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9-11-06 Agenda Packet v0 a CITY OF ATLANTIC BEACH CITY COrVrM LssION MEETING SEPTEMBER 11, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Annrove minutes of the Regular Commission meeting of August 28, 2006. 2. Courtesy of Floor to Visitors 4 TJnfiniched Business from Previous Meetings A. City Manager's Eollow-up Report (City Manager) Consent Agenda AT T. MATTERS T.TSTFT) TTNDE.R THE CONSENT AGENDA ARF CnNRTTIFRFTI TO RF. Rill TTTNF. RV THE CTTY CnMMTRRTON ANTI WTT T. RR FNACTFD BY ONE_ MnTTnN TN THE EnRI LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT TTEM WILL BE REMOVED FROM TTW CONSENT AGENDA ANT) WIT T. RF. CONSIDERED SRPARATF.T.Y. STTPPORTINCT TInC.TIMRNTATTnN AND STAFF R FC.fMMENTI ATTONS HA VF. RFFN PR FVTnT TRT .Y RT TRMTTTF.f Tn TNF CITY CfMH MTRRTfN ON TFRF. TT ..MR A. Acknowledge receipt of New Occupational 1 dcenses issued in August 2006 (City Manager) B. Extend the contract for Orthophosphate for one adhlitional year to Calciquezt. Tnc. (Rid No. (11114-74) at the current contract prices (City Manager) C. Extend the welding "ontract for one additional year to Ace Fabrications, LLC (Bid No. 0405-22) at the current contract prices (City Manager) 5. Committee Reports None 6. Action on Resolutions A. RESOLUTION NO. 06-12 A RESOT.TJTTON OE THF. CITY nE ATT.ANTTC REACH, ET.ORIfA RPSCTNT)TNCT RPSOT.TJTTON Nn, O5-14, TNF. RFSfT.TJTTfN TMPOSTNCT A MnRATnRTTTM (IN TITVTSTfNR nE T.ANr\ ANTI PRnVTTITNC, AN FFEFCTTVF. DATE 7. Action on Ordinances A_ ORDINANCE NO. 90-06-195, Final Reading and Public Nearing AN ORDINANCE nE THF CITY nE ATT.ANTTC. REACH, COT TNTY nE TIT TVAT.. STATE. nE ET11RIDA. AMF.NDTNG CRDIN ANCP NTTMRFR 911_111_1T). RATTI OR DWI ANCF. R F- A TIOPTTNG CHAPTER 211. ANTI TNCLT TIITNG AI L SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE. ITT, DIVISION 7, SUPPLEMENTARY RPGTJT.ATTONS, (W THE COIF OE ORDINANCES EOR THF. CITY OE ATT.ANTTr. REACH, FT.nRTT) A TS HEREBY AMFNTIF.TI TO APP NFW 1 SECTION 24-172, RPSTDF.NTTAT. DF.VF.T.nPMF.NT STANDARDS, PROVTDING EOR RF.CORDATTON ANT) PROVIDING AN RFFECTTVF. TATE, B. ORDINANCE NO. 20-06-80, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPER ATING RI TDGF.T FOR THE CITY nF ATT. ANTIC REACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDTNG SEPTEMBER 10, 2006 C. ORDINANCE NO. 80-06-73, Introduction and Eirst Reading AN ORDINANCE. AMENDING CNAPTFR 77 =TT.TTTFR, ARTTCT.F TT. SFCTTnN 77-77 r!uARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE AND VOLUME CHARGES FOR RESIDENTIAL, IRREGATTON AND COMMERCIAL CUSTOMERS: AMENDING ARTTCT.F. ITT WASTEWATER SYSTEM, DIVISION SEVEN, SF.WF.R USER RATES AND CTTARCMS, SECTION 77-166 MONTTIT.Y WASTEWATER RASE EACTT .TTY CT-TARGRS IC) TNCREASF. RFSTDFNTTAT. AND COMMF.RCTAT. RASE CHARGE RATES: AND AMENDING SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR WASTEWATER VOLUME CTNARGF.S FOR RFSTDFNTIAL ANT) COMMER CTAT. CT TSTOMF.R S D. Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance No. 20-06-81 establishmg the Operating Budget for Fiscal Year 2006/2007 AN ORDINANCE ADOPTING THE FINAT. BUDGET FOR THE CITY OF ATT.ANTTC RF.ACIT, ET.ORTDA FOR FTSCAT. YEAR BEGINNING OCTOBER 1, 7006 AND ENDING SFPTF.MRER 10, 7007 E. Ordinance No. 45-06-18, Introduction and First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC REACH, AMENDING CHAPTER 20, TAXATION, ARTTCT.F. ITT, nCCTTPATTONAT. T.TCFNSE TAX, AMENDING TNF TERM T.00AT. ()CCTTPATTONAT. T.TCFNSF. TAX TO T.00AT. RTTRINESS TAX; AMENDING SECTION 70-51. DEFINITIONS. TO CHANGE THE PERM FOR LOCAL OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX AND TO ADD A DEETNTTION FOR RECEIPT AS IT RFT.ATES TO BUSINESS TAXES; AMENDING SF.CTTON 20-59, SCITEDTTTE. OE FEES; AMENDING PROVTSTONS IN ARTTCT.F. TV. INSTTRANCE PRFMTTM TAXES, SFCTTONS 70- 76 TT -TR CIE TGN 70-7R, In CONFORM TO TATS NF.W TPRMTNOT.OGY: PROVIDING AN EFFECTIVE DATE R. Miscellaneous Business Nnne Q. City Manager A. City Manager's Report 10. Reports and/or reuuPcts frrom City CnmmiccinnPrg and City Attorney Adjournment 2 Tf 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 tn he hased. Any person wishing to speak tn the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. every effort is made to indicate what actinn the City Commissinn 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 2R6.26, Florida Statutes, Persons with disabilities needing special accommodation to participate in this meeting shnuld contact the City Clerk by S:OO PM, Friday, September R, ?OW MINUTE S REGULAR CITY COMMISSION MEETING August 7R, 7nn6 (1 'TTY HALL, Son 4RMTNOT,R ROAD A ttendance IN A TTFNDANCF.: Mayor Donald Wolfson Mayor Pro Tem T. Dezmond Waters III Commissioner Mike Rorno Commissioner Sylvia N. Simmons Commissioner Tamie Eletcher city Manager Tim Hanson City Clerk nonna T. Bussev City Attorney man C. Tensen Call to nrder/Pledge Mayor Wolfson called the meeting to order at 7:1 S p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Mayor Wolfson. Mayor Wolfson explained he intended to keep the agenda in order except for Item 1 C on the Consent Agenda which needs a Puhlic Hearing and therefore will be addressed during Miscellaneous Business. Mayor acknowledged that many citizens were present to speak in regard to Ttem 7A and explained they should wait until the Puhlic Hearing for that Ordinance is opened. Further instructs were given. Mayor Wolfson acknowledged former Mayors John Meserve and Rill nulliford and former Commissioner Rick Beaver who were in the audience. Approval of Minutes 1. Approval of the minutes of the Reg"lar Cnmmicqnn Meeting on August 14, 2006 Commissioner Borno noted there were ten (10) typographical errors which where caught and were provided with hlue highlighting for consideration. Motion: To approve the minutes of the Reg"lar Commission Meeting nn August 14, 2(1(16 with the ten (10) highlighted corrections. Moved hy Porno, seconded hy Waters Votes: AyP: 5 - Rorno, Fletcher, Simmons, Waters, Wo1ffnn Nay: M(1TT(1N ('ARRTFTI Courtesy of the Floor 2. Courtesy of the Floor to visitors The Mayor opened the floor to visitors. Chip Drysdale, 7i 1 Ceminnie Rail, spoke regarding a permit problem. He presented background infouuation on his plans to renovate and his multiple, unsuccessful attempts to get it approved and petinitted. He advised he asked the City Manager if a private inspector could be used and was told he could not due to quality Committee Reports August 28, 2006 REGULAR COMMIQQTON MF.FTTNf Page 3 B. Approve renewal of employee wealth Insurance with Aetna effective October 1. 200E for a one year period and retain the current benefits and City/employee contribution ratios (City Manager) r . g' Approval of a T Tse -by -Exception for Landsharlr Cafe to allow for the on - premise consumption of beer and wine in association with a restaurant within the Commercial (eneral (CG) Zoning District at 1013 Atlantic Boulevard within the Atlantic Village shopping Center (City Manager) 'Mayor Wolfson reminded the Commission that Ttem AC has been removed from the Consent agenda and will he acted on later as a Public Hearing Item. Motion: To approve Consent Agenda Items 4A and 4R as presented. Moved by Waters, seconded by Fletcher votes: Aye: 5 - Borno, Eletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports None. Action on R esolutions 6- Action on Resolutions A, RFSOT,TTTTON NO. 06-09 A R FS nT .T TITnN nE THE CITY OF ATLANTIC RFA AT TTTTnR TZTNC, IT -IE CITU M A N A (,FR Tn F.XF.CT TIF. A MAINTENANCE CONTRA CT PPIWF.F.N THE CITY OF ATT . ANITC PEA CH AND THE FLORIDA DEPARTMENT nE TRANSPORTATION, AND PR nvmTNCT AN EFFECTIVE, DATE Mayor Wolfson read the Resolution by title only. CommiQQioner Eletcher asked whether there are any areas that the city maintains that are not on the list to be reimbursed by the Elorida nepartment of Transportation. City Manager Hanson believed that all the areas on the state right-of-way are listed. Commissioner Eletcher asked whether areas near Fleet Landing were heing maintained and whether the City is reimbursed. Public Works Director Rick Carer answered the city is maintaining a small area North of the Ttangaroo station where the Welcome to Atlantic Reach sign is located and the City is not being reimhursed. CommisQioner Waters questioned the amount of reimbursement compared to last year. City Manager Hanson explained there is an increase to the reimbursement which is due to areas being added to the contract. Motion: To approve this maintenance agreement contract renewal with the Florida nepirtment of Transportation (EDOT), and that the Commission pass Resolution No. 06 -no approving the new contract as required by the FDOT, and authorize the City Manager to sign the Renewal Agreement. Action on Ordinances August 28, 2nn' RF.(_'TTT.AP C(IMMTRRTON MEETING Page C Votes: Aye: 5 - Borno, Fletcher, Rimmons, Waters, Wolfson Nay: 0 MOTION CARRIED 7. Action on ordinances A. ORDTNANCF N(1. 9(1_86-195, Tntrodnction and Public Hearing AN ORDINANCE OF TT -TP CTTV OE ATT.ANTTC REACH, COTTNTY OF DUVAL, STATE. OF FT,ORIDA, AMENDING (IR nTNANCF. NTTMRF.R 9n-01-172, SAID ORT)TNANCF RE -ADOPTING CHAPTER 2d. AND TNCT.TTUTN(1- ATI. STTRSFOTTENT AMF.NT)MF,NTS THERETO, THIS ORDINANCE. CPPCTFTC.AT.T.V AMEN )ING ARTTCT.P. TTT, T)TVTSTON 7, SUEPT,F.MENTARY REGULATTnNR, OE THE CODE OF nRfTNANCP.0 EnR THF CTTV OE ATT.ANTTC BEACH, FT.ORTDA TS HEREBY AMENDFn Tn Ann NFW SPCTTON 24-172, FSTfF.NTTAT, T)F.VF.T,OPMF.NT STANDARDS. PunVTnTNCT EOR RPCnPT)ATTnN ANT) PROVTDTNG AN EFFECTIVE DATE. Mayor Wolfson explained the process for citizens to speak during the Public Hearing. Mayor Wolfson read the ordinance by title only. T -Te opened the public hearing. The following citizens spoke during the public hearing on Ordinance No. 90-f16-195: Robert (Bob) Harris, Sr., R07 ocean Rlvd., spoke in opposition T,izzie Byrnes, 191 Eighth Street, spoke in opposition Former Mayor John Meserve, 2126 Beach Avenue. spoke in opposition Former Mayor Rill G niliford, 75 Reach Avenue, spoke in opposition Jane Wytz>ra, second Street, spoke in favor Stephen Fouralrer. 