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Agenda Packet 09-13-04 I I ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 13, 2004 Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of August 23, 2004 and the Special Called Meeting of September 4,2004 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from Previous Meetings A. Action on Resolution No. 04-07 approving the lease of parking space agreement for owners of Island Club Condominiums B. City Manager's Follow-up Report 4. Consent Agenda ' ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of the monthly report from the Building Department, report of new Occupational Licenses issued in August and Utility Sales Report for July(City ' Manager) B. Extend welding contract with Ace Fabrications LLC for one additional year at contract prices in Bid No. 0102-26 (City Manager) ' C. Extend point repair contract with Gruhn May, Inc. for one additional year at contract prices in Bid No. 0203-23 (City Manager) 5. Committee Reports 6. Action on Resolutions A. Resolution No. 04-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,ADOPTING BUDGET POLICIES AND PROVIDING AN EFFECTIVE DATE 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and First Reading ' AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2004 AND ENDING SEPTEMBER 30, 2005 1 1 I B. Ordinance No. 31-04-04 Public Hearing and Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND APPRAISAL REPORT(EAR) BASED t AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 -2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF ' CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE C. Ordinance No. 65-04-33 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, ' STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES SPECIFICALLY SECTION 19-1,INTERSECTIONS: SIGHT ' DISTANCE REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 75-04-16 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE CODE OF ORDINANCES,AND ADOPTING ' ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A: -- Acknowledge receipt of the Staff Report relative to Planned Unit Developments,and a copy of the city's PUD regulations and publications from the Planning Commissioner's Journal and the ICMA's Practice of Local Government Planning related to PUD's B. Discussion and action related to approve the Hurricane Policy change in compensation for City of Atlantic Beach employees identified as essential personnel and who are required to evacuate and stay at the designated shelter with the city workforce ' 9. City Manager A. City Manager's Report ' 10. Reports and/or requests from City Commissioners and City Attorney ' Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings, and,for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to ' the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda. ' In accordance with the Americans with Disabilities Act and Section 28626,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,September 10,2004. 2 I I MINUTES SPECIAL CALLED CITY COMMISSION MEETING SATURDAY, SEPTEMBER 4, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver ' Commissioner Paul B. Parsons Commissioner Sylvia N. Simmons Public Works Director Rick Carper ' Utility Director Donna Kaluzniak Human Resource Director George Foster ' ABSENT: Commissioner J. Dezmond Waters III Call to Order Mayor Meserve called the meeting to order at 11:05 a.m. Purpose of the Meeting The purpose of the Special Called Meeting was to update the Commissioners on the status of Hurricane Frances, review the city's Hurricane Plan, review the Mayor's and Commissioners' responsibilities ' during a disaster, and discuss any other issues related to the impending hurricane. ' Hurricane Frances City Manager Jim Hanson outlined the current forecast for Hurricane Forecast Frances, which was obtained from the National Hurricane Center. The ' Commissioners viewed the 11:00 a.m. update for the forecast storm track from an Internet connection in the Commission Chambers. City Manager Hanson relayed that the landfall was expected somewhere between ' midnight and 2:00 a.m. on Sunday morning, with the storm would coming closest to Duval County on Sunday afternoon. It was reported that the National Hurricane Center had forecasted tropical storm winds at the Duval County beaches to be in the 40 to 50 m.p.h. range with occasional gusts going above that and winds inland in the 25 to 35 m.p.h. range. It was also reported that the current rain forecast called for five inches at the beaches, ' and there was no significant storm surge estimated on the oceanfront even though the St. Johns River was expected to rise because of the hurricane. ' Overview of the City's Public Safety Director Thompson provided an overview of the city's Hurricane Plan hurricane plan. Discussion ensued concerning the way the city was to be organized for hurricane response, which included the Incident Command ' System or ICS, operation of the city's emergency shelter at Keman Trail Elementary School, including the city's responsibility to man the shelter for I Se.tember 4 2004 SPECIAL CALLED COMMISSION MEETING Pat e2 public use, and provisions of the plan that required all employees to be present at the city shelter unless they had received a prior written exemption from the City Manager. Commission Mayor Meserve outlined the responsibilities of the Mayor and Responsibilites in a Commissioners in connection with a disaster such as the impending Disaster Hurricane Frances. The roles of the Mayor and the Mayor Pro Tem to be present at the Jacksonville Emergency Operation Center(EOC) and to collaborate on major decisions such as possible evacuations relating to ' hurricanes were explained. The Mayor also summarized the meeting held at 7:00a.m. that morning in the Jacksonville EOC and the decision not to call for an evacuation or for the opening of shelters in Duval County. Hurricane Related City Manager Hanson raised a concern over the city's present policy for Issues payment of employees for their time while spent at the emergency shelter. ' He explained the current policy included a payment provision that all employees would receive $5.15 per hour(minimum wage) for any time spent at the shelter, unless they were required to perform city related duties ' in which case they would receive normal regular pay. It was explained that any employees regularly scheduled to work during those hours would receive their regular rate of pay. City Manger Hanson pointed out that several other beaches cities were paying their employees considerably more for their time spent at shelters after an evacuation had been called, and he believed the current rate of pay listed in the city's hurricane policy was too ' low. He recommended a revised policy that employees receive a regular rate of pay for all hours spent at the city shelter and that any employees required to work for the city would be eligible for overtime pay for those ' hours spent working. He recommended that this policy also apply for exempt employees to receive their regular rate of pay,but not overtime. The City Manager did not believe he should be eligible for this extra pay or any additional compensation as a result of hurricanes. Human Resource Director Foster reported a worse-case cost estimate for ' shelter pay under the City Manager's proposal to be approximately$80,000, and indicated this included a 20%benefit estimate and an assumption that all hourly employees were working for a full twenty-four hours at the city shelter. The estimate also included compensation for all exempt staff at regular hourly rates. Discussion ensued concerning the proposed changes. The Commissioners generally expressed approval of the proposed amendments to the hurricane ' policy and recommended that amendments be brought to them for approval at a regular city commission meeting. Commissioner Simmons requested that a resolution be prepared thanking employees for their hard work in connection with Hurricane Frances, E I September 4, 2004 SPECIAL CALLED COMMISSION MEETING Pape 3 including distribution of hurricane passes and the expected extra duty required from the Police, Public Works, Utilities and other departments. ' Commissioner Beaver requested that city staff consider leasing satellite phones as an extra means of communication after a hurricane in case land- lines and cell phones were not functional. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 12:30pm. John Meserve, Mayor/Presiding Officer ATTEST: Jim Hanson Interim Municipal Clerk I 1 I 1 1 1 1 I I ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 13,2004 Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of August 23, 2004 and the Special Called Meeting of September 4, 2004 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from Previous Meetings A. Action on Resolution No. 04-07 approving the lease of parking space agreement for owners of Island Club Condominiums B. City Manager's Follow-up Report 4. Consent Agenda ' ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly reports from Building Department, report of new Occupational Licenses issued in August and Utility Sales Report for July(City Manager) B. Extend welding contract with Ace Fabrications LLC for one additional year at contract prices in Bid No. 0102-26 (City Manager) ' C. Extend point repair contract with Griffin May, Inc. for one additional year at contract prices in Bid No. 0203-23 (City Manager) ' 5. Committee Reports 6. Action on Resolutions ' A. Resolution No. 04-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, ADOPTING BUDGET POLICIES AND PROVIDING AN EFFECTIVE DATE ' 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and First Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ' ENDING SEPTEMBER 30, 2005 iI I B. Ordinance No. 31-04-04 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005 FUTURE LAND USE MAP,AS ADOPTED BY ORDINANCE 95-90-48,AS AMENDED, SAID ORDINANCE ' ADOPTING EVALUATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GOALS,OBJECTIVES AND POLICIES (GOPS)OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 -2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF ' CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE C. Ordinance No. 65-04-33 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, ' STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS: SIGHT ' DISTANCE REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 75-04-16 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE ' 8. Miscellaneous Business A.-- Acknowledge receipt of the Staff Report relative to Planned Unit Developments and copies of the city's PUD regulations and publications from the Planning Commissioner's Journal ' and the ICMA's Practice of Local Government Planning related to PUD's B. Discussion and action related to approve the Hurricane Policy change in compensation for City of Atlantic Beach employees who are identified as essential personnel and who are required to evacuate and stay at the designated shelter with the city workforce 9. City Manager A. City Manager's Report ' 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such ' person may need a record of the proceedings,and, for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to ' the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,September 10,2004. 1 2 I I MINUTES REGULAR CITY COMMISSION MEETING AUGUST 23, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern Richard Beaver City Clerk Maureen King Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III ' ABSENT: Commissioner Paul B. Parsons Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of August 9, 2004 Motion: Approve Minutes of the Regular Meeting of August 9, 2004 as presented. Moved by Waters,seconded by Simmons Votes: ' Aye: 4—Beaver, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Former Commissioner Mike Borno of 223 Oceanforest Drive North inquired if the property owners at Island Condominiums (Item 3A)had contacted the Cloisters Condominium concerning leasing parking spaces from them. He also inquired if the Johnston Island rezoning was covered under Ordinance 31-04-04. The Mayor responded that Johnston Island was not covered under that ordinance. Sandy Forsyth of 2345 Seminole Reach Court opposed the leasing of parking spaces to the residents of Island Club Condominiums (Item 3A). ' He believed the leasing of the spaces at the proposed rate of$300 per year could result in legal issues with other residents of the city who might want to lease spaces at the same rate. Mr. Forsyth stated he had written the Mayor and offered to lease the ten spaces at double the proposed rate. Mr. 1 I ' Aueust 23, 2004 REGULAR COMMISSION MEETING Page 2 t Forsyth stated that he needed more information concerning Item 8A before commenting and inquired concerning the status of the Skate Park. Jim Shepherd of 2252Oceanwalk Drive West urged the Commission to take no action on Item 8A until the development plan for the property was known and could be reviewed by the public. ' Mayor Meserve commented that no plans had been presented to the city. He indicated that the developer had not "threatened" the city, and at the last meeting it was only mentioned how the property could be developed under the City of Jacksonville zoning regulations. ' Gretchen Hoss of 2361 Oceanwalk Drive West requested that public hearings be scheduled relative to Item 8A. t Steve Litton of 1913 Selva Marina Drive opposed annexation of the property(Item 8A) due to increased traffic. He also expressed concern for what effect development of the property would have on the wetlands and ' drainage in his area since the property drains into the wetlands on the west side of Selva Marina Drive. He believed the Mayport area needed the . - economic opportunity afforded by the proposed development more than the City of Atlantic Beach. Mary Lee Heaton of 1601 Selva Marina Drive also opposed the ' annexation of the property due to increased traffic. She indicated that her area was a neighborhood community with pedestrians, bicyclists and skateboarders regularly using the street. She believed development would bring truck traffic and dirt to her neighborhood. Peter Sapia of 1655 Selva Marina Drive stated he needed the facts and ' figures relative to the proposed development before deciding if he was for or against the project. He believed the Commission's decision should be based on facts not on the wishes of a minority who attend the meetings. He urged the Commissioners to consider all of the facts before making any decision. Michael Sheklin of 1985 Brista De Mar Circle stated that his experience with the developer of the proposed project, (Item 8A)was unfavorable, and ' he was opposed to the development. Sharon Scholl of 2049 Selva Marina Drive read an excerpt from Ordinance No. 65-88-18 which closed a portion of Old Sherry Drive, and inquired if the closed street was given to the adjacent property owners. Ms. Scholl also provided copies of a USGS map showing the southeast portion of the property to be wetlands and also provided photographs of the I August 23, 2004 REGULAR COMMISSION MEETING Page 3 property. She believed the city should not make any decisions regarding the property until the St. Johns River Water Management District (SJRWMD) made their determination concerning the wetlands. ' Vivian Timmerman of 1830 Sevilla Boulevard, representing the Sevilla Condominium owners' association, stated they were opposed to the development. ' Doug Speed of 1207 Seminole Road stated he was opposed to the extension of the road and development because of the increased traffic and ' the potential to create a cut-through to Mayport Road. He recounted that when Fleet Landing was proposed, he was against that project and thought that the rear entrance from Fleet Landing, which is located on Selva Marina Drive, was supposed to be used only as an emergency exit. He indicated that the residents now use the exit on a regular basis and it was often used ' for deliveries. Mr. Speed believed the Commissioners should not even consider the project. ' Harold Brodeur of 1965 Sevilla Boulevard West stated he would like to have more details on the proposed development, such as the number of houses, etc. He also expressed concern regarding increased traffic. ' Jodi Theophelis of 457 Snapping Turtle West stated that her property abutted the proposed development and given the choice she would prefer an ' upscale residential development. Thomas Grant of 1909 Selva Marina Drive stated that he bought his ' property in a quiet residential neighborhood to raise a family and he would like it to stay that way. Mr. Grant indicated that people already speed on Selva Marina Drive and the development would bring increased traffic to the area. Mayor Meserve explained the annexation process and stated that at the present, there was no access from the property into Atlantic Beach. He further stated that the property could not be landlocked and the developer _ would have to get access to the property from either Mayport Road or the ' City of Atlantic Beach. The Mayor further stated that it was his understanding that ten of the twenty-seven acres were buildable and the property was zoned at twenty units per acre, which could be applied against ' the entire parcel. He indicated that if the developer wanted to make a presentation to the Commission, a public hearing would be held at that time to answer questions. He indicated that the Commission had to consider ' what would be best for the entire city and he assured those present that the meeting would be well noticed and held at another location, if needed. I August 23. 