2-12-18 Draft Agenda Packet
1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
FEBRUARY 12, 2018 - 6:30 PM
DRAFT AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of minutes
A. Minutes of the regular Commission Meeting on January 8, 2018.
B. Minutes of the regular Commission Meeting on January 22, 2018.
2. Courtesy of Floor to Visitors
A. Kevin Brown, Fletcher High School, AICE Marine/Environmental Science, Update on
Planting of Sea Oats
3. Unfinished Business from Previous Meetings
None.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION
IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Legal Report for December 2017.
B. Authorize the City Manager to sign the St. Johns River Management District Cost-Share
Funding Program Application for form for the Sewer System Expansion Project.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 18-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO PURCHASE THREE (3) GORMAN-RUPP PUMPS
FOR THE WASTEWATER TREATMENT PLANT.
B. Resolution No. 18-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO PURCHASE ONE GEA WESTFALIA ROTATING
ASSEMBLY.
C. Resolution No. 18-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID
#1718-02 FOR THE MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUTTON
ISLAND.
7. Action on Ordinances
A. Ordinance No. 90-18-232, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT
CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE “AUTOMOBILE SERVICE
2
STATION MORATORIUM ORDINANCE,” APPROVED AND ADOPTED BY THE CITY
COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE 90-17-229,
APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A
PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING
FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO.
90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVIDING AN
EFFECTIVE DATE.
B. Ordinance No. 5-18-65, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA REPEALING SECTION
2-19 OF THE CODE OF ORDINANCES, RULES OF CONDUCT AND PROCEDURE AT
MEETINGS, SUBSECTION (7), THE ORDER OF BUSINESS, OF THE CITY COMMISSION;
ADOPTING NEW SECTION 2-19(7); PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Public Hearing- PLAT17-0004
Request for re-plat approval as required by Chapter 24, Article 4 of the Code of Ordinances
at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10, and 12 Block 2 (54 East Coast Drive,
329, and 331 Ahern Street).
B. Selva Preserve Plat (For Discussion)
C. Future Gas Station Ordinance (Mayor Glasser)
D. Request to Consider Motion for Reconsideration on UBEX 17-0004
Request for a use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard. (For Action) (Commissioner Stinson)
9. City Manager
A. City Manager’s Report
B. Accept the 90-Day Calendar (February 2018 through April 2018).
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony
and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request
to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the
entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on
the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by
5:00 PM, Friday, February 9, 2018.
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.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
JANUARY 22, 2018 -6:30PM
MINUTES
IN ATTENDANCE
Mayor Ellen Glasser
Commissioner Candace Kelly
Commissioner Brittany Norris
Commissioner John Stinson
Commissioner M. Blythe Waters
Invocation and pledge to the flag
City Attorney Brenna Durden
City Manager Joe Gerrity
City Clerk Donna Bartle
Recording Secretary Nancy Pyatte
Mayor Glasser announced Commissioner Norris will introduce the person who will do the invocation.
Commissioner Norris introduced Mr. Wells Todd and stated she considers him to be a modem civil rights
leader and invited him to lead the meeting. This was followed by the Pledge of Allegiance to the Flag.
Call to order
Mayor Glasser called the meeting to order at 6:35PM. City Clerk Bmile called the roll and Mayor Glasser
noted that a quorum was present.
Mayor Glasser acknowledged the Jacksonville Jaguars and thanked them for a great season.
1. Approval of minutes
A. Minutes of the regular Commission Meeting on December 11, 2017.
There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted.
2. Courtesy of floor to visitors
Mayor Glasser welcomed former Mayor Mitch Reeves and Representative Cord Byrd's office
representative.
Mayor Glasser acknowledged attendance of the new Community Development Director Shane Corbin.
City Manager Genity provided a brief introduction of his background and experience.
Mayor Glasser opened Comiesy of the Floor and explained the process for public comments.
City Clerk Bartle stated there was one speaker request:
Mitch Reeves, spoke about agenda item 8E Rules of Conduct and Procedure at meetings, and spoke about
making changes, about communicating with citizens, and about transparency.
Mayor Glasser closed Courtesy of the Floor.
3. Unfinished business from previous meetings
None.
1
Agenda Item 1B
February 12, 2018
January 22, 2018 REGULAR COMMISSION MEETING
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
Mayor Glasser read the consent agenda into the record.
A. Acknowledge receipt of the Building Department Monthly Activity Repmi for
December 2017 and Monthly Financial Repmis for November and December 2017.
B. Approve the contribution request as recommended by the Cultural Arts and Recreation
Advisory Committee.
C. Declare this list of prope1iy as surplus so that the items on it may be disposed of in the most
beneficial way to the City.
Motion: To approve Consent Agenda items A, B, and C as read.
Moved by Waters, Seconded by Norris
Roll call votes:
Aye: 5 Kelly, Norris, Stinson, Waters, Glasser
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Environmental Stewardship Committee (ESC) report on Beaches Town Center
landscaping project.
Bruce Andrews, ESC Vice Chairman, addressed the Commission. As detailed in the agenda memo, he
presented a summary of the ESC meetings held December 13, 2017 and January 10, 2018, wherein they
addressed the proposed landscaping renovation at the Beaches Town Center. The total estimated cost is
$130,000 and the City of Atlantic Beach is requested to contribute one third, with the remaining amount
coming from the City of Neptune Beach (1/3) and the Beaches Town Center Agency (1/3). It was noted
that Atlantic Beach prope1iy occupies less than one third of the Town Center.
The proposed plan is to replace all the existing plants in Town Center public areas, install new irrigation,
some hardscaping, i.e. retaining walls, large coquina boulders and ground rock cover. Mr. Andrews stated
the plan includes a large, multi-trunk palm and surrounding freeze/weather tolerant plants to be planted in
the circle at the end of Atlantic Blvd.
The planting of the multi-trunk palm may preclude having the traditional holiday tree, and there are
concerns it could be viewed negatively by the citizens. The ESC feels, if this becomes an issue, it should be
addressed by Staff or Commission.
Mayor Glasser stated this can be addressed later in this meeting by City Manager Gerrity.
2
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
6. Action on Resolutions
A. Resolution No. 18-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED $43,334 FOR BEACHES TOWN
CENTER LANDSCAPING; APPROPRIATING $20,000 FROM THE PUBLIC WORKS
DEPARTMENT STREET DIVISION ACCOUNT AND $23,334 FROM THE CITY'S
CONVENTION DEVELOPMENT TAX ACCOUNT FOR THIS PURPOSE; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY NECESSARY CONTRACTS AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
City Manager Gerrity explained there is $20,000 allocated in the Public Works budget for anticipated
landscaping and the balance will be allocated from the Convention Development Tax account. He asked
the Commission to approve this proposed project to participate with Neptune Beach and Town Center.
There were inquiries from the Commission about the maintenance, about the new plantings being suitable
for this area/weather, about the one-third cost share, about the reasoning for complete plant removal/
replanting and landscape redesign, about the rocks, and about the multi-trunk palm being adaptable to the
area/weather.
City Manager Gerrity stated the City maintains the medians (and will continue) on Atlantic Blvd. and splits
the landscaping costs at the flyover with Neptune Beach. Moving forward Neptune Beach will be
responsible for the maintenance at Town Center. The Town Center Agency states the Town Center is old,
not well maintained, and in need of a new look.
Sarah Dark, ESC, responded and confirmed all the plant species are appropriate for our
weather/environment. It was confi1med the multi-trunk palm will be a Sylvester Palm, which is displayed
in the proposal from Rockaway Landscape Design.
Motion: To adopt Resolution No. 18-02 authorizing the expenditure of an amount not to
exceed $43,334 for Beaches Town Center Landscaping; appropriating $20,000 from the
Public Works Department Street Division Account and $23,334 from the City's Convention
Development Tax Account for this purpose; authorizing the City Manager to execute any
necessary contracts as necessary to effectuate the provisions of this Resolution; and providing
an effective date.
Moved by Waters, Seconded by Kelly
Commissioner Norris thanked the ESC for an excellent job with this proposal. Ms. Norris expressed her
only concern is about removal of the Christmas Tree.
Commissioner Stinson expressed his concern about removal of the Christmas Tree. He spoke about
repurposing some of the removed landscape and inquired about the landscape maintenance for Town
Center.
City Manager Genity stated their will be a new landscape maintenance company for Town Center.
Commissioner Waters spoke about the landscaping needing improvement. She stated there can be a palm
tree lighting for the holidays. Ms. Waters stated she suppmis the partnership with Neptune Beach and
Town Center to refresh this area.
3
Agenda Item 1B
February 12, 2018
January 22, 2018 REGULAR COMMISSION MEETING
Commissioner Kelly expressed appreciation for the ESC and this proposal. She thanked the City Manager
for providing the budget sources. She spoke about repurposing the removed plants and using elsewhere.
Mayor Glasser commended the ESC for their action on this. She spoke about the partnership of Atlantic
Beach, Neptune Beach, and Town Center for this area and is pleased there will be a new landscape
maintenance company. Ms. Glasser stated the holiday tradition can continue, now with a Christmas Palm
Tree lighting.
Discussion continued about the maintenance and if that is also a three way split for costs, the possibility for
merchants to participate, Town Center wanting to upgrade, and new irrigation costs in the proposal. There
were some unanswered questions about identifying what plants can be repurposed and verification of
improvements with new watering resources.
Motion: To defer action on adopting Resolution No. 18-02 to February 12, 2018 to allow time for
answers to final questions.
Moved by Stinson, Seconded by Nonis
Mayor Glasser questioned City Attorney Durden, asking if it is appropriate to call on an expeti in the
audience to answer these questions? Ms. Durden responded yes.
Mayor Glasser called on Joshua Messenger to address the Commission.
Joshua Messenger, 220 Hopkins St., Neptune Beach, addressed the Commission stating he has been
involved with this from the beginning. He explained the current irrigation system is in disrepair, causing a
lot of waste. The new system will have drip irrigation and low flow fixtures which have less water
evaporation, less waste, and less water usage. He stated the plants are appropriate for the area and noted
that Rockaway has agreed to do the design work for free.
Mr. Messenger spoke about the plants and saving what is healthy to repurpose. He stated to install new
irrigation they have to rip out all plant beds. Also, conduit for lighting will be installed under the new
plantings and be ready when funding is available at a later date.
There was a brief discussion about the water source and location of wells.
Commissioner Stinson withdrew his motion. Commissioner Norris withdrew her second.
Roll Call Votes:
Aye: 5 Norris, Stinson, Waters, Kelly, Glasser
Nay: 0
MOTION CARRIED
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Public Hearing-UBEX17-0004
Request for a use-by-exception as petmitted by Section 24-111 ( c )(3), to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard.
Mayor Glasser read the request.
4
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
Planner Derek Reeves addressed the Commission, stating this application is to allow for the sale of liquor
for on-premises consumption for a new restaurant located on Atlantic Blvd. and Sturdivant Ave. Mr. Reeves
refened to the drawings and site plan on display explaining this is new construction on an existing vacant
lot for a proposed 150 seat BBQ restaurant serving beer, wine, and liquor. He stated this will be the only
full service restaurant with on-premises services between Town Center and Sailfish Dr. in Atlantic Beach.
The Community Development Board (CDB) had this application before them on January 16, 2018 and they
voted to recommend approval of this use-by-exception which is now before the Commission for
consideration.
The applicant's Attorney, Steve Diebenow, took the floor to address the Commission. Mr. Diebenow stated
the CDB also approved a parking variance application in addition to the use-by-exception application. He
stated the application meets all the requirements as per the Code and Mr. Diebenow displayed renderings of
the proposed restaurant that showed the exterior elevation and the interior design.