3R7 Sixth Street, spoke in favor Lindley Tolbert, 334 Sixth Street. spoke in opposition Robby Raymond, 180 Ninth Street, spoke in opposition Brian Sexton, 120 Ninth Street, spoke in opposition Carol MikP112 1771 Rea Oats Drive, spoke in opposition Larry Whitehead, 50 Sherry Drive, spoke in opposition Jack Robbins, 1435 Linkside Drive. spoke in favor T.ynette Tyson, 110 Eighth Street, spoke in opposition Rryan Rarker, 620 Reach Avenue, spoke in opposition Leah Barker, 690 Reach Avenue, spoke in opposition Sharon Scholl, 20d9 Se1va Marina Drive, spoke in favor .roan Carver, 46 Fifteenth Street, spoke in favor Coe Snead, 261 Reach Avenue, spoke in opposition David MacTnnes, 171 Eifth Street, spoke in opposition Mike Witherspoon, 679 ocean R10., spoke in opposition .Tim Campbell, 2055 Beach Avenue. spoke in opposition Rob Castro, 412 Ocean Blvd. , spoke in opposition RM. De Carle, 51 Reach Blvd. , spoke in opposition Gabriele Polytinsky, 158 Sixteenth Street, spoke in favor Richard Ren, 1952 Reachside Court, spoke in favor Steve Milo, 417 ocean R1vd. , spoke in opposition A „g„s+ ?s, ? nn6 RF(TTT•AR COMMISSION MEETING 2.2,2 7 Mayor Wolfson called the meeting back to order at 10:51 pm. Mayor Wolfson explained that many speakers expressed emotion, compassion and anguish. He expressed sadness over what has happened to the Community over the last year and has been a loss for all. He believed this issue is the most difficult issue he has ever heen involved in but is glad to be a part of it. He shared his opinion that this issue has hrought on divisiveness that will not be easy to bring back together. T -Te expressed his sadness that his neighbors, citizens and friends will have to walk down their streets and feel anguish and torment caused by this Community Character issue. Mayor Wolfson expressed his respect for the Cave Atlantic Reach movement. Motion: In approve Ordinance No. 90-06-195 on the first reading. Moved hy Fletcher, seconded hy Simmons Commissioner Borno expressed his opposition to the proposed Ordinance as it is written. T -Te explained some things in the Ordinance has value and can he comhined with our existing ordinance to control bulk and mass. T -Te helieved that a EAR is dictatorial and a number can never be determined to describe the diverse community character of homes throughout the whole city. Commissioner Borno believed that the following factors should he incorporated in an ordinance: Wall plane heights, side wall planes, special treatment for lawful existing single and multifamily homes, and structures that are damaged and destroyed. Commissioner Borno expressed sadness to friendships being affected by this issue. Commissioner Waters explained that the process has been going on for more than two years and something needs to he done. T -Te further explained that if the FAR does not worlr. it can he changed in the fiiture. >-Te helieved property values will still go up if the ordinance is passed and expressed he does not live in Atlantic Reach for the dollar value of his property. He hopes to preserve the way of life the community is used to. T -Te provided a history of height issues and effeL•ts from past decisions. Commissioner Simmons explained she does live in "Old Atlantic Beach" and that her decision is neighborhood driven. She spolre to many citizens on both sides of the issues over the past three years and have studied and considered components such as: her house; her neighbor's houses; landscaping; pedestrian -friendly front doors and porches; rear detached garages five -feet from property lines; numbers that are considerably different than the consultants numhers; preserving and protecting the neighborhood while still allowing for newer and larger developments; community character; and property values. Commissioner Fletcher explained the Community Character issue has been studied for three years and he is ready to vote. Mayor Wolfson explained there are many people with a misunderstanding of the calculations and gave an example of one. He agreed that the issue can he confusing. Mayor Wolfson read from a FCCIlMA White Paper, titled RInrrrla Hometown nemocracy Initiative regarding the legislative process and was sent out hy the Florida August 28, 2006 REGULA1 rv►NTNrrccrnN 1V F. TING Page 9 Corey Fox, owner of the Landshark Cafe explained his wishes to serve beer and wine at the restaurant. Mayor Wolfson closed the puhlic hearing. Motion: Approve a Use-hy-Exception for T.andshark Cafe to allow for the on - premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District at 1 fll z Atlantic Roulevard with the Atlantic Village Shopping Center. Moved hy norm, seconded hy Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION C'ARRIFn Action on ordinances B. ORDINANCE NO. 20-06-80. Intrndnction and Eirst Reading AN ORDINANCE AMFN1IN(i' THE, OPERATING BUDGET FOR THE clay nE ATLANTIC BEACH, FLORIDA FOR FISCAL, WAR BEGINNING OCTOBER 1, "OnANn FNnTNG SEPTEMBER 30, 2006 Mayor Wolfson read the ordinance by title only. Motion: Approve ordinance No. 20-06-80 as presented on first reading. Moved by Borno. seconded hy Waters Commissioner Borno explained the purpose of the ordinance. Votes: Aye: 5 - Rornn. Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business S. Miscellaneous Business Hopkins Creek R egional Retention Facility — Land purchase (City Manager) A. City Manager Hanson explained the hackground of this item. He advised that a puhlic hearing would be held tonight and +hat the consultants are in the audience. Mike Schmidt, E.F.. RCFF, Vice President of Camp, Dresser and McKee. 446 Inland Way, explained he was there to address questions that have come up and to address the last step in the long-term flood control water quality improvement project for the city which is attached an made part of this official record as Attachment C. T -Te presented a slide show. T -Tis presentation addressed the plan to handle flooding and explained that conveying the water downstream would cause flooding in Neptune Beach. T -Te suggested scoring the water, which not only reduces the flooding but is good in terms of protecting downstream interest, protecting water quality and making the system consistent with Federal and Sfate T egislation. August 28, 2006 REGULAR COMMTCCT(1N 1WVFTTNC Page 11 City Clerk Bussey explained her recommendation as indicated in her staff report and noted that it is the same as it was at the last meeting when action was deferred. She explained her reasons for the request and the need for paying the position properly. She helieved since the proposed "Administrative Assistant" job de'cription was not scored with the Certified Municipal Clerk (CMC) designation factor, extra point. chonld he added and thus raise the position up another grade upon obtaining that Certification. She explained the process and criteria for obtaining the CMC. Mr. Hanson indicated that his recommendation has not changed from the last meeting. Commissioner simmons expressed that she would like to break it out into two motion. Motion: To approve the reclassification of the "secretary" position from a Grade 15 to a Grade 17, change the title to "Administrative Assistant to the City Clerk" and place into the pay scale using normal city procedures. Moved by Simmons, seconded by Horno Commissioner Simmon reported her research from discussions with City Manager Hanson, City Clerk Bussey and Human Re.onrre Manager Foster. She believed the logical and more appropriate grade for the proposed Admini.trative Assistant to the City Clerk joh description would be a Grade 17. She pointed out the other similar administrative positions are called Administrative Assistants, their classified at a Grade 17, and they do not require a college education. Commissioner Waters wanted clarification why the Grade should not start at 1 6. Commissioner Simmons explained 1) there are factors for scoring a job 2) all other Administrative Assi.tant. score at a Grade 17 and 1) there are no other positions scoring at a Grade 16 that have these admini.trative responsibilities. Commissioner Waters believed the motion should be amended to inrinde the second part of the recommendation which he stated "Tn addition, create a position called Deputy City Clerk at a Grade 1R to which the Administrative Assistant would automatically advance upon receiving the Certified Municipal Clerk (CMC) status. He believed that someone with a CMC i' more likely to have a higher level of education or a college degree. Ms. Bussey explained that a college degree was not a previous requirement for the CMC, but for those people who have not started the CMC's 1 -year program, a college degree requirement will he in effect by the time they can apply for the Certification. Mayor Wolfson asked for clarification from Commissioner Water. whether he is making a motion to amend. Commissioner Waters agreed that it was his intent to make the motion and Mayor Wolfson asked for a second. Motion: To amend the motion to include, "In addition, create a position called "neputy City Clerk" at a Grade 18 to which the "Administrative Assistant" would automatically advance/promote to upon receiving the Certified Municipal Clerk (CMC) status. Motioned by Waters. Motion died due to a lack of a second. City Manager Angnst 28, 211116 REGULAR COMMISSION MEETING Page 13 Mc. Tussey confirmed that a CMC is not required to perform City Clerk duties and pointed out that she will have her CMC effective November 1, 2006 which is the first month following her two year membership requirement. Commissioner Fletcher indicated he was in favor of splitting the motions to get the immediate issue of the Administrative Assistant position approved and advertised and explained that is why he voted against amending the motion. He believes tremendous pressure is being placed on the City Clerk's office as well ac other departments and recognizes the need to advertise the position. Votes: Aye: - Rorno, Edetcher, Simmons, Waters, Wolfson Nay: n MOTION CARRTF1) 9. City Manager A. City Manager's Report City Manager Jim Hanson indicated that he would hold his reports for another time. Reports/Requests 1 h. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for appointment to the Conde Enforcement Hoard (Mayor) Commissioner Waters explained that the Board Member Review Committee met and interviewed applicants for the Code Enforcement Board and that some of those applicants are also being considered for the Community nevelopment Board. He reported that the consensus was to Yecommend appointing Tuliette T-Tagist to fill the current alternate member vacancy. He also reported the consensus to recommend R ay Martin to fill the alternate member vacancy, if another vacancy occurs in the near fixture and Tuliette Hagict moves up to fill the regular member vacancy. Motion: To appoint Juliette Hagist as an alternate member to the Corte Enforcement Roard to fill the current vacancy, to appoint Ray Martin to fill the next future vacancy of the Corte -Enforcement Board as an alternate member and Juliette uagist would move up to serve as a regular member . Moved by Wolfson. seconded by Borno Commissioner Fletcher mentioned that, based on comments during the Neighhorhood Chat, he is working with the City Manager regarding rental issues. Mayor Wolfson thanked him for taking on the issue. Adjournment August 28, 2006 REGU'.A1 CnvnurccrnN 1VTTi.FTTNG Page 15 Votes: Aye: 3 - Rorno, Simmons, Wolfson Nay: '2- Eletther, Waters MOTION CARRTFT) Commissioner Rorno ➢ Reference Mr. nrysdale's issue and expressed the need for the city to work out the problems. Commissioner Simmons • Agreed with Commissioner Borno and added that the city is in need of a regular fill -time Building Official. Mayor Wolfson asked Mr. Hanson to report on the status of hiring a Building Official. Mr. Hanson reported the recent history and status of the efforts and explained the reason the current building official is being contracted for three days a week. T -Te expressed that he is not in favor of allowing people to use outside inspectors for permits. • TTrged the Commission to review the FDOT document that was given to each of them which is a traffic impact analysis