Amended Agenda Items only 11-12-13 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
November 12, 2013 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of October 14, 2013.
B. Approve the minutes of the Special Called Commission Meeting of September 23, 2013.
C. Approve the minutes of the Commission Workshop of September 23, 2013.
D. Approve the minutes of the Town Hall Meeting of October 19, 2013.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM
LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION
ON THESE ITEMS.
A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity
Report, List of New Business Taxes and Utility Sales Report for September 2013.
*B. Reject all bids for East Coast Drive Drainage and Streetscape Improvements (Bid No.
1213-12).
C. Extend the annual contracts for environmental laboratory services (RFP 10-08) for one
additional year to Columbia Analytical Services, Environmental Conservation
Laboratories, and Advanced Environmental Laboratories, Inc. at the current contract
prices.
D. Extend the contract for Orthophosphate (Bid No. 1011-05) for one additional year to
Carus Phosphates, Inc. at the current contract prices, effective December 1, 2013.
E. Extend the contract for Polymer (Bid No. 1011-03) for one additional year to Fort Bend
Services, Inc. at the current contract prices, effective December 1, 2013.
F. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No.
1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through
October 31, 2014 and authorize City Manager to sign the new contract.
G. Award a contract to J. Collins Engineering Associates, LLC for completing the
Professional Engineering Services for Power Systems and Arc Flash Studies for Water
Treatment Plant Nos. 1 — 4 (RFP 13-03) in the amount of$53,975 and authorize the City
Manager to sign the contract.
5. Committee Reports
None.
1
6. Action on Resolutions
None.
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Renewal of employee benefit insurance policies (health, dental, disability, etc.) (City
Manager)
*B. Approval of Special Magistrate for Dangerous Dogs. (City Manager)
**C. Public Hearing on UBEX-13-00100071, 57 West 9t h Street. Request for use-by-
exception as permitted by Section 24-111(c)(6), to allow the sale of electric vehicle,
including street legal golf carts, to be located on a property within the Commercial
General (CG) zoning district at 57 West 9th Street.
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment of Retiring Commission
Oath of Office for New Commission
• James(Jimmy)Hill - Commissioner Seat 4
• Jonathan Daugherty- Commissioner Seat 5
• Carolyn Woods -Mayor-Commissioner Seat 1
Call to Order of New Commission
11. Courtesy of Floor to Visitors
12. Recognition of Outgoing Mayor
A. RESOLUTION NO. 13-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING
MAYOR LOUIS "MIKE" BORNO,JR. FOR HIS DISTINGUISHED PUBLIC SERVICE.
**13. A. RESOLUTION NO. 13-16
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A
MORATORIUM ON THE ENFORCEMENT AGAINST STORING AND PARKING OF
RECREATIONAL VEHICLES ON RESIDENTIAL LOTS, AND PROVIDING AN
EFFECTIVE DATE
14. City Manager Report
15. Comments from Mayor and Commissioners
A. Amend noise ordinance to prohibit lawn work before 9:00 a.m. on weekends.
(Commissioner Mark)
B. Project List. (Commissioner Mark)
(Note: During the workshop on October 28, 2013, the Commission decided to schedule a
workshop on December 9,2013 at 5:00 pm to discuss this item.)
C. Report on Solid Waste Contract. (Commissioner Daugherty)
D. Design for remodeling and expansion of Police Building. (Mayor Woods)
2
(Note: During the workshop on October 28, 2013, the Commission decided to
schedule a workshop on November 18, 2013 at 5:30 pm to discuss this item.)
**E. Request letter of commitment to the Florida Department of Transportation (FDOT)
seeking their support and funding. (Mayor Woods)
Adjournment
* These items have been revised since the workshop meeting of October 25, 2013.
** These items have been added to the agenda since the workshop meeting of October 25, 2013.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 pm
on Friday,November 8, 2013.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered
at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
3
AGENDA ITEM 11 413
NOV'1;M13L;R 12,2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Reject All Bids for East Coast Drive Drainage and Streetscape
Improvements
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: October 16, 2013
STRATEGIC PLAN LINK: 14. Stormwater Master Plan Projects.
BACKGROUND: The purpose of this Stormwater Project was to resolve intermittent
flooding at the East Coast Drive and Atlantic Blvd intersection caused by a too
small storm pipe running from Atlantic Blvd to Ahern Street. Because of the
construction required for a resolution meeting the City's Drainage Level of
Service Standards while not causing new stormwater issues downstream (Sherry
Drive), Staff proposed to include a Streetscape element to the project that would
make East Coast Drive off Atlantic and Ahern Street between East Coast and
Ocean Drives match the existing Town Center Streetscape. This proposal was
approved and funding included in the FY 13-14 Budget. Bid number 1213--
was opened on October 17, 2013 at 3:00 PM. There were seven bidders. All bids
exceeded the available project budget, with the lowest bid at$612,923.58 by
Florida Infrastructure, Inc.
BUDGET: Budget balance for the combined project for the East Coast Drive Drainage
Improvements (PW 1306) and Streetscape Improvements (PW14O1) is$396,686.
An additional $48,214 has already been expended for Survey, Geotechnical and
Design Engineering and Permitting.
RECOMMENDATION: Staff recommends the Commission reject all bids. Staff is working
with Edwards Engineering to see if a down scoped project can still provide
reasonable water level reductions at this intersection. If a satisfactory solution
can be obtained, Staff proposes to revise the Plans and Bid Specifications, and
then advertise for Rebid.
ATTACHMENTS: Bid Tabulation Sheet
REVIEWED BY CITY MANAGER:
AGENDA ITEM#8B
NOVEMBER 12,2013
AGENDA ITEM NO. RiS
DATE: /1/ov&1)76e.;- I ,, 01
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appointment of Special Magistrate
DATE: October 25,2013
SUBMITTED BY: Jim Hanson, City Manag•
Alan Jensen, City Attory, r
Michael D. Classey, Chief o f'olice
SRATEGIC PLAN LINK: N/A
BACKGROUND:
The City Commission recently added Section 2-146.1 to the Code of Ordinances.This section
requires that a Special Magistrate(s)to hear dangerous dog cases be appointed by the City
Manager subject to the approval of the Commission.
The City advertised for the position of Special Magistrate and received five(5) applications. A
panel consisting of the City Manager, City Attorney and Police Chief interviewed all 5
candidates.Attorney Jeb Branham was selected by the panel as the best qualified for the
position.
