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Agenda Packet 2-13-2006- vCity Commission Agenda February 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 13, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of January 23, 2006 and the Special Called Shade Meeting of January 30, 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 CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LIS l'ED 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 Works and Utility Department Monthly Report for January, Utility Sales Report for January, and Report of New Occupational Licenses issued in January (City Manager) B. Award a contract for the Sewer Master Plan Update to Applied Technology & Management, Inc. in the amount of $114,200, and authorize the City Manager to sign the contract (City Manager) C. Approve the list of property as surplus to the City of Atlantic Beach (City Manager) D. Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection.and distribution of 9-1-1 user fees (City Manager) 5. Committee Reports None 6. Action on Resolutions A. Resolution 06-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO PROVIDE AN ANNUAL APPROPRIATION SUFFICIENT TO PRESERVE, PROTECT AND PROMO IE THE HISTORIC RESOURCES IN OUR NATION'S OLDEST CITY B. Resolution 06-03 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRI FERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES 1 7. Action on Ordinances A. Ordinance No. 5-06-45, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF A 1'LANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 90-06-189, First Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STA I OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, ARTICLE III, DIVISION 5, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS THERETO, TO ADD NEW SECTION 24-104, ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION, TO BE KNOWN AS RESIDENTIAL, SINGLE-FAMILY — LARGE LOT (RS -L, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DA 1'h C. Ordinance No. 95-06-90, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DAI'E 8. Miscellaneous Business A. Proposed revisions to the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to swimming pools, the use of pavers, pervious concrete or open grid paving systems, and the applicability of Impervious Surface limits to existing developed lots and redevelopment (City Manager) B. Proposed revisions to Section 24-189(a) of the Subdivision Regulations, as contained within Chapter 24, the Land Development Regulations, eliminating the administrative approval of certain two -lot property divisions to require Commission review and approval of such requests (City Manager) C. Mandalay Park Design for Mailbox Location (City Manager) D. Report 011 Possible Improvements to Welcome Signs (City Manager) E. Public Safety Annual Report for 2005 F. Report on Meeting with Beach Mayors and Managers (Mayor) 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. 2 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, fowls 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, February 10, 2006. 3 Attendance MINUTES REGULAR CITY COMMISSION MEETING January 23, 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 Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Wolfson, was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson wished City Attorney Alan Jensen a happy birthday. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 9, 2006. Commissioner Borno mentioned two scrivener's errors which he had already brought to attention of the City Clerk. On page one, the first sentence should read "Mayor Wolfson called the meeting to order...", rather than Mayor Meserve. On page five, the sentence in item 7A, first paragraph, should read: "... Mayor Wolfson explained that there has been a request from staff to delay action on this item" rather than that the request was for staff. Mayor Wolfson noted that, on page 16, the suggestion to approach Ms. Elsie Thomas about volunteering for the City came from Mr. Stephen Kuti, not from Commissioner Fletcher, as written. Motion: Approve the minutes of the Regular Commission Meeting on January 9, 2006, as amended. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Jon Jones, 2280 Shepard Street, Jacksonville Florida, agreed to save his comments for the public hearing on Item 8A. January 23, 2006 REGULAR COMMISSION MEETING Page 2 Curt Sanders, 2320 Barefoot Trace, brought up a recent incident which occurred on January 13, 2006, and involved a pit bull attacking a woman on Belvedere Street. He compared this to a similar incident that occurred in s Oceanwalk in July 2004 but was not settled until December 2005. He encouraged the Commission to approve the changes and corrections to the City's ordinance that will come before them as recommendations from the City Attorney. Mr. Sanders handed out a newspaper editorial regarding the evolution of Atlantic Beach and stated his support for the comments written. Michael Hoffman, 176 Camelia Street, commended the Commission for the conservative approach they took in approaching the Tideviews Park security question. He urged the Commission to consult with the urban forester from the City of Jacksonville for assistance in renourishing the City lots bounded by West 1st Street and Atlantic Boulevard. He asked that the City create a better visual buffer at the end of Begonia Street. Mr. Hoffman discussed the Mayport Waterfront Partnership and its Mayport Road Development subcommittee. He noted the current lack of any Atlantic Beach elected officials on the subcommittee and believed it inappropriate to have a group of unelected people making decisions regarding Mayport Road. He suggested that the meetings for Mayport Road decisions be separated from the Mayport Waterfront Committee meetings and that the meetings take place in Atlantic Beach in the evenings so that the general public could attend more easily. He expressed concern with the committee going forward with Former Mayor Meserve's plans for creating a veteran's memorial park at the flyover area. Pat Pillmore, 995 Camelia Street, advised that politically -charged issues be sent to a committee or to the Community Development Board for recommendations to the Commission. She also discussed the Winter and Company study results and the influences that development and marketing has on society. She expressed the need for more creative thinking in regards to those issues. Barbara Evans, 221 Orange Street, Neptune Beach, introduced herself as the executive director of the Atlantic Beach Experimental Theater (ABET). She asked the Commission to consider a multi-year, long term contract for their organization. She cordially invited each commissioner to attend an ABET production as her guest. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report None. Consent Agenda January 23, 2006 REGULAR COMMISSION MEETING Page 3 4. Consent Agenda A. Acknowledge receipt of Monthly Building Department Report, Financial Report and Utility Sales for December (City Manager) B. Extend Contract for one year at current prices with Florida Pipe Tech for Stormwater Jetting, Cleaning & Televising for the Public Works Department (City Manager) C. Award the Annual Contract for Polymer for Wastewater Treatment Plants to Leachem Industries, Inc. at the bid price of $1.36/pound (Bid No. 0506-2) (City Manager) D. Authorize the City Manager to sign a contract with the Tennis Instructor, Brecht Catalan, for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Beach Athletic Association (ABAA) for use of Russell Park baseball fields and concession stand (City Manager) E. Extend Contract for one year at current prices with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for the Public Works/Utilities Department (City Manager) Mayor Wolfson requested that Item 4D be pulled for discussion and Commissioner Borno asked that Item 4C be pulled for comments. Motion: Approve Consent Agenda Items A, B, and E as presented. Moved by Waters, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno commended City staff on the manner in which Item 4C was presented to the Commission. Motion: Accept Consent Agenda Item 4C as submitted. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson stated his concern with the Atlantic Beach Athletic Association contract presented in Item 4D. He requested that Item 4 of the contract, referring to the Exclusive Use Dates and Times, be modified so that instead of reading "... (and other times as requested)", it would state more specifically, "...and other times as requested and approved by staff for purposes as relating to baseball, softball, and tee ball programs." January 23, 2006 REGULAR COMMISSION MEETING Page 4 Motion: To amend the Atlantic Beach Athletic Association contract in Consent Agenda Item 4D to read as stated above. Moved by Wolfson, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno discussed the insurance coverage presented for the contracts in Item 4D. He indicated the need to receive a certificate for the insurance covering the contract with the tennis instructor and also the need for the City to be additionally insured for this contract. He also pointed out that the other two liability insurance certificates presented are due to expire soon and noted the need for the City to ensure that they are renewed appropriately. Commissioner Borno inquired about the lack of an audit from the tennis instructor. Timmy Johnson, Parks and Recreation Director, explained that the tennis instructor was recommended by the City's previous instructor but this is his first contract and therefore there is no financial statement for him to submit. Motion: Accept and authorize the City Manager to sign the contracts in Consent Agenda Item 4D as amended. Moved by Borno, seconded by Simmons 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 NO: 06-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION Commissioner Simmons noted that the additional information regarding the issues in the resolution were very helpful in her decision on this item. Motion: To approve Resolution No. 06-01 as presented. January 23, 2006 REGULAR COMMISSION MEETING Page 5 Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 5-06-45, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Commissioner Borno thanked the staff for their input on this item and believed the CPI -U is a good indicator to use in calculating the pay raises. Commissioner Waters again questioned the way the Mayor's salary is calculated as compared to the Commissioners'. He stated that they are all Commissioners and thus should receive the same base pay, with the Mayor receiving a differential of $4000 for his additional duties. He suggested that the salary base and raises for the Mayor be calculated the same as the other Commissioners and then the $4000 differential be added to that for the Mayor's salary. The Mayor inquired where the $10,000 and $6,000 base salary figures are established and structured. Discussion ensued regarding the origination and intention of the base salary figures. It was agreed that there was no documentation supporting that the Mayor's salary was to be calculated by adding a differential to the same base salary of the Commissioners. The Commission discussed the salary increases further and the City Manager provided further background information and clarification on the subject. Motion: To approve Ordinance No. 5-06-45 as presented on first reading. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 20-06-74, 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 January 23, 2006 REGULAR COMMISSION MEETING Page 6 The Mayor read the ordinance by its title and opened the floor to a public hearing. There were no comments from the public. The Mayor closed the public hearing and brought the item before the Commission for discussion. Commissioner Fletcher brought up concerns expressed from Oceanwalk residents relating to opening up the east side of Hanna Park in order to allow the proposed bikeway to connect with Seminole Road. He discussed the public input which had been received previously on this issue. Commissioner Waters apologized for the confusion and reported that the bikeway project was discussed during the previous Commission's strategic planning sessions and was never approved or implemented by that Commission as a complete plan. He indicated that the City intended for the bike path on Seminole Road to stop at the north end of the road and they did not endorse opening up Hanna Park for its continuation from there. Commissioner Borno further clarified that the previous Commission used the project as a means to assist with prioritizing the various paths desired throughout the City. He believed the current Commission should follow that lead. Commissioner Simmons expressed a need for the current Commission to understand the plan and prioritization presented by the previous Commission. She indicated that parts of the plan may no longer be appropriate due to the increase in construction costs and the changes in usage in those areas. She strongly suggested that the new Commission review the plan and its background before making a budget decision regarding it. Discussion ensued and the City Manager provided pertinent details to assist in clarifying the issue for the Commission. Mayor Wolfson reiterated that this item before them has no impact on opening up Hanna Park for the ped paths. Motion: To approve Ordinance No. 20-06-74 on final reading. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from DRMP, Inc. on behalf of Dunkin Brands, Inc. for a Waiver from Section 24-111 (b) of the Land Development .January 23, 2006 REGULAR COMMISSION MEETING Page 7 Regulations (the Commercial General District regulations) to allow a Permitted Use (a Dunkin' Donuts restaurant) to have late hours of operation for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard. Also included is a request for a Use -by -Exception to allow a drive- {` through service (City Manager) The Mayor opened the floor for a public hearing and asked Mr. Jon Jones to come forward and address the Commission on this issue at this time. Jon Jones, 2280 Shepard Street, Jacksonville, stated he works for Dunkin' Brands, Inc. and was present at the meeting to answer any questions from the Commission regarding the business' late night operations or the drive-through service. He noted that representatives from the company's engineering firm were also available to provide any necessary information. There were no other public comments and the Mayor closed the public hearing. Sonya Doerr, Director of Planning and Zoning, noted that this item was comprised of two requests, one for a waiver in order to operate late-night hours and the other for a Use by Exception to allow a drive through service. She further explained that waiver requests come directly to the Commission and that the Use -By -Exception was referred to the Commission with a recommendation for approval from the Community Development Board. Mayor Wolfson asked if the Commission received the Community Development Board's recommendation in writing. Ms. Doerr explained that the item came before the Community Development Board at their meeting the night before the agenda packets were delivered to the Commissioners. Thus, she stated, the Community Development Board's recommendation was sent separately to the Commissioners the day after they received their agendas. Mayor Wolfson inquired into the review process of the business' signage, lighting, and landscaping. Ms. Doerr responded that the signage and lighting would be required to comply with the City's regulations for those items. Motion: To approve a Waiver from Section 24-111(b) of the Land Development Regulations to allow a Dunkin' Donuts restaurant to have 24-hour business operations for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard, finding that the requested waiver conforms to the intent and spirit of the Land Development Regulations AND to approve a Use by Exception to allow a permitted use, Dunkin' Donuts, to have a drive through service with lanes dedicated solely to drive-through business at same site. ,January 23, 2006 REGULAR COMMISSION MEETING Page 8 Commissioner Borno expressed initial concern with the late hours and the isolation of the business potentially causing security problems. However, he noted there were other late-night operations in close proximity to this location and thus he supported the request as submitted. 11 Commissioner Simmons reported that she attended the Community Development Board meeting during which this item was reviewed. She asked Chief David Thompson, Director of Public Safety, for information regarding the accident rates and traffic patterns at that intersection. Chief Thompson provided some data on the traffic in that area and acknowledged that they could not predict what changes would result from an increase in traffic at that site. He noted that they would monitor the situation and make adjustments or changes as necessary. Commissioner Waters asked if the owner intended this business to be a commercial venture for shipping their products to other areas. Ms. Danielle Mayoros, Planning Director of DRMP, Inc., 3611-14 St. Johns Bluff Rd Jacksonville, responded on behalf of Dunkin Brands, Inc., that the business would not be a distribution center and would operate as a local coffee/donut shop for on-site consumption of their goods. Commissioner Fletcher asked Chief Thompson for information regarding crime around 24-hour businesses. Chief Thompson responded and discussed the various ways to minimize the amount of criminal activity at these types of locations. At the request of Commissioner Fletcher, Ms. Doerr confirmed that the Community Development Board's recommendation for approval was unanimous. Commissioner Fletcher asked for statistics and data regarding the traffic pattern associated with the business. On behalf of Dunkin' Brands, Inc., Karen Rafferty and Jon Jones responded to his inquiries, providing information on the average number of customers and the peak times for business. Mayor Wolfson inquired how this proposed store would compare to the footprint of the Dunkin' Donuts located at Beach Boulevard and Highway 9A. Mr. Jones explained that the other building is older and the operation there does not include producing the donuts. Mayor Wolfson expressed his concern with the proposed business being a 360 -degree site that may have some unsightly areas to it that would be unattractive as seen from all angles around it. Ms. Rafferty responded that the proposed building is a prototype of the 360 -degree style and is comprised of different architectural approaches and quality standards which present an improvement in its physical appearance and site maintenance. Commissioner Waters commented on the proposed entrance and exits for the business. ,Tanuary 23, 2006 REGULAR COMMISSION MEETING Page 9 Commissioner Borno discussed the number of parking spaces, the number of seats available inside, and the traffic flow of the single -window drive- through service. Moved by Borno, seconded by Simmons Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED B. Request from City of St. Augustine for Resolution of Support for state funding for historic properties (City Manager) City Manager Hanson reported that they received this request for the Commission to adopt a resolution in support of St. Augustine's request for state funds to help them maintain historic structures within their city. He advised that, at the direction of the Commission, staff can prepare a resolution for consideration at the next Commission meeting. Motion: To direct staff to prepare a formal resolution supporting maintaining St. Augustine's heritage program. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Letter from Mel Martinez dated November 18, 2005 (Mayor Pro Tem Waters) Commissioner Waters reiterated the concerns the City has regarding the Broadband Investment and Consumer Choice Act. He indicated that the legislature could result in the City losing revenue and losing control over its own right-of-way properties. He stated that the letter received from Senator Mel Martinez was unacceptable as a response to City Manager Hanson's letter addressing the City's concerns with the bill. Commissioner Waters recommended that the Commission, as the elected officials of the City, send a letter to the Senator reiterating their stance on the issue and expressing their displeasure with the lack of consideration or attention given to the City Manager's letter. Mayor Wolfson asked the City Manager how the bill would impact the community if passed. City Manager Hanson discussed the bill's potential tremendous impact of severely reducing the amount of franchise fees received by the City, and thus possibly increasing property taxes. He also City Manager January 23, 2006 REGULAR COMMISSION MEETING Page 10 noted that, if the bill was passed, the City would no longer be able to broker with cable companies to maintain a standard level of customer service. The Mayor asked if the City Manager has received any response from the Florida League of Cities. City Manager Hanson noted that the FLC had initially urged the cities to send the letter. The City Manager agreed with Commissioner Water's opinion regarding the response received from Senator Martinez. He believed that perhaps elected officials respond better to communications from other elected officials rather than from staff. Both Commissioner Borno and Commissioner Simmons concurred with the belief that Senator Martinez's response was a standard form letter and not a personal response to their concerns. The Mayor recommended that the Commission send a letter to the senators, representatives, and copy all the mayors in Duval County as well. Commissioner Borno concurred and also suggested sending a copy to the Florida League of Cities and the National League of Cities in order to generate more support. It was the consensus of the Commission to ask staff to draft a letter from all the Commissioners and bring it back at the next meeting. 9. City Manager A. City Manager's Report City Manager Jim Hanson reported on the following issues: Strategic Planning Workshops He announced that a third Strategic Planning workshop was scheduled for February 15`h, 5:00-9:00 p.m. He noted that the City has a lengthy list of topics to prioritize. He reminded the Commission that the first two Strategic Planning workshops were set for February ls` and 2nd Community Character Workshops He reminded the Commission that they had authorized him to sign off on the Community Character project contract with Winter and Company. He announced that scope of the project was finalized after the agenda packets were sent and thus were emailed to the Commissioners and distributed at their seats tonight. This document is attached and made part of this official record as Attachment A. He asked the Commission if they would like for him to proceed with signing the contract. Reports/Requests City Commissioners City Attorney January 23, 2006 REGULAR COMMISSION MEETING Page 11 Commissioner Simmons clarified the number of times the consultant will visit the City. She expressed great satisfaction that all of the meetings have been scheduled and that the process is continuing to move forward. It was the consensus of the Commission that the City Manager proceed with executing the contract with Winter and Company. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Jensen ❖ Requested a shade meeting to discuss the two lawsuits filed against the City by Ms. Lindley Tolbert. He announced that the following morning, he and the City Manager will discuss a date for the shade meeting and will contact the Commission. He would like to schedule the meeting as soon as possible, preferably next week. ❖ Noted that he was asked to look into the procedure for establishing campaign contribution limits for the city's municipal elections. He referred the Commission to a copy he provided of the Florida Attorney General's opinion on the matter. This document is attached and made part of this official record as Attachment B. He explained that state law has established contribution limits per individual and corporation and preempts the municipalities from enacting any separate legislation on the issue. Commissioner Waters did not believe the state law worked in favor of municipal needs and noted that municipalities ought to be able to regulate municipal elections. He inquired about the procedure for changing those laws and asked that the City Attorney directly contact the Attorney General for his advice on the issue. He mentioned approaching Senator King at the beaches cities' meeting in May. The Mayor suggested that a visit to Tallahassee would also provide a good opportunity for a discussion with elected officials on the matter. Commissioner Simmons ❖ Reported that she attended the most recent Community Development Board meeting and noted there were a number of vocal citizens present expressing opposition to issues. She stated that she does not accept money or endorsements from special interest groups, but in her contact with a number of groups last week, she remarked that there are many people in the community who believe the Commission is moving in the right direction with their actions. ,January 23, 2006 REGULAR COMMISSION MEETING Page 12 Mayor Wolfson ❖ Announced that a citizen's volunteer group has approached him with a request to use private funds to purchase and donate a clock to the City for the Five Points intersection. He asked the Commission for their reaction to this request. Commissioner Simmons reiterated her belief that installing a clock at that intersection could create a safety problem with traffic. Mayor Wolfson stated he is opposed to utilizing public funds for this purchase but will ask the citizen group if they would like to present their idea to the Commission. ❖ Expressed great concern with City of Jacksonville Resolution #2006-117 being proposed by City Councilor Alvarez. He described the contents of the resolution as very alarming and noted the need to address it carefully. Mayor Wolfson expressed disappointment with the manner in which City Councilor Alvarez approached this and disagreed with the statement from Jacksonville's Attorney General that the interlocal agreement among the county and the three beach cities has no expiration date and could be cancelled at any time. Mayor Wolfson reported that he has had discussions with Mayor Brown and Mayor Sharp regarding this issue. He stated that the mayors of the three beach cities are drafting a response letter and will be meeting with Jacksonville Mayor Peyton this week. Mayor Wolfson asked City Attorney Jensen to advise the Commission on how they should proceed. City Attorney Jensen announced that he spoke with Jacksonville's Attorney, Steve Rohan, last week and asked that Attorney Rohan provide the law supporting his statement regarding cancellation of the agreement. City Attorney Jensen believed that the interlocal agreement remains in effect until a new agreement is accepted. He noted that Attorney Rohan indicated that the City of Jacksonville wanted to review the agreement and receive information and feedback regarding any changes that have occurred over the last ten years. City Attorney Jensen recommended that the City follow the issue and stay informed with the City of Jacksonville's intentions, while maintaining a united front with the other beach cities. Mayor Wolfson believed it would be in the City's best interest to continue this interlocal agreement. However, he indicated that if it was pursued, there were areas of the agreement that the City of Atlantic Beach could consider changing to its advantage. He discussed looking at the amount of property taxes contributed to the county by the beaches and the possibility of annexing property that is currently under jurisdiction of the City of Jacksonville. He indicated this could be an opportunity to assist other citizens by bringing them into Atlantic Beach, as some of them have requested. January 23, 2006 REGULAR COMMISSION MEETING Page 13 Commissioner Waters suggested that if the agreement was renegotiated, the City should also re-examine the costs paid to the county for providing Atlantic Beach with fire and rescue services., Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:17 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk MINUTES OF THE SHADE MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT 5:00 PM ON MONDAY, JANUARY 30, 2006. PRESENT: Donald M. Wolfson, Mayor Dezmond Waters, Mayor Pro Tem Mike Bomo, City Commissioner Jamie Fletcher, City Commissioner Sylvia Simmons, City Commissioner ALSO Jim Hanson, City Manager Alan Jensen, City Attorney Marcia Tjoflat, Legal Counsel Charles Gibbs, Legal Counsel Court Reporter The Mayor called the meeting to order in the Commission Chambers and explained that the meeting was being held for the purpose of discussing pending litigation involving a Suit for Declaratory Injunctive and Other Relief and a Petition for Writ of Certiorari from Lindley Tolbert Design, Inc. vs. City of Atlantic Beach, Florida and that, pursuant to Florida law, such discussions were not open to the public. The Mayor announced that the estimated time of the meeting would be one hour and read the names of the attendees. The meeting convened to the shade in City Hall Conference Room. Following the shade meeting, the meeting reconvened to the sunshine in the Commission Chambers. There being no further business to come before the City Commission, on motion, second and unanimous vote, the Mayor declared the meeting adjourned at 6:53PM. Donald M. Wolfson Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk Note: A written verbatim transcript of the proceedings will be received and will be retained in a confidential manner until it becomes public record as provided by law. AGENDA ITEM #3A FEBRUARY 13, 2006 February 6, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans City Manager SUBJECT: Follow-up ' eport Richardson Lane; A proposal was presented at the last city commission meeting to make Richardson Lane a one-way street because of the narrowness of the paving and related problems. City staff was directed to meet with area residents to determine if they would support such a change. On January 24th, the Public Works Director held a community meeting at the Jordan Park Community Center for residents of Ardella Road and Richardson Lane to discuss the proposal. All residents and property owners on the affected streets were notified of the meeting by a letter. In addition, Ms. Elsie Thomas of 1968 Francis Street contacted a number of the residents in person to let them know about the meeting. Eight residents (out of 24) attended the meeting along with one business owner (out of four). The attendees were universally opposed to the one-way conversion of their street. Their major reason was they wanted to avoid driving on Mayport Road. Several residents who were unable to attend the meeting also told Ms. Thomas that they were opposed to any change. Based upon the input from the citizens on these streets, it is recommended that the city keep this street for two-way traffic and abandon any idea of designating it as one-way. Monthly Dinner for Northeast Florida League of Cities; Staff was asked in a recent commission meeting to check with the other beach cities to see if they would be willing to co-sponsor one of the monthly dinners for the Northeast Florida League of Cities. It was reported later that both Jacksonville Beach and Neptune Beach officials had agreed to co-sponsor the dinner and that it was scheduled for Thursday, May 18th. Because of the relatively large number of the group (125 +), there are few locations at the beach available. The Sea Turtle Inn has now been selected for this dinner in May. The event will take place on the Veranda. Invitations for the event will be sent out by the Northeast Florida League of Cities staff approximately one month before the event. AGENDA ITEM #4A FEBRUARY 13, 2006 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 01/31/06 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. FDOT approved alternate section with 13' median. Survey and design are in progress. Public meeting (30% design review) was held on 12/12/05. Bike path to be built by Gruhn May. Estimated completion 03/31/06. Bridge RFP being prepared. Construction underway. Estimated completion 02/15/06. Commission extended contract with Access Ltd. for additional work on 10/25/04. Preconstruction meeting held 11/16/04. Adele Grage completed. Gates, software and hardware installed at Public Works, WWTP #1 and #2, and WP #4. Completing programming. Debugging. Need to fmish installation at City Hall. Additional work scheduled for Commission Chambers and City Hall. Bids received 5/25/05. Commission awarded to John Woody, Inc. on 6/13/05. Preconstruction conference held 6/21/05. Notice to proceed 7/11/05. Construction complete, and all final paperwork submitted 01/30/06. Paving issues resolved. PROJECT NO. AND INFORMATION (D) = Camp, Dresser & McKee (CDM) (D) = GAI Consultants, Inc. (D) = Public Works (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Connelly & Wicker, Inc. (CE&I) = Public Works (C) = Gruhn May, Inc. (D) = Access Ltd. (C) = Access Ltd. (CE&I) = Public Utilities & Information Technology (D) = Public Works (C) = John Woody, Inc. (CE&I) = Public Works PROJECT DESCRIPTION Hopkins Creek Regional Retention Facility Design = 30% Construction = 0% Mayport Medians Design = 30% Construction = 0% Bike Path on Plaza (Parkside Dr. to Seminole Rd.) Design = 100% Construction = 0% Bike Path on Seminole (Garden Lane to Oceanforest Dr. N.) Design = 100% Construction = 30% Security Upgrades at WWTP's, WP4, Adele Grage & City Hall Design = 100% Construction =99% %00[ = uotlondisuo,' %00I = ugisaa 071 —,s01 urgAi 1atem .aAy gouag r. N t*i d' to 11::, AGENDA ITEM #4A FEBRUARY 13, 2 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 01/31/06 Callaway Contracting has completed hardscape construction. Landscaping complete. Decorative lighting to be completed by April of 2006. Design complete. Contract awarded to Callaway Contracting. Construction underway. COAB right-of-way construction complete. U.S. Post Office construction awaiting additional funding. Estimated start date is late Spring. Construction complete. Construction complete. DEP permit received 01/03/06. Navy soliciting contractors. PROJECT NO. AND INFORMATION (D) = HDR Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Bowen Civil Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Public Works (ROW) and Transystems Corp. (USPS) (C) = R&B Contracting (CE&I) = Public Works (C) = Hager Construction Co. (CE&I) = Public Works (C) = Hager Construction Co. (CE&I) = Public Works (D) = Reynolds, Smith & Hill PROJECT DESCRIPTION 5 Points Intersection Improvements Design = 100% Construction = 90% Ocean & 13th Drainage Improvements Design = 100% Construction = 0% Plaza Road Post Office Entrance Modifications Design = 100% Construction = 100% West Plaza Multipurpose Path Project Design = 100% Construction =100% West 3rd Street Sidewalk Project Design = 100% Construction = 100% Ribault Bay Water System Upgrades (Navy Project) Design = 100% Construction = l"--- 00 ON O .-+ - N 1--- PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 01/31/06 Awarded by Commission 10/24/05. Purchase order issued, ordering equipment. Conractor performed site visits to verify genset location and set up. Awaiting equipment delivery. Prequalification packages due 02/09/06. Pre-bid meeting scheduled for 02/16/06. Advertised Requests for Proposals on 10/30/05. Proposals received 11/30/05. Commission authorized staff to negotiate contract on 01/09/06. Bids due 02/22/06. Pre-bid meeting scheduled for 02/09/06. PROJECT NO. AND INFORMATION (C) = Ring Power (CE&I) = Public Utilities (D) = CH2M Hill and Public Works (CE&I) = Public Works (D) = Applied Technology & Management (D) = Public Utilities & HGTI (Howie Greene Tank Inspection) (C) = PROJECT DESCRIPTION Gensets at Water Plant # 3 (902 Assisi Lane), and Lift Station "B" (425 11t Street) Water Main Replacement at Sailfish Drive and Plaza Design = 100% Construction = 0% Sewer Master Plan Update Design = 0% Elevated Tank Maintenance at Water Plant #1 M d" Vl '.D AGENDA ITEM #4A FEBRUARY 13, 2006 AGENDA ITEM #4A FEBRUARY 13, 2006 City of Atlantic Beach, FI. Utility Sales Report Water Sales Atlantic Beach Buccaneer Total Water Sales January 2006 Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gl 5,564 2,689 39,222 $96,178 23,638 $60,872 $2.45 $2.58 8,253 62,860 $157,050 $2.50 Water Plant Production Atlantic Beach Buccaneer Total Production Total Water Billed Water Loss for month: Percentage Loss Total 12 mo. Avg. Loss Sewer Sales Atlantic Beach Buccaneer Total Sewer Sales Sewer Treatment January 2005 Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gl 5,478 2,651 45,536 $107,505 24,479 $64,448 $2.36 $2.63 8,129 70,015 $171,953 $2.46 Gallons (000) 50,164 20,980 71,144 62,860 8,284 11.64% 9.86% Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gl 32,344 $149,107 22,880 $123,223 7,597 55,224 $272,330 $4.93 Gallons (000) 57,480 22,325 79,805 70,015 9,790 12.27% 12.26% Gallons Actual Revenue Accounts (000) Revenue Per 1,000 gl 4,930 2,535 36,072 $157,800 23,299 $126,005 4.37 5.41 7,465 59,371 $283,805 $4.78 Millions of Gallons Rev. •er 1,000 Gallons 68.05 $4.00 $4.15 ,-41)) mw \ m Ha 0OU 004 m \ m H •• W 0 m 400a 0404 max 00Q a 0 Z >.N0 HC� a U>>'0 4x0 00 °w 4 W00 UWU azo W aW 3 W z m o •u . 0 H O1 CQ o o \ •. 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FmZ EE a404 r«z0 HF4 .rzZ�� HF4 •000 a s. Q o H 0 ( H 00 ' H U m 4 04-401 0401 4.m4 m 40 40 0 06-06428 06-06418 06-06419 4 04 N \H 0 H m F m F • H N 4 N 4 45m MM 4 W m W 0w - a w a 0�°0 01.0 01010 W304 34 34 HCWA W�00 WQa Z 40 arSU 440 0 F H 0 0 1' Z Z Hz oma xma aID 0dm'401' haIr)Q FL 32233 06-06424 06-06426 06-06427 904-249-7452 men N ATLANTIC BEACH FL 912-571-8748 FL 32233 U W W u z H DESIGNS, FL 32233 0 MZU m a W .-1001 ow W DQC�;H 204 01 zFz Z 0 a -404' 4044 06-06421 FL 32233 0010 HfH m W F 0aa £ a 4 06-06417 904-370-4307 7/STONE COVERINGS: BEACH FL H 0 H U,z70F wFa 01 W a 3 Cao 00Q 0. 3 W W Z gH 0za 1 0010 0040 M4 a Q4 >.N HH 0 W> 004 04 01' 004 W rfx.H m>U 047..4, 0400 H H m 52/:CIO W N O W O \o0 \010 \Ck'+ ',7---1H H N H m 1D 40).-4 NORTH, JACKSONVILLE AGENDA ITEM #4A FEBRUARY 13, 2006 SERVICES/CONSULTANT BEACH FL 32233 E m N 0� ua H W w 004 1°x0 01014 PH q4'4 o 44 £ N 4 06-06425 FL 32233 06-06431 m m m m N N NN N H m m W Hz w a H000 010 • 01 4 0414 mw Zaw CA HO0 ma 0H ZOO W W H x� H oma w4D.a 4,N 4 (001-14 06-06422 06-06420 0040001-4 <04-41004.-:) a 00000.0 00000*. <04-1004.