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Agenda Packet 5-8-2006- vCityofA1afltjca>> c 7 City Commissiom Agenda 11ijay 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MAY 8, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of April 24, 2006. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE C11 Y 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 Public Safety Department Quarterly Report, Code Enforcement Investigation Report, Public Works and Utility Department Report and New Occupational Licenses issued in April (City Manager) B. Approve the Contract Between the City of Atlantic Beach and Habitat for Humanity of the Jacksonville Beaches, Inc. for Utility Installation at Sawgrass Chapel Place and authorize the Mayor to sign the contract (City Manager) C. Award Bid for the FY 2006 Resurfacing Project to APAC-Southeast (Bid No. 0506- 7 Rebid) and allocate the excess parking lot resurfacing funds to street resurfacing —$9,000) (City Manager) 5. Committee Reports None 6. Action on Resolutions A. Resolution No. 06-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXPRESSING CONCERN OVER THE TRAFFIC IMPACT OF POSSIBLE LARGE RETAIL DEVELOPMENTS ON ATLANTIC BOULEVARD AND REQUESTING CAREFUL STUDY BY THE FLORIDA DEPARTMENT OF TRANSPORTATION (Commissioner Fletcher) 7. Action on Ordinances A. Ordinance No. 20-06-77, Final Reading and Public Hearing 1 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 B. Ordinance No. 90-06-193, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, ARTICT.F II, LANGUAGE AND DEFINITIONS, SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF SHORT 1ERM RENTALS; AND FURTHER AMENDING ARTICT F I i I, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC. 24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS AND STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND PROVIDING AN EFFECTIVE DAIL C. Ordinance No. 40-06-21, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING RULES, FOR CABLE TELEVISION FRANCHISES, ADOPTING CUSTOMER SERVICE STANDARDS, ESTABLISHING OBJECTIVE REMEDIES AND STANDARD ENFORCEMENT PROCEDURES, REQUIRING PERFORMANCE AND INSURANCE GUARANT1I- S, REQUIRING OTHER PROVISIONS CONSISTANT WITH MODERN TECHNOLOGY AND INDUSTRY DEVELOPMENTS, AND FOR OTHER PURPOSES 8. Miscellaneous Business A. Discussion of 35 -foot height limitation language to be considered within the ordinance authorizing a voter referendum amendment to the City Charter (City Manager) B. Request for a Waiver for 824 Sherry Drive from City Code Section 19-7 Prohibition on Parking Aprons Along Through Streets (City Manager) C. Request from the 15th Street Beach Access Committee for matching funds of $4,000 for improvements at 15th Street Beach Access (City Manager) D. History of regulations related to the division of Land and Subdivision platting or re - platting procedures (City Manager) E. Proposed revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations, Section 24-189 in accordance with recommendation of the Community Development Board (City Manager) F. Funding Approval for Computer Network Data Transmission (City Manager) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney A. Recommendation for appointments to the Cultural Arts and Recreational Advisory Committee, the Community Development Board and the Code Enforcement Board (Mayor) 2 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, May 5, 2006. 3 Attendance Call to Order/Pledge MINUTES REGULAR CITY COMMISSION MEETING April 24, 2006 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Manager Jim Hanson City Clerk Donna L. Bussey City Attorney Alan C. Jensen Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Fletcher, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting on Approval of Minutes April 10, 2006. Motion: Approve the minutes of the Regular Commission Meeting on April 10, 2006. Moved by Waters, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of Transportation Improvement Program by Wanda Forrest of First Coast Metropolitan Planning Organization (MPO) The Mayor introduced Wanda Forrest of First Coast Metropolitan Planning Organization (MPO). Ms. Forrest briefly reviewed the Draft Transportation Improvement Program (TIP) 2006/07 — 2010/11. A copy of the document is attached and made part of this official record as Attachment A. Ms. Forrest announced that on May 2, a meeting will take place at the First Coast MPO office to receive public comments regarding the TIP and that on May 11, the board will take action on approving the TIP. She showed the Commission that the entire TIP is a much larger document than the Beaches and Vicinity supplement that they received. She noted that there were a couple additional projects relating to resurfacing parts of A1A/Third Street and traffic signal updates on Atlantic Boulevard April 24, 2006 REGULAR COMMISSION MEETING Page 2 and on Third Street that were not included in the packet. Commissioner Fletcher questioned the effects of the simultaneously occurring multiple road projects on the traffic flow at the beaches and on hurricane evacuation. He also asked how the resurfacing projects scheduled for Mayport Road and Old Mayport Road were identified as part of the program. Ms. Forrest responded that the DOT has a prioritization scoring process used to determine which resurfacing projects are scheduled when. She stated that she will refer the questions regarding multiple simultaneous road projects and hurricane evacuation to the DOT and to the City of Jacksonville so that they can provide more detailed answers. Mayor Wolfson responded to Commissioner Fletcher's concerns by noting that only one item on the list will affect Atlantic Boulevard. Therefore, the Mayor did not believe the road projects would create any adverse impact to the citizens of Atlantic Beach. Commissioner Borno asked what specific updates are intended for the traffic signal projects. He also inquired if the dip in Old Mayport Road will be corrected in order to stop the flooding that occurs there. Mayor Wolfson replied that the signal update on Mayport Road is a synchronization project and that the Governor has asked that the dip on Old Mayport Road be addressed as an urgent item. Commissioner Simmons asked that the Commission receive copies of the additional projects mentioned by Ms. Forrest that were not included on the original list. Ms. Forrest apologized for those items not being included and indicated she will email the information to the City Manager. Commissioner Waters clarified that the additional lanes project for San Pablo Road would only be adding a turning lane, not adding multiple traffic lanes. City Manager Hanson thanked the MPO for its help in putting together the feasibility study for the Mayport Road median project. The Mayor moved forward with the Courtesy of the Floor to Visitors. Councilwoman Harriet Pruette, 2171/2 Magnolia Street, Neptune Beach, clarified that she was speaking as a citizen of Neptune Beach, and not on behalf of the Neptune Beach Council. She stated that she wished to address the Walmart issue and announced that Neptune Beach will hold a public hearing before the Planning Development and Review Board at the Neptune Beach Elementary School on May 16 at 7:00 p.m. She believed this project would affect Atlantic Beach and asked the Commission to post April 24, 2006 REGULAR COMMISSION MEETING Page 3 a notice of the meeting so that Atlantic Beach citizens could attend and be informed of the issue. Mayor Wolfson noted that some citizens indicated they wished to speak on the Community Character initiative. He clarified that Community Character is an important issue that deserves its own time and focus for discussion and therefore will not be addressed with the rest of the agenda that evening. He announced that another workshop to discuss Community Character has been scheduled for May 9th at 5:00 pm in the Commission Chambers. He mentioned that the workshop will involve the Commission, the Development Board, and possibly citizen participation, but would not include the consultant. Stephen Kuti, 1132 Linkside Drive, was joined by Sally Clemens and Sharon Scholl. He introduced themselves as the Atlantic Beach citizens who brought a lawsuit against Bridge Tenders regarding its proposed Johnston Island development. He expressed their support for Resolution 06-06. He indicated that part of their settlement claim provided for $110,000 to be set aside for the purchase of the Buckman Trust property. The Mayor commended them on their efforts. Anne Eastlack, 1717 Selva Marina Drive, supported the resolution [Ordinance #90-06-191] for the large lot size zoning district. She was opposed to having to sue neighbors in order to prevent lot division. Sally Clemens, 1638 Park Terrace West, did not approve of the classroom and courtroom type behavior at the April 10 Commission meeting and suggested a workshop to educate citizens on appropriate behavior in government arenas. She discussed the slow and steady pace that the Community Character process has been moving at for the last couple years. Ms. Clemens provided her perspective on property rights and gave her opinion regarding oil drilling off the coast of Florida. Cindy Funkhouser, Executive Director of B.E.A.M., thanked Commissioner Fletcher for inviting her to provide an update on the affordable housing issue, Agenda Item 8E. She reviewed the background of the formation of the Beaches Housing Coalition and gave a status update from the last two months. She thanked the Commissioners and local leaders who have attended their monthly meetings and appreciated their support and interest. Ms. Funkhouser reported that, due to the large amount of participation at the meetings, they have created three groups in order to better accomplish their goals. She described the Advocacy and Communication Committee and its efforts on establishing a relationship with the community at large. She acknowledged the assistance they have received from the City of Jacksonville and specifically thanked Councilwoman Elaine Brown for her leadership and actions. Ms. Funkhouser noted that the second committee is the Client Needs and Resources, created to assist the needs of displaced families. She also April 24, 2006 REGULAR COMMISSION MEETING Page 4 encouraged the Commission to pass Resolution 06-07, regarding JTA public transportation. Ms. Funkhouser reported on the third committee, Affordable Housing and Development, which assists with replacing low- income units that were sold to developers. She thanked the Commission for the Community Development Block Grants recently given to Beaches Habitat. She asked the Commission to help pass the Affordable Housing Resolution regarding the Florida Housing Trust fund and noted that the other beach cities and the City of Jacksonville have passed that resolution. Mayor Wolfson inquired if the panic surrounding the issue two months ago has subsided. Ms. Funkhouser acknowledged that the situation is currently in a lull. She reported on the various types of assistance received from other sources. The Mayor believed that the cap placed on the Florida Housing Trust fund was going to be removed. Ms. Funkhouser noted that the Florida League of Cities was still requesting municipalities to pass the resolution to ensure that actually happens. Robert Castro, 412 Ocean Boulevard, noted the absence on the agenda of discussion regarding the redevelopment issue. He spoke against the proposed redevelopment plans and expressed concern that no homes will be sold in Atlantic Beach while that issue is under review. He discussed a copy of a letter he sent to them from the North Florida Real Estate Association stating that Atlantic Beach property will be red -flagged until the Community Character issue is finalized. Retha Rowe spoke on behalf of Bill Deer, 901 Ocean Boulevard. She stated she lives at Seaplace Condominiums and discussed the adverse impact of short term rentals. She commended the Commission for recognizing the importance of strengthening the ordinance to prohibit short teiiil rentals. The Mayor announced that a public hearing will be held on Item 7A and asked that citizens wishing to address that item wait until that point in the meeting. Patricia and John Goelz, 1359 Beach Avenue, addressed the Buckman property acquisition and the proposed Walmart in Neptune Beach. Ms. Goelz noted she has been working on parks locally and commended John November and Warren Anderson for their work on the Buckman project. She thanked Ms. Pruette for asking the Commission to join efforts against Walmart. Mr. Goelz highly supported the Buckman Trust park idea. He addressed Agenda Item 8C and believed the sidewalk on Beach Avenue serves no purpose and should be removed. He commended the City on the bike paths and proposed connecting the bike paths from the Five Point Intersection along Seminole Road to Oceanwalk where the new bike path begins. Lindley Tolbert, 334 Sixth Street, expressed frustration that the Commission has postponed addressing the Winter proposal until May9`h April 24, 2006 REGULAR COMMISSION MEETING Page 5 She emphasized the importance of this issue and requested that they consider a more immediate date for the discussions. She inquired about a rumor that the City has decided that Mr. Winters' services were no longer needed. She asked that the Commission address whether or not they plan to table the proposed Winter ordinance and start over with the current Code and citizen input as the base for discussions. Mayor Wolfson responded to Ms. Tolbert's questions and comments. He reported that the City has not terminated its contract with Winter and Company, but are now conducting workshops among the City without Mr. Winters' presence. He understood the frustration of the citizens but explained the necessity to adhere to public notice laws according to the State's Sunshine Law. Former Mayor Lyman Fletcher, Mark Middlebrook, Vice President of the Middlebrook Company, and local attorney Warren Anderson, addressed the Commission in support of the Buckman Tract acquisition project. Mr. Fletcher discussed the importance of the marshlands and of investment in the preservation of these areas. He then introduced Mark Middlebrook, an advocate for acquisition of environmentally sensitive lands in the County. Mark Middlebrook provided information on the potential acquisition of the Buckman Tract. He displayed a presentation showing facts regarding its location, the proposed acquisition process, and the cost. He discussed the Florida Communities Trust, the Florida Forever Program, and the benefits and advantages of adding these 340 acres to the City's natural preserve area. Warren Anderson discussed the canoe/kayak trail that could be created if the tract is acquired. He played a video, compiled by two young adults of Atlantic Beach, in conjunction with the local band Mofro, and promoting the Buckman Trust area. Mayor Wolfson discussed the importance of maintaining and preserving these submerged lands. He highly supported and appreciated the gentlemen's efforts on the project. He remarked that he spoke with Representative Davis in Tallahassee requesting assistance for this opportunity and that Representative Davis assured he would help with the matter. The Mayor commended the gentlemen on acquiring 75% financing of the project. Lyman Fletcher pointed out that the title for the property would be transferred to the City of Atlantic Beach in exchange for the City paying only 25% of its value. Commissioner Waters inquired how the City would fund the remaining $400,000 and the Commission discussed ideas relating to this. Mr. Middlebrook explained the timeline associated with the whole project. City Manager Hanson asked for confirmation regarding the availability of the April 24, 2006 REGULAR COMMISSION MEETING Page 6 $110,000 to offset the City's share of the purchase price. Mr. Anderson confirmed that the $110,000 from the Johnston Island settlement is designated specifically for Atlantic Beach to use to purchase the Buckman property. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Consent Agenda A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment B. His report addressed the funding for Atlantic Beach Elementary projects. Commissioner Waters pointed out the City Manager's report demonstrates the magnitude of the City's generosity to the school. 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report and Financial Report for March 2006 (City Manager) B. Extend the Meter Testing and Repair contract for one additional year to Reed & Shows Meter Repair & Supply at the contract prices (Bid No. 0304-15) (City Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution 06-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF 2006, AND PROVIDING AN EFFECTIVE DATE Commissioner Simmons believed this is a national level issue and stated she was not comfortable taking action on it. She expressed concern that the bill would open Florida waters to drilling that are not currently open to drilling and that the bill could be changed even further along the way. She April 24, 2006 REGULAR COMMISSION MEETING Page 7 mentioned that both Neptune Beach and Jacksonville Beach are not taking any action on this item. She suggested tabling the resolution. Commissioner Fletcher reported that he contacted Senator Nelson's office once again and discussed some of the information they provided. Commissioner Waters perceived the bill as a good bipartisan effort that would discourage oil drilling off the coast of Florida. Commissioner Simmons suggested passing a resolution to protect Florida shores from oil drilling but did not agree with passing a resolution that supports this bill without knowing exactly what the bill supports. Mayor Wolfson directed the Commission to the sixth Whereas in the resolution. He stated that he is comfortable with the resolution as written and believed it important to support it. Motion: Approve Resolution 06-05 as presented. Moved by Fletcher, seconded by Waters Votes: Aye: 3 - Fletcher, Waters, Wolfson Nay: 2 - Simmons, Borno MOTION CARRIED B. Resolution 06-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA SUPPORTING THE APPLICATION TO FLORIDA COMMUNITIES TRUST FOR FUNDS TO ACQUIRE THE BUCKMAN PROPERTY IN THE INTRACOASTAL WATERWAY AND COMMITTING CITY FUNDS FOR THAT PROJECT Motion: Approve Resolution 06-06 as presented. Moved by Borno, seconded by Fletcher Mayor Wolfson stated he is in favor of the resolution but cautioned the Commission that the City would be agreeing to a 25% share of a purchase price that could range between 2.1 and 2.4 million dollars. He acknowledged the City's share would be 25%, minus the $110,000 from the lawsuit settlement. Commissioner Fletcher fully supported the resolution conceptually. City Attorney Jensen suggested making the resolution subject to the appropriation and identification of adequate funds in the next budget. April 24, 2006 REGULAR COMMISSION MEETING Page 8 City Manager Hanson indicated that the funds could be taken from the general fund balance. Discussion ensued regarding ways to appropriate the funds. City Attorney Jensen reiterated his advice to add the language he suggested. He pointed out that currently the resolution commits the City to paying 25% of an unknown amount. Amended Motion: To amend Resolution 06-06 by adding the language, "...subject to appropriation of funding..." in the last sentence after the words "...Buckman Trust property...". Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 AMENDED MOTION CARRIED Motion: To adopt Resolution 06-06 as amended. Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Resolution 06-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH SUPPORTING THE EXPANSION OF JTA BUS SERVICE TO NORTHERN ST. JOHNS COUNTY Commissioner Simmons supported the resolution, noting that many Atlantic Beach residents work near Ponte Vedra Beach and that public transportation is a key element to assisting that workforce in the City. Commissioner Fletcher concurred and noted that the Northeast Florida Regional Planning Council also supports the resolution. Motion: Approve Resolution 06-07 as presented. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED April 24, 2006 REGULAR COMMISSION MEETING Page 9 Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-191, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE- FAMILY (RS -1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-06-189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE -FAMILY - LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only and opened the floor to a public hearing. Eric Sherline, 1774 Selva Marina Drive, noted he has lived in Atlantic Beach for thirteen years. He supported large lot neighborhoods and did not wish to see those lots divided. He encouraged the Commission to pass the ordinance. Dee Reiter, 1798 Selva Marina Drive, stated she has lived in the City for twenty years and would like to preserve the lot size in her neighborhood. She supported applying the new zoning district to the map as indicated and asked the Commission to approve the ordinance. Pat Pillmore, 995 Camelia Street, asked the Commission to preserve Atlantic Beach for those who live here and not for those who are leaving. Rae Brady, 1636 Sea Oats Drive, thanked everyone who has been working on the Buckman Trust property acquisition. She also thanked the Parks and Recreation Department for the Zoo Outreach programs they provided. She discussed a situation that occurred when she tried to prevent a neighbor from dividing his property. She stated the current deed restrictions prevent property owners from dividing their lots in her neighborhood. She asked that the City be more proactive in warning individuals of the costs and consequences involved with pursuing legal action pertaining to the deed restrictions and she asked for more help from the City in enforcing those deed restrictions. She asked questions of the Planning and Zoning Director, Sonya Doerr, regarding setbacks, lot size, and nonconforming versus legal lots of record. Ms. Doerr responded and indicated she would be willing to discuss the matters further with Ms. Brady. The Mayor asked in which Selva Marina unit Ms. Brady lived. She responded Units 6 and 7, Block 13. There being no further comments, the Mayor closed the public hearing and brought the item before the Commission for discussion. April 24, 2006 REGULAR COMMISSION MEETING Page 10 City Manager Hanson commented on Ms. Brady's discussion. He informed the audience that the City Attorney reported at the last meeting that many of the subdivision covenants are no longer valid and therefore are not enforceable. He also emphasized that the City can only enforce what is in the City Code and therefore, subdivision covenants are not enforced by the City, even if they are still in effect. Commissioner Waters believed that when a subdivision is accepted it should be accepted by ordinance, in a manner similar to accepting PUDs. He asked that this idea be researched by staff. Mayor Wolfson shared information that he received at 3:30 that afternoon from former mayor Billy Howell. He summarized that the information given to him revealed that a staff oversight in 2003 resulted in a Citywide change in the means of approaching the subdivision of lots. He suggested that, based on this, he would like to defer action on the ordinance until the Commission could review and further research the information. Ms. Doerr commented on the history of the subdivision regulations. She noted that subdivision regulations have always required new lots to be a minimum of 75 feet in width and 7500 square foot area, but for some reason this was not always enforced. She indicated that now there are tax parcels of all sizes. Commissioner Borno was unsure of the relevancy of the Mayor's information in relation to the ordinance being considered that evening. Commissioner Waters was in favor of not delaying action on the ordinance since there were people present to see it adopted. Commissioner Fletcher concurred and noted the Mayor's information could be discussed after taking action on the ordinance. Commissioner Fletcher called the question and Commissioner Simmons seconded. Motion: To approve Ordinance No. 90-06-191 on final reading. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 58-06-31, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION April 24, 2006 REGULAR COMMISSION MEETING Page 11 RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE The Mayor read the ordinance by title only and opened the floor to a public hearing. There were no comments and the Mayor closed the public hearing. Commissioner Waters thanked the City Manager, staff, and employees for their efforts in negotiating this item. He expressed his support for the ordinance. Motion: To approve Ordinance No. 58-06-31 on final reading. Moved by Borno, seconded by Simmons Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson (Fletcher absent) Nay: 0 MOTION CARRIED C. Ordinance No. 20-06-76, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 The Mayor read the ordinance by title only and opened the floor to a public hearing. There were no public comments and the Mayor closed the public hearing. Commissioner Borno explained that this budget amendment approves accepting grant proceeds for the police grant funds and then expending them for the purchase of equipment for the crime suppression unit. He further explained that the budget amendment is also accepting the Community Development Block Grant funds and then expending them to aid a Beaches Habitat project and private citizen building rehabilitations. Motion: To approve Ordinance No. 20-06-76 on final reading. Moved by Borno, seconded by Waters Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson (Fletcher absent) Nay: 0 MOTION CARRIED D. Ordinance No. 20-06-77, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL April 24, 2006 REGULAR COMMISSION MEETING Page 12 YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 The Mayor read the ordinance by title only. Commissioner Bomo explained that this budget amendment approves giving the funds to Atlantic Beach Elementary, as discussed at the last meeting. Motion: To approve Ordinance No. 20-06-77 on first reading. Moved by Waters, seconded by Borno Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson (Fletcher absent) Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Discussion on proposed Cable TV Franchise Ordinance (City Manager) City Manager Hanson presented the background on this item. He noted that the current agreement expired last June and that staff has been working with Comcast for the last three years to negotiate this new agreement. He introduced the following individuals in the audience who helped work on this project with the City and with Jacksonville Beach: two attorneys, Mike Freed and Heather Nason; and Comcast representatives, Bill Ferry and Ann Murphy. The City Manager acknowledged that customer service issues have improved dramatically since Comcast took over service after AT&T. He reviewed examples of the new requirements stipulated in the technical and customer service standards presented in the agreement. He also pointed out the liquidated damages provisions outlined in a flowchart. The City Manager advised the Commission that time is of essence due to state and federal legislation being presented which may preempt the agreement. He referred the Commission to the franchise agreement and ordinance presented in their agenda packets for approval. Commissioner Fletcher asked for clarification on the total funding received by the City. Mike Freed, of Brenna, Manna and Diamond law firm, responded to his questions and provided clarification. The Commission thanked the City Manager, City staff and the Comcast representatives for their hard work and cooperation with each other over the last three years. Mayor Wolfson inquired about the ten year term of the agreement and asked how that was derived. Mr. Freed and Mr. Ferry each presented April 24. 2006 REGULAR COMMISSION MEETING Page 13 information in response to his inquiry. The City Manager asked Mr. Ferry to give an overview of the potential state and federal legislation that is trying to remove control of cable franchise at the local level. Motion: To direct staff to prepare and bring back the Franchise Renewal Agreement with Comcast of Greater Florida/Georgia Inc and the Cable Television Ordinance for the next Commission meetings. In response to Commissioner Waters' question, the City Manager noted that the appropriate order of action would be for the Commission to first adopt the ordinance and then the franchise agreement. Moved by Waters, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Discussion on proposed ordinance amending Short -Term Rental definitions (City Manager) City Manager Hanson indicated that the proposed language would strengthen the definition regarding short teiur rentals in order to make the Code clear. He stated that the new language would help enforce the fact that the City considers any type of rental for less than 90 days as a business operation which is not permitted in the residential zones. He indicated that the amendment would also clarify the Code to say it prohibits any advertising for a short term rental. He noted that Alex has been working hard to keep these situations under control and that many of the violations have occurred in the Seaplace Condominiums. Alex Sherrer, Code Enforcement Officer, explained that the new language would state the Code in plain, clear language which would make it easier to understand and enforce. He also indicated that most of the short term rental property owners do not live in the state of Florida. Commissioner Simmons indicated the need to further clarify specifically that vacation rentals are not allowed in order to prevent individuals from purchasing property for that purpose. It was the consensus of the Commission to direct staff to bring back an ordinance relating to Short Term Rentals with language as presented for first reading at the next Commission meeting. April 24, 2006 REGULAR COMMISSION MEETING Page 14 C. Possible Removal of Sidewalk in 1200 Block of Beach Avenue (City Manager) City Manager Hanson reviewed the background information on this subject in his staff report. He indicated that currently 50% of the block residents are for removal of the sidewalk and 50% are against. Adelaide Kirkpatrick, 1242 Beach Avenue, questioned hearing any citizen support for the removal of the sidewalk and believed it was the City's idea to remove it. She stated that many people have been using the sidewalk and asked the Commission to keep the sidewalk in place. Commissioner Borno believed the issue was brought before the Commission because the sidewalk was in poor condition and could potentially be a liability for the City. Commissioner Waters expressed disapproval of removing any sidewalks and suggested looking into expanding them. Motion: To repair the sidewalk on the 1200 block of Beach Avenue. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Discussion on possibility of providing matching funds for a clock to be placed at the Five Point Intersection (Mayor Pro Tem Waters) Commissioner Waters indicated that private groups have raised $5,000 for a clock to be placed at the Five Points Intersection. He indicated that the intersection is almost complete and the remaining funds needed for installation of the clock would be less than $3,000. Motion: To accept the minimum of $5,000 raised from private funds and add the balance, up to $3,000, needed in order to purchase and install the clock. Commissioner Fletcher inquired as to the City's source of the funds being proposed for the clock. The City Manager indicated it could come out of the General Fund balance. The question was called by Commissioner Waters and seconded by Commissioner Simmons. Moved by Waters, seconded by Borno April 24, 2006 REGULAR COMMISSION MEETING Page 15 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. Update on affordable housing (Commissioner Fletcher) Commissioner Fletcher stated that he invited Cindy Funkhouser to provide an update on the affordable housing situation and thus this item was already addressed during her presentation earlier in the meeting. F. Update on Neighbor to Neighbor Beachside Chat Meetings (Commissioner Fletcher) Commissioner Fletcher thanked the Mayor for scheduling these meetings, as promised during their campaigns. He indicated these meetings allow the Commission to defer the district representation issue to the following year. Mayor Wolfson added that he was informed the previous day that some residents are not aware of these meetings. He asked the City Clerk to send notices to all the churches in the different meeting locations in order to inform people who might not see the notices in the local newspapers. G. Request to support City of Neptune Beach Council's position regarding Walmart (Commissioner Fletcher) Commissioner Fletcher stated he attended the most recent Council meeting in Neptune Beach and noted the support from Councilman Weldon and Councilwoman Pruette to take action on the Walmart situation. He asked the Commission if they would like to adopt a resolution or draft a letter stating opposition to the Walmart being proposed for Neptune Beach. He believed the affects of the project would be inconsistent with the Atlantic Beach Comprehensive Plan and would have an adverse impact on the traffic pattern in Atlantic Beach. Commissioner Borno stated that he is not in favor of Walmart but has concerns with the City becoming involved with the manner in which the process is taking place. He asked the City Attorney for advice on the issue. City Attorney Jensen believed that Neptune Beach was considering a proposal to limit building size in their city in order to keep Walmart out. He advised that it would not be in the purview of Atlantic Beach to suggest to Neptune Beach how to regulate their building sizes. Mayor Wolfson and Commissioner Waters both agreed that it would be inappropriate to interfere with the issue at Neptune Beach unless Atlantic City Manager Reports/Requests City Commissioners City Attorney April 24, 2006 REGULAR COMMISSION MEETING Beach received a formal request from Neptune Beach. Page 16 Commissioner Simmons pointed out that the proposed Walmart could negatively impact Atlantic Beach and its resources. She suggested drafting a resolution to support our own citizens, businesses, and way of life in our own community. Commissioner Fletcher agreed it was not wise to interfere with Neptune Beach's proposed ordinance regarding the situation but spoke in favor of offering general support to the beach city. He suggested a resolution opposing the Walmart application and asked the Commission for their consideration on the matter. 9. City Manager A. City Manager's Report The City Manager had no written report, however, he announced the following: ❖ Reminded everyone of the Neighborhood Chats scheduled for the next week and reviewed the schedule for the gatherings. ❖ Reported that the City had to have two emergency repairs in excess of $10,000 in the vicinity of Stanley and Dora Streets on Mayport Road. He indicated that both repairs were done by the City's point repair contractor Gruhn May. ❖ Announced that an approved personal watercraft race will be held at the beach behind the Sea Turtle Inn on July 29 and 30. He noted it will be free to the public and that the beach will not be closed to public access during the race. He stated that the City has met with the event organizers and feels confident that there will not be any problems with the event. The Mayor inquired about the City's liability with the event. City Manager Hanson replied that the event sponsors are acquiring insurance to hold the City harmless. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno ❖ Shared some wisdom from the Dakota Indians. Commissioner Waters ❖ Noted that the Northeast Florida League of Cities' meeting will be May 18 at 6:00 pm at the Sea Turtle Inn. He asked everyone for their help in acquiring door prizes for the function. April 24, 2006 REGULAR COMMISSION MEETING Page 17 ❖ Reminded everyone that Dancin' in the Streets will be on May 13th; and that the event is still looking for volunteers. Mayor Wolfson ❖ Announced that he attended a ribbon -cutting ceremony, last Friday, April 21 at Atlantic Beach Elementary School, along with Commissioner Simmons and City Manager Hanson. He described the event as wonderful and commended both the previous and the current Commission for the support given to the school. ❖ Reiterated that a Community Character workshop has been scheduled for May 9th and will be attended by the Commission and the Community Development Board. He suggested inviting a small number of citizens who live in the neighborhood of interest to join in the discussions and exchange ideas. He indicated he had four citizens in mind from that area and would also like to invite an architect from the community to participate in the workshop. Commissioner Simmons believed that having the Community Development Board members participating in the workshop provides the desired citizen input from residents in the area with expertise in the matters. She stressed the need for the participants to be objective people. The Commission proceeded to discuss the idea of selecting individual citizens to participate in the workshop. Commissioner Bomo asked whom the Mayor is considering inviting to the dialogue. Mayor Wolfson indicated that the following four people have agreed to participate in the workshop: John Fletcher, 678 Ocean Boulevard; Wannelle Parvey, 326 Eighth Street; Brian Sexton, 320 Ninth Street, spokesperson for Save Atlantic Beach; Woody Winfree, 335 Third Street; and an architect, to be determined. Commissioner Simmons expressed her support for the Mayor's choice of citizens. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:29 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk AGENDA ITEM #3A MAY 8, 2006 Hanson, Jim From: Wanda Forrest [wforrest@fcmpo.com] Sent: Thursday, April 27, 2006 3:58 PM To: Hanson, Jim Subject: TIP Questions Attachments: Atlantic Beach - Additional Projects.pdf Mr. Hanson: Identified below are the responses to the City Commissioners' TIP questions at the April 24 Atlantic Beach City Commission Meeting (responses are in blue): • Due to the number of construction projects at the Beaches and East Arlington will there be coordination to avoid significant traffic delays? It is my understanding that monthly coordination meetings are held to discuss transportation projects and that the transportation agencies try to do their best to coordinate projects to reduce delay. Unfortunately, sometime traffic delays happen when there is construction even when making your best efforts. • Will hurricane evacuation be considered during the construction of projects at the Beaches? It is my understanding that FDOT has a clause in their construction contracts that when an evacuation order is given that all usable travel lanes have to be cleared within a given time period. • What is included in the traffic signal update project on Mayport Road from Atlantic Blvd to Wonderwood Drive The scope of this project is to redesign eight (8) existing signals along S.R. 101/A1A and replace controller cabinets at two (2) additional locations along the corridor. The redesigned intersections will comprise new mast arm signals. All ten (10) controller cabinets will be designed to accommodate new fiber optic cable which will run along the length of the project corridor and incorporate all ten (10) signals into the City of Jacksonville's Closed Loop traffic Signal System. • There is a dip on Mayport Road north of Wonderwood Drive will this be corrected in the resurfacing project of Old Mayport Road? The City has been in contact with the Governor's Office. The Navy is very supportive of this too. FOOT pians iu out reel ibis depressed area (base problems) with our planned AIA resurfacing project (FPID 208512-2) from Wonderwood (SR 101) to Broad Street. FDOT is currently in the Consultant acquisition phase. The construction letting date is schedule for FY 2009. Attached is the information on the additional projects that I presented. I hope that I have satisfactorily answered the Commissioners questions. Please let me know if additional information is needed. -Wanda Wanda Forrest 4/28/2006 71 0 0 0 0 1 • 2 m 0 0) ma 0 c 0.o 0. m aoCD N ' o 0Q Cr. O N Cn fD N �fDao 5. cn • o 0 0 o 3 (0 w N cn io on.itsul pauaO gW� asinop Old - 4 D m 0 cQ y N W v D X < y> K> Cu a = n= D- C7 7C Q. Q co 0 C) �a•v 0. z•-; co m G7o 0-13wo'a3 0m m N 0 g v m�.o vv 5m 5 3.a -i m v 0 0'' -, co' ca 0 5 o 3 o o m Q' y N O - 5 D D n 5. N (0 0 a 0 ,.,. o. -, a) o 0 0 c co C 0 3 0) 0 0 F 0 0) CD N (it 03 N c4 v U1 N V 0) 00) N A CJ1 U1 A N Na O (31 CO N CO 0 0 N O OCO N i 0 N O Ca) Co 0 N 0071 24-1 0 N O COO -4 2.4 0 N O OOi a) Auto Theft Larceny W C to v Simple Assault/Threats Aggravated Assault [Robbery Forcible Rape Murder/Manslaughter aw- 39 44 V0-"O 17 CO 0 27 32 13 Ul N O 50303 .A 17 -s -IN .)-Pa 0)00 CO 51 0) N V 03 .IP 0 0)N 23 4NCA-50 saluiia papodaj ' N 71 0 D N 3 N 7 D. aunt saj Aoua5iaw3 aoyod satnum gZ497 AGENDA ITEM #4A MAY 8, 2006 900Z iapeno }s podaa Apapeno /galeg angnd;o }uaurpedaa ;uau1a3io;u3 8p03 ;uawgoeuy aag 104UO3 Iewiuy 0 v 0 0 3 XI c 3 (D 0. 0 0 (D M. 3 n) 0. 0 a (D 0_ D 3 cn 0 -o o c 0. 3 co (D CD 0 0 m 0 0 (D 0 C 0 N 0 0 0) N W W 0) co 0) N Cri cn W CW 0) N 0 (0 v 0 0) 41, O 0) O 03 0) N V cn 0) 00 N 0 cnN Elk 0 0 0 w =c-1 0 -i b N 0 0 at b N 0 0 0) AGENDA ITEM #4A MAY 8, 2006 s;e;g;iun uo!ssaiddng awuc *D ca DDoKm K 5 v"1 v o N c v, v w c• m ai n y vi @ v o 0) 0< 0 0 (D � -moi 0.7"-- 0-113)0 O �- O -v 0 a my mperam') aooDg�oF(n 3mm X m^ D 0 ° 0 0 aONCco°m a � cno�y X03 < 3 (n m c m (0 0 0 CDD co N v M -0o 0 ( (=n (O c m m = 0) •P co co o) 0) 00)) N (°)r, D 2 sgei aui;sapuelomeN Jan -06 Crash w injuries Crash w injuries Crash w injuries Shots Fired Feb -06 Crash w injuries Fight B&E P Mar -06 Crash w injuries Crash w injuries Fight in progress Gun shot Crash w injuries Fight in progress Fight in progress 4 4 2 3 2 3 1 3 2 1 2 3 3 4 37 2.642857 AGENDA ITEM #4A MAY 8, 2006 0 D r O CO 01 W O Co 0 N Co O O 03IdIIN301 30 0 O O N 0) Ca 01 O O CO w 0) N N Co W O O 03 O O 0 O 0 01 N 03 A 1E101 900Z 0 A r 0) O O N m N w V N (D N V O O O 031dI1N301 33 C) r- (.0 N O W w W 03 N V O O O O 0 O O W CO m 0 rn C) m 0 - 0 O m D z Cn m m 0 w 0 V CO W N CO 01 N O O D r r z N O O O CO O 4) V O 0 O CO N 43. Co O O O O O O 0)) 11 CD 0 6 rn O r co O O O N O O W N W a) O O w 0 0 031dIiN301 30 r r z O O O O O O O N 03 03 O O W N O N O O (J) O O w O O O O O 0 d 6 rn Bess° Odd AGENDA ITEM #4A MAY 8, 2006 dip v o 1d1.01�N O A N V O A co mnzD—rvg00 OZ—Dzmv AGENDA ITEM #4A MAY 3, 2006 01 cm A w N ,--• PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR 5 Points Intersection Improvements Design = 100% Construction = 100% Security Upgrades at Treatment Plants and City Bldgs. Design = 100% Construction =0% Bike Path on Seminole (Garden Lane to Oceanforest Dr. N.) Design = 100% Construction = 100% Bike Path on Plaza (Parkside Dr. to Seminole Rd.) Design = 100% Construction = 100% Mayport Medians Design = 30% Construction = 0% Hopkins Creek Regional Retention Facility Design = 30% Construction = 0% (D) = HDR Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Access Ltd. (C) = Access Ltd. (CE&I) = Public Utilities & Public Safety (D) = Connelly & Wicker, Inc. (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Public Works (CE&I) = Public Works (C) = Gruhn May, Inc. a II0 l g t s P (D) = Camp, Dresser & McKee (CDM) Complete. Project to add cameras at treatment plants and automated door locks at plants and City buildings. Contractor making site visits to determine optimum camera locations. Door lock materials on order. Complete with exception of signage. To be completed by 5/31/06. Complete with exception of signage. To be completed by 5/31/06. FDOT approved alternate typical section with 13' median. Survey and design are in progress. Public meeting (30% design review) was held on 12/12/05. Next public meeting scheduled for August 2006. Commission authorized negotiation on 4/28/03 with CDM for Hopkins Creek design and approved contract for preliminary design report on 6/23/03. 30% plans received 11/17/03. Staff has begun discussions with church for property acquisition. AGENDA ITEM #4A MAY 8, 2006 00 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR Sewer Master Plan Update Design = 50% Water Main Replacement at Sailfish Drive and Plaza Design = 100% Construction = 0% Gensets at Water Plant # 3 (902 Assisi Lane), and Lift Station "B" (425 11t Street) Design = 100% Construction = 0% Ribault Bay Water System Upgrades (Navy Project) Design = 100% Construction = 0% Plaza Road Post Office Entrance Modifications Design = 100% Construction = 100% PROJECT DESCRIPTION (D) = Applied Technology & Management (D) = CH2M Hill and Public Works (C) = Gruhn May, Inc. (CE&I) = Public Works (C) = Ring Power (CE&I) = Public Utilities (D) = Reynolds, Smith & Hill (C) = Gateway Contracting (CE&I) = Navy, Public Works (D) = Public Works (ROW) and Transystems Corp. (USPS) (C) = R&B Contracting (CE&I) = Public Works PROJECT NO. AND INFORMATION Advertised Requests for Proposals on 10/30/05. Proposals received 11/30/05. Commission authorized staff to negotiate contract on 01/09/06. Contract awarded on 2/13/06. Kick-off meeting held - 2/28/06. Site visits and data accumulation underway. Prequalification packages received 02/09/06. Pre-bid meeting held 02/16/06. Bids received on 2/22/06. Contract awarded to Gruhn May, Inc. on 3/13/06. Preconstruction conference held 4/5/06. Awarded by Commission 10/24/05. Purchase order issued, ordering equipment. Contractor performed site visits to verify genset location and set up. Awaiting equipment delivery. Contractor set forms for concrete bases. DEP permit received 01/03/06. Navy awarded contract to Gateway Contracting. Preconstruction held 4/11/06. COAB right-of-way construction complete. U.S. Post Office construction in progress. Estimated completion date 5/31/06. STATUS ON 4/30/06 /p = uoponJ/suoD a %0 = uopon.tlsuo: MOILmIDSla 1D3fOUId aro g bd 2vD arae 0 ep w 0 CD CD G- 0 rtn CD o 4. Aqs:O a 0 �• Vi — �M.. CD CD cd z 4 p E. 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H0.¢ HCK HC -400 1-'1-41, �i y nro n i n(00 nz r nZ C nZ< nt'1H WOO WZY WH0 WH4 WHHH WHH WCr 00 W 0Q M>.< MHO OHm 0Hm MMC>H> > C >V- on onH S+nH ›mm n nr 0 n m n n O 0 0 nt+1x1 x00 0 xz xH3 xtt'r0 xCz xtt Z 0 m0 "1 t'1 0 n 000 "1CK '7< 'i1C '730 rczro r r WV 00 rrz rtlz r t ro N H M 0 0 0) N H N n N. 0 W N N R' N N H m 0 H N H N 0 wow' w w m wH. la 0H 0 t -r 00)0W, _. r W C'1 W WOH 0 W W C 01 -, < co 0: H 0 (1) n 6£'L -65Z-506 m ro 68TL-t88-506 0 01 HDIA2IHS GHVA/NMV'I ZO8I-Z86-506 sap N 0 01 z 01 2ilvaaa H'IDAO2i0IOW I9ZO-ZZ5-506 eta H o 0 P 0) m 0 0 0 01 01 m O 0 0 01 01 til O 0 0 TILO-L5Z-506 ISILL WOIdO TTLO-L5Z-506 OPTICIAN/OPTOMETRY OFFICE 0 0) £EZZ£ Z3 'OD 'Y SHNO2 O ESOL-65Z-506 SOLICITATION, DOOR TO DOOR s 0 J 03 0) 0 J 0 0-40: >01> C 0 0 H--JH J C H WM 10< ('-'(1:0 H V H 0>y n.0 n W xz W000 001t• r1 "1 ✓ m W N H N Z w n W • EEZZE r3 HDV ' DNIIYOD d2QM 0 n 0 r1 m n m ('1 C n to til Cf) r m 0 [2f H 0 H r OH 10 OW 0 H as 1 t'1 N 0 rP 10 -3 J i 1 O CO J J 03 10 W PROFESSIONAL ESTABLISHMENT LL590-90 AGENDA ITEM #4A MAY 3, 2006 TL590-90 H(0 Hra3 H> yzCo H z0rat9 P' -'-'1W H"1 H 0\ ran H K C'1 H H '/� H n 0 n n H (00.10 t▪ t+1x0 tto>0 0>01 73H 0H0 x00: H 0 C'1 tt 0 0 0 C x W H m W N • N 0 N 0 N 0: WON H W W nZ W r ✓ n LEER -Ln -506 MHN 90/50/5 'INHWHSI'THvISH 23IAUHS E ZZ68-L5Z-506 £NINYH'ID HIV HNOHd SDS NOIIKDIfISSKID 0: r• 0 O 0' CI 4.] `<: '7 ;0 0 0 0 ;n 0 O )' rcr H H 0n N 40 \ Cr*H n o 01 1:[1- 1-` 04 01 n- ,0 - ro H H •• n oz nm n th C 0 '51 H0 H0 zY (0 H r0H H H 01• 0K (00101 M 0 0 t'1HH ro 0 H t'1 W zK vow n 0 a\z mot'1 •• H m >0_ r° 0 00 t'1 00 01 m\ t'1 w m 01 H SNHD I'T AGENDA ITEM #4B MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMIMISSION MEETING STAFF REPORT AGENDA ITEM: Agreement with Beaches Habitat for Utility Installation at Sawgrass Chapel Place SUBMITTED BY: Donna Kaluzniak, Utility Direct() DATE: April 21, 2006 BACKGROUND: Beaches Habitat requested financial assistance to install utilities for a low- income housing project called Sawgrass Chapel Place. This small subdivision will be located on the north side of Dutton Island Road West between Mealy Street and Alley Road. The City offered to provide $50,000 of our Community Development Block Grant (CDBG) funds toward the utility installation. The City will manage the entire utility installation project, including bidding, contract award, and inspection. The estimated cost of the project is $112,000. After the project is complete and accepted, Beaches Habitat will reimburse the City for all costs that exceeded the $50,000 contribution. BUDGET: A total of $50,000 from the City's CDBG funds will be used for the project. Monies from the Water and Sewer Utility Fund in the amount of $62,000 have been transferred for the remaining project costs. Beaches Habitat will reimburse the City for all costs over $50,000 upon project completion and acceptance. RECOMMENDATION: Approve the Contract Between the City of Atlantic Beach and Habitat for Humanity of the Jacksonville Beaches, Inc. and allow the Mayor to sign the contract. ATTACHMENTS: 1. Contract document. RENEWED BY CITY MANAGER: 1 AGENDA ITEM #4B MAY 8, 2006 CONTRACT B:ETIVEEN TEE CITY OF ATLANTIC BEACH AND HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC. THIS AGREEMENT, made and entered in duplicate as of this day of May, 2006, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation in Duval County, hereafter referred to as the "City", and HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC., a Florida nonprofit corporation, hereafter referred to as "Beaches Habitat". WITNESSETH: WHEREAS, the City has been awarded a Community Development Block Grant, hereafter referred to as "CDBG", by the City of Jacksonville, Florida, which provides for the development, establishment and administration of projects to benefit low and moderate income persons, aid in the elimination of slums and blight or meet an urgent community need; and WHEREAS, said grant provides that the City will contract with nonprofit community groups, to administer and implement the project set forth herein; and WHEREAS, Beaches Habitat is the owner of the parcel of land located in Duval County, Florida described as follows (the "Property"): LOT 2, COLORED SUBDIVISION, as recorded in Plat Book 17, Page 41, of the public records of Duval County, Florida, excepting therefrom any part lying within the current right of way ofAlley Road and Dutton Island Road as now established. WHEREAS, The City has agreed to contribute $50,000.00 of its CDBG money to construct water and sewer infrastructure improvements on the Property for a new Beaches Habitat subdivision off Dutton Island Road West to be known as Sawgrass Chapel Place, AGENDA ITEM #4B MAY 8, 2006 hereafter referred to as the "Project" as shown on the attached Utility Plan prepared by Connelly &.Wicker, Inc Consulting Engineers; and WHEREAS, it is in the best interest of the City to enter into a special contract with Beaches Habitat for the administration of that portion of said grant; NOW, THEREFORE, in consideration of the mutual premises and covenants, the parties agree as follows: ARTICLE I Supervision 1.0 The Cityagrees to perform the required services under the general coordination of the Community Development Division, Planning and Development Department, City of Jacksonville. ARTICLE II Scope of Services And Funding 2.0 The City agrees to bid and award a contract for the total cost of the Project, which is estimated at $112,000.00 2.1 The City shall retain control of all payments to the contractor until completion of the Project. The contractor shall submit all invoices to the City. 2.2. Upon completion, acceptance and final payment for the Project, the City will invoice Beaches Habitat for the contract amount that exceeds $50,000.00. 2.3 All invoices for work on the Project that exceed $50,000.00 shall name Beaches Habitat as the party responsible for payment. 2.4 The method of payment shall be according to the Financial Procedures, as established by the City. 2 AGENDA ITEM #4B MAY 8, 2006 2.5 Beaches iabitat shall provide the design and engineering for the Project which shall be reviewed by the City before the Project is advertised. 2.6 The City shall be responsible for determining that all contracts are eligible to participate in Federally assisted construction projects prior to the contract award. 2.7 Beaches Habitat shall maintain documentation that insures eligibility and compliance with the National Objective of the CDBG program and number of persons served by the program, if required. ARTICLE III Indemnification 3.0 Beaches Habitat shall act as an independent contractor, and not as an employee of the City. Beaches Habitat shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the City harmless from all claims, suits, judgments, or damages arising from the services required by this contract during the course of the contract to the extent allowable under the law. ARTICLE IV Contract Period and Termination 4.0 This Contract shall be effective for the period beginning the day and year first above written and shall terminate upon the City's receipt of reimbursement from Beaches Habitat, unless canceled sooner with or without cause, by either party by giving thirty (30) days prior written notice of such cancellation. 3 AGENDA ITEM #4B MAY 3, 2006 ARTICLE V General Prr'vis?o 5.0 The City agrees to adhere to the procurement requirements in their purchase of labor, materials, supplies, and equipment as established by the City of Jacksonville for CDBG grants and comply with all applicable Federal Laws and regulations applicable thereto. 5.1 The City agrees that there is unexpended, unencumbered, and unimpounded funds in its CDBG appropriation to cover $50,000.00 of the cost of the Project, and provision has been made for the funds over the $50,000.00 CDBG monies to come from the City Water and Sewer Utility Fund and to receive reimbursement from Beaches Habitat. 5.2 Beaches Habitat shall include in all advertisements or promotions a statement that whole or partial funding of the Project is supplied by the City of Atlantic Beach, CDBG program. The Project shall also include a sign on the Property indicating that whole or partial funding is supplied by the City of Atlantic Beach's CDBG program. Specifications for the sign shall be supplied by the City. ARTICLE VI Transfer of Utility Lines 6.0 Upon completion of the Project, Beaches Habitat shall transfer title to the utility lines located on the Property to the City, and the City agrees to accept ownership and maintenance of such lines. 4 AGENDA ITEM #4B MAY 8, 2006 IN -WHEREOF,yE�S the parties hereto ereto duly execute this agreement as of the day and year first written above. ATTEST: CITY OF ATLANTIC BEACH, FLORIDA By: Corporate Secretary DON WOLFSON, Mayor Date: HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC. By: Name: Title: Date: 5 ADDRESS: City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 ADDRESS: Beaches Habitat 1671 Francis Avenue Atlantic Beach, FL 32233 CITY INFORM IATION CONTACT PERSONS: DONNA KALUZNIAK Telephone: (904) 247-5834 Facsimile: (904) 247-5843 Email: dkaluzniak@coab.us BEACHES HABITAT INFORMATION Federal Taxpayer Identification Number: 65-02345444 CONTACT PERSONS: RALPH T. MARCELLO CHUCK KENNEDY Telephone: (904) 241-1222 Facsimile: (904) 241-4310 Email: rmarcellobh@bellsouth.net 6 AGENDA ITEM #4B MAY 8, 2006 AGENDA ITEM #4B MAY 8, 2006 t' 5 m m m 80 W8 88 8 NPi Y. 88 8 8 ` W 8 8 8 8 8 Yolpf O SW ,B?,19i $ 9 8 3NI1H31VIN • 3NI1H31VW 8 �I- I UVM f5J .00) y OVOa;'A3liV 0 ji Nki lilt 8888 yin 5o 8 3 NI nl 8 I €6 «< <<<<- 3 « UTILITY PLAN 3 cn cc C) b LL — _13 0' igg ,,g401! "./A g �x5$�e 8 vg 5 a 40.111 1114 1 V5 a V RA 01 illa£g sd a 's g R 1: 41Pi z l CoA V ;y >' ; 1014 48 1141 a n 5 re! ti Vg��t 6e�60a Po �4Y3� �aa6 INQ p pp e. 1 1;4 iR a 181 934k 14 Riik a 11,2 y1 kp88 .1Q1 64:y�a:�c �@ QiK i1 III 4 boa 1@ 34agQ;6$$k �� 5!V G 1g4■ 4as A �6 �€y9 88 ay R kk 14g1p 5 P i# p4@ 9 R° f k 4 R 8, 15 6 1 Ili ii4yp69 ia� a ki 0; ja, $.a-- Ell. 7P bi 6 �e 1�9� 94 ?Q g$ g=b� �yg ads§45�� k ;APE € 4 ?� 8888 <4as ig 1¢ $$B �a�� a9 ae a�SRi 5 #o�$@ R e? ominoaia).05) 2" 3NV1 A•:1V3• V1 rl 1 8 a � Ill!1" 4q °6 483 888 8188 4in A A 4 A Released For Con:well AGENDA ITEM #4C MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Award Bid for the FY 2006 Resurfacing Project (Bid No. 0506-7 Rebid) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: April 28, 2006 BACKGROUND: The rebid opening for the FY 2006 Resurfacing Project occurred on April 26, 2006. Bids were received from APAC-Southeast and Atlantic Asphalt (Hubbard). Neither bid was within budget for the entire project, however, APAC-Southeast's bid would allow resurfacing of nine of the fourteen streets listed on the base bid ($250,444.20 for street resurfacing - Base Bid, and $74,794.24.00 for resurfacing the City Hall parking lot — Additive Alternate #2). The 2006 Overall Condition Index (OCI) for Citystreets is 71.85 compared to 73.30 in 2005. There are 16 paved street segments with an OCI of less than 45. BUDGET: This project is funded from the Gas Tax Account 130-5002-541-3400 (PW0607) — Resurfacing budget $190,000, plus $84,000 for resurfacing the Parking Lot. The total budgeted amount is $274,000. RECOMMENDATION: Staff recommends awarding the FY 2006 Resurfacing contract to APAC-Southeast. Additionally, Staff recommends allocating the excess parking lot resurfacing funds to street resurfacing (—$9,000). The budget will allow for completion of nine streets for $194,227.29 and parking lot resurfacing for $74,794.24.00 for a total cost of $269,021.53. ATTACHMENTS: Bid Tabulation REVIEWED BY CITY MANAGER: May 10 Regular Commission Meeting w d E t 0. 0 .c co 72N ca.as w (.4 a 'c O2 < c.) a c 0) c 2 O O BID #0506 -7 -Rebid X X X X X X X X 1n N t0 rn ti O O O 0) 11) tO 1f) co t` I0 H CO 0) 7 • O N c U a X X X X X X X X (0 10 O 0) O m N 1T ti Nis Required Documents Submission in Triplicate Bid Bond in the Amount of 5% Original Insurance Certificate Three (3) References Proof of Occupational License Signed Copy of Document Requirements Checklist Public Entity Crime Statement Drug Free Workplace Form Total of Items 4.1-4.12 (Milling & Paving) Additive Alternate Bid #1 -Items 5.1 and 5.2 Additive Alternate Bid #2 -Item 6.1 Additive Alternate Bid #3 -Item 7.1 AGENDA ITEM #4C MAY 8, 2006 Award of Bid based on Department Analysis and Commission Approval AGENDA ITEM #6A MAY 8, 2006 RESOLUTION NO. 06-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXPRESSING CONCERN OVER THE TRAFFIC IMPACT OF POSSIBLE LARGE RETAIL DEVELOPMENTS ON ATLANTIC BOULEVARD AND REQUESTING CAREFUL STUDY BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, many citizens of Atlantic Beach have expressed concern over so called "big box" retailers at the Beaches and more specifically along Atlantic Boulevard; and WHEREAS, the citizens have further expressed ongoing concerns regarding traffic congestion that may be increased by the addition of large retailers along Atlantic Boulevard. NOW THEREFORE, be it resolved that the City Commission of the City of Atlantic Beach expresses concern over any large "big box" retailer at the Beaches due to the potential impact on traffic. The City hereby requests that the Florida Department of Transportation carefully and objectively study the potential traffic impact from any such retailer prior to approving any permit applications. PASSED by the City Commission this day of May, 2006. ATTEST: Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor Accepted as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7A MAY 8, 2006 ORDINANCE NO. 20-06-77 AN ORDIINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGLNNLNG OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time, and WHEREAS, the City Commission has considered the positive impact the Navy has on our community and is supportive of the commissioning of the USS Farragut. WHEREAS, the City Commission is supportive of the Atlantic Beach Elementary School capital improvements, upgrading the athletic track for the benefit of all. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2005/2006 Operating Budget be amended as follows: General Fund Expenses: City Commission Operating Expenses — Promotion $1,000 Change in Fund Balance <$1,000> Half Cent Sales Tax Fund Expenses: Parks and Recreation Operating Expenses - Aid to Other Governmental Organizations $10,000 Change in Fund Balance <$10,000> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 24th day of April, 2006. Passed by the City Commission on second and final reading this day of May, 2006. Donald M. Wolfson Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna Bussey City Clerk AGENDA ITEM #7B MAY 8, 2006 ORDINANCE NO. 90-06-193 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDLNG CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, ARTICLE II, LANGUAGE AND DEFINITIONS, SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF SHORT TERM RENTALS; AND FURTHER AMENDING ARTICLE III, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC. 24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS AND STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Comprehensive Plan states in Objective A.1.3. that the City shall encourage future development and redevelopment which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, and WHEREAS, the City's Comprehensive Plan also states in Objective A.1.3.1. that additional commercial or industrial development shall be permitted only on those lands that are zoned to permit such development, and WHEREAS, it is in the best interests of the public health, welfare and safety to restrict any commercial uses in the residential areas of the City of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY THE CITY CON/EMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ,SECTION 1 The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new definition to define short term rentals in Sec. 24-17, Definitions, which shall read as follows: "Short term rent2ls shall mean any residential rental or lease the term of which is less than ninety (90) days_ Short term rentals shall he considered to he, "commercial uses" as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses " SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new subsection to Sec. 24-82, General restrictions upon land, buildings and structures, to be lettered subsection (1), which subsection shall read as follows: "(1) Short term rentals' prohibited Private homes, including hot not 1i -. . •1 I S U - • ./1 1.11 - • • • 1 • • U 1 11 . 1 • • • shall not he rented or leased for a term or period of less than ninety (90) days_ No one shall offer or advertise a private home for rent or lease for a term or period of less than ninety (90) days" Ordinance No. 90-06-193 Page 1 of 2 AGENDA ITEM #7B MAY 8, 2006 SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. ATTEST: Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Ordinance No. 90-06-193 Page 2 of 2 AGENDA ITEM #7C MAY 8, 2006 ORDINANCE NO. 40-06-21 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CREATING RULES FOR CABLE TELEVISION FRANCHISES, ADOPTING CUSTOMER SERVICE STANDARDS, ESTABLISHING OBJECTIVE REMEDIES AND STANDARD ENFORCEMENT PROCEDURES, REQUIRING PERFORMANCE AND INSURANCE GUARANTIES, REQUIRING OTHER PROVISIONS CONSISTANT WITH MODERN TECHNOLOGY AND INDUSTRY DEVELOPMENTS, AND FOR OTHER PURPOSES. AGENDA ITEM #7C MAY 8, 2006 City of Atlantic Beach Cable Television Ordinance Section 1 Grant of authority 3 Section 2 Definitions 3 Section 3 Construction system design standards. 