2004 REGULAR COMMISSION MEETING Page 4 Mayor Meserve called a two-minute recess and reconvened the meeting at 8:00 p.m. Special Recognition ' Mayor Meserve read a Resolution from the Florida Association of City Clerks (FACC) honoring Maureen King for her years of service as City Clerk. Resolution No. 04-08 ' A RESOLUTION OF THE CITY COMMISSION OF ATLANTIC BEACH,FLORIDA, HONORING MAUREEN KING FOR HER YEARS OF SERVICE AS THE EXECUTIVE SECRETARY AND ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER AND AS THE CITY CLERK FOR THE CITY AND CITIZENS OF ' ATLANTIC BEACH Motion: Adopt Resolution No. 04-08. ' Mayor Meserve read the resolution and commended City Clerk King for the responsible,professional and courteous manner she always conducted the ' business of her office. The Mayor presented Mrs. King the framed resolution and an engraved clock in appreciation for her work. ' Mrs. King expressed gratitude for the honors and stated it was a privilege to serve as City Clerk. She urged the Commissioners to select a replacement for her position who would consider the position of City Clerk not just a job, but also a career. Moved by Beaver, seconded by Simmons t Votes: Aye: 4—Beaver,Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. Action on Resolution No. 04-07 approving the lease of parking space agreement for owners of Island Club Condominiums Commissioner Waters suggested that action on this item be postponed to the next meeting since Commissioner Parsons was absent and Mr. Curry of the 1 Island Club Condominiums homeowners association was unable to attend the meeting. I I ' August 23, 2004 REGULAR COMMISSION MEETING Pate 5 ' Motion: Defer action on Resolution No. 04-07 until the September 13, 2004 Regular Commission Meeting. ' Moved by Waters, seconded by Simmons Votes: Aye: 4—Beaver, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' B. City Manager's Follow-up Report City Manager Hanson summarized his written report. A copy of the report ' is attached and made part of this official record as Attachment A. In response to Mr. Speed's comments, Mayor Meserve stated that when Fleet Landing was being developed, it was stated that Fleet Landing would not be a cut through for traffic between Mayport Road and the Selva Marina area. He indicated that it had always been intended that residents, as well as police and fire vehicles would use the Selva Marina Drive entrance. Consent Agenda 4. Consent Agenda Commissioners Beaver and Waters requested that Agenda Items 4A and 4E respectively, be removed from the Consent Agenda for discussion. 1 B. Award a contract to Walding Co. in the amount of$107,723.00 for drainage improvements at George and Dudly Streets (CDBG project—Bid No. 0304-10) (City Manager) C. Extend the contract with Brooks and Limbaugh Electric Co., Inc. for Electrical Troubleshooting and Repair for one additional year at the current contract prices (Bid No. 0203-21) (City Manager) D. Extend the contract with Equitas Sewer Services, Inc. for Sewer ' Cleaning and televising for one additional year at the current contract prices (Bid No. 0203-14)(City Manager) _ F. Award the contract to Control Design, Inc. for Lift Station SCADA in the amount of$90,810.50 (City Manager) ' Motion: Approve Consent Agenda Items B, C, D and F as presented. Moved by Waters, seconded by Simmons Votes: Aye: 4—Beaver, Simmons, Waters,Meserve Nay: 0 MOTION CARRIED 1 I August 23. 2004 REGULAR COMMISSION MEETING Page 6 ' A. Acknowledge receipt of the Monthly Financial Report and Building Activity Report for the month of July (City Manager) Commissioner Beaver complimented Finance Director VanLiere and staff for the well-written, monthly financial report. He believed the report would very useful for keeping the Commissioners and citizens informed on the financial status of the city. Motion: Approve Consent Agenda Item A as presented. ' Moved by Beaver, seconded by Waters Votes: ' Aye: 4—Beaver, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Reject the sole bid received for Headworks Improvements at Wastewater Plan #2 (Bid No. 0304-9) Commissioner Waters inquired if staff thought that rebidding the project would result in a lower price. Utility Director Kaluzniak explained the project and indicated that two contractors had prequalified, but only one had bid on the project. She indicated that the cost would not be known until the project was rebid. City Manager Hanson stated that the current bid price was too much for this type of project. ' Motion: Approve Consent Agenda Item E as recommended. Moved by Waters,seconded by Simmons Votes: ' Aye: 4—Beaver, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Committee Reports 5. Committee Reports ' None. Resolutions 6. Action on Resolutions A. Resolution No. 04-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND I August 23, 2004 REGULAR COMMISSION MEETING Page 7 THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Resolution No. 04-09. Commissioner Simmons inquired if the Florida Department of ' Transportation(FDOT) was responsible for maintenance of the grassy strip between the sidewalk and curb on Atlantic Boulevard. She indicated that the grass in that area had been replaced but looked dead. ' Public Works Director Carper stated that the FDOT was responsible and he had been informed that the grass would come back. He indicated that the ' FDOT would replace any sod that died. Moved by Beaver,seconded by Simmons Votes: Aye: 4—Beaver, Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED Action on Ordinances 7. Action on Ordinances ' A. Ordinance No. 31-04-04 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005 ' FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90- 48,AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE ' GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; ' AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE. (Second reading and Adoption Public Hearing scheduled for September ' 13, 2004) Mayor Meserve read the ordinance by title only and stated that the final ' reading and public hearing for the ordinance would be September 13, 2004. ' Commissioner Waters inquired concerning the map and Community Development Director Doerr stated that the map previously given to the Commissioners could be used and they would receive a final map at the next ' meeting. Mayor Meserve inquired concerning a small sliver-like parcel designated ' Conservation lands near Fleet Landing. Community Development Director Doerr indicated that it would be changed to medium density residential. I August 23, 2004 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 31-04-04 on first reading. Moved by Waters, seconded by Simmons ' Votes: Aye: 4 —Beaver, Simmons, Waters,Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 65-04-33 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE ' NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS: ' SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only and stated that the final reading and public hearing for the ordinance would be September 13,2004. Commissioner Beaver commented that currently there were numerous properties that did not comply with the intersection sight distance ' requirements of the ordinance and he inquired as to how it would be monitored. ' Community Development Director Doerr indicated that the requirements would be monitored through the site plan review and permitting processes. Motion: Approve Ordinance No. 65-04-33 on first reading. Moved by Simmons,seconded by Waters ' Votes: Aye: 4—Beaver, Simmons, Waters, Meserve _ Nay: 0 ' MOTION CARRIED C. Ordinance No. 75-04-16 Introduction and First Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE ' CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16 PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE 1 I ' August 23, 2004 REGULAR COMMISSION MEETING Page 9 Mayor Meserve read the ordinance by title only and stated that the final reading and public hearing for the ordinance would be September 13,2004. Motion: Approve Ordinance No. 75-04-16 on first reading. Commissioner Waters inquired concerning prohibiting overnight parking of ' vehicles in public parks. City Manager Hanson responded that it was covered in current ordinances. ' Moved by Simmons, seconded by Waters Votes: Aye: 4—Beaver, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Discussion and possible action related to proposed development site within the City of Jacksonville, which is contiguous to the ' City of Atlantic Beach (north of the Fleet Landing PUD and west of the Ocean Walk PUD) This item was taken out of sequence and discussed earlier in the meeting. No action was taken. Commissioner Beaver suggested staff investigate land locked property, drainage and wetlands, and what the City of Jacksonville zoning would allow to be built on the property. ' B. Authorize the City Manager to serve as interim City Clerk until a Motion: AuthorizenewCityClerk the Cityisappointed Manager to serve as interim City Clerk ' until a new City Clerk is appointed. Mayor Meserve briefly explained the request and indicated the City Commission would take an active roll in the selection of the new City ' Clerk. t Moved by Beaver, seconded by Waters Votes: Aye: 4—Beaver, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 9. City Manager I ' August 23. 2004 REGULAR COMMISSION MEETING Page 10 A. City Manager's 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 B. ' City Manager Hanson also reported that the palm tree located in front of Al's Pizza, which was damaged during a recent storm, would be replaced as soon as one could be obtained. ' Hurricane Charley ' Chief Thompson reported that he had accompanied five Atlantic Beach police officers on a trip to Wachula in Hardee County in response to the mutual aid request from counties in southwest Florida hard hit by the ' hurricane. Chief Thompson displayed photographs of the devastation and commented on the hardships facing the residents. t Mayor Meserve inquired if there was a central clearinghouse to find out what items were needed. Chief Thompson believed the American Red Cross was the best agency to contact for distribution of needed items. He also suggested contacting the Emergency Operation Center for more information. City Manager Hanson also commented on the following: Johnston Island development should be back on the agenda for the September 13th meeting. The city will soon be able to accept credit card payments for utility payments. Reminded the Commissioners that the reception honoring the city's ' volunteers would be held at 6:30 p.m. on Thursday, August 26th at the Sea Turtle Inn. tReports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney ' City Attorney City Attorney ' City Attorney Jensen stated that he had worked with City Clerk King for more than sixteen years and would greatly miss her presence in the office. He extended his best wishes for a happy retirement. 1 I August 23, 2004 REGULAR COMMISSION MEETING Page 11 ' City Clerk King City Clerk King read, with humor, a list of the top ten things she would ' miss from her days serving as City Clerk. Commissioner Beaver ' Reported on the damage he witnessed in Central and South Florida caused by Hurricane Charley and reminded everyone to take evacuation ' orders seriously. Commended Maureen King for her work as City Clerk. ' Commissioner Simmons C. Commented that the palm tree that fell down in front of Al's Pizza was hit by a car earlier in the year and inquired if the accident contributed to its demise. 1 • Stated that she had worked with City Clerk King as a Community Activist, a Candidate and as a Commissioner, and thanked her for all of her wisdom, expertise and assistance with the paperwork when she was a candidate. ' Mayor Meserve Inquired on grading the city's emergency preparedness efforts during ' Hurricane Charley and requested Chief Thompson's comments. Chief Thompson replied that good decisions were made, but the city also got lucky in that the storm shifted to the southeast. He indicated that Department Heads would be meeting during the week to discuss what worked and what could have been done better. Chief Thompson indicated that he had contacted the local EOC and encouraged them to go South Florida to fmd out what worked as far as coordination. He indicated that his personal time spent in Wachula provided a learning experience for what worked and did not work. Mayor Meserve inquired if recovery operations could be planned. Chief Thompson responded that there was a plan, but the city must remain flexible and be able to adjust and adapt as the recovery progresses. Commissioner Beaver commented that tree clearing and reinstalling power lines were priorities and these efforts were coordinated through the local EOC. I 1 ' August 23, 2004 REGULAR COMMISSION MEETING Page 12 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:15 p.m. 1 John Meserve, Mayor/Presiding Officer ATTEST: 1 Jim Hanson ' Interim Municipal Clerk 1 1 1 1 i 1 1 1 1 1 1 1 i AGENDA ITEM#3A ALAN C.JENSEN SEPTEMBER 13,2004 Attorney at Law 935 North Third Street Poet Office Box 51457 Jacksonville Beach,Florida 32240-4457 Telephone(904)246-2500 Facshnile(904)246-9960 E-Mail: AJenseu niaw®aol.com July 14, 2004 BY HAND DELIVERY James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Island Club Condominiums-Lease of Parking Space ' Dear Jim: I have revised Resolution No. 04-07 and the Lease of Parking Space Agreement in accordance with ' the directions from the City Commission at the meeting held July 12, 2004. The originals and copies of both documents am enclosed, and I would appreciate you forwarding the originals to Maureen King for use at the next regularly scheduled Commission meeting on July 26, 2004. Please note the Lease Agreement refers in paragraph 1 to an Exhibit A, which is a document I don't have, and I understand you have this document and will attach it to the Lease Agreement. ' I also enclose for your information and that of the City Commissioners, copies of Section 281, Lease By Municipality of Municipally Owned Property, from Florida Jurisprudence, Second ' Edition, in which I have highlighted a certain portion regarding no bonds being issued and no public fund expended, as well as a copy of Attorney General Opinion 97-34 regarding leasing a portion of a City's airport property to a private individual. And finally, I enclose a copy of the City of West Palm Beach v. Williams case, a