Mr.Branham has been a practicing attorney for almost 20 years. His office is located at the
Beach and he has been the Town Attorney for Baldwin and Callahan for the past 10 years. His
responsibilities include prosecuting code enforcement violations,handling all land use and
zoning matters and conducting quasi judicial proceedings.He has also handled some legal
matters for the Town of Hilliard.
The panel believes that Mr. Branham's training,education and experience uniquely qualify him
for the position of Special Magistrate.
BUDGET: Will be based upon the number of dangerous dog cases held. Staff anticipates that
expenses will be less than$1,000 per year.
RECOMMENDATIONS: To approve the appointment of Jeb T. Branham as Special
Magistrate for the City of Atlantic Beach.
ATTACHMENTS: Attorney Jeb T. Branham's resume
•
AGENDA ITEM#813
NOVEMBER 12,2013
:4 NSA I
City of Atlantic Beach
f '
Response to Request for Proposal
Special Magistrate for Dangerous Dog Enforcement
REPRESENTATION PROPOSAL
SUBMITTED BY
J EB T. B RANHAM, 1c so.
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ORIGINAL
J EO T . BRAN HAM
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AGENDA ITEM#8B
NOVEMBER 12,2013 r
City of Atlantic Beach
r- k
Response to Request for Proposal
Special Magistrate for Dangerous Dog Enforcement
•RPM QUALIFICATIONS
THE BENEFIT OF EXPERIENiCE DEVELOPED AT TWO OF'THE NATION'S BEST AND LARGEST LAW
FIRMS COMBINED WITH f 0 YEARS OF REPRESENTING MUNICIPAL GOVERNMENTS
My goal is to bring every client the benefit of experience developed at two of the nation's best and largest law
firms - I•i etTh6i.eL"voode <n J -with the personal attention you can only get from a small
practice. We deliver the legal sophistication gained from working in a big firm environment for some of the
world's largest corporations like the Coca-Cola Company, General Motors, Eli Lilly &Company, Novartis
Pharmaceuticals, and 3M combined with individual, personalized attention.
Otim.rlti' e)e' r.-u• 'ici
Practicing at the best firms and working for the most demanding clients in the world puts an attention to quality in
our work that most lawyers never have the opportunity or need to develop.
r RVIr'r-. AS TOWN Al--I'ORNE.Y 1-OR TWO MI.JNIC1I'I,t 11'11'`; & 0.1'I I'xf ERi<NCr1:
Jeb Branham has the honor and benefit of working as the Town Attorney for Callahan for ten years and as the
Town Attorney for Baldwin for nine years.There are few attorneys in the area with this experience handling the
legal matters unique to municipalities and government, combined with sophisticated, broad-based litigation
expertise.
My service as a town attorney includes the responsibility for prosecuting code enforcement violations, handling all
land use and zoning matters and the conduct of quasi-judicial proceedings. I have conducted dozens of quasi-
judicial proceedings, including numerous rezonings, annexations, and comprehensive plan amendments. During my
tenure, the Town of Callahan had a zoning matter proceed to Fla. Stat. s. 70.51 special magistrate proceedings and
a subsequent appeal to the Circuit Court. The Circuit Court upheld the Town's decision. On occasion, I represent
private clients in land use and code enforcement matters, both before city councils, in the state trial courts, and on
appeal.
As the attorney for two Towns, I understand the importance of maintaining a thorough knowledge of and ensuring
full compliance with state public records, public meetings, and ethics laws. Drafting legislation and regularly
conducting hearings in which a municipality renders judgments affecting citizens' rights has given me the
experience necessary to effectively balance the sometimes competing Interests of the government,individuals,
property owners, neighbors, and the citizenry as a whole,
J . k Rl . B / Al..„4 Hr\ m
AGENDA ITEM U 813
NOVEMBER 12,2013
•
City of Atlantic Beach
Response to Request for Proposal
y1 . 1r
Special Magistrate for Dangerous Dog Enforcement
PEF ONAl_ EXPERIENCE
I have been a dog owner for 13 years. I also lived next door to a dog that was eventually designated a dangerous
dog and destroyed.The next door neighbors' dog tried to bite both my father and my wife,as well as other
neighbors. I had to physically prevent the dog from biting my wife.These incidents caused me to learn the laws
applicable to aggressive animals.After the owners moved away, the dog injured someone,leading to the dog's
destruction.Despite the dog's aggression towards others, the dog's owners loved it and considered it a gentle pet
for their son.The experience of being both a long-term dog owner and a neighbor to an aggressive dog gives me a
unique perspective to bring to the decision-making process required of the Special Magistrate.
GOVERNMENTAL, L1TIGA'IION EXPI-2RIENCE:
• Began representing the Town of Callahan in 2003 to resolve numerous claims from prior administration's
misconduct.
• Resolved proceedings instituted against the Town of Callahan by the Florida Department of Transportation for
utility relocation charges at a six-figure savings over FDOT's demands.
• Resolved administrative proceedings instituted against the Town of Callahan for misconduct by a grant
administrator at a six-figure savings over the Department of Community Affair's demands.
• Resolved inverse condemnation and trespass litigation filed against the Town of Callahan resulting from r-etentior
pond constructed illegally on private property for market value of property.
• On behalf of the Town of Hilliard, successfully resolved litigation between the Town and building contractor ove
conversion of church into new Town Hall.
• Served as lead negotiator for the Town of Baldwin on union contract with Teamsters.
• Obtained a dismissal with prejudice of a lawsuit filed against:the Town of Baldwin by a former employee when
prior litigation attorneys representing the Town were unsuccessful.
• Obtained a temporary injunction for the Town of baldvvin to stop the operation of an unauthorized borrow pit.
• Obtained a temporary injunction for the Town of Callahan to stop unpermitted construction.
• Successfully defended the Town of Callahan's denial of a site plan In certiorari proceedings.
• Obtained defense verdict for private corporation in code enforcement action in which the City of jacicsonviile
sought over $400,000 in fines.
• Appealed denial of variance for private landowner via writ of certiorari and obtained agreed-upon resolution vvitl
the City of Neptune Beach.
• Obtained multiple court orders authorizing the demolition of nuisance structures In code enforcement
proceedings.
