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2-22-16 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING February 22, 2016 -6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes ofthe Commission Meeting of February 8, 2016. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Aquatic Townhomes Site Proposal and Contract. (Contract to be provided.) 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. Approve utilizing $737.99 of State Forfeiture Funds to purchase the Blackhawk Tactical Entry Kit. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 40-15-22, Public Hearing and Final Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMP A ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. B. ORDINANCE NO. 20-16-136, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Tideviews Park Improvements Discussion. 1 B. Consideration of Hen Permits. (Commissioner Hill) C. Budget Calendar and Strategic Planning. 9. City Manager A. 90-Day Calendar (March 2016 through May 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00PM, Friday, February 19, 2016. 2 MINUTES REGULAR CITY COMMISSION MEETING February 8, 2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Rich Komando City Manager Nelson VanLiere City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA FEBRUARY 22.2016 Mayor Reeves called the meeting to order at 6:30p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of January 25,2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. Mayor Reeves explained the process for public comments. He announced that Ordinances 40-15-22 and 20- 16-136 (Items 7A and 7B) are being pulled from tonight's agenda and will be put on the February 22 agenda for Public Hearing and Final Reading. He stated if anyone wants to speak about those ordinances tonight, they could do so during Courtesy of the Floor. 2. Courtesy of Floor to Visitors A. National Weather Service presentation on the November 8, 2015 storms/flooding incident. City Manager VanLiere introduced Al Sandrik, Warning Coordination Meteorologist from National Weather Service Office in Jacksonville and Meteorologist Ben Nelson who gave a slide presentation on the Hopkins Creek and Aquatic Drive flooding on November 8. Mr. Nelson explained the topography, elevation, and drainage for the area. He also explained the weather patterns during this time period, stating moisture levels were measured at 200% over normal. He answered questions from the Commission. Mayor Reeves recognized former Mayor Wolfson who was in the audience. Mayor Reeves opened the Courtesy of the Floor to Visitors. Barry Adeeb, 501 Atlantic Blvd., addressed Mr. Lindorffs consulting report submitted to the City regarding Beach Diner's property rights. He also read :fi:om the Community Development Board minutes of May 20, 1997 regarding his attendance at the meeting to request a variance to construct an addition to accommodate additional seating. He stated the variance was unanimously granted by the CDB and also by the Commission. February 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 22, 2016 Page2 Don Wolfson, 1725 Beach Ave., stated in 1997 he chaired the Community Development Board and confirmed that Mr. Adeeb came before the CD B. He stated the Board evaluated the request of the variance. He stated what they did not consider was that this was an outparcel. He stated if it had been an outparcel they would have used a different set of standards for what their required parking would have been. He stated it was always part of the shopping center. He stated the Board approved unanimously the variance which is, by law, transferrable and runs with the title, unless there has been a change to that ordinance. He stated he believes this variance still runs with the title. Cecil White, 109 Sylvan Drive, stated he understands that Gate Petroleum is in the business of selling fuel and he finds no fault in that and even patronizes their stations from time to time. He stated, however, he also assumes that the government of the City of Atlantic Beach is about protecting the interest of its citizens and that the City also manages the interest of the City by strict observation of its laws, ordinances and codes and that they apply to both individual and corporate interests. He stated Gate Petroleum received a green light for the project in October 2014 with up to 14 fueling positions. He asked how this happened. Betsy Cosgrove, 116 Poinsettia St., reported on the neighborhood meeting on the proposed use for the parcel of land at 535 Atlantic Blvd., the Gate mega convenience store/gas station. She stated more than 60 people participated and shared their concerns. She thanked Commissioner John Stinson for being there, stating he encouraged them to continue to ask the Commission to see that the permit application is referred to the Community Development Board. She pointed out that the land use that Gate has applied for is not a permitted use within Sec. 24-111 and asked, shouldn't their use be vetted as a variance. She stated variances are to be reviewed by the Community Development Board. Lorraine Smith, 112 Poinsettia St., read a neighborhood petition opposing the Gate Convenience Store, stating they already have 1,000 signatures, after only two weeks. She stated she will give the City the original petitions once they have collected more. Glen Shuck, 104 Sylvan Dr., spoke in opposition to the Gate station. He stated to not seek guidance from our local planning and zoning agency for the proper interpretation is irresponsible and potentially puts all citizens at risk. He stated if the City does nothing and allows the permit to be issued without seeking the guidance of the Community Development Board, then let the appeal process begin. He stated Atlantic Beach citizens will be forced to aggressively defend their rights. Peter Gibson, 815 Plaza, spoke in opposition to the development proposed next to the dog park and encouraged the Commission to expand the dog park. Susanne Barker, 1938 Beachside Court, reported on the neighborhood meeting on the Gate station and