The URL can be used to link to this page

1-12-15 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING January 12, 2015 -6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. B. c. Approve the minutes of the Commission Meeting ofDecember 8, 2014. Approve the minutes of the Commission Meeting ofNovember 24,2014. Approve the minutes of the Commission Workshop ofNovember 24,2014. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Public Hearing on request for use by exception (UBEX -14-001 00045) to allow welding, metal fabrication, and sheet metal works in the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. B. Consideration of Opening an Access to Hanna Park from Seminole Road. C. Extend the expired terms on the Community Development Board by 90 days for members Kelly Elmore, A. Brea Paul, Harleston Parkes and Sylvia Simmons whose terms expire December 31, 2014. (Commissioner Hill) 4. Consent Agenda ALL MA TIERS 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 Building Department Monthly Activity Report and the Financial Report for November 2014. B. Declare list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. C. Authorize the City Manager to sign the Amendment to the Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 15-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 31 INCH DIAMETER LIVE OAK TREE AT 391 81h STREET AS A HERITAGE TREE. 7. Action on Ordinances A. Ordinance No. 90-15-223, Public Hearing-Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND 1 CONDITIONS OF LOTS EXTENDING BETWEEN BEACH AVENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Beaches Town Center Wayfinding Signage. B. Seminole Road Improvements. C. Request from Fletcher High Band Boosters. D. Atlantic Beach Country Club-Acceptance of utilities for Ownership and Maintenance. E. Release and Settlement Agreement between City of Atlantic Beach and City of Jacksonville resolving all existing disputes between them relating to tipping fees. F. Ordinance No. 20-15-129 amending the Operating Budget for the City of Atlantic Beach, Florida for fiscal year beginning October 1, 2014 and ending September 30, 2015, and providing an effective date. 9. City Manager A. City Manager's Report. • 90-Day Calendar (January through March 2015) 10. Reports and/or requests from City Commissioners and City Attorney 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 ofthe 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 5:00PM, Friday, January 9, 2015. 2 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know MINUTES REGULAR CITY COMMISSION MEETING December 8, 2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #1A JANUARY 12, 2015 Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes ofthe Commission Workshop Meeting ofNovember 19,2014. Mayor Woods asked if there were any conections to the above minutes. There were no conections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods thanked everyone for coming, stating this is a very special event where we get to present some Life Saving Awards to a few of our officers. She stated the City of Atlantic Beach Police Department recognizes department members for their exceptional performance in the area of preservation of human life and while an officer's daily actions may ultimately result in increased safety to the public, there are some circumstances when officers encounter situations where their actions have an undeniable and direct effect to save a life. She stated tonight Commander Vic Gualillo is going to present a few awards to some officers. A. Presentation of Life Saving Award to Police Officers Jason Fissel and Stephen Davis. Commander Vic Gualillo explained the details of a situation that occUlTed on October 6, 2014 and presented the Life Saving Award to Officers Fissel and Davis for their very quick and decisive action to save a human life. He stated, along with the Award, these officers will be able to wear a commendation bar on their uniforms, which will be presented to them at a later date. B. Presentation of Life Saving Award to Police Officers Tricia Anderson, Carl Johnston, Justin Veal and Sergeant Chris Pegram. Commander Vic Gualillo explained the details of a situation that occuned on November 10, 2014 and presented the life saving award to Officers Anderson, Johnston, Veal and Sgt. Pegram for their life saving actions and wonderful things they did that day to protect that citizen. He stated they will also be given the commendation bar to wear on their uniforms. Commander Gualillo stated it is easy to say these officers did the right thing, but asked everyone to consider what impact might have happened if things didn't go quite so well and the comments that might have come out about their actions. He stated our society expects and their profession demands that police officers step into those difficult situations and make those decisions and take bold actions to help protect the public. He December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM #1A JANUARY 12, 2015 Page2 asked how much easier would it have been, and even safer for them, to have just sat back and done nothing at all and just talk. He stated the fact that these officers took the opportunity to capitalize in those situations when they saw an opening is quite a bold move, but we require that of them. He stated those are difficult decisions they have to make at the spur of the moment and he is quite thankful that they have the ability and intestinal f01iitude to do that. He stated these officers exhibited exceptional professionalism, bravery and teamwork while working together to save the lives of persons in great distress. He stated they want to thank them for their service and for their bold actions in taking the initiative. Mayor Woods opened the Comiesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Judith Leroux, 1745 Selva Marina Drive, spoke in supp01i of opening an access on Seminole Road to Hanna Park. Larry Walshaw, 90 Ocean Breeze Drive, spoke in opposition to opening an access on Seminole Road to Hanna Park. Kirk Hansen, 2393 Ocean Breeze Court, spoke in opposition to opening an access on Seminole Road to Hanna Parle Michael McGahan, 1301 1st St. S., Jacksonville Beach, spoke in support of opening an access on Seminole Road to Hanna Park. Tom Gibbon, 345 4th Street, spoke in support of opening an access on Seminole Road to Hanna Park. Karl Hankin, 717 Valley Forge Rd. N., Neptune Beach, spoke in support of opening an access on Seminole Road to Hanna Parle Saswata Roy, 90 Ocean Blvd./140 gth St., spoke in support of opening an access on Seminole Road to Hanna Park. Rebekah Hope, 515 Selva Lakes Circle, spoke in support of opening an access on Seminole Road to Hanna Park. Chris Jorgensen, 92 W. 3rd St., spoke in opposition to parking spaces on Seminole Road between City Hall and Atlantic Blvd. Jerry Johnson, 2322 Beachcomber Trail, spoke in opposition to opening an access on Seminole Road to Hanna Park. Michael Hosto, 2329 Barefoot Trace, spoke in support of opening an access on Seminole Road to Hanna Park. Richard Vinas, 2215 Laughing Gull Circle, spoke in support of opening an access on Seminole Road to Hanna Parle Bonnie Hansen, 2393 Ocean Breeze Court, spoke in opposition to opening an access on Seminole Road to Hanna Park. December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM #1A JANUARY 12, 2015 Page3 Tom Owen, 2225 Oceanwalk Dr. W., spoke in support of opening an access on Seminole Road to Hanna Park. Lisa Elwell, 125 Bouganvilla Dr., spoke in support of opening an access on Seminole Road to Hanna Park. John November, 647 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Parle. Eric Sherline, 1774 Selva Marina Drive, spoke in support of opening an access on Seminole Road to Hanna Park. Annabelle Usher, 2887 Jacob Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. Rich Reichler, 2025 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. Jim Steele, 1874 Beach Avenue, spoke in support of opening an access on Seminole Road to Hanna Park. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. B. Open Access to Hanna Park from Seminole Road. City Manager Nelson VanLiere summarized his staff report. He stated he is looking for direction from the Commission as to whether to pursue this or not. Commissioner Daugherty explained the Safe Routes to School Program that will fund a bike path that will be put in along Seminole Road from Oceanwalk down through Atlantic Beach Elementary. He stated he appreciates Mr. VanLiere bringing this forward; it shows a lot of initiative and he is 100% in support. Commissioner Hill expressed concern about the transients in the campground, but suggested a video camera at the gate as a solution. He stated he is on the fence; there are pros and cons to this. Commissioner Mark stated she looks at what can enhance the community and the quality of life. As a disclaimer, she stated her other part-time job is Executive Director of the Timuquan Trail Parks Foundation and their mission is to create access for the community to our incredible parks system, of which Hanna Park is one of them. She stated she sees opening the access as a great benefit to the community. She stated she is in full support of this and she is happy to meet with anyone who has any concerns. Commissioner Beckenbach stated he understands there are concerns but he has seen what that park has done for himself and his family. He stated he believes opening this would be wonderful for the community. He stated Oceanwalk made a recommendation for an Ad Hoc Committee to be put together to consider the plusses and minuses and he would have no problem with putting together some kind of Ad Hoc Committee to move this forward a little bit more. December 8, 2014 REGULAR COMMISSION MEETING Discussion ensued. AGENDA ITEM #1A JANUARY 12, 2015 Page 4 Commissioner Hill asked the City Manager if they had discussed how one would pay to enter the gate. Mr. VanLiere stated when he spoke to one of the individuals in Jacksonville about it, he was concerned that they do charge the $3 fee at the front gate for pedestrians and bikers and asked how many people came through the gate. He stated he was told that for six months of the year there were 1 00/month and the other six months there were 50/month. He stated at $3 that was $2700 for the entire revenue stream from this. He stated they suggested we do a pilot; they would monitor the revenues at the front gate to see if they took a hit. He stated for the possibility of having a gate with no charge; they only lose $2700. Commissioner Daugherty stated he wanted to confirm he heard it right that Jacksonville is open to doing a pilot program with us. Mr. VanLiere stated the individual he spoke with thinks it is a great idea and they would like to work with us on trying to make that happen. He stated this individual is not an elected person and doesn't have the final say, but all we can do is propose. Commissioner Daugherty stated he doesn't want the Commission to talk about this for the next 3-4 months and take another 6-7 months for it to get done; he would really like to see the pilot program get started in the spring. He asked what is the best way to get the ball rolling on this. Mr. Van Liere stated he believes they would want to get approval from Jacksonville before they go there. He stated they should have a discussion about exactly how they are going to do this, i.e. whether it will be a pass gate, a gate that gets closed, etc. He stated they need to have that conversation with Jacksonville now that there is a consensus, he assumes, to move forward. He stated he can put it back on the agenda at the next meeting for unfinished business to request staff to move forward, exploring the possibilities of working this out with Jacksonville. Mayor Woods stated she would like to comment. She stated she has some areas of concern that haven't come up yet that she wants to discuss. She stated her biggest problem with this is our concept of Atlantic Beach being a cul-de-sac city. She stated cul-de-sacs are very private; people move there specifically for that because they are safe, you know your neighbors, etc. She stated Atlantic Beach is a cul-de-sac town. She stated we are a private, residential neighborhood and when you start messing with that, there are intangibles that you can't put your finger on, but they are gone. She stated she wanted to make it clear that giving up a cul-de-sac community is a big give. She stated Seminole Road from Atlantic Beach to Hanna Park has a problem with bicycle safety and we are magnifying that problem by opening the gate. She stated they are looking at improving Seminole Road from Atlantic Blvd. to the five points. She stated if they are really going to open up Hanna Park, the concept of how they develop the entire roadway needs to be looked at. She stated they need to put in some traffic calming concepts that will also help with the bicycles. She stated she believes to redesign the entire road and assure it is safe for the all the increased bicycles will be a huge cost to the City. She stated another issue is our Comp Plan which calls for them to protect the residential character of Atlantic Beach. She stated she believes people have a reasonable expectation that if you live in a neighborhood then you experience neighborhood traffic; not regional or national traffic, even if it is only bicycle traffic. She stated she isn't saying she isn't going to consider it but she is saying there is a whole lot more to it than just the access to the beach. She stated they will continue the conversation and move forward. She asked that the citizens keep the emails coming; they do read them and listen to what they have to say. She stated they will have this on the next agenda for further discussion. Mayor Woods recessed the meeting at 8:14p.m.; she reconvened the meeting at 8:21p.m. 3. Unfinished Business from Previous Meetings A. PLAT 14-00100039 (1251 Selva Marina Circle) Mayor Woods stated this is a land use issue and she opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A JANUARY 12, 2015 PageS Building and Zoning Director Jeremy Hubsch gave a slide presentation, stating they updated the staff report adding the condition to limit the driveway widths to 12 feet for the front 20 feet of the property and from there on limit the driveway width to 24 feet on the remainder of property, which would limit the impervious surface within the project. Motion: Approve Plat 14-00100039 (1251 Selva Marina Circle), with the conditions that the existing structure on site is demolished or altered within 120 days of approval; limit the driveway widths to 12 feet through the right of way and within 20 feet of the property line that is adjacent to cul-de-sac; limit the driveway width to 24 feet on the remainder of property. Moved by Mark, Seconded by Daugherty Votes: Aye: 3-Daugherty, Mark, Woods Nay: 2-Beckenbach, Hill MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for October 2014. B. Authorize Mayor Carolyn Woods to sign any required paperwork for the Justice Assistance Grant on behalf of the City. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. December 8, 2014 REGULAR COMMISSION MEETING 8. Miscellaneous Business (Discussion only) AGENDA ITEM #1A JANUARY 12, 2015 Page 6 A. Public Hearing on request for use-by-exception (UBEX-14-00100045) to allow welding, metal fabrication, and sheet metal works in the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. Mr. Hubsch explained the use-by-exception showing slides of the zoning map and location, project information, light industrial and warehousing zoning district requirements, review of application for use-by- exception considerations, and fmdings of fact for approval. He stated the Community Development Board unanimously recommended approval with the condition that they would limit the hours of operation from 7:00 a.m. to 6:00 p.m., Monday -Saturday so as to not negatively impact the neighbors from a noise perspective. He further stated that Public Utilities Director Donna Kaluzniak and Public Works Director Doug Layton stated they would also like a condition considered to have no industrial discharge. Mr. Hubsch stated he would also want a condition included that there would be no outside usage of welding and metal fabrication. Mayor Woods opened the Public Hearing. Feriz Delkic, owner of property at 325 Mealy Drive, explained the background of his business stating it involves consulting, manufacturing and application. He stated they do not discharge anything and are friendly to the EPA program. He stated he will be giving the company to Zanin Basic in the future. He asked the Commission to continue to allow him to operate his business at that location. Chris Jorgensen, 92 W. 3rd St., stated, as a resident in the general area, he sees this as viable and beneficial. No one else from the audience spoke so the Mayor closed the Public Hearing. At the request of Commissioner Beckenbach, Mr. Hubsch explained why there was a need for a use-by- exception. Discussion ensued. City Attorney Komando further explained every zoning category has permitted uses and then they have uses- by-exception so although it may not be exactly what the intended zoning area is for, it is something that is still acceptable but it has to come before the Commission if there are any conditions, exceptions, etc. Mr. Delkic answered questions from the Commission. Mr. Hubsch clarified there will be a change of ownership and they will be adding the repair of roll-off dumpsters. Discussion ensued. Addressing a concern of Commissioner Daugherty regarding noise from the metal fabrication, Mr. Delkic stated the building is well insulated with the proper noise level. It was the consensus of the Commission to move this item forward to the next meeting. B. Open Access to Hanna Park from Seminole Road. This item was taken out of sequence and acted on earlier in the meeting. C. Upgrade Chamber's Camera System from Single to Multiple Cameras. December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 12, 2015 Page 7 IT Director Keith Randich summarized his staff report explaining the current fixed camera system in use and the proposed multi-camera system. He showed the multi-camera system being used in Clay County, Florida. He stated what staff is proposing for the multi-camera system would be to have the person at Swagit switch the cameras as the meeting progresses. He stated to go to a multi-camera system would cost $23,000 plus $130/meeting for remote editing. He answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to not move this item forward to the next meeting. 