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2-26-18 Final Agenda Packet 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 26, 2018 - 6:30 PM FINAL AGENDA Call to order Invocation and pledge to the flag 1. Approval of minutes A. Minutes of the Budget Workshop on September 8, 2017. 2. Courtesy of Floor to Visitors A. Melissa Beaudry, Langton Associates, report on City of Atlantic Beach grant administration activities 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions *A. Resolution No. 18-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE LEASE-PURCHASE OF A NEW 2018 VAC-CON VACUUM TRUCK WITH FREIGHTLINER CHASSIS. *B. Resolution No. 18-07 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING STAFF TO WORK ON THE DEVELOPMENT OF TERMS FOR THE POTENTIAL CONSERVATION ACQUISITION OF JOHNSTON ISLAND AS A RECREATIONAL WATERFRONT PARK BY COORDINATING POTENTIAL COLLABORATION WITH THE CITY OF JACKSONVILLE, PROPOSING A DIVISION OF CONTRIBUTIONS FOR THE CONSERVATION ACQUISITION, AND PROVIDING FOR AN EFFECTIVE DATE. 7. Action on Ordinances A. Ordinance No. 90-18-232, Public Hearing and Final Reading 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. 2 B. Ordinance No. 5-18-65, Public Hearing and Final 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. *C. Ordinance No. 95-18-115, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENALTIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OR SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing- WAIV18-0002 (For Action) Request for a waiver as permitted by Section 17-52 to waive the provision that existing nonconforming freestanding signs must be made conforming when illumination is increased as required by Section 17-51(b); and when a change is made to 25 percent or more of the sign display area as required by Section 17-51(d); and to increase the maximum width of a freestanding sign from 12 feet as required by Section 17-29(c)(1) to 13 feet; and to increase the maximum height from 8 feet as required by Section 17-29(c)(1) to 24 feet; all to allow the modification of an existing nonconforming freestanding sign due to height and location within the Commercial General zoning district at 1089 Atlantic Boulevard. B. Public Hearing- WAIV18-0003 (For Action) Request for a waiver as permitted by Section 17-52 to waive the provision that existing nonconforming freestanding signs must be made conforming when a change is made to 25 percent or more of the sign display area as required by Section 17-51(d); and when replacement is required as result of an accidental or weather-related act as required by Section 17-51(e); and to increase the maximum width of a freestanding sign from 12 feet as required by Section 17-29(c)(1) to 15 feet 8 inches; and to increase the maximum height from 8 feet as required by Section 17-29(c)(1) to 33 feet 8 inches; all to allow the modification of an existing nonconforming freestanding sign due to height and location within the Commercial General zoning district at 1500 Mayport Road. 9. City Manager A. City Manager’s Report *B. Accept the 90-Day Calendar (March 2018 through May 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. 3 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 Chamber. 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 23, 2018. *Amended on 2/21/18 as follows: 6A - Amended Resolution and added Executive Summary document 6B - Added item 7C - Added item 9B - Amended Calendars MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER ON WEDNESDAY, SEPTEMBER 6, 2017 AT 6:30PM City Commission Members Present: Mitchell E. Reeves, Mayor John Stinson, Mayor Pro Tern Mitchell R. Harding, Commissioner Arrived after Roll Call Jimmy Hill, Commissioner' Blythe Waters, Commissioner Staff present: Joe Gerrity, City Manager Kevin Hogencamp, Deputy City Manager Russell Caffey, Finance Director Kayle Moore, Public Utilities Director Donna L. Bartle, City Clerk Call to Order The meeting was called to order by Mayor Reeves at 6:40p.m. City Clerk Bmile called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves acknowledged Mayor-elect Glasser in attendance. Mayor Reeves gave a briefing about Hurricane lima preparations and explained the issuance of the Declaration of a State of Emergency, curfew order and alcohol sales suspension order and provided copies of those documents to attendees. (Commissioner Waters anived at 6:48p.m.) Mayor Reeves and City Manager Gerrity will conduct a Hunicane Irma preparation briefing for the Mayor-elect and the Commissioners-elect on Thursday, September 7, 2017 at 4:00p.m. and it is open to the public. Deputy City Manager (DCM) Hogencamp spoke about notifications and communications being accessible on the City's Homepage at COAB.US, the City's Facebook page, and the Police Department's Facebook page. Contact Mr. Hogencamp at City Hall to be added to the City's E- Newsletter list. There was a discussion about postponing the September 11, 2017 City Commission Meeting and rescheduling to the following Monday, September 18, 2017. (Commissioner Hill arrived at 6:55p.m.) Motion: To postpone the Monday, September 11, 2017 Commission meeting until Monday, September 18, 2017 at 5:05 p.m. Moved by Stinson, Seconded by Harding Agenda Item 1A February 26, 2018 Minutes-City Commission Budget Workshop Page2 Votes: Ayes-5 Harding, Hill, Stinson, Waters, Reeves Nays-0 MOTION CARRIED unanimously. Courtesy of the floor to visitors September 6, 2017 Mayor Reeves opened the Courtesy of the floor to visitors. No one wished to speak so he closed Courtesy of the floor. Budget Update Presentation: DCM Hogencamp distributed the handout titled Fiscal Year 2018 (which is attached and made pmi of this Official Record as Attachment A). Finance and IT Director Russell Caffey showed a slide presentation of the handout. He reviewed the cunent 2016-1 7 Budget and the proposed 2017-18 Budget, noting the increase to the Revenue and an increase to the Expenditures, leaving a deficit in the General Fund. Finance Director Caffey reviewed the Reserve Reconciliation explaining the deficit is attributed to additional legal fees, expenses related to the Enterprise Resource Planning software, and expenses related to the City Hall remodel. He fmiher explained other increases are related to the addition of four employee positions, increases in the General Employee Pension plan, increases in Workers Compensation, and proposed employee raises (3% non-swom employees, 6.5% swom employees). Mr. Caffey reviewed Roadway Improvements, the Reserve Reconciliation, the Half Cent Discretionary Sales Tax Fund, the Convention Development Tax Fund, and the Local Option Gas Tax Fund. Discussion ensued about Roadway Improvements, noting the importance of the all the sidewalk work/improvements being completed prior to beginning the streetscaping and beautification projects. Finance Director Caffey stated that the $100,000 for the streetscaping and beautification projects is not assigned to one specific project at this time, but identifies an area where improvements will be made. As the year evolves other ideas for budgeting will be identified. Discussion continued about the funding to assist residents in the transition from septic to sewer and questioning if Duval County funds were available to subsidize. Finance Director Caffey explained this budget item resulted from a need voiced by the Commission and it is a line item in place to be ready to commit to the project. The next topic discussed was the Spray Park listed under the Convention Development Tax Fund. Mayor Reeves stated these can be very expensive and that the Beach Walkovers were more impmiant to maintaining the dunes. Mayor Reeves inquired about the amount budgeted for Health Insurance being the same as the previous year. Mr. Caffey explained the actual costs will be confirmed in November and it is possible there could be a 5% increase. City Manager Gerrity spoke about changing the Health Insurance contract