stated she does not believe this is the proper place for the station. She asked that they send this to the Community Development Board. Lou Keith, 1845 Tierra Verde Drive, stated they need to have something done about the continual - flickering problem with JEA. Stated Mayor Reeves asked him about starting a kids' tennis clinic at the park and reported, after speaking with Recreation Director Timmy Johnson, he believes they can get it going about mid-April. He stated he has a certified pro committed to Sunday at noon for one hour for all children in the City to get free tennis lessons. He further stated he is in support of the new townhomes at Aquatic Gardens. February 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 22,2016 Page3 Chris Jorgensen, 92 W. 3rd St., addressed the Board Member Review meeting when the lights went out. Stated he is offended that the City does not have a backup generator. Addressed the Beaches Watch meeting. Stated he opposes the CRA. Explained why he is in favor of the Gate station. James McCue, 660 Aquatic Drive, addressed the flooding and distributed photos of the flooding to the Commission, which he explained. He stated Neptune Beach is doing zero maintenance on that ditch. Stated he would like to see some work done on the entire storm water system. He stated he would like them to approach the new City Manager in Neptune Beach and show him these photos. Jerry Redfield, 366 Seminole Rd., spoke in support of having the Community Development Board look at the Gate proposal. Mike Whalen, 1420 Mayport Rd., spoke in opposition to the development at Aquatic Drive and in support of the small family businesses. Drew Frick, 9540 San Jose Blvd., representing Gate Petroleum, addressed the private dispute between Mr. Adeeb and Gate. He stated it is a private dispute as to what a landlord and a tenant provides and they have tried hard to keep the City out of that dispute. He explained they have a declaratory judgment action pending right now before a judge in a court of law to determine what that lease provides. He stated the fact that there was a variance at some point in the history of this property does nothing to change that lease and does nothing to change the legal arguments. He stated that variance was for setbacks and other issues; it was not specific as to parking and it certainly can't go and have a public process in the city changing private rights between a landlord and a tenant. He stated nothing in that variance established parking for either party. He asked the City to follow their process and let that process play out. He stated there was some insinuation that things may have been done under the table or there are some other forces here in this process. He stated Gate has been nothing but above the board throughout this whole process, has provided all the information that has been asked and has done that in an open and obvious way. He stated they are going to design and build a safe store that will address all of these issues and look forward to continuing to work through the process and to do the right thing as required by the City's code and are asking that they all do the same and allow the process to play out. Clair Gertz, 28 17th St., asked that the Commission take the Gate development to the Community Development Board because she believes the permitted use and what is on the site plan do not jive. Helen Bradley, 94 Oceanside Drive, spoke in opposition to the Gate station, stating she does not believe it is appropriate for the area where it is being built. She stated she believes Gate will make quite a lot of sincere enemies by doing this. She stated if this goes on she would never shop at one of their gas stations; they will make a whole community of enemies. Tom Foppiano, 377 4th Street, stated he was speaking on behalf of himself, his wife and his parents, who live in Fleet Landing, and they are all in opposition to the Gate station. He stated they believe it should go before the Community Development Board. Susan Perry, 179 Pine St. spoke in opposition to the Gate gas station, stating she believes it should go before the Community Development Board. Mayor Reeves recessed the meeting at 8:12. He reconvened the meeting at 8:19. February 8, 2016 REGULAR COMMISSION MEETING City Clerk Bartle read names of those people who did not want to speak, as follows: Liz Neville, 1060 Seminole Road -opposes the Gate station. Peggy Neville, 372 Aquatic Drive-opposes the Gate station. Nancy DeCandis, 515 Sturdivant St.-opposes the Gate station. Mary Orser, 376 9th Street-refer the Gate application to CDB. Mark Howard & Katrina Howard, 1970 Beach Ave. -send Gate Petroleum to CD B. Diana Townsend, 266 Poinsettia St.,-Refer Gate to CDB. Richard Moore, 3 7 6 Ninth Street-Refer Gate permit to CD B. No one else from the audience spoke, so Mayor Reeves closed the Public Hearing. 3. Unfinished Business from Previous Meetings A. Aquatic Townhomes Site Proposal. AGENDA ITEM #lA FEBRUARY22.2016 Page 4 City Manager VanLiere introduced the developer, William Norris ofTriBridge Residential, 711 Beach Blvd., Jacksonville Beach, who gave a presentation, with slides, on the proposed development of an upscale 23-unit apartment community. Mr. Nonis further explained the improvements they want to make to the City's dog park and retention pond, including a sidewalk from Aquatic Drive and on-street parallel parking. He stated the site sits on an unregulated dump site and will require an extensive remediation, including removing all of the trees in order to access this layer of landfill. He stated they are cUITently trying to enroll this site into the Florida Brownfield Program. He stated they are prepared to replace the trees as required under that tree ordinance with species that fall underneath Atlantic Beach's prefened species list. He stated whatever they are not able to replant on their property, they will replant on the dog park with the City's permission or buy in to the City Tree Mitigation Fund. He stated this development would comply with all existing zoning requirements