pertaining to the proposed Walniart in Neptune Beach. Commissioner Eletther • Expressed he is truly honored to serve. Commissioner Waters ➢ Shared his opinion that many people spoke tonight and it went rather well. He commented that the citizens in Atlantic Beach are an extremely mature crowd. • R eported that he attended the Big Brother and Big Sisters breakfast meeting last week and they are looking for mentors. He expressed wanting to encourage people to sign up for mentoring children since he believes mentoring makes a big difference in a child's life. Mayor Wolfson • R eminded the Commission the final Budget Workshop is scheduled for Wednesday, August loth at 5:ff pm. There being no f»rther discussion, the Mayor declared the meeting adjourned at 17:11 am. ATTEST: Tonna L. Bussey City Clerk nonald M Wolfson, Mayor/Presiding Officer 0 m CO 0 tn W O W 5 . rn rn • o� rn \ u 0 H w o a z \ .7 H CO S rn 0 m 171_ CO • a 0 W a LICENSE ACITIVIICI( 2 NE4 ACENSE3 FDR • xc BUS PHD JE CL. SIFICAICION m rl rn W a • C.1) rn rn rn zz V V rn rn Li 1 H a 904-220-7804 BEAUTY 3UIPIP .JY 0 o r a0 ri m Ln 0 0 0 0 0 904-247-L728 CUSQ'DMI: a ING/DET AI L Ft a m 06-00006530 G7 m � T ry 0 N Q m W x rn L! rn • H m o au • V V r.,�e S U] ^y a 0 • Q,' sco gLne m 0 0 0 0 0 D ITDIPALS u rn 7 W u - Lta 0 0 0 0 m AGENnA ITEM # 4A SEPTI BER 1.200 AGENDA ITEM #4B SEPTEMBER 11, 2006 A CENT) A ITEM: CITY OE ATLANTIC REACH CITY COMMISSION MEETING STAFF REPORT Fxtension of Annual Contract for nrthophosDhate Rirl No. 0304-74 SITRMITTFD BY; Donna Kaliizniak, TTtility Directo DATE: August 29, 2006 BACKGROUND: nn September 14. �nn4 hid were opened for the rites annual contract for nrthr,phosphate for the water treatment system. The low bidder with the product meeting all specifications was Calciuuest, Tnc. This firm successfi,lly met all hid requirements. Calciquest, Inc. has been providing orthophosphate to the City for several years. The cost of $0.54/pound is reasonable and deliveries are timely. The City has contacted Cal ciquest, -Inc. regarding an extension of their current contract for one year at the current rates and they have agreed. As Der Bid No. 0304-74: "The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance by vendor for the previous year." The vendor has agreed to renew his contract. and staff has been pleased with the performance of this contractor. MIDGET: Funding is included in the Water Treatment fund under account no. 400-5502-533-5200 in the amount of %7,000. RECOMMENDATION: Extend the contract for Orthophosphate for one additional year to Calciquest. Tnc. at the contract prices. A TT ACM/TENTS: 1, Tetter of agreement to extend contract from Calciquest, Tnc. REVIE.NW'.D BY CITv MANAG Cue Pq nC na:47p Calci9uet 704-822-m:12? Er^m: u171(n1Dwn Paae: 1/1 Date: 8428/2006 3:10:37 PM August 22, 2006 - EAY: X04-822-0922 Mr. Graig Principi t'•A1ducat. Tn0. RE: Extension of Rid No. 0304-24 Nun' Mr. Principi: P.1 A r PNnA ITEM #4B SFETPMBER 11.2006 CITY OFATLANTXC BEACH PEPARr ENT OA PU)31.,(C WORKS I inn s A IvnPTPP'D 1 ANTI ATLANTIC BFACH_ FLORIDA 1,77.11-4118 .ppsanNE: (904) 247-5834 FAX: (904) 247.3111 4iRtH'nMc ssa_5au www,coab.us As you are aware, the annual con±r t with t1,P. City of Atlantic Keach for Orthnphosphatp expires September 30, 2086. We would like to extend the contract for another year at ?hr. current prices, if this is acceptable. to volt* company. If acceptable, please sign below and return by fax to me September 1, M_ CO 1 ram prepare a staff report for the City Commission. We Took forward to recomrnl ndin2 that wP continue our =tract with your etimtany, Sincerely. Dom TCaluzn}a Utility Director CALCIQ1TrrgT. INC. AGREES To 'EXTEND THE CONTRACT EOR (WTHAPHOSPHATE wrm TUE (Try nF ATLANTIC ERACH Al THE }'RICES SUBMTITFi IN H1T1 NO. 0304-24 FOR AN AnninoNAL YEAR EFFECTIVE CICTfBER 102006. • Mr cage reCgjveel by Calci(]uPcd Inc, All RighfcResign/ad, AGENDA ITEM #4C SEPTEMBER 11, 2006 CITY OF ATLANTIC RF. A Cu CITY COMMISSION MF.FTTNC: STAFF REPORT Af_F.NDA TTFM: Extension of Welding Annual Contract Bid No. 0405-22 SITRMITTF,i) RY: Donna Kaluzniak. Utility Direct() DATE: August ?S. inn( BACKGRnTTNn• nn August 74, 2005, bids were opened for the City annual contract for Welding. The low hidder was Ace Fahrications, T•T,C. They successfully met all bid requirements. This work requires specialized skill, experience and equipment. Ace Fahrications' personnel have the required background, knowledge. experience and equipment. The fees charged hy Ace Fabrications, LLC for labor and materials have been veru reasonahle and competitive. City has spoken to Ace Fabrications, LLC regarding an extension of their current contract for one year at the current rates and they have agreed. As per Bid No. 0405-??: "The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance hy vendor for the previous year." The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. MIDGET: These services are used on an as -needed basis. and funding is included in the Water and Sewer Funds in the amount of approximately $39.000 under account numhers 400-5502-511-1400, 410-5506-535-3400 and 410-55nQ-535-unn, RF.CfMMF.NTIAIION: Extend the welding contract for one additional year to Ace Fabrications. T .T .C' at the contract prices. ATTACHMENTS: 1. Letter of agreement to extend contract from Ace Eahrications, T.T-C. REVIEWED BY CITY MAMA(='FR AUgUst 24, 2006 PARC: 3$4135)3 W. Ch.rless Prestos Atcc VahricatlPAs LLC EXlcnsio.n. of TiC1 No. 04()5-='2 Dear Mr, Preston; A.a ynn are awl, the annual contract wit expires Septmber tO, 20m. She wr,•►uid 1 current prices, it -this is ecceptabl& to your AapmnA ITEM #4C SFPTFMRFR 1 1, 9nn6 CITY oR,A,ILANTre BRACH DUHP RTMsNT OF DUBLUC WOPKS 120 QA!,Thvtorlo t.A N -a Alt.ANf17C BRACH, PL.ORmA 32211-.01$ tELEPHONE: f.9O4) 247-5834 PAX; (J{141 Z41 -i$11 SVNCOM: 852-5834 up w•rOdSPt I the City of Atlantic each for Welding ke to end the contract rr another year at the wrnpan.v. if at cetahie, oIea$ sign below and cerin to roe September 1, 2606. so I can prepare a staff report for the City Commission. ission. We look forward to, recommending that rl,nna icahlznif4k Utility Director c continue our contract with your company, =SCE FABRICATIONS ime AGREES TO EXTEND THE enNTRAJJ llama TRE CITY OF ATLANTIC BEACH . T THE PRICES SUBMITTED TN BID NO. 114U5-22 EOR A 4TDITIONkI. y Alk rcT IVF ACTOBFR 1, 3fW!6_ A rFNDA ITEM #6 A •F2TEMBER 11, 9nr% RFSfIT,TTIIf1N Nfl, 116-11 A RF,SOLTTTION OF THE CITY OF ATLANTIC BEACH, FLORIDA RESCINDING RFSOi.TTTiON No. O5-14, THF RESOLUTiON iMPf1SING A M(iR AT(iRTTTM (iN DiViSiONS OE LAND,_ AND PIZnVJT UN( AN 1 FFEECTIVF. 11 ATV WHFRF,AS, the City Commission on December 12, 2005, passed Resolution No, 05-14, which imposed a moratorium on quasi-judicial or legislative/administrative approval of divisions of land in the City of Atlantic Reach, and WHEREAS, recent legislation passed by the Cites Commiccinn has changed certain zoning classifications so that the public need for the moratorium no longer exists. N(iW THF.RF.EORF, he it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1. The moratorium on division of lands imposed by Resolution Nn. n5 -l4 icz hereby rescinded. Section "). This Recnlutinn shall take effect immediately upon its final passage and adoption. PASSED by City Commission on this day of ATTEST: DONNA T.. BUSSEY City Clerk Approved as to form and correctness: AT .AN C. JENSEN, ESQUIRE City Attorney DONALD M. WOLFSON Mayor AGENDA ITEM # 7A SEPTEMBER 1 1.2006 nRDINANCF NUMBER 90-06-195 AN ORDINANCE, OE THE CITV OE ATLANTIC REACH, COTTNTV (lE+ DIIVAL, STATE OE El,ORIDA, AMENDING ORDINANCE NTTMRF.R 90_01_177, GAIT) ORDTNANCV RV.._AT)OPT NG CHAPTER 24, AND INCI.TTDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICI,F, III, DIVISION 7, SUPPL,EMF,NTARY RF.GITI,ATlONS, OE THE CODE, OE ORDINANCES FOR THE CITV OE ATLANTIC REACH. El.ORTDA IS HF.RF.RV AMENDED TO A1111 NEW SECTION 741-177. RESIDF.NTIAI. DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City of Atlantic Reach, under the authority of Chapter 166, Part T. Florida Statutes, The MCipal Home Role power Act, such authority being restated within Section 4. General powers of the City Charter. as reaffirmed. and also under the authority of Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development Regulation Act, establishing authority to adopt Land Development Regulations and issue Development Orders; all providing broad authority to plan for and regulate the 11CP, and development of land on the hack of the impart such development may have on theCity. and WHF,RF.AS, pursuant to such authority, the City has divided lands into Zoning Districts, has adopted a Comprehensive plan, and has adopted regulations to guide the filture use and development of lands within the City. Said T.and Development Regulations, inclusive of the Comprehensive Plan. applicable Building Codes and also the requirements of other agencies having regulatory authority over the City, are intended to, among other things, promote the general health, peace, safety and welfare of the inhabitants of the City; and WHEREAS, the City of Atlantic Reach filrther intends to promote. protect. and improve the good order. appearance. and general welfare of the City and also to prevent the overcrowding of land and to protect natural resources and the traditional residential development patterns within the City, and Page 1 of 7 Ordinance Number 90-06-195 Effective Date: AGENDA ITEM # 7 A SEPTEMRPR i i , 2nn6 WHEREAS, the City Commission finds that existing T.and Development Re ulatinns allow for develnpment to nccur in residential areas of the City, particularly in nider established neighborhnndc within the City, which may he incompatible with such neighhnrhnodc because of excessive size and mass, and proximity to neighboring properties, and which may also result in the excessive destruction of vegetation and tree canopy and the excessive loss of light, air and breezes, and WHEREAS, such Lanrl Development Regulations have also provers inadequate to limit or preclude new development, which is out of scale and with established traditional residential buildings within in the City's older established neighborhoods, and such regulations also fail to discourage the redevelopment nf residential lnts in ways that may be inconsistent and incompatible with the histnric and existing built environment as required by Pnlicy A.1 .4.4 of the Comprehensive Plan. and WHEREAS, such excessive development negatively changes and impacts such established neighhnrhnods through loss nf character, npcn space, views, breezes, tree canopy and a sense of privacy: and WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth within C1hiectives A.1.4 and A.1.5 nf the 7n15 Comprehensive Plan, which is adopted by Ordinance N„mbeT 11 -n4 -n1, to encourage fi"ture develnpment and redcvclnpmcnt, which retains the exceptionally high quality of life and the predominantly residential character nf the City of Atlantic Beach and which provides for the preservation and prntectinn nf the dense tree canopy of the City. It is the expressed intent of the City to protect and maintain the unique neighhnrhonrl character of established and traditional residential areas throughout the City, and WHEREAS, following public hearings, public participation wnrkchops with interested citizens, the Community Development Board and the City Commission, public hearings to enact this (Iv -finance were held by the City Commission for the City of Atlantic Beach on August 28, 7nnt and September 11, 7nn6. Tn cnnsideratinn of public participation and comments, and in suppnrt nf stated pnliCLs nf the City, including applicable gnals, nhjectives and polices as set forth within the adopted -)015 Comprehensive Plan, the city Cnmmissinn herehy finds that adoption of this Ordinance and these Residential Development Standards shall he in the hest interests of the citizens of the City of Atlantic Beach and shall serve to implement such gols. ohicctivcs and pnliCies. NOW THEREFORE, BE IT ENACTED BY THE CITY COmmiSSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Page pf 7 frdinancc Number 90-06-195 Effective Date: AGENDA ITEM # 7A SEPTEMBER 11. 