from a calendar year to a fiscal year. Agenda Item 1A February 26, 2018 Minutes -City Commission Budget Workshop Page3 September 6, 2017 Mayor Reeves spoke about the last Millage Rate reduction, 1/10th of a Mil resulting in $147,000. He asked the Commission to consider another 1/10th Mil reduction this year, which would be a little over $150,000, due to the increases to our tax base. Finance Director Caffey spoke about the Half Cent Discretionary Sales Tax Fund and the types of capital projects it can be used for. He spoke about the Convention Development Tax Fund which includes funding for Beach Walkovers and Signage. Mr. Caffey stated there were no changes proposed to the Local Option Gas Tax Fund. Regarding the proposed Spray Park that is budgeted from the Convention Development Tax Fund, Mr. Caffey stated it is up to the Commission whether or not to move forward on this item. Regarding the Spray Park, Commissioner Hill expressed concerns about safety, maintenance costs, staffing, and liability. Mr. Hill spoke in favor of the Lifeguard Station improvements. He stated our signs should be more unifmm in appearance throughout the City, like state park signage. Commissioner Hill spoke about the flooding problems in the City and the probability of resolving through property acquisition for the sake of percolation and water shed. He stated he would like more infmmation about how the tax funds can be used. Commissioner Harding spoke about infi:astructure improvements for Marsh Oaks, about the transition from septic to sewer, and about streets and drainage. He addressed the Sidewalk Improvements for Royal Palms and inquired if the $150,000 is in addition to last year's $100,000 budgeted for the same item. He spoke about the 1/lOth Millage Rate reduction and the need for planning ahead due to anticipated decreases in revenue. Commissioner Waters spoke about the Millage Rate reduction and stated she was not in favor of doing that this year. She agreed that with new construction there is an increase to the tax base, but Ms. Waters stated that prope1iy development requires increased City services. She spoke about planning ahead with the potential for decreases in revenue. Commissioner Waters stated that rolling back the Millage Rate now could create the potential for the next Commission to have to raise taxes over the next couple of years. Ms. Waters also had questions about the amounts budgeted for the Sidewalk Improvements for Royal Palms. Kayle Moore, Public Utilities Director, addressed the Sidewalk Improvements for Royal Palms. Mr. Moore explained that a pmiion of the previous year's $100,000 budget was used for the expense of a consulting design fi1m to prepare a full design set and specifications for the three East/West sections in Royal Palms. The balance of that amount was carried over and will cover the construction of one of the three sections. This budget for $150,000 is to cover the other two sections and all three sections will be completed at one time. Mr. Moore spoke about the process and reasoning behind outsourcing for the required design specifications and construction of these sidewalks. The work must be ADA Handicap Accessible, include specifications for rights-of-way and existing utilities, and all related costs must be identified for budgeing and meeting the required construction specifications. Commissioner Waters asked that the Commission be advised when and where the streetscaping and beautification projects are scheduled. She emphasized the importance of work/improvements being completed prior to beginning the streetscaping and beautification projects. Agenda Item 1A February 26, 2018 Minutes-City Commission Budget Workshop Page4 September 6, 2017 Commissioner Waters spoke in favor of a Spray Park and noted benefits to the community. She agreed that Beach Walkovers are important to maintaining the dunes and might take precedence, but would like to consider a Spray Park for another budget year if possible. Ms. Waters agreed that signage should be more uniform in appearance, like state parks. City Manager Genity and Public Utilities Director Moore confi1med that any expenditure of $100,000 will come before the Commission in the fmm of a Resolution with a line item detail. Public Utilities Director Moore addressed the budgeting for the extension of the sewer system regarding the transition from septic to sewer. He stated this type of project will require additional infrastructure and a pump station construction prior to residents being able to transition from septic to sewer. Commissioner Stinson spoke about the pros and cons of a Millage Rate reduction. He expressed concems about the deficit in the proposed budget and questioned covering that amount from the Reserve Fund. Cunently the City's Reserve Fund has a balance in excess of what is required and he questioned the push to spend that overage. Commissioner Stinson gave examples of expenditures - there are two major storms approaching, there is discussion to purchase Selva Preserve, the City paid to have Johnston Island evaluated, and there is a big cost overage for the Safe Routes to School project. All these items equal a very large outlay of taxpayer dollars. Commissioner Stinson questioned spending on extras while cutting the revenue simultaneously and encouraged researching other resources to decrease the deficit. Finance Director Caffey explained the 1/1 oth Millage Rate reduction for an individual prope1iy owner and for the City, and he reviewed the breakdown of that distribution. A lengthy discussion ensued about not using salary lapses as a budgeting tool, about the millage rate reduction, about City services to residents, about expenditures for projects to prevent flooding into homes, about Johnston Island, and about the increase in legal fees. The Commission acknowledged if they were in favor of or in opposition to the following items remaining in the proposed budget. Roadway Improvements: (from Reserve Fund) Sidewalk Improvements, Royal Palms-$150,000 Streetscaping & Beautification W. Mayport -$100,000 Aye: 4 Harding, Waters, Stinson, Reeves Nay: 1 Hill Consensus reached to keep in proposed budget. Half Cent Discretionary Sales Tax Fund: Funding to assist residents transition from septic to sewer-$25,000. Aye: 5 Harding, Waters, Stinson, Hill, Reeves Nay: 0 Consensus reached to keep in proposed budget. Convention Development Tax Fund: Beach Walkovers and Signage-$70,000 Agenda Item 1A February 26, 2018 Minutes-City Commission Budget Workshop Page 5 Aye: 5 Hill, Harding, Waters, Stinson, Reeves Nay: 0 Consensus reached to keep in proposed budget. Spray Park -$2~0,000 (to keep) Aye: 1 Waters Nay: 4 Stinson, Hill, Harding, Reeves Consensus reached to remove from proposed budget. September 6, 2017 Since the Spray Park has been removed from the budget a lengthy discussion ensued about the allowed uses of Convention Development Tax Funds, about land acquisitions and uses, about dune/beach walkovers, developing parking and pedestrian safety, developing parks, increasing the amount for use on Beach Walkovers and Signage, and about leaving the unused $250,000 in the fund balance. Finance Director Caffey reviewed the Hunicane Matthew Reimbursement Recap and stated the City has not been reimbursed. Lowering Millage Rate: (cunent rate 3.22850) Consideration to lower the Millage Rate 1/1 oth of a Mil, $150,673 Consensus reached not to lower the millage rate 1/lOth. Finance Director Caffey indicated that he would provide an updated budget book to the Commission. Mayor Reeves opened courtesy of the floor. Rick Carper, 1810 Selva Grande Dr., Atlantic Beach, spoke about City personnel needs, the resurfacing budget, the millage rate reduction, a Parks Master Plan, flooding, and improved street lighting. There were no other speakers. Mayor Reeves closed courtesy of the floor. Adjournment There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:36p.m. Donna L. Bmile, CMC City Clerk DLB/njp John Stinson Mayor Pro Tern on September 6, 2017 Agenda Item 1A February 26, 2018 Agenda Item 1A February 26, 2018 AGENDA ITEM: SUBMITTED BY: TODAY'S DATE: MEETING DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT M elissa Beau dry, Langt o n Associates, report o n Ci t y of Atlantic Bea ch grant administratio n activit ies Kevin Ho ge n ca mp, De puty City M an age r Fe b . 