Public Hearing
Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public
Hearing.
Mayor Glasser requested the Commission to give any disclosures of ex pmie communication pe1iaining to
this application.
Commissioner Stinson stated he knows a couple of the applicants and one of their representatives, and has
been aware of the proposed project. He stated his only conversations with them have been to let them know
who they should contact in the City regarding their plans.
There were no additional reports of ex parte communication.
Commissioner Norris stated she received emails from citizens who reported there was incorrect
infonnation submitted for the parking variance, stating the church should not be considered for parking
spaces for this restaurant.
Planner Reeves said he also heard that. He stated there are other prope1iies included in the parking variance
request for providing a shared parking agreement for off-site parking in connection with the Town Center
Agency (TCA). One is the fmmer Kmart shopping center, and when that prope1iy gets developed the TCA
has committed to tracking their parking. Planner Reeves explained that in the event that full parking for the
150 seat restaurant is no longer available to the restaurant, the restaurant will be required to remove seating
to comply based on the number of parking spaces available to them. Their seating count could also affect
the type of state alcohol license issued.
Discussion ensued inquiring how the TCA will track parking. Planner Reeves spoke about the affidavit
submitted by the applicant for the parking variance application that identifies all available parking, who
they have commitments with, and the number of spaces left daily. Mr. Reeves stated there are at least 177
parking spaces available.
Commissioner Waters inquired about the shared parking agreement, the use of valet services, and the 600
ft. distance for off-site parking. Planner Reeves referred to the map on display to confi1m the 600 ft.
distance and the parking variance approved by the CD B.
Commissioner Kelly had questions about the liquor license being dependent upon parking, and the parking
being dependent upon the church and fmmer Kmart shopping center. Ms. Kelly asked what the parking
plan is in the event the church or Kmmi lots were no longer available.
5
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
City Attorney Durden addressed the Commission to provide clarification about the variance approved by
the CDB which was to allow for off-site parking within 600ft. of the restaurant. If the off-site parking was
within 400 ft. then no variance would be required. Ms. Durden stated that the applicant identified the four
sites located within 600ft. are the Community Presbyterian Church, an adjacent office building, the former
Kmart shopping center, and the Amerus Bank. City Attorney Durden explained the variance was approved
and is final, unless there is an appeal as per the Code. Ms. Durden stated the CDB can make a
recommendation to the Commission for a use-by-exception, which is before you, to allow for the sale of
liquor for on-premises consumption.
Commissioner Stinson asked how many spaces are confi1med at the church and the adjacent office, and if
there is a time limitation, and what the hours of operation are for the restaurant. Planner Reeves responded
there are 60 to 120 spaces at the church, dependent on the day and time, 15 spaces at the office and use is
limited to weekdays after 6:00PM, more hours on weekends. The restaurant is open for lunch and dinner
service.
Mayor Glasser stated she also received emails questioning if the TCA has access and control of parking at
the Community Presbyterian Church. Ms. Glasser inquired about code restrictions for crossing mierial
roads for accessing off-site restaurant parking. Planner Reeves responded there are no restrictions. The use
of valet service and/or Beachside Buggies moving people across the street is not violating the code.
Mayor Glasser expressed concerns about the agreements made for parking.
City Attorney Durden explained the approved variance allows the applicant to choose fi:om the four
identified parking locations where the parking can occur. City Staff will negotiate a final agreement with
the applicant specifying the four locations, and that off-site parking will be at one or more of the four
locations, and that the applicant is obligated to immediately advise the City of any changes to the parking.
Ms. Durden stated this agreement will include the provisions of the variance granted by the CDB.
City Attorney Durden fmiher explained the need for the number of parking spaces is based on the
restaurant seating, and their State alcohol license to serve liquor requires a minimum seating number.
Failure to comply with the City and/or the State will affect the restaurant operation.
Motion: To approve Use-by-Exception UBEX17-0004 as read by title, per Section 24-lll(c)(3) to
allow On-Premises Consumption of Alcoholic Beverages in accordance with Chapter 3 of the Code at
461 Atlantic Blvd.
Moved by Stinson, Seconded by Norris
Discussion ensued about the alcohol service being in line with the operation of the restaurant and about the
challenging parking issues in Atlantic Beach. It was noted the CDB is satisfied and granted the parking
variance and, in addition, City Staff will negotiate a final agreement with the applicant specifying the four
locations for off-site parking. There was agreement that alcohol service will not be detrimental to the
sunounding businesses.
Roll Call Votes:
Aye: 5 Stinson, Waters, Kelly, Norris, Glasser
Nay: 0
MOTION CARRIED
B. Public Hearing-WAIV18-0001
Request for a waiver as permitted by Section 24-46( d) to waive the prohibition of pawn
shops within the Commercial Limited zoning district as required by Section 24-llO(a) at
1487 Maypmi Road.
6
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
Mayor Glasser read the request.
Planner Derek Reeves addressed the Commission, stating this application is to allow a pawn shop located
at 1487 Mayport Rd., in the existing Maypmi Square shopping center (B & K Properties), which is pmi of
the Maypmi Business Overlay District. Mr. Reeves stated this business has a State of Florida pawn broker
license and is cmrently operating in Jacksonville Beach and looking to relocate to Atlantic Beach. He
refened to the drawings and site plan on display showing the location and that it is in the Commercial
Limited (CL) zoning district. Mr. Reeves stated the business is strictly a retail jewelry and pawn shop and
does not deal with weapons/guns, and he stated their hours of operation. There are two other pawn shops in
Atlantic Beach.
Public Hearing
Mayor Glasser opened the Public Hearing.
City Clerk Bartle called the speakers:
Sally Harper spoke in favor of this application. Ms. Harper stated she is the owner of the proposed pawn
shop, AlA Prestige Jewelry and Pawn.
Kelly Erhayel, representing Maypmi Square shopping center, spoke in favor of this application. She also
spoke about a negative Face book posting that refened to this area as 'undesirable'.
Mike Townsend spoke in opposition to this application and suggested the business just open as a retail
jewelry store.
Mayor Glasser closed the Public Hearing.
Motion: To deny WAIV18-0001 as read, to waive the Prohibition of Pawn Shops within the
Commercial Limited Zoning District as required per Section 24-llO(a) at 1487 Mayport Rd.
Moved by Waters, Seconded by Norris
Commissioner Kelly inquired if this application went before the CD B. Planner Reeves responded that the
CDB does not receive requests for waivers.
Commissioner Nonis stated she lives in and represents this district in Atlantic Beach. She spoke about the
perception problem in this area and acknowledged everyone, residents and businesses, works hard to make
improvements. Ms. Nonis stated she suppmis the current code prohibiting this type of business in this
location.
Commissioner Stinson spoke positively abput current growth in the shopping center and that no tenants are
protesting this prospective business. He acknowledged this is a tough decision but stated it is important to
uphold the City's code.
Commissioner Waters spoke about the City code and that it does not state how a pawn shop can look on the
outside and most have bars on windows, neon lighting, etc. Ms. Waters stated she suppmis the cunent code
prohibiting this type of business in this location.
Mayor Glasser spoke about using restraint on social media and that it disturbed her to hear there were
negative social media comments made pertaining to this request. Ms. Glasser stated the code provisions do
not allow pawn shops in this zoning district and this application does not meet the specific criteria set out
to consider a waiver.
7
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
A brief discussion ensued about studies conducted on pawn shops and the results showed no causality
between pawn shops and crime.
Roll Call Votes:
Aye: 5 Waters, Kelly, Norris, Stinson, Glasser
Nay: 0
MOTION CARRIED (to deny)
C. Appointment to the Board Member Review Committee
Mayor Glasser addressed the Commission and provided background stating the purpose of this committee
is to fill vacancies on the various citizen committees. A vacancy was created when Commissioner Kelly
was elected to the Commission; she was previously on this committee. Candidates were interviewed and it
is recommended to appoint Kenneth Reeves to serve for the term beginning January 26, 2018 to January
25,2020.
Kenneth Reeves addressed the Commission and provided a brief history of his life in Atlantic Beach. He
thanked everyone for this opportunity, stating he will fulfill the goals and objectives of the Board Member
Review Committee.
Motion: To appoint Kenneth Reeves to the Board Member Review Committee for a term as stated .
Moved by Stinson, Seconded by Norris
Congratulations were extended to Mr. Reeves by the Commission.
Roll Call Votes:
Aye: 5 Kelly, Norris, Stinson, Waters, Glasser
Nay: 0
MOTION CARRIED
D. Restriction of Tree Mitigation Funds Collected from Tree Removal Permitting (discussion)
Commissioner Stinson addressed the Commission about the Tree Mitigation Fund (Tree Fund) and his
recommendation to have the Environmental Stewardship Committee (ESC), including the Tree
Subcommittee, have oversight of proposed expenditures of the Tree Fund. As detailed in his memo, he
reviewed the Finance Depmiment audit of expenditures of the Tree Fund and the description of those
expenditures. Mr. Stinson reviewed and spoke about the Tree Study done in 2014.
Commissioner Waters inquired if the ESC would be provided guidance for use of the funds, i.e tree canopy
maintenance, arborist services, etc.
Commissioner Stinson stated the ESC could provide suggestions for use of the Tree Fund.
Commissioner Norris stated this was a creative idea.
Commissioner Kelly stated it could be an option for the Tree Committee to oversee the Tree Fund. She is
in favor of a volunteer citizen committee being involved with the tree ordinance but not for them to oversee
the Tree Fund. Commissioner Kelly inquired if there was staff assigned to oversee the tree ordinance. City
Manager Genity responded that Planner Derek Reeves oversees the tree ordinance now, and this will move
to the new Director of Community Development.
8
Agenda Item 1B
February 12, 2018
January 22, 2018 REGULAR COMMISSION MEETING
Mayor Glasser stated she is comfortable with the ESC providing recommendations to the Commission for
uses of the Tree Fund. The ESC is an advisory committee, not a regulatory committee.
City Attorney Durden spoke about required changes to the ordinance in order to add provisions for how the
Tree Fund could be used. Not only would this provide clarity in the code regarding these funds, it will
allow for these funds to become a budgeted line item. Then the ESC could make recommendations to Staff
for proposed uses and budgeting.
Planner Reeves read from the code where it states how the Tree Fund can be used and distributed, as
designated by the City Commission and following the City's purchasing procedures. Mr. Reeves then read
the listed definitions for how the Tree Fund can be used.
Commissioner Stinson inquired if the City planted trees behind the Dollar Tree using the Tree Fund. Mr.
Reeves responded the Commission approved this in 2016, authorizing a grant application from the Forestry
Program, for planting trees on public roadways, not specifically for the Dollar Tree.
Commissioner Stinson continued to speak about setting parameters for staff and the ESC to follow,
working together for recommendations for use of the Tree Fund, and improving transparency.
City Manager Gerrity explained that, going forward, when spending from the Tree Fund it will be in the
budget and will come before the Commission for permission.
CONSENSUS: Ask the ESC for their recommendation.
Mayor Glasser called for a recess at 9:11 PM. The meeting reconvened at 9:19PM.