2006 SF,CTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article TTT, Zoning Regulations, Division 7, Supnlemontary Regulations, of the Code of ordinances for the City of Atlantic Reach. Elorida is hereby amended to add new Section 24- 17'. Residential nevelopment Standards. and upon enactment shall read as follows. (a) SECTION 24-172. Residential Development Standards Purpose and Intent. The purpose and intent of these new regulations is to implement the gnals, nhjectiyec and nnlices ac set forth within the adapted 7f115 Comprehensive Plan. restated in part helow. Con] A.1 The City cha11 manage growth and redevelopment in a manner. which results in a pattern of land uses that: 1) encourages. creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, and 4) maintains the City's distinct residential community character. tlhiective A_1.1 Maintaining Residential Character - The City shall encourage future development and redevelopment, which: 1) retains the excentinnally high quality of life and the predominantly residential character of the City of Atlantic Reach. and 7) provides for the preservation and protection of the dense tree canopy. Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land Development Regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the city known ac fllyd Atlantic Reach, Policy A_l,d_d Within furl Atlantic. Reach, the City shall concirdcr Options to discourage the redevelopment of residential lots in ways that are inconsistent and inenmpatihle with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighhnrhonrlc that may result from new Pcvelopment, which because of excessive height, macs or hulk may result in new ncvelonment that excessively dominates established development patterns within neighborhoods or excessively restricts light, air. breezes or privacy on adjacent properties. The further intent of these regulations is to appropriately limit height and hulk and mass of residential structures in accordance with the expressed intent of the citizens of Atlantic Reach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more specifically enumerated below. (1) Tn ensure that buildings are cmmnatihle in macs and scale with those of buildings seen traditionally within the residential neighborhoods of Atlantic Reach, (2) To maintain the traditional scale of buildings as seen along the street. (3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent properties. (d) To promote access to light and air from adjacent properties. (S) To preserve and enhance the existing mature tree canon, particularly within front yards. Paae_f7 ordinance Number 90-06-195 Effective nate: AGENDA ITEM # 7A SEPTEMBER 11. "006 (b) Applicability. The Development Standards and provisions set forth within this Section shall apply to Development of Single-family and Two-family Dwellings within that area of the City depicted by Attachment A and generally referred to as Old Atlantic Beach, which for the purposes of this section shall he hounded hv: • Ahem Street and Sturdivant Avenue, between the beach and Seminole Road on the south: • Seminole Roa& extending north to 11 th Street on the west; 11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16, 1 S, 20, 22, 24, 26, 28,1n and -12 within Block 14 located on the north side of 11 th street and west of Fast roast Drive, and ▪ Fast Coast Drive extending north to its terminus, then along Seminole Road to 1 6th Street, and 1 6th street extending east to the beach, with the beach being the eastern houndary of this area. Development. as used within this section, shall also include total redevelopment of lots and certain renovations and additions to Single-family and Iwo -family Dwellings as set forth herein. (c) Additional Residential Development .ctandards. The following standards and requirements shall apply to that area defmed in preceding paragraph (h). and ac fi,rther and more specifically described for each particular standard or requirement. (1) Flaor Area Ratio (FAR). Floor Area Ratio limits are estahlished to prevent incompatihle mass and scale where new Development might otherwise excessively dominate the existing streetscane and existing adjacent residences. EAR shall be defmed as the ratio of total counted ahove-grade floor areas of certain Buildings on a Lot or Parcel compared to the total Lot Area. FAR = Total counted Floor Area _ To+a1 Lnt Area The following FAR provisions shall apply to new Single-family and T,uo-family Dwellings and additions, which expand interior Floor Area by more than twenty-five percent (?5%). i. T ots or Parcels that contain 6000 square feet of Lot Area or less shall be assumed to contain Fnnn square feet of T.ot Area, and Eloor Area Ratio limits and provisions as set forth within this Section shall apply. For example. maximum Eloor Area Ratio for 5,200 square foot lot shall be calculated as if the T of is 6000 square feet in size. ii. A maximum Floor Area Ratio limit of .5d shall apply. iii. FAR calculations shall be included on all single-family Dwelling and Two-family Dwelling Construction Plans submitted to the City for review and permitting. Page4of7 Ordinance Numher 90_06_1 95 Effective Date: AGENDA ITEM # 7 A SEPTEMBER i i , 7oc) iv. The following elements of a Single-family or Two-family Dwelling shall be counted in the FAR calculation. • Interior heated and cooled areas. Porches, balconies, patios and breezeways with a solid cover or roof when enclosed by solid walls nn more than two sides. • That portion of an attached garage exceeding 5nn square feet of Floor Area. v. The following elements of a Single-family or Two-family Dwelling shall be excluded from the FAR calculation. • Porches, balconies. patios. breezeways. and deClrs (as well as overhangq, eaves. cantilevers, awnings and similar features) with a solid cover or roof. but not enclosed by solid walls on more than two sides. Such porches, balconies, patios, breezeways, and decks shall remain open on at least two sides and shall not later he enrlosed in any manner. • Detached Private Garages that are incidental to the principal vise on a Tot. Detached Private Garages shall remain subject to established size. height and placement regulations. • Carports that are open on two or more sides. (2) Side Wall Planes. To aioid stars. exterior side walls from faring the sides of adjacent residences, particularly on two-story and three-story residences. the folio -tying standards shall apply to new two-story and three-story Single-family and Two-family Dwellings: to renovations involving Structural Alterations or additions to the sides of existing Single- family and Two-family DWellings, and where a second or third -story is added to an existing Single-family and Two-family swelling. i. Second and third -story exterior side walls. whirh exceed 15 -feet in length, shall Provide horizontal offsets of at least four feet, or architectural details. design elements or other features, which serve to break-up the appearance of the side wall, such that adjacent properties are not faced on the side blank two or three-story walls void of any architectural design other than siding material or windows. ii. Such design features may also include balconies, hay windows and other types of projecting windows or architectural details provided that these shall not extend more than 24 -inches into the Required Side Yard. and that a minimum separation of 1n -feet is maintained between such extensions into the Required Ride Yard and any other existing adjacent residential Buildings. (1) Freight to Wall Plate. For Single-family and Two-family Dwellings. the ma{;m„m height to the ton horizontal framing member of a wall from the first floor finished floor elevation shall not exceed 2? -feet. (4) Third Floor Footprint Tn order to reduce the mass of taller Single-family and Two- family Dwellings. the interior footprint of any third floor area shall not exceed fifty percent (50%) of the size of the second floor interior footprint. PagP nf7 Ordinance Number 90-06-195 Effective Date: AGENDA TTF1ur # 7A SFPTMPRPP 1 1 , /006 (5) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade along the City's residential streets and sidewalks, nne shade tree shall be provided within the Required Eront Yard and an additional shade tree shall he required on the T.ot in a location at the property owner's discretion in accordance With the following provisions: i. This requirement shall apply to the construction of new Single-family and Two- family Dwellings and to Structural Alterations of any Single-family and Two-family Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of Occupancy nr prior to final inspections, as applicahle. (The requirements of Chapter 21 of this Code shall also apply,) ii. Required Shade Trees shall have a ninimnm size• of 4 -inch caliper at the time of installation. A list of recommended tree species is available from the City. iii. Credit shall be provided for the following, and additional Front Yard Shade Trees shall not be required in such cases. (a) Where healthy canopy trees exist in the Required Eront Yard, which are listed on the recommended tree list and are at least 4 -inch caliper; or (h) where oak trees exist in the Require d Front Yazd, which are at least six (6) feet tall; or (c) where healthy street trees exist in the adjacent right-of-way, which are listed on the City's recommended tree list and are at least 4 -inch caliper. Where installation of a Eront Yard Shade Tref is required, such tree shall not he planted within right-of-ways nr over underground utilities. iv. Similarly. credit shat] he given for the second required Shade Tree where such tree, as described above. exists elsewhere on the T ot. (d) •rpecial Treatment of lawfully Pristing .Single-family and Two-family Dwellings, which would othp s, ha made Nnnr farming hy enactment of Soction 24-172, Pstahlishing these Residential 1)0-lupment .rtandardk. Any law -6111y existing Single-family nr Two- family Dwelling. which has been constructed pursuant to properly issued Rnilding Permits prior to the effective date of these Residential Development