15, 201 8 Feb . 26, 20 18 SUMMARY : Th e Cit y of Atl antic Beach procu res th e services of Langton Ass oci ate s, In c. f o r t he City's gra nt-writin g and re lat ed needs, a nd t h e city m a nage r h as d es i gnat ed th e d eputy city man age r to administ er t h e Langton contract. Th e se r vices that Langton and Assoc iates p rovi des t o th e Cit y a r e as f ollo w s: • In -Depth Needs Assess m ent and St ra t egic Gr ants Pl an • Dete rmin ation of Relevant Fundin g Sources • Pr ep ar ation and Submiss ion of Gr ant Appli ca tion s • Tec hnical Ass ist ance on Gr ant Ad ministration • Pe rso nali ze d Gr ant Resea r c h and Co n sultatio n • Intergo vern mental Relatio ns wit h Fede r al and St~te Governm ents • Pr ovid e a Se mi-W eekly E-M ail Gr ant Al ert La ngton's M elissa Bea udry will pro vid e an update on t h e firm's activit ies at the Feb . 26 City Com miss io n m eeting, and will w el co m e qu estions ac cordin gly. ~ ~ ;;r REVIEWED BY CITY MANAGER: ---~~-....:/ __ ~~-..::....;-------- 1 Agenda Item 2A February 26, 2018 RESOLUTION NO. 18-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE LEASE-PURCHASE OF A NEW 2018 V AC-CON VACUUM TRUCK WITH FREIGHTLINER CHASSIS. WHEREAS, many municipalities, including our neighboring cities, own and operate jet-vac trucks to perform regular maintenance on their stormwater and sanitary sewer infrastructure, and to respond to specific emergency situations; and WHEREAS, City staff has dete1mined we will benefit from an operational standpoint, and more efficiently and economically perform at our high level of service by purchasing this equipment; and WHEREAS, this equipment will allow the Public Works and Public Utilities crews to effectively clean and maintain sewer and stmmwater lines. Both Departments have outsourced similar services for both routine/preventive maintenance and emergency response situations such as flooding and sewer backups; and WHEREAS, having this equipment available in-house will be invaluable for both scheduled and reactive/emergency maintenance activities. On the preventive maintenance side, it will reduce costs over outsourcing and allow for a more comprehensive scheduled maintenance program. In addition, having the equipment in-house, emergency response time will dramatically improve for call-outs and emergency situations; and WHEREAS, Option 1 of a five year lease-purchase with Leasing 2, Inc. of a new 2018 V ac-Con Vacuum Truck with Freightliner Chassis allows for five annual payments of$73,675.46 for a total amount of$368,377.30 (equipment plus finance cost). WHEREAS, The first year's payment will require a budget mod transferring the necessary funds into the 6400 accounts (Machinery & Equipment) within the Sewer and Stormwater Funds, while additional year payments will be similarly budgeted; and NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes the City Manager to execute the lease to purchase a new 2018 Vac-Con Vacuum Truck with Freightliner Chassis through Leasing 2, Inc.; SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 26th day ofFebruary, 2018. Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Amended Item 6A February 26, 2018 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Lease-Purchase a New 2018 Vac-Con Vacuum Truck with Freightliner Chassis Scott Williams, Public Works Director Kayle W. Moore, P.E., Public Utilities Director February 8, 2018 Many municipalities, including our neighboring cities, own and operate jet-vac trucks to perform regular maintenance on their stormwater and sanitary sewer infrastructure, and to respond to specific emergency situations. City staff has determined we will benefit from an operational standpoint, and more efficiently and economically perform at our high level of service by purchasing this equipment. This equipment will allow the Public Works and Public Utilities crews to effectively clean and maintain sewer and stormwater lines. Both Departments have outsourced similar services for both routine/preventive maintenance and emergency response situations such as flooding and sewer backups. Having this equipment available in-house will be invaluable for both scheduled and reactive/emergency maintenance activities. On the preventive maintenance side, it will reduce costs over outsourcing and allow for a more comprehensive scheduled maintenance program. In addition, having the equipment in-house, emergency response time will dramatically improve for call-outs and emergency situations. RECOMMENDATION: Approve Option 1, a five year lease-purchase of a new 2018 Vac-Con Vacuum Truck with Freightliner Chassis (options detailed in the Vac- Con Specification attachment from Southern Sewer Equipment Sales) in the total amount of$368,377.30 (equipment plus fmance cost). This option allows for five annual payments of $73,675.46. ATTACHMENTS: Vac -Con Specifications from Southern Sewer Equipment Sales Lease Financing Proposal Chassis Quote from Florida Sheriffs Contract BUDGET: The annual payments of$73,675.46 will be funded from the Sewer Fund 410-5506-535-6400 ($36,837.73) and the Stormwater Fund 470-0000- 538-6400 ($36,837.73). The first year's payment will require a budget mod transferring the necessary funds into the 6400 accounts (Machinery & Equipment) within the Sewer and Stormwater Funds. REVIEWED BY CITY MANAGER: g.._ &f Amended Item 6A February 26, 2018 2018 FLORIDA SHERIFFS CONTRACT SPEC 15 LOU BACHRODT/SBL FREIGHTLINER LOW BID ON THIS SPEC Daimler Truck Financial Financing that works for you. Application Version 9 .3.011 Data Version PRL-16D .007 ATLANTIC BEACH VAC CON SINGLE Prepared by: Drew Ellison LOU BACHRODT FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-886-6704 See your local dealer for a competitive quote from Daimler Truck Financial, or contact us at lnformation@dtfoffers .com . Daimler Truck Financial offers a variety of finance, lease and insurance solutions to fit your business needs . For more information about our products and services, visit our website at www.daimler-truckfinancial.com . 01/16/2018 3:06PM Page 2 of 15 Amended Item 6A February 26, 2018 2018 FLORIDA SHERIFFS CONTRACT SPEC15 LOU BACHRODT/SBL FREIGHTLINER LOW BID ON THIS SPEC Engine Data Code AA3-034 AF3-2BP 101-22V Description SEWER/INDUSTRIAL VACUUM BODY VAC CON CUM L9 370 HP@ 2000 RPM, 2 100 GOV RPM, 1250 LB/FT@ 1400 RPM Electronic Parameters 79A-072 72 MPH ROAD SPEED LIMIT 79B-OOO CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-009 PTO MODE ENGINE RPM LIMIT-1200 RPM 79L-011 PTO MODE THROTTLE OVERRIDE-LIMIT TO 1400 RPM 79M-001 PTO MODE BRAKE OVERRIDE-SERVICE BRAKE APPLIED 79P-009 PTO RPM WITH CRUISE SET SWITCH-1200 RPM 79Q-009 PTO RPM WITH CRUISE RESUME SWITCH -1200 RPM 79S-001 PTO MODE CANCEL VEHICLE SPEED -5 MPH 79U-006 PTO GOVERNOR RAMP RATE -200 RPM PER SECOND 79W-002 TWO REMOTE PTO SPEEDS 79X-001 REMOTE PTO SPEED 1 SETTING -700 RPM 79Y-001 REMOTE PTO SPEED 2 SETTING -900 RPM 80G-002 PTO MINIMUM RPM -700 80J-002 REGEN INHIBIT SPEED THRESHOLD -5 MPH I Engine Equipment 99C-017 2016 ONBOARD DIAGNOSTICS/2010 EPA/GARB/FINAL GHG17 CONFIGURATION 99D-011 2008 GARB EMISSION CERTIFICATION -CLEAN IDLE (INCLUDES 6X4 INCH LABEL ON LOWER FORWARD CORNER OF DRIVER DOOR) 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-1 B5 SIDE OF HOOD AIR INTAKE WITH DONALDSON HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT, FIREWALL MOUNTED 124-1D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE Application Version 9.3 .011 Data Version PRL-16D.007 ATLANTIC BEACH VAC CON SINGLE @ti&tliiiNti) Prepared by: Drew Ellison LOU