JEB T . BRANHAM
2
AGENDA ITEM#SB
NOVEMBER 12,2013
City of Atlantic Beach
Response to Request for Proposal 1 '
rr
Special Magistrate for Dangerous Dog Enforcement
PERPORMANcE OF JOB REQUIREMENTS
h XPi RIENCE-DI't4J APPROACH
I will use my years of municipal and quasi-Judicial experience to conduct rock-solid code enforcement hearings
on dangerous dog cases. 1 understand dangerous dog cases involve cricitcal issues of public safety and draw alit
strong emotions and serious concerns on all sides. I will balance the interests of the City of Atlantic Beach, dog
owners, and neighbors to ensure fundmental fairness for all and due process for the alleged violator.
I will develop written guidelines and basic procedures to provide advance notice to alleged violators, code
enforcement officers,witnesses, and others about how hearings will be conducted to ensure fairness and
minimize in-hearing disruptions and controversies. I will incorporate any similar guidelines currently in use by
Atlantic Beach into our materials to insure continiuity.
We will prepare agendas that include all cases set for hearing on a hearing day. I anticpate the City Attorney or
a member of Atlantic Beach's administrative staff will present the cases to no for decision in accordance with
Fla. Stat. s. 162.07(2).We will require sworn testimony and will provide opportunities for cross examination.
After hearings, I will prepare written findings of fact, conclusions of law, and an order to effectuate all
decisions. I anticipate using court reporters to transcribe proceedings to meet the recording requirements of
Fla. Stat. s. 162.07(3) and to create effective records if decisions are appealed to the Circuit Court,
I will be the only attorney handling the special magistrate duties, I have practiced law since 1995 and am
licensed in Georgia and Florida. I was recently elected to the State Bar of Georgia Board of Governors. I
always pay careful attention to the public's budgetary concerns and routinely deliver services to government
clients under budget. I bring a practical approach to my firm's work. As a special magistrate that means
conducting fair, transparent hewarings, issuing prompt decisions that will withstand appeal, and spending only
the minimum hours necessary to achieve those results.
My experience in municipal law, litigation, and quasi-judicial p
proceedings will allow me to prepare, conduct hearings, and write
yr
decisions efficiently.My goal is to use my experience to perform the
-
job well while minimding billable hours. ..
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_JEB T . BRANHAM
3
AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach r.
Response to Request for Proposal I mar
Special Magistrate for Dangerous Dog Enforcement
RESUME °~ —1E13 T. BR ANHAM
3500 3rd Street South—Jacksonville Beach, Florida 32250
(904) 339-0500:jeb @jebbranham.com
www.jebbr•anham.com
LICENSES AND COURT ADMISSIONS
Florida Barr, September 2000. Also admitted to U.S.D.G., Middle District of Florida and the Eleventh Circuit
Court of Appeals.
Georgia Bart November 1 995. Also admitted to Georgia Supreme Court and Court of Appeals and U.S.D.C.,
Northern District of Georgia. Authorized by the State of Georgia to appear as sole or lead counsel at trials and
depositions.
LEGAL EXPERIENCE
jeb T. Branham, Esq, Jacksonville Beach, Florida (1/200 2 present). Sole practitioner or partner in small
firm from 2002 to 2010, practicing in commercial and municipal law, emphasizing litigation, both trial and appellate.
Representative matters include Town Attorney for Baldwin and Callahan, Florida, settling administrative law matters
with the State of Florida $500,000 under State's demand, litigating the fleet-wide failure of marine engines for Costa
Rican fishing lodge and subsequent nation-vvlde class action, general counsel representation of national auto painting
franchisor, litigating easement rights between regional restaurant and land developer, and trademark registration for
state and national surfing organizations.
McGuireWoods, Jacksonville, Florida (112000 - 12/2001). Commercial litigation department representing bat
institutional and closely-held businesses in disputes from banking procedures to business torts. Representative
matters include litigation arising from the sale of multi-million dollar companies, distributorship termination, the fleet
wide failure of marine engines, and at trial and I l`h Circuit appellate level— the termination of physicians from an
insurance network. Responsible for all aspects of litigation including coordinating and drafting discovery, taking and
defending depositions, and court appearances.
King& Spalding, Atlanta, Georgia(5/1999 - 1 2/1999). Tort litigation team defending automobile and medical
device manufacturers and commercial litigation team defending Coca-Cola in Pepsico v. Coca-Colo antitrust litigation.
Defended high exposure and nationwide litigation matters (both pending and potential), with extensive experience
addressing document production logistics and privilege issues. Start-to-finish case handling responsibility for General
Motors automotive products liability cases.
JEp 1 . BRAN1-HAM
4
AGENDA ITEM#$B
NOVEMBER 12,2013
•
City of Atlantic B each
Response to Request for Proposal
Special Magistrate for Dangerous Dog Enforcement
RESUME, CONTINUED
Hawkins & Parnell, Atlanta, Ga (9/1 995 -411998). Products liability defense for prescription
pharmaceuticals, medical devices, clothing and textiles, and industrial products. Broad range of litigation
experience representing insurers and insureds in commercial disputes and personal Injury defense. Start-to-
finish case handling and billing responsibility with extensive client contact. Developed and implemented
document retention policy for international medical device manufacturer. Published opinion; Presto v. Sandoz
Phorrmr5ceutico1s Corp., 226 Ga. App. 547,487 S.C.2d 70 (1 9997).
PROFESSIONAL ASSOC
Elected to the Board of Governors of the State Bar of Georgia in 2013
o Member of Florida Bar (member of City, County, and Local Government Law Section and Business Law
Section)
• Member of the State Bar of Georgia
• Member of the Jacksonville Bar Association
EDU CATION
University of Tennessee College of Law Emory University
Knoxville, Tennessee Atlanta, Georgia
Juris Doctor, cum laude, May, 1 995 BA, English 1 192
Honors and Achievements. Top 15% of law school class, dean's list all semesters; University of Tennessee
Law Review;Am.Jur. awards in Con Law II and Criminal Procedure. Merit scholarship from Southeastern
Bankruptcy Law Institute.
BACKGI OUN D
Born 1 970. Knoxville,Tennessee. Married to Michelle for 12 years with one five-year old son. Civic activities
include former Board Member for Frum the Ground Up and Surfrider foundation, First Coast Chapter. Member
of and Sunday school teacher for Palms Presbyterian Church and served on the search committee for a new
pastor. Member of the legal committee of the Ocean Cay Homeowner's Association.
IEB T _ BRAN HAM
5
AGENDA ITEM M II 813
NOV1 MI3ER 12,2013
City of Atlantic Beach j
i s F. - f4}
Response to Request for Proposal �;.