Florida Supreme Court decision cited as: 291 So. 2°' 572, which is referenced in the Attorney General Opinion. ' Asa result of my research into this matter, it is my opinion that the City has the authority to lease its property if that property is not currently needed for municipal purposes. Therefore, if the City Commission makes a determination that the 10 parking spaces on 10e Street they am considering ' leasing to the owner of Island Club Condominiums are not currently needed for municipal purposes, and the commission is in part making that decision in part because of the more than ten additional spaces which are being created at Mandalay Park, and those are also public spaces for 1 AGENDA ITEM#34 SEPTEMBER 13,2004 ' beach access, then it is my opinion the City can proceed with leasing of the spaces to the Island Club Condominium owners, pursuant to all the terms of the Resolution and the J nse of Parking Space Agreement. Obviously the Resolution No. 04-07 must be passed to provide the legislative authority for the City to enter into the parking space leases. ' If you have any questions regarding the above or need any further or additional information, please don't hesitate to contact me. V- , truly yours, lir ALAN SENA ' Enclosures ACJ/tdb 1 1 1 1 t AGENDA ITEM#3A SEPTEMBER 13,2004 RE COT TTTTON NO 04-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE J,FASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THP 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 located at Island Club Condominiums which is on 10th Street located east of Beach Avenue, are totally ' dependent upon public parking spaces on 101h Street for their residential parking needs, and WHEREAS, the City of Atlantic Beach bas reached an agreement with Island Club Condominiums to lyase certain of the public parking spaces on 10th Street immediately adjacent to the - condominiums for use by the owners of the condominiums for their residential parking needs, and WHFREAS, 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 WHFREAS,the parking spares being leased are on property owned by the City and by virtue of the City identifying and completing more than ten(10)new public parking spaces at Mandalay pars for beach access, said property is not currently needed for any municipal purposes. ' NOW THEREFORE,BE IT RESOLVED: SF' ETON 1 The City of Atlantic Beach does hereby agree to lease certain public parking spaces on 10 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 Ageement, a copy of which is att,rhed hereto. The City of Mantic Beach hereby approves said Lease of Parking Space Agreeu t Additional conditions that shall apply to the lease of these public 'parking spaces are as follows: ' (a) The more than ten (10) new public parking spaces at Mandalay Parkshall be completed and ready for use pour to the leased spaces on 101h Street being marked and the lease agreements for said spaces being signed. • 1 (b) Payments received from the lease of spaces on 10th Street shall be applied to the construction of the new spaces at Mandalay Park, until the total cost of said construction is recovered. (c) All owners of units at Island Club Condominiums roust participate in the leasing arrangement and sign a Lease of Parking Space Ageement. ' (d) The ten(10) lease spaces on 10th Street shall be contiguous and located at the west end of the block,furthest away from the ocean. ' (e) All vehicles using the leased spaces shall be registered with the City. (f) All signs and signage shall be uniform and shall be provided by the City. SECTION 7 The City Manager is hereby authorized to sign on behalf of City of Atlantic Beach the Lease of Parking Space Ageements for the respective owners of the Island Club Condominium unit owners. AGENDA ITEM#3A SEPTEMBER 13,2004 1 SECTION 3. This resolution shall become effective immediately upon its final passage and ' adoption by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this day of 2004. 1 ATTEST: Jim Hanson John S.Meserve Interim City Clerk Mayor, Presiding Officer ' Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney 1 1 1 AGENDA ITEM#3A SEPTEMBER 13,2004 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# lath Street, Atlantic Beach, Florida, 32233 ("Tenant"). 1 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 ' WRFREAS, 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 1 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 1 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 parking spaces available for use at his or her condominium unit, including ' those public spaces immediately adjacent tothe 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 has created more than ten (10) additional public parking ' spaces at Mandalay Park for beach access that replacethe spaces on 10th Street east of Beach Avenue which will be leased to private property owners at Island Club Condominium. 1 1 I AGENDA ITEM#3A SEPTEMBER 13,2004 I INOW 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 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 October 1, 2004, ' and ending September 30, 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 October31, 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 City 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, I 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 Iconnection with his or her residence at Island Club Condominium (e) Tenant shall register his or her vehicles with the City. I (f) All owners of units at Island Club Condominiums must participate in the leasing arrangement and sign a Lease of Parking Space Agreement. I2. 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. I4. 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. 2 I AGENDA ITEM#3A SEPTEMBER 13,2004 I 5. The covenants and agreements herein contained shall, subject to the terms of this lease, bind and inure the benefit of City and Tenant, their successors and assigns, except as otherwise may be provided herein. 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. • I 7. After the expiration of the initial one (1) year specified in paragraph I 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 tax digest_ 8. This lease cont ins 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. I IN WITNESS WHFREOF, the parties have hereunto set their hands the day and Iyear first above written. CITY OF ATLANTIC BEACH,FLORIDA 111 By: Witness print name: James R Hanson, City Manager I Attest: Witness print name: Maureen King, City Clerk - 1 TENANT: • 1 Witness print name: I Witness print name: 3 AGENDA ITEM#3B SEPTEMBER 13,2004 1 September 8, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hans. . SUBJECT: Follow .p Report Policy on Enforcement of Safety Zone Requirements; Some questions were asked at the last commission meeting about the ordinance amending Chapter 19 about how the city's Public Safety Department would enforce the newly revised provisions of Section 19-5 for safety zones. The Public Safety Department does not intend to apply the new standards retroactively and require removal of existing items in the newly created safety zones unless they create a clear and present public safety hazard. Such a hazard may be defined as"a set of conditions that endanger/imperil citizens who are engaged in lawful, reasonable, and normal activities in a public place." Because it is not possible to identify and articulate every possible public safety ' hazard that may arise, the Department may be required to exercise judgment in applying this definition. ' If and when the new ordinance becomes effective, the Department will video-record the streets and roadways throughout the city,to provide a record of the existing conditions in the safety zones. No prohibited items will be allowed to be placed in the safety zones after the effective date of the ordinance. In most cases when violations arise,the Department will contact the property owners to request ' voluntary compliance and correction. If voluntary compliance is not achieved then the city may correct the problem and charge the property owners consistent with this section of the code. In rare cases, when the hazard to public safety is very high, the Department may have the corrections made immediately to protect lives and property, and charge the property owners for the expense consistent with the code. ' Signs at BP Station; The Commission asked on a couple of occasions about the signs for the service station at the intersection of Plaza Drive and Mayport Road. The Amoco station had been converted to a BP station, but the freestanding signs had not been replaced in accordance ' with city codes. It is reported at the last meeting that letters had been sent to the owners of the station requesting that they comply with the new city sign regulations. Alex Sherrer spoke with their representatives recently and was assured that they planned to remove the old sign and replace it with a new one that meets our regulations within the next couple of weeks. i ' AGENDA ITEM#4A SEPTEMBER 13,2004 IZ . I I O ^I � � rl Z2 .N- e v � ZE mIIN Fe • IN I1- n1r OI Qr •cw i al g 1 a 0. z n a WQ OU i- IOI I Jm O , UzO00ZIWoN NW _Z F O ' lij Z NIO D f z WO 2y7 J J 'r0 i- • UI �� yr' > . ' oOJJ WKN oo315 2 LI own.a Im U W16 , H f _ mNoLL F KO? 0 l' 7 I O 0 00100 0 I O Op o O p' p - p o Opp O' O W 010 O O O O W 000000 p O O O p O CL co QS -Im ' 0S. ; O W o eon o LU Q O d O N 0 CO Q O A b 0• 1%- ...,.. N H O Q Nl N A 01iN O M! 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( . ) I ! ; . w. : 0101 ) },) ) a ) I ) 0101 U)C <0.1 ( ; | : 0101ULM (;] 0 , 1: , , ., , C. 0]0 ; ` : 0. r � :}` 0s .1S0 � 0>u �, !:U ;:: ; C. ;., ,, . ,; :.; , , _ ,_ ,a, , ! _�U ,__ � ;( :; 01! `:) !;N :°N `N „ .` ` ,: ,,, 0010) ,,, :r: !, ;§, ;., �_, _01 ,._ ,,� .;_ _ ;: ]F-, :,, „..k, , ,! I . , \ E "1 w` =” \ \\ \\ \\ w == == b: >" `, 2201 a0 a. 20a :; _°; _`a :,0; (;; )o) }}( D., )U)) : !; 00. 0)0, >:. ,:: !!! ,. !_. ,;. !_. ., . . . a0a \ , , , , , , , , , , , , , I AGENDA ITEM#4A ' SEPTEMBER 13,2004 1 ca1 I 1 i ' m a a a a a a a I ^ Z — m m d 14 .0 a 40 V €W. m 4 m , a 'd a > 4 c ' Ei2 3S 9 d dN> €a i N t N 40.1 F4 iso- z FQ z4`2' 32 2NCo z • ' "" o� €N ama a xm zm a3 'Um m€ a€. -. * .810 1 0 . . m a 0)N mym CNN 4.14 yam •-4M = 3=m m°z Uzm CC- . u9. ;"s 22Ejrt, a y Z 22 VA Ent f 010, €ma La <m, a mm 2. 1104 E.4 4Ina dma ae(a F.a a a , 0 0 0 0 0 a IAGENDA ITEM#4A SEPTEMBER 13,2004 I City of Atlantic Beach, Fl. IUtility Sales Report I . , ., ,,, , , ,.,. July 2004 July 2003 I P:t1:. I I:ti....c.r,A e-csttz1/444ftE illr.t zawkii":,-).":, -tts.:*„:.:*4..:itgir...A.v c-Thydritris.t:. Gallons Actual Revenue 1,4 Gallons Actual Revenue Water Sales Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 01 1t:'‘M,'"'Ir'''*'"Pli ,,,tiOi.:t.;"4,r 1,:r 41-r,7",:nrP/TneMrittW it,,...i.:"1 'ti"44E-.?•:Mat?-4..x.:..!.:q IAtlantic Beach 5,472 53500 $104,451 $1.95 5,376 55,106 $105,557 $1.92 Buccaneer 2,685 29,054 $68,098 $2.34 2,584 33,132 $72,392 $2.18 Total Water Sales 8,157 82,554 $172,549 $2.09 7,960 88,238 $177,949 $2.02 r ifel...ff: WerftWa:Bir."-M '77#1..,e,11.: ::1:‘,i,;2 'neiu.cr#: WeAtzlIF,,,41.1........;7!,A. •,,, '7...:vv.*.4.:.,- ,yiu,.:c:;7::: Water Plant Production '4%1? ,k0.,4Y.:::_f'e a' Lk :%,ct: .144;.?-zt - `41-::•t.." ALP-rty.,-,..,.. ; Gallons Gallons (000) (000) I Atlantic Beach 67,968 62,098 Buccaneer 25,612 37,984 Total Production 93,580 100,082 ITotal Water Billed 82,554 88,238 IWater Loss for month: 11,026 11,844 Percentage Loss 11.78% 11.83% ITotal 12 no.Avg. Loss 13.60% 13.47% IGallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 91 IF1''''''Y' '''...e. if:st4e,-iti -4ta's1. 'a.'.":,"-liVi'A; ,...??:*F. link;..".a..r;r:t_.7:"sabranaatS21.itxrt ,:•tf,-1E Atlantic Beach 4921 38,573 $152,987 3.97 4,844 41,132 $180,274 3.90 Buccaneer 2575 26,791 $130,417 4.87 2,479 31,226 $139,123 4.46 ITotal Sewer Sales 7,496 65,364 $283,404 $4.34 7,323 72,358 $299,397 $4.14 I :<.4.4”:::;:rrt -rMr Th *trin„11-,r1m7;‘ Y tr4n.../.•:.. "....);...4.1.;;'". «;41/:.:.,rlels,..2...:r-; ':.:."...1:3-VIPPAVAg', .--:-/C.0 7 Sewer Treatment : elii.3--;-.:::: '!,1-'1TATIiritr-rWctai; Tif‘v:iccri.:-<, :4:2-47/74.,,,,,-. a,71.1.--,;:r2.--41-4•••*7,-;tr..*.- iolreftwawiwie:.: IMillions of Gallons 73.80 80.83 IRev.per 1,000 Gallons $3.84 $3.70 I AGENDA ITEM#4B SEPTEMBER 13,2004 1 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Extension of Welding Annual Contract Bid No. 0102-26 ' SUBMITTED BY: Donna Kaluzniak, Utility Directo� DATE: September 1,2004 BACKGROUND: On September 25, 2002, bids were opened for the City annual contract for Welding. The low bidder was Ace Fabrications,LLC. They successfully met all bid requirements. This work requires specialized skill,experience and equipment. Ace Fabrications' personnel have the required background,knowledge,experience and equipment. The fees charged by Ace Fabrications, ' LLC for labor and materials have been very reasonable and competitive. City has spoken to Ace Fabrications, LLC regarding an extension of their current contract for one year at the current rates and they have agreed. As per Bid No. 0102-26: "The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance by vendor for the previous year." '- The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. BUDGET: These services are used on an as-needed basis,and funding is included in the Water and Sewer Funds in the amount of approximately$50,000 under account numbers 400-5502-533-3400, ' 410-5506-535-3400 and 410-5508-535-3400. RECOMMENDATION: Extend the welding contract for one additional year to Ace Fabrications, LLC at the contract prices. ' ATTACHMENTS: 1. Letter of agreement to extend contract from Ace Fabrications, LLC. ' REVIEWED BY CITY MANAGER: 1 SEP-01-2004 WED 08;13 A" ATL BCR PUBLIC WORKS FAR Na 904 247 5843200 AGENDA ITEM SEPTEMBER 13,2004 „dcQ4l='11p,7 ' mRFARTA01Nr t)P?tale WORKS 13m 9AN'p? LANE 4 ATLANTIC BEACH.FtOflLOa24A 32333-0318 TELMInNE:(904)247-5104 FAX:(904)247-l849 ' ImpnwwW.clsItra. CW,.Mum .41 W- ' September 1 2001 FAX: )84-35o$ Mr.Cheeks Schutt ' Ace Fabrications; LLC RE: Extcnsiont of Bid No.0102-26 Dear Mr. Schutt; As you are aware,the annual contract with the City of Mamie Reach for Welding ' expire%September 30.2004. We would like to extend the contract for another year at Ow current prices,if+tis is acceptable to your company. ' If acceptable,plane sign below and return to me September 3,2004,so 1 can prepare a staD'nport for the City Commission. We look fotwwd to recommending that we continue our contract with your company. ' Si ly k Dorms KakzaW Utility Director ACE 1 NS,at AGREES TO EXTEND THE CONFRACT WITH THE CITY OF ATOLANT C BEACH AT THE PRICES SUBMITTED Di RID NO. 1 0102-26 FOR AN ADDITIONAL YEAR EFFECTIVE SEPTEMBER I,2014. C. les Schizo Sees Date I V--7 1 1 AGENDA ITEM#4C SEPTEMBER 13,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Extension of Point Repair Annual Contract Bid No. 0203-23 ' SUBMITTED BY: Donna Kaluzniak, Utility Director Rick Carper, P.E.,Public Works Director DATE: September 1, 2004 BACKGROUND: On September 10, 2003 bids were opened for the City's annual contract for Point Repairs in the water, sewer and stormwater system. The low bidder was Gruhn May, Inc. They successfully met all bid requirements. t Gruhn May, Inc. has performed point repair work for the City for many years. Gruhn May's personnel have the required background,knowledge, experience and equipment to perform the necessary work. The fees charged by Gruhn May, Inc. for labor and materials have been very reasonable and ' competitive. City has spoken to Gruhn May, Inc. regarding an extension of their contract for one year at the current rates and they have agreed. As per Bid No. 0203-23: "The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance by vendor for the previous year." ' The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. ' 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$150,000 under account numbers 400- 5502-533-3400, 400-5504-533-3400,410-5506-535-3400, 410-5508-535-3400, 00- 5502-533-3400, 