9. City Manager A. City Manager's Repmt. • 90-Day Calendar (December 2014-February 2015) Mr. Van Liere stated the design is complete for Francis Street and as soon as they get approval from Jacksonville it will be put out to bid. He stated in order to meet Jacksonville's CDBG deadline, the bids will be opened on January 9 and staff would like to have it approved by the Commission on January 12. He stated Mr. Layton will have it in the agenda packet with all the details but they won't know who the low bidder is until the bids are evaluated on January 9. Mayor Woods asked the City Attorney if this would work for public notice. Mr. Komando stated the agenda can be updated before the time of the meeting; it is the Commission's own policy where they have everything on the agendas twice. He stated it isn't a legal prohibition; it is a practice they follow. Mr. Van Liere stated this is a follow-up item; it is just the matter of which vendor they will award the job to. It was consensus of the Commission to put this on the agenda as described. Commissioner Beckenbach clarified, for the record, that they are planning on putting this out on the agenda and asked that Mr. Van Liere explain exactly what they are going to be doing. Mr. Van Liere stated the project is for Donner to Dutton to reconstruct the road, put in a water line, sidewalks and fix the drainage problem. Commissioner Hill asked if there is a way to put infrastructure in to follow up with lighting when available. Mr. Van Liere stated that was not patt of the scope of this project with the design. Discussion ensued. Commissioner Hill stated they could just put the conduit in the ground and run the cable later, at least they wouldn't dig up what they have done. Mayor Woods stated she totally agreed with that and asked Mr. VanLiere to check into that and get back to the Commission. Mr. VanLiere stated there may already be electrical running down that street; it may just be a matter of where they want to poles, or that electricity needs to be run, he isn't sure. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Komando • Needs to talk with each of the Commissioners separately after the meeting for 2 minutes. Commissioner Daugherty • Wished everyone Merry Christmas and Happy New Year. City Clerk Bartle • Wished everyone a Merry Christmas. Commissioner Beckenbach • Wants to get petmission from the Commission to be able to speak to the City Attorney regarding the Comp Plan, Codes and the variance process. Mr. Komando stated both in and outside of the public December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM #1A JANUARY 12, 2015 Page 8 meetings there have been a number of comments as to whether our variance process is restrictive enough and whether the Code accomplishes the intentions, which is what Commissioner Beckenbach approached him about wanting to discuss. Mayor Woods stated before they get too far into it, she would like to have a workshop so they are all moving in the same direction on this. • Wished all a Merry Christmas and Happy Holidays. Commissioner Mark • Regarding Commissioner Beckenbach's comment about the Comp Plan review, that is something that needs to be done but it is a monumental task. Mr. Komando stated some of the comments were whether or not our land development regulations support the goals, policies and objectives of the Comp Plan, so they are really going to be looking more at the ordinances, not the actual Comp Plan. He stated the question put to him was, could they make our ordinances more conformed to our Comp Plan. • Addressed Mayor Woods' comment about living in a cul-de-sac, stating Hanna Park is not like Central Park. She stated it is not as though they are opening it up to an open space of public greenspace. She stated she understands her concerns and it is true that it is part of the East Coast Greenway Trail but she doesn't believe they anticipate the kind oftraffic she was concerned about as far as coming in and out of that particular part of the East Coast Greenway. She stated she strongly believes the opening of Hanna Park will really be utilized mainly by our beaches residents. She stated the way certain things are phrased can instill more fear unnecessarily. She wants them to consider all of the concerns that have been voiced and all they have discussed but she hopes they look more at the positive impacts than the potential negative impacts. She stated she will request at some point that they bring up considering closing the end of Sandpiper at Donner Rd. and turning that into a true cul- de-sac. She stated if they are talking about keeping Atlantic Beach a cul-de-sac community that it a starting point for her. • Happy Holidays to everyone and if they are traveling, safe travels to you all. Commissioner Hill • Asked for consensus to put on the next available oppmiunity for a vote to extend the Community Development Board appointments for 90 days. He stated they will not reach enough depth in their replacement to fill them before they actually expire so they need to do a very short extension. Commissioner Daugherty asked if they could do that at this meeting. Mr. Komando stated they had a conversation about that earlier and they don't want there to be a perception that something is happening behind closed doors and to make sure the public has an opportunity to comment. City Clerk stated they expire December 31 and there are four vacancies. Commissioner Hill stated there are four who sit and a handful who have shown interest, but they won't get the process done before the lapse occurs. • Addressed another pedestrian accident on Maypmi Road and stated he would like to expedite the conversation about pedestrian safety on Mayport Road. • Stated he was hoping to see some broken ground on the police station and would like to see where they are on that. He asked that the City Manager put this on the next meeting to discuss and take action. • Stated he wants to have a conversation regarding the light industrial area. Mayor Woods stated it should be a workshop and suggested before the January 12 meeting. It was consensus of the Commission to do so. • Supports Commissioner Beckenbach's review of the process for the land use in general. He stated they are faced with a new form of pressure in the desire to maximize lots and it is only going to get December 8, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 12, 2015 Page 9 worse and it is not healthy for the community. He stated he wants to make sure all the possible legal and effective stopgaps are enforced consistently. Mr. VanLiere asked what they want staff to prepare for the workshop on January 12. Commissioner Hill stated they would just need a street map; he doesn't need anything special. Mayor Woods asked that Mr. Hubsch have an outline of the actual process and what the Comp Plan says about that area. Commissioner Hill stated some of the complaints are traffic related and large vehicle related and there are some pieces of property we own that are dirt and can resolve some of that; that kind of mindset, he doesn't want to go into details. Mr. Van Liere stated the status of the police station is that Mr. Layton and Mr. Komando have been working on a contract and he believes they are just waiting on the contractor to sign it. Mr. Komando stated that was conect. Mr. VanLiere stated they can start as soon as we sign it. Mr. Komando stated there were a number of issues with the contract, it wasn't simple. Mayor Woods • Stated every time the Commission gets together they discuss preserving our quality of life. She stated she knows everyone wants to get into Hanna Park, and she wants access there as much as everyone else, but it is going to change Atlantic Beach when/if they open that up. • Wished everyone happy holidays. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:40p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer MINUTES REGULAR CITY COMMISSION MEETING November 24,2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daughe1ty Commissioner Jimmy Hill Commissioner Maria Mark Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Manager Nelson Van Liere City Attomey Richard Komando City Clerk Donna L. Bmtle AGENDA ITEM# 1B JANUARY 12,2015 Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting ofNovember 10, 2014. Mayor Woods explained she had asked the City Clerk's office to clarify more about what had gone on with the Kangaroo sign and the Fleet Landing sign so they added more of that conversation, specifically pointing out that these permits that were issued that don't meet our Code were issued by the past administration and not the current administration. She stated she is asking that this rewritten paragraph be added to the minutes on page 7 as in the copy the City Clerk distributed to the Commission. Motion: Approve the minutes as amended adding the proposed language on page 7 as distributed tonight. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W 3rd St., spoke in opposition to the CRA, stating the projects shown m·e projects that can be handled by the City without the need to force another government agency on the area and the businesses in the area. Richard Reichler, 2025 Beach Ave., spoke in opposition to parking along Seminole Road. He suggested spending the $250,000 to put the electrical lines underground from close to Atlantic Blvd. up to City Hall. Douglas Speed, 1207 Seminole Rd., stated he believes the Tree Ordinance should be brought back but it shouldn't cost a homeowner to remove a nuisance tree. He also stated some of the ordinances we have already aren't enforced. He stated they need to address some of the ordinances they currently have on the books along with maybe adding some that would be positive to the City. He fmther stated he wants to build a tennis court in his yard and would like to get the same setback for his fence of 5' -7' from the road as November 24,2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1B JANUARY 12, 2015 Page2 Atlantic Beach Country Club did for their tennis courts. He stated he doesn't understand who is giving the permissions to the Club on their plans. He also stated he doesn't like being penalized if he uses a dumpster company that is not on the City's list. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Appointment of Director ofPublic Safety/Police Chief. City Manager Nelson VanLiere reiterated that the selection committee unanimously selected Michael Deal to be the new Director of Public Safety/Police Chief. He stated if the Commission votes to approve the appointment, they will have a swearing-in ceremony on December 15, 2014 at 10:00 a.m. in the Chamber. Motion: Approve the appointment of J. Michael Deal as the new Director of Public Safety/Police Chief for the City of Atlantic Beach. Moved by Mark, Seconded by Daughe1ty Commissioner Hill asked if the Chief is required to live in the City. Mr. VanLiere stated he believes the requirements stated it is prefen·ed that he live in Atlantic Beach, but not required. Commissioner Hill asked if they established a distance. Mr. VanLiere stated there is a distance for take-home vehicles. Commissioner Hill asked if Mr. Deal is going to fall into that category. Mr. VanLiere stated Mr. Deal is looking at housing now and finding it extremely difficult to be in our City limits, both renting and for purchase. Commissioner Hill asked Commander Gualillo if the take home car distance is still enforced on the police department. Commander Gualillo stated the maximum distance is 15 miles, but there is a 5 mile radius for use off duty. Commissioner Hill asked that Mr. Van Liere have that conversation with Mr. Deal and see if he can fall within those same requirements. Mr. VanLiere stated he believes that if he agrees to take a take-home car then he would fall within the same parameters, although he doesn't have a contract with terms like that. Commissioner Hill asked what his response requirements are. Mayor Woods stated she is sure Mr. Deal is working very hard to get as close as he can to the City; she doesn't believe that is an issue. Mayor Woods reiterated Mr. Deal is scheduled to take office on December 15, and they will have the swearing in ceremony here in the Chamber, followed by coffee and donuts and a meet and greet if anyone in the community or staff wants to come in to meet him. Commissioner Hill asked what Mr. Deal's probation te1ms are. Mr. VanLiere stated typically employees are 6 months and he believes his evaluation period will be just like anyone else's. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda None. 5. Committee Reports A. Letter from Chairman Donald Wolfson, Charter Review Committee. November 24, 2014 REGULAR COMMISSION MEETING AGENDA ITEM # 1B JANUARY 12, 2015 Page3 City Attorney Rich Komando stated part of the Commission's charge to the Charter Review Committee was to provide a report six months after the first meeting date. He stated the report in the agenda packet indicates the Chmier Review Committee is making progress but they are asking for some additional time. He stated he, the City Manager, and the City Clerk sit in on those meetings to provide technical suppmi and as pmi of that he has been keeping track of the proposed revisions, which will ultimately come to the Commission for final review. He stated at the direction of the Commission they will prepare the Ordinance(s) that will be required to put the proposed changes on the ballot for referendum. He stated they are hoping to have their final report submitted by the end of February. Mr. Komando answered questions fi:om the Commission. Discussion ensued. Commissioner Mark asked if the Commission could stmi workshopping the items that have been voted on and approved by the Committee. Mr. Komando stated he doesn't know if the Committee is planning to go back to any pmiion of these items. Commissioner Mark asked Mr. Komando to discuss this at their next meeting and repmi back to the Commission so they could start scheduling the workshop on these items. Mr. Komando stated he will ask the Committee. Further discussion ensued. Mr. Komando stated there is always the ability that if the Commission finds another amendment they wish to see presented to the voters, they can do that; they aren't limited to whatever the Committee puts forward. Mayor Woods stated, on behalf of the Commission, she would like Mr. Komando to thank the Committee very much for all of their hard work and efforts and tell them that the Commission appreciates everything they are doing. She also asked him to ask the Committee if there is any way for them to get their final repmi to the Commission by February 1, that would be greatly appreciated and if they can get agreement on topics the Commission can be discussing between now and then. Mr. Komando stated he would find answers to that. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-14-223, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEY ARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Building and Zoning Director Jeremy Hubsch explained the verbiage he had in the Ordinance was not cmTect and he has given them an addendum with the conect verbiage for the Ordinance. He asked the City Attorney how they should proceed. Mr. Komando explained the change, stating what they now have conforms to the report. He stated to ensure the public has adequate time to review he is asking that it be placed back on first reading at the next meeting. Motion: Place Ordinance No. 90-14-223 back on agenda for first reading at the next meeting. Moved by Daugherty, Seconded by Mark Mr. Hubsch answered questions about setbacks fi:om the Commission. Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED November 24, 2014 REGULAR COMMISSION MEETING B. Ordinance No. 60-14-19, Public Hearing and Final Reading AGENDA ITEM# 1B JANUARY 12, 2015 Page 4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, ARTICLE IV, SECTION 17-51 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, TO EXTEND THE DATE FOR COMPLIANCE WITH SIGN REGULATIONS TO JUNE 1, 2015; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Hubsch explained this is to extend the sign code am01iization date to June 1, 2015. He stated the Community Development Board voted unanimously to recommend approving this ordinance. Mayor Woods opened the Public Hearing. Douglas Speed, 1207 Seminole Road, stated the Palm Coast area doesn't allow any large signs and it looks great. He stated whatever sign ordinance we currently have, we should make it even stricter. No one else from the audience spoke, so she closed the Public Hearing. Mr. Komando stated they should have a motion to read by title only before they actually read the ordinance. Motion: Read the Ordinance by title only. Moved by Hill, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods read the Ordinance by title. She asked if there was any discussion and then asked all in favor say aye; all opposed. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Mark asked, as a point of order, have they been doing this backwards all this time, because usually the ordinance is read and then they say move to approve ordinance as read by title. Mr. Komando stated they have been operating where it is presumed that it is read by title only; he is just asking for the formality of it. Commissioner Mark asked if that is what they should do with all ordinances going forward. Mr. Komando stated yes. City Clerk Bartle asked when they just voted did they have a new motion and a second before they voted to approve the ordinance. Mr. Komando stated yes. Ms. Bartle stated she must have missed that. Mr. Komando stated when you are moving to read it by title only it is moving to approve the ordinance. 8. Miscellaneous Business (Discussion only) A. PLAT 14-00100039. November 24, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1B JANUARY 12, 2015 PageS Building and Zoning Director Jeremy Hubsch summarized his staff report and gave the measurements of the driveway widths. He stated if they are concemed about driveway widths on the property, that could be a separate condition they could impose on it. He further stated other items they could incorporate into their decision making process could be consistency of the comprehensive plan as stated in goal A-1, which says the City shall manage growth and redevelopment in a manner which results in a pattem of land uses that encourages, creates and maintains a healthy and aesthetically pleasing built environment and maintains the City's distinct residential community character. Motion: Approve PLAT 14-00100039, 1251 Selva Marina Circle, with the condition that the existing structure on site is demolished or altered within 120 days of approval. Moved by Daugherty, Seconded by Mark Commissioner Hill stated he met the petitioner on site and they are charged with figuring out when they are going to try and maintain the character of the community and splitting lots does not do that when they require changes. He stated splitting lots when they fit our ordinance without changes would do that. He stated as much as he wants to do this to help the property owner, he will speak against it because it requires the Commission's action and it shouldn't require additional action; it should just be approved or not. Commissioner Beckenbach stated he agrees with Commissioner Hill. He stated in this particular case there is a variance requested for the driveway. He stated he is not looking to increase the density of the City. He stated he is not here to increase the number of houses on a particular lot that has already been platted and will continue to look at lots when they come in for variances to keep the growth and redevelopment in a manner to keep the City in a reasonable size. He stated he will vote against it. Commissioner Daugherty stated even with the lot split the lots are the same size as other adjoining houses in the area. He stated if this was on Beach A venue and they were trying to squeeze two houses on there, he would be in complete agreement with Commissioner Hill, but the situation here is where someone has a very large lot and it makes a lot of common sense to divide it. He stated it is in character with the neighborhood. He stated the only reason they need this is because of the shape of the lot. Mayor Woods stated what they are looking at is a neighborhood that used to have all lots that were that size, but it has been changed through the years. Discussion ensued. Mr. Hubsch stated this is not a variance but a replat. He stated they are requesting to move their building restriction line farther back to meet a code requirement, so it's not technically a variance. Commissioner Mark stated she doesn't see how the Commission can deny the property owner's rights if his request meets our codes. He is asking that the building restriction line be set back so it meets the 75' requirement. She stated she agrees with the Community Development Board in this matter. Mr. Hubsch stated the petitioner was here and wanted to speak. Peter Coalson, 1614 Coquina Place, addressed the Commission's concerns, stating a variance was granted for this change, although the Commission has the right to overtum it. He stated they aren't asking the Commission for a variance; it is simply that they were required, as part of that variance, to provide a new plat of the property which met the conditions prescribed by the Community Development Board. He stated it is his fim1 belief that the Board studied this and saw it as reasonable. He stated he strongly encourages them to follow the direction of the Community Development Board and agree to approve this plat. November 24,2014 REGULAR COMMISSION MEETING Discussion ensued. AGENDA ITEM # 1B JANUARY 12, 2015 Page6 Mayor Woods asked the City Clerk to read the motion, which she did. Mayor Woods stated, to Commissioner Mark's point, they are not voting on this; they are deciding whether to move it forward to vote on at the next meeting. Commissioner Mark stated that was conect. She added at the last meeting they said it was a consensus to move this to unfinished for the next Commission meeting with the condition of a maximum 15' driveway for each individual lot. Mayor Woods stated, as Mr. Hubsch explained, our Code does say that only half of the right-of-way space can be impervious and he also pointed out that they could use the semi-impervious pavers and cover the whole thing. She stated when they get to voting on this next week, she wants to be sure they are clear that, of that 26 feet, 13 feet of it can have any kind of paving in it and of that 34 feet, 17 feet can have any kind of paving in it. Mr. Hubsch stated the right-of-way is only about 2-3 feet from the pavement so if they are to do that they might want to establish 20-30 feet off of pavement. Mayor Woods asked what is the distance between the right-of-way and the building construction line, as proposed. Mr. Komando stated it is 50 feet. Mayor Woods stated she would like to see a minimum of 20 feet for the next meeting when they get around to voting on it. She stated they will have this condition and the condition of demolishing the structure in the recommendation. Mayor Woods stated they are voting whether to move this forward as unfinished business. City Clerk Bmile asked what they do with the motion they already made. Commissioner Daughe1iy and Commissioner Mark withdrew their motion. There was consensus of the Commission to move this to unfinished business at the next meeting. Mayor Woods stated the City Manager asked that she clarify that they have consenst1S with the driveway restrictions and the distance and the demolishing of the building, as well. It was the consensus of the Commission for agreement to those conditions. B. Tree Canopy Survey. Commissioner Mark gave some handouts to the Commission. She reported on the meeting Mr. Van Liere, Mr. Hubsch and she had with Charlie Marcus, Urban Forester with Legacy Arborist Services last week where they discussed the tree canopy survey. She explained the tree canopy analysis stating the proposal for that service would be $1,500. She stated Mr. Marcus also offered to review our cunent ordinance at no charge. She asked the City Manager to speak about the funding for the tree canopy study. Mr. VanLiere stated he could charge that $1,500 to the Tree Mitigation Fund if the Commission would give consensus. Discussion ensued. It was the consensus ofthe Commission to move forward with the survey. 9. City Manager A. City Manager's Report. • 90-Day Calendar (November 2014-January 2015) Mr. VanLiere stated the only item added to the calendar is the Town Hall Meeting on Saturday, January 10, at the Gail Baker Community Center. Also added was the swearing in ceremony on December 15 for the new Police Chief. 10. Reports and/or requests from City Commissioners and City Attorney A. Appointment of Commission member to the Board Member Review Committee Mayor Woods recommended that the Commission appoint Commissioner Hill to the Board Member Review Committee. November 24, 2014 REGULAR COMMISSION MEETING Motion: Appoint Commissioner Hill to the Board Member Review Committee. Moved by Woods, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Mark AGENDA ITEM# 1B JANUARY 12, 2015 Page 7 • Asked about the status of the moratorium on the boat parking ordinance on the west side of Mayport. Mayor Woods stated they left it in place with the guidance that if anyone could come up with a better solution they are welcome to bring it to the Commission. Commissioner Daugherty stated the moratorium has expired. Commissioner Daugherty • Wished everyone a happy Thanksgiving. Commissioner Beckenbach • Further discussed the splitting of the lots. He suggested the Commission start looking at the ordinances and change a number of the different codes so the character of the City can remain intact. Commissioner Hill • Addressed the CRA, stating he would like to have a visiOning meeting. Commissioner Mark suggested using the Town Hall meeting in January as a community discussion of visioning. City Attorney Komando • Gave an update on the contract for the City Manager, stating there is some discussion going on and they hope to have it resolved soon. Mayor Woods • Reported on her meeting with Tony Allegretti, Director of the Cultural Council, who has an initiative focusing on public art. • Reported there will be a Beaches Watch meeting on January 7, at which they have invited the three mayors to come and give a State of the City speech. • Stated she believes the most important thing the CRA does is it commits the City to funding projects. • She repmied they confirmed Nelson VanLiere as the City Manager on November 19. Mr. VanLiere thanked the staff who have helped him get through this year. He stated every Department did extra work and had a lot of patience with him to help him move into this position. He also thanked the City Attorney for his support and advice. November 24, 2014 REGULAR COMMISSION MEETING Adjournment AGENDA ITEM# 1B JANUARY 12, 2015 Page 8 There being no fmiher business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:30p.m. ATTEST: Donna L. Bmile, CMC City Clerk Carolyn Woods Mayor/Presiding Officer MINUTES OF WORKSHOP OF AGENDA ITEM# 1C JANUARY 12, 2015 ATLANTIC BEACH CITY COMMISSION HELD ON NOVEMBER 24, 2014 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson VanLiere, Interim City Manager Rich Komando, City Attomey Donna Bartle, City Clerk Call to order. Mayor Woods called the meeting to order at 5:30p.m. in the Commission Chamber. 1. Follow-up Discussion on Community Redevelopment Agency (CRA). Building and Zoning Director Jeremy Hubsch gave a follow-up presentation on the Community Redevelopment Agency (CRA) explaining how a CRA would apply to Atlantic Beach. He gave a slide presentation on the CRA Timeline, Finding of Necessity-Blight Conditions, Possible Projects, and CRA Costs. He also showed slides of the Lincolnville CRA project in St. Augustine. He answered questions fi·om the Commission. Discussion ensued. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 6:24p.m. ATTEST Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer C I TY Of ATLANTfC BEACH C ITY C O MMISS IO N MEETING STAFli' REPO ltT A GENOA I TEM II J A J ANUA R Y 12,20 15 AGENDA lTEM: P ublic II caring on request for usc by exception (UBEX-14-00 I 00045) to all ow weld ing, metal fabr ication, and sheet me ta l works in the Light lndus t rial a nd War~1ous ing (LlW) Zon ing D istrict a t 325 Mea ly Drive SUBMITTED BY: Jeremy llub sc h ~lCP;( u...(~ Buildin g a nd Zo(l ing O'ircc tor DATE: Nove mber 21, 2014 STRAT EGI C PLAN LfNK: None BACKGROUN D: T he appl ica nt is w ith Mos tar Pab ri cation lnternatio na l. Th is is a co mpany that rep airs ro ll off dumps ters a nd other me ta l ite ms by we ldin g o n repl acement pa nels and fab ri cated parts. The app li ca nt is requ ired to obta in a Usc-By-Exception per Section 24-112(c)(6), wh ic h sta tes one is needed fo r, "we ld ing shops, metal fabricat ion and sheet me ta l works ", with in the Light Industria l and Warehousing (LJW) zoning d is trict. A Use-By-Exceptio n is req uire d fo r these types of uses because they can potentia lly produce noises or odors tha t a ffec t nearby res id ent ia l properties. T he s ite is loca ted near the midd le of the Light i nd us tr ial and Wa rehousin g zon ing distri c t at the northeast co rn e r of Mea ly St ree t and Mea ly Dri ve. The site has an existi ng 4,500 sq uare foot me tal buildi ng, two paved access points, paved parking and a 6 foo t chai n li nk fence a ro und the p roperty. No new construction at the p roperty in o rder to acco mmo date the use is req u ired or expected in the nea r fu ture. T he app lica nt expects to have 3 to 4 emp loyees at thi s po in t, tho ugh the compa ny is j us t starting out could grow if th ings go well. However, tha t wou ld poss ibly requi re them to re locate to larger fac il ity. Most work w ill be co ntr acted to perfor m repairs to t hei r equ ip men t. As a res ul t no sig nagc is needed at this time. A ll work will be performed indoors. All projec ts stored outside mu s t be loca ted in the s ide or rear yard an d screened from view. At the November 18th Comm un ity Developmen t Board mee ting, approva l was recommended to the City Commis sion by a vote of 6-0 wi th cond itio ns that hours of operati on are li mi ted to 7AM to 6PM Monday to Sa tu rday. B UDGET: No ne. R ECOMMEN DATION: Approve the Use·By·Exccption 14-00100045 with cond ition that hours o f opera ti on are li mited to 7AM to 6PM Mon day tn Saturday. ATTACH MENTS: Co py of Com mu nity Deve lopment Board staff re port ; copy of UBEX- 14-00 l 00045 ap pl ica ti on. REVIEWED BY C ITY MANAGER: _·_-_7_,7:...._(-~....-:~a~4w'"':...::';::{.=--..:::t-=.C:--<..J.-~.,r:...__ _________ _ AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 40 UBEX~14 ~00100045 AGI!:NDA ITEM # 3A JANUARY 12, 20 15 Request for use-by-exception as permitted by Section 24-112 (c)(6), to allow welding, metal fabrication and sheet metal works in the Light Industrial and Warehousing {LIW) Zo ning District at 325 Mealy Drive. 325 MEALY DRIVE MOSTAR FABRICATION INTERNATIONAL November 5, 2014 JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR The applica nt is Zanin Basic with Mo star Fabrication In ternational. Thi s is a company that repairs roll off dumps te rs an d other meta l item s by welding on rep lacement panels and fabricated pa rts. The applicant is required to obtain a Us e-By-Exception per Section 24-112(c)(6), w hich states one is needed for, "welding sho ps, meta l fabr ica lion a nd s he et metal worl<s'', wit hin the Light Indu stri al and Warehou s in g zo ning district. The site ls located near the middle of t he Light Indu stria l an d Warehousing zon ing district at th e north east corne r of Mea ly Street and Mea ly Drive. The site has an existing 4,500 sq uare foot metal building, two paved access poin ts, paved parking and a 6 foot chai n link fence around the prope rty. No new co nstru ctio n at the property in order to acco mmod a te the use is req uired o r expecte d i n the near future. The applic a n t expects to have 3 to 4 emp loyees at thi s point, though th e company is just starting out could grow if things go well. Howev er, that wou ld possibly require them to re locate to large r fac ility. Most work will be contracted to perform repairs to their equipm e nt. As a resu lt no signa ge is needed at this tim e. Al l work will be performed indoors. All projects stored outside must be located in the si de or rear yard an d screened from view. Possible co nditions of approval that the Community Development Board may want to consider includ e: Limi t in g days and hours of operation. Subject Site and Surrounding Properties Pag e 2 of 3 AGENDA I TEM# 3A .JANUARY 12,2015 Source: JaxGIS AGENDA ITEM# 3A JANUARY 12, 2015 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100045) to permit welding, metal fabrication and sheet metal works within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive provided: 1. Approval of this Use-by-Exception is consistent with 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 24-112(c) in that the proposed use is found to be consistent with the uses permitted in the LIW 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 approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100045) to permit welding, metal fabrication and sheet metal works within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive 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 24-112( c) in that the proposed use is found to be inconsistent with the uses permitted in the LIW zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 3 of 3 AGENDA IT EM 113A JANUARY 12, 20 15 City of Atlantic Bench · 800 Semin ole Road ·Atlantic Bench, Florida 32233-5445 P hon e: (904) 247-5826 · FAX (904) 247-5845 · bttp://www .coab.us F il e No. ___________ Receipt __________ _ t. Appli c:mt's Name ·z~l.""-~c._ S. ~C... 2. Ap pli ca nt's Ad dress ~2 oo Wh ·; \:e FO'-"s "'\ve£0 \.) t-t'\T·jl i.1.1.. [)A '1-.l E'L..3U:i'J; 3 . PropcrtyLocntion .3 25-!V\;.p,\,/ ~(' A .. ~l a .nJ i·c...