling X Lifting X Fingering X Grasping X Feeling X Talking X Hearing X I Driving I X Repetitive Motion Other (list): I MATERIALS AND EQUIPMENT: Machines, tools, equipment, electronic devices, software, etc. used by position: X i Camera/photographic equipment ' X Cleaning supplies (for firearms) X Commercial vehicle X Data processing equipment ' 1 Handcart Hand tools I I I Headset X Office equipment (desk, chair, phone, etc.) X Office machines (copier, facsimile, calculator, cash register, etc.) I _I X I Office supplies (pens, staplers, pencils, etc.) Packaging materials (boxes, shrink wrap, etc.) X PC equipment (monitor, keyboard, printer, etc.) I X PC software X Public safety equipment (firearms, radar, radio, mobile video systems, etc.) X Other (list): OC spray, handcuffs, baton, gas mask IDISCLAIMER:The above Information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be Interpreted as a I comprehensive inventory of all duties and qualifications required of employees assigned to this job. For Office Use Only I Revision Date: June 22, 2004 Previous Revision Date: September 15, 2003 Previous Title: Police Trainee I I I I I 1 E AGENDA ITEM#9 JULY 12,2004 L July 2, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso Z:rty Manages ' SUBJECT: City M ger's Report ' Board Reception; Over the last couple of years, the City of Atlantic Beach has hosted a reception to express the city's appreciation to the members of the city's various boards and committees for their service. These receptions have been held in August of each year. It would be helpful to get feedback from the Commission as to whether or not you would like to continue to host these events in August and, if so, an appropriate date for the reception this year would be _Thursday night, August 26th . 1 1 1 1 1