400-5504-533-3400,410-5506-535-3400, 410-5508-535-3400, and 470-0000-538- 3400. RECOMMENDATION: Extend the Point Repair contract for one additional year to Gruhn May, Inc. at the contract prices. ATTACHMENTS: 1. Letter of agreement to extend ontract from Gruhn May, Inc. ' REVIEWED BY CITY MANAGE • 1 1 AGENDA ITEM#4C SEPTEMBER 13,2004 1 ` ra DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPER LANE ATLANTIC BEACH,FLORIDA 32233-4318 - 2 TELEPHONE (904)247-5834 FAX: (904)247-5843 SUNCOM:852-5834 ' http://www.ci.atlantic-beach.B.us �. ,' September 1, 2004 FAX: 268-0679 Mr. Gordon Gruhn Gruhn May, Inc. RE: Extension of Bid No. 0203-23 ' Dear Mr. Gruhn: As you are aware, the annual contract with the City of Atlantic Beach for Point Repairs expires September 30, 2004. We would like to extend the contract for another year at the current prices, if this is acceptable to your company. ' - If acceptable,please sign below and return to me September 3,2004, so I can prepare a staff report for the City Commission. ' We look forward to recommending that we continue our contract with your company. ' Sincerely, / ' Donna Kaluzniak Utility Director 1 GRUIIN MAY,INC. AGREES TO EXTEND THE CONTRACT WITH THE CITY OF ATLANTIC BEACH AT THE PRICES SUBMITTED IN BID NO.0203-23 FOR AN ADDITIONAL YEAR EFFECTIVE SEPTEMBER 1,2004. Gordon Gruhn Date 1 1 1 AGENDA ITEM#6A SEPTEMBER 13,2004 1 ' RESOLUTION 04-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,ADOPTING BUDGET POLICIES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach would like to formalize the budget policies used in the development and adoption of the Annual Operating Budget, and ' WHEREAS, the City of Atlantic Beach uses these budget policies to explain what is included in the budget, its relationship with other documents, and the process of how the document is created, and ' WHEREAS, the City of Atlantic Beach uses these budget policies to include a description of the basis for allocations, restrictions and projections of budgeted funds, ' NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1. The budget policy highlights attached hereto, are hereby adopted and will be used, as the general guidelines and the annual budget will be adopted in accordance with the budget policies referenced herein. Section 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission of Atlantic Beach, Florida, this ' day of September 2004. ' Attest: ' Jim Hanson John S. Meserve Interim City Clerk Mayor/ Presiding Officer Approved as to form and correctness: Alan C.Jensen, Esquire City Attorney 1 I I AGENDA ITEM#6A SEPTEMBER 13,2004 Budget Policy Highlights The City Manager will propose to the City Commission a budget that is in accordance with the following guidelines. ' • The City Manager will hold strategic planning sessions at the beginning of each budget preparation cycle. ' • The proposed budget will include appropriations sufficient to deliver at least the current level of service for all programs. • Proposed changes to levels of service will be addressed as separate issues in the budget workshops for consideration. • The proposed budget will be presented using the current ad valorem tax rate. • The proposed budget will be balanced, meaning that available resources plus projected ' revenues will equal the budgeted expenses plus projected ending cash. • The projected ending cash balance will exceed all legal required restrictions plus meet or exceed the City Commission designated 25%operating reserve for all major funds. • The reserve balance is calculated as 25% of the sum of payroll expenses and operating expenses of the budget being proposed. Debt service has its own reserve requirement. • The proposed budget will include funding for all authorized positions. ' • The proposed budget will include the 3% across the board merit increase per City ' Commission adopted resolution. • The proposed budget document will include a ten-year financial projection of the major toperating funds. • The proposed budget will fully fund the pension benefit using the dollar amount ' --designated by the respective pension plan's actuaries for both police and general employees. ' • All future changes to the pension plan benefits will be evaluated for the long-term impact on the City before that change is implemented. ' • Capital items will be included in the proposed budget if either previously designated by the City Commission or if identified in an adopted plan. Basic items necessary to deliver • the service level proposed will also be included. Discretionary capital items will be included in workshop discussions for prioritization and funding. ' AGENDA ITEM#7A SEPTEMBER 13,2004 ' CITY OF ATLANTIC BEACH,FLORIDA CITY COMMISSION MEETING ' STAFF REPORT AGENDA ITEM: Public Hearings on adopting a Tentative Millage Rate and ' adopting Ordinance#20-04-65 establishing the Operating Budget for fiscal year 2004/2005. ' SUBMITTED BY: Nelson Van Liere, Finance Director DATE: September 13, 2004 ' BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 131h, 2004 in the Commission Chambers at 7:15pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as last year and is to be read into the record ' as presented in order to assure compliance with the TRIM laws (s.200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held three workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget was funded using the millage rate of 3.0394 mills. This represents a 7.025% increase over the rolled back-rate of 2.8399 mills. There will be a second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20-04-65, on September 27th, 2004. RECOMMENDATION: ' 1.) Hold two public hearings as described in the attached outline to approve both the Tentative Millage Rate of 3.0394 mills and the Operating Budget ' Ordinance#20-04-65 with total expenditures of$24,972,991 in that order by separate vote. 2.) Set the Time and Date of the Second Public Hearing on September 27, 2004 at 7:15 p.m. in the Commission Chambers of City Hall located at 800 Seminole Road, Atlantic Beach Florida. ATTACHMENTS: Agenda for Public Hearings Ordinance #20-04-65 Schedule of Changes to Proposed Operating Budget Proposed Budget Summary of All Funds REVIEWED BY CITY MANAGER: AGENDA ITEM#7A SEPTEMBER 13,2004 ' ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2004/2005 First item to be considered: Adoption of a Tentative Millage Rate State the following: The Current Millage Rate is 3.0394 The Tentative Millage Rate is 3.0394 ' The Roll—Back Rate is 2.8399 The Tentative Millage Rate is 7.025% higher than the Roll-Back Rate The purpose for the increase in ad valorem tax revenue is to maintain adequate funding for the existing level of service. Motion to adopt a Tentative Millage Rate for operating purposes of 3.0394 Open Public Hearing Close Public Hearing and Vote Second item to be considered: 1 The Ordinance#20-04-65 establishing the Operating Budget for fiscal year 2004/2005 of$24,972,991 ' Motion to adopt Ordinance#20-04-65 establishing the Operating Budget for fiscal year 2004/2005 Open a Public Hearing Close Public Hearing and Vote f AGENDA ITEM#7A SEPTEMBER 13,2004 ORDINANCE NO. 20-04-65 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR 1118, CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 13, 2003, held a public hearing as required by Florida Statute 200.065; and ' WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2004 and ending September 30, 2005 in the amount of$24,972,991. NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF lift CITY OF ATLANTIC BEACH,FLORIDA, that; 1. The fiscal Year 2004/2005 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this_day of September 2004. Passed by the City Commission on second and final reading this day of September 2004. ' John S.Meserve Mayor/Presiding Officer Approved as to form and correctness: Alan C.Jensen,Esquire City Attorney ATTEST: Jim Hanson Interim City Clerk AGENDA ITEM#7A SEPTEMBER 13,2004 1 Proposed Budget Revisions ' After the conclusion of three budget workshops, the original proposed budget has been modified to reflect the following items by fund: General Fund The General Fund revenues were increased by $80,493. This is a result of additional internal ' service charges to the enterprise funds of$19,493 caused by the increased personnel costs of those budgets to be allocated. Also, the City is expecting that the increase in electric rates will result in higher franchise fees of$36,500 and public service taxes of$24,500 to the General ' Fund. The expenditures of the General Fund have been increased by$540,668. The cost of living ' salary increase accounts for$131,238 of that increase and is the total for all departments in the General Fund. Other changes to the General Fund budgets are as follows: The Public Works budget will now include funds for new sidewalks of$80,000; Pedpath improvements at Seminole and Plaza of$75,000; and $65,000 for improvements to the five points intersection. The Parks and Recreation Department will rehabilitate dune walkovers with an additional $45,000 in the maintenance budget. The General Fund budget also now includes $5,000 to assist Jacksonville Beach with the Fourth ' of July fireworks display. The General Fund also will transfer$136,319 of its fund balance to the Stormwater Utility Fund ' for a drainage project and additional operating and personnel costs. The General Fund will also transfer a match of$3,111 to the Police Grant Fund for additional ' personnel costs. Convention Development Tax Fund The Convention Development Tax Fund will now include $10,000 for the purchase of public art. • Half Cent Sales Tax Fund ' The Half Cent Sales Tax Fund will now include additional funds for the Seminole Road Pedpath project. The budget will include $75,896; which includes $41,896 of funds to be re-budgeted from the current year. AGENDA ITEM#7A SEPTEMBER 13,2004 The Half Cent Sales Tax Fund will also include the remaining balance of the City Hall Expansion project plus an additional $100,000 and another $35,000 for the interior lobby ' remodeling. The total being added is $409,040. This year the City will fund $30,000 for the design of the Public Safety building renovations also ' from the Half Cent Sales Tax Fund. Water Utility Fund The Water Utility Fund will be reduced by$25,932. This is the net result of increases for personnel costs of$11,573, internal service charges of$6,495 and higher electric cost estimates ' of$6,000 offset by the elimination of a$50,000 water main project. The elimination of the water main project is to free up finds to do the Sewer Utility Headworks project. Sewer Utility Fund The Sewer Utility Fund will have a$352,654 increase resulting from increased personnel costs ' of$19,987, internal service charges of$7,667, electricity of$26,000 and the addition of fluids needed for the Headworks project of$330,000. $187,868 of that total will come from funds not used in the current year. Another change made to afford the Headworks project is the $100,000 ' rPri irt;nn from the elimination of the clarifier project from the budget. ' Sanitation Fund The Sanitation budget is increased by$2,535 for increased internal service charges of$2,422 and ' increased personnel costs of$113. • Stormwater Utility Fund The Stormwater Utility budget has increased revenues of$136,319 from a transfer from the General Fund necessary to cover the increased internal service charges of$2,910; the increased ' personnel costs of$6,409 and the addition of the storm drainage project on 13ih street and Ocean with an estimated cost of$127,000. 1 1 t tAGENDA ITEM#7A SEPTEMBER 13,2004 City of Atlantic Beach Proposed Budget Changes ' General Fund Revenues: Internal Service Charges 19,493 Franchise Fees- Electric 36,500 Public Service Taxes- Electric 24,500 Total Revenues $80,493 ' Expenses: All Departments Salary and Benefits 131,238 Public Works ' Expenses Streets Division New Sidewalks 80,000 ' Pedpath Seminole& Plaza 75,000 Five Points Beautification 65,000 Parks and Recreation ' Expenses Operating Expenses Walkover Maintenance 45,000 General Government Expenses Operating Expenses ' Fireworks at Jax Beach 5,000 Non - Departmental Transfers Transfer to Stormwater Utility 136,319 Transfer to Police Grant Fund 3,111 tTotal Expenses $540,668 Police Grant Fund Revenues: Transfers- In from General Fund $3,111 Expenses Salary and Benefits $3,111 Convention Development Tax Fund Expenses ' Operating Expenses Public Art $10,000 ' Half Cent Sales Tax Fund Public Works Expenses Improvements Seminole Road Pedpath 75,896 ' General Government Expenses Improvements AGENDA ITEM#7A SEPTEMBER 13,2004 ' City Hall Expansion 409,040 City Hall Interior Renovations 35,000 Remodeling Design for Police Department 30,000 I Total Expenses $549,936 I Water Utility Expenses Salary and Benefits 11,573 I Administrative Internal Service Charges 6,495 Production I UtilitieslElechic 6,000 Distribution Improvements -50,000 ITotal Expenses 425,932 Sewer Utility I Expenses Salary and Benefits 19,987 Administrative I Internal Service Charges 7,667 Treatment Professional Services- Engineering for TMOL 69,000 I Utilities/Electric 22,000 Improvements- Headworks 330,000 Improvements-clarifier -100,000 Collection ' Utilities/Electdc 4,000 Total Expenses 5352,654 ISanitation Expenses I Salary and Benefds 113 Operating Internal Service Charges 2,422 ITotal Expenses $2,535 I Stonnwater Utility Revenues Transfer from General Fund 5136,319 IExpenses Salary and Benefits 6,409 I Operating Internal Service Charges 2,910 Improvements I Storm Drainaige improvements at Ocean/13th Street 127,000 Total Expenses $136,319 I • I AGENDA ITEM#7A SEPTEMBER 13,2004 I ICity of Atlantic Beach Combined Summary of Revenues and Expenditures I Summary of all Funds Actual Actual Estimate Budget Increase 2001-20112 2002-2003 2003-2004 2004-2005 (Decrease) Cash Forward 30,392,038 27,543,441 24,187,312 21,749,614 (2,437,698) Revenues I General Fund 7,409,520 8,965,241 8,941,333 9,166,252 224,919 Special Revenue Funds 1,446,109 1,573,426 1,768,082 1,512,428 (255,654) Debt Service Fund 277,013 497,339 72,086 73,035 949 Capital Project Fund 754,734 117,765 1,180 0 (1,180) I Enterprise Funds 8,912,983 8,649,805 9,230,976 10,385,345 1,154,369 Internal Service Funds 2,081,960 0 0 0 0 Trust and Agency Funds 114,388 1,571,999 1,154,105 1,299,304 145,199 ' Total Reveunes 20,941,707 21,375,575 21,167,762 22,436,364 1,268,602 Other Financing Sources 756,768 1,197,852 9,297 0 (9,297) ' Total Resources 52,090,513 50,116,868 45,364,371 44,185,978 (1,178,393) I Expenditures General Fund 7,216,427 8,665,956 9,492,228 10,924,636 1,432,408 Special Revenue Funds 1,927,085 1,976,520 2,029,747 2,250,984 221,237 Debt Service Fund 220,330 546,178 71,086 72,435 1,349 I Capital Project Fund 1,170,O62 157,513 10,477 0 (10,477) Enterprise Funds 11,305,244 13,678,854 10,684,668 11,005,439 320,771 Internal Service Funds 2,067,935 0 0 0 0 ITrust and Agency Funds 585,990 593,889 634,609 719,497 84,888 ISI DIVISION TOTALS 24,493,074 25,618,910 22,922,815 24,972,991 2,050,176 ' Other Financing Uses 53,999 310,646 691,942 0 (691,942) Cash Reserves 27,543,441 24,187,312 21,749,614 19,212,987 (2,536,627) ITotal Expenses and Cash 52,090,514 50,116,868 45,364,371 44,185,978 1,178,3931 Resource Allocation ' Personal Services 6,878,039 7,270,136 7,692,621 8,052,983 360,362 Operating Expenses 7,476,964 7,531,503 7,562,879 7,665,882 103,003 Capital Outlay 5,561,977 7,023,631 3,869,095 4,479,354 610,259 I Debt Service 1,928,196 2,249,756 1,751,512 1,756,403 4,891 Transfers 2,647,898 1,543,884 2,046,708 3,018,369 971,561 Total 24,493,074 25,618,910 22,922,815 24,972,991 2,050,176 I I AGENDA ITEM 17B SEPTEMBER 13,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT 1 AGENDA ITEM: Final reading and public hearing of Ordinance 31-04-04 to adopt ' EAR Based Amendment to the 1990 Comprehensive Plan SUBMITTED BY: Sonya Doerr, AICP 21) Community Development Director DATE: September 2, 2004 BACKGROUND: The EAR Based Comprehensive Plan Amendment must be adopted by ordinance with one additional public hearing, which is the required adoption stage ' public hearing. Following adoption, the City will forward the adopted Comprehensive Plan to DCA, and assuming there are no further objections or challenges to our amendments, DCA will within 20 days publish a Notice of Intent(NOI) to issue a Final Order finding the 1 EAR-based amendments in compliance with Chapter 163, at which time the amendments will become effective. 