~o..C.\c...>£L 3 ?2,'3.3 4. Property Apprnlscr's Ron I Estate Numbc / ~ t h= . Dl oclc No. ' Lot No. ____ _ 5. C uncut Zo nin g C lass ifi cat ion '"'.. \..-Plan F ut ure Land lJse designation ___ _ 7. Requested Use -by-Exception £. 8. Size of Parcel ____________ _ 9. Utility Provider 10. Shltcmcu t of fac ts a nd spec ial reasons fo r the requested Usc-by-Exceptio n, w hi ch demonstrates com J>Ii a ncc with Secti on 24-63 of the City of Allrmtic Beach Code of Ordinances, Zoning a nd Subdivision Reg ul ations. Attach ns Ex hibit A. {T he attached guid e may be used if desired. P lea se ad dres s eac h item , as nppro t>ri atc to thi s request.) ll. Provide nil of the following information . (A ll information must be provided before nn a p pli catio n is sc hed ul ed fo 1· a ny public h ea ring.) a. Site P la n showi ng th e location of all structures, tempot'ai'Y nnd permanent, in c ludin g se lbncl<s, lw llding height, number of sto ri es and squnre footage, Impervious surfa ce nren, and ex istin g and/or proposed drivcwnys. Identify nny existing stru ctures nnd uses. b. Proof of ow ners hip (deed or certificate by lnwycr Ol' nbstt·n ct co mpnny or title co mp nny t ha t verifies r ecord owner as ahove). If t he npplicn nt is not the owner, a letter of ~mth o1·iznlion from th e ow ncr(s) fot· ap pli cnnt to repr ese nt the ownc•· for all purposes r e lated to this app lication must be provided. c. Su r vey and lega l d escription of prope1 ·ty sought to be r ezo ned. (Attach as Ex hibit B.) d. Required numb er of copies. Two (2) copies of all doc um ents that at·e not la r ger tha n 11 x 17 inches in s ize. If plans or photogmphsro1-cottn-n# hm cn ts are s ubmitted, plea se prov id e eight (8) copies of these.) c. At>I>Iica ti oJ e ($250.00) I HEREBY CERTIFY T HA T ALL lNFORMATlON PROVffiED WITH TH IS APPLiCATI ON IS CORRECT: Signat ure of ow ncr(s) Ol ' a uth orize d persou if ow ner's nut horl zntlon form is attached: Printed o r typed nnme(s): --..L'EEJ--'~-=~===f ~Z-::--~--_;:~=--C __ L_~ __ L----'C""-=~--------Si g••nture~): ____ ~~~~~~-~~~~~~~-~---------~-----~---~ ADDRESS AND CONTA C T IN li'ORMATION Ofo' PERSON TO RECEIVE ALL CORRESPONDENC E REGAROTNG TH IS APl'LlC ATION Nam e: 2 1'\N '\ ~ :-r,e S.j'C.. Mailing Addl'ess: 8~ ce> l.h\\8 \\-.e. .f="'C\, \\ s '=t)).\!l~. Vf..J('r # ::l .1...1. P ho ne: qC/4-~f\-SIS:~ FAX: E -mail: !Y)OS.\o.r-Cc...\o@ C ~\L.Co EXH IBIT A AG ENDA ITEM II 3A JANUARY 12,2015 T he review of an application for a Us e-by-Exception shall considcl' the following items. }>tease address each of tbe fo11owiug as applicable to your sp ecific application. l. Ingress and ogress to property and propose d Stru ctures th ereo n with parliculnr refe rence to ve hi c ul ar a nd pedes tri an sa fe ly and co nv e ni ence, traffi c fl ow and control and access in case Qf lire or catas troph e. 3 ·"-c. ~, <C rn\'~e' .S ~~'\y· o.."'-~ ~\ \\lo-...ry ~.J'\.1 <-k' 2. Parkin g a nd Loadin g Spaces, where required, with parti cula r attenti on to th e ite ms in (I ) ab ove. ~,j , ex ~a};. \.--c·-.,\ ~c:....\"'\:...·, "'3 \5 ·~!C!.e c\., .... ,)\. C-.Jcrc:"'·t- :S~.e:e 3. Tho potenti al for any adve rse impa cts to 11dj oi ning prop erties and pr operti es ge nerall y in the area res ultin g from excess ive noise, g lare and li ghtin g, odor, traffic and si milar characte ri s ti cs o f the Use-by-Exception ~~tr re l es ted. e .. 4. 5. Ut il~, with refere nce to loca ti ons, av ail abili ty and com patibil ity; :v £A 6. If adj acent uses arc di ffe rent types of uses, describ e type of screeniH g and buffe ring that wi ll be prov id ed be tw ee n yo ur use and th e adj ace nt use. ,..~......._/.._&...__ __________________ _ 7. Sig ns, if any, and pr oposed exterior li ghtin g, with reference to g lare, traffic sa fety, eco nom ic effec ts and co mpa t ibility a nd harm ony with properti es in th e Di stric t; (See Si gns and Advertisin g, Chap ter 17.) t~ r:> sv~\[) s ·±a b . ~o S;;:~e.c.>- 8. Re quire d Ya rd s and oth er Open Space . S how build ing setbac ks and amas of open space on s ite pl an. 9. Gener al co mp atibili ty with adja ce nt pro perti es and oth e r property in th e sur ro undin g Zonin g Di strict as we ll as cons istency with appli cable provi s ions of th e Co mprehe ns ive P lan . ---------- O th e r info rm ati on yo u may wis h to provi de: --------------------- AG ENOA ITEM fi3A JANUARY 12,20 15 OWNER'S AUTHORIZATION FOR AGENT --------------=-------<'-------is hereby author ize d to act ~ 2-~ t.-t(J ~ the owner(s) of those lands described on behalf of • wi thin the altached application, and as de scribed in the attached deed o r other such proof of ownership as may be required, in ap pl ying to the City of Atl antic Beach , F lorida, for an application re lated to a Development Permit or other act ion pursuant to a: D Zon in g Variance D Compreh ensive Plan ame ndm ent ~ D D D D Usc-by-Excep tion D Fence or Po ol Perm it Rezoning 0 Sign Permit Plat, Rep lat or Lot division D Waiver from Sign regulatio ns ~~~~er fi·om Land Development ~~7tions ' BY: ____ ~~~~~--~~=~~?=~;:~~~~~~-------- Signature cifb:wTier ~ Print Name __ f-F-/C /2- Signatme of Owner Print Name c;oy -6og -3 &·o a Telephone N umb er ~/0r z re.J'rttto!J £ LK-t C@ '?-~. e-mail address Identification verified : -------------- Oa th sworn : _____ Yes --------- Sto te of Flol'i do County of Duvo l My Co mmission expires: ------ ltc 90427311 r---~~:~··~~~~--------------------------------------------------------------,· MAP SHOWING SURVEY OF I.{JI" 2. 1Wf1'01rr 1111'-t";t1UN, J'IIIRK /IS IIJ~Jl 1'1111.1<-: lll-A.'Oit!~·.Of' WVN.. <XA.JN;-v, fl.OiUU/1. I .. l.O r I •n 1/l'.• fi.O!J•I!I'OO"E. IOZ.55' 1.•. '·'· , _______ .;....:.;;..:.....:;:....::..;;....:;.;_,;..::~;_---------·-··- hJ 1-'o "' 0 w "' "' w ,, -ot' -~ ,. V'hC.&Ui .,. r. "' )i .~ -.... ( ,.,·,.::>e>u.r o len') (f) , ,uJ .. 0 1,,; p .. 0 .., .... 0 )-T. "' _I "' .,. ·.,., ._ ft 1" 0 <! ~ 0 I . ,.J w ' 0 8 "' :i -" ui .z. "' ~ MEALY DRIVE ;{., ~--------·-~0'11/VIIUIWtll COilS!) l t llt:flrn'( CF.Imf'( 111AT llW. l'lfWF.m"i li!O'Ill IW.III'r.tl J,n:c; 1IJ t1.0')1) 7.(N; "L:" M SIU</111 U'l 111e: f\.CCl) 11A1.11.1D OGIJI4Wl:l Hill' ron '11m c1n oF tm.mn c lliWll, fi.OIUIJII. 1 I!F.IIl·nY c;Etr!'JF'l TO c:a:AN r.rlln:.JWIK 1\N\J I.NIT;III'II\1'lO'IIIl, TinlNI0::.'\1, r.mWIJC.'l '111h1' I 11/\vt; !i11li\IF.'ff1l 'nP.: 1-"NNJ.l AA 51l:JiN Ill 111r. lllkiVl! t:/11>'11\.N 1\N.I 't1111T '11US IIIII' r:; II ,1nli; N~l r;omm::r lli'J•Jii'T.r1(l'I\,7.C11 OF 11 ~r<'r $\IIM:V NO 11 IAT ';1 IF. &111Mr.' /JfoJ'IIWI'.I/Il11 I n·:IO·X.tl Hl'3:;'m ,, II': HI N l!V1 '-fNI'\1\IU) lftUJtl~ N'Ol'Till II'( 'llW. flfll!lh' :-.'TII'm lnNU> OF l'l()l·T>&llW/11, J,/1.'11) H\JIM:YOIG Cl~\l'll::fl 2lUI liND 111l': H,OIUo.\ l.N4> 'l'l'J\.& N;:;(X:l/1'1')(~. rtllf. 5\JIIVFV NOI VALli) l)HLr::;:; srAt.[ll Willi"" J;IJIIIOS:O[O !i(l\t. 01' 5UI1YE. ~011 Sl(JN!;D ~~~.ntOII !!CAll!: ' " -;;.-:> ' OPI,WN OY: "~·(..~ F'.n ... : r:,J~I."· Yo "' INC OlllE ;JIG"'EU: , DOA.T\1/niOHT LIINi! :>IJnVr! A<>, • -·-fj1:}· .. /i. /2.'>; 130 I PENMAN ROI\0 SUITE D ; .IAr;K!lONVII.l.l: 01:1\r.ll, FI.Oflll/f\ :111 1-0/i(iO !JIH!I!T_f_QF-'-- AGENDA ITEM # 3A JANUARY 12, 2015 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA lTEM: Open Access to Hanna Park from Sem ino le Road SUBMITTED BY: Nelson VanLiere, City Ma na ger ( DATE: November 23,20 14 AGENDA ITEM# 3B JANlJARV J2, 20 15 BACKGROUND: From time to tim e, the qu estion of opening an access for local pedestrians and cyclists to enter and leave Hann a Park at Seminole Road has been di sc us sed. These discuss ion s cover many benefits and concerns about the impact openin g an access would have on our community. Dis cus sion s related to physical access, fee co llection, touring cyc li sts, safety and traffic on Seminole Road to neighb orho od secUiity are all concerns to be ad dre ssed. This item is being placed on the agenda to disc uss how much de s ire there is from the Com mis sion to open an access. If the Co mmis sion agrees, Staffwill pursue various options with the City of Jackso nville and return with a full report on U1e topic. Pre limin ary di sc ussio ns with Jacksonvi ll e indicate a willingness to work with us on allowing access . The proposal wou ld be considered a pilot program that could be reversed if the impact was found to be und esirable in the futu re after an evaluation period. Some of the issues di sc ussed are as fo ll ows: Reasons to open: Provide easy access for residents to the park Promote healthy lifestyle, wa lking, running and biking A lternative to beach access Eas t Coast Bike Trail addition of significa nt improvement May inspire a plan for a bike lane on Semino le notth of the five point intersection Great place for neighborhood kids to play with security Eliminate the need to go to Maypo1i Road to get to the park Atla nti c Beach surfers can ge t to the poles by bike Dogs are allowed Gate could be locked at night Adds acres of park The access wou ld be a selling point for home owners marketing their homes Reasons not to open: Fear of di srupting th e quiet cul-de-sac at the end of Seminole Road Traffic -bike touting groups on Sem inole Liabi lity Pedestrian Safety Park visitors coming fro m the pa rk into th e neighbo rhoods Other information of interest; AGENDA ITEM II 30 JANUARY 12,20 15 On ly 900 persons per year = 2.47 per day go through the front gate on foot or bike per COJ At $3.00 per per so n, this equates to $2 ,700 in revenue to Jac ksonv ille per year There wou ld be a cost to i nsta ll a narrow gate and create a short path There arc many supporters of opening an access, but some issues need to be to so lve first. I believe there is a low cost so lution if the Commission is interested in having staff go forward with the program. BUDGET: There is no budget for thi s item RECOMMENDATION: Di scuss the des ire to have staff work with Jacksonv ill e staff to propose a program that will all ow for an open access gate at the north end of Seminole Road ATTACHMENTS: 3 Photos of the north end of Seminole road Map of Cycling Routes & Bike Facilit ies Web information on Kathryn Abbey Hanna Park Access To Hanna Park Photos AGENDA I TEM # 3B ,JANUARY 12,2015 AGENDA ITEM IIJB JANUARY 12 ,2015 OFF·STREET BICYCLE FACILITY These bicycle facilities are not incorporated into the paved roadway, bu t are construct ed or proposed to be constructed separately. The are n ormally at least 8 feel wide and either asphalt or concrete . CYC LI NG ROUTE These roads do not have on-stre et bicycle racllllles. but are used by experienced cyclists primarily due to connectivity between locations. May have high traffic volume or narrow road width. / Cycling Routes & Bike Fac ilities -On·Streel6icycle Facility, Constructed I ' "'---Off-Street Bicycle FacJiily, Constructed ; ' .,-""'• • • • • Off-Street Bicyc le Facility, Proposed '\, "•, -Cycling Route: Low Traffic Volume _.,,.,.()111, I • • • • Cycling Route : High Traffic Volume City of Atlantic Beach N [ Municipal Parks [·"" , •.• ]ICWTidal Marsh I [ JEA-Owned Parcels W~E ~ JEA Transmission Li ne Corrido r 1./ .,. .......... _, . . . • I •1tH I I ,,o.,.•'IJ~Z!; •• ,~,,,,. .. ,.., ..... r .~ I ._.»,., I • lj. .. ICAIC(I4 . • VN<""£.~ l • • • • I • ,J."''~ .. q • II) I • • ~ § f~ ~ . . ,.,,. I I JMi n.,: i ' P.Jfk ••~ 1 J ~ ...... 1 l t: • • ,,.n (0'1/NT,.~t;;IU:I l t ll4 • . ~ • I • 1 ---=====-----Miles 0 0.25 0 .5 ON .STREET BICYCLE FACI LITY Th9s9 bicycle facllllles era Incorporated Into the paved roadway, and are con stru cted or proposed to be cons tructed as bike lanes or 3-1001 or orooll paved shoulders. May to ava higtl traffic volume . Revised November 24, 2008 (e/11); SP2009_blkepa ths AGENDA I TEM# 38 J ANUARY 12, 20 15 CO J.net -Kathry n Abbey Hanna Park A GENOA ITEM# 38 JANUARY 12,20 15 \,11\'LRNM I .IV I' Cou nty Exte nsi on Office Dlsabl~d Serv1crs After School (M3Zone) Aquatics Athletics Cecil Recrea t io n Comp lex Com munity Centers Environment~ I Education Hugueno t Memorial Park JaxParks Geocache Challenge JaxParks TV JaxSNL Knl hry n llhlwy 1t,on 11.1 f1,11 k Dolphin Plaza Bike Tra ils at Hanna Pa r k Campi ng at Ha nna Pork Permitting Publ cations Specialty PJrks Pres erv~t lo n Parks Waterways Youth Camps Senio r Services Social Service s IHIS I NESS I N ,1 1\CK~Il N\ II 1.1·: I lNI INE Sl'.lt \'I<'FS t\1.1. l li'J' lit I MI.N r.; ~ > Dl'pa rtrn,..nl !-> P1r~.s. R• c r~.lpon lr1d Commllntl v .-N"IC,.l > J.\'(P,u h tlofl'lf'P!£1! ~ Ka t hr~n Ab~v H•nno r.11~ K A THRYN ABBEY HANNA P ARK Co nne ct with vs ... ~~ Locatlon:Wonderwood Drive, Jackso nvi lle !.M.m!ll Contact: (904) 249 -4700 or hannapark@col.nt>t Hours of Op~ratlon : Park Lrl c .. a blog 6 a.rn. • 8 p.m. M • F, 7 a.m.· 8 p.m. weekends, April · Oct.6 6 a.m.· 6 p.m. M • F, I a.m.· 6 p.m. w eeken ds, Nov.· M arc h, Last en try allowed 30 minutes prior to park closing tirne. Ea rly bird and annual pa sses accepted from 6 to 8 a.m. Fees: Park entry · $3 for early bird en try lee 6 · 8 a.m. {early bird tickets may be purchased In se ts of $10.) $3 per pedes trian 8a.m. to close $3 pe r bicyclist; $5 per car (up to six people) 8 a.rn . to close Bus en t r v fee • $50 Annual pass fee· $90 plu s tax NOTE : All entry lees are cash only. ~ru; Tent campi ng = $20 .34 including tax AV ca mping ~ 33 .90 Including tax Cozy cabins • 33.90 per day, Incl uding tax T h e B ench 1.5 miles of pristine sandy beach with multiple access points and I t is home to t he premier surfing spot In Northeast Florida, The Poles . DolphinYlmm An Idea l oceanfront l oca tion for a fam ily reunion, weddlnc reception or corporate outing. Download the brochure! Hanna Park Brochure Campgrot•nd Map Ji!o.!lafark Trail Mop P o p ul a r Li n ks: JiixParks TY ~l).!)iiPMk ~ngt tftgmorlal Park Cec il Recrea tio n Comnlcx ~ !"frrn.I!S Trilil Maps JaxPorks Admi n Office 2l4 N. Hogan St., 3rd Floor Jacksonville, FL 32202 jaxparks @co j net http://www .coj .net/departments/parks,-rccreation-a nd -co mmunit y-se rvic cslrecrea ti o n-and ... 11/2 4/2 0 14 CO J.n ct -Kathry n Abbey Hanna Park Fcc jmlnlmum o f lour hours): $750 p lus tax; $35 plus tax for each additional hour. HikinJUind H ik ing Tr j1ilS Hanna Park has over 20 miles o l trails l or the hardcore m ountain b ikers and the entire family t o enjoy. K ids Splash Pal'l< Open Memorial Day through Labor Da y. It's the perfec t pla ce for kids under four f eet tall to cool off In the su mmer. Ex'tras! AGENDA IT EM# 3 B J ANUA llV 12,2015 Hanna Park al so has po cnlc areas, fa cilities lor cookouts, r eunions, retreats, and other group activi ties. Please note that re~crvatl o ns are requir ed. Pal'l< G uidelines • Fee Is required lor re-en try • Alcoholic beverages, glass containers and fi rewooks are not allowed In the park. • Open fires and grill ~ are not permitted on the beach . • fill plants, animals and park pr operty ar e protected. The collect ion, destruction o r disturbance o r plants, animals or p ark property Is prohibit ed. • Do not feed the wildlife. • Pets ;ve permitted only In designated areas, must be kept on a leas h no l onger than eight feet, be a u ended and well-behaved at all t i mes. • Swimming, powerboats, castnet~ and night fishing are prohibited In t h e lake. • Go lf carts, ATVs, motorbikes, scooters, so·kans, skateboards, chalnsaws an d aenerators are not perm itted In the park VIDEO T OURS AND Al\IEN ITI ES Surfi ng "the Po les" Click for Ia rger view lin~ to li st o f symbol d~>l!!'ll~s Wa lk In the Park -Hanna Park Click for larner view Biking Hanna -all the way I Click l or laogco yh'W http :I l www.coj . net/departments/parks, -recreatio.n-and-comm uni ty-se rviccs/rcc rea ti o n-and... 11 /24 /2 0 14 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD AGENDA ITEM# 3C JANUARY 12, 2015 2-year terms; 4 consecutive term limit; per Ordinance 5-03-42 adopted July 14, 2003 Regular meetings are held in the Commission Chambers at 6:00pm the third Tuesday of each month. The board members are required to tile Statement of Financial Interests NAME & ADDRESS Linda Lanier 1768 Park Terrace West Atlantic Beach, Florida 32233 Kelly Elmore 1650 Beach Avenue Atlantic Beach, Florida 32233 Patrick Stratton 361 6th Street Atlantic Beach, FL 32233 A. Brea Paul-Chair, 2013 330 Sargo Road Atlantic Beach, Florida 32233 Harleston G. Parkes 1838 Seminole Road Atlantic Beach, Florida 32233 Sylvia Simmons 211 Beach Avenue Atlantic Beach, FL 32233 Kirk Hansen 2393 Ocean Breeze Ct. Atlantic Beach, Florida 32233 Richard Komando, City Attorney Jeremy Hubsch Building & Zoning Director 800 Seminole Road Atlantic Beach, Florida 32233 Derek Reeves Zoning Technician 800 Seminole Road Atlantic Beach, FL 32233 EXP. DATE BUSINESS 12/31/2015 (1st term) 12/31/2014 241-8382 (fax) (2nd term) 12/31/2015 (3rd term) 12/31/2014 (2nd term) 12/31/2014 (3rd term) 12/31/2014 (1st term) 12/31/2015 (4th term) (904) 269-1111 (904) 269-1115 Fax 247-5817 247-5845 (fax) 270-1605 247-5845 HOME I MOBILE/EMAIL (904) 246-9678 linda.m.lanier@gmail.com 246-6219 333-7 483 -cell kellmore@comcast.net (904) 619-3094 (843) 614-7390 -cell ptstratton@gmail.com 242-4710 303-3987 -cell andabrea@bellsouth.net 962-6368 hparkes@comcast.net 241-7195 Sylvia.the.gardener@gmail.c om 910-9660 -cell 241-7859 241-7859 (fax) Schmirkley@bellsouth.net rich@claylawyers.com jhubsch@coab.us dreeves@coab.us As of November 2014 [-------------~------- PERMIT TYPE BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH NOV 2014 NUMBER OF PERMITS --------------------- --------"----····-··-·-·-- TOTAL INSPECTIONS YTD 2013 YTD 2014 YTD 2013 YTD 2014 YTD 2013 YTD 2014 ~~;LLEEXFAMILY 24 1 . 