-:) 0 0 a u0Zo0H 40.01>aa CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sewer Master Plan Update RFP No. 06-1 SUBMITTED BY: Donna Kaluzniak, Utility Direct DATE: February 2, 2006 AGENDA ITEM #4B FEBRUARY 13, 2006 BACKGROUND: An update of the City's Sewer Master Plan was budgeted, to include an analysis of the best method for meeting the Total Maximum Daily Load (TMDL) requirements for nitrogen at the City's two wastewater treatment plants. In addition, the Master Plan will address the City's sewer collection system, lift stations, and report preparation for permit renewal at Wastewater Plant No. 1. A fmal updated Master Plan and Capital Improvement Program will be delivered upon project completion. On January 9, 2006, the City Commission authorized staff to negotiate a contract with the top ranked engineering firm, Applied Technology & Management, Inc. (ATM). As part of the negotiation process, ATM met with staff, completed site visits of the treatment plants, and discussed the amount of documentation and data that the City would be able to provide. Staff has negotiated a contract price of $114,200 for the Sewer Master Plan Update. BUDGET: A total of $130,000 was budgeted for the Sewer Master Plan Update, TMDL engineering, and the Permit Renewal Studies for Wastewater Plant No. 1 under account nos. 410- 5506-535-3100 and 410-5508-535-3100. RECOMMENDATION: Award a contract for the Sewer Master Plan Update to Applied Technology & Management, Inc. in the amount of $114,200, and authorize the City Manager to sign the contract. ATTACHMENTS: 1. Proposal from ATM dated February 2, 2006. REVIEWED BY CITY MANAGER: AGENDA ITEM #4B FEBRUARY 13, 2006 APPLIED TECHNOLOGY & MANAGEMENT, INC. PROPOSAL FOR Fi;NGIN H',N,RING CONSULTING S FH:RVICE S ATLANTIC BEACH, FLORIDA PREPARED BY: APPLIED TECHNOLOGY & MANAGEMENT, INC. (ATM) FOR: DONNA KALUZNIAK FEBRUARY2, 2006 AGENDA ITEM #4B FEBRUARY 13, 2006 PROPOSAL FOR ENGINEERING CONSULTING SERVICES ATLANTIC BEACH, FLORIDA INTRODUCTION Applied Technology & Management, Inc. (ATM) is pleased to submit this proposal for engineering services to update the City's 2006 Sewer Master Plan (SMP) and 10 -Year Capital Improvement Plan (CIP) for wastewater treatment and collection associated with the City's Request for Proposals (RFP) #06-1. The projects associated with the City's RFP are divided into two phases. Phase 1 involves updating the SMP and the CIP. The previous CIP was completed in 2000 and only included an evaluation of the sewer collection system. With the anticipated Total Maximum Daily Load (TMDL) requirements for the City's wastewater effluent discharge to the St. Johns River, the 2006 SMP update will include an evaluation of the wastewater treatment facilities and planning level update to the CIP for addressing TMDL issues. Additionally, the City requests an evaluation of their sludge handling process and recommendations for any additional improvements to wastewater treatment. Phase 2 involves the permit renewal of Wastewater Treatment Plant (WWTP) No. 1. This will include completing and updating the reports required by FDEP for permit renewal. Based upon our understanding of the project goals, ATM proposes the following scope of services. 1 AGENDA ITEM #4B FEBRUARY 13, 2006 SCOPE OF SERVICES PHASE 1- UPDATED SEWER MASTER PLAN AND CIP To develop the Updated SMP, the ATM Project Team will break the overall task into sub -tasks with individual Technical Memorandum (TM) deliverables. The TMs allow the City to review and comment on ATM's progress as portions of the overall task are completed. The TMs will provide the City with the general budgetary information necessary for their project budgeting estimates, which we understand will be due in April 2006. We recommend that these TMs serve as the 60% submittal described in the City's RFP. The 90% SMP submittal will be the compiled version of the SMP, which will be in the form of the final Master Plan. After addressing the City's 90% comments, ATM will submit ten hard copies and one digital copy of the final Master Plan. Prior to beginning the project, we propose to conduct a project kick-off meeting with the City. The goal of the meeting will be to provide general information and introductions between ATM team members and the City staff. Following our meeting, ATM will issue a request for historical documents to support development of the SMP. Additionally, we ask that the City identify the staff that will be our direct contacts for the various tasks associated with this project. At the kick-off meeting, we will begin developing the decision matrix which will be used to prioritize projects associated with the SMP. ATM will issue a document summarizing the meeting minutes and a draft of the decision matrix we develop. Following receipt of the City's comments, the formal matrix will be developed and submitted to the City for final review. Subsequent to the project kick-off meeting, project meetings will be held at approximately monthly intervals. 2 AGENDA ITEM #4B FEBRUARY 13, 2006 Phase 1.1— WWTP EVALUATION Task 1.1.1— WWTP TMDL Evaluation The City of Atlantic Beach owns and operates two wastewater treatment facilities (WWTFs), identified as Plant No. 1 (1100 Sandpiper Lane) and Plant No. 2 (739 Renault). Each of the facilities discharges to the St. Johns River. Secondary treatment is currently required at these facilities, which will likely change due to anticipated regulatory requirements. The objective of this project will be to identify the most economical options available to the City to meet these future regulatory requirements. Facility Inspection and Data Review - This task will begin with an initial site visit to each facility and a review of existing information to establish alternative concepts for upgrade and expansion. Information that will be required for review may include, but will not necessarily be limited to, the following: • Legal description and boundary survey of each site • Copies of previous reports, master plans, permit applications, design documents, record drawings, and other information relevant to prior work at each facility • Operating data for each facility, including process control data and monthly operating reports submitted to FDEP • Record construction documents, operations and maintenance data, and regulatory correspondence Wastewater Characterization — The ATM Project Team will assist in obtaining wastewater data that the City maintains in conformance with their operating permits. Additional wastewater characterization is recommended in the future, but will not be performed at this time. Process Modeling - Using current influent flows and wastewater characterization data developed above, a static wastewater process model using BioWin® will be developed. ATM's proposed effort is strictly planning level in nature and will require a more rigorous analysis during the design of any identified improvements. 3 AGENDA ITEM #4B FEBRUARY 13, 2006 Hydraulic Modeling - The existing hydraulic profile will be reviewed to identify any restrictions that may be considered for obtaining future capacity. This effort will result in a recommended approach for further hydraulic analysis. Identify Options for Meeting Future Goals - It is envisioned that these facilities will be evaluated with the intention of meeting three treatment levels as follows: • Optimize the Current Facilities and Maximize Nutrient Removal • Meet above performance but provide effluent filtration • Meet advanced wastewater treatment standards The completion of this task will rely heavily on the regulatory changes anticipated from FDEP. Therefore, as part of this task, discussions will be held with FDEP to identify any specific constraints that exist. Options for consideration will be developed at this time, and this proposal is based on developing cost estimates for three major process options. Evaluate Options — For each of the identified options, a proposed plan and associated costs will be developed for consideration. Planning level costs will include capital costs and annual costs (ie, electrical power, chemical, labor, etc.). Task 1.1.2 — Sludge Evaluation The ATM Project Team will conduct a general evaluation of the City's existing sludge handling facilities. This will include discussions with operations staff to confirm that the current practice meets toxicity and paint filter tests required for acceptance of the sludge by the landfill. Since future sludge production quantities may vary based on population growth and the treatment method chosen to address the TMDL, ATM will determine the facility's capacity for treating future sludge quantities on a percentage of excess capacity basis. Our analysis will include a general cost comparison of the existing system and an alternative system, likely a sludge belt press. 4 AGENDA ITEM #4B FEBRUARY 13, 2006 Based on our discussions with the City, we understand that a general analysis is preferred to a full engineering report. As such, background information will be obtained from operations staff and previous reports. The findings of this general analysis will be issued in a short (approximately 2 page) TM for inclusion in the SMP. Task 1.1.3 — WWTP Recommendations This Task focuses on identification of upgrades and modifications that may be necessary at the WWTP's due to equipment condition, regulatory changes, and efficiency reviews. During site visits for previous tasks, major process components that may require replacement within the next 10 years will be identified. The ATM Project Team will identify expenditures that are required, but may not be associated with process improvements. The developed replacement plan will be in addition to improvements necessary to accommodate future growth or future effluent disposal requirements. The replacement plan will provide budgetary information for the CIP and will be developed using planning level cost estimates. Phase 1.2 — SEWER SYSTEM EVALUATION Task 1.2.1 Pump Station Evaluation Atlantic Beach has added three new pump stations since the 2000 SMP, for a total of 31. ATM proposes to visit all of the pump stations for a visual condition assessment. During the site visits, ATM will interview maintenance personnel to identify any ongoing operational issues. ATM's proposal is based on the majority of the stations being in good working condition. We have allotted additional time to visit select (up to ten) stations that may require a more thorough assessment due to their poor condition or operational issues. ATM's proposal is based on the majority of the stations operating as described in the 2000 SMP or as designed if they were added after the SMP. ATM's pump station evaluation will identify general improvements necessary to maintain functionality and regulatory compliance. The assessment will consist of visual observations and anecdotal information provided by the City. Mechanical inspection and evaluation of components is not expected as part of this project. 5 AGENDA ITEM #4B FEBRUARY 13, 2006 To conduct this evaluation, a member of the ATM Project Team will visit the selected pump stations with a designated City staff member. To gain comprehensive understanding of the system and any issues, we recommend that the City assign a staff member with hands-on knowledge of the pump stations and their operation. ATM will develop an evaluation information sheet that identifies specific criteria, equipment information, and condition rankings that will be completed for each site. These sheets will form an Appendix in the SMP and will provide baseline data for future inspections. ATM's proposal is based on the following technical data for each station being readily available: • Current equipment information ATM will issue a TM to the City which summarizes the findings of the pump station assessments. Necessary rehabilitation projects will be identified and prioritized in the TM, which will be structured for future inclusion in the SMP. Task 1.2.2 — Inflow & Infiltration Evaluation This general work effort will include an evaluation of city records and plans, staff interviews, field investigations and review of the previous SMP to determine the specific sewer areas that contain defects and/or contribute inflow and infiltration (I&I) to the city sewer system. The rehabilitation program will include the development of repair or new construction alternatives and associated costs. This program and associated improvements will assist in the reduction of I&I flow that overloads the wastewater collection system and wastewater treatment plant. The identified improvements for the sewer system will be intended to reduce the potential for cave-ins, overflows, point repairs and blockages and to help minimize the City's emergency repairs. This task includes the following items: • Review of existing as -built drawings, television logs, manhole inspection reports, and lift station pump data and records • Interviews with long term City operations and maintenance personnel to determine trends, types, age, and locations of problems. 6 AGENDA ITEM #4B FEBRUARY 13, 2006 • Review of previous SSES, I&I reports, SMP, etc. • Review of wastewater treatment records to determine base daily and peak flows • Review of sanitary sewer system overflow records, cave-ins, blockages, and cleaning (jetting of lines) • Limited onsite inspections of manholes and gravity sewers to verify conditions • Identification of location of problem areas, such as pipe failures, flooding of manhole tops, frequent point repairs of sewers, overflows, etc. ATM's proposal and plan for evaluation is based on City staff providing valuable assistance in identifying the most problematic areas. A gross assessment of I&I will be developed for each collection system, based on a flowrates at each treatment plant. ATM proposes to focus on investigation of necessary rehabilitation projects in the areas identified by City staff and the unimproved areas identified in the 2000 SMP. If more comprehensive assessments are necessary, such as smoke testing of pipelines and service laterals, ATM will notify the City. ATM will issue a TM to the City which summarizes the findings of our evaluation and identifies the capital costs associated with the rehabilitation projects. Necessary projects will be identified and prioritized in the TM, based on the matrix developed with the City. Task 1.2.3 - Update Documents Using a combination of data gathered in previous tasks and data directly provided by the City for this task, ATM will update the following Atlantic Beach documents with current information: • Schematic pumping diagram in AutoCAD • Pump station equipment lists will be updated for new or modified pump stations — up to ten stations total. • Pumping capacities will be updated for new or modified pump stations — up to ten stations total ATM's proposal is based on previous documents being electronically available for our use and only requiring updating. We will request these items prior to beginning field investigation of the above tasks. 7 AGENDA ITEM #4B FEBRUARY 13, 2006 Task 1.3 — MASTER PLAN UPDATE & 10 -YEAR CAPITAL IMPROVEMENT PLAN Using information from the previous SMP and the data gathered in previous tasks, ATM will update the Sewer Master Plan and 10 -Year Capital Improvement Plan based on the City's anticipated 10 -year needs. The SMP and CIP will document the necessary planning and engineering work that will be required to accommodate the anticipated TMDL and will provide a recommended approach to maintain the level of service identified by the City over the next 10 -year period. The SMP will provide an assessment of existing facilities and will address current and expected deficiencies in the system. It will include population projections, and recommendations for expanded, upgraded or new treatment and collection facilities necessary during the planning period. Cost estimates and project scheduling will be provided for the proposed capital improvements. The SMP will include the following sections: Executive Summay — The executive summary will summarize the findings and recommendations in the SMP. Introduction— The introduction will provide the basis for the SMP. It will contain background information on the City and its facilities, discussion on issues facing the sewer system, and a description of the scope and intent of the SMP. Existing Sewer System — This section will describe the City's existing facilities. It will be divided into sub sections for the two WWTPs and collection systems. ATM's proposal is based on the City providing the following maps/figures for inclusion in the SMP: • Service area map • Sewer collection system map • Current and future land use maps 8 AGENDA ITEM #4B FEBRUARY 13, 2006 Sewer Flow Projections — Flow projections for each pump station basin and the overall collection system will be developed through the year 2016. ATM's proposal is based on population projection through the year 2026 being readily available from the City. Server System Evaluation — The TM developed in a previous task will be modified for inclusion in the SMP. It will identify issues and necessary projects associated with pump stations, forcemains, and gravity systems based on condition assessments and interviews with City personnel. . Wastewater Treatment Evaluation — Wastewater treatment was not addressed in the 2000 SMP. Therefore, this Section will be created through evaluation and general analysis of the City's two WWTPs. The process and hydraulic analysis described in previous tasks will form valuable baseline data and result in a general understanding of the City's facilities. Capital Improvement Plan — Using the recommended projects and evaluation matrix described in the SMP, a 10 year CIP will be developed. The plan will identify a timeline for recommended project execution, and ATM will work with City staff to reconcile our recommendations with the City's "pay as you go" budget. The CIP will include a summary of the recommendations, an opinion of probable cost, and a description of the ranking procedure used to prioritize them. As described earlier, ATM recommends that the TMs developed in previous tasks serve as the 60% SMP and will be submitted at the completion of the associated task. ATM will submit a 90% SMP and CIP report for the City's review. After addressing the City's comments, a final SMP and CIP will be issued. Following acceptance of the final SMP, the ATM Project Team will present our findings to the City Commission in PowerPoint format. ATM's proposal is based on updating the existing SMP document and not developing an entirely new document. 9 AGENDA ITEM #4B FEBRUARY 13, 2006 PHASE 2 - REPORT PREPARATION AND FDEP PERMIT RENEWAL To facilitate renewal of the FDEP Permit for WWTP No. 1, ATM will perform the following tasks. For each task, ATM will provide the City with three copies of the draft report, ten hard copies of the final report, and one copy of the final report in digital format. With information determined through the course of this project, ATM will assist the City with development of the Capacity Analysis Report. Pertinent information, such as population projects will be used by ATM to complete other portions of this overall project. Ultimate responsibility for the report and submittal to FDEP will remain with the City. Task 2.1— OPERATIONS AND MAINTENANCE PERFORMANCE REPORT The ATM Project Team will prepare an operations and maintenance performance report in conformance with current FDEP requirements. The report will focus on comparing current operations and maintenance practices with generally accepted industry standards. The field work will be performed in conjunction with the previously described tasks. Task 2.2 — REUSE FEASIBILITY STUDY ATM proposes to update the costs section of the existing reuse feasibility report. The opinion of probable cost will be updated with 2006 cost estimates and will be indexed to the Engineering News and Record Index to facilitate future cost comparisons. The updated opinion of probable cost will be issued to the City in the form of a short TM. ATM's analysis will be limited to only updating the costs and will not include verification of reuse feasibility or material quantities. ATM's proposal is based on the combination of the previous report and TM update being sufficient to meet FDEP requirements for the permit application. Task 2.3 — FDEP PERMIT RENEWAL FOR WWTP No. 1 The ATM Project Team will prepare the necessary FDEP permit application package consisting of Forms 1 and 2A, as well as compilation of the above reports. The City will be responsible for the permit application fee. This task includes preparation of the application forms, one pre -application meeting with FDEP, and one response to one request for additional information. Due to the unknown nature of this permit application and how it 10 AGENDA ITEM #4B FEBRUARY 13, 2006 relates to the TMDL issue, ATM's proposal is based on a typical permit renewal process. However, this proposal does not include work and disciplines outside of this approach, including legal opinions and representation, river modeling, public protest resolutions and other potential issues that may arise. 