E. Sec. 2-19. Rules of conduct and procedure at meetings. (discussion)
In this section, Rule 7 addresses the order of business at the meetings. Mayor Glasser spoke about making
changes to the order of agenda, the workshop where this was discussed, and that changes have been tried at
a few meetings. Mayor Glasser stated one of her goals was to include and involve the City Manager at the
beginning instead of at the end of the meetings. Another goal was to hear from Commissioners at the
beginning instead of the end of the meetings. Mayor Glasser stated her research on changing the order of
the agenda revealed it can be done with the agreement of the Commission, or it can be done by a motion
and a vote. Also her research revealed, due to the Sunshine Laws, it is beneficial to have Commissioners
heard early in the meetings when there is full attendance by our citizens, as opposed to later in the evening.
Mayor Glasser stated it has never been her intention to obstruct transparency, only to provide information
to the people we represent.
Mayor Glasser stated her recommendation is to adjust Sec. 2-19 to allow the Commission to set the order
of business, subject to the approval of the Commission, to place City Manager repmis and repmis of the
City Commissioners to follow Courtesy of the floor.
City Manager Genity expressed his frustration with the order of the agenda.
Commissioner Waters stated she agrees with the proposal to move City Manager repmis and reports of the
City Commissioners to follow Courtesy of the floor. Her question was to the process used to achieve this -
should it be done at each meeting or done by a rule change in the ordinance.
Mayor Glasser commented that the process needs to be simple and flexible.
Commissioner Stinson expressed opposition to changing the agenda order, allowing only three minutes for
9
Agenda Item 1B
February 12, 2018
January 22,2018 REGULAR COMMISSION MEETING
speakers during Courtesy of the floor, and stopping the meetings at 10:00 PM with the carryover of
unfinished business. Mr. Stinson stated the public is allowed the opportunity to speak on each agenda item
that requires action by the Commission.
Mayor Glasser clarified that a deadline for meeting times and a time allowed for public comment are not
addressed in Sec. 2-19 in the Rules.
City Attorney Durden addressed the Commission about proposing changes to Rule 7 in order to provide the
maximum flexibility, but still having an order established for the agenda. She suggested doing both of the
following simultaneously: 1) Change to the ordinance by adding language that would indicate the order is
set periodically by the Commission by resolution, and 2) Have a resolution establishing the order of the
agenda. She commented about the importance of having the City Manager and City Clerk advise and make
recommendations about the order.
Discussion ensued and City Attorney Durden summarized her understanding of the discussion since she
would be the one drafting the documents.
Mayor Glasser asked for consensus.
CONSENSUS: To direct the City Attorney to draft the changes needed for moving the City
Manager Reports and Reports from City Commissioners to after Courtesy of the Floor, leaving the
City Attorney Reports at the end, and allowing an opportunity for closing comments.
9. City Manager
A. City Manager's Repmi
City Manager Gerrity stated the Selva Preserve Plat will be on the February 12, 2018 agenda for
discussion.
Mr. Gerrity spoke about the proposed BBQ restaurant and parking issues discussed previously. He stated
that he has heard there is no parking agreement with the Presbyterian Church and the Town Center.
Regarding the fallen trees in Shermans Creek from the 2016 and 2017 hurricanes, the City Manager stated
correspondence has been sent to homeowners advising that the City is in the process of removing the trees
and cleaning up the area. The letters are letting the residents know we will need to access their prope1iy.
City Manager Gerrity reported a letter has been sent to the owner of the blue house about addressing the
construction issues (next to Adele Grage Center).
Mr. Gerrity stated there have been major plumbing issues at the Adele Grage Center. Work is underway.
He stated the Town Hall meeting will be on Saturday, January 27, 2018 at 10:00 AM, in the Commission
Chamber.
City Manager Gerrity expressed his thanks to Planner Derek Reeves for the work he has done and
continues to do for the City. He is very knowledgeable and will be a big help to the new Community
Development Director, Shane Corbin.
City Manager Gerrity asked for the ESC to look into tree planting practices. Deputy City Manager
Hogencamp will follow up on this request.
B. Accept the 90-Day Calendar (February 2018 through April2018).
10
Agenda Item 1B
February 12, 2018
January 22, 2018 REGULAR COMMISSION MEETING
City Clerk Bartle inquired if there will be a February Roundtable meeting on February 9, 2018, at 1:00PM.
Mayor Glasser responded yes and spoke about the concerns about the scheduled time. She asked for
patience while trying to coordinate everyone's busy schedules.
With the exception of Commissioner Stinson, the Mayor and Commissioners confirmed they will be in
attendance at that meeting.
CONSENSUS: To accept the 90-Day Calendar as submitted.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Norris
• Addressed the comment about the negative posting on a FB page.
Commissioner Stinson
• Requested the City Manager share the resume of the Community Development Director, Mr. Shane
Corbin. City Manager Gerrity stated he will forward a copy to the Commissioners.
• Stated he enjoyed hearing about the Institute of Elected Municipal Officials conference attended by
fellow Commissioners
Commissioner Waters
• Welcomed the new Community Development Director, Mr. Shane Corbin.
• Spoke about the Continental Hotel Event Historical Marker.
Commissioner Kelly
• Spoke about the League of Cities training, stating it was very informative.
• Spoke about the Martin Luther King Day celebration and awards presented.
• Stated she will be attending Legislative Days next week in Tallahassee.
• Stated when she is watching live-streamed City meetings at home she cannot see what is on the TV
screens, only the picture below.
• Spoke about the accomplishments made at the City's goal setting exercise and inquired what was
next.
City Manager Gerrity responded that Kevin Hogencamp is preparing a summary to make available. Mr.
Gerrity stated there are plans for a laminated poster to be on display in the Chamber listing the goals.
Mayor Glasser
• Stated that the camera does not capture Commissioner Stinson.
• Thanked Commissioner Waters for mentioning the Continental Hotel event.
• Commented that the goal planning session was very productive.
• Spoke about the Martin Luther King Day celebratio'n, and recognition for Recreation Director
Timmy Johnson and the work he has done.
City Attorney Durden
1 OA. Appeal petition submitted by Lori Gaglione
City Attorney Durden stated that a hearing needs to be scheduled by the City Commission at a time
specific, prior to a regularly scheduled Commission meeting. To ensure a quorum, Ms. Durden requested
11
Agenda Item 1B
February 12, 2018
January 22, 2018 REGULAR COMMISSION MEETING
availability confirmation for either the February 12th or the February 26th meeting dates, at 4:30PM or 5:00
PM, taking at least one hour. This hearing is for an appeal of a variance, a request for a six ft. fence instead
of the allowed four ft. fence.
• Spoke about the upcoming Town Hall meeting. She will present a draft ordinance for medical
marijuana and a draft ordinance for automotive service that will need an extension.
• Spoke about the revisions to Sec. 24-51, the notices of hearings and signs for land use hearings. The
CDB reviewed and made some suggestions and it will go back to the CDB in February for final
recommendations.
• Spoke about the FLOC materials received at the conference and stated the City Clerk will make
copies for staff.
• Extended her thanks to Planner Derek Reeves for his work and welcomed the new Community
Development Director, Shane Corbin.
• Extended her thanks to Commissioner Waters for her help on the draft ordinance for retail pets and
provided copies to the Commission.
• Spoke about the Legislature and provided copies of the FLOC report to the Commission.
• Stated she will be working on the Comp Plan and LDR Rewrite with Shane Corbin and Derek
Reeves in order to provide an update to the Commission.
Adjournment
There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:10 PM.
ATTEST:
Donna L. Bartle, CMC
City Clerk
DLB/njp
Ellen Glasser
Mayor, Presiding Officer
12
Agenda Item 1B
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Application for Cost -Share Funding for Sewer System Expansion Marsh Oaks
(Section H).
Kayle W. Moore, P.E.
Public Utilities Director
January 31, 2018
Based on City Commission input on strategic priorities and ongoing Public Works/Utilities efforts to
improve infrastructure, City staff seek to submit a grant application to the St. Johns Water Management
District to extended municipal sewer lines to residents currently on septic systems. The targeted area
includes approximately 13 existing septic tanks located near the marsh feeding into the Intercostal
waterway and the removal of these septic systems will have a direct environmental benefit to the water
quality of the marsh and surrounding area. The expansion of infrastructure to existing homes and
undeveloped lots will increase property values and spur residential development in the area.
The St . Johns River Water Management District (SJRWMD) has cost-share funding available for septic to
sewer projects which contributes to a SJRWMD Initiative for improving water quality in the Lower St. Johns
River. The project meets the application criteria for the cost-share funding .
BUDGET: The estimated construction cost for the project is $400,000. If awarded, SJRWMD
grant would contribute 33 percent of the cost, or $133 ,000, with the remaining
$267,000 funded by the City . Funding will be requested during the budget
process for FY 2019 .
ATTACHMENTS: None
RECOMMENDATION: Authorize the City Manager to sign the St . Johns River Water Management District
Cost -Share Funding Program Application form for the Sewer System Expansion
Project .
~ REVIEWED BY CITY MANAGER:_kF . .:....._-=~---::::q--
Agenda Item 4B
February 12, 2018
RESOLUTION NO. 18-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO
PURCHASE THREE (3) GORMAN-RUPP PUMPS FOR THE
WASTEWATER TREATMENT PLANT.
WHEREAS, the Public Utilities Department included the cost of replacement heavy
machinery in the FY17 -18 budget; and
WHEREAS, three (3) Gmman-Rupp pumps are needed to properly operate the
Wastewater Treatment Plant and uphold the expectations of the Florida DEP and the St. Johns
River Water Management District; and
WHEREAS, the City did not solicit competitive bids or quotes for these items, as Gorman-
Rupp products supplied by Hudson Pump & Equipment became the City standard over thiliy (30)
years ago, and has been used ever since; and
WHEREAS, this set standard was part of the major pumping station rehabilitation project
that the City unde1iook at that time, wherein a single pump manufacturer for the rehab project was
strongly encouraged, and Gorman-Rupp was the selected manufacturer;
WHEREAS, parts for older models are readily available, and Gorman-Rupp has kept the
same pump design used by the City for decades; and
WHEREAS, staff is familiar with this brand and can easily perform routine maintenance.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Corpmission hereby authorizes the purchase of three (3) Gorman-
Rupp Pumps in the amount of $62,787 from Hudson Pump & Equipment Associates, Inc., as they
are the sole source distributor of Gorman-Rupp pumps;
SECTION 2. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of February, 2018.
Ellen Glasser, Mayor
Attest:
Donna L. Bmile, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Agenda Item 6A
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Purchase three (3) Gorman-Rupp Pumps for the Wastewater Treatment Plant
from Hudson Pump & Equipment Associates, Inc. as they are the sole source
distributor of Gorman-Rupp pumps .
Kayle W. Moore, P.E .
Public Utilities Director
January 25, 2018
In preparation ofthe Fiscal Year 2018 budget, the City's Public Utilities Department included the cost of
replacement heavy machinery needed to properly operate the Wastewater Treatment Plant, and uphold
the expectations of the Florida DEP and the St. Johns River Water Management District.
The City did not solicit competitive bids or quotes for these items, as Gorman-Rupp products supplied by
Hudson Pump & Equipment became the City standard over thirty (30) years ago, and has been used
exclusively ever since. This decision was part of the major pumping station rehabilitation project that
the City undertook at that time. A single pump manufacturer for the rehab project was strongly
encouraged, and Gorman-Rupp was selected.
Parts for new and older models are readily available, and they have kept the same pump design used by
the City for decades. Staff is familiar with this brand and can easily perform routine maintenance.
BUDGET: We included in the FY 2018 Operating Budget the purchase of one (1) 10-inch effluent
pump/motor and two (2) 6-inch return activated sludge (RAS) pumps/motors, to replace
the existing machinery. The combined total for the three (3) pumps and motors is
$62,787.