22} ~ ______ 'l~~~f ~ 8,793,:1]~ gt~~f:~Ns__ -1.~:i _j::---n--::l~!E1!-::~!t~-1 -~---------- _____ T_O_T_A_LL--2,2081 -~2,681t ; $ 22,231,504' $ ----~---~~~~?~·-----------~~7~J ______ _'!~~!_<!___ PERMITS ISSUED FOR THE MONTH OF NOV 2014 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED ~~r:~;~!L~~~ ! li ~-2~~ ~-~ i .. -~~~~~~~4-=t---1 COMMERCIAL NEW ____ 0___ $ ----~-$ -MISC. 9 COMMERCIAL ADDITIONS 0 $ -··~·~~T--·· --------------------~ COMMERCIALALTERATIONS -----------21 59 ;,51 00~00--~.~---------TOTAL----200 _____ _ PERMITS MISC ! ~--[=-630 , __ -----~_-;__ _ ~~~W .... ~\l:'ltt GAS -----1 -~ $ 3 ' 972 f I $ . -------- MECHANICAL HVAC j' 13 0 I~ 1,~;~ ' ----.-1 --==~~-=-------=-=-----~J--=-=----------+j-----:~;r::OOR =--.~--y _1 l_~-_-_._-_-__ -_--=---=±~::-_t,, ____ -~: 1~H~~ 1 suRC:rolL1 E~TED=-------- DEMOLITI6N-__________ -________ ----j 5 REINsPEcTioN FEEs o • ~ 5 ~ 2 I ----~[}-----__ :_-----I .. T ____ R ___ E __ E R-EillfovALs: ~--~NoNE-- occuPANcY INSPECTIONS · __________ 1______ ~$-------=~-===~=}~Q_-~-=-------$---I -------------~k~~SES---------~_j 1°0 J -iio 1 : · ·· : 1 :~~~== ~;.:::-::~, -->: ~ ~~~=§~T~1 ~1 :~ ~~~~~----H==-:s~~~~:~~~1~-~ ~~ I 1 ! -~ Ul > City of Atlantic Beach AGENDA ITEM# 4A FINANCIAL REPORT JANUARY 12, 2015 November 2014 Cash Balances Prior Current Dollar Percent Fund(s) 10/31/14 11/30/14 Change Change General $ 6,338,811 $ 7,130,366 $ 791,555 12.49% Tree Replacement 14,673 14,673 0.00% Convention Development Tax 62,297 72,741 10,444 16.76% Local Option Gas Tax 108,807 131,929 23,122 21.25% Better Jax 1/2 Cent Sales Tax 454,072 501,701 47,629 10.49% Police Training, Forfeiture, Grants, etc. 161,187 146,543 (14,644) -9.09% Community Development Block & ARRA Grants 0.00% Debt Service 0.00% Capital Projects 3,000,387 3,055,524 55,137 1.84% Utility 4,261,887 4,015,384 (246,503) -5.78% Sanitation 686,125 661,602 (24,523) -3.57% Building Code Enforcement 1,203,626 1 '196,662 (6,964) -0.58% Storm Water 1,526,898 1,508,586 (18,312) -1.20% Pension -Police 9,899 10,122 223 2.25% Pension -General 47,168 63,662 16,494 34.97% Total $ 17,875,837 $ 18,509,495 $ 633,658 3.54% Total Restricted Cash 7,059,753 Total Unrestricted Cash $11,449,742 Cash and Investments Annual Prior Current Dollar Percent Account Yield 10/31/14 11/30/14 Change Change Bank of America -Depository 0.20% $ 2,107,612 $ 2,751,244 $ 643,632 30.54% Guggenheim Floating Rate A 4.07% * 1,532,070 1,541,838 9,768 0.64% Hartford Floating Rate Bond A 4.28% * 1,535,500 1,538,855 3,355 0.22% lnvesco Floating Rate A 3.74% * 1,723,202 1,729,814 6,612 0.38% MainStay Short Term Duration High Yield A 4.12% * 2,575,311 2,575,116 (195) -0.01% Lord Abbett St Duration Inc A 2.54% * 2,993,678 2,996,183 2,505 0.08% Putnam Diversified Inc. 4.24% * 2,955,468 2,931,376 (24,092) -0.82% Alliance Limited Duration High Income A 3.33% * 2,442,118 2,434,191 (7,927) -0.32% MSSB Money MarkeUCash 0.05% 7,394 7,394 0 0.00% SBA-Florida Prime 0.16% 334 334 0 0.01% Cash on Hand 3,150 3,150 0.00% Subtotal $ 17,875,837 $ 18,509,495 $ 633,658 3.54% Police Pension Investments $ 8,479,431 $ 8,588,607 $ 109,176 1.29% General Pension Investments 15,321,027 15,523,670 202,643 1.32% Subtotal $ 23,800,458 $ 24,112,277 $ 311,819 1.31% Total $ 41,676,295 $ 42,621,772 $ 945,477 2.27% * Denotes the 30 day SEC Yield Anualized City of Atlantic Beach FINANCIAL REPORT November 2014 AGENDA ITEM# 4A JANUARY 12, 2015 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,327,675 $ 1,887,866 $ 2,154,316 $ 266,450 Convention Development Tax 88,300 14,714 28,276 13,562 Local Option Gas Tax 435,909 72,650 76,353 3,703 Better Jax 1/2 Ct Sales Tax 714,864 119,142 125,358 6,216 Police Training, Forfeiture & Grants 97,190 16,194 8,011 (8, 183) Grants 91,386 15,230 -(15,230) Capital Projects 230,000 38,330 64,545 26,215 Utility 8,303,752 1,383,942 1,478,501 94,559 Sanitation 1,801,000 300,162 308,783 8,621 Building Code Enforcement 446,000 74,328 46,501 (27,827) Storm Water 1 '135,500 189,248 186,056 (3, 192) Pension -Police 1,440,505 240,080 453,485 213,405 Pension -General 2,127,619 354,600 873,089 518,489 Total $ 28,239,700 $ 4,706,486 $ 5,803,274 $ 1,096,788 Analysis of Major Variances In general, the major variances are created when the actual funds received-to-date are different from the percentage of the budget elapsed-to-date. Highlighted variance explanations follow: General Fund revenues show a net increase of $266,450. Most of this increase is due to the timing of receipt of ad valorem taxes, the majority of which are received in late November and December. Timing of receipt of the annual County allocation of business tax receipts, and the annual 1 0% true-up of the prior year's JEA franchise fees contributed to the remainder of the variance. Capital Project Funds revenues in November included receipt of the approximate $50,000 designated by COJ Councilman Gulliford for the Marsh Master Plan project. This payment resulted in the $26,216 positive variance. Building Code Enforcement Fund reflects a decrease in revenues of $27,827 for this period. Permit fees were $11,000 less than estimated, and no plan check fees have been received, compared to $15,000 budgeted for this period. Pension Funds reflected significant, positive variances this period from the increased value of investments, $213,406 for Police Officers and $618,489 for General Employees. Percent Variance 14.11% 92.17% 5.10% 5.22% -50.53% -100.00% 68.39% 6.83% 2.87% -37.44% -1.69% 88.89% 146.22% 23.30% City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM# 4A November 2014 JANUARY 12, 2015 Expenses. Annual YTD YTD Dollar Percent Department Estimate Estimate Actual Variance Variance Governing Body $ 41,665 $ 6,936 $ 7,098 $ (162) -2.34% City Administration 2,691,488 448,504 355,055 93,449 20.84% General Government 642,322 107,026 190,458 (83,432) -77.95% Planning and Building 493,820 82,268 71,017 11,251 13.68% Public Safety 8,437,904 1,406,206 634,280 771,926 54.89% Recreation and Special Events 364,353 60,704 67,576 (6,872) -11.32% Public Works 7,995,120 1,469,870 771,497 698,373 47.51% Public Utilities 9,266,750 2,629,653 1,429,380 1,200,273 45.64% Pension -Police 753,119 125,508 103,474 22,034 17.56% Pension -General 9571880 1591640 2051067 {451427} -28.46% Total $ 31,644,421 6,496,315 3,834,902 $2,661,413 40.97% Annual YTD YTD Dollar Percent Resource Allocation Estimate Estimate Actual Variance Variance Personnel Services $ 9,754,570 $ 1,625,912 $ 1,379,658 $ 246,254 15.15% Operating Expenses 10,992,670 1,832,253 1,523,902 308,351 16.83% Capital Outlay 7,359,333 1,225,780 403,443 822,337 67.09% Debt Service 2,152,818 1,581,542 286,199 1,295,343 81.90% Grants and Aids 36,820 6,134 17,000 (10,866) -177.14% Transfers 113481210 2241694 2241700 {6} Total $ 31,644,421 $ 6,496,315 $ 3,834,902 $ 2,661,413 Analysis of Major Variances In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual expenditures. Highlighted variance explanations follow: General Government had an $83,432 negative variance for the period. Premiums for property and liability insurance are paid for the fiscal year and expensed in the month of October, while the budget allocates these expenditures evenly over the entire fiscal year. Public Safety reflected a $771,926 positive variance due primarily to the timing of capital expenditures related to the new Public Safety building, the COJ quarterly fire contract expenditures, and seasonality of lifeguard expenditures. Capital Outlay had a positive variance of $822,337. Most of the capital and project expenditures occur in the middle to latter part of the fiscal year. Debt Service reflects a significant variance of $1,295,343. Expenditures were budgeted for the debt that was refunded late last fiscal year, but will not be incurred. The budget for the annual principal payment was included 100% in October, instead of allocating the amount over twelve months. 0.00% 40.97% City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM# 4A November 2014 JANUARY 12, 2015 Project Activity -Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status Public Safety: Design & Construct New Police Building PS1501 2,600,000 2,600,000 s $ 2,600,000 $ $ $ 2,600,000 Public Utilities: Reclaim Water Facility PU0805 135,399 93,622 41,777 I PT Repair at Lift Station C PU1306 6,500 6,500 c lnline Valve Installation PU1404 36,515 36,515 I Effluent Outfall Replacement PU1408 11,625 11,625 I Effluent Pump at WWTP PU1409 14,478 14,478 I Connect A 1 A at Mallard Cove PU1410 126,662 6,662 120,000 D Well Logging -6 Wells PU1501 30,000 30,000 s Update Models PU1502 30,000 30,000 E Replace WM on Seminole Rd 5-Way to Atlantic Blvd PU1503 700,000 700,000 E Replace _Effluent Outfall Line-Sherman Point (Cost Share) PU1504 320,000 320,000 I Lining of Wetwell at Mimosa Cove Lift Station PU1505 19,505 19,505 I Lining of Wetwell at Fairway Villas Lift Station PU1506 20,341 20,341 I Clean and Televise Effluent Gravity Outfall to ICW PU1507 15,218 15,218 s Fence/Wall at WWTP PU1508 80,000 80,000 s Replace Irrigation System With Reuse System PU1509 20,000 20,000 s Subtotal $ 1,566,243 $ 100,122 $ 111,057 $ 1,355,064 Parks Maintenance: Rose Park Development PM1302 5,276 5,293 (17) c Russell Park Tennis Courts 1-2 PM1401 98,136 98,136 c Electric Gate at Dutton Island Park PM1404 4,466 4,272 194 I Russell Park Renovation PM1501 250,000 250,000 s Howell Park Parking Lot lmprovemens PM1502 25,000 25,000 s Donner Park Playground Lights PM1503 10,000 10,000 s Bull Park Playground Equipment & Swing PM1504 75,000 75,000 s Dutton Island Road Improvements PM1505 25,000 25,000 s Marsh Project Pedestrian Path PW1408 97,220 97,220 E March Overlook & Kayak Launch PW1409 300,000 300,000 E Subtotal $ 890,098 $ 107,701 $ 97,220 $ 685,177 Public Works: Robert Street Ditch PW1404 14,213 14,213 E Salt Air/Sturdivant Drainage and Sidewalk lmprovmts PW1406 132,700 2,700 130,000 E Seminole Streetscape PW1407 316,660 5,082 61,572 250,006 E Saltair Drainage Improvements PW1411 250,000 250,000 E South End of Seminole Road Drainage CIP PW1412 650,000 650,000 E Batting Cage Mat I Russell Park PW1416 10,966 10,966 c Bike Racks & Street Lights PW1501 20,000 20,000 s Francis Avenue Drainage Improvements (CDBG) PW1502 91,386 91,386 E Begonia Street W 6th to W 9th -Design Only PW1503 30,000 30,000 s City Hall Parking Lot Lighting -Last Section PW1504 10,000 10,000 s Subtotal $ 1,525,925 $ 16,048 $ 78,485 $ 1,431,392 Total $ 6,582,266 $ 223,8'7~ $ 286,'762 $ 6,0'7'1,633 Status Key A-Bid/RFP Advertised I -Project In-progress B -Bid Awarded N -Complete/Non-Capital C -Project Completed R -Re-budget Next Fiscal Year OR Re-Evaluated D -Design Completed S -Staff Researching DE -Deferred X -Project Cancelled E -Design Phase CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of property to be declared surplus SUBMITTED BY: Nelson VanLiere, City Manager DATE: December 18,2014 AGENDA ITEM # 4B JANUARY 12, 2015 BACKGROUND: Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on this list. These assets are either not operational, have been deemed no longer cost-effective to repair, or were received through forfeiture. Dept Description SeriaiNIN # IT See Attached List BUDGET: There is no budget for this action RECOMMENDATION: Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. ATTACHMENTS: Property Disposal Sheet -Dept Head Approved 12118114 REVIEWED BY CITY MANAGER: ':;!t (/a,.... drk14 City of Atlantic Bea ch AGENDA ITEM #48 PROPERTY DI SPO SAL SHEE T JANUAIW 12,20 15 Description of Item Se ria l # Asse t Tag II Disposa l Disposa l M ethod of Emp l oyee Witness Amou nt Rec eived Date Authority Disposa l De ll Latitude E4300 FHSSHJl 1317 cc sc K.Ra ndlch Dell Lat i tud e E4300 HHSSHJl 1318 cc sc K.Randlch Dell Latitude E4300 BF 2CTJ1 1406 cc sc K.Randlch De ll Latitude E4300 9WMBWL1 1430 cc sc K.Randich Dell Latitude E4 300 6WMBWL1 1429 cc sc K.Randlch Dell Latitude E4300 2WMBWL1 1425 cc sc K.Randlch Dell Latitude E4300 4WMBWL1 143 2 cc sc K.Randlch Dell Lati tude E4300 9HSSHJ1 13 22 cc sc K.Randlch Dell Latitude E4300 7WMBW L1 14 26 cc sc K.R andich Dell Latitude E4300 3G2CfJ1 1407 cc sc K.Randlch De ll Latitude E4300 6F2 CTJ 1 1408 cc sc K.Randlch Deli Latitude E4 300 JVMBWL1 1433 cc sc K.Randlch Dell Lati tude E4300 1WMBWL1 1434 cc sc K.Randich Dell Latit ude E4300 5WMBWL1 1431 cc sc K.Rand lch Dell Latitude E4300 3WMBWL1 1428 cc sc K.Randich Dell Latitude E4300 JWOYNJl 1319 cc sc K.Randl ch Dell Latitude E430 0 B20SQH1 1320 cc sc K.Randlch De ll Lat it ude E6410 FCLVVMl 14 87 cc sc K.Randlch Dell Latitude D4 20 9S2T2C l 1476 cc sc K.Randlch Dell Latit ude D420 4KGGLC1 182 1 cc sc K.Randl ch Dell Lat it ude E65 00 H3827Jl 1395 cc sc K.Randlch Gateway So lo 15299 166 1063 cc sc K.Randich 3Co m 3870 48 port 77EF4EBR2C038 1618 cc sc K.Randich 3Com 3300 12 po rt 7MNV94902B8 1703 cc sc K.Randich 3Co m 3300 12 port 7MNV69SAFD8 1028 cc sc K.Randlch 3Co m 3300 24 port 7MMV4C4 2C98 1042 cc sc K.Randlch 3Com 330 0 24 port 7MMV6ECBAF8 10 51 cc sc K.Rand ich 3Co m 3300 24 port 7MMV72D 6558 1043 cc sc K.Rand lch 3Co m 3300 24 port 7MMV4C42F38 1041 cc sc K.Randich Dell Prec ision 7400 JFH 76L1 1450 cc sc K.Rand lch De ll Pr ec isio n 7400 C3S6TH1 132 4 cc sc K.Randi ch De ll Precisio n 740 0 DGC2 RH1 203 1 cc sc K.Randl ch De ll Optiplex GX620 D8GPGB1 1681 cc sc K.Rand lch De ll Pow eredge 850 38 YJRB1 1963 cc sc K.Randich De ll Pow eredge 860 DXLDQC1 1842 cc sc K.Randich Chambers Soun d System 1001 cc sc K.Randi ch Shure SCM -262 Mixer 1471 cc sc K.Randl ch D is posa l Aut hor ity : CC -Ci ty Commi ssion, C M -City Manage r Meth od o f Di sposa l: TF -tran s ferred; CA -ca nnib a lize d; SC-sc rapped; DE-cl es tt·oyed; TR-traded; DO -donated; SO-so ld Empl oyee Witn ess.: First initi a l, last.-npl oycc witness in g di sposa l met hod Depariment I lead Ap prova l / Date / 2-I ~ J/ Fi nance Director Approva l I Date ~· ..... JZL~ ....... -=='---------=-(....;:Z:;7+-/z"-~.....,_/_,Lt-V..L-._ C ity Mana ge r Approva l / Dat e @. 1 z. /z ,c~j_;v AGENDA ITEM: DATE: STAFF REPORT City of Atlantic Beach Commission Meeting Radio Services Agreement December 30, 2014 SUBMITTED BY: J. Michael Deal, Chief ofP~ STRATEGIC PLAN LINK: N/A AGENDA ITEM # 4C JANUARY 12, 2015 BACKGROUND: The City of Atlantic Beach currently utilizes the City of Jacksonville P25 radio system. The City of Atlantic Beach owns the 800 MHz radios and relies on the City of Jacksonville for repeaters and other infrastructure to operate. The majority of the radios utilized by the City of Atlantic Beach are within the Police Department. The City of Jacksonville radio system provides inter-operability with other law enforcement agencies in the area. Other departments in the City also utilize radios under this same system. Commencing on October 1, 2014, The City of Atlantic Beach was required to pay a fixed monthly fee of $54.21 per unit for service, support, and installation necessary to maintain continuous access and operation under the City of Jacksonville radio system. This is a $1.92 increase over last year's cost of $52.29 per unit. The City of Jacksonville has requested Atlantic Beach sign a First Amendment to Radio Services Agreement outlining this increase in cost. BUDGET: Approximate City-wide Annual Budget is $52,000. The increase in cost is already incorporated in the FY 2014-15 budget. RECOMMENDATION: Authorize City Manager to sign the Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. ATTACHMENTS: Radio Services Agreement and Amendment to Radio Services Agreement. \ REVIEWED BY CITY MANAGER: '--?'//. t/~ ;;7~ FIRST AMENDMENT TO RADIO SERVICES AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE CITY OF JACKSONVILLE AGENDA ITEM # 4C JANUARY 12, 2015 THIS FIRST AMENDMENT to Agreement is entered into this __ day of , 2014, effective as of October 1, 2014, by and between the CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, Florida ("Atlantic Beach"), and the CITY OF JACKSONVILLE, a municipal corporation in Duval County, Florida (the "City"). Recitals: WHEREAS, effective October 1, 2013, the parties made and entered into a Radio Services Agreement approved and authorized by Ordinance 2013-424-E (the "Agreement"); and WHEREAS, from October 1, 2014, through the day and year flrst above written the parties have worked together continuously and without interruption under said Agreement; and WHEREAS, Ordinance 2013-424-E authorizes the Chief of the Information Technologies Division, on behalf of the Mayor, and the Corporation Secretary to execute amendments to said Agreement; and WHEREAS, said Agreement has not been amended previously; and WHEREAS, said Agreement should be amended by accepting, adopting, and ratifying all actions of the parties under said Agreement from October 1, 2014, through the day and year flrst above written, by setting forth the monthly fee for the period of service from October 1, 2014, through September 30, 2015, and by exercising the flrst of three (3) one (1)-year renewal options so as to extend the period of service to September 30, 2015, with two (2) one (1 )-year renewal options remaining, with all other provisions, terms, and conditions of said Agreement remaining unchanged; now therefore IN CONSIDERATION of the mutual covenants and agreements hereinafter contained and for other legally sufficient, good, and valuable consideration, the parties agree as follows. 1. The above-stated recitals are accurate, true, and correct and are made a part hereof and incorporated herein by this reference. 