5 Section 4 Technical and operational standards. 6 Section 5 Installation and modification of system. 9 Section 6 Service area and extension of service.- 11 Section 7 Regulation of system and customer service requirements. 14 Section 8 Franchise fees 27 Section 9 Rights reserved to City 28 Section 10 Application criteria, qualifications, procedure and costs. 29 Section 11 Franchise required for operation 32 Section 12 Provision of supplemental services within the City 33 Section 13 Parental control devices 33 Section 14 Education and Government Channels 34 Section 15 Liquidated Damages 35 Section 16 Citation 41 Section 17 Amendments. 40 Section 18 Effective Date. Error! Bookmark not defined. Ordinance No. 40-06-21 AGENDA ITEM #7C MAY 8, 2006 CHAPTER CABLE TELEVISION [Ordinance Number] Section 1 Grant of authority. (a) The City of Atlantic Beach herein sets forth the conditions for the grant of a nonexclusive franchise to construct, operate and maintain a cable television system for the city and its residents, the system to be located in, upon, along, across, over and under the streets and roads of the City and all extensions and additions thereto for a period not to exceed ten (10) years commencing with the effective date of the Franchise Agreement issued pursuant to this chapter, subject to the rights, obligations, conditions and restrictions as hereinafter provided and as provided in the written Franchise Agreement. Should there be a conflict between the terms of this Chapter and the Franchise Agreement, the Franchise Agreement shall prevail. (b) The City retains authority to provide for the regulation and control of the cable television system as prescribed herein in accordance with Federal and State law subsequent to the award of the Franchise and the City Commission and the City retain the authority to review the performance of the Franchisee periodically for compliance with the Franchise Agreement. (c) The City assumes jurisdiction, to the fullest extent allowed by law, to enforce all laws and regulations relating to cable television service in the City. Section 2 Defmitions. For purposes of this Chapter, unless the context otherwise requires: (a) "Access Channels" mean any channel designated for non-commercial use as educational or local government channels. (1) "Educational Access Channel" means any designated channel for noncommercial use by local educational authorities; (2) "Government Access Channel" means any designated, noncommercial channel for local government use; Ordinance No. 40-06-21 3 (b) "Billing complaint" means a Subscriber complaint regarding errors in billing. (c) "Cablecasting" means programming carried on a cable television system (d) "Cable System" or "Cable Television System" means as defined in 47 U.S.C. Sections 521 et seq., (the "Cable Act"), as may be amended from time to time (e) "Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel, as defined by the FCC, and: (1) "Leased Access Channel" means a channel or a portion of a channel which is available for lease in accordance with Section 612 of the Cable Act (47 U.S.C. §532); (f) (g) "Director" means the City Director of Public Works or his designee. "Manager" means the City Manager, or the City Manager's designee. (h) "FCC" means the Federal Communications Commission, or any successor governmental entity thereto. (i) "Franchisee" means the person or entity that is awarded a franchise by the City to construct and operate a Cable Television System within the City in accordance with the provisions of all applicable law and enters into a Franchise Agreement. (j) "Franchise Area" means the legal boundaries of the City of Atlantic Beach, Florida. (k) "Public Proceeding" means a meeting open to the general public with prior announcement of the time and place at which members of the public are provided an opportunity to be heard. (1) "Service Complaint" means a complaint by a Subscriber or an applicant for subscription on the availability of obtaining service or signal quality but does not include complaints about programming selection. (m) "Public Right -of -Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk, Ordinance No. 40-06-21 4 lane, public way, drive, circle or other public right-of-way including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the Franchise Area, which shall entitle the City and the Franchisee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. "Public Right -of -Way" shall also mean any easement now or hereafter held by the Franchising Authority within the Franchise Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall, within their proper use and meaning, entitle the City and the Franchisee to the use thereof for the purposes of installing, operating, and maintaining the Franchisee's Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable System. Notwithstanding the foregoing, "Public Right -of -Way" shall be limited to such locations where Franchisee may use, install, operate, repair, and maintain the Cable System without the violation of any law, ordinance of general applicability, easement, or right-of-way. (n) "Subscriber" means a person lawfully receiving any service delivered over the Cable Television System in exchange for payment. Any of the terms used herein, and the definitions thereof, that are defined in Section 76.5 of the rules of the FCC as amended from time to time, or in the Cable Act, and not mentioned in the above definitions, are incorporated herein by reference. Section 3 Construction system design standards. (a) The Cable System will be designed for a minimum of 78 video channels. The system shall be two-way capable. An applicant for a franchise is free to propose a Cable System plan that best accomplishes a modern broadband communications system that meets the reasonable needs and interests of the community. Ordinance No. 40-06-21 5 (b) The Franchisee shall provide all local broadcasting television stations as may be required by the FCC or federal law. Section 4 Technical and operational standards. The policy of the City with respect to technical and operational standards is to require that the Cable Television System be safely constructed and operated and that the system's components be durable and reliable. Signal reception standards and subscriber reviewing standards shall be maintained at all times by the Franchisee at a level at least equal to the minimum standards prescribed by the FCC now and hereafter. Overall technical performance of the system shall be assessed in relation to these standards. The Franchisee shall meet all FCC technical and operational standards. Subject to any pole attachment agreement between Franchisee and the owner of the applicable utility pole(s), Franchisee shall remove all cable lines, and any and all appurtenances and connections thereto, from any and all poles subject to pole change outs within 45 days of notice to Franchisee of such pole change out. (a) Construction standards and specifications. Methods of construction, installation and maintenance of the City's Cable Television System shall comply with all applicable federal, state and generally applicable local laws and regulations, and shall comply with the National Electrical Safety Code (NESC) and generally applicable local laws regulating the construction, installation and maintenance of electric supply and communication lines. (1) Tower. The following standards may be modified only with the written approval of the City Manager: (i) A tower constructed in the City for use of the Cable Television System shall comply with the standards contained in Structured Standards for Steel Antenna Supporting Structures, EIA Standards RS -222-A, as published by the Engineering Depaitment of the Electronics Industries Association, 2001 I Street, N.W., Washington, D.C. and as amended from time to time. Any tower shall also comply with all generally applicable City of Atlantic Beach zoning and land use regulations. Ordinance No. 40-06-21 6 (ii) Installation and physical dimensions of a tower constructed for use in the City's Cable Television System shall comply with all appropriate Federal Aviation Agency regulations, as amended from time to time. The tower shall also comply with all generally applicable City of Atlantic Beach zoning and land use regulations. (iii) An antenna structure constructed in the City and used for the cable television system used in the City's cable television system shall comply with Construction, Marketing and Lighting of Antenna Structure, 47 CFR 17.1 et seq. (b) FCC standards. The system shall meet all applicable federal standards for reception of broadcast signals, as currently prescribed in 47 CFR 76.601 et seq., as amended from time to time. The signal reception standards as now existing or hereafter issued by the FCC are incorporated into and made a part of this chapter. Grading of the quality of each locally receivable signal against the performance of the system in delivering that signal to Subscribers shall be measured by FCC tests upon written request by the City Manager. (c) The Franchisee shall comply with all appropriate technical standards of the FCC as published in subpart K of 47 C.F.R. § 76. To the extent those standards are altered, modified, or amended during the term of this Franchise Agreement, the Franchisee shall comply with such alterations, modifications or amendments within a reasonable period after their adoption by the FCC. As provided in these rules, the Franchising Authority shall have, upon written request, the right to obtain a copy of tests and records required to be performed pursuant to the FCC's rules. (d) On the effective date of this Ordinance, it is acknowledged that Franchisee has above ground transmission and distribution facilities as referenced in the attached Exhibit "A," a large scale copy of which will be provided to the City by Franchisee upon entering into the Franchise Agreement. However, if all of the transmission and distribution facilities of all of the respective public or municipal utilities in said area of the Franchise Area are to be placed underground after the effective date of Ordinance No. 40-06-21 7 this Ordinance, the Franchisee shall place its Cable Systems' transmission and distribution facilities underground within a reasonable period; provided that such underground locations are actually capable of accommodating the Franchisee's cable and other equipment without technical degradation of the Cable System's signal quality. If all of the transmission and distribution facilities of all of the respective public or municipal utilities in any area of the Franchise Area are placed underground at a subsequent date, then Franchisee shall use its best efforts to place its Cable Systems' transmission and distribution facilities underground within forty-five (45) days of written notice by the City, provided that all of the public or municipal electric utility's transmission and distribution facilities are underground prior to Franchisee's placement of its Cable Systems' transmission and distribution facilities underground. It is the policy of the City to encourage underground installation wherever practicable. Franchisee may, at any time, install its cable plant underground in areas where other utilities are aerial. If aerial facilities are required to be moved underground by the City pursuant to a beautification or other public improvement project, the City will use reasonable efforts to assist Franchisee in recovering the costs of relocation from any private, local, state or federal funds available for the project but is not itself required to pay for such cost unless such funds are passed through the City or its department specifically for the relocation of Franchisee's utilities, including the passage of funds through the City or its department for the relocation of private utilities which would include, by implication, the relocation of Franchisee's utilities. Nothing in this Section shall be construed to require the Franchisee to construct, operate, or maintain underground any ground -mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. Underground installation shall be done in accordance with the following requirements: (1) Underground installation shall be done as follows: Ordinance No. 40-06-21 8 (i) All cable television lines, cables and wires, except those referenced above in the attached Exhibit "A" shall be installed underground. The cost of all installations shall be born by the Franchisee. (2) The Franchisee's cable television distribution system in the public streets shall comply with all federal, state and generally applicable local laws and regulations in the Franchise Area. (e) In accordance with FCC requirements, the Cable System shall include an emergency alert capability which will permit the City to override, by remote control, the video and audio of all channels simultaneously except those involved in retransmission of television broadcast programming. This provision shall be implemented in a manner consistent with and to the extent permitted by federal and state emergency alert requirements. (f) The Franchisee shall maintain equipment capable of providing standby power for headend, transportation and trunk amplifiers for a minimum of two (2) hours. Section 5 Installation and modification of system. (a) The Franchisee shall obtain a permit from the Director of Public Works and give prior written notice of proposed construction within the time frame required by City code and regulations of general applicability prior to the construction so as to coordinate all work between the City and the Franchisee. The City Manager shall have the right to inspect all construction by the Franchisee in the streets, and to make such periodic inspections as the City deems necessary to ensure compliance with the terms of its franchise and other pertinent provisions of law of general applicability. Such inspections shall be performed in a manner so as to avoid interference with a Franchisee's construction activities and with the delivery of services to customers. Franchisee may have a right to be present at time of inspection. (b) A Franchisee shall, at its expense, protect, support, temporarily or permanently disconnect or relocate in the same street or other public place any property of the Franchisee or component of the Cable System by reason of traffic conditions, Ordinance No. 40-06-21 9 public safety, street closing, street construction, change or establishment of street grade, installation of sewers, drains, construction of buildings, water pipes, power or signal lines, and further provided that if federal or state funds are available to any person impacted by the change for the purpose of defraying costs related thereto, the City will upon request assist Franchisee in applying for such funds. (c) All wires, conduits, cables and other property and facilities of the Franchisee shall be so located, constructed, installed and maintained as not to endanger or interfere with the usual and customary traffic and travel upon the streets and public places of the City and so as not to endanger or interfere with the quality of the street, its surface, curbs, and any adjacent materials as the City Manager shall see fit. Upon request of the City, the Franchisee will plainly and visibly mark the location all wires, conduits, cables and other property and facilities of the Franchisee. The Franchisee shall keep and maintain all of its property in good condition, order and repair. The Franchisee shall keep accurate maps and records of all its facilities. Upon prior written notice, Franchisee shall provide the City Manager with strand and trench maps showing the location of its strand, trenches and vaults. The Franchisee shall not place equipment where they will interfere with the rights of property owners, with gas, electric or telephone fixtures or with water hydrants or mains or sewer or existing or planned construction by the City or its agencies or officers. Franchisee shall adhere to City's permitting process of general applicability and will restore land to original or similar condition. (d) The City shall give the Franchisee reasonable prior written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall describe the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the Franchisee thirty (30) days to make any additions, alterations or repairs to its facilities, so as to permit the Franchisee to maintain continuity of service. If the Franchisee shall fail, refuse or neglect to comply within the thirty (30) day notice period, upon seven (7) days written notice, the City may Ordinance No. 40-06-21 10 make the changes in the Franchisee's facilities at the Franchisee's cost and, absent gross negligence, the City shall not be liable to the Franchisee for damages resulting from the removal, alterations or relocation. All costs in connection therewith shall be paid by the Franchisee within thirty (30) days from receipt of the invoice therefore, with interest accruing at prime rate plus one percent (1%) thereafter. (e) The Franchisee shall, on the written request of any person holding lawful a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of temporary removal or raising or lowering of wires shall be paid by the person requesting it, and the Franchisee may require payment in advance. The Franchisee shall be given not less than ten (10) business days' notice of a contemplated move to arrange for temporary wire changes. (f) The Franchisee shall have the authority to trim trees and small limbs upon and overhanging streets, alleys, sidewalks and other public places of the City so as to prevent the branches of the trees from coming in contact with its wires and cables. Franchisee shall obtain written approval of the City prior to removing any trees or cutting limbs either of which is over four (4) inches in diameter. City may require Franchisee to install its lines underground to accommodate and avoid the need to trim larger trees. In the event of an emergency, such as storm damage to trees near the Cable System, Franchisee may trim dead trees without advance notice to the minimum extent required to alleviate the threat. Nothing herein waives or modifies the requirement for the Franchisee to obtain any necessary permits or licenses. Section 6 Service area and extension of service. (a) Initial service area. For any initial franchise granted to an applicant not already providing cable service to a majority of the residents of the City, a Franchise Agreement shall provide for an initial service area comprised of all parts of the Franchise Area with a minimum density of thirty (30) homes per mile to be fully constructed and activated with services being offered to all residents in the area within a reasonable time to be set forth in a Franchise Agreement. The initial service area shall be designated in Ordinance No. 40-06-21 11 such a way as to ensure a Franchisee is not red -lining or excluding any neighborhoods based on economic, racial, multiple dwelling unit densities or other criteria. (b) Extension of service outside initial service area. The Franchisee shall extend its plant and make service available to any new areas of the City having density of seven (7) or more dwelling units per linear street mile within sixty (60) days after such areas are built out. Franchisee shall offer Cable Service to all new homes or previously un -served homes located within one hundred twenty-five (125) feet of the Franchisee's distribution cable. The Franchisee may elect to provide Cable Service to areas not meeting the above density standards. The Franchisee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis (actual costs) to be calculated on that portion of the installation that exceeds the one hundred twenty-five (125) foot standard set forth above. (c) Progress and status reports. (1) A Franchise Agreement containing construction requirements as set forth above shall include as an exhibit a construction plan, indicating the timetable for construction of the various segments of the system. This plan may not be amended without the approval of the City Manager, in a formal writing, with a revised schedule attached. The schedule shall be in sufficient detail to provide the dates for each element of work. (2) From the date of commencement of construction through the completion of the construction timetable, the Franchisee upon request shall furnish to the City Manager progress reports at three-month intervals. The reports shall indicate, in detail, the progress of construction. (d) Construction Delay. Upon expiration of the construction schedule attached to a Franchise Agreement without construction having been completed, the City shall give a Franchisee written notice of non-compliance. Failure to cure the non-compliance Ordinance No. 40-06-21 12 within thirty (30) days from receipt of the written notice shall result in the assessment of liquidated damages in the amount of Two Thousand Dollars ($2,000) per day, starting the 31st day after receipt of notice of noncompliance. (e) Indemnity and insurance. (1) The Franchisee shall at all times indemnify, protect and save harmless the City from any and all penalty, damage or charges (including attorneys' fees, costs, and such fees and costs incurred by an appeal) arising out of claims, suits or causes of action, of award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, including any payments required by the workers' compensation law, which may arise out of or be caused by the erection, location, maintenance, repair, installation, replacement or removal of the Cable Television System within the Franchise Area or by any act or omission of the Franchisee, its agents or employees, and recognizes that the granting of this Franchise is good and valuable consideration for giving this indemnity, and that a portion of the value of the Franchise otherwise paid to the City was reduced for this indemnity. This indemnification shall not apply to any direct City gross negligence or willful misconduct. (2) Concomitant with the execution of the Agreement, and at all times during the term of the franchise, the Franchisee shall obtain, pay all premiums for, and file with the City Manager certificates of insurance evidencing payment of the premium of a comprehensive general liability policy issued by a company authorized to do business in the State of Florida, of not less than (i) One Million Dollars ($1,000,000) for property damages for any one accident; (ii) One Million Dollars ($1,000,000) for each person; and (iii) Five Million Dollars ($5,000,000) for each occurrence for liability due to personal injury or death. This insurance shall protect the City from and against all claims, demands, actions, judgments and liabilities, which may arise or result, directly or indirectly, from or by reason of loss, injury or damages. In lieu of insurance, the Franchisee may deposit in a manner approved in writing by City cash or securities Ordinance No. 40-06-21 13 providing the security called for in this paragraph. All insurance required hereby shall include the City as an insured party. (f) Construction Bond. If required by the City Public Works Director, prior to any Cable System construction, upgrade, rebuild in the streets, excluding work connected with normal operation and maintenance of the System such as line extensions and general repair, Franchisee shall furnish a construction bond in favor of the City in an amount equal to the lesser of the projected cost or One Hundred Thousand Dollars ($100,000). If such construction bond is not furnished to the City ten (10) days prior to the start of any such construction, construction shall be delayed until such time as the construction bond is provided in a form approved by the City or its designee. The construction bond shall be maintained until said construction work is completed and activated for a period of six (6) months thereafter at which point it will be automatically released. (g) Fair employment practices. The Franchisee shall comply with all lawful federal and state law regarding affirmative action in employment. Section 7 Regulation of system and customer service requirements. (a) To the extent permitted by federal and state law, the City shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules for the conduct of the business contemplated hereunder so long as the modification does not diminish benefits or increase obligations of Franchisee. (b) The continuing day-to-day regulatory jurisdiction of the City shall be exercised by the City Manager, who shall have the following responsibilities and duties and such other responsibilities and duties as the City may assign in accordance with law: (1) Establishing reasonable customer service standards as permitted by federal and state law. Ordinance No. 40-06-21 14 (2) Making proposals to the Franchisee and Subscriber in order to facilitate the resolution of disputes or disagreements between the Franchisee and Subscriber, which are brought before the City Manager by a Subscriber. (3) Reviewing all reports and filings submitted to the City as required hereunder and such other correspondence as may be submitted to the City concerning the operation of the system and reviewing the rules and regulations set by the Franchisee under the provision herein. (4) Assuring that all rates and rules pertinent to the provision of service are communicated to the public at reasonable hours and upon reasonable request in accordance with the FCC's requirements. (5) Conferring and coordinating with the Franchisee on the efforts to interconnect the City's Cable System with other communications systems with respect to public, educational and governmental programming as set forth in this Ordinance. (6) Reviewing annual FCC reports regarding the technical performance of the system upon written request. in order to assess whether the system is maintaining required technical standards. (c) Customer Service Requirements. The following requirements shall apply under "Normal Operating Conditions," which under this subsection means those service conditions that are within the control of the cable operator and as prescribed in subsection (4) of this subsection. Those conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, and telephone network outages and severe or unusual weather conditions Those conditions that are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per- view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. (1) Franchisee shall maintain all parts of its system in good condition and in accordance with standards promulgated by the FCC and as may be set forth in the Ordinance No. 40-06-21 15 City Code if mutually agreed upon with Franchisee and of general applicability and a Franchise Agreement. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all customers and facilities. The customer service standards set forth herein are applicable to all Cable Services and any Franchise Agreement. (2) A Franchisee shall maintain at least one (1) conveniently located bill payment location in the City of Atlantic Beach or the City of Jacksonville Beach or the City of Neptune Beach with a staffed customer service counter for the distribution and receipt of equipment, payments and customer service complaints. A Franchisee may negotiate with other commercial establishments (e.g. supermarkets, shopping centers) to establish payment centers at their locations to satisfy these requirements. (3) Franchisee shall maintain a listed local, toll-free telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by Subscribers and members of the public to contact the Franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week. (4) Franchisee shall answer all customer service and repair telephone calls made under Normal Operating Conditions within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call to a live customer service representative. For purposes of this Chapter, the term "Normal Operating Conditions" shall have the definition contained in the Code of Federal Regulations, at 47 C.F.R. 76.309 (c) (4) (ii) as amended from time to time. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. Upon request, Franchisee shall submit reports showing its performance under this subsection on a monthly basis; however, its performance shall be measured for purposes of compliance with the above standard on a quarterly basis. Ordinance No. 40-06-21 16 (5) Franchisee shall employ and maintain sufficient qualified personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to receive Subscriber complaints or requests for service or repairs on a full-time basis, twenty-four (24) hours per day, seven (7) days per week; (iv) to initiate and undertake nouual repairs, and initiate action with respect to any Subscriber service complaints within twenty-four (24) hours; (v) to enable a service technician to respond to service calls twenty-four (24) hours per day, seven (7) days a week, including holidays when multiple Subscribers serviced from the same, nearest active electrical device such as an amplifier, call with the same complaint (6). Franchisee must meet each of the following standards no less than ninety-five percent (95%) of the time under normal operating conditions as measured on a quarterly basis: (i) Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a Subscriber specifically requests an installation date beyond the seven (7) business day period. "Standard" installations are up to one hundred twenty-five (125) feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, a representative of the Franchisee will contact the Subscriber. (ii). Franchisee will begin working on Service Interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. "Service Interruptions" shall be defined as in 47 C.F.R. 76.309 (c) (4) (iii) as amended from time to time. Franchisee will begin working on other service problems no event later than forty-eight (48) hours after the problem becomes known. Franchisee shall make best efforts to undertake normal repairs and initiate action within a reasonable time period of such interruption and, to the extent they are within the Franchisee's reasonable control, Service Interruptions, and service problems will be responded to, addressed, and Normal Operating Conditions will be restored within seventy-two (72) hours after receipt of a complaint. Ordinance No. 40-06-21 17 (iii) The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a three (3) hour time block during Normal Business Hours, or at the election and discretion of the Subscriber, "all day". "Normal Business Hours" shall be defined as in 47 CFR Section 76.309 (c) (4)(i) as amended from time to time. (iv) Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment without first attempting to contact the Subscriber; and (v) If at any time an installer or technician is running late for a scheduled appointment, the customer will be contacted and the appointment rescheduled, if necessary, at a time that is convenient for the customer. (vi) Franchisee shall submit reports, upon request, to the City Manager showing its performance under this subsection on a monthly basis, however, its performance shall be measured for purposes of compliance with the above standard on a quarterly basis. (vii) A Franchisee shall implement a policy of providing credits for customers who complain to Franchisee about service outages in a pro -rated amount of that customer's normal monthly bill representing the number of days the customer was affected. (7) Subscribers who, under Noimal Operating Conditions, have experienced one (1) missed installation or service appointment due to the fault of Franchisee shall receive installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the Subscriber shall receive a credit on its bill of Twenty Dollars ($20.00). An appointment shall be considered missed if the technician arrives more than fifteen (15) minutes later than the designated time block. (8) Disconnection. (i) Voluntary Disconnection. Ordinance No. 40-06-21 18 (A) A Subscriber may terminate service at any time. (B) A Franchisee shall promptly disconnect any Subscriber who so requests from the Cable System of the Franchisee. No period of notice prior to voluntary termination of service may be required of Subscribers by any Franchisee. So long as the Subscriber returns equipment within five (5) business days of the disconnection, no charge may be imposed by any Franchisee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request. (C) Any security deposit and/or other funds due the Subscriber shall be refunded on disconnected accounts after any Franchisee equipment on customer premises, including all converters but excluding wiring, have been recovered by the Franchisee. Refund checks will be issued promptly, but no later than either the customer's next billing cycle or thirty (30) days whichever is earlier. (ii) Involuntary Disconnection. If a Subscriber fails to pay a monthly Subscriber or other fee or charge, the Franchisee may disconnect the service outlet of the Subscriber; however, such disconnection shall not be effected until both thirty-five (35) days after the due date of the monthly Subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the Subscriber in question. If the Subscriber pays the balance due within thirty-five (35) days of the due date or within ten (10) days after notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection, upon payment by the Subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall reinstate service. Franchisee reserves the right to deny service to any customer who has been repeatedly disconnected for non-payment of services to the extent such rights are consistent with applicable state and federal law. (iii) Nothing in this Ordinance shall be construed to prevent the Franchisee from removing its property from a premises of a Subscriber upon the termination of service consistent with FCC rules and regulations and any other applicable law. At the request of a Subscriber, a Franchisee shall remove its Subscriber equipment Ordinance No. 40-06-21 19 from the premises of the Subscriber within thirty (30) calendar days of the request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. (9) Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall use its best efforts to ensure that such interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m., except during a rebuild or upgrading of the Cable System. Franchisee shall maintain a written or electronic log for all intentional service interruptions. (10) Franchisee shall cause all of its field employees or subcontractors to wear a picture identification badge indicating employment or engagement by Franchisee. This badge shall be clearly visible to the public. All service vehicles of such persons shall be clearly marked with the name or logo of the Franchisee. (11) A Franchisee shall develop written procedures for the investigation and resolution of all Subscriber or City resident complaints, including, but not limited to, those regarding the quality of service, equipment malfunction and security deposits, which procedures shall be provided in advance of distribution to the City. A Subscriber or City resident who has not been satisfied by following the procedures of the Franchisee may submit a complaint with the City. The good faith or lack thereof of the Franchisee in attempting to resolve Subscriber and resident complaints in a fair and equitable manner will be considered in connection with the renewal application of the Franchisee. Upon request, Franchisee shall maintain a complete list showing the number of billing complaints received by category. (12) The City, or its designated representatives, shall have the right to review and audit the customer service call center numbers. If such audit concludes that Franchisee has a five percent (5%) or greater margin of error in its reporting of customer service numbers, Franchisee shall reimburse the City for its audit expenses. Ordinance No. 40-06-21 20 (13) Franchisee shall abide by the following requirements governing communications with customers, bills and refunds: (i) Each Franchisee shall provide to Subscribers written information in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the Subscriber: (A) How to use the cable service; (B) Installation and service maintenance policies; (C) The products and services offered; (D) Prices and service options; (E) Channel positions of programming carried on the system; (F) The procedures of the Franchisee for the receipt and resolution of customer complaints, the address of the Franchisee and telephone number to which complaints may be reported, and the hours of operation; (G) The telephone number and address of the City office designated to handle cable television complaints and inquiries shall be printed on the back of the bill; (H) The availability of a parental control options; (I) The Franchisee's information - collection and disclosure policies for the protection of the privacy of the Subscriber. (ii) Franchisee bills will be clear, concise and understandable. (iii) Refund checks will be issued promptly, and in no later than thirty (30) days or the next billing cycle of the customer following the resolution of a refund request, or the return of the equipment supplied by the Franchisee if service is terminated. (iv) Credits for service will be issued no later than the next billing cycle of the customer following the detei ination that a credit is warranted. Ordinance No. 40-06-21 21 (v) A Franchisee shall provide Subscribers, the City, and the City Manager with at least thirty (30) days advance written notice of any changes in rates, charges, or channel lineup, or changes of cable services offered over the Cable System in the manner required by FCC rules. (14) A Franchisee shall provide a pro -rated twenty-four (24) hour credit upon request by the Subscriber to the account for any period of four (4) hours or more within a twenty-four (24) hour period during which a Subscriber experienced and reported an outage of service or substantial impairment of service due to a system malfunction. (15) Billing. (i) The first billing statement of the Franchisee after a new installation or service change shall be pro -rated as appropriate and shall reflect any security deposit. (ii) The billing statement of the Franchisee must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Invoices will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (iii) The billing statement of the Franchisee must show a specific due date not earlier than ten (10) days after the date of the beginning of the service period. Any balance not received within ten (10) days after the due date may be assessed an administrative charge or late fee not to exceed Five Dollars ($5.00). The charge will appear on the billing statement of the following month. (A) Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the Franchisee, its employees, or contractors, including failure to timely or correctly bill the Subscriber, or failure to properly credit the Subscriber for a payment timely made. Ordinance No. 40-06-21 22 (iv) The Franchisee must notify the Subscriber that payment can be remitted in person at the office of the Franchisee and inform the Subscriber of the address of the nearest office where payment can be made. (16) Alterations in Cable Service. (i) If a Franchisee wishes to alter the service being provided to a Subscriber (including by re -tiering, restructuring a tier or otherwise) in such a way that the Subscriber will no longer be able to obtain the same package of services, then the Franchisee must provide the Subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect of the alteration, and provide the Subscriber the right within the thirty (30) day period following notice, to opt to receive any other combination of services offered by the Franchisee. (ii) Except as provided herein, or under applicable federal or state law, no charge may be made for any service or product which the Subscriber has not affirmatively indicated, in a manner separate and apart from payment of the regular monthly bill that it wishes to receive. (17) Where a Franchisee offers and/or advertises any product or service in the City, such products and services must be made available to all customers in the Franchise Area. Failure to provide any product or service to a customer consistent with the material terms and conditions of the offers and advertisements, upon request and agreement to pay, shall be considered a violation of this Ordinance. This section shall not apply to new products and services being offered on a trial or experimental basis not to exceed a twelve (12) month period in a limited area for purposes of testing, assessing customer interest, or other legitimate business reason for such new products. (18) Franchisee, through its local manager or other person responsible for the operation of the Cable System, shall certify in writing to the City bi-annually that based upon internal due diligence by the Franchisee that to the best of knowledge of the Franchisee, it is in substantial compliance with the standards set forth in the customer service requirements of this Ordinance. At the request of the City, the Franchisee shall Ordinance No. 40-06-21 23 submit such documentation, as may be reasonably required, to demonstrate compliance of the Franchisee with this Section. This documentation shall be submitted within forty- five (45) days of the receipt of the written request of the City to the City Manager. (19) Excessive customer complaints to the City. If in any single month the number of Service Complaints and Billing Complaints from different individuals received by the City exceeds eleven (11) under Normal Operating Conditions, the City Manager may notify Franchisee in writing and request a meeting with Franchisee's system manager within five (5) business days to determine the cause of the high call volume and to establish a plan to cure or commence to cure within thirty (30) days the cause of the high call volume. Complaints to the City, that Franchisee demonstrates are unsubstantiated, by any third party, organization, group or the City shall not count toward assessment of the damages set forth herein. (20) Where the Franchisee has knowledge of any funds collected from Subscribers by Franchisee in excess of that which is lawfully allowed under applicable federal, state or local law, rules, regulations or by contract or agreement, Franchisee shall issue to Subscriber cash refunds no later than the next billing cycle or forty-five (45) days, which ever is greater. (21) Responsibility for the administration of this Ordinance and the Franchise -agreement, and for the investigation and assistance in resolving complaints against the Franchisee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order fines, is hereby delegated to the City Manager, who is empowered, among other things, to settle, or compromise any controversy arising from operations of the Franchisee, on behalf of the City in accordance with the best interests of the public. The City Manager may require compliance with specific obligations of this Ordinance and the Franchise Agreement, provided that the Franchisee, may appeal the matter to the City Commission for deteimination. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission, shall be contrary to the provisions of the Ordinance or any Franchise Ordinance No. 40-06-21 24 Agreement issued pursuant to the Ordinance, and neither the City Manager nor the City Commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of the Ordinance or of the Franchise Agreement. (22) In addition to complying with the customer service standards set forth in this Ordinance or in any Franchise Agreement issued pursuant to this Ordinance, a Franchisee shall comply with all FCC customer service standards applicable to Cable Systems and any other applicable federal or state law concerning customer service standards, consumer protection, and unfair or deceptive trade practices, as the same shall be amended from time to time. (23) The City expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any Franchise Agreement. (24) Subscriber Privacy. (i) A Franchisee shall at all times protect the privacy of all Subscribers to the full extent required by Section 631 of the Cable Act, 47 U.S.C. 551, and state law. A Franchisee shall not condition Subscriber or other service on the grant of permission of the Subscriber to disclose information that, pursuant to federal or state law, cannot be disclosed without the explicit consent of the Subscriber. No penalties or extra charges may be invoked by the Franchisee for a failure of the Subscriber to grant consent. (ii) Unless otherwise permitted by federal or state law, neither the Franchisee nor its agents or employees shall, without the prior and specific written authorization of the Subscriber involved, sell, or otherwise make available for commercial purposes the names, addresses or telephone numbers of any Subscriber or Subscribers, or any information which identifies the individual viewing habits of any Subscriber or Subscribers. Ordinance No. 40-06-21 25 (25) All data and information required by this Ordinance to be provided to the City by Franchisee shall reflect only the operations of the Cable System within the City. The City shall maintain the confidentiality of any infoumation provided by a Franchisee that has been designated as Confidential or Trade Secret information, subject to State or Federal law. (26) Regarding customer service standards adopted by other Franchising Authorities located within Duval County only, the Franchisee shall amend the Franchise Agreement with the City to provide City with the same terms, upon the City's written request. (27) Franchisee may pass through to Subscribers any costs arising from customer service standards greater than those set forth in federal law by the FCC. In the event that Franchisee intends to pass through to Subscribers any such additional costs, the Franchisee must provide at least thirty (30) days prior written notice to the City and shall provide the City with such documentation as may be reasonably required by the City to substantiate such additional cost. Upon request, the customer service requirements at issue shall be suspended while the City evaluates any information provided by Franchisee. (28) No Third -Party Beneficiaries. Nothing in this Ordinance or any Franchise Agreement is or was intended to confer third -party beneficiary status on any member of the public to enforce the terms of such Ordinance or Franchise Agreement. (29) The Franchisee shall designate channel capacity for Leased Access in accordance with the requirements of Section 612 of the Cable Act, as amended. (30) All system monitoring shall be in compliance with Federal and State privacy and surveillance laws. (31) Franchisee shall permit the City designee to inspect the technical equipment and facilities of the system upon reasonable prior written notice, not to be, unless required by exigent circumstances, less than seventy-two (72) hours. Ordinance No. 40-06-21 26 Section 8 Franchise fees. The Florida Simplified Communications Services Tax Act preempts Section 8 of this Ordinance. If, however, the Florida Communications Services Tax Law is amended or repealed so that a local franchising authority is allowed to impose and collect franchise fees, then forty-five (45) days after the effective date of any such statutory amendment or repeal, this Section 8 of the Ordinance will become effective with respect to all Franchise Agreements or at such time as stated in said amendment or repeal of the Florida Communications Services Tax Law. Unless otherwise provided by law, Franchisee shall collect and remit franchise fees for the entire period following the effective date of the aforementioned change in law, even if some collection and payment must be done in arrears to allow for changes to the billing process. The intent of this section is to ensure the City is not deprived of any franchise fees to which it would otherwise be entitled following a change in state law. (a) The Franchisee shall pay, as fair compensation for a franchise granted pursuant to this Ordinance, and in consideration of permission to use the streets and public ways of the City for the construction, operation, maintenance and reconstruction of a Cable System within the City, an annual franchise fee not to exceed the maximum fee permitted by law based upon Franchisee's provision of cable television services within the City. The exact amount of this franchise fee shall be set forth in the Franchise Agreement between the City and Franchisee. Any increase in the franchise fee shall be voted on at a public hearing of the Commission following the notice and opportunity for public comment required by law. Franchise fee payments shall be made to the Finance Officer. (b) Payments due the City under this provision shall be computed quarterly, for the preceding quarter, as of January 1, April 1, July 1 and October 1. Each quarterly payment shall be due and payable no later than forty-five (45) days after the relevant computation date. Each payment shall be accompanied by a brief report to the City Manager showing the basis for the computation and such other relevant facts as may be required by the City. Ordinance No. 40-06-21 27 (c) No acceptance of a payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall the acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this chapter. All amounts paid shall be subject to audit and re -computation by the City. In the event that re -computation results in additional revenue to be paid to the City, the amount shall be subject to a surcharge, charged for each day for which the payment was delayed, calculated in accordance with the prime rate of interest as published in the Wall Street Journal as of the date of re -computation. (d) Annual revenue statements, acceptable to the City Manager, shall be submitted within forty-five (45) days after completion of the Franchisee's year-end close verifying revenues generated under the Franchise Agreement. (e) Nothing in this section shall limit a Franchisee's liability to pay other local taxes of general applicability. Any tax, fee or assessment that is imposed by the City upon any Franchisee or its Subscribers solely because of their status as such, shall be treated as a franchise fee. (f) Franchisee shall have the right to designate that portion of a Subscriber's bill attributable to the franchise fee as a separate item on the bill and shall have the right to pass through to Subscribers the full amount of the franchise fee. Se'tion 9 Rights reserved to City. Without limitation upon the rights that the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities: (a) To exercise its lawful governmental powers now or hereafter to the full extent that these powers may be vested in or granted to the City. (b) To grant additional franchises within the City to other persons for the conduct of cable television in accordance with federal and state law. (c) To exercise any other rights, powers or duties required or authorized to the City under the State Constitution or the Charter. Ordinance No. 40-06-21 28 Section 10 Application criteria, qualifications, procedure and costs. (a) The City shall award an initial franchise to an applicant only after a public hearing on the application and information filed therewith, and the award shall be based on the satisfaction of the criteria contained herein. No franchise shall be awarded except upon a showing by the applicant of satisfaction of these criteria among others. (b) In accordance with FCC rules, evidence must be presented assuring the City that the applicant is a United States citizen or corporation. (c) The applicant shall present character qualifications, as follows: (1) Applicants shall present evidence as to whether or not the applicant or any officer, director or principal has ever been convicted in a criminal proceeding where felonies or misdemeanors were charged. (2) Evidence shall be presented as to whether the applicant or any officer, director or principal has ever been a party to a civil proceeding in which it was held there were unfair or anticompetitive business practices; antitrust violations; violations of securities laws; or false or misleading advertising. (3) Evidence shall be presented as to whether applicant has ever had a business license (including FCC licenses) revoked. (d) The applicant shall file twelve (12) copies of the application for the cable television franchise for the City with the City Manager during the time period designated. by the City, which notice shall be published affording notice to all prospective applicants. The applications shall be reviewed by the City and the applicants afforded proper time during a public proceeding before the City to explain their application. The City may utilize consultants knowledgeable in the field of cable television for analysis of the applicants' proposals. The City Commission shall endorse an applicant and authorize the City's entrance into a contract for the cable television franchise if the applicant satisfies the criteria established herein and the City deter nines that grant of application will serve the public convenience, safety and general welfare. Ordinance No. 40-06-21 29 (e) The applicant shall submit details of the applicant's financial background, Subscriber rates, proposed system technical configuration and operational system description, construction timetable proposed to complete service to the initial service area, proposed administrative practices, and delineate the applicant's employment practices and policies. Existing Franchisees operating in the City are not required to provide the application or follow the application procedures described herein. The applicant shall present additional evidence to assist the City in evaluating the effect of an additional cable television operator. Such evidence shall include, but is not limited to: (1) The extent of installation of facilities and equipment of existing cable operator(s) detailing the per -strand -mile density of areas served, unserved areas and the per -strand -mile density of such, and the location of the facilities of the existing operator(s). (2) The per -strand -mile densities of the areas the applicant proposes to serve and the extent to which the applicant intends to utilize bulk rate contracts. (3) The extent to which the applicant intends to overbuild existing cable operator(s). (4) The detailed economic and financial information and assumptions of the applicant. (5) The technical or physical limitations of rights-of-way, the frequency and extent of disruption of rights-of-way, and the potential conflicts with other rights-of-way users (including vehicular traffic). (6) The effects of competition in the cable industry, including the cost of duplication of facilities and equipment, services, personnel, etc., and the extent to which overbuilds have historically survived, and the potential for loss of or degradation of cable service to existing or potential Subscribers. (7) The extent to which existing cable operator(s) are meeting the community needs and interests and the manner and extent to which the applicant proposes to meet community needs and interests. Ordinance No. 40-06-21 30 (8) The ability of the City to regulate multiple franchises, including the permitting processes of the City, the ability to readily locate and determine the owner of facilities and equipment, and the extent of conflicts of utility and cable installations. (9) Any other evidence pertinent to the City's evaluation of the application. (f) If applicant proposes to serve an area then served or planned to be served by another Franchisee, the application shall be submitted with proof of service of a copy of its application upon the incumbent Franchisees. (g) In evaluating an application, the City shall consider the applicant's legal, financial, technical, and other qualifications, the adequacy of its proposed system, and shall balance pro -competitive impact of additional franchisees, with the continued ability of residents to obtain high quality cable services at the lowest economic price and the possible increased diversity of information with the: (1) Ability of the City to regulate multiple cable operators and services, operators, (2) Disruption of public and private property by multiple cable (3) Economic viability of cable operators so as to make available high- quality cable services to the greatest number of City residents at the lowest economically feasible price taking into consideration all existing competition, including OVS, SMATV and direct broadcast satellite providers. (i) Consideration will be given an installation plan that provides flexibility needed to adjust to new developments, establishes quality maintenance practices and provides marketable services that would be available to Subscribers and the community immediately and in the future. (h) Consideration will be given to applicants with the most reasonable installation and Subscriber rate schedule that is, at the same time, justified in the financial pro forma statements by use of realistic levels of penetration. Ordinance No. 40-06-21 31 (i) Consideration will be given to applicants presenting evidence of financial resources that assure initial service area within five (5) years of receiving required FCC franchise approvals. (j) Consideration will be given to applicants that can give evidence of providing efficient, satisfactory and dependable services to other communities and a management background that gives evidence of excellent construction practices, ability to meet deadlines and good planning and marketing practices. (k) Applicants proposing services and technical standards exceeding the minimum required in this chapter will be given added weight in the evaluation if these services and standards are guaranteed and are within the financial capability of the system as shown by a pro forma statement, and are also within the guidelines of acceptability as defined by FCC's description of extra service packages. (1) Each application shall be accompanied by a filing fee in the amount of five thousand dollars ($5,000). This fee shall be used to pay the cost of processing the application, including consultation fees, and the time and materials of City departments required for the processing. Any part of the filing fee that is not required to meet the cost of processing shall be returned pro rata to the applicant following the selection process. Each applicant shall be required, as a condition to the award of a franchise, to post with the City a construction bond, acceptable to the City Attorney, or, in lieu thereof, cash in the full amount of the cost of construction, and such additional corporate guarantees as the City may require as surety for the faithful performance and discharge by it of all of its construction obligations. The bond shall remain in force and in effect until construction is completed and approved by the City. Section 11 Franchise required for operation. No Cable Television System may operate within the City without grant of a franchise pursuant to this chapter and in accordance with applicable law. Ordinance No. 40-06-21 32 Section 12 Provision of supplemental services within the City. A Franchisee will provide, free of charge to the City, the following supplemental services on an annual basis. (a) "Expanded Basic" service to each public and private school, but no "home" school, located in the Franchise Area located within one hundred twenty-five (125) feet of Franchisee's distribution cable. (b) "Expanded Basic" service to each municipal building and community center located in the Franchise Area located within one hundred twenty-five (125) feet of Franchisee's distribution cable. Section 13 Parental control devices. It is the declared public policy of the City that each person's home is a place of refuge and privacy subject to the unique control of the homeowner and the occupants and that these values are especially important as they pertain to the parenting of children and the supervision of children. (a) Each Franchisee shall provide for sale or lease a parental control device, defined below, to each and every Subscriber requesting such device for use as part of their cable subscription and shall provide assistance on the use of all parental control devices supplied by the Franchisee. A parental control device shall mean a converter or other equipment or software or combination thereof, which enables the adult user to electronically block either channels or programs or other services from being shown on such receivers. (b) A Franchisee shall, verbally and upon request in writing, inform potential Subscribers and renewing Subscribers regarding the available option to obtain a parental control device, the rates and terms for such devices and reasonable and clear information with regard to use of such devices. If applicable, the Franchisee shall install a parental control device within fifteen (15) days after receiving an order for such device from a Subscriber. The parental control devices to be made available by the Franchisee shall be reliable equipment, which is available at a reasonable and affordable price to the vast majority of Subscribers to the Cable Television System in the City of Atlantic Beach. Ordinance No. 40-06-21 33 (c) Upon written request by customer, Franchisee shall provide parental control devices and the installation thereof at a nominal cost. (d) As parental control devices are improved and new technology becomes available, the Franchisee shall upgrade the parental control device it makes available to its Subscribers so that such devices shall continue to be affordable and easy to own, rent, use and operate by a parent for the protection of the family and especially children of the family and children which are guests in the home. (e) It is the intent of the City Commission that each Subscriber shall have the option to control by mechanical or electronic means known only to the designee of the Subscriber, the channels and programs received by the television receivers of such Subscribers. Franchisee shall take reasonable steps to make parental control devices available to Subscribers on an affordable and user friendly basis. Section 14 Education and Government Channels. In accordance with Section 611 of the Cable Act (47 U.S.C. Section 531) the Franchisee agrees to provide to Atlantic Beach, Jacksonville Beach and Neptune Beach throughout the term of this Franchise Agreement, for their non-exclusive use, one (1) Access Channel to be shared among them, to be used for non-commercial, local governmental access programming. Atlantic Beach, Jacksonville Beach, and Neptune Beach, individually or collectively, shall give Franchisee ninety (90) days written notice of the intent to initially start the use of the channel. Franchisee shall cover fifty percent (50%) of the cost for the equipment and connectivity and all other associated costs, and the requesting City or Cities will cover the balance. Franchisee and Franchise Authority expressly agree that such capacity is not required to be placed on the most basic tier and may be placed on other tiers, including digital tiers not subscribed to by every customer, subject to Franchisee's discretion. If such capacity is placed on the most basic tier, than Franchisee may broadcast such programming in a digital format so that Subscribers must have the necessary digital box or terminal to view the channel. Because blank or under utilized Government channels are not in the public interest, in the event that Atlantic Ordinance No. 40-06-21 34 Beach, Jacksonville Beach and Neptune Beach elect not to fully program its channel capacity, meaning eight (8) hours -a -day, non -repetitive, locally produced programming Monday through Saturday for a minimum of six (6) consecutive