ATTACHMENTS: Hudson Pump & Equipment price quotes (2 quotes).
RECOMMENDATION: To approve the purchase three (3) Gorman-Rupp Pumps in the amount of
$62,787 from Hudson Pump & Equipment Associates, Inc. as they are the sole source
distributor of Gorman-Rupp pumps.
REVIEWED BY CITY MANAGER:q,.., ~
Agenda Item 6A
February 12, 2018
~son 3524 Craftsman Boulevard • Lakeland, FL • 33803
Tel: (863) 665-7867 • Fax: (863) 666-5649
Pump & Equipment
A Division of Tencarva Machinery Company
Municipal Division
Quote No: 102717CJ3 Date:
Customer: Atlantic Beach, City of No. Pages:
Location: Your No.:
Attn: Troy Stephens Delivery:
Phone: 904-247-5842 Terms:
Fax: F.O.B.:
Email: tstephens@coab.us
From: Cathy Jackson/Robert Maxwell
Conditions of Service:
We are pleased to quote as follows·
Qty. Description
1 Gorman Rupp Model T1 OA3S-B, 1 0" x 1 0" Super T Series Self
Priming Centrifugal Pump in Grey Iron Construction with 316SS
Impeller, Standard Mechanical Seal, Nidec/US Motors Two
Speed 60Hp Motor, mounted on a fabricated steel RH Horizontal
V-Belt Base with Belts, Sheaves and a HOPE non-metallic
Uniguard Belt Guard. A high temp pump sensor and air release
valve are also included.
Quote Valid thru 12/31/18
With the following notes:
1. Freight is included.
Best Regards,
Cathy Jackson
HUDSON PUMP & EQUIPMENT
phone: (863) 665-7867
fax: (863) 667-2951
e-mail: cjackson@tencarva.com
01/25/18
1
12-14 weeks
N30
Destination
Freight included
Price Each Delivery
$35,987.00 12-14
weeks
Quoted By: Cathy Jackson
Agenda Item 6A
February 12, 2018
~son 3524 Craftsman Boulevard • Lakeland, FL • 33803
Tel: (863) 665-7867 • Fax: (863) 666-5649
Pump & Equipment
A Division oF Tencarva Machinery Company
Municipal Division
Quote No: 102717CJ2 Date:
Customer: Atlantic Beach, City of No. Pages:
Location: Your No.:
Attn: Troy Stephens Delivery:
Phone: 904-247-5842 Terms:
Fax: F.O.B.:
Email: tstephens@coab. us
From: Cathy Jackson/Robert Maxwell
Conditions of Service:
We are pleased to quote as follows·
Qty. Description
1 Gorman Rupp Model T6A3S-B/F, 6" x 6" Cast Iron Casing,
Stainless Steel Impeller, Flanged Connections, Standard
Mechanical Seal, RH Horizontal Base, Banded Belts, Sheaves,
Guard and Motor (Baldor: Cat No. EM4104T, 30Hp, 1800 RPM,
3/60/230-460V, TEFC Premium Efficient, Inverter Ready per
NEMA MG1 Part 31.4.4.2
1 Gorman Rupp Model T6A3S-B/F, 6" x 6" Cast Iron Casing,
Stainless Steel Impeller, Flanged Connections, Standard
Mechanical Seal, LH Horizontal Base, Banded Belts, Sheaves,
Guard and Motor (Baldor: Cat No. EM4104T, 30Hp, 1800 RPM,
3/60/230-460V, TEFC Premium Efficient, Inverter Ready per
NEMA MG1 Part 31.4.4.2
TOTAL
Quote Valid thru 12/31/18
With the following notes:
1. Freight is included.
01/24/18
2
4-6 weeks
N30
Destination
Freight included
Price Each Delivery
$13,400.00 4-6 weeks
$13,400.00 4-6 weeks
$26,800.00
Quoted By: Cathy Jackson
Agenda Item 6A
February 12, 2018
Best Regards,
Cathy Jackson
HUDSON PUMP & EQUIPMENT
phone: (863) 665-7867
fax: (863) 667-2951
e-mail: cjackson@tencarva.com
visit us atwww.hudsonpump.com
Quoted By: Cathy Jackson
Agenda Item 6A
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Purchase GEA Westfalia Spare Rotating Assembly for the Wastewater Treatment
Plant (WWTP) Centrifuge from Carter & Verplank, Inc., as they are the sole
source distributor of the GEA Westfalia CF 4000 Centrifuge equipment used at
theWWTP.
Kayle W. Moore, P.E.
Public Utilities Director
January 26, 2018
The 2011 WWTP upgrade included a new sludge dewatering centrifuge and new odor control equipment
to replace the antiquated and less efficient sludge drying beds. The new centrifuge is more efficient and
reduced the number trips to the landfill and cost to dispose of the bio solids resulting from the
wastewater treatment process.
The new dewatering facility was designed and constructed to provide for a second centrifuge unit for
redundancy, which was to be added at a later date. The primary component in the centrifuge unit is the
rotating assembly. Based on input from area utilities with sim i lar equipment, it was determined by staff
to be more cost effective at this time to purchase only the rotating assembly in order to have on -site
spare if/when needed in lieu of installing complete second unit. Purchase and installation of a complete
second unit is expected to cost more than twice this amount. As the centrifuge is used only 2 to 3 days
each week, there is ample flexibility to replace the rotating assembly if needed, provided we have the
replacement unit on-site.
BUDGET: We included in the FY 2018 Operating Budget the purchase of one centrifuge rotating
assembly to serve as an on-site spare unit for back-up purposes. The total for the spare
rotating assembly is $187,400.
ATTACHMENTS: Carter & Verplank price quote.
RECOMMENDATION: To approve the pu r chase of the GEA Westfalia Spare Rotating Assembly for the
CF 4000 Centrifuge from Carter & Verplank, Inc. as they are the sole source distributor of
this equipment.
REVIEWED BY CITY MANAGER: a.. M
Agenda Item 6B
February 12, 2018
RESOLUTION NO. 18-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AWARDING BID #1718-02 FOR THE MARSH PRESERVES ADA
VIEWING/FISHING PIER AT DUTTON ISLAND.
WHEREAS, on January 17, 2018 four bids were received and opened for City Bid
#1718-02: Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island; and
WHEREAS, the total bid prices (including 10% contingency) received ranged from
$188,485.00 to $474,553.75; and
WHEREAS, Hayward Construction Group submitted all required documents in their bid
submittal; and
WHEREAS, the project consists of constructing a wooden ADA Viewing/Fishing Pier to
include an 1100 SF boardwalk and a 400 SF overlook, as well as an 800 SF pervious concrete
parking area at Dutton Island; and
WHEREAS, the Contractor will be given sixty (60) days from Notice to Proceed to
complete the project;
WHEREAS, the project will be fully funded in the FY17-18 budget under account 131-
6020-572-63.00, with a 50% reimbursement from the Florida Inland Navigation District (up to
$1 00,000) upon completion of the project.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby awards Bid #1718-02 to Hayward
Construction Group in the amount of$188,485.00 to construct the project in accordance with the
plans and bid specifications;
SECTION 2. The City Commission hereby authorizes the City Manager to execute the
Contract with Hayward Construction Group;
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of February, 2018.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Agenda Item 6C
February 12, 2018
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Bid 1718-02: Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island
SUBMITTED BY: Scott Will iams, Public Works Director
DATE: January 24, 2018
BACKGROUND:
Bids were opened January 17, 2018 for Bid 1718-02: Marsh Preserves ADA Viewing/Fishing Pier at
Dutton Island. The project consists of constructing a wooden ADA Viewing/Fishing Pier to include an
1100 SF boardwalk and a 400 SF overlook, as well as an 800 SF pervious concrete parking area at Dutton
Island.
Four bids were received as follows:
Core Construction Hager Construction Harbor Marine Hayward
Company Company Dock Company Construction
Group
Total $ 237,911 .00 $ 431,412.50 $ 246,312.70 $ 171,350.00
10%
Contingency $ 23,791.10 $43,141.25 $ 24,631.27 $17,135.00
Total plus 10%
Contingency $ 261,702.10 $ 474,553.75 $ 270,943.97 $ 188,485.00
BUDGET: Funding is budgeted in account 131-6020-572-63.00 under project PM1807.
RECOMMENDATION: Award Bid 1718-02 to Hayward Construction Group in the amount of
$188,485 .00, and authorize the City Manager to execute the contract.
The project has been previously approved for a 50% matching grant from the
Florida Inland Navigation District (FIND) up to $100,000. The antic i pated 50%
reimbursement from FIND is $94,242.50.
ATTACHMENTS: 1718-02 Bid Analysis
1718-02 Bid Tabulation
1718-02 Conceptual Drawings
1718-02 Bid Submittal from Hayward Construction Group
REVIEWED BY CITY MANAGER: -~=---=A{'--:::......:c.___:_;r---------
Agenda Item 6C
February 12, 2018
Bid 1718 -02
Mars h Preserves ADA /Fis h in g Pie r at Dutton Is la nd
Core Construction Company Hager Construction Harbor Marine Dock Co. Hayward Construction
1/17/2018
Bid Item No. txtenaea
DESCR IPTION QTY UNIT UNIT COST EXTENDED COST UNIT CO ST EXTENDED COST Unit Cost Cost U NIT COST EXT ENDED COST
1 Mobilization 1 LS $37,214.0( $37,214.00 $42,000.00 $42,000.0( $6 2,866 .7( $62,866.7C $5,000.0( $5,000.0(
brOS JOn Lontrol-1 emporary :>m
Fence, Inlet Protection,
2 Construction Entrance, Temporary
Stabilization 1 LS $908.0( $908.00 $12,000 .0C $12,000.0( $1,430.00 $1,430.0C $1,500.0( $1,500.0(
3 Clearing and Grubbing 1 LS $2,541.0( $2,541.00 $6,400.0C $6,400.0( $650.00 $650.0C $0.0( $0.00
4 Site Grading 1 LS $4,659.0( $4,6 59.00 $8,800.0C $8,800.0( $650.00 $650.0( $500.0( $500.00
5 Earthwork Cut/Fi ll 1 LS $3,884.00 $3,884 .00 $5,600.0( $5,600.0( $650.00 $650 .0( $3,500.0( $3,500.00
6 Wood Boardwalk 1100 SF $121.00 $133,100.00 $175.0( $192,500.0( $91.9 $101,112 .0( $83 .50 $9 1,850.00
7 Wood Overlook 400 SF $121.00 $48,400.00 $352.0C $140,800.0( $158.32 $63,328.0( $137.50 $55,000.00
8 Pervious Concrete* 800 SF $8.00 $6,400.00 $25 .00 $20,000.00 $17 .47 $13,976.00 $15.00 $12,000.00
9 Signage and Striping 1 LS $605 .00 $605 .00 $3,200.00 $3,200.00 $1,300.00 $1,300 .00 $1,500.00 $1,500.00
10 Sodding 25 SY $8.00 $200.00 $4.50 $112.50 $14.00 $350.00 $20.00 $500.00
Tot a l $237,911.00 $431,412.50 $246,312.70 $171,350.00
10% Contingen cy $23,791.10 $43,141 .25 $24,631.27 $17,135.00
T ota l + 10% Contin gen cy $261,70 2.10 $474,553 .75 $270,943.97 $188,485.00
Core Construction : The Extended Costs were incorrect on Line 1 (written amt $37,124), Line 8 (written amt $6,311), Line 10 (written extended cost $212) for an overal difference of $86 .10
Agenda Item 6C
February 12, 2018
EQUIPMENT AND MATERIAL LISTING
THE BIDDER WILL FURNISH THE FOLLOWING ITEMS OF EQUIPMENT AND MATERIAL :
1. Concrete
MANUFACTURER
SUPPLIER be;&
2. Other L~d I
MANUFACTURER
SUPPLIER So lA.. 4-h e.-t'" r~~ Lu..n h.ur ~ ~t%JFL
3. Other
MANUFACTURER
SUPPLIER
4. Other
MANUFACTURER
SUPPLIER
BFU-4
Agenda Item 6C
February 12, 2018
__..-....,
SUBCONTRACTOR LIST
iHE BIDDER HAS FULLY INVESTIGATED EACH SUBCONTRACTOR LISTED AND HAS IN HIS FILE EVIDENCE
EACH SUBCONTRACTOR4 HAS ENGAGED SUCCESSFULlY IN HIS liNE OF WORK FOR A REASONABlE PERIOD
OF TIME, THAT HE MAINTAINS A FULLY EQUIPPED ORGANIZATION CAPABLE, TECHNICALLY AND
FINANCIALLY, OF PERFORMING THE WORK REQUIRED, AND THAT HE HAS MADE SIMILAR INSTAlLATIONS
IN A SATISFACTORY MANNER .