2. All actions of the parties under the provisions, terms, and conditions of said Agreement from October 1, 2014, through the day and year flrst above written are accepted, adopted, and ratified. 3. Section 4(a) of said Agreement is amended by setting forth the monthly fees for the period of service from October 1, 2014, through September 30,2015, and as amended shall read as follows: "4. Monthly Fees. (a) Commencing October 1, 2013, Atlantic Beach shall pay the City a flxed monthly fee of $52.29 per Unit for the services set forth in this Agreement. Commencing October 1, 2014, Atlantic Beach shall pay the City a flxed monthly fee of $54.21 per Unit for the services set forth in this Agreement." 4. Section 7(a) of said Agreement is amended by exercising the flrst of three (3) one (1)-year renewal options so as to extend the period of service to September 30, 2015, with two (2) one (1)-year renewal options remaining, and as amended shall read as follows: "7. Term; Events of Default; Termination. AGENDA ITEM# 4C JANUARY 12, 2015 "(a) Term. The term of this Agreement shall commence on the effective date and shall expire on September 30, 2015, unless sooner terminated as provided herein. This Agreement may be renewed for two additional one year terms with the written consent of the parties. Any subsequent renewals shall set forth any revisions to the monthly service fee." SAVE AND EXCEPT as expressly amended in this instrument, the provisions, terms, and conditions of said Agreement shall remain unchanged and shall continue in full force and effect. [Remainder of page left blank intentionally. Signature page follows immediately.] 2 AGENDA ITEM# 4C JANUARY 12, 2015 IN WITNESS WHEREOF, the parties have duly executed this First Amendment on the day and year first above written, effective as of October 1, 2014. WITNESS: CITY OF ATLANTIC BEACH By: -------------------------By: ____________________ __ Name: Name: --------------------------------------------- Date: Date: ----------------------------------------------- Form Approved: By: --------------------------- ATTEST: THE CITY OF JACKSONVILLE By: By: ______________________ __ Name: Name: Title: Title: Form Approved: By: ~~--~------------------- Office of General Counsel G:\Gov't Operations\IMCain\ITD\P25 Agmts\AtlanticBeach.RadioServices# I. I20 I I 4revised I2. I2.doc 3 AGENDA ITEM: SUBM lTTED BY: DATE: BACKGROUND: C ITY OF ATLANTIC BEACH CITY COMMISSION MEETI NG STAFI~' REPORT Resolution 15-01 Heritage Tree Designation (391 8111 Street) Jeremy Hub sc h ~u"h C} ~ Building and Zo ning Director December !9, 2014 AGEN DA ITRM 1/6/\ J ANUA RY 12,2015 The owne rs of 39 1 8'" St reet are seeking to nominate an oak tree on their property as a l leritage Tree. They have a Live Oak that is approximately 31 in ches in diameter in th eir front yard. An arbo ris t has told them it is app roximately 100 yea rs o ld (sec letter, exh ibit 1). Accord ing to Sec tio n 23-4 1 (a) "The City Co mmis sio n may by resolutio n des igna te ind ividua l heri tage trees." A I lerit age Tree designation does not preven t a tree from ever being removed , but it does make it more difficu lt and costl y to remove . Protected trees have to be mitig ated at a ralc of o ne inch fo r every two inche s removed. A Heti tage Tree has to be mitigated at a rate of one inch for every inch removed . According to the Atl an ti c Beach Tree Code definitions, Heritage Trees are "any tree determined by the Ci ty Com mission to be of unique or intrinsic value due to it s age, size, species, and /o r cultural, eco logical or historica l signilica nec or some other contribu ti on to the city 's cha racter, specilically includ ing all Cyp ress, Live Oak, and Magno lia tre es w ith d iamete r 30 in ches or grea ter''. Howeve r, that is specifica lly for trees o n city owned property (ri ght-of-way and parks). "On private prope rt y, Heritage Trees are vo lunta ri ly nom inated by the property owner." This is the fir st tree on private property to ever be nom inated as a Heritage Tree in Atlant ic Beac h. BUDGET: No ne. RECOMMENDATION: Approve Resol ution 15-01 to designate 1'110 3 1 inch diamete r Live Oak tree at 391 8'" Stree t as Heritage Tree. ATTACHMENTS : nomina ti on; Resol ution 15-01 Written request from property owner; photos of the Live Oak tree up for REVIEWED BY CITY MANAGER: ,_ RESOLUTION NO. 15-01 AGENDA ITEM# 6A JANUARY 12, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 31 INCH DIAMETER LIVE OAK TREE AT 391 gTH STREET AS A HERITAGE TREE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida wishes to be a good steward of its tree canopy, and in particular specimens of physical and historical significance; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida has the ability to designate individual trees as Heritage Trees according to Section 23-41 (a) of the Atlantic Beach Code of Ordinances; and WHEREAS, the Live Oak tree at 391 8th Street located in the front yard and nominated by the property owner is 31 inches in diameter and approximately 100 years old; and WHEREAS, Heritage Tree designation runs with the property and strengthens the mitigation ratio if the tree is ever removed. The current mitigation ratio for Heritage Trees is 1:1 on private property compared to 1:2 for protected trees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA THAT: The 31 inch Live Oak tree at 391 gth Street is hereby designated as a "Heritage Tree". This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED this ___ day of ____ , 2015. Approved as to form and correctness: Rich Komando City Attorney ATTEST: Donna Bartle, CMC City Clerk Carolyn Woods Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear City of Atlantic Beach, AGENDA ITEM# 6A JANUARY 12, 2015 We proudly ask that you designate the Southern Live Oak on our property at 391 gth Street a Heritage Tree. We hope that it will become the first of many Heritage Trees in Atlantic Beach and that our city can one day rival Portland, Oregon, which is currently home to some 300 Heritage Trees. According to a certified arborist, our oak is approximately 100 years old and can easily grow to be hundreds more. This tree is part of a grove of Southern Live Oaks that intertwine to form a shady canopy and entrance to gth Street from Sherry Drive. Southern Live Oaks, once plentiful in Atlantic Beach, are becoming increasingly rare as gentrification changes our city's landscape. If cut down, this tree would be irreplaceable. We ask that you protect our Southern Live Oak by designating it a Heritage Tree. Thank you, Sincerely, G()ku' Marisa Carbone and John Finotti Homeowners, 39181h Street, Atlantic Beach, FL 32233 AGENDA ITEM# 6A J ANUARY 12,20 15 AGENDA ITEM# 6A JANUARY 12,2015 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 7A JANUARY 12, 2015 Ordinance 90-15-223 to amend Sectio;YJ~fthe City Code of Ordinances related to Through Lots v~ Jeremy Hubsch Building and Zoning Director December 23, 20 14 None BACKGROUND: On April14, 2014, the City Commission passed Ordinance 90-14-222 as presented by the former Building Director. This ordinance specifically relates to through lots between Beach A venue and Ocean Boulevard. The code prior to this ordinance had a special provision which stated that on through lots between Beach and Ocean, the front yard was to be Ocean Boulevard and the rear yard Beach A venue. This meant that detached garages could be built within 5' to 1 0' of Beach A venue, depending on their height. The code change that was implemented in April took away the special provision that allowed the rear yard to be on Beach A venue. The code now reads that through lots between Beach and Ocean are to be treated the same as through lots elsewhere in the city. On through lots elsewhere in the city, both street facing sides of the prope1ty are considered the front yard. This means that you cannot build detached garages, pools, or other accessory structures within 20 feet of the street on either street frontage. The code section that previously allowed special consideration for through lots between Beach and Ocean was in place because of the uniqueness of Beach A venue. Beach A venue is in many ways as much of an alleyway as it is a road. It is considered the rear yard for oceanfront homes, and has historically been the rear yard for homes on through lots between Beach and Ocean. As such, it is lined with detached garages and garage apartments. The Community Development Board voted 6-0 at the October 21st meeting to return Section 24- 84 code to its prior state, allowing Beach A venue to be the rear yard for through lots between Beach and Ocean. BUDGET: None. RECOMMENDATION: Approve Ordinance 90-15-223, amendment of Section 24-84 ATTACHMENTS: Proposed Ordinance 90-15-233 REVIEWED BY CITY MANAGER:. _---?j. _ _,_,----'1/;:_~=-==-"--=~-"-u"""'Ad~------------ ORDINANCE NO. 90-15-233 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7 A JANUARY 12, 2015 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 24, Article III, Division 4, Section 24-84 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 24-84 of the Code of Ordinances, specifically the Land Development Regulations of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 24-84. Double frontage lots. (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88 (b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double {i-ontage. For double frontage lots extending between Beach A venue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. ORDINANCE NO. 90-15-233 Page I of2 AGENDA ITEM #7A JANUARY 12, 2015 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 12th day of January 2015. PASS ED by the City Commission on second and final reading this 26th day of January 2015. ATTEST: DONNA L. BARTLE, City Clerk CAROLYN WOODS, Mayor, Presiding Officer Approved as to fmm and COITectness: RICHARD KOMANDO, City Attorney ORDINANCE NO. 90-15-233 Page 2 of2 A G ENDA ITEM: SUBM ITTELl llY: C ITY OF A TLANTlC BEACH ClTY C OMMISSION MEETING STAF F REPORT Beaches T own Ce nter W11y fin ding Sig nage Jeremy Hubsch Bui ld in g and Zo ni ng Direc tor DATE: Dece mb er 19 ,201 4 S TRATEGIC PLAN LINK: No ne A GENOA ITEM # 8A JANUARY 12,2015 BACKGROUND: The Beaches Tow n Ce nt er Age ncy is seek in g to a dd way lindin g s ignagc th ro ugho ut th e Town Ce nt er. Thi s is an e ffort to help vis it ors to th e T ow n Cen ter loca te bu s in esses. Th e propo se d s ig nage has a map of th e To wn Cent er a nd di recto ry of bu s in esses, s imil a r to what yo u wou ld sec at a ma ll. They are propos in g s ix signs t hro ug ho ut th e Town Cent e r, w it h two loca ted within Atl anti c Beach's bo und ari es. Th e oth er fo ur s igns have bee n appro ved by th e Ci ty of Nep tun e Beach Comm iss io n. Secti o n 17.42 (14) of th e sign co de says th a t pri va te signs o n Atl anti c Beach prop e rt y mu st be approved by th e C ity Commi ss ion. Th <.: two pro pose d s igns are within th e ri g h t~ o f way a t At lanti c and Ocea n Bouleva rd 's and a t Atl a nt ic Bo ul evard in fr o nt o f Poe's Tavern (Sec Exhibit I fo r s ign l ocati ons and re nd erin gs). The Atla nti c Beach Po li ce De pa rtm ent reviewed th e prop ose d s ig nage loc ati ons t o de termin e if there are a ny pub lic safe ly or Ji n e~of-s i g ht iss ues. O ffi cer Jamison visit ed th e proposed locati ons and has co nce rn s about th e pl ace ment o f the s ign at th e co mer of Atl anti c and Ocea n (s ee ex h ibi t 2 for deta il ed report). City st affers arc go ing to meet with th e app li ca nt s pri o r to th e Janua ry l 2 111 mee tin g in ord er to rind a more s ui ta ble locati on for th e sig n at Atl anti c a nd Ocean. BUDGET: N o n e. RECOMME NDATlON: A pprove sign , co ntin ge nt upo n A B PO and starr fi ndin g a more suitab le locat io n for s ign at co rn er of Atl antic an d Ocea n. ATTACHMENTS : Si gn Pla ns fi ·o m Harbin ge r Signs, and Publi c Sa fety M emo fro m Atl a nti c Beac h Po lice De partm ent. R EVIEWED BY CITY MANAGER : ~ . '--Z'~ v~ <c,- Z·TOAL 2'-3" c;A61HET 114"PAJNT'EOA1.UM.-------, BACKER PANEl OIGITAl.lY PRINTED HEADER I" OIA. SECURITY ------1-+-o. __ STANDOFF . ~ ~ .. ·o ~:~f.::~--•'!.. .....t,..._ _ ....... ~""--~--·.._~""".. -.£---~--:-.-· 0 ---······-·-·--0 I"X4" PAINTED ------w==::::::::::::::;:::::::::::::::::~ Al.UM. RECT. TUBE ROUTEOAl.UMOE"TAA.----4+-------' 2"X4"PAINTEO Al.UM. TUBE 314". 1"-o'" harbinger. sig11 t1f the future R~r ~ss..nc• z o l.t9c» Sutton P¥k Ofi'oP' 5.C\otn. 5'tf. -'CO J.lck}Of"\11 t•. no,kl~ l2224 •"POST BTOOD-Rl r. \C~tM'It"'S\8tu.nH To.vn Ctf\f¥1 1&TCIO~·Rl<dr H rf--------I"X1" Al.UM. BAR H ----PAINTED 114" Al.UM. PANEl 6" THICK POLYCARBONATE W I GRAPHI C SECOND SURFACE SUNK SCREWS \H-------1" OIA. SECURITY STANDOFF IC:*----I'X4" AI.UM. RECT. TUBE r111:11c•'• ~ IMt•ll: 1:-:tOtJTit\lonll SIGns .,AHUFACT\JRE & OElJVER FOUR fCl CUSTOM SIF NQN.IUIJNINAtm INFOAMATION I<IOSKS. 1"X4" AL1.N. TUeE FOOTER WON8ER TO BE WElDED TO TlC4"X114" AlUM. POSTS. <l"lC6"XI/4"AlUiol PO..E Sl.EiVES WI 1/T ALUM. DECORATIVE FL.AHGE. & 1"X1• ALUM. TUBE AU.PAINTB) USING SPAAVLATWILOW GlOSS a...EAA COAT. stGN MAl' GRAPHICS TO SE DIGITAlLY PRitTEO JM 772.5-114 a..EAR VINYl BAOCEO WI 3M 7725-10 WHI'TE APPlED SECOND SIR' ACE TO M6" POI.YCAAeONAre. -IC AnAa<EO TO TWO COl. OR PAIHTEO 1/4" Tl<IQ< AlUW. IIAO<m PN<EI. W/IU" DEEP 8AAAEI. & 5/16" DEEP SECURITY STANO OFF CAP FRONT & !lACK. "WAVE" OETM. ROUTED INTO 114" AlUioliiACI<ER PANEl. & PAINTED USING SI'IV.YlAT WI LON GlOSS ClEAR COAT. BEACHES TOWN ca<TER" LOGO TOSE DIGITAllY PRINTED ON :IN 110C·1 0 WI :IN 1$20 LAMINATE APPliED F1RST SURFACE. NOT'E;~~~ OAKSVa..ECTl'Od tN' •. :'"E \.POf' n. I!££ P .. Of£:-k.1 CQ.QRs N'« Te::! HOn:FOOn.~:.SIZS: &OEP'n l r90. l'ln (, ... \,~~"''J. t'.rst~r ~ro'l.l; "'I' 11::.V.Oifntr:<;.(llllo;tSf'.IJtt.ttJIIIt.i.qtN.O I:J -en OA: t•tttn ~ AJo"U'"...&a..r: c~n tl• lil(!t...JPOI".t.Y:S ar Tttl t.C'·~Q11 »0 .;41 1.-.r;~r~.~~.c. ·.o.rrt.ai'C'2('11fc.•.~:.CCJ~rttPt~ 1,.. ru~ta'tOK 1.;f0fdll'la:NCTI'1rt~r~.;rm M~tJl<f. ·.QJ~t$ .. ~:X~ uc "~ pr:rw. L?o.'owu::Mt.'•""' ~M'~''4 r •.c:. :"o rJK ~ o;,; nc ;!)(), :n< AGENDA JTEM # 8A JANUARY 12, 2015 Z~'OAl 1·aa· CASINET , .... POI.YCAASONATE 1/4" PAINTED ALUM.-----+- SACKER PANEL if~~ 1" CIA SECURITY ---------+-<:::0.1'.:~ ._:~~=o STANDOFF ROUTEOALUMDETAIL ----+f---_J 2"X4" PAINTED ALUM. TUSE THROUGH BOLT-----hi 4"X6" PAINTED ALUM. 4"POST H ,.--------1"X1" ALUM. BAR 1+---PAINTED 1/4" ALUM. PANEL <8-i----COUNTER SUNK SCREWS 3/1 6" THICK Pel YCARSONATE W/ GRAPHIC SECOND SURFACE '+---------1'X4" ALUM. RECT. TUBE POLE SLEEVE ~--.--1-'-+--,r----r--t-''-t-,--...L-.L..------.-+-+--r--- MANUFACTURE & DEliVER TWO (2) CUSTOM OiF NON-rl.LUMINATEO INFORNATION KIOSKS. CONCRETE FOOTER I "X<' ALUN. TUBE FOOTER MEMBER TO BE WElDED TO 2'X•'X1/4' ALUM. POSTS, •"X6"X1U"ALUM. POLE SLEEVES W/ 1/2' ALUM. DECORATIVE FLANGE. & I'XI' ALUM. T\JBE ALL PAINTED USING SPRAYlAT W/lOW GlOSS ClEAR COAT. ~GN MAP GRAPH ICS TO SE OKiiTAU.Y PRINTED 3M n25-11A CLEAR VINYl. BACKED VI/3M 7715-10 WKrrE APP\.IEO SECOND SURFACE TO 3116" POl. YCARBONATE. GRA.PIIIC ATTACHED TO TWO COLOR PAINTED IU' THlCK ALIJM. BACKER PANEL W/1/4' DEEPBAAREL&SN6'DEEPSECVRITYSTAND OFF CAP FRONT & BACK. 'WAW' DETAil. ROUTED INTO IU' ALUM. BACKER PA.Na& PAINTED USING SPRAYlAT WI LOW GLOSS CUEAR COAT. BEACHES TOWN CENTER" LOGO TO BE DIGITALLY Pfl1NTED ON 3N 180Co10 W/311 8520 t.JW1NATE 1\PPUEO FIRST SURFAce. NOTE.: ARTWORK Sli8Jt-CI lO CH,.,_,Gt-IJPO~ EHGINfER ~1FW. NOTE: AU.COlORS AR£TBO. HOT!.: FOOTtNG SIZE 4 OE.PTJ 11BO. l ~F~·~~t~An~d7S~id~e~8~·~·~~o~n~-N~~~~~~~·n~ru.d~~S~n~d~e~F~•~~~AI=um~i~~~~~~~o~~~m~~~S~~="~·~S~1R~n~C~---------------------------------------------------------------------------------------------------------- 314" ~ 1'-Q" R~ti.OUSMK:e ZO 13901 'SuUOt'l P..1rK Of.~ 50\llft. ~t~ 400 AlcltSOI'I .. 'Iilf, n')IICI) 3i;,l24 STCIOO·Rj F:\C\;~lom•~\9t.ati~ To~n CQN•r \B TC100·Rltdt ft~tliute &. lnsttU: lnfottr.otloneJ SIQM o.ZO IZ• CI'!ICIN~ CCNCfPl 9,;9:2 REVISED• Ck 06.C4.14 · Rl • ~W cn..r.q~ ·to .... ht\ t~\\!!.! .., .. ,.l'("~r;¥. Ciltli'IUC~t'il'l-lttmt~c;:Nt~l TO~I.A:('(~U~CCOi!