Standards, adopter:, on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Tlevelopment, and any such Single-family nr Two-family Dwelling shall be considered a lawful permitted Structure within the T.nt nr Darnel containing the Vested Development, and shall not be considered as a Nnncnnforming Structure with respect to the regulations contained within this Section. It is further the intent of this Section to clarify when these Residential Development Standards shall apply in the case of reconstruction or redevelopment follnwing: (1) a natural act such as a hurricane, wind, flood or fire; or (2) redevelopment initiated hy a property oWT1er or authorized agent for a property owner. The following prnvisions shall he limited only to those characteristics, which would otherwise be made nonconforming from the requirement of this Section, which provides Residential Development Standards. The provisions of Section ',4 -RS shall otherwise apply to Nonconforming Tots, T Jses and Structures. Page 6 of 7 Ordinance Number 90-06-195 F.fFective Date: ArwNDA ITEM #_ 7A SEPTEMBER 11, 9nm Structures damaged or destroyed by natural acts or by any means not resulting frail" the actions of the property owner. Any lawfi,lly existing Single-family or Two-family Dwelling. which has peen constructed pursuant to properly issued Building Permits prior to the effective date of these Residential Development Standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Development, and any Single-family or Two-family Dwelling shall he considered a lawfiil permitted Structure within the T ot or parcel containing the Vested Development. Eurthermore. an existing Single-family or Two-family Dwelling for that particular Striict»re. shall not be considered as a Nonconforming Structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling Development and redevelopment of such Tots or parcels. Any construction that exceeds the existing footprint shall he in compliance with all applicahle provisions of this Chapter including minimum Yard Requirements. ii. Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authari'ed agent for a property owner_ Single-family or Two-family Dwellings, which are rebuilt or renovated, or expanded by more than twenty-five percent PS"/n) in Eloor Area, shall he cuhiect to applicahle provisions of these Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded. SFCTil1N 7, This ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a hook kept and maintained hy the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68. Elorida Statutes. Pasted upon first reading and puhlic hearing hy the City Commission of the City of Atlantic Reach this 28th day of August, 'MM. Passed upon final reading and puhlic hearing this 1 1th day of September, 2006. Approved as to form and correctness: AT AN C. TFNSFN, FSQTTTRF. City Attorney ATTPST : D(INNA 11TTSSRY City Clerk Pages 7 of 7 T)CINAT.T) M, WCIT.ER(lN Mayor/presiding nfficer Clydinance Numher 90 -(1F -19S Effective Date: AGENn a 'TEM # 7R SEPTPMPER 11, 20(16 OPT)TNANCF. NO. 20_06_80 AN ORDINANCE AMENDING THE OPERATING RUT)GFT FOR TAF. CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL VFAR BEGINNING OCTOBER 12 2(1(15 ANT) F.NnTNf SEPTEMBER 10. N106. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHF.RF.AS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time. and WHEREAS, additional funds are needed to fund the contract services for Building Code Administration for the remainder of the year. The services will include plan review and some inspection services due to a shortage of City staff. NOW, TAF.RFFORF2 RF TT FNACTE+ T) RV THE CITV COM IISSInN ON BF.HAI,F OF THF PF.OJ I.F OF TIFF CITY nE ATLANTIC REACH, FT.012MA, that: 1. The Fiscal Year 2005/2006 Final Budget he amended as follows: General Fund Expenses: Building nepartment Cnntraot Services $13.200 Total General Fund $11,700 Change in Fund Balance <$13,200� 2. This ordinance shall take effect immediately upon its adoption. Eonssed by the city commission on fust reading this 98th day of Ault, 2006. Passed by the City Commission on second and final reading this 11th day of September, 2006. Donald M. Wolfson Mayor / Presiding Officer Approved as to fora, and cnrce"tness: Alan C. Jensen, Rsquire City Attorney A TTP ST: Donna Bussey City Clerk AGENDA ITEM. T) A TF: CITY OF ATLANTIC REACH CITY COMMISSION MEETING STAFF REPORT T Ttility R ate Increase ORDINANCE NT TMRRR R0-06-73 Septemher 01.700f sTTRMTTTFT) RV! Nelson Van Liere. Finance firector BACKGROUND: MIDGET: APFNnA ITEM # 7r' SPPTPMBER 11, 9nn6 1luring the development of the proposed Operating budget for the fiscal year ended September 30, 2007, staff estimated that at least a three percent water and sewer rate increase would he necessary to fund the ongoing operations of the utility. This ordinance increases the water and sewer rates by three percent. R;sing costs of operations coupled with the declining water volume sales makes this increase a necessity. The financial statements presented to the city commission for the year ended Septemher 30, 2005 indicated that the utility met bond coverage requirements, but only by a small margin. The Ev2007 proposed budget indicates that the current year estimate for the change in fund balance of the utilities combined is a red»ctinn of $454,ROR. The budget impact of the proposed three percent increase is approximately 5171,x93. This amount is included in the Ev9on7 Proposed Operating Budget. RECOMMEND Approve Ordinance 80-06-73 ATTACHMENTS: Ordinance Rn -n6-73 REVIEWED RY CITY MANAGER: AGENDA ITEM # 7C SEPTEMBER 11, 2006 ORDINANCE. NO, Rh -116-71 AN O1121ITNAN( '.. AMENDING CHAPTER 22 UTH,TTWS, ARTICT •E II, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER RASE. ANTI VOLUME CHARGES EOR RERIDE.NTIAI., IR REG ATION AND COMMFRC.IAT, CITSTOMERS: AMENDING ARTTCT E ITT WASTEWATER SYSTEM, DIVISION SEVEN, SF.WF.R ITSER RATES AND CHARGES, SECTION 22-166 MONTHLY WASTEWATER RASE EACTT,ITV CHARGES TO INCREASE RESTDE.NTIAT, AND C.OMMERCIAI. RACE. CHARGE, RATES; ANT) AMENDING SECTION 22-167 RCHF1 M.E, OE WASTF.WATF.R VnI.IT , CHARGES TO INCRE. ASV TNF. RATER EOR WASTEWATER VOLUME CAARG1 S EnP RESIDENTIAL AND COMMERCIAL CUSTOMERS. WHEREAS, the City has determined that it is necessary increase the water and sewer rates fnr the purpose of generating sufficient revenues to fund current operating Costs, and: WHEREAS, the proposed water and sewer budget fnr fiscal year ended Septemher 30, 2007 inelndec a three percent increase in the virility rates. and WHEREAS. the city has had declining sales of water due to conservation causing a reduction in revenues needed to meet upcoming operating needs and the debt service coverage ratios required by the City's bond ordinance, and NOW, THERFE(RE, RE IT ENACTED BY THE CITY COMMISSION ON REHAI.E.nE THE pFnPT.F. nE THE CITY OF ATLANTIC BEACH, FLORIDA, that SECTION T. Chapter 22 Utilities, of the Cade of Ordinances of the City of Atlantic Reach, Elarirla is hereby amended to read as follows: Article H, Waterworks System: Sec. 22-27. Charges for water service. The reasonahle rates, rentals, fees and nther charges for the use of the services and facilities of the city waterworks system are herehy found and determined to be and are herehy fixed and established as follows: A SEND A ITEM # 7C SP TEMRFR 11,'006 (1) Monthly water base facility charges for customers inside the city: A mnnthly water Kase facility charge will he levied upon each connection in accordance with she following: Encir(anfial Effective ClGtOber44005 S O. -I -family residential and single-family individual -metered mobile homes $6,64 $6.74, per account FIA nr V. toultifamjly rocjdeotial 144 $5.06 per unit $§m- $6,7d Matter -metered mohile homes $4.91 $5.06 per site $7:35 Travej trajierc $4.A1 $5.06 per site Notelmntej $4,41- $5.06 per room $13.89 $94.31 Nntejlmntal with kitchen $4.A1 $5.06 per room (:nmmerrial 2 Master -metered commercial $6.51 $r; 7d par unit Restaurants, laundries. and car wash connections Based on meter size Qhs lo tahja hal_" Ail other commercial customers Based on meter cj,e phases in tahja hajow irrigation $40:@8- $49.19 All Residential $6.51 $6.74 accoi int per All Commercial Basad po metar cj7e phaco in tahln helm Water Kase facility charges fnr the commercial classifications are based »pnn the meter size and they will hecnme effective as fnllnws: Meter Size (in inrhaci Effective ClGtOber44005 Fffartive October 1. 2006 Effective nrtnher 1, 2nn7 FIA nr V. $6;54 36,54- $6.74 $§m- $6,7d 1 $7:35 $7,77 $8.00 $8:18- $8.4q 1'/z $11.41 $13.89 $94.31 4f M-$16.85 2 11 %21.26 $91.1:111 $28.16 $26.94 $29.44 $40:@8- $49.19 $52:32- $53.89 d AA4,15 $62.95 $64.84 $g1-74- $Ad.21 A 0643 3124.27 $128.00 $163.51 $96A.d2 8 $134.09 $197.85 $203.79 $261.62 $269.47 (2) Schedule of water volume charges for customers inside the city: A GENDA TTEM ik 7C gEPTEMBER 11, 9006 a. .'ingle unit . There are hereby -established inclining block volume charges for single-family residential and single-family individual -metered mobile homes, per account as follows: Block tipper 1 imit (allons Der Moot►+) Rafe per Thpncapd Gallons ] 3.000 $0.23 2 8.000 A $1.R4 3 13,000 $240 $9.1R 4 1R,nnn $35 $3.24 F (Ivor 1R.nQn $44 $4.88 b. Multiple units and commercial accounts. There are hereby -established an inclining block volume charge for all multiunit residential and multiunit commercial accounts as follows: Block tipper 1 imit Gallons per Month (per unit) Rat per Thousand Galionc ] 9,nnn $.022 $n,93 9 nvA,?,nnn $4-79 $1.84 c. Single unit irrigation. There are hereby -established an inclining block irrigation volume charge for all single-family residential and single-family individual -metered mobile homes, per account as follows: Block tipper 1 imit (Ga'lons per Month) Rate per Thpucand Gallons 1 13,000 $2-1A $2.16 2 18,000 V1.15 $3.24 3 aver 1 R,00n $4,74 $4,RR 11• Multiple unit and commercial irrigation. There are hereby established nn inclining block volume charge for all multiunit residential irrigation accounts and 11 commercial irrigation accounts as follows: Blocs Upper Limit (Gallons per Month) Rate per Thousand Gallons ] 3,nnn $.022 $n,9 9 (Ivor 3 nnn $.1-79 $1.84 ' SEND A TTEM # 7C SFpTEMRER 1!, 1006 (3) Customers outside the city. The rates applicable to customers outside of the city shall he one and one-quarter (1.25) times the rates ahove for both monthly water base facilites charges and water volume charges. ARTICLE III WASTEWATER SYSTEM nivision Seven, Sewer user rates and charges, Sec -17-166. Monthly wastewater hate facility charges, wnQtewater hasp facility charges will he levied monthly as follnwc: (a) Monthly wastewater base facility charge for customers inside the city. A monthly base charge will be levied upon each connection in accordance with the fnl l owing: An equivalent residential unit (FRU) is defined as a wastewater connection that delivers three hundred (Inn) gallon' per day (gpd) of typically domestic wastewater flnw to the waste stream, or equivalent to a residence serviced by a three -formals -inch watt meter. Racidea#iII ERU factor Single-family residential and single-family individual -metered