weeks, Franchisee may program unused time so long as Atlantic Beach, Jacksonville Beach and Neptune Beach's programming is not preempted. Section 15 Liquidated Damages. (a) Calculation of Damages. Subject to the annual cap pursuant to Subsection (d) of this Section, liquidated damages shall be calculated in the following manner: (1) Excessive Customer Complaints to the City. If in any single month the number of Service Complaints and Billing Complaints from different individuals received by the City exceeds eleven (11) under Nonnal Operating Conditions, the City Manager may notify Franchisee in writing and request a meeting with Franchisee's system manager within five (5) business days to determine the cause of the high call volume and to establish a plan to cure or commence to cure within thirty (30) days the cause of the high call volume. If following such a meeting the call volume nevertheless exceeds eleven (11) the following month, the City Manager may assess liquidated damages of One Thousand Dollars ($1000). If following such a meeting the call volume continues to exceed eleven (11) calls for any one month, the liquidated damages amount shall reset to One Thousand Dollars ($1,000) for the next violation. Complaints to the City that Franchisee demonstrates are unsubstantiated by any third party, organization, group or the City shall not count toward assessment of the damages set forth herein. No liquidated damages may be assessed if the City has not notified the Franchisee and held the above-mentioned meeting. If it appears that call volume to the City continues to exceed eleven (11) calls per month in consecutive months despite Franchisee's best efforts to remedy any problem, or in the absence of an identifiable cause, Franchisee may request the City for a new call volume threshold in the City's reasonable discretion. The assessment of liquidated damages for excessive customer Ordinance No. 40-06-21 35 complaints shall not preclude Franchisee's obligation to issue customer credits pursuant to this Ordinance or the Franchise Agreement. (2) Failure to comply with customer service requirements. For a failure to comply with the requirements of Section 7 customer service requirements, the City Manager may assess Franchisee liquidated damages in the amount of Five Hundred Dollars ($500) per violation for each day the violation remains uncured unless liquidated damages in another amount is specifically set forth herein. (i) Prior to assessing any liquidated damages, the City Manager shall mail to the Franchisee a written notice by certified or registered mail of the alleged violation and the proposed liquidated damage, specifying the violation at issue and any liquidated damages will commence as of the date of such notice. Notwithstanding, unless a customer service violation cannot be cured, such as a violation of Subscriber privacy, the Franchisee shall have thirty (30) days from the date of receipt of the written notice to cure or commence to cure, as is appropriate depending on the nature of the violation, the alleged violation or file a written response to the notice of violation by the City Manager refuting the alleged violation or explaining why additional time for cure is necessary. In the case of violations of requirements measured on a quarterly or longer period, Franchisee shall have thirty (30) days from the date of receipt of the written notice to commence to cure the alleged violation and Franchiseeshall cure the violation in no less than one such period. (ii) Prior to assessing liquidated damages, the City Manager shall consider any justification or mitigating factor advanced in the written response of the Franchisee, including but not limited to rebates or credits to the Subscriber. The City Manager may, after consideration of the response of the Franchisee, waive or reduce any proposed liquidated damage in the event the violation has not been cured. The City Manager may not assess any liquidated damage if the Franchisee has reasonably responded to the complaint or cured or commenced to cure, as may be appropriate, the violation within a reasonable time frame not to exceed thirty (30) days or for violations of Ordinance No. 40-06-21 36 requirements measured on a quarterly or longer period, commenced to cure within thirty (30) days and cured within one such period, following receipt of written notice from the City, unless some other cure period is approved by the City Manager. (3) Fraud. A practice of intentional misrepresentation, fraud or deceit by a Franchisee in connection with the customer service standards set forth in Section 7 shall be grounds for franchisee revocation and a fine in an amount not to exceed Ten Thousand Dollars ($10,000). (4) Construction Delay. Upon expiration of the construction schedule attached to a Franchise Agreement without construction having been completed, the City shall give a Franchisee written notice of non-compliance. Failure to cure the non- compliance within thirty (30) days from receipt of the written notice shall result in the assessment of liquidated damages in the amount of Two Thousand Dollars ($2,000) per day, starting the 31st day after receipt of notice of noncompliance. However, Franchisee may apply for, and the City will not unreasonably deny, an extension of time to complete construction where the failure to meet the established deadlines is caused by federal, state or municipal action (including delays in permitting or make-ready steps), act of God, riot or other civil disturbance, or by any other cause, contingency or circumstance beyond its control which prevents or hinders the construction of the Cable Television System; provided, however, that difficulties or delays caused by subcontractors do not warrant a waiver of the damages hereunder. (5) Construction and installation violations. For failure to complete construction and installation of the cable system and to commence operations in accordance with the terms of the Franchise Agreement, unless the City Commission, upon the recommendation of the Manager, approves a construction delay because of reasons beyond the control of the Franchisee, Franchisee shall pay liquidated damages in the amount of Two Thousand Dollars ($2,000) per day for each day construction or commencement of operations is late. The City shall give a Franchisee written notice by certified mail of an alleged violation. A Franchisee shall have thirty (30) days to cure or Ordinance No. 40-06-21 37 commence to cure as may be appropriate the alleged violation or to seek a reasonable extension of time in which to complete construction or commence operations, which extension shall not be unreasonably denied. No liquidated damages shall be assessed if the alleged violation is cured or commencement to cure has begun, as may be appropriate within the allotted time. Further, nothing in this paragraph limits the otherwise applicable remedies available to the City for this or any other breach of the Franchise Agreement, including but not limited to revocation and liquidated damages set forth in this Ordinance. (6) Breach not otherwise provided for. Unless otherwise provided in this Ordinance or a Franchise Agreement, substantial breaches of material provisions of a Franchise Agreement or this Chapter, other than the customer service Section or any other Section already providing for fines or liquidated damages, shall subject a Franchisee to liability for liquidated damages not to exceed Five Hundred Dollars ($500) for each violation, calculated on a calendar day basis with each day of a continuing violation constituting a separate violation. In the case of violations based on failure to meet monthly or quarterly requirements, the violation shall be calculated as a continuing violation for each month or quarter of such continuing violation. The City shall provide written notice of any alleged violation describing in detail the basis of the violation. A Franchisee shall have an opportunity to cure the. alleged violation within thirty (30) days, contest the existence of a violation, or to request such additional time as is reasonably necessary to implement a cure, which request shall not be unreasonably denied. For purposes of this Section, a "material provision" is one that sets forth requirements the violation of which may substantially prevent or impair the delivery of cable services to more than one percent (1 %) of the Subscribers in the Franchise Area served or to be served by a Franchisee in a manner or at a quality consistent with the terms of this Ordinance as it existed on the effective date of the Franchise Agreement, and the Franchise Agreement issued pursuant thereto. Ordinance No. 40-06-21 38 (b) Payment and enforcement. Upon expiration of the cure period without a cure or commencement of a cure, as may be appropriate, with consideration of the response of the Franchisee, if any, the Manager may issue an assessment of the liquidated damages in writing delivered by certified mail. The liquidated damage shall be paid within thirty (30) days of written notice of assessment to the Franchisee. This fine shall constitute liquidated damages to the City for the violation and the City may enforce payment of the liquidated damage in any court having jurisdiction, including enforcement against the letter of credit provided by a Franchisee. It is the intent of the City to determine liquidated damages as a reasonable estimate of the damages suffered by the City, whether actual or potential, that are difficult to measure. (c) Appeals. Franchisee may appeal any decision of the Manager directly to the City Commission within thirty (30) days of notice of the assessment to the Franchisee. Within thirty (30) days of exhaustion of all administrative remedies, which includes the appeal to the City Council, Franchisee may appeal to a court of competent jurisdiction. Franchisee's obligation to pay the liquidated damages assessed shall not be stayed pending resolution of the appeal. (d) Annual cap on liquidated damages. (1) Amount of Cap. The Manager is responsible for assessing and collecting liquidated damages in an amount no greater than Fifteen Thousand Dollars ($15,000) annually. In no event shall the total annual liquidated damages imposed by the City exceed Fifteen Thousand Dollars ($15,000). (2) Availability of alternative remedies. To the extent that the City elects to assess liquidated damages as provided in this Ordinance and such liquidated damages have been paid, such damages shall be the City's sole and exclusive remedy. Notwithstanding the foregoing, nothing in this Section is intended to preclude the City from exercising any other right or remedy with respect to recover damages pursuant to any provision of this Ordinance for a breach that exceeds the maximum amount allowable pursuant to this Section. Ordinance No. 40-06-21 39 Section 16 Alternative to Revocation of the Franchise Agreement. In the event of violations of provisions of this Ordinance by the Franchisee that, pursuant to this Ordinance or the Franchise Agreement, would give the City the option to revoke the Franchise Agreement, the City Commission reserves the right as an alternative to revocation of the Franchise Agreement to ask Franchisee to propose rebates to be paid to Subscribers reflecting the seriousness of the violation. Section 17 Citation. This Ordinance No. 40-06-21 shall be known and may be cited as the "Atlantic Beach Cable Television Ordinance " Section 18 Amendments. The City Manager be, and hereby is, authorized to execute a non-exclusive renewal franchise agreement between the City of Atlantic Beach and Comcast of Greater Florida/Georgia, Inc., which shall be subject to the Atlantic Beach Cable Television Ordinance Section 19 Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. ATTEST: DONNA BUSSEY DONALD M. WOLFSON City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Ordinance No. 40-06-21 40 EXHIBIT "A" FRANCHISEE TRANSMISSION AND DISTRIBUTION FACILITIES AGENDA ITEM #8A MAY 3, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Discussion of 35 -foot height limitation language to be considered within the ordinance authorizing a voter referendum amendment to the City Charter. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: April 26, 2006 BACKGROUND: The Community Development Board considered this matter at their April 18th meeting and unanimously recommended that the City Commission proceed with the Charter amendment process in order to further strengthen the City's 35 -foot height limit. The CD Board also recommended a special provision addressing the existing Sea Turtle Inn structure. The CD Director and City Attorney have prepared the following language to be incorporated into the ordinance directing the height limit Charter amendment along with other provisions as needed to authorize a Charter amendment. As proposed, the new Charter provision would be a replacement of Section 59 of the existing Charter. Current provisions within the Land Development Regulations would also remain in effect. ARTICLE XIV. ZONING AND LAND DEVELOPMENT REGULATIONS Sec. 59. Zoning, Land Development Regulations and Maximum Building Height. Zoning and Land Development Regulations shall be in accordance with Florida Statutes or as otherwise provided for within the Code of Ordinances, except that in no case shall the maximum Height of Buildings within the City of Atlantic Beach exceed thirty-five (35) feet and as further limited and specifically set forth within the Land Development Regulations. Providing, however, that existing buildings which exceed 35 -feet in height may be repaired to that existing height; no alterations may be made to any Building, which would cause that structure to exceed 35 -feet in height; and this Charter provision shall not restrict any property owner's vested rights under constitutional, statutory or common law. The only exception to this height limitation shall be for the existing Sea Turtle Inn hotel located at 1 Ocean Boulevard, Atlantic Beach, Florida. The existing hotel structure exceeds thirty- five (35) feet, and it may be redeveloped or rebuilt to its existing height as of the effective date of this Ordinance. Future development, redevelopment or expansion on the Sea Turtle property, other than the existing hotel structure, shall be subject to the thirty-five (35) foot height limitation as set forth herein, as well as all other applicable Land Development Regulations. Amendments to this Section of the City Charter shall be made only in accordance with Article X of the Charter, Initiative and Referendum. BUDGET: No budget issues at this time. RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of Ordinance as required to proceed with proposed Charter referendum amendment. ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board meeting and draft ordinance. REVIEWED BY CITY M May 08, 2006 regular meeting AGENDA ITEM #3A MAY 8, 2006 DRAFT Minutes of April 18, 2006, Community Development Board Meeting 5c. Discussion of 35 -foot height limitation language to be considered as a vote referenda amendment to the City Charter. Sonya Doerr, Community Development Director, updated the Board on the status of the 35 -foot height limit referendum amendment and reviewed the proposed possible language for the ordinance that would need to adopted to start the process to amend the City Charter by voter action. Ms. Woods expressed concerns with the 35 -foot height limit in the commercial district. Ms. Doerr responded that currently only non -habitable space, and certain architectural design elements are allowed above 35 -feet in the commercial districts, and then only if approved by the Commission. The Board discussed how the Charter amendment might affect the Sea Turtle Inn, and discussed the uniqueness of this one property and what special provisions that might be needed to address the Sea Turtle property. Ms. Doerr pointed out that the proposed language would identify the existing Sea Turtle property by legal description and provide an exception to allow the existing hotel property to redevelop at its existing height. The Board discussed potential effects of the referendum on Mayport Road's commercial district. Ms. Woods expressed concerns with allowing the Sea Turtle Inn to expand on the remainder of their property to some height above 35 -feet, that is not now developed above the 35 -foot height limit, if the Charter was amended. A motion was made by Ms. Woods and seconded by Mr. Lambertson to support the proposed language as written for an ordinance calling for a referendum to amend Section 59 the Charter and for language to protect the right for the Sea Turtle Inn to rebuild the existing hotel structure at its current height, but to limit the height of any new buildings or structures or future expansion to the 35 -foot height limit and to meet all other codes that might be in effect at the time of any future expansion. The motion passed by a 5:1 vote with Chairman Jacobson dissenting. 3 AGENDA ITEM #SA MAY 8, 2006 ORDINANCE NO. -00- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDING STRUCTURES IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR ONE EXCEPTION, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1, Calling for referendum Election Amending Charter. A referendum shall be added to the election ballot on , 2006, to amend Sec. 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows: "Sec. 59. Zoning, Land Development Regulations and Maximum Building Height, Zoning and T.and Development Reg dations shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances, except that in no case shall the maximum height of building structures within the City of Atlantic Beach exceed thirty-five (15) feet Providing, however, that existing building strictures which exceed 35 feet in height may he repaired to that existing height; no alterations may he made to any building structure which would cause that structure to exceed 15 feet in height: and this Charter provision shall not restrict any property owner's vested rights cinder fonstitutional, statutory or common law. The only exception to this height limitation shall he for the existing Sea, Turtle Inn hotel located at 1 Ocean Boulevard, Atlantic Beach, Florida. The existing hotel structure exceeds thirty-five (35) feet and it may he redeveloped or rebuilt to _i • redevelopment or expansion on the Sea Turtle property, other than the existing hotel structure shall he subject to the thirty-five (15) foot height limitation as set forth herein, as well as all other applicable T,and Development Regulations Amendments to this Section of the City Charter shall he made only in accordance with Article X (Tithe Charter, Tnitiative and Referendum." SECTION 2, Form of Ballot and Election Question. follows: The form of ballot and election question to be used in said election shall be as DRAFT AGENDA ITEM #8A MAY 3, 2006 CHARTER ELECTION BALLOT , 2006 CITY OF ATLANTIC BEACH BALLOT TITLF,: Amending Sec. 59 of the Atlantic Beach Charter to "Zoning, Land Development Regulations and Maximum Building Height." BALLOT SIIMMARY: Amending Sec. 59 of the Atlantic Beach Charter limiting height of all building structures to 35 feet, allowing building structures presently exceeding 35 feet to be repaired to existing height, prohibiting alterations that would cause building structure height to exceed 35 feet, allowing one exception for the existing Sea Turtle Inn hotel, not restricting any property owner's vested rights under constitutional, statutory or common law, and providing an effective date. Shall the above Charter amendment be adopted? Yes(approve amendment) No(rej ect amendment) SECTION 3s Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. ATTEST: DONNA BUSSEY DONALD M. WOLFSON City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #8B MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for a Waiver for 824 Sherry Drive from City Code Section 19-7 Prohibition on Parking Aprons Along Through Streets SUBMITTED BY: Rick Carper, P.E., Public Works Director,/,,�,i DATE: April 25, 2006 BACKGROUND: In July 2005, the City Commission approved Ordinance 65-05-34 amending Chapter 19 of the City Code to add restrictions on improvements within the City Right of Way. Section 19-7 (d) states: No parking aprons shall be allowed in the City's rights-of-way along arterial (through) streets listed in City Code Section 21-17 (h): 21-17 (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 While Section 21-17 (h) restricts parking on the paved street only, the intent of 19-7 (d) was to also limit further expansion of parking within the City Right of Way on more heavily trafficked City streets. As part of a major renovation and expansion of the home at 924 Sherry Drive, the owner removed a concrete circular drive and installed a paver driveway and walkway to the house. Also installed were a 61 /2 -foot x 10 -foot paver area connecting the driveway and sidewalk and a 61 /2 -foot x 15 -foot paver parking apron north of the sidewalk. The driveway modifications were not included in the plans submitted and approved for the remodeling building permit. Following contact by Public Works about the parking apron, the owner has submitted a waiver request RECOMMENDATION: Staff recommends the waiver for the parking apron be denied. The segment connecting the driveway and sidewalk should be permitted to remain. ATTACHMENTS: 1) Overhead picture of predevelopment condition. 2) 824 Sherry Drive Survey Excerpt showing original driveway 3) 824 Sherry Drive Survey Excerpt showing proposed driveway 4) Post development picture BUDGET: No budget issues. REVIEWED BY CITY MANAGER: May 10 Regular Commission Meeting m 7D to 73 s3.4 aP\.d".� .a•Aai 0^04+�0� NI. NZ VP TICS iumr wsS ulv^E Frd ,!AWES a Col k WAS. E FAST BAW( *05IGAGE: aAAASTS. wwf wStAA00 AGENDA ITEM #3B MAY 8, 2006 1 MAP SHOWING SURVEY. OF ,CTS ir. se 61. 5,4,P NC. a As licoAccs, t.4 AA, •, tNE P.L.PC IsscoArs c,,AA AGENDA ITEM #SB MAY 8, 2006 1 AGENDA ITEM: AGENDA ITEM #8C MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Request from the 15th Street Beach Access Committee for matching funds of $4,000 for improvements at 15th Street Beach Access SUBMITTED BY: Timmy Johnson, Parks & Recreation Directo ' DATE: April 28, 2006 BACKGROUND: Staff received a request from the 15th Street Beach Access Committee for improvements at the 15th Street Beach Access. The Committee is requesting matching funds of $4,000 for the project. A plan is attached and includes irrigation, Torulosa Junipers, Muhly Grass, Dwarf Yaupon Holly, and Dwarf Shore Juniper. This project falls in line with the Public Beach Access Beautification Program; the area is very visible, the area is in need of improvements, and water use will be minimal. The Committee is also requesting an additional $4,000 to purchase and install 3200 sf of two-tone pavers as part of the same project. BUDGET: Funds for this project will come from the Beautification Program Account. RECOMMENDATION: Approve request from the 15th Street Beach Access Committee for matching funds of $4,000 for improvements at 15th Street Beach Access ATTACHMENTS: 1. Letter from the 15th Street Beach Access Committee 2. Landscape Plan 3. Public Beach Access Beautification Program REVIEWED BY CITY MANAGER: AGENDA ITEM #8C MAY 3, 2006 15th Sareet > eautificafion TO: City of Atlantic Beach Public Beach Access Beautification Program RE; l5`' Street, Atlantic Beach. It has been determined that we wish to participate in the Atlantic Beach Public Access Beautification Program with regard to landscape and possible hardscape at the 15th Street access. We have determined that with the construction of two new oceanfront homes to the north of the access, this would seem to be the most opportune time to do the beautification work. We have solicited the architectural work for the access from Gary R. Cranley as well as his proposal for landscaping, irrigation and hardscape work. With a deep well located on my property at 1515 Beach Avenue, we have deemed it appropriate to irrigate from that source. With this in mind, we are asking the City to contribute $37504 towards the landscaping and irrigation work proposed. As for the hardscape, I feel with the recent opening of the access for public parking, it would prove beneficial to also improve the hardscape in which these cars now park. With an estimated cost of $21,575, I would also like to ask the City to contribute 40- 4 e"vi towards this part of the overall beautification project. This access is unique in its new relationship of cars parking and the fact that this was decided without any overall improvement to the existing parking area. In compliance with procedures published by Atlantic Beach Public Beautification Program dated October 2002, we have formed an ad hoc committee of 15th Street homeowners for this project. Chair: �e� 'SAA ' l S 15 (t S t1 C-ScAcA! +4-' E Vice Chair: o \So e. Secretary: Z-`-1 34 -- Treasurer: ( We wish to begin this project as soon as possible. Thank you, 1515 Beach Avenue X SNN V'Id ddVDSLaa?3LS Iovad DLL LY an, -)m\--/- H3 VHEI gT apN3IISaa DI -57S X 0 8 P 5 6 8 6 ER0501+ CONIROI. LINE STREETSCAPE PLANS 5 X 9 n rum Za€ -AO" puns 2') now me WOOD SUN DECK L ^X { 1 1 1 z 0 w J Q 11 w ��:IIIIIII�±aIIII Z '✓..1IIICitavvr X R/W LINE CCCL X XXo o(r) re �w a CG Z ix 41:! =Q CZ LL-LLI a `+ 0 07 BEACH AVENUE 40' RIGHT OF WAY (PAVED) EDGE OF PAYMENT - Ili .1 AVM AO IHOIN ,Oti NI 3dV3S133aLS 03S0d021d AGENDA ITEM #8C MAY 8, 2006 PUBLIC BEACH ACCESS BEAUTIFICATION PROGRAM Revised 8/25/03 Purpose: To encourage, through a "share -cost" matching program, landscaping enhancements to the beach accesses and medians in City streets. Improvements are intended to be cost- conscious and aesthetically pleasing, with a strong emphasis on low maintenance, low water consumption and a minimum of plant replacement. Procedure: Promotion of the program will be by various media (Tide View, Beaches Leader, flyers, etc.). Interested groups and/or neighborhoods will be given written information and guidelines. City staff will be available to meet with groups for detail planning and recommendations. Neighborhood residents will be responsible for the collection of funds, acquisition and installation of landscaping material/irrigation system, and maintaining the beach access and/or medians. The finished plan must receive final approval by the City Commission prior to installation. The criteria for deciding which projects will be approved will be as follows: 1. Visibility: The City's primary interest is to improve areas that are most visible to the largest numbers of people. Streets with the highest traffic count and beach accesses that get the most use will be considered highest priorities. 2. Need: Those areas that are run down or are not consistent with surrounding areas will be considered priorities. 3. Water conservation: The use of potable City water for irrigation should be avoided or minimized where ever possible. Xeroscaping or using well water for irrigation is encouraged. 4. Group commitment: Only those groups with strong evidence of a continued commitment to continue the maintenance after installation will be considered for funding. Support of a homeowner's association or written commitment from a minimum of five homeowners are examples. Cost: Expenses will vary dependent on size and configuration of the area to be landscaped. The extent of landscaping, and type and number of plants to be installed will govern the planting cost. The program consists of eight steps from beginning to final completion. Each step has specific procedures that must be followed to stay within the guidelines. 1. Interested citizens notify the City of their desire to form a Committee for the purpose of beautifying/maintaining a beach access or median in Atlantic Beach. 2. The group forms a Project Committee by electing a minimum of four officers: Chairperson, Vice Chairperson, Treasurer and Secretary. There should be no more than one officer per household. Meetings are held with the purpose of completing the detailed landscaping plans and providing a cost estimate for the new project. AGENDA ITEM #8C MAY 8, 2006 3. Staff will be responsible for approving a preliminary plan, which will be presented to the City Commission for approval. The Commission will hold a public hearing before approving any project under this program. A sign will be placed at the site notifying citizens of the hearing at least two weeks prior to the date. All aspects of the project must be considered when drawing preliminary plans; irrigation, water tap to City meter, if needed, trees, plants, shrubs, grass, mulch, contract work, vendor estimates rental equipment costs and any other materials needed to complete the project. See the attached City requirements for the irrigation system specifications. 4. After the final plans are approved by the City Commission, the Project Committee will be responsible for the collection of matching funds. New project funds will be matched, dollar for dollar up to a maximum of $2,500 for a total of $5,000. This includes any phasing that must be imposed due to the size of the project. If the project is designed so that the water tap (if needed) and water is supplied by the Committee and not the City, the maximum match available from the City will be $4,000. The City will set up a revenue account to deposit the collected funds. If the City Commission approves the plans, the City will reimburse from the matching funds the costs incurred for the design of the plan. If the City Commission does not approve the plans, the City will not reimburse costs incurred for the design of the plan. The Project Committee must agree by a letter to the City Manager to maintain the new landscaping for a minimum of five (5) years after installation. 5. The City will be responsible for having all public utility locations marked. The Project Committee will be responsible for notifying the City seven days prior to any excavation work to allow enough time for the proper markings. 6. Vendor estimates are to be given to the City and a Purchase Order will be generated within 7 to 10 working days. The Purchase Order will be mailed to the requested vendor and City staff will contact the Committee Chairperson as to its disposition. No purchases can be ordered, delivered or picked up without an approved Purchase Order. The City will not be responsible for payment of any unapproved invoices or expenses. The following are the guidelines for obtaining additional quotes: Charges up to $500 From $501 to $2,500 From $2,501 to $5,000 No additional quotes required Selected vendor + one additional quote Selected vendor + two additional quotes 7. A receipt will be given for each delivery of Purchase Order materials and signed by the receiving agent for the Project Committee. Receipts must be turned in to the City within three working days after delivery so payment can be made to the vendor. 