~ M0'~1j f!JIM~NOIIAK:JM '""~;a~ rao: -tiD 011 net:'~' :nc AGENDA ITEM #SA JANUARY 12,2 015 Me1110 To: Lt. Cameron Cc: Cmdr. Gualillo From: Ptlm. C.S. Jamison Date: 10/31/2014 Re: Town Center Directory Sign Review AGENDA ITEM# SA JANUARY 12, 2015 Atlantic Beach Police Department Atlantic Beach, FL 32233 Phone: (904) 247-5859 Fax: (904) 247-5899 http.:l/www.coab.us On 10/21/14, you directed me to review and evaluate proposed directory sign design and location installation plans for the Town Center area in Atlantic Beach. Only two of six proposed signs are in Atlantic Beach. I reviewed those locations only. I have reviewed the plans and the area and believe one sign should create no issues to public safety while one sign does leave some concerns in my opinion. I should note the plans submitted to the Police Department on the sign installation locations were not precise for one of the signs I was asked to review. My review is included below. The first location I will address is the sign location for the 300 block of Atlantic Blvd. The specific location for this sign is identified near the crosswalk which runs across Atlantic Blvd in front of Poe's Tavern (363 Atlantic Blvd) to the 7-11 Store in Neptune Beach (301 Atlantic Blvd). As the roadway location does not involve an intersection and is a mid-block crosswalk location only, I do not have any concerns for line-of-sight conflicts for vehicular or pedestrian traffic. Reviewing the location, if the sign stipulated in the plans is placed adjacent to the east/west sidewalk near currently installed benches and a large turtle statute, I do not feel the sign will create any public safety conflicts or hazards. The sign should not be located any further south towards Atlantic Blvd away from the edge of the east/west sidewalk as that would create a concern for line-of-sight at the mid-block crosswalk. The second location is proposed for Atlantic Blvd and Ocean Blvd (northwest corner of intersection). This location is a four-way intersection that is signal-controlled both for vehicles and pedestrians. The proposed location for the sign is in a planting area where the east/west sidewalk of Atlantic Blvd and the north/south sidewalk of Ocean Blvd meet. I do have some concerns with the specific proposed location of the sign but not the general area. Reviewing the design schematics for the sign, it is showed to be approximately 6 feet 8 inches tall from ground level to the top of the sign. The sign display area itself composes approximately 3 feet 7 inches of that space. The only gap is between the ground and the bottom of the sign, which is just over 3 feet. The main concern I have with this is that this planter contains bushes that are approximately one to two feet tall. While the sign is approximately 10 to 11 feet from the roadway • Page 2 AGENDA ITEM #SA JA NlJAf~Y 12,201 5 edge, I have a concern that it co uld block the view of someone on the sidewalk from a vehicle or vice versa . Existing palm trees in th e same plan ter add additional visual barri ers to th e crosswalk approach . Thi s sign would crea te an add iti onal obstruction makin g it harder to see the crosswalk area . I do think th is cou ld be remedied fairly simply by moving the sign 's proposed location north on Ocean Blvd 10-15 feet. T his is s till with in t he same planter but not so close to the intersection that it ca uses a visibility concern. Another suggestion would be to modify th e sign design to be shorter, preferably less than 4 feet tall . If it was redes igned into possibly a sho rter, angled display , this would eliminate th e vis ibility concerns I have . I inclu ded an image example of th e sig n design below. In no case should a sign be moved close r to th e roadway edges of Ocean Blvd or Atlantic Blvd . This co nclu des my rev iew. Please let me l<now if yo u have a ny question s o r concerns. Figure 1 • Example of Shorter, Angled Sign sTREET AHERN -- L . -. .. • • • • ATLANTIC BLVD. MAIN PEDESTR~~~1· ROUTE DIRECTORY LOCATIONS CONCEPT NO SCALE s AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATlANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8B JANUARY 12, 2015 Seminole Road Drainage lmp?Jments Douglas E. layton, P.E. M_( f ~ L __ . Public Works Director u J December 29, 2014 Seminole Road is budgeted to be reconstructed from Atlantic Blvd to 5 points. Features desired in the project were stormwater, water and streetscaping improvements. Genesis was selected as the design firm and the Commission awarded a design contract to them early in 2014. On September 30, 2014 a neighborhood meeting was held to obtain input from the public on the conceptual design. Approximately 30% of the neighborhood attended the 9/30 meeting. On October 13, 2014, the Commission discussed some of the design features contained in the conceptual design. Public Works was asked to hold the design at the conceptual stage and come back to the Commission with more illustrative graphics and further consideration of design options. The presentation accompanying this report is in response to the Commission request of 10/13/14 and contains additional graphics and a list of design options with recommendation for each option. These documents are provided for discussion by the Commission BUDGET: $1,600,000 is contained in the FY'15 budget for these improvements. RECOMMENDATION: Obtain a consensus of the Commission to move forward with design of the project utilizing the recommended design options. ATTACHMENTS: Graphics and Design option ' REVIEWED BY CITY MANAGER: ·--;?r, V~ / U-=u Seminole Road-View Looking North 11.18.2014 Seminole Road-View looking North-With Parking -WI Oak Tree "" 11.18.2014 Seminole Road-View Looking North-With Parking I Miami Curb-WI Oak Tree 11.18.2014 Seminole Road -View Looking North-No Parking .--v --11 CABBAGE PALM LIRIOPE I BULBINE I AGAPANTHUS DWARFFAKAHATCHEE I SAND CORD GRASS I MUHL Y GRASS DWARFFAKAHATCHEE /SAND CORDGRASS I MUHLY GRASS ORNAMENTAL PEANUT I ASIATIC JASMINE MUSCOGEE CRAPE MYRTLE SAGO PALM ORNAMENTAL PEANUT I ASIATIC JASMINE LIRIOPE I BULBI E I SHORE JUNIPE T AS RED FLAX L1 Y ' . / --------------------------------~ --------------------------------I~, T I ,~0 ~r B'"GlE N E ;.~ ... __ ,.. _____ ...__ ...... ~-IKJ'ID,J'I· ...... .... ~ . ..._. ~- -'\) ~<'I ? ~ u·~ A>~ --0 ·~ ~ ~ 0 PLANT MATERIAL OPTIONS FOR SEMINOLE ROAD Native Grasses Muhly Grass Dwarf Fakahatchee Grass Evergreen paspalum grass Sand Cord Grass Flowering G round Cov er Bulbin e Sh o r e Juniper Liriope Tasred Flax Lily Ground Cover Ornamental Peanut Asiatic Jasmine Flowering Understory Tree Muskogee Crape Myrtle Seminole Road Conceptual Streetscape 00.18.14 Des91Sectioo I aG.. PH. s .. ~ s Jl l~t=r.Q" Cio'.DICIDI:' W ~-..o City of Atlantic Beach Seminole Road Improvements Feature Options Recommended Current Design Pro Con PWComment Project Build No Build Commission level Decision Replacement of aged storm Cost. Neighborhood concerns Old water & storm piping replacement, nusiance &water Piping. Beautification. flooding, beautify City entrance Reduce nusiance flooding Stormwater Treatment Bios wales Build Large Pond Bioswales Landscaping allowed in bioswales Pond reduce park space Stormwater treatment required by SJRWMD if road reconstructed Curbing Standard Miami Standard Protects swales. Extends S point Concern expressed about appearance of standard curb. Standard curb important to reduce swale look Reduces ability to park on swales/grass maintenance Parking Minimize Eliminate Minimized Allows current use. Beautifies and Neighborhood concern. Odinance currently prohibits. Reduced to S spaces per block to balance organizes parking. Replaces Enforcement issues. Concern about opening door into traffic current use and neighborhood concern. Plus parking eliminated by ped path additional parking at Russell/Howell Park. Some residents in favor. Parking width is 9-1/2'. Midsize car is 6' wide Swale Landscaping Plantings Grass Plantings Plantings improve beautfication Grass reduces maintenance and increases ability to park Plantings will increase maintenance budget approx $8,500/yr 8' Ped Path -West side Construct Replace existing 4' 8' ped path Improved path use & safety. Loss of 4' driveway parking on west side & greenspace 8" ped path in this location meets an unfunded sidewalk w/ 4' or 6' Reduced cost portion of the safe path to school plan 4" Raised Crosswalks Construct Eliminate Construct Increased safety. Speed reduction "Bumpy" traffic calming on through road Included for pedestrian safety and traffic calming Irrigation Construct Native Species Native Species Will help maintain landscaping Cost. Water usage Not in current project budget. Approx $30K appearance and allow non-native initial cost. species Bike Path Construct Not Construct Not Construct Allows on street bike traffic Increases road width 8'. Loss of "yard.11 & greenspace. Ped path allows biking by casual bikers. Increased cost about $30K. Serious bikers currently use East Coast. Not in current budget. treet Lights Construct Not Construct Design Neighborhood desired. Safety Current cost estimate is $240 Street lights for ped path are currently being enhancement designed. Plan is to minimize cost and bid as alternate for funding decision at award. SZ40K current estimate Tree Islands-minimum 12' Construct Not Construct Not Construct Ability in include Oaks in project. Concern with safety and driveway access. Loss of "yard." Not 3 potential locations identified. Not currently in W x 70' length Lighted tree would beautify in budget design. Adds desirable City entrance feature near Atlantic Wider Driveways Widen Replace existing Replace existing Minimize parking loss due to Not in budget 10' x 2Z' is approximately $1,600 per widened increased s/w width drive to r/w. Resident would have additional cost. 3'x 3' Driveway Cart Pads Construct Not Construct Construct Minimal cost Ususual This is an unusual, low cost feature to assist citizens access driveways on trash days AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING Request from the Fletcher High Band Boosters Timmy Johnson, Recreation Director {# December 15, 2014 AGENDA ITEM# 8C JANUARY 12, 2015 At the December 10 Cultural Arts and Recreation Advisory Committee meeting, Fletcher High School Band Boosters requested funding to send the Wind Ensemble to the 2015 National Invitational Band & Orchestra Festival at Carnegie Hall in New York City in April. The cost of the trip will be in excess of $65,000. There are nine members of the group that reside in Atlantic Beach. Through a motion, the Committee recommends making a $2,000 donation to the Fletcher High School Band Boosters to support sending nine members of the Wind Ensemble to the 2015 National Invitational Band & Orchestra Festival at Carnegie Hall in New York City in April. A couple years ago the Committee made a donation to support Fletcher Band uniform purchase. The Committee has a $4,000 discretionary budget. Request from Fletcher High School Band Boosters Authorize the City Manager to make a one-time donation in the amount of $2,000 to the Fletcher High School Band Boosters to support sending nine members of the Wind Ensemble to the 2015 National Invitational Band & Orchestra Festival at Carnegie Hall in New York City in April. REVIEWED BY CITY MANAGER: ·~~. !.A:~ ;;7~ tc/ier :Higli Sclioot:BanalJooJ't ers 700 Seagate .Jiventte .?Ve. tune 11eac/i, f/Oricftz 32250 October 2~ 2014 Am~NOA IT EM # 8C .JA NUARY 12,2015 We are w riting on be half of th e Duncan U. Fletch er Hig h S ch ool Band Boos ters Associatio n, In c., a not for profit g roup establis hed under Section 501 c (3): operating exclusive ly as a band booster association for t he pwposes o.f providing s upport to th e Duncan U Flet ch e r High Schoo l Band. We currently serve approxim ately J 03 Band s tudents involved in vario us musical ensembles throug hout th e school year. R ecen tly, o ur mos t advanced group of musicians, th e Fletcher Hig h Sch ool Wind Ensembl e, received an invitation to partic ipate in th e 2015 National In vitational Band & Orch estra Festiva l at Carnegie Half in N ew York City in Apr il o,(2015. Thi.<.,· exceptional educ ational opportunity l!vas ext ende d.fo llowing application a11d r e vie w by commillee of a r ecorded p e1:{ormance o,( o u r Wind Ensemble. Th e National Invitational Band & Orc h estra F esti val at Carnegie Ha ll g ives the most e lite c hoirs. bands and orch estras th e opportunity to pe1:(orm on th e Ro nald 0. P er elman Stage in the Isaac Stern Auditorium, and learn under th e direction of the internationally a cclaimed adjudicators and conduc to rs. We huve f o rty vety dedica ted high school n1usicicms in o ur Wind Ensemble. The .financial commitm.ent to get this talented g r o up o.f young musicians to Carnegie I fall April 1-4. 20 I 5. will b e in e.xcess of $65,000. We know, with out th e s upport o,( our community a nd community organiz atio ns, th e .financial burde n will fa ll back o n individua l s tuden ts and th eirfamilies. In an effort to e nsure that n o one is l efl b ehind as our bus heads for New York City, we have pledged tllatfinancial o bs tacles will n o t b e a concern for th ese talem ed c hildre n. We so h ope we can count on your support of our Wind Ensemble as th ey proudly represent the Bea ch es Communities and th e City of Jacks onville. Your tax-deductible donations may h e mude directly to : The Fle tch er !Jig h S c hool Band B oosters, 70 0 Seagate Ave., Nept u ne Beach , F'L 32266 Or Online at www.fletcherband.com by selecting th e Donate huttrm. Beth Peterson, Preside nt F let ch er H igh School Band Boos ters ti'II '\V.fletc h e rband.cvm J o nathan M aerkl, Band Director Duncan U. Fletch er Hig h School maerkl j@dtll'a /schools. org 904-247-5905 X/046 Thank you for your donation!! '/ioot 2Jana :tloosters 700 Seagate YlYenue we tune JJeacli f/Oridi:z 32266 Timmy John son, Direcwr Recrea tion and Special Events City of Atlantic Beach, Fl Dea r Timmy. 1JecemGer ~ 2 014 AGENUA ITEM# 8C JANUAI{V 12,2015 Please allow this fell er to act as an 11pdate to th e lell er fo nllorded you by May or Woods aski11g[or your help in getting "o 11r " kids lo Ca rn egie !/all. 1 have atta ched a copy for your.files. Our Fletcher Wind Ensemble have bee n invited to pe1:(orm CJt Carn egie flail in April of 201 5. This is the .first tim e in th e hist01 y of Fletcher's band program thai th ey ha1·e had em opportunity to p e1:{orm at s uch a prestigious venu e. You can imagin e th e excitement of these band s tudents as th ey begin disc ussing th e details of this trip . The 40 memb er Fletcher Wind Ensemble will be making th e trip along with the band director and req uired chaperon es. Th e total cos t of th e trip exceeds $65,000. Unfortunately, no .funds are available from Dul'lll County Schools to cover the se expenses. Of the forty Wind Ensemble members, approximately 20% of th em are onfi'ee and red11ced lunch programs, and represent the At/anti<.:, Neptun e. and Ja cksonville Beach es 01'eas. Our parent s upport organ ization. 'fil e Fletcher High School Band Boosters (a 50 I @{3)) is actively app ly ing for grants, sponsoringfimdrais ing opportunities and seeking donations .from our co mmunity . This opportunity was presented to us at a lim e wh en we were in th e middle of footba ll and marching co mp etition seas on , and when all parent volunteers were heavily involved in tl1at capacity; hosting co mpe titions. working concessions and all oth er duti es required during.foothall and co mpetition season . AGENDA ITEM# SC JANUARY 12, 2015 To date, the children have raised over $4,556 by participating in car washes and musical performances at local venues, and the Band Boosters have received donations totaling $4,450.00. Were we to be successful in securing the grants for which we've currently applied, we would still have a $50,000 deficient that will become the financial responsibility of our band families. Therefore, we reach out to you for help in getting "our" kids to New York, to proudly represent our Beaches communities. Sincerely, Debbie Campbell NY Fundraising Committee Fletcher High School Band Boosters 904-403-1500 FLETCHER HIGH SCHOOL WIND ENSEMBLE AGENDA ITEM # SC JANUARY 12, 2015 Front Row, L to R: Mya Hixon, Devin Johnson, Zane Rapelye, Angelica Edington, Bryce Chan, Kaylie Brubaker, Travis Carter, James Hutfles, Nicholas Marchigiano, Lee Wolf, Samantha Mills, Katie Tillis, Molly Coburn, Zoe Kiramarios. Second Row, L to R: Andrew Copeland, Alex Mcintyre, John Campbell, Tristan Emahiser, Riley Jacobs, Anthony Almand, DJ Foster, Joseph Peterson, Parker Quinlan, Jared Peterson, Nicole Downey, Chad Erickson, Phillip Riik. Back Row, L to R: Mr. Jonathan Maerkl, Mark Dowling, Tyler Hixon, Benny LaGoy, Blaise Bowman, Anna Gyland, Kai Cornwell, Peter Perez-Corona, Max Foster, Josh Mullis, Lance Rapelye, Juliet Nigoghosian. Duncan U. Fletcher High School Wind Ensemble 2014 -2015 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Atlantic Be ac h Country Club Acceptance of Utilities fo r Ownership and Main tenance SUBMITTED BY: DATE: Donna Kaluzniak, CEP, Utility Director (!!) December 29,20 14 STRATEGIC PLAN LINK: GolfCourse BACKGROUND: At lantic Beach Partner s ha s comp leted co nstru clion of the water, sewe r, and reclaimed water infras tructure for the Atlantic Beach Country Cl ub subdivision. Co ntractors have comp leted constr uction in accordance with approved plan s, and submitt ed all necessa ry documentation. Cit y staff completed a final inspection of the inl'ra stru ctme, and the Departmen t of Environmental Protection ha s c leared the water, sewe r and reclaimed water systems for se rvice. Documentation subm illcd includes: • Engin eer's Cert ifi cate of Comp liance • C learance Cert ifi cates on Water, Sewer and Reclaimed Main s • Pressure Test Certifications • Pump Station Start-Up Report • Operation/Maintenance Manual • Locate Wire Tests • Record ofFinal Inspection • Owner's Affidav it • Dedication Asset Breakd ow n Lette r and Schedule of Values • BillofSalc • As-Built Drawings • Orig inal Warranty for one year effective on date of City accep tance • Recorded Plats • Easement documents BUDGET: No immediate imp act to ope rating budget. Th e schedu le of values included in th e Acceptance Package will be added to the City's assets in the amount of$1 ,337,324. RECOMMENDATIONS : Accept the water , sewe r and reclaimed water infra stru cture in th e Atlanti c Beach Country Club subdiv ision for ow ne rshi p and maintenanc e. ATTACHMENTS: l. Schedule of Values to r Atlan tic Beach Co untry Club ~ REVIEWED BY CITY MANAGER : -~7. lYc2~ ~ G( AGENDA ITEM I# 80 JANUARY 12,2015 C IIY OF A rLANTIC BEACH PROJECT NAM E DEVELOPER/OWNER WATBRMAINS 031.4 WATBR VALVES 831.4 WATER HYDRANTS 835.4 WATER SERVICES 033.4 RI!CLAIM MAINS 8715.6 RI!CLAIM VALVES 875.8 RECLAIM HYDRANTS 876.6 RECL AIM SERVICI!S 066.6 SER WER MAIN/GRAVITY 861.2 SEWC:A MAIN/FORCE 860.2 SEWER MAN HOLeS 001.2 SEWER SERVICES 063.2 PUMP STATION 071.3 AGENDA ITEM# 80 JANUARY 12,2015 Developer Contribution • Sc h ed ulo of Valuos Wnler I Recl aim and Sower ATLANTIC BEACH COUNTRY CLUB ATLANTIC BEACH PARTNERS, LLC DATE 11/11120H PROJECT II 14002 COUNT Y ~D~U~VA7.L~----- 01/nnllly COAO OIVIIOI Slzo Typo foot/Ena h Unit Cost l'nrUcJpnllon Pnrllclpnllon Orand Total 10" FUSEABLE PVC 190 120.00 22,000.00 0' PVC DR 10 0200 22.00 100,400.00 4' PVC DR 10 760 10.50 7,980.00 2' PVC SCH 40 900 5.00 4,500.00 a· GV&BOX 23 2,235.24 51,4 10.52 6" GV & BOX 16 1,67 4.30 26,786.80 4" GV & BOX 2 095.60 1,791 .20 6' FIRE HYDRA NT 16 3,560.00 57,200.00 2'' FLUSH 9 970.00 8,730.00 1.5" LONG DOUOLE 35 703.82 24 ,633.70 1' LONG SINGLE 9 396.'19 3.560.41 1" SHORT SINGLE 99 365.90 36,232 .02 10" FUSEABLE PVC 190 120.00 22,000.00 o· PVC DR 25 7900 20.30 160,370.00 6" PVC DR 25 220 15.90 3,490.00 4' PVC DR 25 1000 13 .32 13,320.00 2" PVC SCH 40 1360 4.90 6,664.00 0" GV&BOX 2 2,015.00 4,030.00 4" GV &BOX 5G5 .4G 565.46 1.5' LONG DOUBLE 9 693.12 6,230.08 1' LONG SI NGLE 99 427.56 11 2,328.44 1' SHORT SINGLE 35 353.14 12,359.90 a· 4·8' PVC SOR 26 3106 16.56 51,435.36 0" 0·14' PVC SDR 5091 19.53 99,427.23 0" 14 ·10' PVC SDR 44!1 33.66 15,034.81! 