mobile homes, per account $13.6g $14,1 n Qar arrni tut Multifamily residential. per unit $10.27 $10.s8 per unit 1.28 Master -metered mobile homes $10.27 $10.58 per site 2.08 Travel trailers $Ili P.47 per site 9.1111 Hotel/motel $6:85 $7.0R ger room 5.an Hotel/motel with kitchen $g.22 $R,47 or roma Commercial Master -metered commercial c,?.ao $14.10 per unit Ractaurants, Iauoddes, aol car wash connecfionsa $14.10 V ERU factor All other rnmmarrial auctnmarc $1,16g $14.10 " FPLJ factor The ERU factor for the onnamt.rninl clacsifratinn is hased upon meter size as follows: Meter Size (in inched ERU factor 518"3/, 1.00 1 1.28 1 .4 2.08 9 9.1111 3 5.an AGENDA TTPM # 7C SEPTEMBER 11, 2006 4 1 n.On 6 20.00 8 30.00 2 (h) Customers outside the city. The rates applicable to customers outside of the city shall he one and nne-quarter (1.75) times the rates above. Sec. 22-167. Schedule of wastewater volume charges. (a) Customers inside the city. There are hereby established block volume charges for customers inside the city as fnllows: (1) Single-family residential and single-family individual -metered mobile homes. per account as follows: Block Lipper Limit (Gallpne ger Month) Rata per Thousand nollone 1 3.000 $9:46 $0.47 2 13,000 $3:60 $3.91 s oyer 13,000 $0.00 (9) Multiunit residential and n11 cnmmercial units as fnllnws: Block UQer I 'mit (Gallons per Month, per Unit)Gallane Ram per Thousand non $9:4& $0.47 2 Over 3.000 $3:89 $3.91 (b) Customers outside the city. The rates applicable to customers outside of the city shall he one and nne-quarter (1.25) times the rates above. SECTION 2. Severability Tf any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity nfthe remaining portions of this ordinance. AGENDA ITEM # 7C SEPTEMBER 11, 9nm CFCTION 3, F,ffective Bate Th;c ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this day of septemher, 2006. Passed by the City Commission on second and fmal reading this day of Septemher. 7006. nonald M. Wolfson Mayor / Presiding nicer Approved as to form and correctness: ATTEST: Alan C. Tensen, Fsquire City Attorney Donna Bussey City Clerk AGENDA ITFM # 7n SEPTEMBFR 1 1,')nn6 ITV OF ATT,ANTIC REACH, FLORIDA CITY C(1MMISSU1N MEETING STAFF REPORT AGENDA ITEM: Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance #20-06-S1 establishing the Operating Budget for fiscal year 2006/2007. SUBMITTED BY: Nelson Van Liere_ Finance Director DATE: September 1, 2006 RACIlf_R(1IT in In order to adopt a millage rate and Operating hndget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 11th, 2006 in the Commission Chambers at 7:15pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as last year and is to be read into the record as presented in order to assure compliance with the TRIM laws (000,065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and hell three workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget as amended is funded using the millage rate of 2.9974 mills. This repreCents a 1 n.1 5"-/„ increase over the rolled hank -rate of 9.7911 mills. There will be a second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20-06-81, on September 25th, 2006. — — RF.COMMF.N11 ATI(1N: 1.) Hold two publiP hearings as described in the attached outline to approve both the Tentative Millage Rate of 2.9974 mills and the Operating Budget Ordinance #20-06-S1 with total expenditures of 5R26,059,756 in that order by separate vote. 2.) Set the Time and late of ,he Second Public Hearing at September 25, 2006 at 7:1 Spm. In the COmmissinn Chambers of City Nall ATTACHMENTS: Agenda for Public Hearings Ordinance # 20-06-81 Proposed Budget Revisions Rndget Summary of all Funds REVIEWED BY CITv MANAGER: AGENDA ITEM # 7D SEPTEMBER 11, 2006 A1)fbPTIfbN (W A TENTATIVE. MII.I.AGE AND MPF.RAT1NG I%ITI'r(ilF'T Ft1P FMMCAI. VF.AP 2006/2ff7 First item to he considered: A doptinn of a Tentative Mill age R ate State the following: The Millage Rate is The Tentative Millage Rate is 2.9974 2.9974 The Roll—Back Rate is 2.7213 The Tentative Millage Rate is 19.15""-% hivher than the Roll -Rack Rate The purpose for the increase in ad valorem tax revenue is to maintain adequate funding for the existing level of service at anticipated increased cost. Motion to adopt a Tentative Millage Rate for operating purposes of 2.9974 Open Public Hearing Close Public Hearing and Vote Second item to be considered: The Ordinance #20-06-81 establishing the Operating Budget for fiscal year 2006/2007 of V.6,059,756 Motinn to arinpt nrdinanre W2f1-(16-R1 establishing the operating Rurdget for fiscal year "006/"007 Open a Public Hearing close Puhlie. Hearing and Vote A rPNn A ITEM # 7D SFPTP?JIRER 11.2006 fRTITNANCF. N(l. 2n_n(_R1 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR TIIE CITY OF ATI,ANTIC REACH, FLORIDA FOR FISCAL YEAR RF.f TNNTN(i' OUTORF.R 1, 2006 AND FNDING SFPTFMRF,R 302 711117. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 11, 200t, held a public hearing as required by Florida Statute 200.065; and WHEREAS. the City P0mmissinn of the City of Atiantir. Reach, Elorida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning nctoh ff 1, ?nnA and ending September 30, 2007 in the amount of $26,059,756. NOW, THF.RF.F(1RF. RF. IT FNACTF.D RY THF CITY COMMISSION ON RF,HAT.E OF THE PFOPT.F 0T+ THE CITY 01? ATLANTIC REACH. FI.()RTDA, that; 1. The fiscal Year 2006/2007 budget be adopted. and 7. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of September 2006= Passed by the City Commission on second and final reading this day of September 2006. Donald M_ Wolfson Mayor / Preeiding Officer Approved as to form and correctneee: Alan C. Jensen, Esquire City Attorney ATTEST: Donna 1( Bussey City Clerk AnuNDA ITEM # 7D SEPTEMBER 11, /nn6 Proposed Budget Revisions After the conclusion of three budget workshops. the Original proposed Rudget for the fiscal year ended September 30, 2007 has been increased $939,049 to $76.059.756 from $75,1 70,707 to include the following items: Revenues: • General Mind revenues were increased 4,500 to allow for an increased in the occupational License Eees General Fund Revenues were increased by $30,125 due to the proposed increases in those programs of the Creneral Fund that are charged to the enterprise funds. General Fund Transfers from Sanitation were reduced by $51,400 to reflect the reduction in available funds. • Decrease of $51.400 in Sanitatinn revenues is the res„lt of deferring the proposed 16% rate increase until January of 2007, • Interest in the Half rent Sales Tax find was reduced hy $77,000 to reflect the smaller cash balance as a rezult nf adding $557,500 in capital expenses to the proposed budget. -Expenses: a Citywide Salary and Renefits proposed has been increased hy a tntal nf %777,654, Included in this change is the 3.5% cost of living adjustment for salaries and the upgraded assistant to the City Clerk position. General Fund Revisions %elude_ • The proposal now includes $9665 to fund the request of Friends of Atlantic Beach Rlementary Schnnl of assistance with field maintenance. The proposal now includes S5,000 to assist Jax Beach Elementary School request for assistance with the rehabilitation of a historic school building. a The proposal now funds $18.500 towards Mayport Middle School enrichment programs. Ralf Cent Sales Tax arIi'itions: Funding of $17,500 to rehab half the lights to new standards at Russell Park, a Funding of $100,000 for the purchase of the R1100 -flan Trust property for preservation is now included. • ped -paths from Eive points to SP1va Marina Drive is funded at $120,000. New sidewalks in the Marsh Oaks area are funded at S120.000. Specific locations to he identified after more input obtained. Convention Development Tax Fund additions: ▪ The Chamher of Commerce was funded at $10,000. Additional funds of $150,000 for the purchase of the R„ckman Trust property are included in this budget. a Public Art was re -budgeted with the unspent fiords of the current year at %45,000. Other: The adjustments to salary and benefits above also indirectly affect the allocations of internal charges to the enterprise funds. These changes totaled $30.1')5 divided among the Water, Sewer, Stormwater and Sanitation funds. AflPND A 'TEM # 7D SFPTFMRER 11. 2006 City of Atlantic! Reach (_omhined Suww ry of Ravenuac and Fvpendifures Summary of all Funds Cash Forward Revenues Proposed Actual Arhial Fctimatp Budget Increase 2pp3-2pnd 211114-2005 2005-2006 2006-2007 (Decrease) 24,187,312 23,912,693 25.274.211 23.885.704 (1.388.5071 (eperal Pupil Q,1n4,743 Q,777.RCIR 10,171,084 10,576,532 455,448 Special Pe"ej ue Funrlc 1,R1R,R81 1,Rs0,n4R 1,769,474 1,645.824 (123.650) neht Service Fund 71,748 73,899 72.300 73.048 748 Capital Project Fund 1.313 286 0 0 0 Enterprise Funds 9.430.044 10.640.628 8.691.617 10.07,1.70' 1.1111,0115 Trust and Agency Funds 1.514.621 1.006.544 1,7d2,gRA 1.RR2 996 11 Q.RA9 Tote Reveunes 21,741,150 24,228,911 22,396,859 24.232.332 1.835.473 Other Financing Sources 170.046 85.098 0 n n Total ResourvVc AR,22R702 &7,671,g70 ARA 18,036 ddR,966 Fxpendithres General Fund 9,201,335 10.705.647 Q.Q7n,QRR ]].]7 ,522 1 9n2sR7 Special Revenue Funds 1.822 don 1.868.1121 2,2R7,1Q9 9,335,639 (81,5Rn) nebt Service Fi incl 71,1102 79.49Q 71.50x, 79,477 Q77 capital Prpiart Fiipri 111.477 27,Q3R n 0 0 Fotemrice Fundc 9,38,160 0,152,583 10,645,302 11,617,279 971,977 Trust and Agency Funds 612,340 703,990 806.712 860.846 54,134 n1VI_clnhl Tnrei S 211755,Rnd 22,R17,RQR 23,761,686 26,09,756 2,148,090 Other Financing Uses 1,430,011 334,885 23,700 0 -23.700 Cash Reserves 23.912.693 25.274.211 23.885.704 22.0;8.280 f1.R97 d9,11 Total Fvpencac and Cach AR,09R,SAR AR,22R 702 d7,671,11711 48,118,0 6 296,966 Resource Allocation Personal Services nperatin9 Fvpapcac capital nutI'v neht Service Transfers Total 7,61r,,2Qc 7,RRQ,1Q9 R_35Q,1d3 Q.1.1A.9NO Q77,107 7,14.7.1111 7,5Rd s59 8,813,030 8,746,415 (66,615) 2.112,781 9 4X 5Rn 4,122,180 4,958,337 836-157 1,771,904 1,607,370 1,678,236 1.675.695 (2,541) 2,109,311 3,132.812 789.077 1.343.059 553.982 70 7�S,R0d 22,R17,RQR 23,761,888 2609,756 2,298,090 AGENDA ITEM # 7F PPTEMRER 11, 2006 CITY nF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGFNI)A IT FM! Introduction and First Reading of Ordinance No. 45-06-1 R SUBMITTED BV: Tonna Bussey, City Clerk — DATE: September 1, 9006 Ch. 205. has been amended, changing the term "local RACurROUN>n: Florida Statutes. tax" tax" And defining the term occupational license to local business tax "receipt" AS it relates to business taxes, in place of the termby local "occupational license". Changing the name of the item issued governments from occupational license to local business tax receipt is a measure the legislature took to eliminate fraudulent misrepresentations made to consumers using a local occupational license as proof of competency to perform various repairs and services. This change is effective Tanuary 1, 2007. The changes may be adopted prior to the effective date. Tn addition, Florida Statutes, Ch. 205. s. 205.n515(4), provides that municipalities may increase the rates of these business taxes by up to 5 percent every other year. Our business taxes (previously referred to as "occupational license fees'') were last increased in 2001. We have revised our ordinance to reflect a rate increase of S%, with resulting rates rounded down to the nearest even number penny. Per Florida Statutes, Ch. ')n5, s. 205.05 5(4). the increase, however, may not he enacted hy less than a majority plus one of the governing 1,ody RITDGFT; We anticipate an increase in revenues of approximately Sa,500 due to these rate increases. RECOMMFN>nATInN! Pass Ordinance No. 45-06-18 on first reading and set for public hearing on September 25. 