11 AGENDA ITEM #4B FEBRUARY 13, 2006 PROJECT SCHEDULE AND SCOPE ITEMS The ATM Project Team proposes to complete the work in a manner to meet the three main project milestones of budgetary CIP costs in April, submittal of the permit application by July 30, 2006, and project completion by September 30, 2006. We propose the following initial schedule: • Prepare TMs within 3 months of Notice to Proceed ■ Submit FDEP Permit Renewal Application by July 30, 2006 • Complete SMP and CIP within current budget year (by September 30, 2006) A more detailed schedule will be developed with input from the City during the project kickoff meeting. ATM appreciates the opportunity to submit this proposal. ATM will provide a formal contract upon your review and approval of this proposal. A task and professional labor cost summary table is provided below. 12 AGENDA 11 FAY!. ii411 FEBRUARY 13, 2006 TASK AND COST SUMMARY TABLE TASK ESTIMATED FEES/COSTS PHASE 1 — SMP & CIP UPDATE - Phase 1.1 — WWTP Evaluation - Task 1.1.1 — WWTP TMDL Evaluation $ 30,000 Task 1.1.2 — Sludge Evaluation $ 3,000 Task 1.1.3 — WWII? Recommendations $ 3,100 Phase 1.2 — Sewer System Evaluation Task 1.2.1 — Pump Station Evaluation $ 18,450 Task 1.2.2 — I&I Evaluation $ 20,700 Task 1.2.3 — Update Documents $ 5,000 Phase 1.3 — Master Plan Update & CIP $ 17,800 PHASE 2 — PERMIT RENNVAL Task 2.1 — O&M Performance Report $ 7,500 Task 2.2 — Reuse Feasibility Study $ 3,100 Task 2.3 — Permit Renewal for WWTP No. 1 $ 5,550 ESTIMATED TOTAL PROFESSIONAL LABOR & PRODUCTION $114,200 * This task will be billed on a Time and Materials basis, but this is an estimated value for planning purposes. 13 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENTS: AGENDA ITEM #4C FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT List of property to be declared surplus Nelson Van Liere, Finance Director January 30, 2006 Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on this list. The attached list includes four worn-out City vehicles. Jacksonville Beach has agreed to include these four vehicles in their upcoming auction, tentatively scheduled for Thursday, February 23, 2006. There is no budget for this action. Proceeds from the sale of the vehicles sold at auction will be distributed to the fund from which the property came. Approve the list of property as surplus to the City of Atlantic Beach List of property to be declared surplus REVIEWED BY CITY MANAGER: AGENDA ITEM #4C FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH SURPLUS PROPERTY LIST AS OF JANUARY 30, 2006 DEPARTMENT DESCRIPTION SERIAL/VIN # FIXED ASSET # MILEAGE Water 1996 Dodge Ram Pick-up Truck(P-32) 1B7HC16Y0TJ192676 658 87,582 Parks & Recreation 2000 Ford Range 4WD RCAB Truck (P-44) 1FTYR11V7YPB20079 948 43,572 Public Works Administration 1999 Dodge Caravan Van (9901) 2B4FP2532XR338484 871 83,251 Building 1996 Pontiac Grand Am (C-2) 1G2NE52M1TM534999 653 59,854 1 AGENDA 11L+1V1 {i4L FEBRUARY 13, 2006 STAFF REPORT CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: E911 Contract with Jacksonville DATE: January 19, 2005 SUBMITTED BY: David E. Thompson, Chief of Poliee, PS BACKGROUND: Duval County collects a user fee on all telephone lines in the county to offset the expenses of providing E911 services. Jacksonville purchases the E911 emergency equipment for the answering stations including the three beach cities. BUDGET: RECOMMENDATIONS: ATTACHMENTS: Each year, Jacksonville reimburses the cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach 30 % of their personnel costs for Emergency Communication Operators. We have agreed on a reimbursement of the expenses for emergency communications based on 30% of the calls attributed to E911. On a quarterly basis, the cities provide documentation of their emergency communications expenses including salary, benefits, and training. Jacksonville reimburses 30% of the costs. The actual numbers in the attached paperwork are "not to exceed" figures, provided by each of the beach cities. These numbers are typically provided by the cities, and the numbers are inflated to assure that they will cover the reimbursements over the next year. Although Neptune Beach has a higher maximum distribution amount than Atlantic Beach, it does not mean that Neptune Beach will receive more money than Atlantic Beach. The actual reimbursement is based on the actual expenses incurred by each city. This will provide revenue to the City of Atlantic Beach, not to exceed $87,222, to reimburse 911 Emergency Communications expenses in the Department of Public Safety. Staff recommends the approval of the Interlocal Agreement for the distribution of 9-1-1 funds including the authorization for the Mayor to sign the paperwork. Memo from Pat Welte, 9-1-1 Coordinator, Duval County Interlocal Agreement from City of Jacksonville with signature pages REVIEWED BY CITY MANAGER: AGENDt( ITEM NUMBER: Date: To: From: Re: AGENDA ITEM #4D '1'IJ 1 FEBRUARY 13, 2006 9002 C 1 NW aaAraoaa 9-1-1 DISPATCH DUVAL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM January 13, 2006 Donna Bussey, City Clerk, Atlantic Beach Lisa Volpe, City Clerk, Neptune Beach Heidi Reagan, City Clerk, Jacksonville Beach Lula Hill, City Clerk, Baldwin Patricia Welte, 9-1-1 Coordinator, Duval County 9-1-1 Salary Reimbursements - FY 2005-2006 Please sign the attached Inter -Local Agreements for call -taker salary reimbursement. The maximum distribution amounts set aside for salary reimbursement are listed below: Atlantic Beach $ 87,222 Jacksonville Beach $133,715 Neptune Beach $122,818 Baldwin $ 31,103 These are the maximum amounts budgeted to reimburse your agencies for call taker salaries. The maximum amount calculations are based upon the previous years actual salary expenses, staffing and salary information provided to me by your police department. These calculations include a 6% increase over the actual agency expenditures for the 2000-2001 Fiscal Year. Florida Statute 365.171 permits each county to utilize 911 revenues to reimburse the costs of call taker salaries for time spent answering and transferring 911 calls. It also permits 911 funds to be utilized for call taker training and other associated expenses. The formula Duval County has chosen to use for reimbursement is 30% of each call taker's salary, plus 30 % of that figure for training and associated expenses. Communications Supervisor salaries are also included in these calculations and distributions. Please contact me at 630-2317 if I can be of further assistance. Thank you for your cooperation. AGENDA ITEM #4D FEBRUARY 13, 2006 9-1-1 DISPATCH DUVAL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM Date: January 11, 2006 To: Donna Bussey, City Clerk, Atlantic Beach Lisa Volpe, City Clerk, Neptune Beach Heidi Reagan, City Clerk, Jacksonville Beach L. Hill, City Clerk, Baldwin From: Patricia Welte, 9-1-1 Coordinator, Duval County Re: 9-1-1 Inter -Local Agreement — FY 2005-2006 This Inter -local Agreement provides for the sharing of the 9-1-1 User Fee funds to pay for a portion of the salaries, training expenses and benefits of your call -takers for the portion of their time spent answering and transferring 9-1-1 calls. This year, we have done separate agreements ; for each municipality so please return the documents to Pat Welte as soon as they are signed by your city. 5 Execution Copies — to be signed and stamped by your municipality. Return to Pat Welte (call 630-2317 for pickup) An executed copy will be returned to you. Please contact me at 630-2317 if I can be of further assistance. Thank you for all your help. Prepared by and Return to: Neill W. McArthur, Jr. Office of General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 INTERLOCAL AGREEMENT AGENDA ITEM #4D FEBRUARY 13, 2006 THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of this day of , 2006, by and among the below listed parties for the purpose of creating a distribution formula for dividing the proceeds collected via the 9-1-1 User Fee to be used to pay a portion of the salaries and related expenses for 9-1-1 CaII Takers for that portion of their time spent answering and handling 9-1-1 calls under the provisions of Section 365A 71, Florida Statutes, as authorized to be imposed by the governing body of Duval County (hereinafter referred to as the "Project"). The parties to this Agreement are: THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county government, making the General Services District (hereinafter referred to as "JACKSONVILLE"); and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, within the General Services District (hereinafter referred to as "ATLANTIC BEACH"); WITNESSETH: WHEREAS, the parties have entered into dialogue with respect to the Project; and AGENDA ITEM #4D FEBRUARY 13, 2006 WHEREAS, the Council of JACKSONVILLE acting as the governing body of Duval County, Florida has maintained the 9-1-1 User Fee at $.44 per month for the present fiscal year 2005-2006 and has authorized the fees collected to be used to fund an Interlocal Agreement wherein ATLANTIC BEACH will receive its pro rata share to be used for lawful purpose; and WHEREAS, the parties hereto are entering into this Interlocal Agreement pursuant to and in compliance with the provisions of Section 365.171, Florida Statutes; now therefore IN CONSIDERATION of the mutual promises and covenants herein contained and for other good and valuable consideration, the parties agree as follows: 1. The above stated recitals are true and correct and, by this reference are incorporated herein and are made a part hereof. 2. ATLANTIC BEACH shall receive a distribution proportion of the 9-1-1 User Fee calculated by taking the total Call -Takers actual salary expenditures from ATLANTIC BEACH, multiplying that amount by 30% (based on call volume data provided by each PSAP agency) and adding 30% for benefits and training. The Sheriffs Office may also include other factors such as changes in the 9-1-1 call volume data, percentage and inflationary increases, and the impact of wireless calls on each agency to determine the distribution amount. The maximum amount to be distributed, by JACKSONVILLE, as a result of this calculation for ATLANTIC BEACH for Fiscal Year 2005-2006 is EIGHTY- SEVEN THOUSAND TWO HUNDRED TWENTY-TWO AND 00/100 DOLLARS ($87,222.00). 2.1. The distribution portion (salary reimbursement) amount shall be remitted to the respective City Manager or Finance Director or his/her designee on a quarterly basis when the appropriate documentation has been submitted to the County 911 Coordinator. 2 E1171:1VL1X 11 V1V1 i141/ FEBRUARY 13, 2006 2.2. In each succeeding fiscal year, the Sheriffs Budget Office and the 911 Coordinator shall calculate the maximum distribution proportion amount to be distributed to ATLANTIC BEACH, by increasing the prior years actual salary amount by the appropriate escalation factors, which shall not exceed more than 8% of the prior years actual amount. The 9-1-1 Coordinator shall notify ATLANTIC BEACH of the maximum distribution proportion in the first quarter of the new fiscal year. 2.3. The current 9-1-1 User Fee of $.44 shall remain firm for the term of this agreement, unless it is revised by action of the Council of the City of Jacksonville. In the event of such revision, this Agreement will be amended, by written instrument, to reflect and memorialize such legislative User Fee revision. 3. The 9-1-1 User Fees collected and distributed as provided herein shall be utilized only for calltaker salaries and associated expenses, as provided for in Section 365.171, (13) Florida Statutes. 4. ATLANTIC BEACH, by accepting funds hereby agrees to provide an audit or accounting of such funds and how they were expended in accordance with Section 11.45, Florida Statutes. 5. ATLANTIC BEACH hereby acknowledges full payment and performance under all prior agreements on this subject and hereby waives any rights to assert any claim for failure of performance in prior years. 6. The salary period covered by this agreement shall be retro -active to October 1, 2005, or the beginning of Fiscal Year 2005-2006. This Agreement shall be in effect from the date it is recorded in the Official Records of Duval County, until September 30, 2009. 7. This Agreement may be terminated by either of the parties upon 90 days prior written notice of such termination to the other parties to this Agreement. 3 AUI f WA ITEM #4D FEBRUARY 13, 2006 8. JACKSONVILLE will record this Agreement in the Official Records of Duval County, as required by Section 163.01(11), Florida Statutes. The remainder of this page is intentionally left blank. 4 AGENDA ITEM #4D FEBRUARY 13, 2006 IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: By: Neill W. McArthur, Jr. Corporation Secretary STATE OF FLORIDA ) )ss. COUNTY OF DUVAL) CITY OF JACKSONVILLE By: John Peyton, Mayor The foregoing instrument was acknowledged before me this day of , 2006, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ❑ are personally known to me; or ❑ produced a current 0 produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. Director of Administration and Finance Form Approved: Office of General Counsel City Contract Number: 5 4 AGENDA ITEM #4D FEBRUARY 13, 2006 IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF ATLANTIC BEACH By: By: Donna Bussey, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 Donald Wolfson, Mayor 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA ) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of 2006, by Donald Wolfson and Donna Bussey, therespectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ❑ are personally known to me; or ❑ produced a current O produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) 6 AGENDA ITEM #6A FEBRUARY 13, 2006 RESOLUTION NO: 06-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO PROVIDE AN ANNUAL APPROPRIATION SUFFICIENT TO PRESERVE, PROTECT AND PROMOTE THE HISTORIC RESOURCES IN OUR NATION'S OLDEST CITY WHEREAS, St. Augustine, the Nation's Oldest City, is a national historic treasure that belongs to our region, our state and our nation, and WHEREAS, St. Augustine's historic sites and buildings include the largest single resource in our nation representing the contributions of Spain and the Spanish-speaking people to the settlement and development of the United States, and WHEREAS, in the City of St. Augustine there are four National Historic Register Districts, 31 National Historic Register sites and buildings, 41 colonial -era buildings and monuments, and 1,100 buildings listed as contributing to the significance of these historic districts, and WHEREAS, thirty-three of these historic properties in St. Augustine are owned by the people of Florida, but are without direct legislative support, and WHEREAS, the success of a dynamic maintenance, archeological and interpretative program has been proven through annual legislative funding of more than one million dollars to Pensacola's heritage program, supporting 20 state-owned historic properties, and WHEREAS, the historic resources of St. Augustine attract an estimated five million visitors annually, benefiting our region and the entire State of Florida; NOW THEREFORE, we endorse and support the City of St. Augustine's request to the Legislature of the State of Florida, to provide an annual appropriation sufficient to preserve, protect and promote these historic resources, as our state's investment in the rich history — and internretation of that history — in our Nation's Oldest City. IN WITNESS WHEREOF, we have hereunto set our hands and caused the official seal of the City of Atlantic Beach, Florida to be affixed on this day of 2006. ATTEST: DONNA BUSSEY DONALD M. WOLFSON City Clerk Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENT: AGENDA ITEM #6B FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution Revising the Board Member Review Committee Jim Hanson, City Mana February 6, 2006 The Mayor and Commission have had several discussions about amendments to the enabling resolution that created the Board Member Review Committee. Individual input from each of the members of the Mayor and Commission has been received. The most recent discussion was during the strategic planning workshop on Wednesday, February 1st where it appeared that the addition of several changes would make the amendments acceptable to each of you. Attached is a draft showing the changes that were discussed in the most recent meeting as well as those from previous drafts that did not receive objections. There are no budget implications related to this item. Consider whether or not the changes in the attached draft resolution are acceptable. If so, the Commission could either chose to adopt this resolution as written or let the staff know what additional changes would be needed. Strike through and underline version of the proposed amendments to the Resolution 05-04 creating the Board Member Review Committee AGENDA ITEM #6B FEBRUARY 13, 2006 RESOLUTION NO. 06-03 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, a Board Member Review Committee was created by the Mayor and Commission by Resolution 05-04 adopted on April 11, 2005 to review applications and make recornmendations for the appointment and reappointment of members to the city's Boards and Committees, and WHEREAS, conflicting language between the city charter and several ordinances in the city code has been identified by the City Attorney which has resulted in a need to amend several provisions relating to the membership of the Board Member Review Committee, and WHEREAS, it is in the best interest of the city to amend the original enabling resolution 05-04 to make changes to the number of members, the appointment of members, the criteria for membership and to make several additional modifications to the original provisions. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows; SECTION 1. Creation: Resolution 05-04 of the City of Atlantic Beach creating the BOARD MEMBER REVIEW COMMITTEE shall be amended as follows. SECTION 2. Purpose: The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees including requesting applicants to consider other boards or committees than those that they originally applied for, to review and consider available applications when vacancies occur, to consider the re appointment of appointments recommending existing board and committee members to an second additional term and to make recommendations to the Mayor and Commission as to which applicants to appoint to fill those vacancies. SECTION 3. Membership: There will be a total of feur--six(461 members on this Committee. The first member will be cithcr the Mayor or one of the sitting City Commissioners, who shall serve as chairman of the Committee, shall serve a one-year term and will be eligible for additional terms. Each one-year term for the Commissioner shall begin on December 1St_ This member shall be appointed by the Mayor and be subject to the approval of the commission. The City Manager and City Clerk will automatically be a members and will remain a member as AGENDA ITEM #6B FEBRUARY 13, 2006 long as employed by the City . The third and fourth members shall be citizens of Atlantic Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members shall have backgrounds or experience in committee work or human resources. The citizen appointments shall serve two-year tenuis which will be staggered and be eligible to serve a second two-year term. The foul -fifth member will be the chairman of the board or committee for which vacancy or re -appointment is currently being considered. They shall serve only for those meetings where membership on their board or committee is being considered. The term of office for the elected official serving on this committee will be for a period of two years. That elected official will be eligible for reappointment to a second two year term. The City Manager The City Clerk who shall serve as a non-voting member and perform all necessary administrative duties. SECTION 4. Duties and Responsibilities (a) Review available applications for vacancies on city boards and committees and interview applicants as the Committee determines necessary to make informed recommendations. (b) Receive input on the needs of the boards and committees that have vacancies for consideration as to the geographical, professional and philosophical balances needed so that each of those boards and committees can successfully accomplish their intended purposes established by the Mayor and Commission. (c) When a reappointment is being considered, solicit and receive input from the Chairmaen, members or the staff liaison of the board or committee where the vacancy has occurred, or others on the appointee's past record of service including, but not limited to, attendance, preparation and overall contribution to the board or committee. (d) Make recommendation(s) to the Mayor and Commission on appointments or reappointments to the city's boards and committees as set forth in the Charter of the City of Atlantic Beach. Recommendations shall be in the form of committee minutes along with copies of any applications of all candidates interviewed. (e) Make additional recommendations for membership if the Mayor does not approve the original recommendation for appointment. SECTION 5. Meetings and Notice: The meetings of this Board Member Review Committee shall be set at regular times and will be open to the public as well as to the other city elected officials although non-members of the Board Member Review Committee shall only observe and not be active participants in the meeting. and aA notice of meetings shall be provided in accordance with state law. Additionally, copies of the applications for appointment shall be transmitted to the Mayor and Commission prior to any meetings where interviews will be conducted and in the city commission agenda packet. AGENDA ITEM #6B FEBRUARY 13, 2006 SECTION 6. Effective date: This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this ATTEST: day of , 20065. DONNA BUSSEY JOHN S. MESERVE DONALD M. WOLFSON City Clerk Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7A FEBRUARY 13, 2006 ORDINANCE NO. 5-06-45 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach provides comparisons of the salaries of elected officials throughout the State of Florida; and WHEREAS, in October 2002, the City Commission changed the City Code to require annual reviews and adjustments of the Mayor's and City Commissioners' salary starting in November 2003 and in October thereafter; and WHEREAS, the City Commission established pay adjustments to be in accordance with the average salary reflected in the Florida League of Cities Cooperative Salary Survey, Group II, for cities of 10,000 to 49,999 population adjusted to delete full time positions and compare only the same cities as included within the prior years surveys; and WHEREAS, participation within the Florida League of Cities surveys from year to year from the same cities is becoming increasingly small and may no longer be statistically valid; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Section 2-20 of the Code of Ordinances of the City of Atlantic Beach, is hereby amended to read as follows: Sec. 2-20. Salary of members. (a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted Florida League of Cities Cooperative Salary Survey, Group II, for cities of ten thousand to delete full time positions and compare only the same cities as included within the prior year's surveys by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on November 1 in the year 2003, and on October 1 of each year thereafter. AGENDA ITEM #7A FEBRUARY 13, 2006 Page 1 of 2 Page Two Ordinance No. (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all City employees. Section 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 23rd day of January 2006. PASSED by the City Commission on second and final reading this day of , 2006. Donald M. Wolfson Mayor, Presiding Officer ATTEST: Donna Bussey City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7B FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading and public hearing to consider Ordinance 90-06-189, an ordinance establishing a new Residential, Single -family --Large Lot (RS—L) Zoning District Classification within Chapter 24 of the Code of Ordinances for the City of Atlantic Beach, Chapter 24 being the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach. (This proposed ordinance creates this new Zoning District classification within the zoning regulations; it does not amend the Zoning Map or rezone any area of the City to this new designation.) SUBMITTED BY: Sonya Doerr, AICP, Community Development Director 11) DATE: January 25, 2006 BACKGROUND: In response to concerns related to lot divisions that may result in new lots that are smaller than surrounding lots as they were originally platted, the City proposes to create a new Zoning District, which will be called Residential, Single-family—Large Lot (RS—L). Once this new zoning category is created, the appropriate area of the City could be rezoned to establish this RS—L District on the Zoning Map. This proposed ordinance only establishes the new zoning category; it does not rezone any area of the City to this new RS—L designation. That action would require adoption of a separate ordinance in accordance with established procedures, which include published and posted notice, as well as individual mailed notice to all property owners within and surrounding the area proposed to be rezoned. The City's largest lot residential Zoning District has been the RS -1 Zoning District, which requires a minimum 7500 square foot lot with minimum width of 75 -feet and minimum depth of 100 -feet. Oceanwalk, Selva Norte, Royal Palms and Selva Marina are the areas of the City currently zoned RS -1. All of these subdivisions are consistent with the RS -1 Zoning District, however, certain units within the Selva Marina subdivision contain lots that are substantially larger than the RS -1 District minimum requirements. Some of these lots, generally along Selva Marina Drive, were platted as large as 150 -feet in width and 300 -feet in depth. It is anticipated that these are the areas that would later be considered for this new Residential, Single Family—Large Lot designation. The result of applying this new Zoning District designation to these historically larger lots would be that these lots could not be subdivided in that they would not meet the minimum size requirements of the RS—L Zoning District. The proposed RS—L District requires a minimum 10,000 square foot lot with minimum width of 100 -feet and minimum depth of 100 - feet. All other standards such as height, Impervious Surface limit and setbacks remain the same as in the RS -1 District. The Community Development Board considered this matter at their January 17, 2006 meeting and recommended approval of the creation of this new RS—L Zoning District classification. BUDGET: No budget issues. RECOMMENDATION: Motion to approve upon first reading Ordinance 90-06-189, an ordinance establishing a new Residential, Single-family—Large Lot (RS—L) Zoning District Classification. ATTACHMENTS: Draft Minutes of the January 17th meeting of the Community Development Board and proposed ordinance. REVIEWED BY CITY MA February 13, 2006 regular meeting Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #7B FEBRUARY 13, 2006 5.a Review and recommendation to the City Commission related to proposed revisions to the Land Development Regulations (Chapter 24 of the Code of Ordinance for the City of Atlantic Beach) related to: 1) Establishment of a new Single-family Residential Zoning District, to be known as Residential, Single-family- Large Lot (RS -L). The Board then returned to agenda item 5.A.1 dealing with the establishment of a new single- family residential zoning district category to be known as Residential, Single -Family - Large Lot (RS -L). Sonya Doerr stated that this was a proposed new zoning district classification that, if adopted, would require a larger lot size for some new lots. Existing legal lots of record would not be affected. The new zoning district would be single-family district, and this item is only consideration of this new Zoning District classification. We are not considering a map change tonight. The City has to first have the zoning category in place before amending the map to designate any area as this new zoning designation. As proposed, any new RS -L lots would be required to be 100 -feet in width, 100 -feet in depth, with a minimum lot area of 10,000 square feet. Setbacks, height, impervious area, and other requirements are the same as in the RS -1 district. Ms. Doerr stated that the intention was to later establish this new Zoning District in portions of the Selva Marina area where these larger lots were originally platted. Carolyn Woods stated that she always thought of these lots as more rectangular than square. Ms. Doerr stated that many of these original lots are deeper than they are wide, but 100 -feet of depth for residential lots is the standard depth in all other residential zoning districts in the City. Mr. Jacobson asked if the Board had seen the letters in the paper addressing the topic of reducing lot size. Mr. Maclnnes did not see the tie-in to new lots. Ms. Doerr said that a lot of record will remain a lot of record. The question was withdrawn. Lindley Tolbert, 344 6th Street, asked why does the City need a large lot subdivision and will it better the community, or is this coming just from the Commission. There are not many lots that are 200 -feet wide lots. If we raise the required size, we can stop the subdivision of lots. It seems the City is trying to fast track issues. Has anyone talked with the people this will affect? These recommendations have cost quite a number of people a lot of money — millions of dollars of additional taxable revenue. Decisions are being made that are rushed through. The Board should think how this would affect them. Carolyn Woods stated that people like the space, and most people would like to retain the character of these large lots. People that subdivide are affecting the character. The Comp Plan states that we should preserve older communities through these efforts. Ms. Tolbert and Ms. Woods discuss the issue, with Ms. Woods explaining why those who own the property first have inherent property rights. Ms. Tolbert stated that there should be no change to the Comp Plan. Mr. Jacobson stated that this was a classic case of existing property owner's rights versus purchaser's rights. Ms. Tolbert stated that is why we have laws. Ms. Tolbert also expressed concern that people should have more than two weeks to make changes and get applications in; and recommended that they give property owners the proper amount of notice. 8 Draft Minutes of the January 17, 2006 meeting of the Community Developrnent Board AGENDA ITEM #7B FEBRUARY 13, 2006 Leonard Caurse, 1756 Live Oak Lane, stated that he had been out of town for three weeks and when he came back and read his mail, he did not have a clue that this meeting was occurring. Hid first question was one of what is the definition of proper notification. His second question was, is it legally required, with the third question, did they do it. Sam Jacobson stated that it takes two readings and proper notice to adopt an ordinance and establish a new zoning classification. Mr. Caurse stated his concerns about the time frames and that even a month doesn't give him time. Ms. Doerr stated that there was a first and second reading before the City Commission required. This is not creating a zoning change on the zoning map; it is establishing a new zoning classification. Mr. Caurse states that this is the first step in creating this new designation, and the earliest they can vote is March. Mr. Caurse described the effect of this ruling on a woman with two kids whose property is her nest egg — you are taking this away from people. Ms. Woods asked about the person next door who is affected by the smaller lots — the person in the middle property goes down. Mr. Caurse responded no; he would like to reduce his property size now that he is retired. Sam Jacobson noted that this is a complex issue, and that the problem is that for every action there is a bad reaction. With more and more subdivision of lots, people fear Atlantic Beach will become Jacksonville Beach. Mr. Caurse requested that the Board not even take this to City Council, and they have another hearing on the proposal to explain. He believes that people don't have a clue about what is happening. Mr. Caurse then asked what would happen if his division is already approved and then the regulations are changed. He needs time to get a legal opinion. Sonya Doerr stated that this ordinance has not been scheduled for the Commission yet. Ms. Doerr also stated that as far as lot divisions that have been approved, they will remain legal lot divisions. Pat Pilmore, 995 Camilla Street spoke about the lot size issue and felt that too much emphasis was put on the developer's opinion. Ms. Pilmore believed that the housing market and developers are pushing size, and this is a marketing tool to make money. She strongly believes in limiting the size. Jane Wytska, 352 2nd Street, stated that she had paid more than the appraised value for a house in Atlantic Beach to be near the beach. She worries about the process not being rushed. She stated that houses are oversized, and that the process has gone way too slow. Large buildings block the sun and are obtrusive and not a good part of the community. Peter Sapia, 1655 Selva Marina Drive, stated that creating new large lots will create large costs. Mr. Sapia believes that there should be facts and figures to support the proposals, and that the funds lost by these actions could be used to build additional infrastructure. Recommends that the Commission should leave the existing zoning regulations alone. Thomas Grant, 1909 Selva Marina Drive, stated that in the Commission minutes, it was noted that notice would be given. Ms. Doerr responded that this item is only a recommendation to create a new zoning category, and will not rezone anything at this time. Any change will come at a later time; all landowners within the proposed district and within 300 feet will be noticed at that time, as well as a published advertisement. We are not at that stage yet. Mr. Grant stated that there are still so many questions, considerations need to be weighed heavier than they are. Subdividing of 9 Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #7B FEBRUARY 13, 2006 smaller lots can be done tastefully so as not to affect the property values of others. Nothing should be done until Mr. Winter is done. Mr. Jenkins reminded the audience that this was simply a new zoning designation being included in the zoning code. Mr. Jacobson did agree that a positive vote is the first step in the eventual approval of land design that Mr. Grant is not happy about. Mr. Jacobson stated that everyone is regulated to some extent. R.D. DeCarle, 51 Beach Avenue, stated that there is a price difference between Atlantic Beach and other beach areas. People have come to value their property rights as to why they buy in Atlantic Beach. Additional layers of bureaucracy will negatively affect values. The hidden agenda of the Commission is growth management to prevent more people from coming to Atlantic Beach. Mr. Jacobson asked whether 75 -foot lots will affect property values. Mr. DeCarle stated that low rates have allowed people to build large houses. If people want to buy large lots and build large houses, so be it. Kevin Byrnes, 391 8th Street, asked if anyone on the Commission could answer how many more lots in old Atlantic Beach can be divided into 75x100 parcels. Ms. Doerr responded that the lots are in the various units of Selva Marina and not old Atlantic Beach. Most of Old Atlantic Beach are platted into 50x100 or 50x130 lots. Ms. Doerr stated that there are less than a couple of dozen lots in Selva Marina that could be subdivided under the current rules. Lynn Drysdale made a motion to recommend approval of the establishment of a new single family Zoning District category to be known as Residential, Single-family, Large Lot (RS -L), moving that Sec. 24 be amended as recommended by staff. The motion was seconded by Steve Jenkins. Dave Maclnnes stated that he didn't see the need for this, and that there are only a handful of lots this would apply to. Mr. Lambertson stated that even though he has reservations, there has been adequate time to consider this. Mr. Jacobson stated that it had to go through us to get to the Commission, and he didn't see the need to not send it on to the Commission. The motion was approved by a 6:1 vote, with Mr. Maclnnes opposing. 