Special Magistrate for Dangerous Dog Enforcement x 4, -
FIRM OUTLINE OF FEES & ESTIMATE OF EXPENSES
The fee for my services is $175 per hour.This includes hearing time,time spent preparing hearing
materials,and time spent writing decisions and orders.
The only anticipated expenses are court reporter fees.I anticipate using Powers Reporting for most
hearings.At my request, Powers Reporting has agreed to a flat-fee discounted rate of$75 for hearings.
Preparation of hearing transcripts will cost$4.50 per page,and copeis of transcripts will cost$2.00 per
page.Transcripts are likely to be prepared only when convicted violators appeal.In such instances,the
violator must pay for the transcript.In many instances,the $75 flat fee will be the only fee incurred by
Atlantic Beach.
CONTACT INFORMATION
I can speak about the items described in this proposal. 1 may be reached at:
3500 3rd Street South
Jacksonville Beach, Florida 32250
(904) 339-0500
POSITIVE REFERENCES
The Honorable Shirley Graham The Honorable Stan Totman
Mayor;Town of Callahan Mayor,Town of Baldwin
Telephone: (904) 879-3801 Telephone:(904) 266.5031
Facsimile:(904) 879-615I Facsimile:(904) 266..4220
Email:mayaritownofcallahan-fl.gov Email: baldwinmayorcomcast.net
Lisa Purvis
Clerk,Town of Hilliard
Telephone:(904) 845-3555
Facsimile: (904) 845-1221
Email: 1purvis@tovv-nofhilliard.com
townofhilliard.com
1 EF3 Te BRAN HAM
6 ■
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AGENDA 11kM II RC
NOVEMBER 12,2013
AGENDA ITEM NO,
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Hearing for UBEX-l3-00100071
SUBMTrrED BY: Michael Griffin,C130, CFM
Building and Zoning Director
Jeremy Hubsch
Redevelopment a d Zoning Coordinator
DATE: October 18, 2013
STRATEGIC PLAN LINK: Goal Number 7,Mayport Corridor.This goal is to build,encourage,and
support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and
adjoining neighborhoods.
BACKGROUND: Request for a use-by-exception to allow for the sale of electric vehicles at a vacant site
at the corner of Mayport Road and 96 Street West.The property is zoned Commercial General (CO). The
applicants own an electric vehicle sales business that is currently located along Mayport Road in
Jacksonville. They claim to do about 90% of sales online and serve a customer base that is primarily
outside of North Florida. The applicants previously applied and were approved for a use-by-exception on
a different piece of land they own,which is one block away from this proposed location.
After their original use-by-exception was approved, the applicants changed their mind and decided to
open their business on a different parcel they own. This requires them to get a new use-by-exception.The
new location fronts Mayport Road,thus requiring the applicants to meet Commercial Corridor standards
for the new building they intend to construct. Additionally,they will have to meet all other development
standards required by city codes.Details of the regulations specific to the site are listed in the attached
CDB staff report.
The Community Development Board considered this request along with comments from staff and the
applicants at the October 15a meeting,and the Board recommended approval by a vote of 6-0, finding the
request is consistent with the Comprehensive Plan as well as Section 24-63 and Section 24-111(c) of the
Land Development Regulations.
BUDGET: None.
RECOMMENDATION: Motion to approve as recommended by the Community Development
Board.
ATTACHMENTS: Draft minutes of the October 15, 2013 Community Development Board
meeting;copy of Community Development Board staff report; copy of LTBEX-13-00100071 application.
REVIEWED BY CITY MAIN-11 :
AGENDA ITEM#BC
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board NOVEMBER 12,2013
` i7
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
October 15,2013
1, CALL TO ORDER.-6:00 pm
Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Patrick Stratton and Sylvia Simmons. The meeting was called
to order at 6:00pm. Also present was Redevelopment and Zoning Coordinator, Jeremy
Hubsch and Recording Secretary Jenny Walker..
2. ADOPTION OF MEETING MINUTES-August 20,2013.
Brea Paul called for a motion to approve the minutes of the August 20, 2013 regular
meeting. Jason Burgess moved that minutes be approved as written. Kelly Elmore
seconded the motion and it carried by a vote of 6-0.
3. OLD BUSINESS.None.
4. NEW BUSINESS.
A. UBEX-13-00100071, 57 West 9th Street.
Public hearing- Request for use-by-exception as permitted by Section 24-111(c)(6), to
allow the sale of electric vehicles,including street legal golf carts, to be located on a
property within the Commercial General (CG)zoning district at 57 West 9th Street.
Staff Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a
Report presentation about Use By Exception 13-00100071. Mr. Hubsch
noted UBEX and ZVAR is for the same applicant. Initial request
was for a different lot and now they have changed their mind and
they would like to get the same UBEX and ZVAR for a lot on corner
of West 9th St. and Mayport Rd. This requires them to go through
the entire process all over again. By relocating to this 9th St.
location this should alleviate some of the traffic issues that we
were concerned with on the other lot. The original site was
bordering residential property, whereas this one will be bordering
strictly commercial properties. The development standards for
this site are max building height of 35 feet, the setbacks are 20
feet on the front, 10 feet on the side or the rear. They are
required to do a landscape plan and a sign permit. And will have
to meet the Commercial Corridor standards. It is an electrical
Page 1 of4
AGENDA ITEM#8C
NOVEMBER 12,2013
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
vehicle sales business. 90% of their sales are online. They have
limited traffic and limited visitors based on the nature of their
business. One of the decisions you will need to make is whether or
not you will want to revoke the original UBEX if this one is
approved, it could remain and they could potentially build on the
other site in the future. The applicants also want to be able to
display some of the electric cars along Mayport Road.
Applicant The applicant, Ms. Jackrel, spoke stating their business has grown
Comment tremendously and they need a bigger building. She stated that
they are good neighbors and keep their property's adequetely
maintained. There is really no traffic flow with their type business.
They only have 6 employees. They will be able to fit 2 more
parking spaces on this new lot. They didn't want to display on 10th
St because it isn't as lucrative a piece of property. If she is going
on Mayport Road she doesn't want to be bound to not being able
to put one or two carts displayed. It would be confined on their
property and they would not have for sale signs on them, and be
put away at night. Nothing else has changed except they will gain
more space. No outside repairs. She asked that the board not
take away the last UBEX. She cannot afford to build on that
original property and this new lot at the same time Eventually she
would like to build a building on the original lot for storage with no
foot traffic.