8. One year and every year after the completion of the project, the City will match up to $300.00 of new donations for a combined total of $600.00 per year for maintenance/ restoration of existing projects. AGENDA ITEM #8D MAY 8, 2006 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us MEMORANDUM TO: Jim Hanson, City Manager Mayor and City Commission FROM: Sonya B. Doerr, AICP L Community Development Director DATE: April 26, 2006 RE: History of regulations related to the division of Land and Subdivision platting or re -platting procedures • Questions were raised at the last Commission meeting related to what the COAB Zoning ordinances have said about lot re -subdivisions because of a letter from Mayor Howell to George Worley dated February 09, 2001. Understanding the history of our zoning regulations is needed to answer the questions raised. • Prior to 2003, the City was rarely aware of and did not approve most lot re -subdivisions as these were most always private transactions between property owners. There was no COAB, Duval County or State procedure or regulation requiring such notification. Hundreds of such property transfers and lot divisions have occurred since Old Atlantic Beach was first platted in 1913. Attached Map "A" shows Old Atlantic Beach as originally platted. Map "B" shows the pattern of lot ownership as it now exists based upon County tax records. Reconfigured lots are approximately highlighted in yellow. Note Attachment A: Section 24-188, which was in effect and unchanged for many years. • Prior to the 2001 Chapter 24 amendments, the Subdivision regulations were confusing and contradictory. When issuance of building permits were considered, a 5,000 square foot lot was deemed adequate as this was the required lot size in all residential Zoning Districts except for the RS -1 district. Regulations allowed property owners to re -subdivide lots as long as they were not less than others in the subdivision, with a 5,000 square foot minimum considered the standard lot size. Provisions within the design standards for subdivisions, which required all new lots to be 75 - feet in width and 7500 square feet in lot area unless part of a PUD, were apparently for many years construed not to apply if a new lot met the minimum Zoning District size, which again was 5000 square feet except in the RS -1 District. Note Attachment B: Section 24-188, as adopted November 26, 2001. • In the re -write of Chapter 24, which was finally adopted in 2001, some revisions to the Subdivision regulations were made, but conflict and confusion still existed as to the 5,000-7,500 minimum lot size, and language still allowed for the City not to approve re -subdivisions as long as they are not smallest in subdivision or below 5,000 square feet in size. Again however, many such divisions of lots were simple private transactions where a property owner would buy or sell a AGENDA ITEM #8D MAY 8, 2006 portion of their lot to an adjacent property owner. The deed would be recorded by the County and later incorporated into County Property Appraiser's records (and now County GIS tax maps) but the COAB would have no knowledge of such property transfers. Note Attachment C: Section 24-188, as adopted May, 2003. • Changes to the Subdivision regulations, which were adopted in May 2003, were intended to address issues related to "illegal" lot divisions. The amended regulations included a requirement that all lot subdivisions be approved by City in order for a Building Permit to be issued. Two -lot divisions, if in compliance with all Lot size standards, could be approved by staff, and three or more new lots required new plat (or a re -plat) with public hearing and a recommendation from the CD Board, and a second public hearing with final approval by the Commission. Conflicting language with respect to lot size was removed with all new lots required to be a minimum of 75 - feet in width and 7,500 square feet in lot area. • There have been a total of seven two -lot divisions with approvals given by the CD Director, the City Manager, or the City Attorney. (See the attached list. An eighth such lot division has been retracted.) These divisions would have been allowable under the pre -2003 rules requiring City approval in that none of the new lots were smaller than the smallest lot within the exisiting subdivision. • The recently created RS -L Zoning District requires 100 -foot minimum width and 10,000 square feet minimum lot size for new lots. Of the seven approved two -lot divisions, it looks as if only one of these would have been permitted had the new RS -L Zoning District been in place at the time. • In reviewing the 2001 correspondence between George Worley and Mr. Howell related to the creation of three new lots, I believe that both letters are correct in advising that a subdivision re - plat was the appropriate procedure, which should have been used to consider such lot division. The established re -plat process, which was long in effect at that time, would have required review by the Community Development Board and final action to approve or deny by the City Commission. With Attachments A, B, C (My notes and comments on the following attachments are indicated by blue, underlined and italicized text.) 2 Attachment A Following paragraph (c) is Section 24-188 of the Subdivision regulations, as it had existed for many years prior to the re -write of Chapter 24, which was finally adopted on November 26, 2001. Sec. 24-188. Resubdivision of land. (a) Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, the parcel resubdivision shall be approved by the City Commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the City Commission may require the allowance for future opening of streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and extension of the streets may be made a requirement of the plat. (c) Combination, or recombination of previously platted lots. No combination or recombination of portions of previously platted lots is permitted when new parcels or residual parcels smaller than any of the original lots are created, unless otherwise permitted under townhouse regulations, or, except on approval of the City Commission, when the recombination of lots will reduce density otherwise permitted and further provided that the square footage of any such recombined lot shall not be less than five thousand (5,000) square feet. Upon approval of the City Commission lots which fall under the definition of double frontage lots, except lots having frontage on the Atlantic Ocean, may be combined or recombined where residual parcels smaller than any of the original lots are created provided that after such division is accomplished, the residual lots can meet the required lot area, lot width, and all required front, rear, and side yard setbacks. The above provisions, as they had existed in the subdivision regulations for many years concerned me from the time I came to the COAB because clearly, the practice had long been to consider a 5000 square foot lot (except in the RS -1 Zoning District) as a standard lot, and Building Permits were routinely issued for such lots, although the subdivision regulations had always required new lots to be 75 -feet wide at the building line and 7500 square feet in lot area. This provision requiring 75 -foot wide, 7500 square foot lots and the individual residential Zoning District standards (except the RS -1) requiring only 5000 square foot lots surely aggravated the confusion. Attachment B Following is Section 24-188 as adopted 11-26-01. Sec. 24-188. Re -subdivision of Platted Lots and Lots of Record. (a) Procedure for re -subdivision. Any change in a map of an approved or recorded Subdivision Plat, Platted Lot or Lot of Record, which alters any access point, other than a private driveway, or Street layout as shown on the recorded Plat, or any area reserved thereon for public Use, shall be approved by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a re -plat shall be recorded. (b) Procedure for subdivisions where future re -subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (1) or more Lots containing more than one (1) acre of Land and there are indications that the Lots will eventually be re -subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the Plat. (c) Changes to previously recorded Subdivision Plats. No combination or reconfiguration of previously Platted Lots shall be permitted when additional parcels are created, except that such changes to previously recorded and Platted subdivisions and Platted Lots of Record shall require a re - plat to be approved by the City Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. (d) Re -platting shall not be required when the recombination of Lots reduces Density or the number of Lots within a Subdivision, provided that the square footage of any such combined Lot shall not be less than five thousand (5,000) square feet and that Development of the resultant Lot complies with all applicable provision of these Land Development Regulations. I am not aware of the genesis of the above language as it was apparently from some of the earlier drafts of Chapter 24 before I came to the City. My guess is that it was probably an effort to clarify what had been in below paragraph (c) for many years, which would certainly have been confusing since it addresses new and residual parcels, double frontage lots, ocean front lots and "townhouse" lots. It seems to read that it was okay to create new parcels so long as they were not smaller than other lots in the subdivision, or if the Commission approved smaller lots, provided that any new lot was not less than 5000 square feet in size. As the Property Appraiser's map of ownership parcels clearly shows, many many lots have been combined, reconfigured and subdivided over the years without regard to any zoning regulation such that the existing pattern of parcel ownership barely resembles the original 1913 plat of Atlantic Beach subdivision "A" which includes Old Atlantic Beach. Attachment C The 2003 revisions to the Subdivision Regulations (summarized below) were intended to make clear how and under what procedures lots and parcels could be legally divided and to make clear that Building Permits would not be issued on "illegal" lots. Summary of current regulations addressing division of land. In order to receive a Building Permit, per Section 24-201, any division of land must be approved in accordance with the proper procedure as established by the Subdivision regulations. Any new plat or a re -plat that would create more than two new parcels requires the following three stages of review. 1) Concept Plan Review provides for staff review by the Planning and Zoning, Building, Utility and Public Works Departments. 2) Preliminary Plat Review is heard by the Community Development Board, and the Community Development Board considers the proposed plat and makes a recommendation to the City Commission. 3) Final Subdivision Plat Review by the City Commission (at a public hearing.) After considering all comments, the City Commission shall approve, deny or approve subject to specified conditions, the Final Plat based upon compliance applicable policies, ordinances, laws and regulations. • Denial of Building Permits for development of "illegal" lots. Sec. 24-201. General requirements. (a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified Survey as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat or Replat has been approved in accordance with the provisions of this Article. • In the event that an unapproved Final Subdivision Plat, Replat, Certified Survey as required by Section 24-189, or any division of Land, is recorded, no Building Permit or other type of permit authorizing any Development shall be issued until such division is approved in accordance with the requirements of this Article. • Pending change to Section 24-189 related to elimination the the administrative approval of two—lot divisions that do not require a re -plat. The Community Development Board has recommended that such two -lot divisions be considered and approved by the CD Board, and that an appeal process to the City Commission be included in this section. Staff will provide this proposed ordinance revision at the next City Commission meeting. (Any other type of division creating more than two lots would continue to go through the 3 -stage review process described above.) GA -le 14,1300 N .011/416 01 14,1300 N 8 t,,8 cc w w IZ8 OZ8 6te • 918 created for Atlantic N N • N � 0 0 1) - 0 C/) '- Cd Ct N 0 cn 1--' • .0 O ct H QJ O • cd •� • b• 1 and Blocks 0 ci MAP A (1 of 2 pages) y9V39 1.1181181821106 0111111111101111 10111111.111111 cry poling 111 rig '3AV HOV38 10 ill ftl i. fA 30 HOV392 MAP A (2 of 2 pages) 110/00 c.. ,. r .rte r OV 39 "009 t4 V300 0 1SVOC 1SV3 ti n .00 Davd;' s N Iris sat ese1i 3OVti on Y • O 4. 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AGENDA ITEM #8D MAY 8, 2006 From the 1958 COAB Code of Ordinances (These subdivision regulations remained in effect until 1984.) Section 23-1 (4) specifically excepted a transfer of property to -or -from an adjacent lot from being defined as a subdivision, provided that the new lot was not less than the minimum required size. As such, the 75 -foot width / 7500 square foot size did not apply, since these property transfers were, by ordinance, excepted from being defined as a Subdivision, and the 75 -width / 7500 square feet size requirement was a design standard for Subdivisions. Only the RAA / RA -1 zoning districts, which later became the RS -1 district, required 7500 square foot lots, and lots created before January 12, 1959 were allowed to be built with one single-family residence regardless of lot size, but conformance with setbacks was required. § 23-1 Subdivision of Land § 23-1 CHAPTER 23. SUBDIVISION OF LAND. 1 § 23-1. Definitions. § 23-2. Purpose of chapter. § 23-3. Preliminary plats. § 23-4. Final plats. § 23-5. Standards of design. § 23-6. Minimum required street and drainage improvements. § 23-7. Acceptanceof streets and drainage. § 23-8. Required water and sewer facilities. § 23-9. Variations and exceptions. § 23-10. Compliance with chapter. § 23-11. Form of application for plat approval and, agreement as to streets. Sec. 23-1. Definitions. For the purposes of this chapter, the followingwords and phrases shall have the meanings respectively ascribed to them by this section: Plat. A map drawing or chart on which the subdivider.'s plan of the subdivision is presented and which he submits for approval and intends in final form to record. Subdivision. All divisions of a tract, parcel or lot into two or more lots. Such term also includes any other divisions of land involving the dedication of a new street or other public way or a change in existing streets, alleys, easements for water, sewer or other public improvements; provided, that the following four exceptions shall not be included: (1) The public acquisition of strips of land for the widening of existing streets. (2) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels smaller than any of the original lots are created. (3) The division of land into parcels greater than one and one-fourth acres where no new streets or easements of access are planned. (4) The transference of part of one lot or tract to an adjacent lot or tract; provided, that such transference shall not reduce any lot or tract to an area or width less than the minimum specified in this chapter. (Ord. No. 67-58-1, § 2. ) 1. For state law as to maps and plats, see Fla. Stats. , § 177. 01 et seq. As to requirement that taxes be paid on land prior to filing of subdivision plat, see Fla. Stats. , § 192.56. As to advisory planning board, see §§ 2-6 to 2-11 of this Code. As to zoning, see ch. 28. 177 AGENDA ITEM #8D MAY 8, 2006 Attached are several pages from the drafts of revisions to Chapter 24 that had been under preparation and review for years. Proposed new language is underlined and proposed deleted language is struck -through. The re -write of Chapter 24 was adopted November 26, 2001 and became effective January 01, 2002. Related to lot subdivisions... While Section 24-188 (c) required a re -plat (with Commission approval) for new or smaller lots than originally platted, the language of Section 24-188 (d) was apparently interpreted for many years to permit property owners to divide lots so long as they did not create smaller lots than originally platted or lots of less than 5000 square feet. However, in direct conflict with the above was Section 24-255 (a) (attached page 101) which had been in effect as long as the City has had zoning regulations, and established the requirement for all new Lots to be 75 -feet wide and 7,500 square feet in area. My assumption has been that this was over the years interpreted to apply only to lots in new subdivisions, although my interpretation has been that the "In no event shall a lot... " applies to any new lot that is created for the purpose of creating a building site. To further confuse what was permissible, each of the residential Zoning Districts (RS -2, RG -1, RG -1A, RG -2 and RG -3) with the exception of the RS -1 District, contained a minimum lot size of 5000 square feet for single-family dwellings. Revised Draft 03/29/01 Sec. 24-187. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts which support the waiver. The City Commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the Article is carried out; (2) The granting of the waiver will not be injurious to the other adjacent property; (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the applicant; (4) The waiver is consistent with the intent and purpose of Article III of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. Sec. 24-188. Remdivision of Platted LotsLand. and Lots of Record. (a) Procedure for re -subdivision. For anyAny change in a map of an approved or recorded subdivision Subdivision Plat. Platted Lot or Lot of Record, which alters , if the change affects any access point, other than a private driveway, or Street layout as shown on the recorded Platsuch a map, or any area reserved thereon for public Use, .. centro =- the resubdivision shall be approved by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a re -Plat shall be recorded. (b) Procedure for subdivisions where future re -subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (1) or more Lots containing more than one (1) acre of Land and there are indications that the Lots will eventually be re -subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the Plat. (c) Combination, or recombination of Changes to previously recorded Subdivision Plats. No combination-er recombination, or reconfiguration of portions of previously Platted Lots shall be is permitted when new additional parcels are created, or when residual parcels smaller than any of the original Lots are created. dSuch changes to previously recorded and Platted subdivisions and Platted Lots of Record shall require a re -plat to be approved by the City Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. (d) Re -platting shall not be required unrl�othefw se -permitted under--tewnhease-reg lege''�s, or, exeept �f the City Commission, when the recombination of Lots reduces Density or the number of Lots within 1.....>1a Subdivision, density othorwi;,• er-provided that the square footage of any such recombined Lot shall not be less than five thousand (5,000) square feet and that Development of the resultant Lot complies with all applicable provision of these Land Development Regulations. - Community Development Board Revised Strikethrough Draft 80 09-07-01 Revised Draft 08/29/01 comb -i -n 1-o-r-r-c-em-tbitied ix:EF-residual Nrecls 5ma}}er t +n h+x ��f tl�e oriinz�l bets are e-r€ated--provided-that after t+cls tf � iii rt is ace:044 ))}sued -the re-smeet-the-regrrired-bet area. bot -t th, and -all -required -front; r-ear,-and-side-ward-sethacks 'This is redundant. Sec. 24-139. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat affy ny LL:ot therein, by a written applicationinstrument, to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require approval of the City Commission. Any future Subdivision or Re -Plat shall be approved by the City Commission by the same procedure, rules and regulations as for a new Subdivision. Article IV. .. - .le sections of Secs. 24-190. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a Plat for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat has been approved by the City Commission in accordance with the provisions of this Article and signed by the Mayor of the City of Atlantic Beach. If an unapproved Plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the City Commission. No changes, erasures, modifications or revisions shall be made in any Plat, approved by the City Commission without the consent of the City Commission. No Development Permits shall be issued for any Land that has been subdivided, or any Lot that has been created, except in compliance with the requirements of this Article and the Comprehensive Plan. Sec. 24-202. Plat Review Procedure. There are three (3) stages of review required prior to Final Subdivision Plat approval: the concept plan review; the preliminary Plat review, and the Final Subdivision Plat approval. The Community Development Director shall verify at each stage of review that the proposed Plat complies with the Comprehensive Plan and Article III of this Chapter. No Subdivision application shall proceed to the next stage of review until it is found to be consistent with the adopted Comprehensive Plan and Article III of this Chapter. (a) Stage 1. Concept plat review. This stage allows the Applicant to discuss the concept with the Community Development Director and other City personnel before incurring the costs of professional services. This assistance should facilitate the preparation and review of the preliminary and Final Subdivision Plat. (b) Stage 2. Preliminary Plat review. This stage commences the formal review process and requires professional services for accurate presentation of technical data and preliminary engineering drawings in such a manner as to allow review and evaluation of the proposed development and its impact upon both the site and surrounding areas. (c) Stage 3. Final Plat approval. Following preliminary Plat approval, this is the final stage before recording a Plat. The Final Subdivision Plat may be approved by the City Commission after construction of required subdivision improvements or by providing the City Commission security that the required improvements shall be constructed. Construction Plans must be approved, and Development required pursuant to the Plat approval must be completed and accepted by the City Commission before the Final Subdivision Plat is recorded unless appropriate assurances are provided by the Applicant. Submittal requirements for each stage of review and approval are set forth in the following Section. Community Development Board Revised Strikethrough Draft 09-07-01 81 Revised Draft - Recommended for approval by Community Development Board 09-18-01 Sec. 24-188. Re -subdivision of Platted Lots and Lots of Record. (a) Procedure for re -subdivision. Any change in a map of an approved or recorded Subdivision Plat, Platted Lot or Lot of Record, which alters any access point, other than a private driveway, or Street Layout as shown on the recorded Plat, or any area reserved thereon for public Use, shall be approved by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a re -plat shall be recorded. (b) Procedure for subdivisions where future re -subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (1) or more Lots containing more than one (1) acre of Land and there are indications that the Lots will eventually be re -subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the Plat. (c) Changes to previously recorded Subdivision Plats. No combination or reconfiguration of previously Platted Lots shall be permitted when additional parcels are created, or when residual parcels smaller than any of the original Lots are created. Such changes to previously recorded and Platted subdivisions and Platted Lots of Record shall require a re -plat to be approved by the City Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. (d) Re -platting shall not be required when the recombination of Lots reduces Density or the number of Lots within a Subdivision, provided that the square footage of any such combined Lot shall not be less than five thousand (5,000) square feet and that Development of the resultant Lot complies with all applicable provision of these Land Development Regulations. Sec. 24-189. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by a written application to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require approval of the City Commission. Any future Subdivision or Re -Plat shall be approved by the City Commission by the same procedure, rules and regulations as for a new Subdivision. Secs. 24-190. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a Plat for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat has been approved by the City Commission in accordance with the provisions of this Article and signed by the Mayor of the City of Atlantic Beach. If an unapproved Plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the City Commission. No changes, erasures, modifications or revisions shall be made in any Plat, approved by the 86 November 26, 2001 Sec. 24-255. Lots. (a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall be appropriate for the location of the Development and for the type of development and Use proposed. Lot arrangement and design shall be such that all Lots will provide satisfactory and desirable Building sites. In no event shall a residential Lot created after the initial effective date of these Land Development Regulations have a width of less than seventy-five (75) feet at the Building Restriction Line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a Planned Unit Development. Dimensions. Lot dimensions shall conform to the requirements of Article 111 of this Chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off -Street service and parking facilities required by the type of Use and development proposed. (c) Residential Comer Lots. Corner Lots for residential Use shall have extra width, greater than a corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to both Streets. (b) (d) Street access. The Development shall provide each Lot with satisfactory and pelluianent access to a public Street. (e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be avoided. (f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the recorded Plat. Sec. 24-256. Required Improvements and Monuments. (a) Iron pipes. Iron pipes shall be placed at all block comers, angle points and points of curves in Streets, and at intermediate points as shall be required by the Administrative Official. Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set in each residential Subdivision, in no case less than two (2) such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, properly referenced, for both construction and future City Use. The Permanent Reference Monuments shall meet all the specifications set out in Florida Statutes, Chapter 177.091, and as may be required by the designated Administrative Official. (c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on the Final Subdivision Plat. All iron pipes and pins and Permanent reference Monuments shall be of such size, material and length as may be specified by the Administrative Official. (d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or Permanent Reference Monuments. (b) 101 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 26, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Commission Meeting of November 12, 2001 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meeting 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 report of Utility Sales (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-01-173 — Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TO REZONE LAND FROM THE PRESENT ZONING CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY, (RG -1) TO RESIDENTIAL, SINGLE-FAMILY (RS -2), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION, AND PROVIDING AN EFFECTIVE DATE (City Commission) B. Ordinance No. 90-01-172 — Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ("°°=1. ENTIRETY CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING AND SUBDIVISION REGULATIONS (City Commission) C. Ordinance No. 60-01-11— Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE FOR THE TREATMENT OF NON -CONFORMING SIGNS; PROVIDING FOR RECORD-ATION AND PROVIDING AN EFFECTIVE DATE (City Commission) ORDINANCE NUMBER: 90-01-172 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING BY REFERENCE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA. SUCH REGULATIONS SHALL BE ADOPTED BY REFERENCE AS CHAPTER 24 OF THE CODE OF ORDINANCES AS ADOPTED THROUGH ORDINANCE NUMBER 90-01-170 AND. CONTAINING FOUR ARTICLES: ARTICLE 1 — IN GENERAL AND PROVIDING FOR ADOPTION AND AUHTORITY, PURPOSE AND INTENT, JURISDICTION, AMENDMENTS, LEGAL STATUS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN; ARTICLE II — LANGUAGE AND DEFINITIONS; ARTICLE III — ZONING REGULATIONS, IN GENERAL AND PROVIDING FOR ADMINISTRATION, APPLICATION PROCEDURES, GENERAL. PROVISIONS AND EXCEPTIONS, ESTABLISHMENT OF DISTRICTS, PLANNED UNIT DEVELOPMENTS, SUPPLEMENTARY REGULATIONS, LANDSCAPING AND ARTICLE IV — SUBDIVISION REGULATIONS — IN GENERAL AND PROVIDING FOR APPLICATION PROCEDURES, REQUIRED IMPROVEMENTS, ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS, DESIGN AND CONSTRUCTION STANDARDS. THIS ORDINANCE ALSO PROVIDES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter the "Commission") hereby finds that the public health, safety and welfare of citizens are protected and enhanced by the enactment of these Zoning, Subdivision and Land Development Regulations. These regulations shall serve to inform the public of regulations and provisions, which generally and specifically regulate the use and development of land and waters within the City of Atlantic Beach. These Land Development Regulations shall also: (a) protect the natural environment and its resources; (b) protect and preserve the quality of life within the City of Atlantic Beach; (b) implement the Comprehensive Plan for the City of Atlantic Beach, and (d) preserve Constitutionally protected property rights, and WHEREAS, the Zoning Districts and regulations set forth herein provide for orderly growth; encourage the most appropriate use of Land; .protect and conserve the value of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice was published, public hearings were held on the 12th day of November, 2001 at 7:15 p.m. and on the 26th day .of November, 2001 at 7:15 p.m. to hear and enact said Zoning, Subdivision and Land Development Regulations. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The above recitals are hereby incorporated herein as Findings of Fact in support of this Ordinance and these Zoning, Subdivision and Land Development Regulations. SECTION 2. The attached Exhibit A, Zoning, Subdivision and Land Development Regulations (hereinafter "Land Development Regulations") are hereby incorporated as Chapter 24 of the City. of Atlantic Beach Code of Ordinances, and enacted by reference. SECTION 3. City of Atlantic Beach Zoning and Subdivision Regulations as adopted within Chapter 24 of the City of Atlantic Beach Code of Ordinances through Ordinance Number 90-01-170, as they may have been amended from time to time, are hereby repealed, provided that certain development, land use, or construction, if qualified, may have vested rights to continue or be completed under the terms of these repealed ordinances or provisions therein. SECTION 4. Any violation occurring before the effective date of these Land Development Regulations shall not be deemed voided by the enactment of this Ordinance. SECTION 5. All provisions of any City of Atlantic Beach ordinance, resolution, regulation or policy in express conflict with these Land Development Regulations are hereby repealed to the extent of such conflict. SECTION 6. Other regulations and ordinances which may regulate the use and development of Land, such as but not limited to utility, sign, vegetation, impact fee ordinances, and ordinances incorporating Florida Building Codes, and other such technical codes, remain in effect and are not replaced by these Land Development Regulations. SECTION 7. In the case that any section, subsection, paragraph, phrase or sentence of this Ordinance or these Land Development Regulations is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity and lawfulness of the remaining portions of this Ordinance or these Land Development Regulations. SECTION 8. This Ordinance and these Land Development Regulations shall take effect on January 01,2002. Ordinance 90-01-172 Page 2 of 3 SECTION 9. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of November, 2001. Passed on final reading and public hearing this A l i • ovember, 2001. IF I' /lf��.....