10 ORDINANCE NUMBER 90-06-189 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, ARTICLE III, DIVISION 5, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS THERETO, TO ADD NEW SECTION 24-104, ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION, TO BE KNOWN AS RESIDENTIAL, SINGLE-FAMILY — LARGE LOT (RS -L), PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: AGENDA ITEM #7B FEBRUARY 13, 2006 404,44). SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Zoning Regulations, Division 5, Establishment of Districts, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section 24-104, with succeeding Sections to be renumbered accordingly. This Section shall establish a new Zoning District classification known as Residential, Single -Family — Large Lot (RS -L), and upon enactment shall read as follows. DIVISION 5. ESTABLISHMENT OF DISTRICTS Sec. 24-101. Intent and Purpose. The City of Atlantic Beach shall be divided by these Land Development Regulations into Zoning Districts, as listed and described below. These divisions and the requirements set forth herein shall have the purpose of implementing the goals, objectives and policies of the Comprehensive Plan. The following is established in this Division: (a) The intent of each Zoning District. (b) General requirements for each Zoning District, including: (1) Permitted Uses. (2) Uses -by -Exception. (3) Minimum Lot Size. (4) Minimum Yard Requirements. (5) Building Restrictions. Page 1 of 4 Ordinance Number 90-06-189 AGENDA ITEM #7B FEBRUARY 13, 2006 Sec. 24-102. Zoning Districts Established. The corporate area of the City of Atlantic Beach is hereby divided into Zoning Districts as follows. Zoning District Classification Abbreviation Conservation CON Residential, Single-family—Large Lot RS -L Residential, Single-family RS -1 Residential, Single-family RS -2 Residential General, Two-family RG -1 Residential General, Two-family RG -1A Residential General, Multi -family RG -2 Residential General, Multi -family RG -3 Residential Mobile Horne RMH Commercial, Professional and Office CPO Commercial, Limited CL Commercial, General CG Industrial, Light and Warehousing ILW Special Purpose SP Central Business District CBD No changes to Section 24-103. Sec. 24-104. Residential, Single-family — Large Lot Districts. (RS -L) (a) Intent. The RS -L Zoning District is intended for development of low Density Single- family residential uses in areas where traditional established lot sizes are larger than those typically located throughout the City of Atlantic Beach. All Development of Land and Parcels within the RS -L Zoning Districts shall comply with the residential Density limitations as set forth within the adopted Comprehensive Plan for the City of Atlantic Beach. as may be amended. (b) Permitted Uses. The Uses pernlitted within the RS -L Zoning Districts shall be as follows. (1) Single-family Dwellings. (2) Accessory Uses. (See Section 24-151 (3) Government Uses, Buildings and facilities. Page 2 of 4 Ordinance Number 90-06-189 AGENDA ITEM #7B FEBRUARY 13, 2006 (c) Uses -by -Exception. Within the RS -L Zoning Districts, the following Uses -by - Exception may be permitted. (1) Churches, subject to the provisions of Section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Horne Occupations, subject to the provisions of Section 24-159. DR#4,,,t (d) Minimum Lot Size. The minimum size for Lots within the RS -L Zoning Districts shall be as follows. (1) Minimum Lot or -site area: Ten Thousand (10, 000) square feet. (2) Minimum Lot width: One hundred (100) feet. (3) Minimum Lot depth: One hundred (100) feet. Existing legally established Lots of Record may exist, which do not meet the above Lot width depth or area requirements. These Lots may be developed subject to all applicable Land Development Regulations; however, all Lots created after the effective date of Ordinance 90-06-189, shall comply with the Minimum Lot Size requirements in order to obtain Building Permits authorizing Development. (e) Minimum Yard Requirements. The minimum Yard Requirements in the RS -L Zoning Districts shall be as follows. (1) Front Yard: Twenty (20) feet. (2) Rear Yard: Twenty (20) feet. (3) Side Yard: Seven and one-half (7.5) feet. (f) Building Restrictions. Additional Building restrictions within the RS -L Zoning Districts shall be as follows. (1) Maximum Impervious Surface: Fifty (50) percent. (2) Maximum Building Height: Thirty-five (35) feet. Page 3 of 4 Ordinance Number 90-06-189 AGENDA ITEM #7B FEBRUARY 13, 2006 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 th day of , 2006. Passed upon final reading and public hearing this th day of , 2006. Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST : DONNA BUSSEY City Clerk DONALD M. WOLFSON Mayor/Presiding Officer Page 4 of 4 Ordinance Number 90-06-189 AGENDA ITEM #7C FEBRUARY 13, 2006 ORDINANCE NO. 95-06-90 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITH NR LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY IRE CITY COM IISSION ON BEHALF OF THE PEOPLE OF THE CTTY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Sec. 4-11(2)(d) of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: " (d) Liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), tegether-with together-withor a surety bond on said dog of at least one hundred thousand dollars ($100,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach and to any person injured by such dog any damages and expenses incurred as a result of the conduct of such dog or its owners." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. ATTEST: DONNA L. BUSSEY DONALD M. WOLFSON City Clerk Mayor, Presiding Officer Approved as to form and corrections: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #8A FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revisions to the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to swimming pools, the use of pavers, pervious concrete or open grid paving systems, and the applicability of Impervious Surface limits to existing developed lots and redevelopment. SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: January 25, 2006 BACKGROUND: At the November 28th meeting, the City Commission inquired as to the history of the current definition for Impervious Surface, which allows Swimming Pools to be counted as a pervious surface, and following discussion of this matter, requested that this definition be modified. The definition of Impervious Surface (as current staff is informed) was the result of a "compromise" after the City initially proposed to adopt the 50% Impervious Surface limit on residential lots. (The 50% Impervious Surface limit became effective January 01, 2002.) To both Public Works and Planning Staff's knowledge, this exclusion of swimming pools from being treated as Impervious Surface is not typical. The attached ordinance proposes to revise this definition so that Swimming Pools would be included in the impervious surface calculation. In addition, the proposed ordinance clarifiesthe applicability of the City's 50% Impervious Surface Area (ISA) limit with respect to existing development. This clarification is necessary because of recent ISA waiver applications for properties within older PUDs where an allowable ISA limit was not specified in the ordinance creating the PUD. The Community Development Board considered this revision to the definition of Impervious Surface at their January 17th meeting. After considerable discussion by the CD Board and comments from the public, the CD Board recommended that the definition remain unchanged with respect to the treatment of swimming pools as pervious area, but recommended that other changes related to the use of pavers, pervious concrete or open grid paving systems be adopted by the City Commission. BUDGET: No budget issues. RECOMMENDATION: Direction to staff to: 1) prepare ordinance as originally proposed by the Public Works Director, or 2) prepare ordinance consistent with the recommendations of the Community Development Board, which would leave the current definition unchanged with respect to the treatment of swimming pools as pervious surface, but enact other proposed revisions to the definition of Impervious Surface Area related to the use of pavers, pervious concrete or open grid paving systems. Also recommended was further technical analysis to determine what portion of a pool surface might be appropriate to consider as pervious area. ATTACHMENTS: Minutes (draft) of the January 17, 2006 Community Development Board meeting, and copy of proposed revision as originally prepared by the Public Works Director. REVIEWED BY CITY MANAGER: February 13, 2006 regular meeting AGENDA ITEM #8A FEBRUARY 13, 2006 Draft Minutes of the January 17, 2006 meeting of the Community Development Board 5.a Review and recommendation to the City Commission related to proposed revisions to the Land Development Regulations (Chapter 24 of the Code of Ordinance for the City of Atlantic Beach) related to: (Item 3 taken first.) 3) Amend Section 24-17, definition of Impervious Surface, to address swimming pools and the use of brick pavers. Public Works Director, Rick Carper, addressed the Board and stated that the Commission had directed staff to change the definition of Impervious Surface to include swimming pools. Mr. Carper stated that Jacksonville Beach and Jacksonville do not address impervious surfaces in their drainage regulations. The thought from the Commission when they originally decided to consider swimming pools as pervious area was that a pool retains about 6 inches of stormwater. Carolyn Woods asked whether Atlantic Beach should be giving half credit for swimming pools to account for the six inches. Mr. Carper stated that this had been discussed. After restating and clarifying her question, Mr. Carper responded that was not what staff was directed to do by the City Commission. Mr. Carper found no other communities that gave partial credit for pools. Chris Lambertson commented about the City of Jacksonville Beach Code, and concurred that this regulation was not written into their Codes. Ms. Woods stated that if our Code is based on retention of water, there should be some credit given. Mr. Carper responded that it was based on runoff. Mr. Jacobson asked why this is being addressed by the CD Board. Mr. Carper responded that this revision had been initiated by the Commission. Ms. Doerr stated that it is before the CD Board because it is a proposed revision to the Land Development Regulations, and the CD Board must make a recommendation to the City Commission on any changes to the Land Development Regulations. Carolyn Woods stated that it seems that every surface has a percentage that it is given for runoff. Mr. Carper responded that there are standard coefficients. Ms. Woods asked if there is a coefficient for pools. Mr. Carper stated that there is not. Sam Jacobson asked about pavers and why this is being addressed again. Mr. Carper said that the Commission had asked the question, and responded that the amount of impacts depended upon the installation, the slope, and how much water is running off of the paver surface. Dave Maclnnes asked that if someone currently has a pool and the house is destroyed, would the pool be grandfathered in. Mr. Jacobson asked if homeowners can rebuild in the original footprint of the house. Ms. Doerr stated that there were regulations to deal with nonconforming structures and nonconforming uses. Carolyn Woods suggested that the Board get the answer to these questions and do some scenarios to see how drastically changes to conditions will effect homeowner's property, and recommended that the Board come up with standards for pavers, swimming pools, and slopes and run scenarios to ,see how it effects property. Sam Jacobson asked how would we run scenarios. Ms. Woods responded that we could take our smallest lot to consider and see how Codes effect development on that lot. 3 Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #8A FEBRUARY 13, 2006 Sam Jacobson asked what was the reason for the impetus behind this request. Mr. Carper responded that the core city storm system was designed for a 5 -year storm event, and at a 10 -year storm, there would be flooding in the streets. With a 25 -year storm, there would be no house flooding, but flooding up to the houses. Steve Jenkins stated that he was hesitant to confuse this issue with the question of allowing existing nonconforming structures to be rebuilt and believed that the confusion of the technical issues with this issue was a mistake. Mr. Jenkins believed that the recommendations are reasonable. Sam Jacobson asked if we can we separate the swimming pools from the paver issue. Chris Lambertson stated that if we split the issues, the topic intertwines with broader similar issues, and noted that Atlantic Beach is the only municipality that requires you to retain stormwater on your lot. Sam Jacobson stated that he didn't feel that this is the place to rework the definition. Mr. Lambertson stated that we need to look at the big picture. Mr. Carper provided background on the Stormwater Master Plan Update, which determined what was needed to ensure that the system would function as designed. Mr. Carper commented on the options given in the stormwater plan, including payment of impact fees, and stated that the runoff coefficient used was .46 for the core city, and at the same time redevelopment really started, the City's consultant ran the models as did the design engineer to protect the $8 million of improvements put in the ground, and suggested to go to .6 at 50% lot coverage. Mr. Maclnnes thought that this was not the place to try to re -work definitions. Mr. Lambertson thought that we should not just take one piece forward, and need to look at the whole issue and stated that we can't look at the issue unless the whole structure has been laid out. Mr. Jacobson thought that that this particular definition had been work -shopped to death five years ago, and therefore, should not be addressed singularly. If pools and pavers are addressed at zero impervious, the house could fall under .6. The pool then would require an expensive retention system. People don't realize what the effect of the change will have if they are building a pool. Carolyn Woods stated that part of the problem is that the definition says impervious, and the Code is concerned with runoff getting into the sewer system, not percolation. This definition conflicted with the intention of the Code. The purpose of the Code is to retain water on-site, which is what a pool does. Craig Burkhart stated that the interpretation that we came up with several years ago for the pavers fell through the cracks and that the pool issue should be dealt with separately. Typical pavers laid on sand do not allow percolation of any more than 3-4%. Mr. Burkhart agrees that some credit should be given for pools since there will be retention of 6 inches in a storm. Fifty percent of the 25 -year stormwater will be preserved within the pool, so we should continue to give credit for the pool surface. Lynn Drysdale stated that she sees the merit for everything that we have been hearing, and that the Board should deal only with the task of definition as before the Board, and stated that she was comfortable with language dealing with pavers and that pools should be considered impervious, but agrees that some credit should be given. 4 Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #8A FEBRUARY 13, 2006 Sam Jacobson stated that his pool has never come close to overflowing, even during hurricanes. Mr. Jacobson agreed that there were two different set of considerations. We need to address the purpose of the regulation, and we should address pools and pavers separately. George Mayporth, Atlantic Beach, stated that pools should be exempt from impervious area requirements. Pools are not generally overflowing. The City should check to see what the Water Management District is doing. Enough adjacent communities don't address the issue. He stated that the Board should identify pavers with certain pervious ratings as certain pavers are able to absorb morc stormwater; it depends on the paver itself. Need to identify porous pavers and define what is acceptable in the permitting process. C -value numbers are assigned that should be used. You can't just ignore the fact that pavers are porous, and it should be so noted. Sam Jacobson stated that whatever absorption there is in pavers depends upon the type of storm. Mr. Mayporth stated that the paver industry is changing rapidly. The City should be careful with a blanket statement that all pavers are impervious. Mr. Carper is stating that pavers are being put down and circumventing the rule with non -porous type pavers. Peter Sapia, 1625 Selva Marina Drive, stated that the Commission believes that they should stop the evolution of Atlantic Beach, and does not believe that the voters have given them that mandate. The course of change set by the 5 -way intersection will be dwarfed by what is now being done. The Chairman questioned the relevancy of the 5 -way intersection. Mr. Sapia felt that establishing pools as impervious will decrease the taxes from that property, and this will effect the City's revenue stream. Pat Pilmore, 995 Camelia Street, stated that pavers were supposed to be a pervious system, and the pervious system was supposed to have spaces to allow for drainage. Jane Wytska, 352 2nd Street, addressed that impact of pools beyond the drainage issue. Her neighbor installed a pool on a 75 -foot wide lot. It causes noise and impacts vegetation. She believes that the pool will impact quality of her life and should be considered impervious and that pools should not be allowed on small lots. Thomas Grant, 1909 Selva Marina Drive, objects to ruling a pool as impervious. He is concerned about property rights in Atlantic Beach. The Commission is not taking in the impacts of the language concerning pavers. Things are being done without considering the unintended consequences. He urges the Board to make sure that you understand, and we understand, and to ask more questions of the Commission. What happens if a house is damaged. Has the negative impact on property values been considered? Carolyn Woods stated that you have to also consider the flipside, and consider what the changes will bring and if change is not made, what effects there could be. Steve Jenkins stated that if more than 50% of your house is destroyed, then you have to conform with new Codes. Thomas Grant stated that there is not enough time between meetings. Decisions being made could have a negative impact for the residents of Atlantic Beach, and some of this change is more severe than it needs to be. 5 Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #8A FEBRUARY 13, 2006 Lindley Tolbert, 334 6th Street, stated that the current Commission is trying to control the size of new homes, and is pushing for pools and pavers to be 100 percent impervious so that residents cannot build bigger homes. Ms. Tolbert questioned some comments by the Commission, and comments by certain Commissioners to make new regulations retroactive. The Board should consider the hidden issues covered by this issue. R.D. DeCarle, 180 Beach Ave, stated that he was perturbed with the way the Commission was rushing things involving conununity character. He is presently trying to develop his own property. If pools are made impervious, there is no way he can have a pool at his home. He agrees that some credit should be given for pools. He cannot put a full driveway in due to the Code. He is having to shrink his plan down, and thinks that the Commission is taking away private property rights. Peter Litsky, 322 6th Street, stated that he was concerned about the speed that the Commission was taking. Agreed with the proposal by Ms. Woods to study a standard lot. It is obvious that a pool does have some retention value. He agrees that a study is necessary, and agrees that pavers do have some water retention capacity. He does not think that it is up to this Board, but that it should be up to the engineers and the values given by the industry. By combining pools and pavers in this ordinance, it appears that they put the pool along with the pavers so that the pool will be completely overlooked. Kevin Byrnes, 391 A Street, stated that pavers do have some retention water and that a pool is a great place for water retention. Carolyn Woods addressed pools and proposed defining pools as a percentage so that they are 75 percent pervious and 25 percent impervious. Motion seconded by Dave Maclnnes. Craig Burkhart asked Ms. Woods how she determined that 75% was appropriate. Ms. Woods said it was based on everyone's comments. Mr. Burkhart asked if she would be adverse to using 66% based on the information provided by Mr. Carper and what appears to be a standard free board of 6 inches, which seems more like a mathematical format. Ms. Woods said that she was just using logic, and stated that the Water Management District doesn't count them as impervious at all. Steve Jenkins felt like input received tonight made the issue of the pools as impervious or not impervious a question, and there should be discussion on a scientific definition. Dave Maclnnes expressed his belief that this type of thing be delayed be until the community character issues are worked out, but would not be opposed to voting on the motion. Sam Jacobson expressed concern that the Board is uninformed, and we have heard only matters of opinion. It makes sense to get really informed information. We need to get expert information from UNF or some other source. Lynn Drysdale stated that premature uninformed action could result in potential litigation. The motion was withdrawn. 