1 1 ■ BUDGET: No budget issues. RECOMMENDATION: Approval upon final reading of Ordinance 31-04-04. ' ATTACHMENTS: Memo identifying final changes as advised by DCA. Proposed Ordinance 31-04-04, and adoption document including map series. (A copy of the adoption document and maps remains available for ' inspection at City Hall from the Building and Zoning counter.) REVIEWED BY CITY MANAGER: September 13,2004 regular meeting IAGENDA ITEM#7B SEPTEMBER 13,2004 I0Ypr CITY OF ATLANTIC BEACH BUILDING AND PLANNING ' J 01 800 SEMINOLE ROAD g.n 7 ATLANTIC BEACH,FLORIDA 32233-5445 A''z _,- - SJ TELEPHONE:(904)247-5800 :J FAX:(904)247-5845 hap://ci.a lanoc-bearh.fl.us J,3t9I / MEMORANDUM ' TO: Jim Hanson, City Manager FROM: Sonya Doerr, AICP Niy ICommunity Development Director DATE: August 27, 2004 IREGARDING: Final revisions to Comprehensive Plan adoption document I Jim, I have continued to coordinate with the Department of Community Affairs (DCA) regarding pending adoption of our EAR-based Comprehensive Plan amendments. DCA staff offered a few additional comments and suggestions related to our wetland provisions. Rule 9J-5.013 (3) F.A.C., I Policies Addressing the Protection and Conservation of Wetlands (attached) requires that "wetlands and the natural functions of wetlands shall be protected and conserved" through a "comprehensive planning process" that is set forth within the Conservation Element of the Plan. Our Plan and the proposed amendments contain numerous polices throughout, which address wetlands. At the suggestion of DCA, I have pulled together the various provisions related to I wetlands and put them in a new Objective (A.1.2) entitled: Wetlands, Environmentally Sensitive Areas, and Estuarine Environments. DCA also suggested that we put our existing wetland buffer requirement in the Comp Plan, not just in the Land Development Regulations. The 25-foot buffer ' requirement is now in Chapter 24-Sec. 24-103 (f). DCA also had a question about residential use in the Central Business District. The CBD zoning ' regulations now allow a single dwelling unit (a live/work type unit only) and also residential as a secondary use with approval of a Use-by-Exception. DCA objected to allowing this in the Coastal High Hazard Area, and asked that I add the "outside the CHHA" language in the CBD policies. (The ' eastern part of the CBD is in the Coastal High Hazard Area.) The final comment related to the Capital Improvements Element Rule 9J-5.016 requires that we Iidentify "existing revenue sources and funding mechanisms available for capital improvement financing, such as ad valorem taxes, bonds, state funds, federal finds, gas taxes." This of course, is included in our budget document, so with Nelson's help, I have tied to more clearly address this in a I Plan policy, and I will provide DCA with the appropriate section from our budget as the required background data and analysis. I have attached the pages with underlined sections noting the above, and I do not believe that any of these are `substantive" changes requiring another first reading. There are no changes in the enacting ordinance or title, and Florida Statutes require only one more public hearing to adopt, which has ' - been advertised for September 13th. AGENDA ITEM#7B SEPTEMBER 13,2004 9J-5.013 Conservation Element The purpose of the conservation element is to promote the conservation, use and protection of natural resources. (1) Conservation Data and Analysis Requirements. The element shall be based upon the following data and analyses requirements pursuant to subsection 93-5.005(2), F.A.C. ' (a) The following natural resources, where present within the local government's boundaries, shall be identified and analyzed: 1. Rivers, bays, lakes, wetlands including estuarine marshes, groundwates and air, including ' information on quality of the resource available from and classified by the Florida Department of Environmental Regulation; 2. Floodplains; 3. Known sources of commercially valuable minerals; 4. Areas known by the local soil and water conservation district to have experienced soil erosion problems; and 5. Areas which are the location of recreationally and commercially important fish or shellfish, wildlife, marine habitats, and vegetative communities including forests, indicating known dominant species present and species listed by federal, state, or local government agencies as endangered, threatened or species of special concern. (b) For each of the above natural resources, existing commercial, recreational or conservation uses, known pollution problems including hazardous wastes and the potential for conservation, use or protection shall be identified. (c) Current and projected water needs and sources for the next ten-year period based on the demands for industrial, agricultural, and potable water use and the quality and quantity of water available to meet these demands shall be analyzed. The analysis shall consider existing levels of water conservation,use and protection and applicable policies of the regional water management district. t (2) Requirements for Conservation Goals, Objectives and Policies. (a) The element shall contain one or more goal statements which establish the long-term end toward which conservation programs and activities are ultimately directed. I (b) The element shall contain one or more specific objectives for each goal statement which address the requirements of paragraph 163.3177(6)(d),F.S., and which: ' 1. Protect air quality; 2. Conserve, appropriately use and protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters; 3. Conserve, appropriately use and protect minerals, soils and native vegetative communities including forests; and 4. Conserve, appropriately use and protect fisheries, wildlife, wildlife habitat and marine habitat. ' (c) The element shall contain one or more policies for each objective which address implementation activities for the: I. Protection of water quality by restriction of activities and land uses known to affect adversely the ' quality and quantity of identified water sources, including natural groundwater recharge areas, wellhead protection areas and surface waters used as a source of public water supply; 2. Conservation, appropriate use and protection of areas suitable for extraction of minerals; 3. Protection of native vegetative communities from destruction by development activities; 1 AGENDA ITEM#7B SEPTEMBER 13,2004 1 ' 4. Emergency conservation of water sources in accordance with the plans of the regional water management district; 5. Restriction of activities known to adversely affect the survival of endangered and threatened wildlife; 6. Protection and conservation of the natural functions of existing soils, fisheries, wildlife habitats, rivers, bays, lakes, floodphins, harbors, wetlands including estuarine marshes, freshwater beaches ' and shores, and marine habitats; 7. Protection of existing natural reservations identified in the recreation and open space element; 8. Continuing cooperation with adjacent local governments to conserve, appropriately use, or protect ' unique vegetative communities located within more than one local jurisdiction; 9. Designation of environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element; and 10. Management of hazardous wastes to protect natural resources. ' (3) Policies Addressing the Protection and Conservation of Wetlands. (a) Wetlands and the natural functions of wetlands shall be protected and conserved. The adequate and appropriate protection and conservation of wetlands shall be accomplished through a comprehensive planning process which includes consideration of the types, values, functions, sizes, conditions and locations of wetlands, and which is based on supporting data and analysis. (b) Future land uses which are incompatible with the protection and conservation of wetlands and wetland-functions shall be directed away from wetlands. The type, intensity or density, extent, distribution and location of allowable land uses and the types, values, functions, sizes, conditions ' and locations of wetlands are land use factors which shall be considered when directing incompatible land uses away from wetlands. Land uses shall be distributed in a manner that minimizes the effect and impact on wetlands. The protection and conservation of wetlands by the direction of ' incompatible land uses away from wetlands shall occur in combination with other goals, objectives and policies in the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation shall be considered as one means to compensate for loss of wetlands functions. Specific Authority 163.31 77(9), (10) FS. Law Implemented 163.31 77, 163.3178 FS. History—New 3- 6-86, Amended 10-20-86, 5-18-94. 1 1 1 ' AGENDA ITEM#7B SEPTEMBER 13,2004 2015 COMPREHENSIVE PLAN ' Policy A.1.1.1 Land development within the City shall be permitted only where such development is compatible with environmental limitations of the site and only when submitted plans demonstrate appropriate recognition of ' topography, soil conditions, flooding conditions, trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal resources, and habitat protection of rare, endangered or threatened species and areas of unique natural beauty. Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant environmental features, habitats, and areas of unique interest or beauty. The potential for development proposals to adversely effect such areas shall be considered prior to the issuance of development permits. Policy A.1.1.3 The City shall protect potable water well fields and surface waters from ' the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to potable water wells. Such incompatible land uses shall include all Industrial uses, ' but shall also include uses, which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with Environmentally Sensitive Areas. ' Policy A.1.1.4 The City's Land Development Regulations shall be amended by December 31, 2005 to include provisions for wellhead protection and ' to address limits on activities that have the potential for contaminating soil as well as ground and surface waters. ' Objective A.1 .2 Wetlands, Environmentally Sensitive Areas and Estuarine Environments The City shall protect, conserve and enhance the natural functions of existing ' wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas in order to maintain the quality and function of naturalsystems and wildlife habitats. ' Policy A.1.2.1 The City shall protect wetlands and other Environmentally Sensitive Areas, as may be identified by Map A-2 and Map A-4 of the Future Land Use Map Series or as may be identified by other accepted environmental survey methodologies, and their functions from the ' adverse impacts of development by maintaining required upland buffers between wetlands and adjacent development as set forth within this Plan and as implemented through the Land Development ' Reg ulations. EAR Based Amendment A-3 Future Land Use Element-GOPS 111 Adopted September 13, 2004 Ordinance Number 31-04-04 AGENDA ITEM#7B SEPTEMBER 13,2004 2015 COMPREHENSIVE PLAN A natural vegetative upland buffer of twenty-five (25) feet shall be required and maintained between development and adjacent wetlands. Where required, such buffer shall be measured from the jurisdictional wetland line as established by the appropriate regulator/ agency. Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the adverse impacts of development and shall prohibit the establishment of incompatible land uses adjacent to wetlands. Such incompatible land uses shall include all Industrial uses, but shall also include uses, which have the potential to disturb, contaminate or degrade wetland functions or natural systems associated with wetlands and estuaries. Policy A.1.2.3 The City shall require that, as a condition of development approval new construction projects provide effective stormwater management which avoids the contamination or degradation of Environmentally Sensitive Areas, wetlands, marsh and estuarine environments in accordance with applicable water quality standards of the St. Johns River Water Management District, the City's National Pollutant Discharge Elimination Systems (NPDES) permit and Stormwater Management Plan and the Land Development Regulations, as may be amended. Policy A.1.2.4 The City shall not issue development permits that would significantly alter wetland communities and functions. PolicyA.1.2.5 The City shall enforce all applicable wetland regulations, including those as set forth within the Conservation and Coastal Management Element of this Plan, and shall continue to develop and implement comprehensive strategies to provide for the effective protection of wetlands, marsh and estuarine systems, and other Environmentally Sensitive Areas within and adjacent to the City. Objective A.1.3 Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, 2) provides for the preservation and protection of the dense tree canopy, and 3) which provides for varied and diverse recreational opportunities, including the preservation, acquisition and development of public access to the beach and other water-related resources. 1 EAR Based Amendment A-4 Future Land Use Element- GOPS Adopted September 13, 2004 Ordinance Number 31-04-04 AGENDA ITEM#78 SEPTEMBER 13,2004 2015 COMPREHENSIVE PLAN (c) Central Business District — This area contains a well-established pattern and character of development, and permitted uses include ' retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central ' Business District is an economic, cultural, historic and architectural anchor of the City. Within the Central Business District, a single Dwelling Unit within the same Building containing a Permitted Use occupied by the owner or an employee of such Permitted Use shall be allowed, provided that such Building is not located within the Coastal High Hazard Area. In order to sustain these qualities, new ' development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. ' (d) Light Industrial — The Light Industrial category shall be limited to light manufacturing and production, storage, warehousing and distribution uses as further controlled by the Land Development Regulations. Light ' industrial uses may have outdoor storage and business related activity, but such uses shall not include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris, chemicals or hazardous materials. (e) Public and Semi-Public — These areas include uses such as ' accredited public and private schools, government uses, buildings, structures, utilities and public services and infrastructure, including police, fire and emergency services. (f) Recreation and Open Space —These areas include public and private parks, open space, passive and active recreation areas. All beach ' areas that are seaward of private property lines shall be considered as Recreation. Permitted uses shall include active and passive recreation activities including bikeways and pedestrian trails, skateboard parks, ball fields, tennis courts and the like. Public safety uses, including lifeguards, fire, and police services may be located in Recreation areas. The use and development of Recreation areas shall be further controlled by the Municipal Code for the City of Atlantic Beach and the Land Development Regulations. ' (g) Residential — Residential uses shall be permitted in those areas so designated in accordance with the applicable permitted density and as further controlled by the Land Development Regulations and the ' Florida Building Code. EAR Based Amendment A-14 Future Land Use