Public No one from the public came forward to comment on the request.
Comment
Board Jason Burgess began the discussion stating he thinks the business is
Discussion
great, but he just can't find an exception for the parking. Hansen
stated he does see the parking exception based on the nature of
the business being mostly Internet they determined at the last
meeting 4 to 1 that they didn't have to have the normal amount of
parking spaces. Hansen also stated that the original UBEX expires 1
year after the date of approval. Mr. Elmore questioned if this UBEX
in line with Mayport Overlay Corridor? Mr. Elmore also stated that
we are issuing so many UBEX and Variances that we should either
do away with the Mayport Overlay for aesthetics or should be
taking these a bit more serious about what the aesthetics are going
to be up and down Mayport Road. It was also discussed that
outside display of merchandise is against our code so we cannot
approve that. The outside display will be a Code Enforcement
issue.
Motion Mr. Hansen moved that the Community Development Board
Page 2 of 4
AGENDA ITEM#8C
NOVEMBER 12,2013
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
recommend approval of the Use-by-exception (Application UBEX-
13-00100071)to the City Commission, to allow the sale of electric
vehicles, including street legal golf carts, to be located on a
property within the Commercial General (CG) zoning district at 57
West 9th Street.
Mr. Kelly Elmore seconded the motion and it passed, unanimously
6-0.
B. ZVAR-13-00100073, 57 West 9th Street.
Public Hearing—Request for variance from the provisions of Section 24-161(h)(3),to
reduce the required number of off street parking spaces from 23 to 13 on a property
zoned CG at 57 West 9th Street.
Staff Mr. Hubsch stated that this business is unique whereas they are
Report mostly an online business and won't have much retail business so
they are requesting to reduce the parking spaces from 23 to 13.
Applicant Ms.Jackrel states that they need the bigger building to be able to
Comment have a turning radius inside the building to move the electric
vehicles around without having to take them outside. She stated
that much of their building use is storage of the vehicles inside.
Public_ No public comment.
Comment
Board Board member Hansen stated we have approved this previously
Discussion and that says why wouldn't we approve it this time? Mr. Elmore
discussed justifying the reduction of parking spaces by stating that
half of their commercial space is "Industrial Use" then there is a
much lighter parking requirement.
Motion Mr. Hansen moved that the Community Development Board vote
to approve ZVAR-13-00100073, request for variance from the
provisions of Section 24-161(h)(3), to reduce the required number
of off street parking spaces from 23 to 13 on a property zoned CG
at 57 West 9th Street. Mr. Elmore seconded the motion and it
carried by a vote of 4-2. Brea Paul stated this is not addressing the
outside display of vehicles, as it is not permitted by the code.
Page 3 of 4
AGENDA ITEM#8C
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board NOVEMBER 12,2013
5. REPORTS.
A. Boats and Trailers. Michael Griffin states that the City Commission has requested
that the Community Development Board discuss the current ordinance for Boats and Trailers
and see if it needs to be amended, strengthened or lessened. He did some investigation of
surrounding jurisdictions and discussed their setbacks for boats and trailers. It was determined
Atlantic Beach has a less restrictive code than most adjacent cities and Counties. Mr. Griffin
showed photos of existing boats and trailers and explained the setback requirements. Mr.
Michael Hampton, 651 Begonia St, is an 18 foot boat owner that spoke stating that he has
spent thousands of dollars to fix up his property. He cannot get his boat on either side of his
property because his lot is too small. He states he has been cited with threatening letters for a
$250. a day fine. He thinks the code is good to control eyesores but his boat is not an eyesore.
He would have to remove a tree on his property in order for him to park his boat legally. The
board informed him he could remove the tree legally as long as he is not building in that spot.
He stated his lot is too small and the city right of way takes up most of his front yard. Mr. Paul
Gunsaulies, 780 Begonia St., a camper owner spoke stating he believes the city should make
some exceptions to residents on that side of Mayport Rd regarding storage of boats and
trailers. He stated that the residents on his street spoke to the Commissioners and Carolyn
Woods was outraged about one of the residents not being allowed to have their boat parked
there. Jonathan Dougherty suggested possibly to change the code to 15 feet off of the property
line to 15 feet off of the street for setbacks. The board discussed revisions to the cities' boat
and trailer ordinance and decided to table this item until the next meeting. The board would
like to get the number of boat, trailer and recreation vehicle violations from Code Enforcement
to discuss at the next meeting. The board would also like additional samples of the violations,
and a map showing the setbacks in Atlantic Beach be provided at the next meeting.
6. ADJOURNMENT- : 7:41 PM
Brea Paul, Chair
Attest
Page 4 of 4
- AGENDA ITEM it C
NOVEMBER 12,2013
Y dd
. 5
y-
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4A
CASE NO UBEX-13-00100071
Request for use-by-exception to allow for the sale of electric vehicles in a new building
within the Commercial General(CG)Zoning District
LOCATION 57 9Th STREET WEST
APPLICANT TED AND DEBRA JACKREL
DATE OCTOBER 5, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
STAFF COMMENTS
This Use-by-Exception is requested to allow for the sale of electric vehicles at a vacant site on 9t,Street West,which
is at the corner of Mayport Road and 9th Street West. The applicants currently operate an electric vehicle sales
business called Moto Electric Vehicles at 2426 Mayport Road in Jacksonville,The applicants recently had a Use-By-
Exception approved at a property on 10th Street West for the same use they are currently requesting.They have
since decided that they would like to open a larger facility and are seeking to open at the proposed site instead of
the original 10th Street site.However,they would like to retain their existing Use-By-Exception at the 10th Street
property if they ever decide to expand their business.
The proposed location at Mayport and 9th Street appears to be a more appropriate location than the previously
approved 10th Street site,Some residents voiced concerns about traffic impacts that the business would bring to
their neighborhood, 10th Street West is a relatively heavily traveled road,as it is the first left turn you can make
from the Mayport flyover.The ingress/egress for the proposed location at 9th Street is closer to Mayport Road and
is a less heavily traveled road than 10th Street.Additionally,the site at 10th Street directly borders a Habitat for
Humanity residential project.The proposed site at 9th Street does not border any residential.
The applicants stated in the application package that the activities on site will be contained to the inside of the
building and that a large majority of sales come from online business.This differs from the majority of automotive
sales in the area which typically have inventory on display outside. Additionally,the products that the applicant
sells appear to be of a higher quality and cost than the typical used car business along Mayport Road.Therefore,
this proposed use does not appear to be comparable or similar to other automotive sales businesses along the
Mayport Road corridor.