6 Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #8A FEBRUARY 13, 2006 Steve Jenkins moved that the language on swimming pools be rejected, and that it go back to staff for further study. Motion seconded by Lynn Drysdale. Mr. Jenkins recommended that the Board reject the language related to pools and retool language to incorporate language that would allow the pool to act as retention, with the staff to conduct a study of the appropriate stormwater retention value. Amended motion was seconded by Lynn Drysdale. Steve Jenkins then recommend approval of the language addressing the retention value of the pavers, which was seconded by Lynn Drysdale. Carolyn Woods stated that brick -appearing pavers are rated on their permeability, and through this motion you could be denying the ability to get credit for installing permeable pavers. Accepted standards for the industry is the language that should be put in. Ms. Doerr explained that the 50% standard currently in the Code was the result of checking with manufacturers. Ms. Doerr stated that what the City has discovered is that the way pavers are often installed prevents permeability. Ms. Woods stated that she felt that the required base should be specified. Mr. Carper stated that open grid pavers are built over an underdrain, that drain into a system. Ms. Woods stated that the language should be based on the method of installment. Mr. Carper stated that he did not have adequate staff to inspect each and every installment. Chris Lambertson stated that pavers are installed in South Florida over compacted limerock, that does not absorb any water. Ms. Woods asked that if they laid it on sand, with 1/4 inch spacing, would that be open grid. Mr. Carper stated that he would look at that. Mr. Lambertson stated that this appears that this is just a clarification. Mr. Carper responded that the interpretation that he inherited on the existing language was that if pavers weren't installed on concrete or asphalt, they got 50% credit as pervious surface. Mr. Jacobson believed that 12x12 pavers would not be 50% impervious, and that pavers built over concrete would get around the requirement. Spoke wholeheartedly in favor of the motion. The motions to recommend rejection of the language related to swimming pools, and that this issue go back to staff for further study, and to recommend approval of the revision, as proposed, related to pavers were approved unanimously. 7 AGENDA ITEM #8A FEBRUARY 13, 2006 DRAFT ORDINANCE NUMBER 90-06-188 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Zoning, Subdivision and Land Development Regulations, adopted as Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by modifying Article II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this Ordinance, said definition shall read as set forth below. Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking Lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that storinwater shall not be considered impervious areas. Swimming pools shall not be considered as Impervious Surface& The water surface area of swimming pools, along with concrete bulkheads shall be considered impervious. Additionally, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty percent (50%) Impervious Surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid Pavers must be installed on a sand base, without liner, in order to be considered 50% impervious. Solid surface pavers. (e g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any reduction in impervious area, regardless of type of base material used. Unless otherwise and specifically provided for in these Land Development Regulations, or within another Ordinance, or by other official action establishing specific Impervious Surface Limits for a particular Lot or Development Project. the fifty percent (50%) Impervious Surface limit shall be the maximum Impervious Surface limit for all new residential Development and redevelopment. In such cases where a previously and lawfully developed residential Lot or Development Project exceeds the fifty percent (50%) limit, redevelopment or additions to existing residential Development shall not Ordinance Number 90-06-188 AGENDA ITEM #8A FEBRUARY 13, 2006 DRAFT exceed the pre -construction Impervious Surface limit, provided the stormwater and drainage requirements of Section 24-66 are met. 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 by the City Commission of the City of Atlantic Beach this th day of , 2006. Passed upon final reading and public hearing this th day of 2006. Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BUSSEY City Clerk DONALD M. WOLFSON Mayor and Presiding Officer Ordinance Number 90-06-188 AGENDA ITEM #8B FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revisions to Section 24-189(a) of the Subdivision Regulations, as contained within Chapter 24, the Land Development Regulations, eliminating the administrative approval of certain two -lot property divisions to require Commission review and approval of such requests. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: February 2, 2006 BACKGROUND: At the December 12th meeting, the City Commission discussed a revision to the Subdivision regulations, which would eliminate the administrative approval of certain lot divisions and require such divisions to come before the City Commission for review and approval with public notice required. Section 24-189(a) of the Subdivision regulations currently allows for the administrative approval of two -lot divisions only when such divisions are in compliance with the all requirements of the Land Development Regulations and the Comprehensive Plan. At the December 12th meeting, the Commission deferred the matter to the Community Development Board for consideration and a recommendation. The Community Development Board considered this revision to Section 24-189(a) of the Subdivision regulations at their January 17th meeting. The CD Board recommended by a 4:3 vote that Section 24-189(a) remain unchanged. BUDGET: No budget issues. RECOMMENDATION: Direction to staff to: 1) prepare ordinance for first reading and public hearing to amend Section 24-189(a), eliminating the administrative approval of certain two -lot property divisions to require Commission review and approval of such requests, or 2) leave Section 24-189(a) of the Subdivision regulations as it currently exists allowing for the administrative approval of two -lot divisions only when such divisions are in compliance with the Land Development Regulations and the Comprehensive Plan. ATTACHMENTS: Minutes (draft) of the January 17, 2006 Community Development Board meeting and the December 12, 2005 meeting of the City Commission meeting, and copy of proposed revision as previously discussed by the City Commission and copy of Section 24-189(a) as currently effective. REVIEWED BY CITY MANAGE February 13, 2006 regular meeting Draft Minutes of the January 17, 2006 meeting of the Community Development Board AGENDA ITEM #8B FEBRUARY 13, 2006 5.a Review and recommendation to the City Commission related to proposed revisions to the Land Development Regulations (Chapter 24 of the Code of Ordinance for the City of Atlantic Beach) related to: 2) Amend Section 24-189, eliminating the administrative approval of certain two -lot property divisions to require Commission review and approval of such requests. (Proposed pursuant to direction from City Commission at the December 12th Commission meeting.) Sonya Doerr described the agenda item, stating that this is a proposed revision to the Subdivision regulations that would remove the administrative approval for certain types of lot divisions. As proposed, a two -lot division would still be exempt from the full plat or re -plat process, but approval by the City Commission would be required. Ms. Woods asked whether this change would require involvement of the Community Development Board. Ms. Doerr said no, all requests would go straight to the City Commission. Ms. Woods asked if more than two lots would come to the Board. Ms. Doerr responded yes, that process does not change. Chris Lambertson asked what they did in St. Johns County. Ms. Doerr responded that in St. Johns County a two -lot division was allowed by administrative approval, as was the case with other surrounding jurisdictions. Steve Jenkins asked what is the frequency of occurrence of such an action. Ms. Doerr responded that there have been eight two -lot divisions in three years. Lindley Tolbert, 334 6th Street, wondered why the Commission would want to change the existing regulation, that this should be an everyday job for the staff. The Commission does not have the expertise to do this. They were elected for policy decisions. Casey Quinn, 524 Plaza Street, stated that the situation should not be left totally up to the administration, that these should be evaluated on a case-by-case basis. You can't subdivide every piece of property in the City anyway. Pat Pilmore, 995 Camilla Street, noted that Atlantic Beach is a small community. Everyone can be a player. She has respect for the Board and would like to see more planning come back to this Board to discuss things at this level, then at the Commission level. R.D. DeCarle, 51 Beach Ave, stated that he didn't agree with the Commission eliminating the staff responsibilities; and that the Commission want to have an overriding control. Thomas Grant, 1909 Selva Marina, asked where this would lead to, what will be the next authoritative action that they will have. The Commission does not have details to make these decisions. Chris Lambertson reminded everyone that the Board would not see these normally anyway. Peter Sapia, 1625 Selva Marina, stated that taking administrative function from City staff adds attorney fees and only adds to the costs. 10 Draft Minutes of the Janua,y 17, 2006 meeting of the Community Development Board AGENDA ITEM #8B FEBRUARY 13, 2006 Dave Maclnnes asked Ms. Doerr what happens if you deny an application. Can the applicant appeal? Ms. Doerr responded yes, they could appeal to this Board. Sam Jacobson asked what the basis for staff denial would be. Ms. Doerr responded that they could be denied if they didn't meet minimum width or lot size requirements. Chris Lambertson stated that staff is very competent in the ability to review that data, and that this should not be taken out of the administrative arena and into the political area. Sam Jacobson asked if Ms. Doerr approves it, what gets passed on. Ms. Doerr stated that once it's approved, the property owner submits approved surveys, and when they sell the lot, they record the new survey with their deeds. Steve Jenkins stated that it is very important that we have clear requirements so people know where they stand. We could be doing citizens an injustice if it wasn't clear what could be done or if it was made discretionary on what could be approved. Mr. Lambertson also expressed concerns about the possibility of uncertainty. Ms. Woods stated that prior to 2003 administrative requirement did not exist. Ms. Doerr responded that this was still done at the staff level at that time. Ms. Woods ran a scenario where it would be disadvantageous to have staff approval, expressing concern about incongruity of some possible approvals. Steve Jenkins stated that was the Board's challenge to make regulations clear. To make everything subjective to who the Board is was problematic. He would rather change regulations to address the current issues. Ms. Woods responded that the Code could be changed every year. Mr. Jacobson expressed the thought that certainty was only one issue. Other matters such as fairness and reasonableness are also important, and that is wasn't a bad thing to have Commission make these decisions. Dave Maclnnes moved that the proposed amendment to Section 24-189 be denied, seconded by Craig Burkhart. Chris Lambertson stated that there needs to be more certainty, just like with a variance. Mr. Burkhart stated that rules can be administered by the staff, and if there are problems, the regulations should be changed, not the responsibilities of staff. Mr. Jacobson stated that people wanted these subdivisions to be approved on their merits, not simply as an administrative approvals. Ms. Woods then read from the Code, stating that you need to look at the Comprehensive Plan when considering subdividing of land. The motion to recommend to the City Commission that Section 24-189 remain unchanged was approved by a 4:3 vote, with Lynn Drysdale, Sam Jacobson, and Carolyn Woods dissenting. The meeting was adjourned at 10:45pm. Signed Attest 11 .- AGENDA ITEM #8B FEBRUARY 13, 2006 December 12. 2005 REGULAR COMMISSION MEETING Page 9 recommendation from the Community nevelt) intent board relative to a new single family residential zoning district classification. Moved by Simmons, seconded by Borno Commissioner Fletcher suggested adding agenda item 80 to the motion. Commissioner Simmons stated that the two items needed to be acted upon separately. Commissioner Borne expressed his concern with whether the 100 square foot minimum dimensions would be sufficient for preventing large lots in other areas from being subdivided. He asked that, during their considerations of this item, the Community Development Board revieN the square footage of existing platted legal lots in the City so that all the appropriate areas are included. Votes, Aye: 5 Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 8G. Revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations to remove the administrative approval for certain types of lot, divisions (City Manager) City Manager Hanson noted that consideration of this issue was another request by a Commissioner at the previous meeting. He explained that this would amend Section 24-189 of the code that provides for the administrative approval of the subdivision of one lot into two lots. He stated that the proposed change would require all lot subdivisions to go through the full replotting process and come before the Commission for approval. He noted that the Commission has to decide if they wouldlike to have this item referred to the Community Development Board for further - consideration. Mayor Wolfson asked if Community Development Director Sonya Doerr had any assistance with this first draft. City Manager Hanson noted that both he and the City Attorney had.an extensive discussion of this matter with Ms. Doerr before she had to go on medical leave. Motion: To refer revision to Chanter 24, Land Development Regulations., Article IV; Subdivision Regulations, removing the administrative approval for certain tvpes allot divisions to the Community Development Board for review and recommendation. Moved by Borno, seconded by Fletcher December 12, 2005 REGULAR COMMISSION MEETING AGENDA ITEM #8B FEBRUARY 13, 2006 Page 10 Commissioner Fletcher noted that referral to the Community Development Board is required per statute. Commissioner Borno requested that, in addition to the Community Development Board reviewing certified surveys with the new actions, they also be provided the title search for their review. Votes: Aye. 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 6B. Resolution No. 05-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON DIVISIONS OF LAND, AND PROVIDING AN EFFECTIVE DATE. City Manager Hanson explanted that this item is a proposed moratorium on the re -subdivision of property parcels until the previous two items have been resolved. Motion: Approve Resolution No. 05-14 as presented. Moved by klorno, seconded by Waters Commissioner Simmons inquired how many divisions of land have been requested in the last few weeks since the idea of the moratorium was first. suggested. Building Official Don Ford responded that the Building Department received approximately 21 inquiries on the subject and 8 requests who turned in the necessary paperwork. Commissioner Fletcher brought up infomiation he researched regarding moratoriums in the Tahoe/Sierra arcawhich allowed for more broader moratoriums; Amended Motion: To include the followin6 three ro osed development standards as syecified by Mr. Winter to the moratorium: 1): a building coverage maximum.. 2) a floor area ratio maximum. and 3) a side wall plane maximum. Commissioner Fletcher provided the specific details of each of the proposed standards and explained that these three standards would help prevent the "McMansion" problem in the City, Moved by Fletcher Amended Motion failed cine to lack of a second. The question was called (to approve Resolution No. 05.4 as presented). AGENDA ITEM #8B FEBRUARY 13, 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 City Commission 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. (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 City Commission 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. ve requirements. Such Certified AGENDA ITEM #8B FEBRUARY 13, 2006 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 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 to the City and approved prior to recording of a deed for transfer of 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. Ipitial Effective Date: January 01, 2002 Last amended April 11, 2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 95 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Mandalay Park Design for Mailbox Location Rick Carper, P.E., Director of Public Works January 31, 2006 AGENDA ITEM #8C FEBRUARY 13, 2006 BACKGROUND: At the January 9th meeting, the Commission directed Staff to prepare a plan for a Mandalay Park location for the USPS mailbox formerly at the 5 Points Intersection. The attached sketch shows the proposed traffic island, surrounded by Miami curb & gutter. This proposed location provides a similar movement to the original 5 Points location. In this case, approaching traffic does not have a stop condition to facilitate re-entry into the traffic flow, however, clear sight lines in the north & south directions should make this re-entry relatively safe. To further enhance the location, Staff also proposes to remove the remaining excess pavement along the western side of Mandalay Park, leaving a two foot paved shoulder, to add curbing and to landscape the new green space, including Live Oak trees. The Mayport Road Post Office Station Manager has the mailbox in temporary storage, awaiting completion of City site preparations. RECOMMENDATION: Because of cost and potential safety issues, Staff recommends the Commission reconsider permanent removal of the mailbox. There is concern that northbound traffic on Seminole may pull across 16th Street to the entrance without looking for westbound traffic on 16th. Public Works will leave the 16th Street STOP sign at the current location and add a new STOP sign near Seminole to help alleviate this concern. An additional concern is for people pulling out of the mailbox location without looking for oncoming traffic on Seminole. Until people get used to the new traffic pattern there are going to be issues here. The Public Safety Director has reviewed the design; he agrees it is relatively safe. Also, once the mailbox is in place, the newspaper boxes (pay and free) will start to proliferate at this location. The location on the Selva Marina Drive median is the safest of the locations previously examined. If the Commission desires to proceed with this option, Staff requests a waiver to the City's purchasing requirements (Code Section 2-331, which requires that projects costing more than $10,000 be set for public bid), as authorized by Section 2-336(1). If approved, Staff proposes to have the project constructed by the Point Repair / Concrete contractor, Gruhn May. This will greatly accelerate the speed with which this construction could be completed. ATTACHMENTS: 