Element-GOPS Adopted September 13, 2004 Ordinance Number 31-04-04 ' AGENDA ITEM#7B SEPTEMBER 13,2004 2015 COMPREHENSIVE PLAN ' Objective H.1 .3 Public Expenditures within the Coastal High Hazard Area The City shall not make public expenditures that subsidize land development within the Coastal High Hazard Area other than improvements as required to ' implement the Objectives and Policies identified within the Coastal Management Element. ' Policy H.1.3.1 The City shall coordinate with the appropriate agencies to ensure improvements as appropriate and necessary to protect and re-nourish dunes and beach areas, and to maintain or replace public facilities and ' provide improved recreational opportunities. Objective H.1 .4 Funding for Capital Improvements The City shall manage its fiscal resources and establish through revisions to its Land Development Regulations, as required by section 163.3202, F.S. equitable facility cost allocation and concurrency requirements in a manner that ensures the City's capability to meet future capital improvement needs, which are associated with continued development and redevelopment of the City. Policy 1-1.1.4.1 The City's annual adopted budget, which identifies General Fund and ' other revenue sources and all fund expenditures, and all governmental debt obligations, (as set forth within the Debt Service Fund) is hereby identified as supporting data and analysis for this Capital ' Improvements Element. The annual budget shall continue to contain a Capital Improvement Plan adequate to, at a minimum, maintain the ' adopted Levels of Service as set forth within this Plan amendment. Policy H.1.4.2 The City's annual budgeting process shall reflect immediate as well as long-term implications of capital project expenditures in terms of trends ' and projections in the City's fiscal condition, expressed public attitudes, Comprehensive Plan provisions, and consistency with the plans of regional service agencies, the St. Johns River Water Management District, and other entities with whom coordination of facility planning is appropriate. Criteria for evaluating capital project expenditures shall include: 1 (a) the urgency of need based upon health, safety and welfare considerations of the general public; ' (b) the orderly scheduling to maximize funding availability; and ' (c) opportunities for coordinating expenditures so as to improve efficiency and effectiveness of public services. EAR Based Amendment H-6 Capital Improvements Element GOPS Adopted September 13, 2004 Ordinance Number 31-04-04 ' AGENDA ITEM#7B SEPTEMBER 13,2004 2015 COMPREHENSIVE PLAN Policy H.1.4.3 The annual budget shall include a review of two years of actual history an estimate for the current year, the proposed year, then the final approved budget for the following fiscal year. The adopted capital expenditures budget shall be segregated both by program area and by revenue fund type and shall identify existing and projected revenue ' sources and funding mechanisms. Policy 1-1.1.4.4 The annual adopted budget shall continue to include a yearly Schedule of Capital Outlay and also a Long Term Financial Plan, which shall be evaluated, reviewed and adjusted during the budgeting process, as may be necessary, to correct existing deficiencies, or to address emergency needs. Policy H.1.4.5 The City shall review the Capital Improvements Element not less than once annually, and funding for capital improvements shall be given ' priority as set forth with Table H-5, Schedule of Capital Improvements, 2004-05 through 2008-09, or as priorities may be established during the annual review process. Objective H.1 .5 Sharing of Costs of Facility Improvements Each future development project undertaken within the City shall be required to ' bear a proportionate cost of facility improvements necessitated by the project in order to maintain adopted Level of Service standards. ' Policy H.1.5.1 The City shall include within its Land Development Regulations, in accordance with section 163.3202, F.S., provisions to establish proportionate cost assignment for improvements to public facilities as required to maintain adopted Level of Service standards. t 1 1 EAR Based Amendment H-7 Capital Improvements Element COPS Adopted September 13, 2004 Ordinance Number 31-04-04 AGENDA ITEM#7C SEPTEMBER 13,2004 I ORDINANCE NUMBER: 65-04-33 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES, SPECIFICALLY SECTION 19-5, INTERSECTIONS: SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 19, Streets, Sidewalks and Other Public Places, specifically Section 19-5, Intersections: Sight Distance Requirements and Safety Zones, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as follows. Sec. 19-5. Intersections: Sight Distance Requirements and Safety Zones. (a) Sight Distance Requirements. For purposes of this Section, Defined Intersection shall mean any intersection, which has a City-owned or maintained road, street, or any other roadway, as one of the roadways comprising the intersection. Excluded from this definition is any intersection where there is a required stop condition (multi-way stop, traffic signal, or continual flashing red light) for each roadway traffic lane entering an intersection. Unobstructed and clear sight distance shall be maintained as depicted within Diagrams 1 — 3, in accordance with the designated travel speed of streets, and as further set forth within the following provisions. To ensure clear sight distance and adequate visibility at Defined Intersections, the owners or occupants of private real property shall be prohibited from any of the following, which may obstruct a driver's view of approaching traffic at such intersections: (1) Plant or permit the growth of shrubbery or any other vegetation within the City right- of-way higher than thirty (30) inches above the established grade of the right-of-way; or (2) allow tree branches to extend below the height of ten (10) feet above the established grade of the right-of-way; or (3) allow any berm, wall or other structure to be erected, placed, or continue to exist within the City right-of-way. (b) Safety Zones. For purposes of this Section, Safety Zone shall be defined as an unobstructed area along the edge of the roadway intended for the recovery of errant vehicles, and also along the edge of sidewalks or designated pathways intended to provide for a safe Ordinance Number 65-04-33 1 AGENDA ITEM#7C SEPTEMBER 13,2004 area that is free of obstructions, which may create hazards for pedestrians, bicycles or vehicles. 1 (I) Within Right-of-ways. A Safety Zone extending two (2) feet from the edge of the roadway pavement or the edge of a sidewalk or pathway, as applicable, shall be maintained. (2) Within private property. On any private property, no landscaping or vegetation other 1 than lawn grass, and no property border, berm, retaining wall edging, timbers, posts or other type of obstruction shall be constructed, placed, or permitted to remain within two (2) feet of the edge of the roadway pavement or edge of sidewalk, or in any location that creates an obstruction or hazard to pedestrians, bicyclists or.. vehicles. 1 (3) Cause for removal of obstructions within Safety Zones. Upon finding by the Director of Public Safety that any obstruction or hazard exists within Safety Zones, the obstruction shall be immediately removed by order of the Police Department. The 1 City shall have the right to remove any tress, shrubbery, vegetation, berms, walls, fences, structures or other objects in violation of this section, with or without prior notice. Removal costs shall be charged to the owner, occupant or representative in an amount equal to the City's costs incurred, plus a charge of one hundred (100) percent of said costs to cover the City's administrative expenses. (4)Waiver to Safety Zone restrictions. Upon written request, accompanied by a Site Plan, the Director of Public Safety shall have the authority waive the preceding restrictions, upon finding that no obstruction or hazard to pedestrians, bicyclists or vehicles will be created. SECTION 2. This Ordinance shall take effect immediately upon its final passage 1 and adoption and 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. 1 Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 23rd day of August, 2004. Passed upon final reading and public hearing this 13th day of September, 2004. 1 1 JOHN S. MESERVE Mayor/Presiding Officer 1 Approved as to form and correctness: 1 ALAN C. JENSEN, ESQUIRE City Attorney 1 Attest : MAUREEN KING City Clerk 1 Ordinance Number 65-04-33 IAGENDA ITEM#7C SEPTEMBER 13,2004 I I CO W 1 Z O N I C W d (n 1a. I ® in z I I I- - 1i4 z z O 1 Ci JI• Ci wVCL 1. n Ci) OM NI CC I CD � z 1 ii ii In 1 1 ' 1CO W I �- _ Z O I I I .� 3 N 1 I (' iI N ILI I- C_)U_ I F- I- (n W CY IIllin •;1,111; I I IAGENDA ITEM N7C SEPTEMBER 13,2004 I I -" w I Z O NJ I Lu Lu C_ o 1 = 1L IN Z 1 •• IH I - bli z O N I rn H I LU li ` w I•'CC w i; � �a II II Q in IE LU 1 S, w �' ® z NI, •I SII; Of 1— 1— 1 I ,I § i_ Q 1 0 m w I 3 O _ N 1 li, - I— O 0 w I- U_ 1 In W I 14:1:ii IIIII;II I I AGENDA ITEM#7C SEPTEMBER 13,2004 I I In W I Z 0 N C W W CL I cn d I Lo cv I - - - z I i ,11 ' 4 j 0 I jI :I;I :II Ln InU W I'' TIP W I l IL In CD b m ® IE cyisicy W `I, III z 111 III I Q 'I I € W i in z -I U I Z 1- CD I 1I - 0 W U U Ir H- C') I W cx ;111111 AGENDA ITEM #7D SEPTEMBER 13,2004 ORDINANCE NUMBER: 75-04-16 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ' ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances ' for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as follows. ARTICLE I. IN GENERAL ' Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. and the Manual on Uniform Traffic Control Devices. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316, Florida Statutes, as may be amended, which law shall be in full force and effect within the City as if fully set forth herein, and shall be considered as part of this Chapter. Also adopted by reference and considered as part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for ' Streets and Highways, as published and amended by the Federal Highway Administration. ' Sec. 21-2. Permit required for parades and processions. No procession or parade shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the City Manager and such other regulations as are set forth within this ' Code, which may apply. Secs. 21-3 -21-15. Reserved. i ARTICLE II. STOPPING,STANDING AND PARKING* ' "Cross references: Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162; Storage and Parking of Vehicles in Residential Districts, § 24-163. ' State law references: Authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking regulations, F.S. § 316.195. Page 1 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM#7D SEPTEMBER 13,2004 ' DIVISION 1. GENERALLY ' Sec. 21-16. Manner of parking. (a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: ' (l) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or ' sign; (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed in any location on public or private property, which interferes with the safe, clear and unobstructed sight distance of any right-of-ways intended or designated for use by pedestrians,bicycles, and vehicles. Such obstruction shall be immediately removed by order of the Police Department, and if required, charges for towing and storage, as set forth herein shall apply. ' State law references: Similar provisions, F.S. § 316.195. Sec. 21-17. Prohibited in specific areas. No person shall stop, stand or park a vehicle ' except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or a traffic-control device in any of the following places: (a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (b) On any City right-of-way within seven (7) feet of a public driveway, or private driveway upon complaint; t (c) Within twenty (20) feet of an intersection; (d) Within fifteen (15) feet of a fire hydrant; (e) On a crosswalk; ' (f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; (g) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign Page 2 of 9 Ordinance Number 75-04-16 AGENDA ITEM#7D SEPTEMBER 13,2004 prohibits stopping or parking, and any parking place specifically designated and ' marked for the disabled unless the vehicle displays a parking permit as required by state law. ' (1) A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be ' imposed upon the driver for this momentary parking. (2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of two hundred and fifty dollars ($250.00). ' (h) Parking shall be prohibited on the following streets and roadways at all times: (1) East Coast Drive ' (2) Ocean Boulevard (3) Sherry Drive (South) (4) Seminole Road (5) Plaza Drive (except for the 300 Block) (6) Royal Palms Drive (7) Sailfish Drive ' (8) Levy Road (9) Dutton Island Road (10) Donner Road t (i) Overnight parking prohibited. No vehicle, Boat or Trailer, other than official vehicles as authorized by the City, shall be parked overnight in any public park or Public Open Space, on any property occupied by a government Use, or in any other location posted by the City to prohibit overnight parking. State law references: Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than 10 feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. 1 Page 3 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM#70 SEPTEMBER 13,2004 Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the City Manager. Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (a) Displaying it for sale; or ' (b) greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated by an emergency. ' Sec. 21-22. Commercial, recreational, etc.,vehicles; weight requirements. (a) No person shall stop, stand, or park a commercial vehicle in excess of 10,000 pounds ' gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone except for the purpose of loading and unloading. ' No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the City Manager or his designee. ' (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the City Manager or his designee. ' (c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense. ' Sec. 21-23. Parking more than 72 hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of 72 hours. ' Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.--Declared unlawful; exception; nuisance declared. Cross references: Nuisances, Ch. 12. Sec. 21-25. Removing and impounding. Members of the Department of Public Safety of the City are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the City to a public garage or other place of safety under circumstances enumerated in this article: t Page 4 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM#7D SEPTEMBER 13,2004 (a) When a vehicle is left unattended: (I) On a sidewalk; (2) Within seven (7) feet of a public or private driveway upon complaint; (3) Within fifteen (15) feet of a fire hydrant; ' (4) Within an intersection; ' (5) On a crosswalk; or (6) Alongside or opposite any street excavation or obstruction when stopping, ' standing, or parking would obstruct traffic. (b) When any vehicle is left unattended at any place where official signs or markings on ' the curb prohibit parking, stopping, or standing. (c) When any vehicle is left unattended upon any street or right-of-way for a period of ' time longer than seventy-two (72) hours; (d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to ' traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal; (e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. Cross references: Establishment of rotating wrecker call list, § 21-50. ' Sec. 21-26. Same -Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the ' garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the City or any officer; employee or department ' of the City be liable for the charges and costs by reason of their enforcement of this section. Cross references: Charges for towing and storage, § 21-51. 