BACHRODT FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone : 407-886-6704 01/16/2018 3:06PM Page 4 of 15 Amended Item 6A February 26, 2018 2018 FLORIDA SHERIFFS CONTRACT SPEC 15 LOU BACHRODT/SBL FREIGHTLINER LOW BID ON THIS SPEC Data Code 701-001 703-005 170-015 130-033 702-002 739-033 285-013 280-007 324-011 655-005 284-023 756-1J3 760-1J3 711-004 758-036 761-036 763-101 532-002 540-015 Description STANDARD HVAC DUCTING MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD HEATER PLUMBING DENSO HEAVY DUTY AIR CONDITIONER COMPRESSOR BINARY CONTROL, R-134A STANDARD INSULATION SOLID -STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM DOME DOOR ACTIVATED LH AND RH , DUAL READING LIGHTS, FORWARD CAB ROOF LH AND RH ELECTRIC DOOR LOCKS (1) 12 VOLT POWER SUPPLY IN DASH BASIC HIGH BACK AIR SUSPENSION DRIVER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION BASIC HIGH BACK AIR SUSPENSION PASSENGER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION LH AND RH INTEGRAL DOOR PANEL ARMRESTS VINYL WITH VINYL INSERT DRIVER SEAT VINYL WITH VINYL INSERT PASSENGER SEAT BLACK SEAT BELTS ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 4-SPOKE 181NCH (450MM) STEERING WHEEL 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls 732-004 734-004 87L-003 870-001 486-001 840-002 GRAY DRIVER INSTRUMENT PANEL GRAY CENTER INSTRUMENT PANEL ENGINE REMOTE INTERFACE WITH PARK BRAKE AND NEUTRAL INTERLOCKS BLACK GAUGE BEZELS LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES Application Version 9.3.011 Data Version PRL-16D.007 @&WIIIU&fi) ATLANTIC BEACH VAC CON SINGLE Prepared by: Drew Ellison LOU BACHRODT FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone : 407-886-6704 01/16/2018 3 :06PM Page 13 of 15 Amended Item 6A February 26, 2018 2018 FLORIDA SHERIFFS CONTRACT SPEC 15 LOU BACHRODT/SBL FREIGHTLINER LOW BID ON THIS SPEC Data Code 198-025 149-013 156-007 811-042 160-038 844-001 148-071 163-001 33U-004 856-001 864-001 830-017 852-002 679-001 746-115 747-001 750-002 753-001 810-027 817-001 812-001 813-998 162-018 Description INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28 LED WARNING LAMPS AND DATA LINKED HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 2 INCH ELECTRIC FUEL GAUGE ENGINE REMOTE INTERFACE WITH INCREMENT/DECREMENT ENGINE REMOTE INTERFACE CONNECTOR AT BACK OF CAB PREWIRE PACKAGE FOR VAC CON CONTROL MODULE AND CHASSIS INTERFACE ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY ELECTRIC ENGINE OIL PRESSURE GAUGE OVERHEAD INSTRUMENT PANEL AM/FM/WB WORLD TUNER RADIO WITH BLUETOOTH AND USB AND AUXILIARY INPUTS, J1939 DASH MOUNTED RADIO (2) RADIO SPEAKERS IN CAB AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER STANDARD VEHICLE SPEED SENSOR ELECTRONIC 3000 RPM TACHOMETER NO VEHICLE PERFORMANCE MONITOR IGNITION SWITCH CONTROLLED ENGINE STOP WITH CONTROL MOUNTED AT FIREWALL Application Version 9.3.011 Data Version PRL-16D.007 ATLANTIC BEACH VAC CON SINGLE ® @?j@IW?f@ Prepared by: Drew Ellison LOU BACHRODT FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-886-6704 01/16/2018 3:06PM Page 14 of 15 Amended Item 6A February 26, 2018 REQUEST TO PROCEED: When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement, please indicate so by signing below and completing the requested information. We will immediately email you our application. Thank you for your confidence and consideration. Proposal date: January -26 , 2018 Option Chosen : ___ (where applicable) Upcoming Governing Body meeting date for lease approval:------------- City of Atlantic Beach. FL Name of Lessee Authorized Signature Printed Name Of Authorized Signature Contact Name (If Different Than Authorized Signature) Contact E-Mail Address Date Title Contact Phone Last month of your budget year? _______ _ Please complete the above information and fax or email all pages of the proposal to 813-258-9333 I rcarney@leasing2.com ** Important: A Resolution will be required with the lease contract ** In the event that you require board action to sign this proposal, please call us so that we may forward the preferred form for the meeting. Amended Item 6A February 26, 2018 12 Month Standard Warranty Base Bid Price: Optional Equipment: Downgrade to 9 Yard Debris Tank to be Mounted on Single Rear Axle Chassis 600' x 1" Hose Reel Capacity 50 GPM @ 3,000 PSI Water System with 400' x %" Hose Articulating Hose Reel (includes Hose Footage Counter) Wireless Remote Variable Flow Water System, Includes 2 Additional Nozzles Dual Engine Configuration: Gas Auxiliary Engine, Includes High Volume Hydrostatic Pump Upgrade and Auxiliary Engine Remote Oil Drain 10' Telescoping Boom Assembly with Pendant Control Station Municipal Performance Package # 1: Storage Box Behind Cab, Debris Body Power Flush System, 50' Capacity Hand Gun Hose Reel, Low Water Alarm, Body Load Limit Alarm, Back Up Alarm, 2.5" Water Drain Valve, 6" Knife Valve Hydro Excavation Package: 50' Retractable Hose Reel with 50'x W' High Pressure Hose, Heavy Duty High Pressure Unloader Valve, Main Control Ball Valve & 72" x 1/2" Lance with Quick Disconnect Gravity Drain: Plumbing to Mid-Passenger Side of Unit, Allowing Return of Liquids to Manhole 600' x %''High Pressure Rodder Hose in lieu of 400' (unpublished option, includes 2% discount) Rear Splash Guard, Tank Mounted 2-10 O'clock Position (unpublished option, includes 2% discount) Remote Boom Grease Zerk Assembly (unpublished option, includes 2% discount) Remote Debris Tank Grease Assembly (unpublished option, includes 2% discount) Hand Held LED Spot Light (unpublished option, includes 2% discount) LED Arrowstick (unpublished option, includes 2% discount) 1) Mirror Mounted Strobe Light with Limb Guard (unpublished option, includes 2% discount) Omnibus Precision Power System: Electronic Controller System with a Color Monitor, Electronic Footage Counter and Pressure Compensated Hydraulics (unpublished option, includes 2% discount) Lazy Susan Pipe Rack, Holds 5 Pipes (unpublished option, includes 2% discount) Final Model After Options: V390LHAP/IOOO $176,562.00 ($8,096.00) ($2,623.00) No Charge $14,245.00 $5,208.00 $1,275.00 $2,132.00 $13,825.00 $8,962.00 $6,494.00 $1,901.00 $845.74 $2,504.88 $2,263.80 $2,440.20 $568.40 $2,668.54 $879.06 $5,203.80 $2,434.32 Price for Vac-Con Body: $239,693.74 New 2018 Freightliner 114SD Single Rear Axle Chassis, 43,000 GVW, 370 HP Diesel Engine, Allison 3000 RDS Transmission: $94,850.00 (Quote from Lou Bachrodt Freightliner) TOTAL PRICE FOR BODY & CHASSIS: $334,543.74 The body price includes mounting the Vac-Con body to the chassis. Please review the Florida Sheriffs Contract for chassis options. The chassis supplier should drop ship the chassis to V ac-Con Amended Item 6A February 26, 2018 in Green Cove Springs, FL. The specifications should be approved by Vac-Con before ordering the chassis. We appreciate the opportunity to provide this equipment to the City of Atlantic Beach. Please feel free to contact Bill Stinson at (772) 216-2173, if you have any questions. Sincerely, ~~~ Jenny Mitchem Executive Sales Coordinator jm/mjc Amended Item 6A February 26, 2018 RESOLUTION NO. 18-07 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING STAFF TO WORK ON THE DEVELOPMENT OF TERMS FOR THE POTENTIAL CONSERVATION ACQUISITION OF JOHNSTON ISLAND AS A RECREATIONAL WATERFRONT PARK BY COORDINATING POTENTIAL COLLABORATION WITH THE CITY OF JACKSONVILLE, PROPOSING A DIVISION OF CONTRIBUTIONS FOR THE CONSERVATION ACQUISITION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach recognizes the vital importance of acquiring conservation land; and WHEREAS, the City of Atlantic Beach, City of Jacksonville and the State ofFlorida have demonstrated a commitment to preserving and making improvements to the portions of the Intracoastal Waterway adjacent to the City by the acquisition of Dutton Island Preserve, River Branch Preserve, and Tideviews Preserve; and WHEREAS, the Johnston Island prope1iy, lying on the border of Atlantic Beach and Jacksonville between the River Branch Preserve and Atlantic Boulevard, consists of 8.5 acres, including 3.1 acres of uplands; and WHEREAS, the City of Atlantic Beach would like to collaborate with the City of Jacksonville on the potential conservation acquisition of Johnston Island; and WHEREAS, Johnston Island could be an impmiant recreational and environmental resource for the citizens of nmiheast Florida. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1: Direction to Staff on Development of Potential Terms: The City Commission directs staff to work on the development of potential terms for the conservation acquisition of Johnston Island. Section 2: Coordination with City of Jacksonville: The City Commission directs staff to coordinate potential collaboration with the City of Jacksonville on the conservation acquisition of Johnston Island for a recreational waterfi:ont park. Section 3: Proposed Division of City Contributions: The City Commission proposes to the City of Jacksonville that the City of Atlantic Beach would contribute 60 percent of the purchase price and the City of Jacksonville would contribute 40 percent of the purchase price if mutually acceptable terms can be reached. Amended Item 6B February 26, 2018 Section 4: Effective Date: This resolution shall take effect immediately upon its final passage and adoption. PASS ED by the City Commission this ___ day of _______ , 2018. Ellen Glasser, Mayor Attest: Donna L. Bmile, City Clerk Approved as to form and conectness: Brenna M. Durden, City Attorney Amended Item 6B February 26, 2018 BILL GULLIFORD COUNCIL MEMBER, DISTRICT 13 PHONE (904) 630-1397 FAX (904) 630-2906 E-MAIL: GULLIFORD@COJ.NET August 25, 2017 Atlantic Beach City Commissioners 800 Seminole Road Atlantic Beach, Fl. 32233 Re: Acquisition of Johnston Island OFFICE OF THE CITY COUNCIL Dear Atlantic Beach City Commissioners: 117 WEST DUVAL STREET SUITE 425 JACKSONVILLE, FLORIDA 32202 I wish to give my supp011 for the City of Atlantic Beach taking initial steps towards the potential acquisition of Johnston Island. I applaud the City of Atlantic Beach's initiative in recent decades to protect conservation and recreational land along the intercoastal waterway. I believe that the acquisition of Johnston Island would create an important additional access point for City of Jacksonville and City of Atlantic Beach citizens to enjoy the adjacent Riverbranch Preserve, Tideviews Preserve, and Dutton Island Preserve. I am supportive of the Atlantic Beach City Commission directing staff to execute a non-binding Jetter of interest, order an appraisal, and to develop an agreement with an independent contractor(s) to complete a detailed due diligence evaluation of Johnston Island for use as a waterfront park. If the City of Atlantic Beach decides to move forward with this purchase, I will endeavor to demonstrate to the othei'Council Members that this is a worthy conservation acquisition for the City Of Jacksonville. WIG/ch Amended Item 6B February 26, 2018 Agenda Item 7A February 26, 2018 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Ordinance No. 9 0 -18-232 Second Reading nnd Public Hea•·ing AN OROlNANCE OF THR CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CI1RTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOHlLE SERVICE STATION MORATORIUM ORDINANCE," Al)PROVED ANJ) AOOJ>TED BY THE CITY COMMISSION ON SEPTEMBER 12,2016, AS AMENDED BY ORDINANCE 90- 17-229, APPROVED AND ADOPTED BY THE CITY COMMTSSlON ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; J>ROVIDING FOR THE CONTINUED V ALJDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVJDTNG AN EFFECTIVE DATE. Shane Co rb in, Community Deve lopm ent Director ; C£S:) Derek W. Reeves, Pl anner ,A Febru ary J 3, 2 01 8 BACKGROUND: At its meeting on Sep te mb er 12,2016, th e Commiss io n a pproved and adopted Ordinanc e No. 9 0 -16-225 , establi shin g a tempo rary morato rium for "auto mobil e service station" establi s hment s, as des cribed in sa id ordin ance. Thi s mo rato rium was set to ex pir e Au gus t 22,2017. Commi ss i.on approved and adopted Ordinance No. 90 -17-229 amendin g th e prev io us ordinan ce to ex tend th e morat oriwn fo r six month s to f ebru ary 22. 2 01 8. The Co mmi ss ion approved Ordinance No. 90-18-232 on fir st readin g a t th e ir Febru ary 12, 2018 mee ting. A sec ond readin g and publ.ic hearin g was se t fo r f ebruary 26, 2 018 . The ordi n.a nce will be adopt ed if approved at th e up co mjn g mee tin g. BUDGET: N one. RECOMIVIENJ)ATION: To approve Ordin anc e No. 9 0 -18-232 on se cond readin g. ATTACHMENTS: Prop osed Orcl . 90-J 8-232, Ori gina l moratorium -Ord . 90-1 6 -225, F irst cx tc nsion-O rd . 90-L 7-229 . REVIEWED BY CITY MANAGER: __ (k __ )'_w;_·-+---------- Agenda Item 7A February 26, 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 26, 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 26, 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 WIDCH 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 26, 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, 20 I 6, 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, 20 I 6 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, 20 I 6, 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 of the 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 tenns are defined as follows: (a) "automotive service stations" has the same meaning as "service station-automotive" set forth in Section 24-17 of the City's Land Development Regulations. (b) "automotive service-minor" and "automotive repair-heavy" have the same meanings as set fmih in Section 24-17 of the City's Land Development Regulations. 00682684·1 Ordinance No. 90-16-225 2 Agenda Item 7A February 26, 2018 (c) "car wash" has the same meaning as set forth m 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 supermarkets. 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 Distlicts 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 pennitting and approval of Automobile Service Stations. SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A temporary 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 pennitting 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 26, 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 co lilt 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 comt 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 26, 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 andfor 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 ofthe 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 Au9vs .. i"' 14, 2017, the day the City Commission. first took action towards adoption of 00843751-1 DRAFT 1/31/2018 ORDINANCE NO. 5-18-65 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 FORAN EFFECTIVE DATE. WHEREAS, Section 2-19 of the Code of Ordinances establishes rules of conduct and procedure for City Commission meetings; and WHEREAS, subsection (7) of said Section 2-19 establishes a specific order of business for all types of business to come before the City Commission; and WHEREAS, said subsection (7) effectively governs the placement of various items, topics and announcements on the City Commission meeting agendas; and WHEREAS, at several public meetings, the City Commission has discussed possible changes to the order of business set forth in subsection (7) and determined that it is desirous of changing the specific order of business set forth in subsection (7). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Recitals. The recitals set forth above are true and incorporated as if set forth herein. SECTION 2. Repeal and Replacement of Section 2-19(7). Code of Ordinances. Section 2-19 (7) of the Code of Ordinances is hereby repealed in its entirety and new Section 2-19 (7) is hereby adopted, all as shown on Exhibit A attached hereto and made a part hereof. SECTION 3. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. 