If this proposed use was more similar to the existing used car dealers along Mayport Road,staff would
emphatically recommend denial.However,given the uniqueness of the proposed business and the fact that there
will be no outdoor sales;staff believes the proposed use is worth consideration.
AGENDA ITEM#8C
NOVEMBER 12,2013
Comprehensive Plan
Policy A.1.10.5 of the Comprehensive Plan states, "Along the Mayport Road corridor, the continuation and
proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial
business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving
retail products and services that generate daily activity and interaction between residents of the surrounding
neighborhoods".The proposed business sells products that can be highly desirable to residents of Atlantic Beach.
In a relatively densely populated area, with a wide geographic range of community assets such as Beaches Town
Center,the marsh, and the beach; an electric golf cart or low speed electric vehicle may be preferable to biking or
the automobile. Staff believes this is particularly likely for the elderly residents of Fleet Landing, the golf club
residents of Selva Marina, or residents of the many beachside or marshside communities throughout Atlantic
Beach.
Policy A.1.14.1 of the Comprehensive Plan states, "The city shall maintain an energy efficient land use pattern and
shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the
automobile". Electric vehicles are energy efficient and better for the environment than those that use gas. Low
speed electric vehicles and electric golf carts are also commonly used as alternative forms of transportation in an
array of communities across the nation.One noteworthy example is The Villages in central Florida,where golf carts
are the preferred method of transportation throughout the community and its commercial centers.
Policy A.1.10.4 of the Comprehensive Plan states that, "retail and service uses that sustain neighborhoods, and
encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged".As previously
stated, the proposed use promotes a more pedestrian friendly environment that is less reliant on the automobile.
Additionally, the applicants are proposing a pedestrian friendly building design that locates the building close to
the street,has perimeter landscaping,and visually screens the parking area from Mayport Road.
Development Standards
If the use-by exception is approved,the proposed site plan will undergo an additional review from staff in regards
to compliance with the Atlantic Beach Land Development Regulations. The proposed site is located less than 100
feet from the right-of-way of Mayport Road,and therefore will have to meet the commercial corridor development
standards outlined in LDR section 24-171. Below are development standards that will need to be met by the
applicants:
• Maximum building height of 35'
• Impervious Surface Ratio (ISR) of 70%
• Front setback of 20'or 10'if parking is on the side or rear of building,rear setback of 10',side yard setback
of 10'where adjacent to residential.Otherwise a combined 15 total feet with five feet minimum on either
side.
• Per 24-161,b.4,no sales or business activity can occur within parking areas.
• Per 24-161.k.2,all new development requires bicycle parking.
• Commercial corridor development standards per 24-171.This includes a section that says no metal clad,
corrugated metal,plywood, or exposed concrete block are allowed as exterior finish materials.
• A sign permit will be required.The site is allowed 1 square foot of display area for each linear foot of
frontage,provided no such sign shall exceed 96 square feet or 8 feet in height,and 12 feet in width. 1 free
standing sign for every 100' of frontage,up to 3 total signs.
• A landscape plan is required. 10% of vehicular use area shall be landscaped; if storing vehicles for sale,at
least 5%must be landscaped; a landscape area of not less than 10 square feet for each linear foot of street
frontage,50% of which shall be at least a five font wide strip abutting the street right of way (except
driveways),the remaining area shall be within 25' of the right of way; a durable opaque landscape screen
along at least 75% of the street frontage,excluding driveways,must be 3'high for shrubs.
Page 2 of 5
AGENDA ITEM#8C
NOVEMBER 12,2013
•
Subject Site and Surrounding Properties
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Page 3 of 5
AGENDA ITEM#8C
NOVEMBER I2,20I3
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No.UBEX 13-00100071) to allow for the sale of
electric vehicles for property within the Commercial General (CG) Zoning District and located at
57 9th Street West provided:
1. Approval of this Use-by-Exception is consistentwiththe intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be
consistent with the uses permitted in the CG zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval:
1. No outside sales or outside placement of merchandise shall be allowed.
2. All of the development standards listed in this staff report and in the Land Development
Regulations shall be incorporated into the design at construction plan approval.
Page 4 of 5
AGENDA ITEM#8C
NOVEMBER 12,2013
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception to allow for the sale of electric vehicles for property
within the Commercial General(CG)Zoning District and located at 57 West 9th Street provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be
inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic
impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is inconsistent with the intended redevelopment of the Mayport Road corridor.
Page 5 of 5
AGENDA ITEM#8C
• NOVEMBER 12,2013
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APPLICATION FOR A USE-BY-EXCEPTION
City of Atlantic Beach • 800 Seminole Road .Atlantic Beach,Florida 32233-5445
Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us
Date q- U 2 1 -3 File No. Receipt
1. Applicant's Name b l a. e.11 r
2. Applicant's Address i 3 t0 I—ct is 1+4.r u+J . j A"I-, FL 3 X 2,25
3. Property Location 5 T Wes-r- ci 4h S t- Gvl G SCH.,rG_
4. Property Appraiser's Real Estate Number 1 101 1( 110110. Block No. t'R 0 Lot No. 1
I10- 3 ) 11Oi11
5. Current Zoning Classification LCe Compre ensi a Plan Future Land Use designation
7. Requested Use-by-Exception !1l 711.x,-t1•uti Lie -S d e\
I S 1 1_C-i 3 = SOn1Z� 1i` Ci'►n MI,ecta
8. Size of Parcel 14-4-7, < toy ,s-i Lr,-i. 4 = Slid 2v 9.Utility Provider iil rc.ti+i,ri::Ten
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item,as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures,temporary and permanent,including setbacks,building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to
represent the owner for all purposes related to this application must be provided.
e. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies.(Two (2)copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs,or color attachments are submitted,please provide eight(8)copies of these.)
e. Application Fee($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s)or authorized person if owner's authorization form is attached:
Printed or typed name(s):..1 ? r.,. a _ -'e-I =�C��`fit` ��
Signature(s):
IP
ADDRESS AND CONTACT 1NFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
s
APPLICATION Na me: e 196 (t L!l,2 )
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Mailin Address: {,:;I"L L
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Phone CAI 'i 1 ---Mg FAX' l c f �. a
E-mail: I r i if) a I • 6)
AGENDA ITEM#8C
NOVEMBER 12,2013
EXHIBIT A
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
i ce' 1-1cI‘ n° -cWV res to eCjcss
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
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3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested.