TYPE OF WORK
Co nc..-ie.-\-e__
NAME AND ADDRESS OF SUBCONTRACTOR
~ S+ S Cot"-)c.(tte ..
END OF SECTION
BFU-5
Agenda Item 6C
February 12, 2018
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TillS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Atlantic Beach -------------------------------------
by Kathleen Hayward -Managing Member
(print individual's name aud title)
for Hayward Construction Group, LLC
(print name of the public entity)
(print name of entity submitting sworn statement)
whose business address is 12058 San Jose Blvd Suite 1003
Jacksonville, FL 32223
and (if applicable) its Federal Employer Identification Number (FEIN) is 20-5112528
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: ---------------------------··)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited to, any
bid or contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of
a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The te1m "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the interest in another person, or a pooling of equipment or income among persons when not for
fair market value under an mm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defmed in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
Agenda Item 6C
February 12, 2018
.~
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS
Effective as of July 1, 2016 per Chapt er 20 I 6-20, Laws of Florida
This is to confirm that we have received the Public Records Provisions
signed:~W'(Nzra:-iJ Print: Kcdb l~{'o th/l!Xltd
Company: ~lllatd CoMb d',oo Phone: 9 0':1 -'il~ -'11 d..~
. Oll~ l-Le__ .
E-Mail: ba¥\UlN! r ~n s-{NJG+0 Date: I -I 1 -, )(
be.llso~+h . oe+
Public Records Provisions, Page I
Agenda Item 6C
February 12, 2018
Hayward Construction Group LLC
12058 San Jose Blvd., Suite #1003
Jacksonville, FL 32223
904-886-7122
References for City of Atlantic Beach
Bid No. 1718-02
(1) Florida Department of Environmental Protection
Contact: Renee Paolini
Office:
Cell:
E -Mail:
Resident Park Manager Washington Oaks Gardens State Park
386-446-6784
386-931-4123
Re nee . Pao lini @dep .state .fl. us
(2) Florida Department of Environmental Protection
Contact: Matt Bledsoe
Park Manager Gamble Rogers Memorial State Recreation Area
at Flagler Beach
Office: 386-517-2086
Cell: 386-566-4456
E-mail : Matthew.Bied so e@de p.st ate .fl .us
(3) Nassau County Board of County Commissioners
Contact: Josephine Craver
Engineer -Nassau County Public Works
Office: 904-530-6225 x6236
E-Mail: jc raver@nassa uco untyfl. co m
(4) Jacksonville
Contact:
Office:
Cell:
E-Mail:
Fire and Rescue Department
Gary Daly
JFRD Facilities Manager
904-630-0204
904-334-9967
gdaly@ co j.n et
(5) City of Jacksonville
Contact: Michael Chao
Contract Compliance Manager
Office: 904-255-7015 I (904) 630-1776
E-Mail: M Chao@coj.net
Agenda Item 6C
February 12, 2018
EJCDC
STANDARD FORM OF
AGREEMENT BETWEEN Owner
AND Contractor
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEM ENT;s dated as of the 11 day of ::fana ~ in the year
II . of 2018 by and between the City of Atlantic Beach, Florida (hereinafter d Owner) and m.4 t.UUd c~nstn.u::t r& tllbt.c.p) LLc....., I (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
1.01 Work
A. Contractor shall complete all Work as specified or indicated in the Contract
Documents . The Work is generally described as follows:
The project consists of furnishing all supervision, labor, transportation,
materials and equipment and performing all operations necessary for the site
preparation and construction of a wooden ADA Viewing/Fishing Pier and parking
area, and lawful disposal of debris, and any miscellaneous items not specifically
described in this section but necessary to do the work. All work shall be
performed in accordance with the Contract Documents for City Bid No. 1718-02.
1.02 Engineer
A. The Project will be monitored by the Owner or his designated representative , who
is hereinafter called Eng i neer and who is to act as Owner's representative, assume
all duties and responsibilities and have the rights and authority assigned to
Engineer in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
1.03 Contract Time {) r\e h u.rul/eJ @
A The Work will be completed and ready for substantial completion within .ii)(te y :hPe.nl6 ~ (J:lD) ~of Notice to Proceed in accordance with paragraph 15.03 of the General ~ Conditions.
B. Liquidated Damages. Owner and Contractor recognize that time is of the essence of
this Agreement and that Owner will suffer financial loss if the Work is not completed
within the times specified in paragraph 1.03(A) above, plus any extensions thereof
allowed in accordance with Article 11 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a penalty)
Contractor shall pay Owner two hundred dollars ($200.00) for each day that expires
after the t i me specified in paragraph 1.03(A) for final completion until the Work is
completed .
Agenda Item 6C
February 12, 2018
1.04 Contract Price
A. Owner shall pay Contractor for completion of the Work in accordance with the
awarded contractor's Bid Form.
1.05 Payment Procedures
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by the Owner as
provided in the General Conditions.
1. Progress Payments. Owner shall make progress payments on account of the Contract
Price on the basis of Contractor's Applications for Payment as recommended by
Engineer, on or about the 30th day of each month during construction as provided
below. All progress payments will be on the basis of the number of units completed.
a. Prior to completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as Engineer shall
determine, or Owner may withhold, in accordance with paragraph 15.01 of
the General Conditions.
Ninety percent (90%) of Work completed.
One hundred percent (100%) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to Owner as provided in
paragraph 15.01 of the General Conditions).
B. Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 15.06 of the General Conditions, Owner shall pay the remainder of
the Contract Price as recommended by Engineer as provided in said paragraph 15.06.
1.06 Interest
A. All moneys not paid when due as provided in Article 15 of the General Conditions
shall bear interest at the maximum rate allowed by law at the place of the Project.
1.07 Contractor's Representations
A. In order to induce Owner to enter into this Agreement, Contractor makes the
following representations:
1. Contractor has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
Agenda Item 6C
February 12, 2018
2. Contractor has studied carefully any reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 5.03 of the General
Conditions, and accepts the determination set forth in paragraph SC 5.03 of the
Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which Contractor is entitled to reply.
3. Contractor has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports and studies (in addition to or to supplement those
referred to in paragraph 1.07(A)(2) above) which pertain to the subsurface or
physical conditions at or contiguous to the site or
otherwise may affect the cost, progress, performance or furnishing of the
Work as Contractor considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 5.03 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports, studies, or
similar information or data are or will be required by Contractorfor such
purposes.
4. Contractor has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing underground
facilities at or contiguous to the site and assumes responsibility for the accurate
location of said underground facilities. No additional examinations,
investigations, explorations, tests, reports, studies, or similar information or
data in respect of said underground facilities are or will be required by
Contractor in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of paragraph
5.04 of the General Conditions.
5. Contractor has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and
conditions of the Contract Documents.
Agenda Item 6C
February 12, 2018
BID# 1718-02
Required Documents
Submission in Triplicate
Document Requirements Checklist
W-9 Form
Bid Form
Bid Bond -5%
Drug Free Workplace Certification
Public Entity Crimes Statement
Public Records Provision Form
New Vendor Information Form
Insurance
Proof of Experience -5 years as General Contractor
Qualifications : General Contractor's License
References -5
Agree to Base Bid
Documentation of Receipt of any Addenda
Grand Total-Base Bid Plus Contingency
While verifying bids, a mathematical error was found within
the extended costs of Core Construction. Line 1 -the
extended cost was transposed ; Lines 8 & 10 -multiplicati on
errors. The difference in the Grand Total was $86.10 more
than the written amount submitted.
City of Atlantic Beach
Marsh Preserves ADA/Fishing Pier at Dutton Island
Wednesday January 17, 2018
Core Construction Company Hager Construction Company Harbor Marine Dock Company
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X NO -Building Contractor
X X X
X X X
N/A N/A N/A
$261 ,616.00 $474,553.75 $270,943.~~
Awa rd of Bid based on Department Analysis and City Manager and/or Commission Approval
3:00PM
Hayward Construction Group
I
X
X
X
X
NO -Business Check
X
X
X
X
X
X
X
X
X
N/A
$188,485.00
Agenda Item 6C
February 12, 2018
l!
\
\
Agenda Item 6C
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ordinance No. 90-18-232 First Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, EXTENDING THAT CERTAIN ORDINANCE
NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE
STATION MORATORIUM ORDINANCE," APPROVED
AND ADOPTED BY THE CITY COMMISSION ON
SEPTEMBER 12,2016, AS AMENDED BY ORDINANCE 90-
17-229, APPROVED AND ADOPTED BY THE CITY
COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF
FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22,
2018; PROVIDING FOR THE CONTINUED VALIDITY OF
ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225,
AS AMENDED BY ORDINANCE NO. 90-17-229; AND
PROVIDING AN EFFECTIVE DATE.
Shane Corbin, Community Development Director @
Derek W. Reeves, Planner /~
January 30 ,2018
BACKGROUND: At its meeting on September 12,2016, the Commission approved and adopted
Ordinance No. 90-16-225 , establishing a temporary moratorium for "automobile service station"
establishments , as described in said ordinance. This moratorium was set to expire August 22, 201 7.
Commission approved and adopted Ordinance No. 90-17-229 amending the previous ordinance to
extend the moratorium for six months to February 22, 2018 .
Over the last few months staff has been working on draft language addressing revisions to the code
related to automobile service stations. On November 15, 2017 , a joint meeting of the City
Commission and Community Development Board was held on the topic. Draft language was
written based on comments from the joint meeting and was discussed at the Town Hall meeting
on January 27,2018.
As work on the code revisions related to automobile service stations has not been completed, staff
is proposing Ordinance 90-18-232 that would amend and extend the moratorium to June 22,2018.
BUDGET: None.
RECOMMENDATION: To approve Ordinance No . 90-18-232 on first reading and move
forward to the second reading and public hearing on February 26 , 2018.
ATTACHMENTS: Proposed Ord. 90-18-232, Original moratorium-Ord. 90-16-225,
First extension-Ord. 90-17-229 .