1 Page 5 of 9 Ordinance Number 75-04-16 AGENDA ITEM#7D SEPTEMBER 13,2004 t DIVISION 2. ENFORCEMENT Sec. 21-36. Issuance of citations. The Director of Public Safety shall have exclusive control of and shall have printed uniform traffic citations which shall be pre-numbered and which shall be issued to the public safety officers. It shall be the duty of the public ' safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the City. Notice of violation of a parking ordinance by public safety ' officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the Records Division of the Public Safety Department. ' Sec. 21-37. Form of citations. Citations for violation of parking ordinances shall: (a) be in writing and in the name of the City; (b) set forth substantially the nature of the offense and the number of the ordinance being violated; ' (c) state the date and time delivered; ' (d) specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; ' (e) command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic Beach, Finance Department the applicable fine as established by Section 21-38; and (0 shall be signed by the person issuing them. ' Sec. 21-38. Schedule of fines. There is hereby established the following schedule of fines to be assessed in cases of parking violations occurring within the City: (a) Parking in prohibited areas $50.00 (b) Parking within 15' of fire hydrant $50.00 ' (c) Parking double $50.00 (d) Obstructing traffic $50.00 (e) Obstructing driveway $50.00 t (t) Parking Over Time Limit $50.00 Page 6 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM#7D SEPTEMBER 13,2004 (g) Other improper parking $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces $500.00 Sec. 21-39. Payment of parking fines. ' (a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in t person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this Chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within thirty (30) days an additional cost of$50.00. (c) The Director of Public Safety shall have the discretion of relieving the person named in the citation of paying the additional $50.00 late fee upon good cause being shown tand documented by the Director of Public Safety. (d) Multiple Unpaid Violations: If a vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed pursuant to the conditions set forth within this Chapter. ' Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this Division shall be paid forthwith to the Director of Finance in a manner as prescribed by the Director of Finance. ' Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the City, the specification of a motor vehicle license tag number on ' a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the ' license tag. Secs. 21-42--21-49. Reserved. ARTICLE III. WRECKER SERVICE* Cross references: Removing and impounding, § 21-25; towage and storage charges, § 21- 26. Sec. 21-50. Establishment of rotating wrecker call list. The Chief of Police, subject ' to approval by the City Manager, is hereby authorized to establish standards and rules for the administration of a rotating wrecker service to the City. All wrecker and towing Page 7 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM H7D SEPTEMBER 13,2004 firms, companies, or corporations licensed to conduct that business may apply for a listing by the Police Department on the rotating wrecker call list. Sec. 21-51. Charges for towing and storage. The charges for towing and otherwise ' removing any damaged motor vehicle from any point within the City shall be as set forth below. Daytime shall be defined as the hours from 6:OOam until 6:00pm. Nighttime shall be defined as the hours from 6:00pm until 6:00am, and Nightime charges shall also apply Sundays and Legal Holidays. (a) Class A wrecker Daytime Nighttime Passenger cars and light vans $73.00 $94.00 Trucks (half-ton to two tons $73.00 $94.00 ' Campers, trailers and mobile homes $105.00 $105.00 Motorcycles $ 73.00 $94.00 ' (b) Class B wrecker The charges for towing and otherwise removing any truck, unit or part thereof, from more than two (2) tons to ten (10) tons of weight $105.00 per hour towing charge, but ' in no event less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra labor and waiting time. (c) Class C wrecker The charges for towing and otherwise removing any truck or unit of 10 tons or greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, ' but in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for such towing; and not more than $100.00 per hour for cleanup, ' extra labor or waiting time. (d) Overturned vehicles: Regular price plus $52.00 $52.00 (e) On Ocean: regular price plus (Driver and/or wrecker must enter water) $52.00 $73.00 (0 Use of dollies: regular price plus $52.00 $75.00 (g) The charges for storage of vehicles by wrecker service operators shall be as follows: Storage, outside per day $17.00 Storage, inside per day $21.00 (h) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has ' been physically attached to the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged. Page 8 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM#7D SEPTEMBER 13,2004 (i) The above charges may be changed by resolution adopted by the City Commission. Cross references: Towage and storage charges, § 21-26. Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. ' Sec. 21-53. Liability insurance. All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not less than $100,000.00 to $300,000.00 ' and property insurance in an amount not less than $50,000.00. Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be ' unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. ' Secs. 21-55--21-59. Reserved. ' SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and 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. Passed upon first reading and public hearing by the City Commission of the City of ' Atlantic Beach this 23rd day of August, 2004. Passed upon final reading and public hearing this 13th day of September, 2004. JOHN S. MESERVE Mayor/Presiding Officer _ Approved as to form and correctness: ' ALAN C. JENSEN, ESQUIRE City Attorney ' Attest : MAUREEN KING City Clerk Page 9 of 9 Ordinance Number 75-04-16 ' AGENDA ITEM 48A SEPTEMBER 13,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Planned Unit Developments (PUDs) SUBMITTED BY: Sonya Doerr,AICP ' Community Development Director DATE: September 2, 2004 BACKGROUND: Over the past thirty years, PUDs have become one of the most common development approval procedures used across the country. Many local governments in fact t require all new development projects to be approved through the PUD process. PUD ordinances began to appear in local zoning codes during the 1970s in response to the need to provide more flexible, yet binding, zoning controls than those set forth in traditional zoning codes, which typically establish one-size-fits-all development requirements. The City of Atlantic Beach has few PUDs, simply because most of the City was platted and developed before the emergence of PUDs. The City's first PUD regulations were adopted in 1972 and were almost word-for-word ' identical to PUD regulations found anywhere. PUDs are most commonly used for new residential developments and for mixed-use ' developments, although some local governments have adopted separate Mixed Use Zoning District categories. The final product resulting from the creation of a PUD depends greatly on the requirements of the PUD regulations, and how the individual PUD is crafted and monitored ' as development progresses. The overall intent of a PUD is to establish specific and unified development standards that are planned and tailored to fit a particular piece of land, and which are appropriate to address the use(s),the environmental conditions and any unique characteristics ' of that land on the front end, before any approvals and permits are issued. If administered properly, PUDs provide a valuable tool through which to more specifically ' regulate new development as opposed to the conventional zoning district ordinance. Using City of Atlantic Beach regulations as an example, if a property were to be rezoned to CG (Commercial General), any use in the CG district would be allowed, and only the minimum ' zoning standards could be enforced. Depending on the location of that property, it might be desirous to prohibit certain more intense commercial uses either because they are incompatible with nearby existing uses, or there might already be too many of a particular use in a given area. Parks and recreation facilities, and typical residential amenities, might not be needed in a commercial or mixed-use PUD, but lighting or sign criteria,use restrictions, access and driveway limitations, additional landscaping—beyond that required in standard zoning regulations—might ' be needed. These individualized issues can be addressed and enforced through a PUD. In response to the Commission's questions about size thresholds, a residential PUD should be ' large enough to accomplish the various aspects of a well-planned and good neighborhood, such as open space, recreation amenities, and a consistency of site design. The City's 10-acre requirement for residential PUDs is fairly typical. For a new commercial or mixed-use project, ' however, this 10-acre requirement might bind the City's ability to regulate specific aspects of project beyond what the standard zoning regulations allow. During changes made to Chapter 24 September 13,2004 regular meeting AGENDA ITEM#8A SEPTEMBER 13,2004 several years ago, this was the consideration by the Community Development Board in not requiring an acreage threshold for mixed-use projects. Since the City does not have a Mixed- Use Zoning District, Small Area Plan or Site Plan regulations, the PUD effectively provides the only mechanism to pre plan a new non-residential project before it reaches the permitting stage. The PUD regulations and requirements were also significantly strengthened at that time to require more provision for and information related to environmental features, archaeological or historic resources, open space, sidewalks and recreation facilities. While we have few PUDs, we have both good and bad examples. The Fairway Villas and Selva Linkside PUDs are rather poor examples. In looking at the zoning map, clearly these projects ' contain little more than small lots and streets, and representations made related to open space and recreation recreation were not properly committed when these projects were approved many years ago. On the other hand, Ocean Walk and Fleet Landing provide good examples of very ' different, but very well-planned communities. Without question, PUDs require that the City closely monitor not only the approval and development phases of a project, but also impose a post-development responsibility to insure that the commitments made in a PUD ordinance are honored. 1 ' BUDGET: No budget issues. RECOMMENDATION: Discussion; no action required. ' ATTACHMENTS: Copy of the City's PUD regulations, and publications from the Planning Commissioner's Journal and the ICMA's Practice of Local Government Planning related to PUDs. REVIEWED BY CITY ' 2 September 13,2004 regular meeting IAGENDA ITEM 48A SEPTEMBER 13,2004 I IPLANNING LAW PRIMER Planned Unit Developments Iby Mary McMaster, Esq. One type of development that project which incorporates a wetland or mens were allowed, the two acre site I planning commissioners are often other area of particular concern can be could be set aside in exchange for required to evaluate is the slightly more dense development on the planned unit development, typically remaining eight acres. referred to as a "PUD." The PUD allows BY ALLOWING Recently PUD zoning has also Ifor more flexible development practices DEVELOPMENT "CO become a popular technique for use in than traditional "grid" zoning. DEPART FROM "COOKIE infill areas. In such areas, a PUD Essentially, PUD zoning permits a designation can help address concerns I developer to meet overall community CUTTER" LOT FORMS relating to the need for mixed uses in an density and land use goals without AND SETBACK already developed urban area or being bound by rigid requirements such REQUIREMENTS, MORE problems with nonconforming uses m a as minimum lot standards and use [ transitional area. I categories. CREATIVE USE OF OPEN SPACE AND URBAN In the City of Benicia, California, the For example, a community may planned unit development concept is require the same overall density within DESIGN IS POSSIBLE. being used to allow for infill in an ' a residential PUD as that of the industrial area in which warehouses are surrounding area. However, the being converted into artist live-work community may allow development developed in such a way that more of spaces, studios and galleries. Prior to within the PUD to be massed or the wetland or natural area is preserved the enactment of the PUD provision, the ' clustered so that the individual lots are than would occur under standard warehouse conversions were not smaller but more open space is zoning practices. This is accomplished permissible under the city's zoning preserved than would occur under by allowing the developer to make use ordinance. While the community I traditional zoning. The PUD concept of smaller lots in exchange for wanted to re-zone the area in a way that can also be applied to encourage preserving the natural area. would facilitate and encourage new uses creative mixes of land uses, by P gof the warehouse buildings, it also permitting certain nonresidential uses Of course, even under standard (or a mix of different kinds of zoning, communities can require park wanted to maintain some review of the I residences —single and multi-(amity) in and open space dedications and rdestrictions (without imposing rigid discourage development from occurringrestrictions on them). the development. g P To accomplish this the Probablythe most popular form of in environmentally sensitive areas such P community I P P as wetlands. however, have the rezoned the area as a planned unit PUD is the planned residential significant benefit of enabling much development. Under the new PUT) development or "PRD." PRDs are limited more open space or natural features to designation, even the owner of a small to only residential uses, so they do not be preserved than might otherwise be warehouse can redevelop with a flexible I provide for a mix of uses otherwise legally or politically feasible. Again, this mix of commercial, residential and allowed under a PUT) plan. However, is accomplished by permitting the studio space as a small planned unit like the PUD the PRD allows for much developer to build more densely on the development. It should be noted, greater creativity and flexibility in remainder of the site than would however, that although the community's I design and layout. The planned unit development otherwise be allowed under the PUT)zoning of the area does provide for community's standard zoning. a great deal of flexibility in terms of concept has been used primarily for For example, assume that there are design and uses, community needs I new subdivisions of vacant developable dictated that certain performance land. By allowing developers to depart cal regulations ment inplaceIr require allows acre of standards be imposed. For instance, from "cookie cutter" lot forms and set- since parking in the area is problematic, back requirements, more creative use of Parkland dedication for a twenty acre minimum parking ratios are imposed I subdivision. If there is a ten acre open space and urban design is subdivision which happens to contain a possible. two acre area thaton all PUD developments.is rich in bird habitat, PREPARING A PUD ORDINANCE An important benefit of allowing under traditional zoning it might be Most communities having PUD IPUDs in undeveloped areas is that they difficult to preserve that habitat without ordinances allow PUD developments can aid in the preservation of areas the community having to purchase it. onlyin certain zoningdistricts, as containing natural resources. A PUD On the other hand, if a PUD develop- IPLANNING COMMISSIONERS JOURNAL LP ARTICLE