7006. ATTACHMENTS: Ordinance No. 45-n6-1 R Reviewed by the City manager: AGENnA ITEM # 7E EPTFMBER 11, 2006 ORfINANCF NO. 45-06-1 R AN ORDINANCE AMENDING TT -TR CODS OE ORDINANCES OF TT -TE ('IT v OF ATT.ANTIC RF•ACU, AMENnING CUAPTER 9.0, TAYATInNT, CENSE TAX AMENDING THF. AR -IV -IF III. O(''CTTpATIONAT. LI T.00AL TERM T .00AL DCCT TPATIONAL T .TCFNSE TAX TO BT TSINESS TAX: AME ING Nn SECTION 90-51. DEFINITIONS. TO CTTP TI A ON ENSE 10 AL LIC CU ANGE TUE, TFR M FOR T A T .00 . OC RECEIPT STNFSS TAX ANT) TO ATPD A DP.EINITTON FOR LOCM, BU SE('TION �0-59. AS IT RFT.ATPS TO RTTSINESS TAXPS; AMENDING AMENnTNG PROVISIONS IN ARTICLE. TV„ SCHEDTTT.F. OF FEES: �n_7g INSI TRANOF PREMUM TAXES, SECTIONS 20-16 THROT TGH , TO CONFORM TO THIS NFW TF.RMINOT •OGv; PROVIDING AN EFFECTIVE TATE T RV THE CITY COMMISSION ON RFHAT .E OF TUE. PEOPT .F. BE T ENA �CTE D OE THE CITY OE ATLANTIC BRACH, FTOR IDA: SECTTON 1. Chapter 70, Taxation, Article III, is hereby amended to read as follows: T,OCAL RUSINF.SS TAX business taxes. E.S. Ch. 705 ARTICLE. TTI. State law references: T •ocal SECTION 2. Section 70-51, nefinitions, is hereby amended to change the following term and add the following definition: 11 mean the method by which a local Local • • husiness tax shall any business grants the privilege of engaging in or managing governing authority profession or occupation within its jurisdiction. It shall not mean any fees or licences paid to any board, commission or officer for permits, registration, examination or these are deemed to be regulatory and in inspection. T Tnless otherwise provided by law, _ . business tax receipt addition to. and not in lieu of, any local imposed under the provisions of this chapter. Receist means the document that is issued h the words "T ocal Rusiness Tax Recei document is issued -has co business �n-59, Schedule of Rees Rates, is hereby amended to read as SECTION 1. Section - - follows: No person, firm or corporation shall engage inor m managet ad paving an annual tax, or occupation without first obtaining a �____ which cha11 be assessed ac follows: the local overnin t” and evidences that the •� of authorit erson in whose name the iter relating to the which bears this cha any trade, husiness, profession, AGENDA ITR.M # 7P SEPTEMBER 1 1, 9n06 MANUF ACTT TRINCT EST ABT .ISHMFNTS: Manufacturer, all: X88= 0--1,500 sq. ft.... $903n 1,5n1--5.nnn sq. ft.... 146704 �� Six0.74 5 001--15.nnn sq. ft.... $3n'2•4ft 15 001 sq. f+, and over • • • (Physical facili+y� pROFF.SSInNAT� ESTABT .TSHMFNTS (Phy • - - -business tax receipt to practice any pro person agulated fora ` department of professional regulation, or any other state profession regulated by the state departregistration, or „ active state certificate, g commission thereof, must exhibit ahe isc7t o This board or co _ , business tax receipt may license, before the = - `' `•--f Nit shall not be limited to the classification of �e lius---mess tax sha11 consist o • following types of b"siness talc for the professional the }ioe� h,�sin_ e_- s, andindicated. estahlishment shall he assessed at the rate i $5-1414:5_,Qoug,00 S51.540--1,5nn sq. ft. ...9 O n 1,Sn1--5.nn0 sq. ft.... $120.4 15,01 sq. Acco»ntancy firm/corporation Architect firm/corporation Air conditioning/heating Attorney firInkorp^-ration Ranier shop Beauty sh^-p Mort aye, stocks, bonds Brokerage flnn/corporation: g B»ilding contractor Cosmetology salon Cosmetology school nay care, adult nay care, children Dental lab Detective/investigative agency Diet1weight c"ntrol center +rade. technical) Edue2tional establishment Electrical contractor Engineer firm/corporation Funeral home General r.ontractor Hearing aid center Insurance agency T .and surveyor business A r;FNn A ITEM # 7E SPPTPMRER 11.2006 T ,andscape architect firm/corPora+ion T .oan company Massage establishment Mechanical contractor Medical office Miscellaneous, other than listed Nursing home optometry office Pharmacy Plumhjng/septic tank contractor Pool/hot tub/spa contractor eal estate appraiser Real estate agency Residential contractor Roofing contractor Security systems contractor sheet metal contractor Solar energy contractor Title company Underground utilities contractor Veterinary establishment Banks, national or state, credit union .. . $24844 $102.4n Tnsurance company within the municipal limits of the city, (Transacting any class of insurance munic� at boundaries) whether or not maintaining a place of huffs within SL64 thep htis h sical facility), each Tn addition to the license for the professional establishment L y professional engaged in such practice or profession shall pay a }ebusiness tax asjl of he indicated. This classification of ehusiness tax shall consist of. but s limited to the following: SA -8344 1nR.t4 Accountant. each...3 Acupuncturist • • • (131-1500.887144 108.14 Architect ... , n inn $1 n 8.14 Attorney ... 103440$1 �R.ld Auctioneer .. . 103440 S15.70 Barber . . . �q_gg3 5.70 Beautician .. •34,00 �5 Building contractor . • . 141-1,440 $108.14 chiropractor .. • 3-4-700 $' 5.70 Cosmetologist .. •8 SIC .70 Dental hygienist .. • 34780 X35 7n Dental radiographer .. . AGENn A ITEM # 7P SEPTEMRF.R 11.200 4-03789 $1 n R 14 f)entist .. • egg $ 5.70 trete&ive/investiga+or . • • 0g $15.7n nietitian ... 3-47 8 $1 5.70 E1 ectrici an . • • 443,00$108.14 Engineer . • . egg $10 4 Funeral director/embalmer . 34-88 $15.7n General contractor . • • , n $108.14 Hearing specialist • • 4-0-3,0-0 $108_14 Insurance .agent.. a-8343 $1nR,14 Land surveyor ... 1-4-3-04 $1OR,14 T,andscape architect ...03 1 g4 Marriage or family counselor ... $34-88 $1 O .11 Massage therapia ... g $1 0..14 Mental health counselor .. 303 $35,70 Miscellaneous, other than listed . 34-89 $35.70 Miscellaneous contractor ... 3 . $15.70 Mortgage broker ... 34-88 $�5•7n Nail specialist ... 34-88 $15,70 Full specialist (nails/skin care) . 4-3:99 Naturopath ... 4- n $1nR,14 Nursing home admin strator ...n $108.14 C)ccupational therapist ... n $1_ 08 .14 optician ... $108.14 8 $108.14 Optometrist ... m t Pharmacist (Exempt - F.S. 9.05.19�) ExeP $108.14 Physical therapist ... 4-14-1,00 -A8 $1 M .14 Physician ... 3488 $35,70 Plumber ... -144-3700$1nR.14 � Podiatrist . • • 8g $10.143~ 99 Professional, other than listed . 4 $108.14 Psychologist ... a $i Oi Real estate appraiser ... 3-44.70 � $15,70 Peal estate sales agent ... X90 $35,70 Real estate broker ...g $35 7n Residential contractor ... 4.0 43 $108.14 Respiratory .are practitioner/therapist ... $108.14 tocks/honds broker ... ,i n $108.1a veterinarian • • RETAIL ESTABT TSHMF.NTS: The l;eese-feehusin ess tax for retail establishments shall be assessed at the following rates: 0--1,500 sq. ft... • 1,501--5,000 sq. ft... . ,Og $53.54 $6-99 $90.30 5,001--1 S,nnn sq. ft... . 15,nn1 sq. ft. and over .. . A $12n.74 2RR,011 $1n7,4n Antiques Appliance sales Art gal l ery/rl eal er Art framing/arts and crafts Auto new/used Auto parts/supplies Bakery Beauty supply Bicycles Boat, new/used Rook stores/stationers Building supplies Butcher/meat market Cabint/carpentry shop Candy/pop corn Ceramics Clothing Collectihles Communications equipment (cell phones/beepers) Computer, hardware/software Convenience store Cosmetics Crafts/home accessories Gifts/greeting cards Decorator sales Delicatessen Department/variety store Electronic equipment/radio/telsi on Fabric shop Fish/seafood market Fishing supplies (bait and tackle) Eish: tropical /aquarium Floor coverings: carpet, tile, etc. Florist, cut flowers, plants, etc. Furniture sales Garden center/nursery (las. T .P dealers Glass: auto. plate. window. mirror Grocery store Guns/firearms dealer T-Tardware store Health food store Tce cram vendor (mobil) AGENDA TTFM it 7E SEPTEMRFR 11, 2006 AGENn A TTFM # 7F SEPTFMRFR 11 ')MA Tce cream parlor Internet sales Tewelers Liquor store (not for consumption on premises) Lumher yard/sales Mail order/catalog sales Marine equipment/supplies Miscellaneous sales, other than listed mobile home/RV dealer Motorcycle sales, new/used Music shop Office equipment/supplies Optical devices/equipment sales pawnshop Pet shop, sales/supplies Photographic equipment/supplies Plumbing fixtures/supplies Records/tapes/CD/video sales Secondhand/thrift stores Shoe sales Sporting goods Tobacco products Toy store Trophy/award sales Video equipment sales/rental Wall avering/window treatment Water companies, bottled or hulk SERVICE ESTABLISTTMENT�: The Ii cambusiness tax for service establishments shall be assessed at the following _---- rates: 0--1.5nn sq. ft....88 $51.54 g $9n.�n 1,501--5,n00 sq. ft.... „� $12n.�4 5,nn1--15,nnn sq. ft.... $302.4n 15,nnl sq. ft. and over ... -8,00 Advertising agency. firm or corporation engaged in creation. production or sale of media intended to promote or advertise Advertising, billboards, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is located on private property. exclusive of neon. which is covered under general 1 14serecei t) AGPNDA ITEM 7P SEPT> MBER 11, 20m (general terecei t covering all phases of advertising as defined Advertising. outdoorservicing and in F.A. Ch. 479, relating to outdoor advertisers and including erecting, maintaining of electrical and neon signs) Animal grooming/kennel Apartment huildina/complex (Based on total sq. footage) Appliance service/repair Auto: Car wash Customizing/detailing Oil change Machine shop/welding paint and body shop Rental/U-drive Road service/towing Service/repair Stereo/accessories installation Storage Tire dealer Service station (The number of pumps shall be calculated either individually or by island as numbered by the service station)) $53 54 1--4 pl1mps ... $90.305--A pumps ... X88 $12(1.7 10--17. pumps ... $3(12 40 Over 12. pumps .. . Rar/lounge/tavern recei t adds X59.84 With one (1) COIp 1 ease , 0.74 With 2 COP erecei t, add ... ,, $� $12122.54 With 4 COP tk-enserecei t, add ... �3n2.40 74 With lounge and/or micro brewery, add ... 9 =- Boat repair Bowling alleys Bookkeeping Building inspection Carpentry C`armet r1eanerq Catering Cement/stone/brick Cern etery Charter vessel %51.44 Pach vessel up to 25 ft.... $1 1.(12 per foot additional for vessels over 25 ft. Plus 8 Vessels over 25 ft. require city commission approval Cleaning/janitorial/maid service AGENDA ITEM # 7E SEPTEMBER 11.2006 Computer services computer classes Consultant/Rystems analyst Computer repairs Software programs, writing of Consultant, not otherwise classified Country cluhR4 With 1 COP serecei t, add ... 5-740 i n 59. 59. 4 With � CDP i• , �recei t, add ... 