REVIEWED BY CITY MANAGER: -~--'r""""-----_::A4=--·---"-'4-----------
Agenda Item 7A
February 12, 2018
DRAFT 1/29/2018
ORDINANCE NO. 90-18-232
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225,
KNOWN AS THE "AUTOMOBILE SERVICE STATION
MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY
THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED
BY ORDINANCE 90-17-229, APPROVED AND ADOPTED BY THE
CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF
FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018;
PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER
PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY
ORDINANCE NO. 90-17-229; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission did, on September 12, 2016, approve that
certain Ordinance No. 90-16-225, known as the "Automobile Service Station
Moratorium Ordinance," providing for a temporary moratorium with exemptions as
to the filing and/or application for the establishment of certain businesses as more
particularly described in said Ordinance No. 90-16-225, within the City limits,
through August 22, 2017; and
WHEREAS, the City Commission on August 28, 2017 did approve and adopt
Ordinance No. 90-17-229 extending the effectiveness of Ordinance 90-16-225
through February 22, 2018; and
WHEREAS, the City is currently reviewing draft legislation and holding public
meetings in regards to automotive and convenience store land uses, but has not
concluded its review of regulations regarding the subject businesses; and
WHEREAS, the City Commission now desires to extend the temporary
moratorium for an additional period of four months as contemplated and authorized
in said Ordinance No. 90-16-225, as amended by Ordinance No. 90-17-229; and
WHEREAS, the extension of the temporary moratorium is in the best interest
of the citizens of the City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1. Extension of Temporary Moratorium. The temporary
moratorium established by Ordinance No. 90-16-225, known as the "Automobile
Service Station Moratorium", as amended by Ordinance No. 90-17-229, is hereby
extended from February 22, 2018 through June 22, 2018.
00936632-1
Agenda Item 7A
February 12, 2018
DRAFT 1/29/2018
SECTION 2. Validity of Remaining Provisions. Except as amended in
Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16-
225, as amended by Ordinance No. 90-17-229, are hereby declared to remain in full
force and effect and remain valid through June 22, 2018.
SECTION 3. Effective Date. The effective date of this Ordinance shall be
February 12, 2018, the day the City Commission first took action towards adoption of
this Ordinance to extend the temporary moratorium, in accordance with Smith v.
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this_ day of 2018.
PASSED by the City Commission on second and final reading this _ day of
__ _,2018.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00936632-1 2
Agenda Item 7A
February 12, 2018
ORDINANCE NO. 90-17-229
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225,
KNOWN AS THE "AUTOMOBILE SERVICE STATION
MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY
THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A
PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY
22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL
OTHER PROVISIONS OF ORDINANCE NO. 90-16-225; AND
PROVIDING AN EFFECTIVE DATE. .,,
WHEREAS, the City Commission did, on September 12, 2016, approve that
certain Ordinance No. 90-16-225, known as the "Automobile Service Station
Moratorium Ordinance," providing for a temporary moratorium with exemptions as
to the filing and/or application for the establishment of certain businesses as more
particularly described in said Ordinance No. 90-16-225, within the City limits,
through August 22, 2017; and
WHEREAS, the City has not concluded its review of regulations regarding the
subject businesses; and
WHEREAS, the City Commission now desires to extend the temporary
moratorium for a period of six months as contemplated and authorized in said
Ordinance No. 90-16-225; and
WHEREAS, the extension of the temporary moratorium is in the best interest
of the citizens of the City of Atlantic Beach.
NOW, tHEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1. Extension of Temporary Moratorium. The temporary
moratorium established by Ordinance No. 90-16-225, known as the "Automobile
Service Station Moratorium" is hereby extended from August 22, 2017 through
February 22, 2018.
SECTION 2. Validity of Remaining Provisions. Except as amended in
Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16-
225 are.hereby declared to remain in full force and effect and remain valid through
February 22, 2018.
SECTION 3. Effective Date. The effective date of this Ordinance shall be
Au~vs·r 14. 2017, the day the City Commission.firsttook action towards adoption of
00843751-1
Agenda Item 7A
February 12, 2018
ORDINANCE NO. 90-16-225
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL
AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING
PROIDBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL
WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN
EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO
THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietary powers to enable municipalities to conduct municipal
government, perform municipal functions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise
any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces
the authority granted under the Florida Constitution and authorizes municipalities to exercise any power
for municipal purposes, except when expressly prohibited by law and to enact ordinances in further
thereof; and
WHEREAS, the City wants to review whether automotive service stations, automotive service-
minor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales
(hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW
and SPA, and, if so, under what conditions and review standards; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect
individual rights, while at the same time promoting the health, safety and welfare of the people, including
the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public
peace and good order and to safeguard the health, safety, morals and welfare of the community and
00682684-1
Ordinance No. 90-16-225 1
Agenda Item 7A
February 12, 2018
citizens thereof, it is necessary and advisable to enact a temporary moratorium on the permitting
approvals of certain Automobile Service Station facilities in the City; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida finds it necessary for
the promotion of the public safety and welfare that this Ordinance be enacted; and
WHEREAS, at the City Commission meeting held on July 11, 2016, the Commission discussed a
potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a
draft ordinance and to place it on the July 25,2016 meeting agenda for discussion purposes; and
WHEREAS, a draft of this Ordinance dated July 14,2016 was included in the Agenda Packet for
the July 25, 2016 City Commission meeting for discussion purposes; and
WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this
Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first
reading; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of
Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC
BEACH, FLORIDA, THAT:
SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by
reference.
SECTION 2. TITLE
This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium
Ordinance".
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-automotive" set
forth in Section 24-17 ofthe City's Land Development Regulations.
(b) "automotive service-minor" and "automotive repair-heavy" have the same meanings
as set forth in Section 24-17 of the City's Land Development Regulations.
00682684·1
Ordinance No. 90-16-225 2
Agenda Item 7A
February 12, 2018
(c) "car wash" has the same meaning as set forth in Section 24-17 of the City's Land
Development Regulations.
(d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of
products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery,
health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other
automotive goods and related services. The term does not include supennarkets. Generally these stores
are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas.
(e) Taken together, the terms "automotive service station," "automotive service-minor,"
"automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be
referred to collectively herein as "Automobile Service Stations."
SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM
This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"),
Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas
("SPA"), located within the boundaries of the City of Atlantic Beach.
SECTION 5. INTENT
The intent of the City Commission acting as the governing body of the City of Atlantic Beach,
Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of
Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within
the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary,
amend the regulations relating to the permitting and approval of Automobile Service Stations.
SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS
A tempormy moratorium is hereby established to prohibit filing and/or application for zoning or
permitting of Automobile Service Stations and suspending the process of any zoning or permitting for
Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium
shall not apply to and the following are expressly exempt from this temporary moratorium: Gate
Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations
which are established and conducting business as of the effective date of this Ordinance. This temporary
00682684-1
Ordinance No. 90-16-225 3
Agenda Item 7A
February 12, 2018
moratorium shall be in place from the effective date of this Ordinance through August 22, 2017. The City
Commission may rescind this moratorium or extend this moratorium for periods of up to six months.
SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF
The City's code enforcement officer, law enforcement or any other person authorized to enforce
ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement
action or legal remedy available under controlling state law, including but not limited to, prosecution as a
misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term
not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing
contained herein shall prevent the City from taking such other lawful action in law and equity as may be
necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but
not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a violation of, or
a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 8. REPEAL OF LAWS IN CONFLICT
All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such
conflict.
SECTION 9. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not be construed to render
the remaining provisions of this Ordinance invalid or unconstitutional.
00682684-1
Ordinance No. 90-16-225 4
Agenda Item 7A
February 12, 2018
shall not be construed to render the remaining provisions of this Ordinance invalid or
unconstitutional.
SECTION 5. Effective Date. This ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this_ day of ____ _, 2018.
PASSED by the City Commission on second and final reading this_ day of -------1 2018.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00937843-1 2
Agenda Item 7B
February 12, 2018
EXHIBIT A
Section 2-19. Rules of Conduct and Procedures at Meetings.
(7) Rule 7. The order of business shall be as follmvs:
a. /~pproval of minutes or preceding meetings;
b. Courtesy of floor to any visitors who desire to bring a matter to the city
commission's attention;
c. Unfinished business of preceding meeting;
d. Consent agenda;
e. Report of committees;
f. i\ction on resolutions;
g. /~ction on ordinances;
h. Miscellaneous business;
i. City manager reports;
j. Reports and/or requests from city commissioners and city attorney.
NEW SECTION 2-19(7) TO READ AS FOLLOWS:
(7) Rule 7. The order of business shall be as follows:
a. Approval of minutes or preceding meetings:
b. Courtesy of floor to any visitors who desire to bring a matter to the city
commission's attention:
c. City manager reports:
d. Reports and/or requests from City Commissioners:
e. Unfinished business of preceding meeting:
f. Consent agenda:
g. Report of committees:
h. Action on resolutions:
i. Action on ordinances:
j. Miscellaneous business:
k. City Attorney/City Clerk reports and.for requests: and
l. Closing comments by City Commissioners and City Manager. if desired.
00937843-1 3
Agenda Item 7B
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
PLAT17-0004 Public Hearing
Request for re-plat approval as required by Chapter 24, Aliicle 4 of
the Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4,
6, 8, 10, and 12 Block 2 (54 East Coast Drive, 329, and 331 Ahem
Street).
Derek W. Reeves, Planner /.;e...._
January 30, 2018
BACKGROUND: The applicant is Ahem TH Project LLC, the company that owns 54 East Coast
Drive, 329 and 331 Ahern Street in the Residential General, Multi-family (RG-M) zoning district.
These propetiies have been acquired over the last couple of years and will be combined into a
single development project. All together the property is 300 feet by 130 feet for a total of 39,000
square feet or about 0.9 acres. The applicant plans to build a 12 unit townhouse project comprised
of 4 buildings, each with 3 townhomes.
The propetiy is located within the Residential Medium (RM) Future Land Use designation, which
allows up to 14 units per acre. At 0.9 acres, the maximum number of units allowed is 12.6 and is
therefore rounded down to 12 units. This is fmiher called out in the Section 24-88(a) requirement
for new townhomes to have at least 3,100 square feet oflot area per townhome. Each proposed lot
exceeds this requirement at 3,199 square feet or more in lot area.
This plat is before Commission as Section 24-188 requires any division of land resulting in three
or more lots to be platted and Section 24-204 requires Commission approval of plats.
As required by Section 24-203(b ), the applicants have presented preliminary engineering plans
that have been reviewed by the City's Public Works, Public Utilities, Building and Community
Development depmiments. These reviews are not an approval, but rather a proof of concept.
Fmmal reviews are done at permitting.
The Community Development Board reviewed this plat at their July 18 , 2017 meeting where they
recommended approval to the City Commission in a unanimous vote.
BUDGET: None.
RECOMMENDATION: From the CDB: To approve PLAT17-0004.
ATTACHMENTS: PLAT17-0004 application, CDB StaffReport, CDB Minutes.
REVIEWED BY CITY MANAGER: _ ___,.~---Aar=-=-=--=-... ~1---------------
Agenda Item 8B
February 12, 2018
PROJECT DESCRIPTION
Ahern Townhomes
Atlantic Beach, Florida
The project involves the construction of 4 buildings with 3 townhome units with
associated infrastructure at the intersection of Ahern Street and East Coast Drive.
I PRE-DEVELOPMENT SITE INFORMATION
This 0.9 acre piece was previously developed and was occupied by one single family
home as well as a triplex residential unit until 2016. The property drained to the public
infrastructure along Ahern Street and East Coast Drive. Due to its proximity to the ocean,
we have noted through site visits that the soil is very sandy with a low groundwater table.
POST -DEVELOPMENT SITE INFORMATION
This project will bring 4 townhome buildings with pervious parking and paver courtyards.
All stormwater runoff will be collected and taken to two dry swales along the northside of
the project. The ponds have been sized to provide treatment to dry retention standards of
the F.A.C. and attenuate the 25 year 24 hour and mean annual storm events.