-T her c, i..0•.11 be 's— ors+Q
4. Refuse, trash collection and service areas,with particular reference to items(1)and(2)above;
Nitt> Ce-t1 lk i�4-■Q 6
5. Utilities,with reference to locations availability and compatibility;
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6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
beI1t(ween your use and the adjacent use. EenC.-- C-'\re d�•c 1 ,'L 5t- - acts e; c er r
7. Signs, if any, and proposed exterior lighting,with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising,Chapter 17.)
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8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
X411 C-Cc1_.\acenr p—Z.rect-i C S CL fr.,
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Other information you may wish to provide:
AGENDA ITEM#8C
NOVEMBER 12,2013
Debra and Ted.Jackrel
13707 Little Harbor Ct.
Jacksonville, FL 32225
(904) 221-7888
ourfamily2 @mindspring.com
Mr. Jeremy Hubsch, Redevelopment and Zoning Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5817
ihubsch(@,coab.us
Property Location: 57 West 9th Street Atlantic Bch, FL
Corner Mayport Road and W 9th Street
(4) Lots: 170771-0000 thru 170774-0000
September 23, 2013
Dear Mr. Hubsch:
Please submit the following statement of facts and special reasons for the requested USE- BY-
EXCEPTION
1) Existing (4) lots had already been approved, back in approximately, 1998, as a parking lot, for our
auto dealership. This property has been used for this purpose, consistently, up to and including the
date of this letter.
2) As per your research, in order to improve upon this property location, the prior approvals cannot be
grandfathered if any improvements to the property take place; therefore requiring another use-by
exception application.
3) We would like to build a building on the existing (4) lots as per the rendering sketch attached.
Please be advised that this property will be used by our business: Moto Electric Vehicles, as has already
been approved for the West 10th Street lots.We are seeking approval to change the location from our West
10th Street lots to these West 9th Street lots, for the immediate construction of our new facility.
Reasons:
a) Originally, this property had a"potential" buyer, as we were attempting to sell this property. This deal
has now fallen through, and thus is causing us hardship to retain this corner lot with no lease or sale
in the near future.This is the major reason for the re-application to the West 9th Street property
b) Basically the same neighborhood, so locals should not be upset with the change of location
c) Building size can be increased by— 200 square feet
d)Additional two parking spots will be created
e) External Display area will now be usable
f) Loading dock will not affect the incoming traffic off Mayport Road, as W9th Street does not have the
break in the middle divider
g) Adjoining properties are both commercial, as are Surrounding properties, across the street, which
will make the neighborhood more user friendly.
h) Entrance and Exits from the property will be on W 9th Street
Please grant us the use- by exception so that we may commence final building plans and construction, and
not delay the process. Thank you for expediting the scheduling for the next approval meeting.
Best Reg rds,
Debra Jackrel
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AGENDA ITEM#12A
NOVEMBER 12,2013
RESOLUTION NO. 13-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING
MAYOR LOUIS "MIKE"BORNO,JR.FOR HIS DISTINGUISHED PUBLIC SERVICE
WHEREAS,Mike Borno has served the citizens of Atlantic Beach as an elected official for a total of 14
years and 7 months,which he served with distinction accomplishing many strategic priorities; and
WHEREAS,Mike Borno represented the citizens of Atlantic Beach in a forthright, honest and objective
manner; and
WHEREAS, for the past 13 years,Mike Borno has been one of the most actively involved members of
the Northeast Florida League of Cities, which consists of 34 cities in the northeast area. He served with
distinction as the Regional Director for six years and as President for the past two years; and
WHEREAS,Mike Borno attended six Annual Legislative Conferences, several Legislative Action Days
and numerous meetings in Tallahassee as requested by the Florida League of Cities to speak with our
legislators on important issues affecting our City such as Home Rule and pension reform; and
WHEREAS,the City Commission recognizes what a valuable and important contribution Mike Borno
has made as a member of the City Commission and as a citizen of Atlantic Beach. With his help and
guidance, the citizens of Atlantic Beach have benefited greatly from the numerous projects and list of
accomplishments that were completed during his tenure. These projects include; the opening of Dutton
Island Preserve for public use, construction of the Oceanside Rotary Skate Park, completion of the Hopkins
Creek drainage project, implementation of the revitalization project for Mayport Road/A1A Commercial
Corridor, the creation of the River Branch Preserve, completion of the wastewater treatment system
expansion and consolidation and dedication of the Beaches Veterans Memorial Park; and
WHEREAS,Mike Borno gave most generously of his time,talents, and energy to preserve the character
and quality of life in Atlantic Beach for the benefit of all the citizens and the influence that he had upon the
development in this City and the gracious residential atmosphere its citizens enjoy is apparent to all.
NOW THEREFORE BE IT RESOLVED, the City Commission of the City of Atlantic Beach, Florida,
hereby expresses its deep appreciation for the dedicated service and contributions of Mike Borno and on
behalf of the citizens of Atlantic Beach extend heartfelt gratitude and best wishes for continued success and
happiness in the future.
ADOPTED by the City Commission of Atlantic Beach,Florida,this 12`11 day of November 2013.
Carolyn Woods,Mayor
Maria Mark,Mayor Pro Tem Jonathan Daugherty,Commissioner
Mark Beckenbach, Commissioner Jimmy Hill, Commissioner
AGENDA ITEM#13A
NOVEMBER 12,2013
RESOLUTION NO. 13-16
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
IMPOSING A MORATORIUM ON THE ENFORCEMENT AGAINST
STORING AND PARKING OF RECREATIONAL VEHICLES ON
RESIDENTIAL LOTS,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sec. 24-163(b)(2) of the Atlantic Beach Code of Ordinances restricts the
parking and storage of recreational vehicles, boats or boat trailers, or other type of trailer, so that
they can be parked or stored no closer than 15 feet from the front lot line and must be parked
generally perpendicular to the front property line, and
WHEREAS, the City Commission is waiting for a recommendation from the Community
Development Board on this issue, and the Community Development Board has had discussion
thereon, and will continue to have discussion and then make recommendations to the City
Commission, and
WHEREAS, until a recommendation is received from the Community Development Board
and any decision going forward is made by the City Commission, it is in the best interests of the
City of Atlantic Beach and its residents and property owners to temporarily impose a moratorium on
the enforcement of storing or parking recreational vehicles as set forth in Sec. 24-163(b)(2) of the
Atlantic Beach Code of Ordinances.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. A moratorium is hereby imposed on the enforcement against storing and
parking of recreational vehicles as set forth in Sec. 24-163(b)(2) of the Atlantic Beach Code of
Ordinances. A copy of Section 24-163 of the Code is attached hereto.