�_ 3-1 '.. 1, E ERVE Ma. 1'residi Officer Approved as.to form and correctness: NSEN, ESQUIRE City Forney Attest: MA EN KING City Clerk Minutes Page -4- November 26, 2001 the core city area. He commended Community Development Board Chair, Don Wolfson, and the Board Members for their diligence and hard work on the revisions. Mayor Meserve provided background information on the amendments to the code. It was explained that the ninety day rule was adopted not because of noise or parking issues, but because the Community Development Board recommended the change based on the fact that the garage apartments were located within a total residential area, and the Board wished to limit short term rentals in single family neighborhoods. Mayor Meserve acknowledged that any zoning law was a restriction of personal rights, but it had been pointed out by past consultants, that if core city drainage project was to succeed, the city must limit future construction of duplexes. He indicated that the zoning ordinance provided a delicate balance between protecting property rights and the long-term needs of the city. There was no further discussion and the motion carried unanimously. B. Ordinance No. 90-01-172 Public Hearing & Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING AND SUBDIVISION REGULATIONS (Commission) Motion: Approve Ordinance No. 90-01-172 on final reading. Mayor Meserve presented the ordinance in full, in writing. He opened the public hearing and the following citizen(s) spoke concerning the proposed rezoning ordinance: George Bull of 1937 Sevilla Boulevard West, inquired if the grace period that applied to Ordinance No. 90-01-173 also applied to this ordinance. Mayor Meserve responded that the one-year grace period did not apply, but the same protections were provided through vesting provisions. Community Development Director Doerr's memo concerning the rights of property owners after the new regulations are adopted is attached and made part of this official record as Attachment D. Mack McCulter of 225 Water Street, Jacksonville, supported the ordinance. COMMISSIONERS M 0 T 0 N BEAVER BORNO PARSONS WATERS MESERVE S E C 0 N D Y E S X X 2 Minutes Page -5- November 26, 2001 Lyman Fletcher of 804 East Coast Drive, clarified the setback requirements of Section 24-163 in the final draft of the ordinance. He opposed the change from 20' to 15' for the parking of boats and recreational vehicles. He felt the change would destroy the aesthetics of a neighborhood, would cause parking problems since cars would now be parked on the street to accommodate a boat parked in the front yard, and would result in a negative impact on property values. No one else spoke for or against the proposed ordinance, and the Mayor closed the public hearing. Discussion of vested rights ensued and City Manager Hanson pointed out that a definition of vested rights was included in the ordinance. Community Development Director Doerr's memo (Item 7A and & B) clarified the language of the ordinance and is attached as Attachment D. Discussion ensued concerning the change in Section 124-163 for parking or storing recreational vehicles, boats and trailers from 20' to 15'. Commissioner Waters concurred with former Mayor Lyman Fletcher and opposed the change. He urged Mayor Meserve and ' 'Commissioners Beaver and Bomo to reconsider their positions and (...\-1 change the setback requirement back to 20'. Commissioner Beaver reiterated his previous position and believed the Commission made this change in order to address the needs of the Marsh Oaks Community. He felt the change would cause no major impact to the city. Code Enforcement Officer Sherrer confirmed that several 15 — 17' boats were legally parked in front yards in various areas of the city. Mayor Meserve thanked the Community Development Board Members and the Commissioners for their work on the ordinance which he believed was much better than the current zoning ordinance. Following brief discussion the motion carried by a four to one vote with Commissioner Waters voting nay. C. Ordinance No. 60-01-11 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE FOR THE TREATMENT OF NON- CONFORMING SIGNS; PROVIDING FOR COMMISSIONERS M 0 T I O N S E C O N D Y E S i AGENDA ITEM #8D MAY 8, 2006 Subsequent amendments to Chapter 24, specifically Article IV, the Subdivision Regulations, were reviewed and considered and by the Community Development Board and the City Commission during March through May of 2003. Attached are copies of the agenda related documents from first and second readings, strikethrough/underline and clean drafts, the adopted ordinance and my Commission Staff report for the April 14, 2003 Commission meeting summarizing the proposed changes and requesting public hearing dates. The amended Subdivision regulations were approved upon first reading on April 28, 2003, and adopted upon final reading on May 12, 2003. Chapter 2,4 Zonh_ g aildd Su , division _R gitIatiom y_ tic e 1 G en n l� " e • 214- tleg • g e. t4,tDd iv151P)1, t Revised 02/02/01 (a) Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, the pareel resubdivision shall be. approved by the City Commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated Whenever a parcel of land is subdivided and the subdivision plat showsone(1) or more lots -containing moret than one (1) acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the City Commission may requtie the allowance for,- iireopeningyof streets and the ultimate extension of adjacent streets on that parcefof land. Easements providing for the future opening and extension of the streets may be made :a requirement of theplat. (c) Combination, or recombination of previouslyyplatte'd Iots No combination or fm..1.. recombination of portions of previously platted lots ispeiuiitted t ien new parcels or residual •parcels smaller than any of the original lots are created unless otherwise petniitted under townhouse regulations, or, except on approval,of the City Commission? when the recombination of lots will reduce density otherwise peiuutted andfurther provided that the square footage of any such recombined lot shall not be less than five thousand (;Q Q}' square feet. Upon approval of the City Commission lots which fall under the=definitior ` of double frontage lots, except lots having frontage on the Atlantic Ocean, may be. combined or recombined where residual parcels smaller than any of the original lilts are created provided that after such division is accomplished, the residual lots can meet the required lot areallot width; and all required front, rear, and side An appllcan plat at any thine bet plat shalbe'�attached`re foliow:"a11 provisions of vacation of 'any his or her plat or any part of any his or her e of an_y.Pot therein, by a written instrument, to which a copy of the the same to be vacated. Any subsequent resubdivision shall ecttori24-1-88 and other applicable sections of Article IV. 24-190--24-200. Reserved. 1. General requirements. DIVISION 2. APPLICATION PROCEDURE It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the -107- r 1 Revised 02/02/01 or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width . h, as will be adequate for the purpose of accessor maintenance and to .rovide for the unrestricted flow of the intended volume of water. (c) Other drainage easements. Other easements may be required for drainage purposes of such size and location as may be determined by the administrative official. (d) Pedestrian and service easements. Where necessary for sa, pedestrian and service easements or rights-of-way may be,_.pravded. ;± convenience, (e) No city expense. Easements required by these regulations: within pro' subdivisions shall be provided at no expense to the ci Sec. 24-254. Blocks. (a) General. The lengths, widths and shapes ofblocks shalLbe determined with due regard to: (1) (2) (3) Provision of adequate buildiii contemplated; sites suita especial needs of the use Zoning requirements as to lot sizes and dimensions; , ,,ation, control and safety of street and Needs for conve } ntence access, c ' pedestrian traffic and fire prot_ec__�.._ intersecting stye' Sec. 24-255 ths. BIo cept that: hs shall not exceed twelve hundred (1200) feet between Commission may approve blocks of greater length. General. The tot size, Width, depth, shape and orientation, and the minimum buildin setback lines shall be appropriate for the location of the subdivision and for the type of g development and use contemplated. Lot arrangement and.design"shall be such that all lots provide satisfactorywill arid.` desirable building sites. In no event shall a lot have a width of less than seventy-five (75) feet>at the building line, nor shall it contain less than seven thousand five undred_(7,500}square feet. '='k(1 )`Dimensions: Lot dimensions shall conform to the requirements of article this chapter, and -;the depth and width of properties reserved or laid out for commercial andoin us pu poses shall be ade.uate to .rovide for the off-street service and parkin trial the type of use and development contem lated. -126- facilities re uired b CITY OFATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA I'1'EM: Proposed amendments to Subdivision regulations SUBMITTED BY: Sonya Doerr,AICP SAQ Community Development Director DATE: April 02, 2003 Attachment D BACKGROUND: Attached is a strikethrough draft of proposed amendments to Chapter 24, Article N, the City's Subdivision regulations. (My comments or explanations are provided in bold, italicized print.) The proposed changes were considered by the Community Development Board at their March 18, 2003 meeting, and a unanimous recommendation of approval is forwarded to the City Commission. The proposed revisions do not significantly change the review and approval process for Subdivisions, but they do consolidate duplicative sections that are in the current regulations, and require some additional information to be submitted in accordance with other changes to the Land Development Regulations, State laws and Florida Building Code requirements. The most significant changes are additional provisions, updated language, definitions, and clarifications, which are intended to address development concerns and issues where inadequate or outdated regulations currently exist. These amended and new provisions are summarized as follows. • Section 24-187, page 2: This section establishes a clear definition, in accordance with Florida Statutes, of Subdivision and Improvements within a Subdivision. • Section 24-188, page 2: This section establishes when the filing and approval a formal Final Subdivision Plat or a Replat is required. • Section 24-189, page 3: This new provision is intended to address the issue of illegal lot divisions, and requires that a Certified Survey be submitted to and approved by City staff for the purpose of verifying that: both resultant lots meet the minimum 7500 square foot lot size; proper access is provided; no nonconforming structures will be created by the division, and that any other Land Development Regulations applicable to the property division are met. This sectionprovides an exemption for the formal platting procedure for such two -lot property divisions, but requires approval of the survey to verify that the lots meet all requirements, prior to recording of a deed and prior to issuance of a Building Permit. The approved survey is to be recorded as an addendum to the deed, and a copy of the approved survey will be maintained in City records, .and must be submitted with any future application for Building Permits. This section also addresses townhouses that are divided in ownership. • Section 24-190, page 3: This section addresses a problem staff has encountered numerous times, w here s everaI 1 ots have p reviously b een b uilt u pon a s a single p arcel, and p roperty owners later wish to sell one of the parcels, but required setbacks cannot be provided on the adjacent parcel. • Division 2, page 4: The current regulations contain a great deal of redundancy describing the review procedures. There are no substantive changes in this process, but Division 2 has been consolidated into a more concise explanation of the Subdivision application and review 04-14-03 regular meeting • AGENDA ITEM #8I APRIL 14, 2003 process. (Much of this process and the requirements for a preparation and recording of a Final Plat are set forth by Chapter 177, Florida Statutes.) • Section 24-251, page 18: The requirement for Habitable Space to be constructed at a minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level is set forth in paragraph (c) of this section. The Building Official has long enforced this requirement based upon FEMA regulations, but it is not currently enacted by any local ordinance. The recently adopted revised stormwater regulations are also referenced in paragraph (e) of this section. • Section 24-252, page 15: The City construes the current regulations to require that a developer must design, construct and pave and Streets in accordance with City standards, and also provide access to paved streets. The revised language of paragraph (c) unequivocally sets forth this requirement. The requirement to provide for continued maintenance of private streets is also established in paragraph (d). • Section 24-253, page 21 (f): This provision prohibits the closure of beach access easements in support of various Comprehensive Plan policies. • Section 24-256, page 22: The Comprehensive Plan references required recreation, but there is currently no standard to quantify how much recreation area is required in new subdivisions. This provision establishes a minimum one -acre of recreation area for projects ten acres or more in size and requires 50% of that land to contain active recreation facilities. • • Sections 24-259 and 260, page 23: The current regulations require central water and sewer for all new Subdivisions, which again, are defined as any development or division of more than two lots. Section 24-260 addresses those new lots that might be exempt from the definition of a Subdivision, and requires these to be at least one -acre in size if a septic tank is to be used, and .also requires connection to central services if available within 100 -feet of the lot. While it may not be legally defensible to outright prohibit septic tanks, those areas which are not currently served by central sewer are some of the more environmentally sensitive areas of the City. As required by the Comprehensive Plan, the use of new septic tanks should be limited to the extent possible. RECOMMENDATION: Establish dates to hear and enact proposed revisions to Subdivision regulations, with first reading on April 28, 2003, and final reading and public hearing for May 12, 2003. ATTACIMVIENTS: Strikethrough draft of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and minutes of the Community Development Board meeting recommending approval of the proposed revisions. REVIEWED BY CITY MANAGER: 04-14-03 regular meeting CITY OF ATLANTIC BEACH COMMISSION MEETING April 14, 2003 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 24, 2003 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings B. Review and possible action on a report on Golf Carts on public streets 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 — Public Works and new occupational licenses (City Manager) B. Approve list of items to be declared as surplus to the City of Atlantic Beach (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-03-181 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 90-03-181 REZONING LANDS AS DESCRIBED HEREINAFTER TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND .PROVIDING AN EFFECTIVE DATE B. Ordinance No. 65-03-32 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE (City Commission) C. Ordinance No. 5-03-41 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) D. Ordinance No. 20-03-59 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC .BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2003 8. Miscellaneous Business A. Appointments to Cultural Arts & Recreation Advisory Committee (2) B. Appointment to the Community Development Board (1) C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for a four-year term, and to the Police Pension Board of Trustees for a two- year term ...........ppo • D. Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) E. Discussion and related action in connection with possible regulation of rental property (Comm. Borno) 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, April 11, 2003. -2- • • Minutes Page -5- April 14, 2003 There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Appointments to Cultural Arts and Recreation Advisory Committee (2) The Mayor nominated Katherine Burgess and James B. Strutchen, Jr. for appointment to the Cultural Arts Board. The City Commission unanimously approved the appointments. B. Appointment to the Community Development Board The Mayor nominated Lynn Drysdale to fill the unexpired term of Karl Grunewald on the Community Development Board. Motion: Appoint Lynn Drysdale to the Community Development Board The motion carried unanimously. C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for a four-year term and to the Police Pension Board of Trustees for a two-year term Motion: Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for a four- year term and to the Police Pension Board of Trustees for a two-year term. There was no discussion and the motion carried unanimously. • Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) Community Development Director Sonya Doerr stated that she was working on the draft of the changes to Chapter 24 recommended by the Community Development Board, as listed in her report dated April 2, 2003. A copy of the report is attached and made part of this official record as Attachment D. She proposed to have the first reading on April 28, 2003, and final reading and public hearing on May 12, 2003. COMMISSIONERS M 0 T I 0 NDS S E C O N Y E T BEAVER X BORNO X PARSONS X X MESERVE .X X • BEAVER X BORNO X PARSONS X X MESERVE X X Strikethrough draft 04/02/03 ARTICLE IV. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and Intent. The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of Land. The Subdivisionappropriate and lawful division of Land is a vital step inthe urbanization process and the progress of the community's development. Once Land has been shaped into Lots, blocks and Streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision,Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. A5In that the general welfare, health, safety and convenience of the community arethereby directly affected by the Use of Land as aand division of Land, subdivision, it is in the interest of the public that cubdivisionsDevelopment be designed and developedconstructed in accordance with sound rules and propel -minimum standards. The purpose and intent of this Article is as follows: (a) To establish reasonable and equitable standards of Subdivision design and procedures for the subdivisiondivision and Development of Land that will encourage stable communities and the creation of healthy living environments, and which preserve Environmentally Sensitive Lands and the natural beauty - - - - features;of the City of Atlantic Beach. (b) To ensure that public facilities,. utilities are available andand infrastructure will have a sufficientcapability and capacity to serve the residents of Land proposed for Development and to ensure that adopted Level of Service Standards as established by the Comprehensive Plan are not diminished; (c) To p- revent traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in Land developments, having particular regard to the avoidance of congestion in the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and Buildings, and to provide for the proper location, width and design of Streets; (d) To coordinate thefurnishing and establishment of Streets, drainage and utilities in an orderly planned manner to ensure protection of the environment and promotion ofto promote the general welfare of the City; (e) To enhance protection from fire, flood and other dangers; •;J (0 (g) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of the population; To ensure proper legal descriptions and monumentation of subdivided Land; (h) To prevent or reduce the p ollution of air, streams and ponds; t o ensure the adequacy of drainage facilities; to safeguard the water table;quality and resources; and to encourage the wise Use and management of natural resources throughout the jurisdiction of the City in order to preserve the integrity, stability and beauty of the community and the natural value of the Land; (i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the Land; Strikethrough draft 04/02/03 (j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the Comprehensive Plan, this Article and the requirements of these Land Development Regulations. Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, stain' sewers or drains, street names, signs, street lights, landscaping, permanent reference monuments (P.R.M.$), permanent control points (P.C.P.$), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. recording of a Final Subdivision Plat or a Replat. .Requirement for approval and (a) No Building Pennrits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Lands will create three (3) or more contiguous Lots or Parcels. (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, which will alter any access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated for preservation. driveway, or Street layout as shown on t - :: - : ' . , or ar-y ar•u (b) Procedure for subdivisions where future re subdiv. the City Commission may require the allowance for future opening of Streets and the ultimate extension of the Streets may be made a requirement of the Plat. previously recorded and Platted subdivisions and Platted Lots of Record shall require a re plat to be approved by the City Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. 2 Strikethrough draft 04/02/03 - -- - of Lots within a Subdivision, provided that the square footage of any such combined Lot shall not 111 with all applicable provision of these area. Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations. (3) The division and the resultant new Lots shall not create any Nonconfoiiiiing Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted t o the City and approved prior t o recording of a deed for transfer o f ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. 3 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Proposed amendments to Subdivision regulations Sonya Doerr, AICP Community Development Director. April 15, 2003 AGENDA ITEM #7D APRIL 28, 2003 FILE COPY BACKGROUND: Attached are proposed amendments to Chapter 24, Article IV, the City's Subdivision regulations. The proposed changes were considered by the Community Development Board at their .March 18, 2003 meeting, and a unanimous r ecommendation of approval is forwarded to the City Commission. The proposed revisions do not significantly change the review and approval process for Subdivisions, but they do consolidate duplicative sections that are in the current regulations, and require some additional information to be submitted in accordance with other changes to the Land Development Regulations, State laws and Florida Building Code requirements. RECOMMENDATION: Approval upon first reading of proposed amendments to Subdivision regulations with public hearing, final reading and enactment scheduled for May 12, 2003. ATTACHMENTS: Proposed ordinance and Exhibit A, amendments to Chapter 24, Article IV, Subdivision Regulations. REVIEWED BY CITY MANAGER: _______CZ AGENDA ITEM #7D APRIL 28, 2003 Clean draft 4/15/2003 3:22 PM (i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the Land. (j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the adopted Comprehensive Plan, this specific provisions of this Article and other applicable requirements of these Land Development Regulations. Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat. �(a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three (3) or more contiguous Lots or Parcels. (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated preservation area. Sec. 24189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations. Clean draft 4/15/2003 3:22 PM AGENDA ITEM #7D APRIL 28, 2003 (3) The division and the resultant new Lots shall not create any Nonconfoi ming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted t o the City and approved prior t o recording of a deed for transfer o f ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission fords that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions t o the waiver a s will ensure that the waiver w ill c omply with the intent and purpose of this Article. ORDINANCE NUMBER 90-03-182 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public health, safety, comfort and welfare require the hainionious, orderly and progressive development of Land. The appropriate and lawful division of Land is a vital step in the progress of the community's development, and substantial public responsibility is created b y e ach new Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. In that the general welfare, health, safety and convenience of the community are directly affected by the Use and division of Land, it is in the interest of the public that Development be designed and constructed in accordance with sound rules and proper standards. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations, Article TV, Subdivision Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as set forth in attached Exhibit A. SECTION 2. Section 24-186 of attached Exhibit A sets forth the need and justification for these regulations, and the Purpose and Intent statements of Section 24-186 are incorporated herein by reference as findings. in support of this Ordinance.. SECTION 3. 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 on first reading and public hearing by Beach this 28th day of April, 2003. Passed o day of May, 2003. A.,► oved �r. AN C City A .rney to form and correctness: ommission of the City of Atlantic ding and public hearing this 12th NSEN, ESQUIRE ATTEST : MAUREEN City Clerk CITY OF ATLANTIC BEACH COMMISSION MEETING May 12, 2003 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of April 28, 2003 2. Courtesy of Floor to Visitors A. Presentation of a Proclamation declaring the Week of May 18-24, 2003 as Public Works Week in Atlantic Beach 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings 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 RECOM- MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of the following reports for the month of May: Public Works project status report, new Occupational Licenses, and Utility Sales (City Manager) S. Committee Reports 6. Action on Resolutions A. Public Hearing and adoption of Resolution No. 03-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND PROVIDING AN EFFECTIVE DATE 7. Action on Ordinances A. Ordinance No. 90-03-182 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. *Agenda was amended to add items 8G and 8H Minutes Page -7- April 28, 2003 B. Ordinance No. 05-03-41 Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 05-03-41 on final reading. Mayor Meserve opened the floor for a public hearing and no one spoke for or against the ordinance. The Mayor closed the public hearing. There was no discussion and the motion carried unanimously. C. Ordinance No. 20-03-59 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2002 The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on final reading. Mayor Meserve opened the floor for a public hearing and no one spoke for or against the ordinance. The Mayor closed the public hearing. There was no discussion and the motion carried unanimously. anommiNI, D. Ordinance No. 90-03-182 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE COMMISSIONERS M 0 T 1 O N S E C O N D Y E S BORNO X X PARSONS X WATERS X X MESERVE X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -8- April 28, 2003 The Mayor read the ordinance by title only and announced that the public hearing and final reading would take place May 12, 2003. Motion: Approve Ordinance No. 20-03-59 on first reading. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Approve Change Order No. 1 in the amount of $22,718.00 on Aerated Sludge Holding Tank at Wastewater Treatment PIant No. 2 (City Manager) Motion: Approve Change Order No. 1 in the amount of $22,718.00 on Aerated Sludge Holding Tank at Wastewater Treatment Plant No. 2. Utility Director Kaluzniak explained the Change Order in detail and displayed photographs of the site. Her Staff Report dated April 18, 2002 is attached and made part of this official record as Attachment B. There was no discussion and the motion carried unanimously. B. Approve Change Order No. 1 in the amount of $15,360 on Ocean Boulevard water line replacement project (City Manager) Motion: Approve Change Order No. 1 in the amount of $15,360 on Ocean Boulevard water line replacement project. Public Works Director Kosoy explained that brick was found under 4 or 5 inches of asphalt during the initial street excavation work. He indicated that initially it was though the brick could be salvaged for use in Town Center, but most were found to be in poor condition. Mr. Kosoy stated that it was not known if the bricks ran all the way to 7th Street, but the Contractor submitted a price of $6 per lineal foot to remove and dispose of the additional brick and asphalt. It was noted that project had been completed through 3`d Street. There was no more discussion and the motion carried unanimously. C. Award a contract for engineering for Well Rehabilitation and Replacement for Well Nos. 2, 5N, 1- T.5-285 and -6S, COMMISSIONERS M O T 1 O ND S E C O N Y E S BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X X WATERS X MESERVE X BORNO X X PARSONS X WATERS X X MESERVE X AGENDA ITEM # MAY 12, 2003 Clean draft 4/15/2003 3:22 PM EXHIBIT A ARTICLE IV. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and Intent. The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of Land. The appropriate and lawful division of Land is a vital step in the progress of the community's development. Once Land has been shaped into Lots, blocks and Streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. In that the general welfare, health, safety and convenience of the community are directly affected by the Use and division of Land, it is in the interest of the public that Development be designed and constructed in accordance with sound rules and proper standards. The purpose and intent of this Article is as follows. (a) To establish reasonable and equitable standards of design and procedures for the division and Development of Land that will encourage stable communities and healthy living environments, and which preserve Environmentally Sensitive Lands and the natural beauty of the City of Atlantic Beach. (b) To ensure that public facilities, utilities and infrastructure will have a sufficient capacity to serve the residents of Land proposed for Development and to ensure that adopted Level of Service Standards as established by the Comprehensive Plan are not diminished. (c) To prevent traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in Land developments, having particular regard to the avoidance of congestion in the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and Buildings, and to provide for the proper location, width and design of Streets. (d) To c oordinate the e stablishment o f S treets, drainage a nd u tilities in an orderly p Tanned m anner to ensure protection of the environment and to promote the general welfare of the City. (e) To enhance protection from fire, flood and other dangers. (f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of the population. (g) To ensure proper legal descriptions and monumentation of subdivided Land. (h) To prevent or reduce t he p ollution of air, streams and ponds; t o ensure the adequacy of drainage facilities; to safeguard the water quality and resources; and to encourage the wise Use and management of natural resources throughout the jurisdiction of the City in order to preserve the integrity, stability and beauty of the community and the natural value of the Land. Clean draft 4/15/2003 3:22 PM (i) To provide for Open Spaces and recreational areas through the most e Land. (j) To guide the future growth and development of the City of Atlantic adopted Comprehensive Plan, this specific provisions of this requirements of these Land Development Regulations. AGENDA ITEM A MAY 12, 2003 fficient design and layout of the Beach, in accordance with the Article and other applicable Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat. (a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of Division.2 of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three (3) or more contiguous Lots or Parcels. (2) The division of.Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated preservation area. Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations. AGENDA ITEiM #7. MAY 12, 2003 Clean draft 4/15/2003 3:22 PM (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted t o the City and approved prior t o recording of a deed for transfer o f ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Conunission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may a ttach such conditions t o the w aiver a s w ill e nsure that t he w aiver w ill c omply w ith t he intent and purpose of this Article. Minutes Page -4- May 12, 2003 JACKSONVILLE, THE TOWN OF BALDWIN, TIDE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the resolution by title only. Motion: Approve Resolution No. 03-04. Mayor Mesere opened the floor for a public hearing. J.P. Marchioli of 414 Sherry Drive felt the resolution was ineffectual and opposed its approval. No one else spoke and the Mayor closed the public hearing. Commissioner Waters referenced Page 5 of the Resolution and commented that the City of Pembroke Pines, with their Joint Planning Committee, had successfully built a charter school. There was no discussion and the motion carried unanimously. Action on Ordinances: Ordinance No. 90-03-182 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance, and the Mayor closed the public hearing. Commissioner Waters commented that he was not in favor of Planned Unit Developments (PUD's). He referenced Section 24- 222 of the ordinance and inquired as to how a PUD met the requirements of the Subdivision Regulations. Community Development Director Doerr stated that it must meet the requirements for streets, rights-of-way, and platting. She pointed COMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S 1 BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X • • Minutes Page -5- May 12, 2003 out that Planned Unit Developments were regulated under Article 111, Division 6 of Chapter 24. Commissioner Borno inquired if the changes addressed the splitting of existing lots by property owners. Ms. Doerr stated that this issue was addressed and she explained the replatting requirements. She said the local realtors and title attorneys would be notified of the change. There was no further discussion and the motion carried unanimously. B. Ordinance No. 95-03-84 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN EFFCTIVE DATE Mayor Meserve read the ordinance by title only and stated that the public hearing and final reading would be held on May 27, 2003. Motion: Approve Ordinance No. 95-03-84 on first reading. Commissioner Borno inquired if the penalties were strong enough to be a deterrent for this type of offense. Chief Thompson pointed out that in addition to fines, the ordinance provided for imprisonment. He indicated he would check with the other beach cities concerning their penalties. Mayor Meserve inquired if the Homeless Coalition had reviewed the ordinance. Chief Thompson indicated that they had no problem with the ordinance since panhandlers were not always homeless people. Discussion of the enforcement procedure of the ordinance ensued. There was no more discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Discussion and possible action regarding twice -per -week trash collection (Commissioner Parsons) Commissioner Parsons explained his reasons for requesting the additional service. COMMISSIONERS M O T I O ND S E C O N Y E S I, C BEAVER BORNO PARSONS WATERS MESERVE X X X X X X X City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us MEMO TO: Jim Hanson, City Manager FROM: Sonya B. Doerr, AICP Community Development Director DATE: November 8, 2005 RE: Division of Land and Subdivision platting procedures I have used the terms plat, re plat and platting interchangeably herein. All terms refer to the process of preparing, approving and recording an official map of lands intended for certain defined uses, including those that are to be reserved (or dedicated) some public use. "Re plat" refers to the process of making changes to a previously approved plat. Approval of a re plat generally requires the same process as an original plat. Division of land is addressed in the City's zoning and subdivision regulations and also in Chapter 177, Florida Statutes, which sets forth how subdivision plats are to be prepared and recorded. State Law does not dictate when a plat (or a re -plat) is required. Local governments have the authority to decide when, or when not, to require platting or re -platting of land. Chapter 177 establishes standards and technical requirements for plats so that a consistent method is used State-wide by surveyors and local governments involved in preparing, approving and recording plats. Some local governments require platting for any division of land, but many provide some basic and limited exemptions for divisions that meet established requirements. The preparation and approval of a subdivision plat is a time-consuming and costly process, requiring survey and legal services. Again, this decision is at the discretion of the local government, but many find some limited exemptions to be reasonable. The COAB allows one exemption from the requirement to plat. In summary, to be eligible for this exemption: no more than two lots can be created; the divided lots must each be a minimum of 75 -feet wide and 100 -feet deep; no nonconforming characteristics can be created, and a new survey depicting the two new lots with the new legal descriptions must be provided to the City for approval. The approved surveys are to be recorded along with the deeds when the lots change ownership. (There have been eight of these divisions in the COAB. It appears there are approximately 15-17 other lots in the City that are large enough to meet the requirements for such a division, and most of these are located along Selva Marina Drive between Country Club Lane and Saturiba Drive.) A new division of property, for the purpose of future development, created in any manner other than as described above, would be considered an "illegal" division of land, and the City would not issue a Building Permit to develop such property. In years past, however, the City routinely issued building permits on newly created 5000 square foot, 50x100 -foot lots in residential zoning districts. This accounts for what seems to be a hodgepodge of lot shapes and sizes, particularly in Old Atlantic Beach. The Subdivision regulations have, since the 1960s, required all new lots to contain at least 7500 square feet of lot area and be at least 75 -feet in width, unless approved in a PUD. The zoning regulations also however, for many years, contained several conflicting provisions, which could have been interpreted not to prohibit such lot divisions. The revisions to Chapter 24, which became effective January 01, 2002, addressed these discrepancies. Most newer subdivisions have private deed restrictions and covenants that address many issues including lot divisions, but it is the responsibility of the Homeowner's Association, or whatever legal entity that is created, to enforce compliance with these restrictions. Local governments generally have no authority to enforce such private agreements, unless these are "mirrored" in a PUD ordinance. The City has full zoning authority to enforce the special conditions of a PUD ordinance, and a PUD typically prohibits the division of lots, as most residential PUDs establish a maximum number of lots when they are first approved. cc: Alan Jensen, City Attorney 2 AGENDA ITEM #8E MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations, Section 24-189 in accordance with recommendation of the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP j,LQ Community Development Director DATE: April 21, 2006 BACKGROUND: The Community Development Board was requested to reconsider their previous recommendation related a revision to the Subdivision regulations, which has been pending since November. This proposed revision would remove the administrative approval for certain types of lot divisions, and establish a procedure to consider and act upon such requests at a public hearing. The Community Development Board has recommended that this provision of the Subdivision regulations be amended so that such two -lot divisions go to public hearing before the Community Development Board for consideration and action, and that a process for appeal to the City Commission of a final decision made by the Community Development Board be provided. The attached proposed draft ordinance incorporates those recommendations. BUDGET: No budget issues. RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of Ordinance 90-06-192, amending Section 24-189 of Land Development Regulations, Article IV, Subdivision Regulations, in accordance with recommendation of Community Development Board. ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board meeting, underlined draft indicating revisions and draft proposed Ordinance. REVIEWED BY CITY M May 08, 2006 regular meeting AGENDA ITEM #8E MAY 8, 2006 DRAFT Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each of following provisions (1) through (8). (1) Approval at a public hearing by the Community .Development Board of a Certified Survey depicting the proposed new lots and upon finding that each of the following requirements and conditions are demonstrated. The Certified Survey shall also depict the location of all Private Protected Trees, as defined bv Chapter 23 of this Code of Ordinances. (2) The Certified Survey shall demonstrate that each proposed new lot contains sufficient area to meet all minimum Yard. Requirements and that removal of no Private Protected Trees, as defined bv Chapter 23-16, shall be required solely for the purpose of creating sufficient buildable area on the new lots. The Survey shall also identify the general intended building footprint location in relation to existing Private Protected Trees. (3) The division results in no more than two (2) contiguous Lots or Parcels, and no division of any portion of the lands subject to such a request under this Section shall have been divided during the preceding twenty-four (24) months. (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations, as may be amended. (5) The resultant new lots are generally consistent in size, width, depth and shape with surrounding development and established platting patterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (7) Such Certified Survey shall be submitted to and approved the Community Development Board prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed(s). It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (8) Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in Section 24-52 (c) of this Chapter. (b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to this Section to the City Commission. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order of the Community Development Board, and shall be heard at public hearing before the City Commission. (bc)Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. DRAFT Minutes of April 18, 2006, Community Development Board Meeting AGENDA ITEM #8E MAY 8, 2006 5d. Reconsideration of Community Development Board's recommendation related to proposed revisions to Section 24-189 of the Land Development Regulations related to the approval process for two -lot divisions of property. (At the request of Mayor Wolfson.) Sonya Doerr, Community Development Director, mentioned that she had distributed to the Board some correspondence from Mayor Wolfson received this morning, addressing this item. She provided the background on this issue and explained the Replat Exemption ordinance. She advised that the Mayor's intent was to have the CD Board and the Commission process a replat exemption request similar to that used for a Use -by -Exception, where such requests would come before the CD Board; the CD Board would make a recommendation to the Commission, and the City Commission would take final action on the request. Carolyn Woods motioned to recommend to the Commission that lot divisions of any type come to the Community Development Board for a recommendation to the Commission. Chairman Jacobson advised that he believed that a new motion had to be made by a Board member on the prevailing side of their original motion on the issue. Ms. Woods acknowledged that she was not on the prevailing side of this matter when previously considered by the CD Board. Ms. Doerr continued to explain the current status of the Code regarding lot divisions and indicated that there would not be a large number of these lot division requests as there are few lots large enough to meet the size requirements for such lot divisions. The Board discussed the information presented in the memo from the Mayor and the Commission meeting minutes. Chairman Jacobson believed that the issue was referred back to the Board for a decision on which type of review process should be applied to these two -lot division requests. Ms. Doerr explained the procedures through which lot divisions creating more than two lots are currently reviewed by the CD Board, either through the platting or re -platting process, and advised that the CD Board now and has always been required to make a recommendation as part of these procedures. The Board discussed the possible effects and results of the various processes. Resident Kevin Byrnes, 391 Eighth Street, made comments addressing the minutes from a meeting on March 8, 2004. Chairman Jacobson motioned to recommend that requests for two -lot divisions come before the Community Development Board for final action, subject to the applicant's right to appeal the CD Board's decision to the City Commission. Mr. Burkhart seconded the motion and it passed by a 4:2 vote, with Chris Lambertson and Dave Maclnnes dissenting. Chairman Jacobson brought up the Winter and Company consultant and suggested that the board recruit or organize a group of architects and builders to look at what is recommended and advise the board on the Community Character project. The Board discussed and agreed with this idea. The meeting adjourned at 9:15 pm. Signed Attest 4 AGENDA ITEM #SE MAY 8, 2006 ORDINANCE NUMBER 90-06-192 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ARTICLE IV, SUBDIVISION REGULATIONS, DIVISION 1, OF CHAPTER 24, THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS INITIALLY ADOPTED BY ORDINANCE NUMBER 90-01-172, SPECIFICALLY AMENDING SECTION 24-189, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the appropriate and lawful division of Land is a vital step in the progress of the community's development, it is the intent of the City to establish reasonable and equitable standards and procedures for the division of land that will encourage stable communities and healthy living environments, and which preserve the natural beauty of the City of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Municipal Code, Chapter 24, the Zoning, Subdivision and Land Development Regulations, Article IV, Division 1, Section 24-189, is hereby amended and upon enactment shall read as follows. Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each of following provisions (1) through (8). (1) Approval at a public hearing by the Community Development Board of a Certified Survey depicting the proposed new lots and upon finding that each of the following requirements and conditions are demonstrated. The Certified Survey shall also depict the location of all Private Protected Trees, as defined by Chapter 23 of this Code of Ordinances. (2) The Certified Survey shall demonstrate that each proposed new lot contains sufficient area to meet all minimum Yard Requirements and that removal of no Private Protected Trees, as defined by Chapter 23-16, shall be required solely for the purpose of creating sufficient buildable area on the new lots. The Survey shall also identify the general intended building footprint location in relation to existing Private Protected Trees. (3) The division results in no more than two (2) contiguous Lots or Parcels, and no division of any portion of the lands subject to such a request under this Section shall have been divided during the preceding twenty-four (24) months. Page 1 of 2 Ordinance Number 90-06-192 AGENDA ITEM #8E MAY s, 2006 (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations, as may be amended. (5) The resultant new lots are generally consistent in size, width, depth and shape with surrounding development and established platting patterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. Such Certified Survey shall be submitted to and approved the Community Development Board prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed(s). It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in Section 24-52 (c) of this Chapter. (7) (8) (b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to this Section to the City Commission. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order of the Community Development Board, and shall be heard at public hearing before the City Commission. (c) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. 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 day of , 2006. Passed upon final reading and public hearing this day of , 2006. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ATTEST : ALAN C. JENSEN, ESQUIRE City Attorney DONNA BUSSEY City Clerk Page 2 of 2 Ordinance Number 90-06-192 bli)14Pr AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: STAFF REPORT City of Atlantic Beach Commission Meeting Funding Approval for Computer Network Data Transmission April 13, 2006 David E. Thompson, Chief of Police/DPS Keith Randich, IT Manager AGENDA ITEM #8F MAY S, 2006 The current City Computer Network is comprised of computers at various locations throughout the City including City Hall, Public Safety, Public Works, Water Plants, Waste Water Plants, and Parks and Recreation Buildings. Currently, the only connection that is made with fiber optic cable is the link between City Hall and Public Safety. The other sites are connected with a first -generation wireless network. The first -generation wireless network has become extremely error -prone. It causes long wait times for City employees located at remote locations, and it creates delays in transmissions from equipment monitoring our water and waste water plants. We recognized this last year, and the Information Technology consultants with the Florida League of Cities established "reliability" as one of our highest priorities for the computer network goals in 2006. The wireless connection is the key network problem that we need to address. Staff has conducted extensive research into the problems and the possible solutions to the connectivity issue. This has included reviewing options including using high speed cable for connectivity or backup, purchasing all new and improved wireless equipment and antennas, running fiber cable to all locations, leasing lines from BellSouth, and combining these various options. The costs have been extended out for five (5) years to make realistic price comparisons between the various options. City IT Staff recommends replacing the portion of the wireless network that generates the largest amount of traffic with underground fiber. This fiber would connect the Public Works facility and Water Plant 1 to the City Hall / Public Safety campus. A fiber optic cable run in conduit is very reliable and very low maintenance. It is virtually unaffected by the weather, and it has a life expectancy of 15-20+ years. Additionally, because fiber cables are commonly used for data connections throughout the world, there is constant research and development relative to enhancing future fiber capabilities. The water tower at Water Plant #1 (461 11th Street) is the highest location in the City, and it is the central hub of the wireless network. A fiber connection from the water tower to City Hall will establish a reliable, high speed pathway to handle the large amounts of data that is being transmitted back and forth. AGENDA ITEM #8F MAY 8, 2006 The Public Works facility (1200 Sandpiper Lane) houses a number of City personnel that generate a large amount of data traffic, especially through the Geographic Information System. Since the Public Works facility is close in proximity to Water Plant 1, staff proposes to link these locations together with fiber. Staff members have obtained quotes for running the fiber cable between these locations, and the lowest price quote was for $59,000. BUDGET: Funding to run this cable was not included in the 2005-06 budget. When the budget was being created, staff was in the process of evaluating and identifying the problems/solutions associated with the wireless network. Staff did not have the information necessary to request funding for 2005-06. Since that time, staff has invested considerable time and expertise into this project. They have determined that the numerous, daily connectivity issues create an unreliable network for remote sites engaged in city business. These issues delay employees from accomplishing their work, and they create delays in SCADA and security systems that are dependent on the network. They also require considerable manpower from the IT Division in maintaining and backing up remote systems. For these reasons, staff recommends moving forward with solutions as soon as possible. The 2005-06 budget included the purchase of some expensive IT equipment, and the prices were based on best estimates. When it came time to make purchases, the quotes came in well under budget, which has left a residual balance in the capital outlay account. The IT Division has the 2005-06 budget to pay $30,000 of the $59,000 total. IT Staff is recommending that the City Commission appropriate $29,000 from the City of Atlantic Beach General Fund Reserves to cover the rest of the costs of the fiber cable. This project could be broken into parts and installed in separate stages. However, there are "start up" costs to initiating the work, and if we break it into separate projects, the costs will increase significantly (estimated increase approximately $10,000). RECOMMENDATIONS: To approve $29,000 in funding from the City of Atlantic Beach General Fund Reserves to be utilized for this project, and to authorize the IT Division to advertise bids for running fiber cable as discussed above. ATTACHMENTS: Basic Diagram of City Network Connecfvity REVIEWED BY CITY MANAGER: AGE ' I A ITEM NUMBER: 0 F- a AGENDA ITEM #8F MAY 8, 2006 0 CO • O M � a) Z Q O 0 y• a U 1- 1— •:11 AGENDA ITEM #8F MAY 8, 2006 Chambers Wireless Link AGENDA ITEM #10A MAY 8, 2006 MINUTES City of Atlantic Beach BOARD MEMBER REVIEW COMMITTEE SPECIAL. MEETING April 27, 2006 5:00 PM City Hall, Commission Chambers, 800 Seminole Road 1. Call to order The meeting was called to order at 5:00 pm. Those in attendance were City Manager Jim Hanson, Mayor Pro -Tem Dezinond Waters, Member Casey Quinif, Member Glen Fisher, City Clerk Donna Bussey, Parks and Recreation Director Timmy Johnson, Cultural Arts and Recreation Advisory Committee Chair Rusty Pritchett, Code Enforcement Officer Alex Sherrer and Code Enforcement Board Vice -Chair Carl Russell. Those absent were Community Development Director Sonya Doerr and Community Development Board Chair Sam Jacobson. 2. Interview new applicants for the Cultural Arts & Recreation Advisory Committee A. Kelly Mannel The Committee interviewed Kelly Mannel. An overview of the duties and responsibilities of the Cultural Arts & Recreation Advisory Committee was explained to her. She expressed her interest in being on the Cultural Arts and Recreation Advisory Committee and explained her experience with coordinating events and programs. The Committee offered the opportunity to ask questions. The Committee responded to those questions. B. Jolyn Johnson The Committee interviewed Jolyn Johnson: An overview of the duties and responsibilities of the Cultural Arts & Recreation Advisory Committee was explained to her. She expressed her interest in being on the Cultural Arts and Recreation Advisory Committee and explained her experience with coordinating events and programs The Committee offered the opportunity to ask questions. The Committee responded to those questions. After the interviews were conducted, the committee discussed the vacancy and the candidates. Mr. Pritchett advised the committee that there would be additional vacancies in July that would need to be filled with new applicants. The consensus was to recommend appointing Kelly Mannel to fill the current vacancy and Jolyn Johnson to fill one of the future vacancy. 3. Discuss/review possible reappointment of current members of the Community Development Board A. Carolyn Woods B. Samuel Jacobson C. Steven Jenkins D. Craig Burkhart AGENDA ITEM #10A MAY 8, 2006 The Committee discussed deferring this item until the Community Development Board Chair can attend and give his input regarding the term expiring members. The consensus was to recommend extending the terms for the four expiring members of the Community Development Board until further recommendations are made. 4. Discuss/review possible appointment of the current alternate member to the Code Enforcement Board A. Richard Ouellette Mr. Sheffer and Mr. Russell gave an overview of Mr. Ouellette's performance and attendance and recommended him for appointment as a regular member. The consensus of the Committee was to recommend appointing Mr. Ouellette as a regular member of the Code Enforcement Board. 5. Other Business The committee discussed the importance of knowing information about all the members of a board or committee when trying to diversify the membership. City Clerk Bussey suggested having all current members complete an application or submit a resume to have on file. The committee concurred. 6. Adjournment There being no other business, the meeting adjourned at 6:30 pm. Donna L. Bussey City Clerk AGENDA ITE11MI #10A MAY 8, 2006 CITY OF ATLANTIC BEACH BOARD / COMMITTEE MEMBER APPLICATION FORINT Please check (J) beside each Board or Committee that you are applying to serve on: c i� �t et (A summary of each board/committee is available on page 2 of this form.) r- ,' ❑ Code Enforcement Board ❑ Community Development Board f- ❑ Pension Board of Trustees ❑ Tree Conservation Board e Cultural Arts and Recreation Advisory Committee i'1. E ----Cultural APPLICANT'S NAME: ADDRESS: 2j) RASri ,Das , z DAYTIME PHONE: q 0Y 4/7 - Y ��L PHO x:1 l c --qO —707-76s-0 E-MAIL ADDRESS: fr\cLnnc �/ le+�Q_�'��?lt.r-+iite4-') , ne Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. ( fie: A .ettt S, I)i 1 ," c- R n jCA+; od1 S �ci C��j d At-r1G2i cam.-. ,.,.fie'- ( c1M,vt rCIL. ff7t) Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. Th i., -e t -1 a, . /.r— A_ avL- .l. Z. ve.4.. ,. A , e-AA-ati- v'S c-/� f c'. e.v� ,' o `19 -e".6 -r /.--,./e- I .oet. .�. (,.; Image Partners - Where human resources meets public relations Wftese NR ,,feels P5'., 14 i7�iflid R. HART BI0 114.K. MANNEL BID AGENDA ITEM #10A MAY 8, 2006 ABOUT us Bio - Kelly A. Mannel Kelly A. Mannel, SPHR, is a founding partner and senior consultant at ImagePartners, Inc., where client companies benefit from her 20+ years of fast-track experience in building effective business units at the local, regional, and international levels. Kelly's technical experience encompasses organization development, career management services, human resources management, public relations, sales/marketing and operations. Prior to her career with ImagePartners, Kelly served for ten years as a Senior Vice President for Right Management Consultants, where she built the start-up operation for Right in North Florida and contributed to operational growth of the Right Florida/Caribbean Region from $3 million to over $20 million. Stellar accomplishments of her tenure include: • Eight consecutive years of award-winning performance recognition, including International Presidents Advisory Council, Legendary Performance, and Outstanding Innovative Practices • Closure of Intel Corporation in Puerto Rico, handling a team of bilingual consultants in service delivery for career management, entrepreneurial business foundations, and organization development • Management of organization development throughout the Florida/Caribbean region, enabling growth in development, sales and delivery of new products and services • Development of region -wide sales, marketing, and public relations, with key writing for CEO and high-level executives published throughout Florida and other nationwide business publications, including Fast Company • Achievement of over 120% of sales goal each year in managing North Florida team A sought-after speaker, Kelly has spoken to dozens of association and business leaders on subject matters in business effectiveness, communications, human resources matters, executive coaching, starting and owning small businesses, and sales and marketing. Kelly is certified as a Senior Human Resources Professional (SPHR) by the Society for Human Resources Management (SHRM), where she acted as Certification Instructor for the past ten years. She is a board member of the Public Relations Society of America (PRSA). As a member of the Jacksonville Chamber of Commerce, she has served on the Board of Governors and has been recognized for her outstanding community involvement. She is a past president of the American Society for Training and Development (ASTD). Kelly earned a degree in political science from Rutgers College in New Brunswick, New Jersey. ©2004 ImagePartners, Inc. All rights reserved. ImageArchitectureTM is a registered trademark of ImagePartners, Inc. 447 Atlantic Blvd., Suite 1, Atlantic Beach, FL 32233 - 904.246.9945 I Sign up for our auarterly e -newsletter PR Matters http://www.imagepartners.net/bio_mannel.htm 9/30/2005 AGENDA ITEM #10A MAY 8, 2006 CITY OF ATLANTIC BEACH BOARD / COMMITTEE MEMBER APPLICATION FORM Please check ('I) beside each Board or Committee that you are applying to serve on: (A summary of each board/committee is available on page 2 of this form.) 0 Code Enforcement Board Yommunity Development Board 0 Pension Board of Trustees Tree Conservation Board 0Cultural Arts and Recreation Advisory Committee NO V 1 26)35 OFFICE OF THE CITY CLERK APPLICANT'S NAME: -..JL-y»'/ 'J o H ISS oN ADDRESS: 2 3 2- z- i7\D2 v DAYTIME PHONE: 24 , to'S". `( EVENING PHONE: 2 a9.- E-MAIL 9.- E-MAIL ADDRESS: l v\ y L o j FAX: �l S o v' -G, • 7-C obv R 'a Pr -1T O cN.44,€r s' FD11._ 0-t vrkv_ Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. ..011o,.1Kc2617 Wei:, • At -4 -41,1e -e4=%1 s cnavn \q Z- tR t2 . etn zcjreusf`r 1)6GoeSTG i pt..) eoT(� Skt11'oiL'f14 S1,e_ec c.-oOrin e -h 016 G!go'P•( el esTA L Nov(iz_erk e Po U i c t c1 e12-19cr-1 Oft2,zTco aec. o(...,,,,,j-Dee,awezt� ts,nvalu e ^�Sa'cE$-t1-)totElse Q.tteSAcL.S9+t et) t... -ANI -1.0 (ICA-ualu-e +*3 excess o - (ottxso . ood. 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