8 $�42 Sd 74 With a COP lieenser� ecei t, add ... With lounge and/or micro brewery, add ... $ 7119.402 O _-- Dance hall XR4 With 1 COP 1 S59 ereceipt, add ... , Q 19. 74 With 7 COP lieenserecei t, add ... X88 $140 Sd With a COP l-ieTecei t, add ... $1n9 .40 With lounge and/or micro brewery, add ... 28-8-:88 Tlelivery/messenger service Decorator/interior design Drywall installation Dredging/excavation contractor Employment agency Environmental services/consultant Fences, metal/wood contractor medium, etc. Fortune teller. clairvoyant, psychic, palmist spirit Financial consultant Foundation contractor Fuel oil service Furniture repair/upholstery Glass tinting/coating wealth spa/gym uotel/motel/rooming houses With 1 COP erecei t, add . i n S59.8a 5.7,013 59.81$1 a With 7 COP }ierecei t, add . With a COP }ieenser2-2,144 �, � $,ecei t, add ... .54 With lounge and/or micro brewery, add ... 8 $3m 40 Tnsul ation contractor Instructional establishment: Arts/crafts Com puter/secretarial Vance/music/fine arts Karate/martial arts Trri ation contractor Jun*/salvage yard Land development company T,andscaping/lot clearing T .aundrom at, self service AGENnA ITEM # 7E SEPTPMRER 11, 2006 T.aundry/dry cleaner Lawn/yard service Linen service Locksmith Machine repair/fabrication/welding or business of another person, firm or Management company (Managing the property corporation) Manufacturer's agent/representative Marina�> 99 $11.54 Per slip/space up to 50 ft. . . . fent 0 ft. Plus additional -1-x$11.54 for each additional Maxine construction (docks etc.) Masonry/ceramic tile Minor contractor (Miscellaneous odd john/repair) Miscellaneous service estahlishment, other than listed Mobile home parks Motion picture theater/establishment Motorcycle repair Moving/storage company Newspaper, branch o face/p„hlishing office equipment maintenance Packing/shipping/mail service Painting/paper hanging Pest control /exterminator Photographer Photo processing service Piano tuner Pool service/maintenance Printer/print chop Process server Promoters of entertainment, exhibits. shows, event planner Publishing/public relations company Radio station/broadcasting company Radio/television/VCR repair Recycling company R entals: Bicycles Equipment Furniture/appliances Video tapes. etc. Other estaurants (this classification so includes snack bar nd $��4t my service) With 1 COP'rt, ad ... With C( e serecei t, add ... 2-1-1,0-0 $249 4 With 4 COP sereceiPt. add ...$102.40With lunge and micro brewery, add . . . 28-8,40 Af;FNnA ITEM # 7E SFPTFMRFR 1 1, 9nn6 Screen printing Secretarial service/plata processing security systems monitoring se ice Septic tank cleaning Shoe repair n builders Sign painters/sig solicitation, door to door (unless exempted by Chapter Signs, electric/neon chapter 18 of this Code or E.S. 496)he cost of investigation, section 1R-3 of this 'ode) (Plus fig$_ x.74 to covert _ Small engine repair Sprinkler systems (fire) storage/mini warehouses Tanning salon Tailor/dressmaker Telegraph Service Telemarketing Telephone answering service Trailer park/tourist camp Travel agency Tree service/tree surgeon Water softening/conditioning Web site consultant Well digger Window installation/service (�t1Lr service estahlishments: Telephone company (suhject to franchise) '�' First l.nnn phones or instruments or fraction thereof, per phone or instrument S,mR operated or installed .. . :8� hoinstruments or fraction thereof over l,nnn, per phone or Second 1,nnn p nes or '$.n62 instrument operated or installed ... 7a6niments, per phone or instillment operated or All over 2,n00 phones or Inst -945 $.Oaf installed .. . Transportation: h sines establishment (physical facilityl, In addition to the }i:eerrserecei� for the u. business tax fee for each individual engaged in transportation ess,s follows: ay a ase each vehicle involved in the Taxi/limousine service 8 X29 4n Limousine, per vehicle ...$28 $79 an Taxi cahs .. . Towing/wrecker service $29.40 Towing/wrecker service, per vehicle . . Trucking AGENT) A TTEM SEPTEMTIF.0 11.9nn6 Teck, per vehicle .. . 28,00 $79.40 Vending machines: machines halt be the responsibility of the The �itrgreceipt for-ef vending he in addition to other business where the vending machines are located and shall license(s) required for the business. Vending machines shall mean any amusement/game machine. pool/billiard table, electronic music machine and any machine which dispenses a product. a $�9 4T) n--3 machines ... $59 R4 4--10 machines ... X00 t 1--19 machine " $120.74 . • • $102.4n')n or more machines (arcade) ... 28&0€ : - - bu��nPss tax receipts Commission approval will be required before �husiness taxes shall be as will be issued for the fallowing businesses, and follows: Passenger vessel 1--50 passenger capacity ... 51--100 passenger capacity .. • �� a 1 -50 5 0 101 or more passenger capacity • • • S G Day labor employment service .. . ol,5ti� c,A Escort service ... 8 08 Body piercing/tattoo artist ... 9-77-5-627-5-€1 � sT, 00 T ingerie modeling shop ... ,,62 cn 900 telephone service or equivalent -� `�� Sexually oriented live entertainment 0 Teen club .. . 5724 5116.60 S1.157.h7 $144 701.12 $5 788.19 $2R 940.69 S22n 5T) $78 940.0 $78,940.67 VR 940.67 $5517..50 SECTION 4. section 90-76, Casualty Risks, is herehy amended to read as follows: Sec. 20-76. Casualty risks. There is herehv assessed, imposed and levied on every in hall hereafter eno nce erati or corporation othPi insurer now engaging in or carrying on.h d carry on the business of insuring with respect to casualty risks, as shown by the drecor s of the insurance commissioner of the state, an excise or sebusiness tax in addition to _ excise tax any 1ebusineSs tax or - • .. S,nR of levied bythe city, which tax shall he in the amount as established by E.S. 18 now _ledpolicyholders on all premiums collected the gross amount or receipts of premiums from p within the corporate limits of the city. on casualty insurance policies covering property S ECTTON 5. Section 20-77. Property insurance, is hPxehy amended to read as thllows: Sec. 0-77. Property insurance. AGENDA ITEM # 7P SEPTFMRER 11, 7nn6 There is herehv assessed, imposed and levied nn every insurance company, corporation or other insurer now engaging in or carrying on. or which shall hereafter engage in or carry on the business of property insurance. as shown by the records of the insurance commissioner of the state, an excise or liccnscbusiness tax in addition to any lirpncnhusiness tax or excise tax now levied by the city, which tax shall be in the amount as estahlished by F.S. 175.101 of the gross amount or receipts of premiums from po1icyholders on a11 premiums collected on property insurance pnlicies covering property within the corporate limits of the city. CPCTTON 6. Section 70-78, Payment date, is hereby amended to read as follows: Sec. 20-78. Payment date. The liccnscbusiness or excise taxes levied in section 20-76 or 20-77 shall be due and pavahle annually on the first day of March of each year. SECTION 7. This ordinance shall take effect Octoher 1.7nn6. PASSFT) by the City Commission on first reading this day of , 2006. PACSFD by the city commission on second and final reading this day of , 2006. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ATTEST: AT. AN C. TFNCFN, FSQUTRF DONNA RUSSFY City Attorney City Clerk AGENDA ITEM # 9A SEPTEMBER 11, 2006 September 5, 7.006 MEMORANDUM Tn: The Honorable Mayor and Members of the cnmmissinn Mayport Road Medians; The next report from the cnnsultants designing the medians fnr Maypnrt Road will be presented to the public in a meeting scheduled nn Monday. September 1 Rr" at (:00 pm in the Atlantic Beach Cnmmiccinn Chambers. Elected officials, the media and the public are invited to attend. Hosting African Lewers; The City of Atlantic Beach has heen asked to host a group of newly elected nfficials from several African nations for a day. several nther groups have visited nor cites in recent years. They will be in Atlantic Beach sometime between September 23rd and 7 th (exact dates yet to he determined). The request fnr hosting this group cnmes from the International Visitor Corps of Jacksonville through a program of the U. R. State Department. Typically, past delegations have been greeted by a welcome frnm the Mayor, presPntatinnc frnm various city staff about the council/manager form of government as well as details about varinus city services, a luncheon and tours of city facilities. Often, these visits provide an opportunity not only for our visitors to learn about our fnrm of gnvernment, but also fnr us to learn about government in foreign countries. One recent quectinn from officials representing formerly soviet block countries was "Who on the city staff makes the decisions about how many used car dealers (or other businesses) would he permitted?" The details nfthe visit will be provided when avai l abl e. Building Official: Tn recent months, Atlantic Reach has required more infnrmatinn nn the applications for building permits than was required in the past. This is in connectinn with the retirement of our past Building official and utilizing the cnntract services from a private nrnvider until a new official can be hired. The change has created some prohlems for builders. mostly by delays in gettina their building permits apprnved. By the time of the commission meeting on September 1 l . one change will have already heen made to ease the situation and another step will be taken soon. The first change is to have a building official or plans examiner nn a five day Der week basis so that there will he someone inCites Na11 every business day fnr builders to ask questinns about their permits. Previously, the City had contracted for a building official nn a AGENDA ITEM # Q A SEPTEMBER 11. -)nn three day per week hasis to keep the cnsts down. A second step is to schedule a wnrkshnp for builders to meet with the managers of ('TFA (the private provider to the City) and City staff and learn how to expedite permit approval. This wnrkshop is scheduled for Friday, September 15th at 1(1;(1(1 am, The City of Atlantic. Reach is still accepting applications and interviewing candidates for the Building Official position. Since this joh was originally posted, the City has received a total of 30 applicants, 12 of which have the state certification as a Building Administrator. Most of those have already been interviewed. Many of the 30 candidates that do not have the building official certification include architects, builders and others with extensive knnwledge of the Florida Building Cnde. uowever, according to State rules they cannot approve building permits until they get a "provisional" certification which can take as long as 90 days to approve. Anyone operating under such a certification has additional limits on their authority. Atlantic Reach is not the only city in Florida that has had difficulty in hiring people with the necessary State certifications. The Building Officials Association n£Florida, Tnc, wehsite currently hag postings of over 100 openings in Florida for building officials. inspectors and related jobs. Atlantic Reach will cnntin„u to advertise for a Building Official until the position can be filled.