Due to the total size of the project (0.90 acres) and with an impervious area less than 2
acres, this pem1it is being processes as a I 0/2 Self Certification through the FDEP
website.
I Maintenance
The applicant will be responsible for all maintenance.
Agenda Item 8B
February 12, 2018
ATTACHMENT A
Figures
Agenda Item 8B
February 12, 2018
AHERN TO-wNHOl\fES I PLAT BOOK PAGE
A Replat of Lots 2, 4, 6, 8, 10 and 12, Block 2, Plat No. 1 Subdivision "A"
Atlantic Beach, as Recorded in Plat Book 5, Page 69 of the Current Public Records of
the City of Jacksonville, City of Atlantic Beach, Duval County, Florida .
SHEET 1 OF 2 SHEETS
.cAEllilJ::I.
LOTS 2, 4, 5, 8, 10 AND 12, BLOCK 2, PLAT NO. 1 SUBDIVISION •A• ATLANTIC
BEACH, AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA.
General Notes
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTHERLY RIGHT OF WAY
OF AHERN STREET AS S83"21'5o•w, PER STATE PLANE COORDINATE
SYSTEM, FLORIDA EAST ZONE (NAD 1983 1990 NGS ADJUSiMENTS.)
N 2164747.i62] DENOTES COORDINATES REFERENCED DATUM FLORIDA EAST
E 524347.5~ ZONE NAD 1983/1990 NGS ADJUS'TMENT.
2. THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED FROM THE ORIGINAL
UTILIZE THE GRAPHIC SCALE AS SHOWN.
3. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE
OFFICIAL DEPICTION OF THE SUBDIVIDEO LANDS DESCRIBED HEREIN AND
IMLL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY
OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE
RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT
MAY BE FOUND IN THE: PUBLIC RECORDS OF THIS COUNTY.
(FLORIDA STATUTE 177.091)
4. THE LANDS SHOWN HEREON LIE WITHIN FLOOD ZONE ~x~ (UNSHAOED.
AREAS DETERMINED TO BE OUTSIDE THE 0.2::: ANNUAL CHANCE
FLOODPLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP 0409H,
COMMUNITY NUMBER 120075, DATED JUNE 3, 2013. HOWEVER, FLOOD
INSURANCE RATE MAPS ARE SUBJECT TO CHANGE.
5. ALL PLA TIED UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE
CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE
TELEVISION SERVICES; PROVIDED HOWEVER, NO SUCH CONSTRUCTION,
INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION
SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN
ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY.
6. 'JEA-E.' DENOTES JEA EASEMENT. THESE EASEMENTS SHALL REMAIN TOTALLY
UNOBSiRUCTEO BY ANY PERMANENT IMPROVEMENTS WHICH MAY IMPEDE THE USE
OF SAID EASEMENT BY THE JEA. THE INSTALLATION OF FENCES, HEDGES, AND
LANDSCAPING IS PERMISSIBLE BUT SUBJECT TO REMOVAL BY JEA AT THE EXPENSE
OF EACH LOT OWNER FOR THE REMOVAL AND FOR REPLACEMENT OF SUCH ITEMS.
7. 'JEA-E.E.' DENOTES JEA EQUIPMENT EASEMENT. THESE
EASEMENTS SHALL REMAIN TOTALLY UNOBSTRUCTED BY ANY
IMPROVEMENTS THAT MAY IMPEDE THE USE ANO ACCESS OF
SAID EASEMENT BY JEA.
8, CERTAIN EASEMENTS ARE RESERVED FOR JEA FOR USE IN CONJUNCTION
WITH THE UNDERGROUND DISTRIBUTION SYSTEM.
9, THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT ON THIS PLAT
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
10. OVERALL SITE ACREAGE = 0.89 ACRES±
AQOfTION AND DED!CA]ON
THIS IS TO CERTlFY THAT AHERN TH PROJECT LLC, A LIMITED LIABILITY COMPANY
UNDER THE LAWS OF THE STAiE OF FLORIDA, HEREINAFTER REFERRED TO AS THE
"OWNER", IS THE LAWFUL OWNER OF THE LANDS DESCRIBED IN THE CAPTION HEREON
KNOWN AS AHERN TOWNHOMES, HAVINC CAUSED '!l-iE SAME TO BE SURVEYED AND
SUBDIVIDED. THIS PLAT BEING MADE IN ACCORDANCE WITH SAID SURVEY IS HEREBY
ADOPTED AS A TRUE AND CORRECT PLAT OF SAID LANDS. NO PART OF SAID LANDS IS
DEDICATED TO THE CITY OF ATLANilC BEACH, STATE OF FlORIDA, OR TO THE PUBLIC,
ALL EASEMENTS DESIGNATED AS •JEA-E.• ARE HEREBY IRREVOCABLY DEDICATED TO
JEA, ITS SUCCESSORS AND ASSIGNS, FOR ITS NON-EXCLUSIVE USE IN CONJUNCTION WITH
ITS UNDERGROUND ELECTRICAL SYSTEM; PROVIDED HOWEVER, THAT NO PARALLEL
UTILITIES MAY BE INSTALLED WITHIN SAID EASEMENTS,
ALL EASEMENTS DESIGNATED ON THIS PLAT AS "JEA-E.E.• ARE HEREBY IRREVOCABLY
DEDICATED TO JEA, ITS SUCCESSORS AND ASSIGNS, FOR ITS EXCLUSIVE USE IN
CONJUNCTION WITH ITS UNDERGROUND ELECTRICAL SYSTEM.
ALL EASEMENTS DESIGNATED ON THIS PLAT AS, ACCESS & DRAINAGE EASEMENT
AND UTILITY EASEMENT, ARE AND SHALL REMAIN PRIVATELY OWNED AND THE SOLE AND
EXCLUSIVE PROPERTY OF THE RESPECTIVE OWNER THEREOF, AND ITS sUCCESSORS AND
ASSIGNS AND GRANTEES OF SAID EASEMENTS.
IN WITNESS THEREOF, THE UNDERSIGNED OWNER HAS EXECUTED THIS PLAT ON THIS
DAY OF 20__.
AHERN !H pgO.IECT I ! C A fl OR!QA I !MilfP I IAA!! !TV COMPANY
\'!1NESS' --------
PRINT NAME: -------
WITNESS: --------
PRINT NAME: -------
JEFF MILLER
MANAGING MEMBER
NOTARY fOR AHERN JH pRO.!ECT I ! c A f1 ORIQA ! IM!lED I lAB!! ITI CQMPANY
THE FOREGOING INSTRUMENT WAS ACKNOWI..EDGEO BEFORE ME THIS_ DAY
OF ----20__, BY JEFF MILLER, MANAGING MEMBER OF AHERN TH PROJECT,
LLC, A FLORIDA LIMITED LIABILITY COMPANY UNDER THE LAWS OF THE STATE OF
FLORIDA, ON BEHALF OF THE COMPANY. HE IS PERSONALLY KNOWN TO ME.
NOTARY PUBLIC MY COMMISSION EXPIRES:
STATE OF FLORIDA AT LARGE SERIAL NO.---
PRINT NAME: -------
51 IRVfYOR'S CfRTIEJCAJE
THIS IS TO CERTIFY THAT THE ABOVE PLAT IS A TRUE AND CORRECT REPRESENTATION
OF THE LANDS SURVEYED, PLATTED AND DESCRIBED ABOVE, THAT THE SURVEY WAS
MADE UNDER THE UNDERSIGNED'S RESPONSIBLE DIRECTION AND SUPERVISION, THAT THE
SURVEY DATA COMPLIES WITH ALL REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177,
THAT THE PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED ACCORDING TO THE
LAWS OF THE STATE Of FLORIDA AND THE CURRENT REGULATIONS OF THE CITY OF
JACKSONVILLE.
SIGNED THE __ DAY OF 20__..
GREGORY B. CLARY
REGtSTERED LAND SURVEYOR NO. 3377
SEE SHEET 2 FOR LEGEND
CITY OF ATI ANTIC BEACH AppROVAl
THIS IS TO CERTIFY THAT THIS PLAT OF AHERN TOWNHOMES HAS BEEN
EXAMINED AND APPROVED BY THE CITY COMMISSION OF ATLANTIC BEACH
"THIS __ DAY OF 20_,
MAYOR
CLERK
C1 fR!(S CfRDEJCADQN
THIS IS TO CERTIFY THAT THIS PLAT OF AHERN TOWNHOMES HAS BEEN
EXAMINED AND APPROVED AND THAT IT COMPLIES IN FORM WITH THE
REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AND SUBMITTED
TO ME FOR RECORDING AND IS RECORDED IN PLAT BOOK -~
PAGES OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA ON THIS __ DAY OF 20_.
RONNIE FUSSELL
CLERK OF CIRCUIT COURT DEPUTY CLERK
APPROVfD EOR JHE RfCORQ
THIS IS TO CERTIFY THAT THE ABOVE PLAT HAS BEEN EXAMINED, ACCEPTED
AND APPROVED BY THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
PURSUANT TO CHAPTER 24, OF THE CODE OF ORDINANCES.
~~~TT=-::1'!:;-ll;-:IA;-:M:::S--------
DIRECTOR OF PUBLIC WORKS DATE: ______________ __
PLAT CQNEQRM!TY RfY!fW
THIS PLAT HAS BEEN REVIEVI'ED AND FOUND IN COMPLIANCE WITH PART 1,
CHAPTER 177, FLORIDA STATUTES, THIS DAY OF--~ 20_.
BY'---------------
PRINT NAME: -----------
PROFESSIONAL LAND SURVEYOR NUMBER ---
l.BNC,J7J1
JI!JO CRO\'o111 f>O!NT ROAD
JACKSONVIW:.FLORIOA322l:i7
(1104):ZUD-:Z70J
WWW.ClARYASSOC.COM
Agenda Item 8B
February 12, 2018
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the
City Commission ofthe requested Plat, PLAT17-0004, at 54 East Coast Drive, 329 and 331 Ahern
Street within the Residential General, Multi-family (RG-M) Zoning District finding that;
1. Approval of this Plat is consistent with the intent of the Comprehensive Plan; and
2. Approval of this Plat is consistent with the requirements of Chapter 24, Article 4.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission ofthe requested Plat, PLAT17-0004, at 54 East Coast Drive, 329 and 331 Ahern
Street within the Residential General, Multi-family (RG-M) Zoning District finding that;
1. Approval of this Plat is NOT consistent with the intent of the Comprehensive Plan; and/or
2. Approval of this Plat is NOT consistent with the requirements of Chapter 24, Article 4.
Page 2 of 2
Agenda Item 8B
February 12, 2018
Staff Report
B. PLAT17-0004 (Ahern TH PI'Oject LLC)
Request for re-plat approval as required by Section 24,
Article 4 of t11e Code of Ordinances at Atlantic Beach
Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2 (54 East Coast
Drive, 329 and 331 Allern Street).
Planner Reeves explained that the future land use of the properties
includes Residential Medium (RM) and Residential General
Multifamily (RG-M) zoning. This properties are adjacent to a single -
family zoning district to the North, and the central business district
to the South .
He then explained that the proposed plan is to construct a 12-unit
town home development, consisting of four, three story buildings
where each un it will have a two-car garage.
Staff then displayed the proposed site plan, which showed that
there would be two driveways which would be accessed through
East Coast Drive. This issue had been discussed at a prior meeting
of the Community Development Board, when the applicant
requested a variance for the proposed construction . Since this
meeting, the applicant has slightly modified the parking
arrangement along East Coast drive, however, there will still be
parking directly along this street.