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 00937843-1 Agenda Item 7B February 26, 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 ____ _J 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 00937843-1 2 Agenda Item 7B February 26, 2018 EXHIBIT A Section 2-19. Rules of Conduct and Procedures at Meetings. (7) Rule 7. The order ofbusiness shall be as follmvs: a. l. .. pproval of minutes or preceding meetings; b. Courtesy of floor to any visitors vvho desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consentagend~ e. Report of committees; f. Lktion on resolutions; g. ,A .. ction on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports andfor 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/or requests: and I. Closing comments by City Commissioners and City Manager. if desired. 00937843-1 3 Agenda Item 7B February 26, 2018 DRAFT 2/8/2018 ORDINANCE NO. 95-18-115 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENAL TIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OR SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the humane treatment of animals is an important public purpose; and WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities for dogs and cats in which the health of the dogs and cats is disregarded to maintain a low overhead and maximize profits; for example, by keeping parent dogs and cats in cages for their entire lives without adequate food, water, veterinary care, or socializations; breeding females multiple times per year with little to no recovery time between litters; and breeding dogs and cats regardless of whether they carry congenital or hereditary diseases; and WHEREAS, according to United States Department of Agriculture reports, documented problems found at puppy and kitten mills include: 1) sanitation problems leading to infectious diseases; 2) large numbers of animals overcrowded in cages; 3) lack of proper veterinary care for severe illnesses and injuries; 4) lack of protection from harsh weather conditions; and 5) lack of adequate food and water; and WHEREAS, the Humane Society of the United States estimates that each year two to four million dogs and cats are born in the United States in puppy and kitten mills; and WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the purchase and sale of puppies and kittens produced at these inhumane facilities; and WHEREAS, according to the Humane Society of the United States, although American consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in reality, the animals that come from mills often face an array of health problems; including not only communicable diseases or genetic disorders that present immediately after sale, but also diseases or disorders that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and 00918792-1 Amended Item 7C February 26, 2018 00918792-1 DRAFT 2/8/2018 (3) An animal shelter or animal rescue organization which operates out of or in connection with a pet store: ( 4) An animal hospital or veterinarian's office: (5) A pet store engaged in the display. sale. deliver. offer of sale. barter, auction. gifting or transfer of pets other than cats or dogs: (6) A pet store or its owner. operator or employees that provide space and appropriate care for animals owned by a publicly operated animal control agency. nonprofit humane society or nonprofit animal rescue agency and maintained at a pet store for the purpose of adopting those animals to the public: (7) Hobby breeders. (c) Cert(ficate oJSource. A pet store. animal rescue organization or animal shelter that obtains dogs or cats from a permitted source shall post conspicuously on the cage of each dog or cat: (1) The name and address of the source from which the dog or cat was obtained and date thereof: (2) A copy of the certificate of source shall also be provided to the purchaser or transferee of any pet; (3) A description of the dog or cat. including species breed. sex. color and distinctive markings. physical condition and health. and age (ifknown): and ( 4) For each dog or cate receiving medical care while in the custody or control of the pet dealer or pet shop. the type of service rendered, date and veterinarian's name. (d) Definitions. For purposes of this Section. the following words, terms. and phrases shall have the following meanings: 3 Amended Item 7C February 26, 2018 00918792-1 DRAFT 2/8/2018 (1) Animal Rescue Organization means humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c)(3) of the Internal Revenue Code. which organization is devoted to the rescue. care and/or adoption of stray. abandoned. injured or surrendered animals and which does not breed animals and which obtains its animals through donation only. (2) Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue. care and adoption of stray. abandoned or surrendered animals. and which does not breed animals. (3) Cat means an animal of the Felidae family of the order Carnivora. ( 4) Certificate o[Source means a copy of a notarized affidavit of verification from the source from which the pet was obtained. (5) Dog means an animal of the Canidae family of the order of Carnivora. (6) Hobbv Breeder means any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one litter per adult female animal per calendar year whether or not the animals in such litter are offered for sale or other transfer from the premises on which they were bred. This does not include a breeder that sells to a retail store. (7) Pet Mill means a facility where pets are bred for the purpose of selling them and where any two of the following conditions are found to exist: a. More than twenty (20) dogs under the age of 12 weeks or more than twenty (20) cats under the age of 16 weeks are kept at a single time: b. No genetic or heredity health testing appropriate for the breed is conducted: c. No long term (over one [1] year) guarantees are honored: 4 Amended Item 7C February 26, 2018 DRAFT 2/8/2018 d. A single female is bred every cycle: e. A single female is bred more than five (5) times; f. There are no records of the dog or eat's parents; g. More than eight (8) dogs or cats are kept in a single cage or kennel area. (8) Pet Store means a pet shop, pet groomer, pet beauty parlor or other retail establishment open to the public and engaging in the business of selling pet supplies and/or services and/or offering for sale and/or selling animals at retail. (9) Pet Store Operator means a person who owns or operates a pet store or both. (10) Retail Sale includes display, offer for sale, offer for adoption. barter, auction. give away or other transfer of any cat or dog. (e) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per day per animal for the first violation within a twelve (12) month period. and a fine of $500.00 per day per animal for any subsequent violation within a twelve (12) month period. The Atlantic Beach Police Department I Atlantic Beach Animal Control shall enforce the provisions set forth within this Section. Each day any violation of any provision of this Section shall continue constitutes a separate offense. (fJ Special magistrate. A notice of violation shall be taken before the City's special magistrate for consideration of the alleged violations of this section and applicable fines. The special magistrate shall exercise jurisdiction over such matters in accordance with Section 2-146.1 of the Code of Ordinances of the City of Atlantic Beach. SECTION 3. Section 2-146.1, Jurisdiction of Special Magistrate of the Code of Ordinances ofthe City of Atlantic Beach is hereby amended to read as follows: Sec. 2-146.1 -Jurisdiction of special magistrate. (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the jurisdiction and authority to hear and decided alleged violations of the section4-10, dangerous dogs, 00918792-1 5 Amended Item 7C February 26, 2018 DRAFT 2/8/2018 section 4-11, classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts, and alleged violations of Section 4-16, Requirements for Sales of Dogs and Cats. Appointment of the