1) Sketch —Mandalay Park — south end 2) Code Excerpts, Section 2-331 & 2-336 (1) BUDGET: This request is not in the budget. The Commission will have to determine a funding source if this option is approved. Gruhn May's quote for construction of the Mandalay Park option is $16,067.70. REVIEWED BY CITY MANAGER: Feb. 27, 2006 Regular Meeting AGENDA ITEM #8C FEBRUARY 13, 2006 CODE OF ORDINANCES OF THE CITY OFATLANTIC BEACH, FLORIDA (excerpts) Sec. 2-331. Bids --When required. All supplies and contractual services, when the estimated cost thereof shall exceed ten thousand dollars ($10,000.00) shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-336. Same—Exceptions. The formal bid procedure as defined in this division is not required in the following cases: (1) When the city commission, by a vote of the majority of those members present, waives a formal bid procedure; Feb. 27, 2006 Regular Meeting G 70'± MIAMI C LF RB INSTALL (4) BOLLARDS 6' LONG W 0 0 2'± 20'+ 4/± OAK OAK SAWCUT ASPHALT APPROX 125'± TRANSITI❑N MIAMI CURB TO FLATTEN OUT IN LAST 5 FEET (BOTH ENDS). APPR❑X 100 SQ YDS OF ASPHALT & LIMER❑CK TO BE REMOVED, REPLACED WITH 100 SQ YDS OF SOD 10 51± 20 INSTALL STANDARD CURB APPR❑X 60± LF GRAPHI 10 20 IN 1111111111 16TH AGENDA ITEM #8C FEBRUARY 13, 2006 40 80 ( IN FEET ) 1 inch = 20 ft. AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: AGENDA ITEM #8D FEBRUARY 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Improvements to City Welcome S • ns Jim Hanso M February 6, 2006 Mayor Wolfson recently requested that city staff consider making improvements to the city's welcome signs specifically including repainting and lighting. This report is to respond to that request. Repainting; The city has a crew of painters on staff and the repainting and cleaning of the existing welcome signs is already underway. While there is a cost for the time and materials, it is relatively minor and will be absorbed in the normal operating budgets. Lighting; None of the four welcome signs are presently lit. Brooks and Limbaugh Electric, the city's annual electric contractor, has provided a quote for the adding lighting each of these locations for a total of $6,000. The estimated electric bills for the four lights are expected to cost $300 per year. Visibility and Looks of the Welcome Sign; Two of the four welcome signs are easily visible in their present locations considering their size and the speed of traffic. These include the ones in Town Center and at the intersection of Atlantic Boulevard and Seminole Road. The other two on Mayport Road and Atlantic Boulevard at Tideviews are in areas where traffic speeds are much higher making the signs less noticeable. The sign Atlantic Boulevard at Tideviews Park is also across several lanes of traffic from incoming (eastbound) vehicles. The sign on Mayport Rd. is on the left side of the road for incoming (southbound) vehicles. These factors add together to make the signs less visible than may be desired. Some suggestions for these signs should be considered. The first is to move the existing sign from Atlantic Boulevard at Tideviews (33"x95") to replace the sign on Mayport Road (33"x47"). This would increase the size of the sign on Mayport Road and make room for a new and more visible sign on Atlantic. The city could install a new sign that would be considerably larger and still be within the requirements of the city Code which would allow for a sign up to 96"x144". BUDGET: AGENDA ITEM #8D FEBRUARY 13, 2006 Another consideration would be the updating of the sign's appearance. You may want the welcome sign on Atlantic Boulevard to be somewhat more elaborate than the smaller, wood routed signs that we have in other locations. Pictures and diagrams of various options are be attached for your consideration. Code section 17-32 outlines requirements for city signs. Several of these more elaborate signs could meet the Code specifications. Others would require a Code change. Pricing has not yet been obtained on any of these because of the wide variety in styles and types. Mayport Road Location; The present sign on Mayport Road is on the left hand side of the road and on property that is not owned by Atlantic Beach. The property has been made available by Fleet Landing free of charge. The better location for the Mayport Rd. sign would be in one of the new medians when the Mayport median project is complete. One reason the existing location does not look as good as might be desired is a lack of irrigation on that property. The cost to extend water may be more than reasonable if this is to be a temporary location. Atlantic Beach has budgeted a net of $39,000 for a new welcome sign on Atlantic Boulevard. While more is actually budgeted, there are also revenues budgeted from Neptune Beach with the anticipation that they would share in the cost under the original joint -sign concept. Using preliminary estimates, there would be more than enough funds available to buy a new welcome sign on Atlantic Boulevard, for the lighting of all four signs and for other miscellaneous related improvements. RECOMMENDATION: The Mayor and Commission should provide direction on the various alternatives presented in this report for improvements to the city's welcome signs. ATTACHMENT: (1) Examples of other sign types for consideration along Atlantic Boulevard (2) Code Section 17-32 AKTIULE 11. SIUNS PEKM1.1"1'Ell AGENDA ITEM #8D FEBRUARY 13, 2006 Sec. 17-32. Signs placed on public buildings and structures and within public parks. All signs displayed within City of Atlantic Beach parks and upon the exterior of any public building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs displayed on such properties as of the effective date of this chapter, or as such design may be later modified by city commission. Such signs shall display the City of Atlantic Beach logo, as depicted in Figure 1, and shall be similar in appearance with respect to color, lettering, composition, and materials used for construction . Materials used shall be wood, high-density urethane, or similar material, which may be given a sandblasted -type finished surface. Public notice, parking and traffic signs shall be exempt from this provision. http://library3.municode.com/mcc/DocView/10377/1/93/95 1/31/2006 http://www.cuttingedgegraphics. net/0905pictures/Riverbrookweb. jpg http://www. stewartsigns. com/images/church-cornerstone-8-large.j pg AGENDA ITEM #8D FEBRUARY 13, 2006 Municipal Signs by Stewartsigns.com - Identification Municipal Signs - Small Corners AGENDA ITEM #8D FEBRUARY 13, 2006 The J.M. Stewart Corporation stewartsignsocom Phone: 1-800-237-3928 Fax:1-941-378-2765 Address: 2201 Cantu Ct, Suite 218 Sarasota, FL 34232 Small Cornerstone - Sizes & Options Below are the models in the Cornerstone Collection with an overall surface area of less than 45 square feet per side. Two-tone paint and changeable copy message areas are available on some models. 3.3" 1'4" 8'3" 1'2" 5 Model #34 Overall Square Feet:44.03 Model #37 Overall Square Feet:42.5 Model ?#1131 Overall Square Feet: 41 Model #35 Overall Square Feet:44.35 Model t{38 Overall Square Feet: 41.25 Model #36 Overall Square Feet: 44.35 Model #39 Overall Square Feet: 41.25 Model #41 Overall Square Feet: 40.84 Model t;43 Overall Square Feet: 40 Model #16 Overall Square Feet: 32.5 .! 51_. Model #17 Overall Square Feet: 30 Model #14 Overall Square Feet: 40 Model #12 Overall Square Feet: 40 5' 1111Iil ill lit 111111111111111t11111 Model #155 Overall Square Feet: 35 Model #18 Overall Square Feet: 30 The Cornerstone Collection has many different colors to choose from: http://www.stewartsigns.com/municipal-signs-id-sizes-cornerstone-3.htm 1/5/2006 Municipal Signs by Stewartsigns.com - Identification Municipal Signs - Medium Cori AGENDA ITEM #8D FEBRUARY 13, 2006 The J.M. Stewart Corporation stewartsigns.com Phone:1-800-237-3928 Fax: 1-941-378-2765 Address:2201 Cantu Ct. Suite 218 Sarasota, FL 34232 Medium Cornerstone - Sizes & Options Below are the models in the Cornerstone Collection with an overall surface area between 45 and 52 square feet per side. Two-tone paint and changeable copy message areas are available on some models. 8'6" 9 1 r fi ~';'— Model #18 Overall Square Feet: 52 8.¢,. Model #19 Model t20 Overall Square Feet: 50.89 Overall Square Feet: 50 Model 1521 Overall Square Feet: 50 Model t22 Overall Square Feet: 50 Model 1423 Overall Square Feet: 50 Model tl24 Overall Square Feet: 50 Model P27 Model 7;26 Overall Square Feet: 50 Model X28 Overall Square Feet: 42.75 Overall Square Feet: 48.67 Model WO Overall Square Feet: 48 Model k31 1 ■R■RRRRRR■ SER AR■R11111MR ■fit ■R■RRui.■R R■R Model 1126 Overall Square Feet: 40 T 6'3" Model 1429 Overall Square Feet: 48 Model A132 =r erall !:.quare Feet: 48 Overall Square Feet: 45.1 http://www.stewartsigns.com/municipal-signs-id-sizes-cornerstone-2.htm 1/5/2006 TOWN OF CARROLLredaidiw http://signsneversleep.typepad.com/photos/Iincoln_sign_company_muni/bretton_woods. jpg http://www.weathertop.net/Municipal/Warrenville.jpg AGENDA ITEM #8D FEBRUARY 13, 2006 AGENDA 11 LIVE iTiSll FEBRUARY 13, 2006 se•ts,,, Findings r Police Calls for service: 25,793 setting a new department record (10% Increase from 2004) 6,868 Uniform Traffic Citations were issued, setting a new department record (42% increase from 2004) 395 Drug -Related Arrests Arrests increased from 849 in 2004, to 1044 in 2005 (23% increase from 2004) Code Enforcement Continued to respond to more than 2,900 complaints per year, Resolving 99+ percent of the cases Animal Control responded to 2,430 calls which is a new department record AGENDA ITEM #8E FEBRUARY 13, 2006 Significant Findings • Overall Crime Numbers: 15% Reduction Dramatic reduction in Burglaries from 120 in 2004 to 69 in 2005 (42% decrease) Violent Crime showed an increase from 5.03 crimes per 1,000 in 2004 to 5.76 crimes per 1,000 population in 2005 Findings Taser Usage was reduced from 33 in 2004 to 15 in 2005 (54% decrease from 2004) Average Monthly Emergency Response time: 2.3675 Minutes 1 01985 01906 01997 01098 O 1699 02000 112C01 0 2002 • 2003 • 2904 02005 , - Crime Rate ComOrisons per 1,000 Population Atlantic Beach 2005 32.49 Jacksonville 2004 62.53 Florida 2004 45.28 Jax Beach 2004 71.38 Neptune Bch 2004 39.64 AGENDA ITEM #8E FEBRUARY 13, 2006 Police Workload 2002 2003 2004 2005 CaIIs 22,313 22,888 23,354 25,793 Arrests 882 1074 849 1,044 Traffic Citations 5,345 5,214 4,812 6,868 2 Code Enforcement 2002 2003 2004 2005 Total Complaints 2,832 2,970 3,103 2,953 Compliance 2,790 3,042 3,076 2,951 Pending Cases 104 32 59 61 Appeals 1 0 0 0 AGENDA ITEM #8E FEBRUARY 13, 2006 Animal Control 2002 2003 2004 2005 Calls 765 1,665 2,026 2,430 Bites 5 17 24 18 Impounded 121 314 370 242 Traps 45 57 61 54 Adopted 16 47 56 35 Returned to Owners 41 73 84 65 Citations 88 206 282 163 Code Enforcement 2002 2003 2004 2005 Signs 1,339 2022 2,127 2,029 Abandoned Vehs 265 190 178 272 Trash Cans 327 126 165 55 Vegetation 101 125 94 137 Rubbish 136 109 132 22 Right of Ways 103 82 84 70 Animal Ctl Citations 92 40 3 AGENDA ITEM #9A FEBRUARY 13, 2006 February 6, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission Responsibilities of Building Official; It was previously reported that Don Ford will retire from the Building Official's position effective February 13, 2006. As of the time of the writing of this report, arrangements are being made to handle the responsibilities of the Building Official both on a temporary and long-term basis. Responsibilities related to the Tree Ordinance will be temporarily assigned to Rick Carper, Public Works Director. In the long-term, it is anticipated that these responsibilities will be retained under the Building Official's job description. Responsibility for supervision of the two painters will be reassigned to another department head. As of the time of this writing, a fmal decision on the organizational arrangement has not yet been made. We expect to be in a position to announce what arrangements have been made for handling of the building plan reviews and inspection responsibilities by the time of the commission meeting on February 13th. Web Page Usage; The city's website is getting a considerable amount of usage. During December of 2005, there were 15,127 visits to the site for an average of 487 per day. Many of the users are city staff. The web page is what staff members open when they are going to the Internet. Out of the 487 users per day, 355 of these were "unique visitors", which only counts users once even if they may log onto the site repeatedly during the same day. Of the 487 users per day, there were an average of 128 first time users to the city's web page. There were also a surprising number of out of state and foreign users of the city's website. New Rules from Water Management District Limiting Landscape Irrigation to Two Days Per Week; The St. Johns Water Management District has sent letters to local governments advising of their newly adopted rules limiting landscape irrigation to no more than two days per week and authorizing local governments to adopt ordinances to enforce those rules if they choose to do so. A copy of a letter dated January 27, 2006 from Linda Burdette of the St. Johns Water Management District is attached for your review. If the City Commission feels that it is necessary for Atlantic Beach to enforce this new rule on behalf of the Water Management District, then an ordinance can be prepared for your AGENDA ITEM #9A FEBRUARY 13, 2006 consideration. However, customers of the Atlantic Beach water system have already dramatically cut back on their water use in recent years. The City has seen several years of declining sales even though the number of customers served by the system has gradually increased. The decline in consumption results from new plumbing standards requiring more efficient fixtures and, most recently, from the adoption of water conservation rates, which the Water Management District mandated. The average consumption of water per customer has declined by over 20% in Atlantic Beach during the last six years. This decline in per capita usage resulted in a decline in sales volume and decreased the revenues available to Atlantic Beach for operation and maintenance of the water and sewer systems. Because of this decline in consumption, it is my opinion that Atlantic Beach has done more than our share in recent years and that additional enforcement of irrigation restrictions may not be necessary at this time. St. Johns River Water Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director AGENDA ITEM #9A FEBRUARY 13, 2006 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. January 27, 2006 Mr. Jim Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear Mr. Hanson, On Tuesday, December 13, 2005, the St. Johns River Water Management District's (District) Governing Board approved amendments to the water conservation provisions in Rule 40C-2.042, Florida Adnninistrative Code, limiting landscape irrigation to no more than two days a week. This water -conserving practice is being required in addition to the existing provision prohibiting irrigation between 10 a.m. and 4 p.m. The new amendments apply districtwide and will be implemented beginning March 1, 2006. Enclosed is a copy of the amended rule. Although the water management districts have preemptive authority to regulate consumptive uses of water, section 373.609, Florida Statutes, authorizes local governments to assist in the enforcement of District rules. The new rule amendments provide that local governments may elect to enforce the rule limiting landscape irrigation within their jurisdiction by adopting an ordinance that incorporates the provisions of the rule. The District is seeking your assistance in enforcing the new provisions in order to save water and has developed the enclosed model ordinance to assist you should you desire to adopt an ordinance. Please note that one key rule amendment allows water users to select their two irrigation days unless their local government adopts an ordinance identifying the specific two days that irrigation is allowed. If a local government adopts an ordinance with specific irrigation days, those irrigation days will be as follows: • Odd numbered addresses — Wednesdays and Saturdays • Even numbered addresses or no address — Thursdays and Sundays Please note that a local govenunent has the option of designating two alternative days other than those combinations set forth above for non-residential landscape irrigation if needed to address ' utility system -related demands. Additionally, local governments with a jurisdiction divided between the St. Johns River Water Management District and another water management district may propose an alternative schedule of days when necessary to achieve a uniform schedule David G. Graham, CHAIRMAN R. Clay Albright OCALA GOVERNING BOARD John G. Sowinski, VICE CHAIRMAN Ann T. Moore, SECRETARY JACKSONVILLE ORLANDO BUNNELL Susan N. Hughes William W. Kerr PONTEVEDRA Duane L. Ottenstroer, TREASURER JACKSONVILLE Ometrias D. Long W. Leonard Wood MELBOURNE BEACH APOPKA FERNANDINA BEACH AGENDA ITEM #9A FEBRUARY 13, 2006 within its jurisdiction. The alternative schedule must be submitted to the District for review and approval prior to introducing the ordinance for adoption. The new rule amendments also authorize local governments that adopt an ordinance to issue variances from the specific day of the week restrictions provided the applicant demonstrates that compliance with the specified days will result in a substantial economic, health or other hardship. A variance may be granted that allows irrigation to occur on alternative days but may not allow an increase or decrease in the number of days on which irrigation may occur. A variance may also be granted where a contiguous property is divided into different zones so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than two days a week. A variance applicant requesting to irrigate any single zone for more than two days a week should be advised to contact Caroline Silvers at the District's Jacksonville Service Center at (904) 448-7903 for information on how to apply for a standard general permit. A local government is not required to adopt an ordinance. However, ordinance adoption would be necessary if a local government chooses to identify and enforce the specific two days irrigation is allowed to occur or if it simply opts to enforce the District rule that does not specify the two days of the week on which landscape irrigation may occur. The enclosed model ordinance is designed for a local government that chooses to identify the specific days for irrigation. If a local government chooses to adopt an ordinance to enforce the rule under either option, the proposed ordinance must be submitted to the District 30 days prior to adoption. Please note that providing the District with your proposed ordinance will enable us to maintain a current listing on the District's Web site of those local governments that have chosen to implement the specified two -day -a -week restrictions. Questions about the model ordinance should be directed to Melinda Granlund, intergovernmental coordinator, at (904) 448-7904. Local government ordinances should be submitted to the St. Johns River Water Management District, Office of Communications and Governmental Affairs, 4049 Reid Street, P.O. Box 1429, Palatka, FL 32178-1429. We appreciate your assistance with the implementation of the new water conservation provisions. If you need more information about the rule, visit sjrwmd. com and click on "irrigation rule," or call the Office of Communications and Governmental Affairs at (800) 725- 5922. Sincerely, Linda Burnette Director, Office of Communications and Governmental Affairs