REPRINT IAGENDA ITEM#8A SEPTEMBER 13,2004 I I "overlay" zones. This approach typically submitting an application that conforms gives the developer the option of either with the dimensional and use I requirements of the"underlying"zoning • Criteria to be applied if the district(i.e.,the zoning district in which community wishes to allow for higher the property is located) or submitting an density or permit certain uses in special application that takes advantage of the circumstances. I flexibility allowed by the ordinance's PUD provisions. • The procedures for applying to develop under the PUD provision, and Typically, a PUD ordinance contains how the PUD application will be I the following provisions: processed. • A short statement of the goals of the In most communities PUD develop- ordinance. For example, goals of the ments must be approved by the Los Angeles County Residential Planned locality's planning commission with I Development Zone are: "to promote right of appeal to the governing body. residential amenities beyond those Because of the greater flexibility expected under conventional develop- permitted under a PUD zone, evaluating I merit, to achieve greater flexibility in PUD projects is more subjective than design, to encourage well-planned traditional evaluations required by most neighborhoods through creative and development projects. However, the imaginative planning as a unit, and to inclusion of clear review standards and I provide for appropriate use of land criteria, as outlined above, will serve to which is sufficiently unique in its minimize the potential for arbitrariness. physical characteristics or other Early communications, and' meet- circumstances to warrant special ings, between planning staff and 'hods of development." potential PUD applicants is strongly • A statement of where the ordinance advised. This will ensure that applicants will apply and any special restrictions are aware of the PUD objectives and I such as minimum project sizes. approval criteria and that planning staff • A statement of the uses permitted. understand the goals of the applicant In addition to residences these may and the constraints that he or she is I include neighborhood oriented corn- working under. mercial uses, hiking or bike trails, golf SUMMING UP: courses, or other uses the community wishes to integrate with residential uses. A well conceived PUD ordinance, by I • allowing for increased flexibility in the Standards for overall project design and siting of projects, can density, building coverage and parking. provide both community residents and Some communities may want to impose developers with greater benefits than I minimum lot sizes that are smaller than might be possible using traditional would otherwise be required in order to zoning criteria. Planning commissioners ensure that even with shared open should consider PUD projects an space each residential unit will still have opportunity to creatively implement I some private open space. • planning concepts. Standards Eor landscaping and • maintenance of the project. Mary McMaster s an attorney with the I • Provisions for regulating the law firm of Oliver, Barr fr Vose in Los development of the project if it is to be Angeles. Her practice focuses on built in more than one phase. It is a environmental and land use law.McMaster good idea to make sure that either in has a Master's degree in urban planning I the PUD ordinance or elsewhere in the from UCLA, and served as editor of the zoning code the community has the Ecology Law Quarterly while at the authority to prevent a developer from University of California, Berkeley, Law I building only the higher density areas of School. an overall project and then "walking away"from the project. PLANNING COMMISSIONERS JOURNAL C ARTICLE REPRINT IAGENDA ITEM 1/8ASEPTEMBER 13,2004 Zoning and Subdivision Regulations 357 I regulatory requirements unjustified by conventional health and safety criteria. I Exclusionary zoning may be intentionally designed to keep out low- and moderate-income residents, or it may have more benign purposes—for ex- ample, to maintain an area's low-density rural character—but less benign ef- fects. Characteristics of exclusionary zoning include extraordinarily large lot ' sizes, prohibition of multifamily dwellings and mobile homes, limits on the number of bedrooms in apartments (to restrict family size), minimum floor area requirements that are excessive and unrelated to dwelling unit occupancy, I and refusal to zone adequate amounts of land for higher-density single- and multifamily housing. Second, local governments tend to make parochial zoning decisions at the expense of regional interests. Because local governments depend on the prop- I erty tax to fund a large portion of basic services, many use "fiscal zoning" to promote commercial and industrial development and expensive residences,of- ten to the exclusion of affordable housing."When a local government approves I a zoning change to allow development of a regional shopping center but fails to zone adequate land for housing development for the people who work there, it is effectively obtaining the benefits of development while exporting the costs. Moreover, since some local governments may not feel an obligation to ensure I that their zoning decisions do not adversely affect neighboring jurisdictions, the cumulative effects of many such projects, such as traffic congestion, air pollution, and the loss of such valuable resources as wetlands, are similarly I exported across jurisdictional boundaries. Third, zoning can be bureaucratic, overly detailed, and resistant to admin- istrative reform. Zoning ordinances may contain lists of permitted uses that are so narrowly drawn that a conditional use permit (and a hearing) are required ------- -- ------ for most changes of use. Special development procedures and standards for every new type of land use may add layers of review, ambiguity, and expense to the development process. Development approvals may move at a sluggish ' pace through the local legislative and administrative structure. Local govern- ments may resist changes to zoning ordinances and approval procedures be- cause of bureaucratic inertia ("we've always done it this way, why change now?").As a consequence, planners are now being challenged to "treat every- , one like a customer and provide them with effective planning services."" A way to do this is to provide clear, accurate information to development permit applicants and prompt decisions on permits once the application is deemed I complete. Finally, zoning may lack a planning framework As noted earlier, the rela- tionship required between the local comprehensive plan and the zoning ordi- nance and zoning decisions varies by state. Where state statutes allow an op- I tional role for the plan or where local governments simply ignore the plan, zoning may occur on a parcel-by-parcel basis and the community may fail to take broader needs into account IInnovative or specialized zoning techniques Criticisms of zoning, and particularly of the rigid framework of conventional zoning, have prompted the need for more flexibility in land use regulation. A number of innovative or specialized zoning techniques have evolved that can be applied in various combinations to permit creative approaches to IW development C Planned unit developments I Z Planned unit developments (PVDs), which are also known as planned residen- tial developments or, simply, planned developments, allow more leeway in the IAGENDA ITEM#8A SEPTEMBER 13,2004 ' 358 The Practice of Local Government Planning Iapplicadon of the zoning ordinance to a tract of land. PUD regulations may allow mixed uses, flexibility in the placement of buildings, and relaxation of development standards (see Figure 14-10). Under the regulations governing IPUDs. the approved PUD plan fixes the nature and location of uses and build- ings on the enure site. A PUD can (Ij improve site design. (2) preserve amen- ities such as open space by allowing buildings to be clustered, and (3) lower I the costs of constructing streets and extending utilities to the development by reducing frontages. Cluster development is a form of PUD in which buildings, usually residences, are grouped together on part of the site to preserve open I space or environmentally sensitive areas. such as wetlands. At a site in Be! Air, Maryland. clustering was used to protect more than 90 percent of the wetland acreage at the site (see Figure 14-11). Because residential lots are set back from the wetlands, impacts on the wetlands are primarily limited to road ' crossing points. Where no other alternative exists. crossings are placed at the ' Village Homes ® � ® ssee Site Plan ,a. ar" on.I `reyi6+dF� L +._ 141' N {...i .-.11:-.2, ' .i;4V' Saw ";_ ope ,v"3 T ,c r t 4. '_'A .4J. n ,h ,P 1 ) 1 t ' i'1* 1$1•±5.5184F/-11,i0 4:458; .sem t � '` l...b •• 11x 74- a t' - Figure 14-10 Site plan - - or Village Homes, a _ ^•.y I planned unit ♦ >k development or single- Iamily homes.. - - I apartments,open _ - - space,a community center, and commercial and office buildings in s Davis California. p» +`{ _ 1.--1- development 1 I - IAGENDA ITEM#8A SEPTEMBER 13,2004 Zoning and Subdivision Regulations 359 • I tNopy�, • r t ii �np `V - �r` t rr l� !,- I �V♦/ ....4.7.• -:to -��y ^_? M.ee y ,d „l I e 2 I 7,84 Initial site plan Location of wetlands Approved site plan ' Figure 1a-11 llsa of olustenng to preserve wetlands in Bel Air. Maryland. ' point of minimum impact, which is usually at the narrowest point of the wet- land area. Overlay zones I Overlay zones, which are imposed over existing zoning districts, provide an additional layer of development standards to address special land use needs. I Historic preservation regulations are usually administered through overlay dis- tricts. In such districts, new buildings, additions, and modifications are subject to design standards that ensure compatibility with the appearance of existing buildings. IHillside development regulations protect areas where there are steep slopes by encouraging development that respects the constraints and natural amenities associated with topographically challenging sites.13 Such regulations may in- I elude standards that limit allowable densities on the basis of the steepness of the slopes and the suitability of the soil, among other factors. Flood hazard or floodplain zones, another form of overlay, control Bevel- ' -- opment on land that is susceptible to being inundated by water from any source. The floodplain designation is typically divided into two parts: (1) a floodway, which encompasses the channel of a river or other watercourse and adjacent land areas that must be reserved to discharge a 100-year flood (i.e.,a flood that I has a 1 percent chance of occurring each year), and (2) the floodway fringe, which is land outside the floodway that is subject to inundation by relatively low velocity flows and shallow water depths. Land within floodway zones is I subject to special review to ensure that development does not obstruct the channel of the river or watercourse carrying the flood. Floodplain regulations may prohibit all habitable structures in the floodway, requiring that they be constructed instead above the floodplain elevation, or they may require that I buildings and structures be flood-proofed.The federal National Flood Insurance Program provides affordable insurance for property owners in flood hazard areas if the local government adopts floodplain regulations that meet federal ' criteria.' AGENDA ITEM#811 SEPTEMBER 13,2004 STAFF REPORT ' City of Atlantic Beach Commission Meeting AGENDA ITEM: Hurricane Shelter Pay DATE: September 7, 2004 SUBMITTED BY: /Yr David E. Thompson, of Police/DPS ' BACKGROUND: Several years ago, a City Hurricane Policy was adopted to address City operations before, ' during, and after a hurricane threatening northeast Florida. As a part of that policy, an issue arose relative to compensation for City employees who were required to evacuate and stay at the shelter with the city workforce. At that time, the compensation for ' spending time in the shelter was established at $5.15 per hour. This low pay rate was intended to address the non-productive time when employees were staying at the shelter and not performing their normal job functions. ' Since that time, this issue has been re-evaluated with a different recommendation. Considerations include: I. City of Atlantic Beach employees are considered to be essential employees ' before, during, and after a hurricane. They are required to evacuate and stay at the shelter with other employees, and they do not have the options to stay home, stay at an alternate location, or evacuate with their families. 2. After checking with other municipal governments in northeast Florida, it became clear that the other agencies compensated employees based on their hourly rates. The Atlantic Beach shelter pay rate was the only flat rate, and it was the lowest pay rate identified. t3. While in the shelter, city employees will be participating in a number of functions that will be related to their positions as employees. Supervisory staff will be ' meeting, organizing, and planning the responses for the hurricane. Some employees will be working on the street to address emergency needs, or they will be resting and recovering from performing these activities. Other staff members ' will be assuring that recordkeeping is being kept up-to-date,and some staff members will be providing support and care for the emergency workers. ' 4. Additionally, the City of Atlantic Beach has adopted the Red Cross Shelter at the Kernan Trail Elementary School, and city employees will be running the shelter for the public. While employees are in the shelter, many employees will be performing functions to serve a greater public good. AGENDA ITEM#813 SEPTEMBER 13,2004 ' Based on these considerations, staff recommends raising the shelter pay for city employees. ' Specific Proposed Pay: If an hourly employee is required to be at the shelter, and that employee is not performing any assigned work,then s/he will be compensated at their normal, hourly pay rate for the time. If an hourly employee is required to be at the shelter, and that employee is performing assigned duties at that location, then s/he will be compensated at an overtime rate of pay. Exempt employees will be compensated at their normal, hourly rate of pay regardless of the duties performed at the shelter. BUDGET: Based on a worst case scenario (all city employees working overtime for the entire 24 hour day),the pay would total approximately $80,000 per day. However,the costs are expected to be less than this estimate, and it is also anticipated that the vast majority of the costs will be reimbursed by FEMA. RECOMMENDATIONS: To approve the hurricane policy change in compensation for City of Atlantic Beach ' employees who are identified as essential personnel, and who are required to evacuate and stay at the designated shelter with the city workforce. ' ATTACHMENTS: REVIEWED BY CITY MANAGER:, AGE A ITEM NUMBER: 1 t ' AGENDA ITEM#9 SEPTEMBER 13,2004 1 ' September 8, 2004 ' MEMORANDUM ' TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hanso C. LA . ,. ' SUBJECT: City Manag; 's Report ' Palms Apartments, 100 Mayport Road; Based upon some work done jointly with the city Police Department,the city's Building Inspector found that several of the unoccupied units at the Palms Apartments located at 100 Mayport Road did not meet city building standards for maintenance. In many of the units, the hot water heaters,plumbing, windows, doors and roofs need replacing or repairs. Additionally, the apartments did not have smoke detectors. Some of the vacant units had been broken into by vagrants and illegal activity had been conducted. The city's Building Department had cited 16 of the vacant units as unsafe for human habitation and ordered the utilities disconnected until the owner makes extensive repairs. 1 1 1