special magistrate shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall receive such compensation as determined by the commission. (c) The special magistrate shall have the power to: (1) Adopt rules for the conduct of the hearings. (2) Subpoena alleged violators and witnesses to hearings. (3) Subpoena evidence. ( 4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (d) The special magistrate may impose fines and penalties to cover all costs incurred by the city in enforcing its codes. Criteria that the special magistrate may consider include, but is not limited to, the following: 00918792-1 (1) As to Sections 4-10 and 4-11 of the Code of Ordinances: (2) -f±j-a. The gravity of the incident giving rise to the dangerous dog declaration. ~b. Any previous animal control violations. -f63-c. Any actions taken by the dog owner to prevent or correct aggressive behavior. f41d. The complexity and resources required to complete the investigation. -f&je. The cost and outcome of the hearing. As to Section 4-16 of the Code of Ordinances: 6 Amended Item 7C February 26, 2018 DRAFT 2/8/2018 a. The gravity of the incident giving rise to the allege violation(s). b. Any previous sales of dogs or cats in violation of Section 4-16. c. Any actions taken by the violator to prevent or correct the alleged violation(s). d. The complexity and resources required to complete the investigation. e. The cost and outcome of the hearing. SECTION 4. Conflict All ordinances previously adopted by the City and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 5. 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. SECTION 6. Effective Date. This ordinance shall take effect immediately upon its final passage and adoption. 00918792-1 7 Amended Item 7C February 26, 2018 DRAFT 2/8/2018 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 00918792-1 8 Amended Item 7C February 26, 2018 AGENDA ITEM: SUBMITTED BY: DAT E: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT WA IV18-0 002 Public Hearing Requ es t for a wa iver as pe rm itte d by Sec ti o n 17-52 to wa ive th e pr ov ision that ex istin g nonco nformin g frees tandin g signs mu st be made co nfo rmin g whe n illumination is in c reased as required by Section 17 -Sl(b); and when a c han ge is ma de to 25 percent o r more of th e s ign di sp lay a rea as required by Section 17-Sl(d); and to inc rease th e max imum w idth of a freestandin g s ign fr om 12 feet as requ ire d by Section 17-29(c)(l) t o 13 fee t; a nd to inc rease the max imum heig ht from 8 fee t as required by Section 17-29(c)(l) to 24 fee t; a ll to a ll ow t he modifi cati on of an ex is tin g nonconfo rm ing fi·eest a nd ing sig n d ue to hei gh t and locati on with in th e Co mme rc ia l Ge ne ral zo nin g d istri ct at 1089 A tl a nti c Boul eva rd. Shane Corb in , Co mmunity Develop ment Direc tor ~ Fe bru ary 13, 20 1 8 BA CKGROUND: Th e ap pli ca nt is 1\sh Propert ies, th e cmTent owne rs a nd operators of th e mini storage bu siness. The appli cant p roposes to remove 8-ft from th e top of th e ex is ting nonco nfo rming pylon sign and repl ace it wi th a 7-ft. sign. T he fin al height of th e pylon sign will be 24-ft., which redu ces th e ex is tin g s ign by 1-ft. in h eight. The appli ca nt fee ls the 24-tt hi gh sign is necessary to overco me visibilit y iss ues caused by the Atl an ti c Bo ul eva rd overpass at May port Road whic h obsc ures the sign. Also, th e propcriy si ts at th e base of th e overpass , mak in g the lin e or sight co nsiderabl y hig her t han th e str eet level for veh icles travel ing eas t on th e overp ass. The app li ca nts beli eve a 24-ft hi gh sign wo ul d br ing the lin e of s ight up to a mo re a ppropriate level. A wa ll sign was recen tl y app roved to be located o n th e sout h s id e of the three story storage buil di ng in t he bl ank wall space of the thi rd floo r. The ex istin g sign is no nco nfo rmin g d ue to height, width and location. T he max im um heigh t all owed for a frees tandi ng si gn on thi s property is 10 fee t tall. T he ex isting s ign is 25 fee t ta ll and th e a ppli ca nt is proposing a 24 foo t tall sign. T he max imum w idth of a s ign. is 12 fee t w id e . The exis tin g sign is 14 feet w id e a nd th e ap plic a nt is propos in g a 13 f oot wid e sign. The minjmum se tbac k fi·o m a pr ope rl y line is 10 feet. T he base o f th e exis tin g sign is abo ut 6 fee t from the propert y lin e wi th por ti ons ex tendin g beyo nd the base . T her e is n o p ropose d c hange to th e base of th e su·uctu re, however, th e sigt1 wi ll be 6 inch es futihcr f ro m t he property lin e. BUDGET: RE COMM ENDATION: ATT AC HM ENTS: None To cons ide r wa ive r W AT V 18-0002 W ATV 18-0002 applica tion 1H REVI EWED llY CITY MANA GE R: -..L~--./_4~----,~------------ Agenda Item 8A February 26, 2018 ITA.TUlOI''f WAfl.ftAJtl ~-.tlO (CORPORATE) THIS INJ?ENTURE, Made this 27th day or March , A. D. 19 81 BETWEEN ATLANTIC BEACH HINI _STORAGE, INC. a ·corpor~tion organized and existing under the laws or the State ol Flor:i,da of the Co~nty of Duval 1 State of Florida , pnrty of the first part, and ASHLAND INVESTHENTS, INC., a Florida corporation, 629 Atlantic Boule~ard, Atlantic Beach, Florida 32233, o! the Co~nty o! Duval 1 State of Florida , party of the second parl, . WJTIIIESSETH: that the said party of the first part, for and In oonsiderati(•n of the sum or TE~ arid N0/1 00 -----------------------------------------------Bollars, to ~ t , In hand paid by the said pnrt y of the second part, the reeelpt whereof Is hereby acknowjeqged, has granted, bargained and sold to the said part y of the second part, ~ t;s successorS X~~ and assigns forever, the following described land, $ltuate, lying and being in t)le County of Duval , State of Florida, to wit: ·See Exhibit A hereto attached. Jhls Instrument was prepared by! HARRY G. KINCAID KliiGHT, KINCAID, POUCIIER & HARRIS 1030 American Her)tage Building Jacksonville, Floi.ida 32202 And the s~id party of the first part does hereby fully warrant the title to said land, and will defend the same aga!h.st the lawful claims of all persons whomsoever. In w1Jness Whereof, the said party of the first part has caused this instrument to be executed in its name by its President and caused its Corporate Seal1\lM~}~)0~X}{M~~o be hereto affixed the day -ani! year first above written. i J (CORPoRATE SEAL) By: ------;--------------------------------------- . Its Secretary + an~ Sealed In Our P~ese.nce· ±~~-crl(<.L~.c~~-·~-~----------~~~~~;,:-' ______ -------- STATE OF, FilQR.IDR ) COUNTY OF DUVAL · ) ATLANTIC BEACH MINI By: ------Mik~--1\sh:------------------------- Its President Before me \p~rsonally appeared _________ _M!_I$!'!.~9.!1 ______________ »~----------------~----------------- : the --------Pr.:!sldent of3~'!'l!~J:I.T..J;~_J.l!!!.¥~lLMU1J .... R.T.QM..GI4 .• INC ~· a corporation under the laws of the State of Flor~ua , to rQe well known to be the lndivldu,.l. and .ofr~cer de~c~lbed in and who executed the !oregolng Instrument and ne acknowledged the execution thereof to ben~s own free act and deed as such officer thereunto duly authorized; and that the official seal of said corporationj is duly affixed thereto, and the said conveyance Is the act and deed of said corporation. WITNESS my hand nnd official seal this •• ?.l:t.h day of -----!1~XP1L ... --------------------• 19 ... 8.1.., Jacksonville . at --------~---------------------------1 County and_ St~aloresn1d. _/? ~ . ' ~StP~u~~-!<ir~ihe~~~1~e"'Aiol7;;;,;ld~ MyiCommlssion expires: llr.tuy Pllhlic, S14t..l ol flcr.l4 6t lul)e My Cnmmiuion b;>in'.l BoY. 16, ri!!2 lk.lJ•6 h ,.,..