He explained that prior to this construction, the applicant would
need to go through the full permitting process with all applicable
City Departments. He then noted that the current request was for
a re-plat of the property and as such, the Board would be
recommending approval or denial of this plat request, not of the
proposed construction, to the City Commission.
Previously, the units were going to be considered condos with a
condo association maintaining the ownership of the units. If this
re-plat requested were approved, the units would each be
individually-owned townhomes. The property then, would be
divvied up into 12 individual parcels with independent ownership.
Staff noted that there is an existing easement on the West side of
the property that will remain in place, to allow a driveway access
to the adjacent property for the residents who live there. There are
also ingress and egress as well as utility easements covering much
of the property, other than where the units will be . At this point in
Page 2 of6
Agenda Item 8B
February 12, 2018
Applicant Comment
Staff replied that he did not believe it did, however, he was still
doing the calculations for this proposed plan .
Mr. Mandelbaum questioned whether or not the Plat request
complied with all applicable City legislation. Staff replied that it did
meet such criteria .
Chair Paul clarified that the application was being brought before
the Community Development Board due to the number of parcels
being created through the parcel split.
Rick Johnston, 3528 Ocean Drive, Jacksonville Beach, FL 32250,
introduced himself as the applicant. He explained that at a prior
meeting of the Community Development Board, he presented an
application for a variance as the structures were going to originally
be condos, but that he withdrew that application due to the
tension present at the meeting. Following the meeting, he met
with some of the neighbors near his property and worked with the
City of Atlantic Beach's Public Works Department to try and
address any issues that came up in the conversations .
He added that along with these changes, he added a wider
sidewalk along the street In addition to more parking spaces,
while trying to maintain the integrity of his design .
Mr. Johnston then commented on the easements on site. He
stated that he had met with the City's Public Works Department
to discuss these easements along with the Water and Sewer
utilities on -site. He noted that they also have worked with JEA to
plan out how the electric utilities will be tied in to the buildings.
The applicant then we nt on to discuss his landscape plan,
specifically, the trees they chose to keep on-site versus those they
need to remove.
Mr. Johnston then spoke to the drive aisles which would enter and
exit off of East Coast Drive. He stated that he tried to take into
account th e residents who would be immediately effected. At the
same time, he did not find another parking option.
Mr. Elmore questioned what the length of the property was along
Ahern Street and East Coast Drive . The applicant responded that
Pa ge 4 of6
Agenda Item 8B
February 12, 2018
Public Comment
Board Discussion
Motion
4. REPORTS.
the length along Ahern Street is 300 feet, while the length of the
property along East Coast Drive is 130 feet.
Mrs. Paul opened the floor to public comment. With no speakers,
public comment was closed by Mrs . Paul.
Mr . Reichler commented that while he was not personally in favor
of the proposed design of the proposed construction, he could not
vote against the application before the Board so long as it was
consistent with the City's Comprehensive Plan and land
Development Regulations.
Chair Paul clarified that the Board was only voting on the approval
or denial of the applicant's request to subdivide the lot, per their
Plat Request .
Ms. Lanier commented that she believed the design presented to
the Board for the proposed development to be consistent with the
surrounding community. At the same time, she expressed her
concern for the ingress and egress points along East Coast Drive, in
light of the traffic along that road.
Mr. Elmore moved to approve application PLAT17-0004 as it was
presented . Mr. Reichler seconded the motion . The motion carried
unanimously .
A. Administrative Variances Approved
No Administrative Variances have been approved since the last
Community Development Board Meeting .
Mr . Reichler asked Staff about the status of the Selva Preserve
application . Staff commented that the application is still under
review by City Staff. He noted that all Departments have given the
applicant comments and are awaiting a response.
Mr. Reichl er then asked for a status update on the CRA and on the
proposed rezoning ordinance for the Mayport Overlay District. Staff
replied that the CRA was under discussion amongst staff and that
Page 5 o1'6
Agenda Item 8B
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
UBEX17-0004 Public Hearing
Request for a use-by-exception as permitted by Section 24-
111(c)(3), to allow on-premises consumption of alcoholic
beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard.
Derek W. Reeves , Planner //J-.-
January 11,2018
BACKGROUND: The applicant is Atlantic Beach Yard Real Estate LLC, the entity proposing
the construction of a new barbeque restaurant at 461 Atlantic Boulevard. This will be a full service
restaurant selling beer, wine and liquor for on-premises consumption. The property is currently a
vacant lot within the Commercial General (CG) zoning district with frontage on Atlantic
Boulevard and Sturdivant A venue.
While the sale of beer and wine for on-premises consumption in conjunction with a full service
restaurant is a pe1mitted use with CG, the sale of liquor for on-premises consumption requires a
use-by-exception per Section 24-111(c)(3).
As this is new construction and the plans are still under review, there could be changes to the
cunent proposed site plan. As of today, it is planned to have a one way drive isle entering the site
from Atlantic Boulevard and exiting on Sturdivant A venue . The proposed parking area will have
angled parking and a total of 15 spaces , two of which are handicap parking. Additional parking is
being proposed through a shared parking agreement with the Beaches Town Center Association.
A dumpster will be located on the north side of the parking area near Sturdivant A venue. The
dumpster is required to be screened and fencing is proposed around an outdoor open area at the
north end of the property.
The nearest residential zoning and use is directly across Sturdivant A venue to the n01ih. This would
be the only full service restaurant with on-premises consumption of liquor between the Town
Center and Sailfish Drive with the exception of Hurricane Grill and Wings in front of the Publix
in Neptune Beach.
The Community Development Board will consider this item at their January 16, 2018 meeting.
Their recommendation will be provided in the final agenda or at the Commission meeting.
BUDGET: None.
RECOMMENDATION: To consider the CDB 's recommendation on UBEX17-0004.
ATTACHMENTS: UBEXI?-0004 applicati~pmt.
REVIEWED BY CITY MANAGER: --'r-"'F=-"=--------"'~"'--------==----=-=.,___-______ _
Agenda Item 8D
February 12, 2018
OR BK 17877 PAGE 507
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 817, 818, 819, 820, 821, 842 and 843, (/.lUI the 1Vesterly 5
feet. of Lot 822' and 844, SECTION NO. 3, SAL1'AIR,.
according to tlte plat th-ereof as recorded iu Plat Book 10, Page
16 of the Cttrrellt Public Records of Duval County, Florid(l,
00106662-1
Agenda Item 8D
February 12, 2018
OR BK 17877 PAGE 508
EXHIBIT "B"
Pennitted Exceptions
1. Taxes for 2017 and all subsequent years, not yet due and payable.
2. All matters contained on the Plat of Section No. 3 Saltair, as recorded in Plat Book 10,
Page16 Public Records of D~vaf County, Florida. ·
3. Notice and Agreement ofMitigation recorded in Official Records Book 14316, Page 1542,
Public Records of Duval County, Florida.
4. Encroachment of concrete drive into the right of way of Sturdivant A venue as shown on the
survey prepared by Boatwright Land Surveyors, Inc. dated March 12, 2008, updated March
10,2016, andJanuary23, 2017, File No.: 2017-0075.
4
Agenda Item 8D
February 12, 2018
EXHIBIT A
Application for Use-by-Exception
461 Atlantic Boulevard
Applicant, Atlantic Beach Yard Real Estate LLC ("Applicant"), seeks a use-by-exception to permit
on-premises consumption of alcoholic beverages in conjunction with a new barbeque restaurant
("Proposed Use") to be constmcted at 461 Atlantic Boulevard ("Propetty").
1. Ingress and egress to property and proposed stl'Uctures thereon with pat·ticular reference
to vehicular and pedestrian safety and convenience, traffic flow and control and access in
case of fire or catastrophe.
Applicant proposes construction of a 5,000 square foot, single-story building. Vehicular access to
the Property will be via one-way entrance to on-site parking from Atlantic Boulevard with exit
onto Sturdivant A venue. Pedestrian access to the propetty will be by the existing sidewalk on
Atlantic Boulevard. A conceptual site plan depicting the stmcture, ingress and egress is provided.
2. Parldng and Loading Spaces, where required, with particular attention to the items in (1)
above.
A total of 15 on-site parking spaces are provided, including two ADA spaces. A variance is being
sought to address off-site parking.
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.
The Propetty is one block west of the Central Business District ("CBD") within the Commercial,
General ("CO") zoning district. Restaurants, including those with on-premises consumption of
beer and wine, are permitted by right within the CO zoning district. Section 24-111 ( c )(3)
authorizes a use-by-exception for on-premises consumption of alcoholic beverages, and such use
is compatible with the existing commercial character of the CBD and those uses along Atlantic
Boulevard just west of the CBD. The addition of alcoholic beverage service to the permitted uses
will not result in excessive noise, glare and lighting, odor or traffic, and will not cause any adverse
impacts to adjoining propetties.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2)
above.
A concrete dumpster pad will be constructed at the northeast corner of the Propetty within the
parking lot as generally depicted on the site plan. A dumpster enclosure will be provided.
5. Utilities, with reference to locations, availability and compatibility.
Utilities will be provided by City of Atlantic Beach and JEA.
6. If adjacent uses are different types of users, describe type of screening and buffering that
will be provided between your use and the adjacent use.
1
Agenda Item 8D
February 12, 2018
The immediately sunounding uses to the west, south and east of the propetty are primarily
commercial with shopping plazas to the west and south, and medical and commercial offices and
a McDonalds to the east. The uses to the n01th include townhomes and the Community
Presbyterian Church. The Proposed Use will be screened from the propetties to the notth by
landscaping and a minimum 6 foot high opaque wood fence.
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.
Signage and lighting will comply with applicable regulations.
8. Required Yards and Other Open Space. Show building setbaclcs and areas of open space
on site plan.
See attached conceptual 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.
The Property is located along the Atlantic Boulevard commercial conidor, one block n01th of the
Beaches Town Center. The immediately surrounding area consists primarily of shopping centers
with restaurants such as Beach Diner and Davinci's Pizza and fast food establishments such as
McDonald's, Popeyes Louisiana Kitchen and Subway. The Proposed Use is consistent with the
commercial uses along Atlantic Boulevard, especially considering the Property's close proximity
to the CBD. Additionally, the project will introduce a new dining option for the City of Atlantic
Beach and sunounding neighborhoods consistent with the objectives of the CG zoning district
under the Comprehensive Plan.
2
Agenda Item 8D
February 12, 2018
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. UBEX17-0004) to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial
General (CG) Zoning District and located at 461 Atlantic Boulevard provided:
1. Approval of this Use-by-Exception is consistentwith the 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 district with respect to intensity of use, traffic impacts and
compatibility with existing industrial uses, commercial uses and any nearby residential uses.
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-(File No. UBEX17-0004) to allow on-premises consumption of
alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG)
Zoning District and located at 461 Atlantic Boulevard 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 petmitted in the CG zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
Page 2 of2
Agenda Item 8D
February 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
Yvonne Calverley, Executive Assistant to the City Manager }lv
January 30, 2018 (/
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special notes:
• Public Meeting hosted by Global JAX will be held on February 16 from
9 am to 10 :30 in the Chamber.
• Gaglione Hearing will be held on February 26 at 4:30pm in the
Chamber.
• A Town Hall Meeting is tentatively scheduled for Saturday, April 14 at
10 am in the Jordan Park Community Center.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for February through April2018
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (February through April
2018)
CITYMANAGER: * ~
Agenda Item 9B
February 12, 2018