SECTION 2. This moratorium shall continue in effect until December 10, 2013, at which
time it shall expire, unless it is extended by the City Commission upon a determination that the
public need for such moratorium continues to exist.
SECTION 3. The City shall take whatever further action may be necessary in order to
implement the terms hereof.
SECTION 4. This moratorium shall not apply to any other provisions or restrictions
contained in Sec. 24-163 of the Atlantic Beach Code of Ordinances.
SECTION 5. This Resolution shall take effect immediately upon its final passage and
adoption.
AGENDA ITEM# 13A
NOVEMBER 12,2013
PASSED by the City Commission this day of November,2013.
ATTEST:
Donna L. Bartle, City Clerk Louis "Mike"Borno, Jr.,Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Resolution No. 13-16 Page 2 of 2
AGENDA ITEM# 14
NOVEMBER 12,2013
•
)Aclvancecl Disposal
November 4,2013
Mr. Rick Carper
Public Works Director
City of Atlantic Beach
1200 Sandpiper Ln.
Atlantic Beach, FL 32233
RE: Agreement Between the City of Atlantic Beach and Advanced Disposal Services Jacksonville,
LLC for Solid Waste,Yard Waste and Recycling Collection and Disposal Services
Dear Mr.Carper,
On May 31,2007 Advanced Disposal Services entered into the above referenced Agreement for a seven
(7)year term until May 31,2014.
As discussed,Advanced Disposal would agree to extend the agreement for an additional three(3)month
period. After such time the agreement would then extend for one(1)month on a month to month
basis. Any modification to the extension agreement must be made ninety(90)days prior to the date to
be modified.
This letter is to agree to the terms listed above upon council approval.
Sincerely,
Chris Hagan
Municipal Marketing and Governmental Affairs
Cc: Jim Hanson
7580 Philips Highway • Jacksonville, FL 32256
tel (907) 731-3440 • fax(904)731-7094 • www-AdvancedDisposaLcom
Printed on recycled paper.Please recycle. P.P:
AGENDA ITEM# 15E
NOVEMBER 12,2013
The City is collaborating with other regional groups that are working toward a
scenic destination for A-1-A through NE Florida Coastal Cities, has committed
to improving all pedestrian and bicycle routes throughout the City and has
pledged to improve the Commercial Corridors of Atlantic Blvd. and Mayport
Rd. which are controlled by the State D.O.T. To this end we need to send a
letter of commitment to the D.O.T. seeking their support and asking for all
available funding, design, construction and project management they have
available.
Below is a partial list of programs offered by the D.O.T. the City may be
eligible to participate in.
Transportation Enhancement Program
Eligible Activities
The following 12 activities are eligible for funding under the Transportation Enhancement
Program. Selecting any of the activities will provide a brief description of the activity. A more
complete description and project requirements are provided on the Enhancement Project
Requirements page.
For each of these enhancement activities, one or more of the following categories of work may
be considered for funding: planning efforts, project development and environmental studies,
design work, right-of-way acquisition, construction operations, and construction engineering and
inspection services.
Activities
Provision of facilities for pedestrians and bicycles
This category includes providing bicycle and pedestrian features that are not included or
required as part of routine transportation projects. This may include activities that enhance the
transportation system through more aesthetic routing or design, construction of facilities where
none currently exist, or by improving existing facilities to make them more usable for bicyclists
and pedestrians.
Provision of safety and educational activities for pedestrians and bicyclists
This includes non-construction safety-related activities and the reasonable costs to provide
safety and educational activities such as bicycle and pedestrian safety training, cost of
facilitators and classes. It may also include related training materials such as brochures,
videotapes, other training aids, as well as rent for leased space and limited staff salaries.
Scenic or Historic Highway Programs (including the provision of tourist and welcome
center facilities)
This category covers protection and enhancement of state or federally designated scenic or
historic highways. Funds may be used for projects that will protect and enhance the scenic,
historic, cultural, natural, and archaeological integrity and visitor appreciation of an existing
highway and adjacent area, including welcome centers.
Landscaping and Other Scenic Beautification
This category includes landscape and street-scape planning, design, and construction projects
AGENDA ITEM# I SE
NOVEMBER 12,2013
which enhance the aesthetic or ecological resources along transportation corridors, points of
access, and lands qualifying for other categories of transportation enhancement activities.
http://www.dot.state.fl.us/erne/enhance/eligible ..shtm
AGENDA ITEM' 15E
NOVEMBER 12,2013
CITY OF ATLANTIC BEACH --;' ';',1r
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233
TELEPHONE(904) 247-5800 Y'
FAX: (904)247-5845
November 12, 2013
Jordan Green and Ken Cheek
FDOT District 2
Dear Sirs:
The City of Atlantic Beach would like to formally request to be put in the Florida Department of
Transportation's District 2 Work Plan for improvements to Atlantic Beach's business corridors
of Mayport Road and Atlantic Boulevard. Having met with FDOT staff, we fee] that we have
viable projects that will both improve the aesthetics of these roads and also contribute to
Economic Development in our community. Mayport Road is a vital link between Naval Station
Mayport and Jacksonville's beach communities. Naval Station Mayport is the 3rd largest naval
fleet concentration in the US, and the 2"d largest on the East Coast. Atlantic Boulevard is a
gateway corridor from Atlantic Beach to both Jacksonville Beach and the City of Jacksonville.
Atlantic Beach is a highly desirable place to live, work, and play. As such, there are many
opportunities to attract new businesses and residents to the area, and also to improve the quality
of life of existing residents. We believe that improvements to Mayport Road and Atlantic
Boulevard will greatly enhance these opportunities.
Projects we are interested in are:
• Strcetscape projects such as: decorative pavers, special lighting, gateway signage,
landscaping
• Mayport Road and Atlantic Boulevard Flyover: murals, mosaics, uplighting, painting,
landscaping
• Bike/Ped improvements, which we will coordinate with the North Florida TPO
We ask that you please consider us for these projects for your work plan over the next few years.
We will happily assist FDOT with cost estimates, prioritizing funding for specific projects, or
whatever we can help with.
Sincerely,