&11c..l lm • ~·~llltl c .... ll'lpi'IQf Agenda Item 8A February 26, 2018 AGENDA ITEM : SUBMITT.ILD BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT WATV18-0003 Public Hearing Request for a waiver as permitted by Section 17 -52 to waive th e provision that existing nonconforming frees tanding signs mu st be made conforming when a change is made to 25 percent or more of the s ign di s play area as required by Section 17-Sl~d); and when replacement is required as resu lt of art acc iden tal or weather-related act as required by Section 17-Sl(c); and to increase the maximum wi dth of a freestanding s ign fi·om 12 feet as l'equired by Section t 7- 29(c)(l) to 15 feet 8 inches; and to incre ase tbe maximum height fmm 8 fee t as required by Section 17-29(c)(1) to 33 feet 8 inches; all to all ow the modification of an existing nonconforming free standing sign due to height and location within the Co mmercial General zoning di strict at 1500 Maypo t1 Road. Shane Corb in , Co mmunit y Development Director @ February 13 , 20 18 BACKGROUND: The applicant is Star Rea leo LLC. on beha lf of the Hardees lo ca ted at 1500 Mayport Road . The app li cant is requ es tin g to replace the s ign face of a n onconfonning pylon sign that was damaged during Hw·ticane Irma. Tbe ex isting sig n is nonconforming du e to height, width and location . The maximum height allowed for a free sta ndin g sign on this property i s 8 feet ta ll. The ex isting sign i s 33 feet 8 inches tall. The maximum width of a sign l.s 12 feet wide. The existing s ign is 15 feet 8 inches wide. There is no proposed change to the base of the s tru cture. The applicant's request for a waiver is permitted by Section 17 -52 to wa iv e the provision that ex isting nonconJbrming freestanding s ign s mu st be mad e conforming when a change is mad e to 25 percent or more of th e sign disp lay area as req uired by Section 17-Sl(d); and when replacement is required as result of an acc id ental or weather-related act as required by Section 17-Sl(c); and to increase th e maximum wi dth o f a .l}eestanding sign from 12 feet as required by Section l7-29(c)(l) to 15 feet 8 inches ; and to in crease th e maximum height from 8 feet as required by Section 17- 29(c)(l) to 33 feet 8 inches; all to a llow the modification of a n exist ing nonconforming fr ees tanding sign due to height and location within t he Co mm ercial General zo nin g district at 1500 Mayport :Road . BUDGET: None RECOMMENDATION: To col1Side rwaiver WAIV18-0003 ATTACHMENTS: WAIV18-0003 application REVIEWED BY CITY MANAGER: __ <h_,._ __ JL:f __ · --+----------- Agenda Item 8B February 26, 2018 Supplemental Information for Application for Waiver from Chapter 17, Signs and Advertising Structures The following is intended to supplement the information provided in the Application for Waiver from Chapter 17, Signs and Advertising Structures, dated January 31, 2018 and submitted by Star Realco LLC, a Florida limited liability company, in regards to the improved real property located at 1500 Mayport Road, Atlantic Beach, Florida. 1. A copy of the vesting deed for the subject property is attached hereto as Appendix 1. 2. A survey depicting the location of the subject sign is attached hereto as Appendix 2. The base for the subject sign is approximately 3.0 linear feet from the boundary of the subject property and approximately 12linear feet from the edge of pavement for Mayport Road (State Road 560), as shown on the survey. As noted in the Application, the sign is approximately 35 feet in height. 3. The Property contains approximately 160.80 linear feet of frontage along Mayport Road (State Road 560), as shown on the survey. The building located upon the property has approximately 40.95 linear feet of frontage along Mayport Road (State Road 560) as shown on the survey. 4. The Waiver is being requested to allow the Applicant to replace the existing sign panels which have been damaged. The sign structure itself is sound and the only casualty incurred was to the individual sign panels. But for the casualty event, the Applicant could have routinely replaced the panels without issue. Prior to the casualty event, the subject sign as an existing non-conforming sign under Chapter 17 of the City's Code of Ordinances. Section 17-51 requires existing non-conforming signs to be made conforming when any of the following changes are made: a. Any change to the structural suppmts or structural materials, including temporary relocation associated with routine maintenance of a prope1ty. b. Any change which increases the illumination. c. Any change which increases the height of a sign. d. Any change, which alters the material used for the display area or increases the face area by more than twenty-five (25) percent. e. Any replacement required as the result of an accidental act or a weather-related act. f. Any replacement of an abandoned sign. g. Any change necessary for compliance with Florida Building Code requirements. With respect to the foregoing standards/conditions: i. No change to the structure supports or structure materials, including tempora1y relocation associated with routine maintenance of the property will be made. The sign base, pole and cabinet will remain in exactly the same condition as currently exists. Agenda Item 8B February 26, 2018 ii. No change which increases the illumination ofthe sign will be made. Only the existing bulbs will be replaced, with none being added nor any change in the illumination type being made. iii. No change in the height of the signed will be made. The sign will remain exactly the same height as currently exists. iv. No change in the material used for the display area will be made and no change in the face area will occur. The replacement panels will be identical to those that existed prior to the casualty event. v. The sign structure is not being replaced as a result of a weather-related act, only the sign panels are proposed to be replaced. vi. The sie:n has not been abandoned. The sign is and will remain an integral part of the ongoing operations of the Hardee's located thereon. vii. The proposed replacement of the sign panels is not a change necessary for compliance with Florida Building Code Requirements. As set forth above, the sole purpose of the request is to replace the damaged sign panels, with no other structural changes associated therewith. Upon replacement of the sign panels, the sign would remain identical, in all respects, to the pre-casualty condition. Accordingly, the application of Section 17-51 of the City's Code of Ordinances is not proper or warranted. Attached as Appendix 3 is a copy of a quotation for the work necessary to restore the damage to the subject sign. As noted therein, the only parts being replaced are the sign panels for the main sign and the reader board, associated hinged retainers and 12 bulbs. No additions, cabinet modifications or expansion of the existing sign and sign cabinet are proposed. As set forth therein, the estimated cost of replacing the sign panels and related work is $9,761.08 (inclusive of permitting fees, pe1mit acquisition fees, labor and freight charges. The actual cost of the panels, the hinged retainers and the 12 bulbs is $4,991.70, or,:aAlitt)& e;ver:¢i0% of the total cost. The foregoing demonstrates the diminimis nature of the request. The preliminary quote obtained for the demolition and replacement of the sign with a monument sign complying, in all respects with Chapter 17 of the City's Code of Ordinances, which is estimated to be in excess of$21,000.00, or 215% of the cost of performing the repairs. Clearly the replacement of the sign would cause the Applicant to incur an undue financial hardship;when the cost of merely replacing the panels pales in comparison with the replacement cost. In considering the standards established by Section 17-51 of the City's Code of Ordinances, it is clear that the intent is to prohibit an expansion or enlargement of a non-conforming use, which is the general standard utilized in most non-conforming sign ordinances. The granting of the requested waiver will not result in a prohibited or otherwise unlawful sign but will allow the continued use of what has been a legally non-conforming sign under the City's Code of Ordinances:· Agenda Item 8B February 26, 2018