4" PVC DR 10 1600 5 .19 6,304.00 SEWER MH 45 3,7 14 .00 167,130.00 6" SEWER 170 022.00 146,316.00 Silo Addro u101 n1ona lo no: Lond tmprov Qrnonl 1,000.00 1,000.00 Fonco I 3,500.00 3,500.00 2 30,100.00 7 6,200.00 WOIII'OtiNoutt 45,000.00 45,000.00 Eklct~c Sorv/co PL~np Oulllssombly 25,600.00 25,600.00 GRANO TOTAL $ 1,337,324.00 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM # 8E JANUARY 12, 2015 AGENDA ITEM: Release and Settlement Agreement between City of Atlantic Beach and the City of Jacksonville resolving all existing disputes between them relating to tipping fees. DATE: January 2, 2015 SUBMITTED BY: Nelson VanLiere, Finance Director ---.. , ( /~ ) ··~ STRATEGIC PLAN LINK: Tipping Fee Settlement Goal; This goal is to resolve the issue with the City of Jacksonville about payment of tipping fees for the disposal of refuse from Atlantic Beach at Jacksonville landfills in a manner that is fair and equitable to both sides. BACKGROUND: In 1995, the City of Jacksonville and the City of Atlantic Beach agreed through an inter-local agreement that when Jacksonville imposed a uniform solid rate disposal fee against its residential premises so that it is no longer funded by property taxes, then Atlantic Beach would begin to pay the landfill tipping or disposal charges. In October 2011, Jacksonville imposed a fee to its residents and claimed that the criteria had been met. Rather than pay the charges, Atlantic Beach disputed that the charges were not uniform and that we had not been adequately notified to quickly begin paying the charges. Atlantic Beach was in the middle of a multi-year contract for garbage services and was not prepared to raise garbage rates at the time to recover the added costs. The dispute has frustrated both Jacksonville and Atlantic Beach since 2011. During this period from October 2011 to June 2014 the monthly bill for disposal continued to grow approaching $975,398. In an effort to resolve the dispute, the City offered a settlement agreement for the past due amounts and as a measure of good faith negotiated a new contract with its franchise hauler to provide services at a rate that would include disposal fees. Atlantic Beach began paying the fees as of June 1, 2014, thereby stopping the disputed amount of outstanding bills from getting any larger. Staff members from both Atlantic Beach and the City of Jacksonville have, since the beginning of this year, worked hard on the garbage contract renewal and on the attached agreement to come to a settlement that is a fair and equitable division of the amounts owed. The $322,709 represents a portion of the accumulated outstanding invoices originally sent in the amount of approximately $975,398. In addition to the reduced amount agreed upon, the City will charge Atlantic Beach 50% of the rate charged for the disposal of sludge from our sewer plant from June 1, 2014 and into the future. AGENDA ITEM# 8E JANUARY 12, 2015 This settlement takes into consideration that neither Jacksonville nor Atlantic Beach were ready for the change that occurred in 2011. As a result, the amounts agreed upon in this agreement when paid will satisfy all of the past due amounts owed Jacksonville. It is both Jacksonville's and Atlantic Beach's desire to resolve this issue now that an equitable resolution has been agreed to at the staff level. Both parties are now to seek approval and our expectation is that Jacksonville will place this agreement on the City of Jacksonville's agenda in the very near future. BUDGET: The agreement is subject to passing Budget Ordinance 20-15-129 that will transfer $322,709 from the General Fund Reserve Balance to the Sanitation Fund where the amount will be paid to Jacksonville and recorded as a Sanitation expense in our financial statements. The amount is to be paid within 60 days of both parties approving this agreement. RECOMMENDATION: Authorize the Mayor to sign the attached Release and Settlement Agreement and authorize the City Manager to pay Jacksonville the amounts due upon this agreement being fully executed by both parties. ATTACHMENT: Release and Settlement Agreement between the City of Atlantic Beach and the City of Jacksonville. RELEASE AND SETTLEMENT AGREEMENT AGENDA ITEM# BE JANUARY 12, 2015 This Release and Settlement Agreement ("Agreement") is entered into between the following parties ("the Parties"): the CITY OF JACKSONVILLE ("Jacksonville") and the CITY OF ATLANTIC BEACH ("Atlantic Beach"), both political subdivisions of the State of Florida. RECITALS WHEREAS, in 1995, the Parties entered into an agreement to amend the 1982 Interlocal Agreement; and WHEREAS, the 1982 Interlocal Agreement and the 1995 Amendment shall continue in effect until a new Interlocal Agreement is entered into between the Parties; and WHEREAS, the Parties agreed previously that if Jacksonville imposed a uniform solid waste processing and disposal fee ("uniform fee") against residential premises, Atlantic Beach would be required to pay solid waste processing and disposal fees ("tipping fees"); and WHEREAS, the Parties disputed until this time, whether or not a uniform fee was imposed; and WHEREAS, the Parties want to resolve their differences and reach an end and settlement for all existing disputes between them relating to the claims of tipping fees; and and fees. WHEREAS, Jacksonville claims past due residential and sludge tipping fees are owed; WHEREAS, Atlantic Beach has been paying the required portion of commercial tipping Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 1 AGREEMENT AGENDA ITEM# 8E JANUARY 12, 2015 NOW THEREFORE, in consideration of the foregoing, with the following agreements, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows: 1. The Parties represent and warrant to each other the accuracy of the foregoing recitals, which are incorporated by reference herein. 2. This Agreement constitutes a settlement and release of all disputed claims relating to tipping fees and is being entered into to avoid litigating those claims. No Party to this Agreement admits any liability to the other Party with respect to any such claim or any other matter. Therefore, this Agreement is not to be and shall never be construed or deemed an admission or concession by any of the Parties hereto of liability or culpability at any time for any purpose concerning any claims being settled and released, or any other matter. 3. The Parties agree that Jacksonville has imposed a uniform solid waste processing and disposal fee, and paragraph (2-A) of the 1982 Interlocal Agreement is terminated. 4. Atlantic Beach shall pay Jacksonville, within sixty days of the effective date of this Agreement, $322,709 for past due residential and sludge tipping fees from October 1, 2011 to May 31, 2014. 5. Beginning June 1, 2014, Atlantic Beach shall pay residential, commercial, and other applicable tipping fees through its waste hauler contract. 6. Paragraph 4 ofthe 1995 Amendment is amended, and there is no longer any free landfill disposal of garbage and refuse for waste generators located within Atlantic Beach. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 2 AGENDA ITEM# 8E JANUARY 12, 2015 7. The Parties agree that sludge tipping fees include service to citizens of both Jacksonville and Atlantic Beach. Understanding the practical difficulties in determining what portion of sludge is attributable to each city, the Parties agree that beginning June 1, 2014, Atlantic Beach shall pay one-half, or fifty percent (50%), of the sludge tipping fees. All sludge tipping fees owed from June 1, 2014 that remain unpaid prior to the effective date of this Agreement shall be paid to Jacksonville within sixty days of the effective date of this Agreement. 8. The Parties acknowledge that similar disputes are not yet resolved with respect to claimed tipping fees by Jacksonville for the City of Neptune Beach ("Neptune Beach"). The Parties agree that if or when the tipping fees disputes are resolved with Neptune Beach, if any category of tipping fees (e.g. residential, commercial or sludge) is less than the rate offered in this Agreement, Jacksonville shall reimburse Atlantic Beach the actual difference between the rates. 9. Jacksonville has paid past due yard waste tipping fees owed to Advanced Disposal Services Jacksonville, LLC for the time period of October 2011 through September 20 12 for Atlantic Beach yard waste. 10. This Agreement may be executed m counterparts with each such counterpart being considered an original. In addition, a facsimile or scanned and emailed copy of a Party's signed Agreement shall be effective as an original. 11. If any part of this Agreement is found to violate the law, then that part shall be stricken with the remainder of this Agreement to survive intact, if practicable, provided that the rights and obligations of the Parties are not materially prejudiced, that the intentions of the Parties can continue, and that no provision stricken is the essence of the Agreement. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 3 AGENDA ITEM# BE JANUARY 12, 2015 12. This Agreement shall be construed and enforced pursuant to the law of the State of Florida. With respect to any dispute arising out of or related to the Agreement, each Party subjects itself to the exclusive jurisdiction of the Court in Florida and likewise agrees the exclusive venue shall be the state courts in Duval County, Florida. 13. The language of this Agreement shall be construed as a whole, according to its fair meaning and intention, and not strictly for or against any Party, regardless of who drafted or was principally responsible for drafting the Agreement or any specific term or condition hereof. This Agreement shall be deemed to have been drafted by all Parties. 14. Each Party warrants that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior negotiations or proposed agreements, written or oral. 15. The Parties represent and warrant to each other that they are duly authorized by the respective governments of Jacksonville and Atlantic Beach to sign this Agreement and that neither Pmiy sold, pledged, hypothecated, assigned or transferred any of the claims released within this Agreement. 16. Each Party shall bear its own costs and attorney fees incurred in connection with this Agreement and the above-referenced cause, and each Party waives the right to make a claim against the other for such costs, attorney fees or any other expenses associated with the matters being settled herein. 17. This Agreement shall inure to the benefit of and shall be binding upon each of the Parties herein and its respective agents, representatives, executors, administrators, trustees, Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 4 AGENDA ITEM# 8E JANUARY 12, 2015 personal representatives, partners, directors, officers, shareholders, agents, attorneys, insurers, employees, representatives, predecessors, successors, heirs and assigns. 18. The provisions herein are not intended for the benefit of any other third party, but solely for the Parties to this Agreement. 19. The effective date of this Agreement shall be on the last date in which this Agreement is signed by the Parties. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 5 AGENDA ITEM# 8E JANUARY 12, 2015 The Parties by their respective signatures below hereby execute this Agreement and agree to be bound by the same. Signed, sealed and delivered in the presence of: Office of General Counsel Attest: --------------------- James R. McCain, Jr. Corporation Secretary Signed, sealed and delivered in the presence of: City Attorney Attest CITY OF JACKSONVILLE a Florida political subdivision, by, Alvin Brown, Mayor Date: ---------------------- CITY OF ATLANTIC BEACH a Florida political subdivision, by, Carolyn Woods, Mayor Date: ---------------------- Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 6 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM# SF JANUARY 12, 2015 AGENDA ITEM: ORDINANCE NO. 20-15-129 DATE: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. January 2, 2015 SUBMITTED BY: Nelson VanLiere, Finance Director c;:::<=? BACKGROUND: This budget amendment is necessary to fund the proposed Release and Settlement Agreement between the City of Atlantic Beach and the City of Jacksonville for the purpose of resolving all disputes between them relating to tipping fees. The original budget for Fiscal Year 2015 did not anticipate the resolution of the dispute and the amounts were unknown at the time of budget adoption. Sufficient funds do exist in the fund balance reserves of the General Fund and will be transferred to the Sanitation Fund where the expense will be paid and recorded to reflect this as a sanitation expense on the City's Audited Financial Statements. For more background information on the agreement, see the staff report on the release and settlement agreement included in this agenda. BUDGET: This ordinance will increase the City's net expense budget by $322,709 RECOMMENDATION: Adopt Ordinance NO. 20-15-129 amending the 2014-15 Annual Operating Budget for the purpose of funding the Release and Settlement Agreement with the City of Jacksonville resolving the all disputes relating to tipping fees. ATTACHMENT: Ordinance NO. 20-15-129. ORDINANCE NO. 20-15-129 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# SF JANUARY 12, 2015 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, The City of Atlantic Beach and the City of Jacksonville have negotiated a release and settlement agreement for the payment of past due landfill disposal fees in the amount of $322,709 and setting a percentage discount disposal rate of 50% for the disposal of sludge from the sewer plant going forward, and WHEREAS, the City of Atlantic Beach did not include the funding of this agreement in the adoption of the original Fiscal Year 2015 Annual Operating Budget and therefore must amend the budget to have sufficient amounts within the Sanitation Fund to pay the City of Jacksonville. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2014/2015 Budget to be amended as follows: ~GENERAL FUND~ Expenses: Non-Departmental-Transfers Out Total Expenses: Fund Balance ~SANITATION FUND~ Revenues: Transfer from General Fund Expenses: Settlements Total Expenses: Fund Balance: $322,709 $322.709 <$322.709> $322,709 $322,709 $322.709 $0 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of 2015. AGENDA ITEM# SF JANUARY 12,2015 Passed by the City Commission on second and final reading this __ day of 2015. CAROLYN WOODS Mayor I Presiding Officer Approved as to form and correctness: RICHARD KOMANDO, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk 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 AGENDA ITEM # 9A JANUARY 12, 2015 Yvonne Calverley, Executive Assistant to the City Manage~c:__. December 15, 2014 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 note: • The next Town Hall Meeting is Saturday, January lOth at 10 am at the Gail Baker Community Center. • Commission Workshop on zoning issues is scheduled for Monday, January 12th at 5 pm. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for January through March 2015 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (January through March 2015) MAYOR AND COMMISSION January 2015 Sl1.0:D.\ \" .\10:\D.\ Y 'l'l.iESD.\ Y \\'Im:\ESD ,\ Y 'l'I·IURSD :\ Y PRJ!).\ Y S.\TURD.\Y 1 2 3 New Year's Day City Offices Closed 4 5 6 7 8 9 10 N ewsletter Due Town Hall Mug (Mayor) lOam Due Date for Gail Baker Center 1/26 Agenda Items 11 12 Commission 13 14 15 16 17 Workshop 5 pm CommiSSIOn M ug 6:30pm (In voc-Woods) Videotaped 18 19 20 21 22 23 24 Martin Luther King Day Due Date for 2/9 City Offices Agenda Items Closed 25 26 27 28 29 30 31 Commission M t g 6 :30pm (Inv oc-Mark) Videotaped MAYOR AND COMMISSION February 2015 :-;U l\:D.\Y .\10:\D.\Y ·w~~~D .\ Y \\'lm ~E SD .\ Y ·n l lJ RSD .\ y FR!D.\Y :-;xi U RD.\Y 1 2 3 4 5 6 7 Newsletter Due (Mayor) Due Date for 2/23 Agenda Items 8 9 10 11 12 13 14 Commission Mtg 6:30pm (Invoc-Hill) Videotaped 15 16 17 18 19 20 21 President's Day Due Date for City Offices 3/9 Closed Agenda Items 22 23 24 25 26 27 28 Commission Mtg 6:30pm (Invoc-Daugherty) Videotaped MAYOR AND COMMISSION March 2015 'J'UI ~SD ,\ Y Wlm~ESD ,\Y '1'1 IURSD.\\' FRIDA\' S!\'l'LJRD. \ Y -SU~D .\ \' .\IO:-.:D.\ Y . . ...,\ ~ .. ' -· . --· - 1 2 3 4 5 6 7 N ewsletter Due I'Mav o r ) Due Date for 3/23 Agenda Items 8 9 10 11 12 13 14 Commission Mtg 6:30pm (Invoc-Beckenbach) Videotaped 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission Mtg Due Date for 6:30pm 4/1 3 (Invoc-Woods) Agenda Items Videotaped 29 30 31