and they are not seeking any variances for what they are proposing to build. He stated he is asking the Commission to adopt the consent document in the agenda packet which will allow the Public Works Department and other agencies within the City to work with them to make these improvements to the retention pond. He answered questions from the Commission and addressed their concerns. Discussion ensued. Interim Public Works Director Kayle Moore also answered questions from the Commission. Mr. VanLiere further explained the retention pond is connected to the one at the church and from there another pipe goes into the ditch across the street, so it does have an exit when it gets full enough. Further discussion ensued and Mr. Nonis answered additional questions. Mr. Norris stated they are asking for the Commission to approve this moving forward with the oversight of City staff. Mayor Reeves asked for a motion to authorize the City Manager to negotiate a contract with the developer, TriBridge Residential, to utilize a portion of the Atlantic Beach Dog Park for the development of townhomes at the comer of Atlantic Boulevard and Aquatic Drive. Motion: Allow the City Manager and Public Works to work with the developer to negotiate a contract for the utilization of the dog park as outlined in the attached proposal. Moved by Harding, Seconded by Hill Discussion ensued about the legalities of converting a City park. Mr. Koman do stated his understanding is that they are expanding the park. Commissioner Hill stated he is afraid it is a violation and expressed concern that if it is a problem and they get into a battle with the citizens about the Charter, they need counsel that will February 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 22, 2016 PageS have to defend that position and our current counsel is not long term enough for him to be comfortable with that ruling tonight. Mr. Norris stated they have been meeting with the Public Works Department and exploring what benefits there would be to the City with making these improvements to the park. Mayor Reeves stated he supports moving forward with the City Manager proceeding. He stated he understands Commissioner Hill's comments but it is the City Manager's job to research that and make sure he has the right information from the City Attorney and believes they should move forward with the motion and allow the City Manager to do his job. Roll Call Votes: Aye: 5-Hill, Stinson, Waters, Harding, Reeves Nay: 0 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 and the Recreation Programs and Special Events Report for December 2015. B. Authorize the City Manager to sign the Second Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. Motion: Approve Consent Agenda Items A and B as written. Moved by Hill, Seconded by Harding Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Appointments to the Cultural Arts and Recreation Advisory Committee. Commissioner Stinson stated the Board Member Review Committee met to fill the vacancies on the Cultural Arts and Recreation Advisory Committee and they recommended appointing Julia Hite and Faye Wood to fill the unexpired terms ending 7/8/2017. Motion: Approve recommendation to appoint Julia Hite as a member of the Cultural Arts and Recreation Advisory Committee for the unexpired terms ending 7/8/2017. Moved by Stinson, seconded by Waters February 8, 2016 REGULAR COMMISSION MEETING Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA FEBRUARY 22, 2016 Page6 Motion: Approve recommendation to appoint Faye Wood as a member of the Cultural Arts and Recreation Advisory Committee for the unexpired terms ending 7/8/2017. Moved by Stinson, seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 40-15-22, Public Hearing and Final Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING . AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. This item was pulled and moved to the February 22, 2016 meeting. B. ORDINANCE NO. 20-16-136, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. This item was pulled and moved to the February 22, 2016 meeting. 8. Miscellaneous Business (Discussion only) None. 9. City Manager A. City Manager's Report. • 90-Day Calendar (February 2016 through April2016). Mr. VanLiere reported we received the recorded deed for the Bennett property and the purchase order for demolition will be within a day or two. February 8, 2016 REGULAR COMMISSION MEETING He reminded everyone about the upcoming marathon this weekend. AGENDA ITEM #lA FEBRUARY 22,2016 Page7 He stated he received complaints about little Plaza and it is in our code that there should be no parking. He stated if there is no objection, he will have Public Works install the No Parking signs. He stated the flooding on Nov 8 did a lot of damage to Howell Park and he wanted to report that it has been repaired. Stated the City has re-implemented the Employee of the Quarter program and Lisa Showman from Public Works was chosen for this quarter. Reported the RFP for City Attorney is out. Stated it is not getting much feedback. Stated the CDBG contract for the Francis Avenue project has been signed and they should be able to start that project. Stated the City is working with our representative from JEA about the outages. Reported the plans for Gate are about to be released back to Gate with our comments having been addressed. He stated he plans to do that unless he is told otherwise. He stated staff has spent an inordinate amount of time trying to come up with the right comments for those plans and to address all the issues everyone has been concerned about. He stated it appears that most of the concerns have been met and by the process it would be time to forward those plans back to Gate; reiterating unless the Commission has any problem with that, that is the plan. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Expressed concern about there being no back-up generator at City Hall and believes they need to look into fixing that situation. • Was concerned about Neptune Beach's side of the ditch and believes it warrants some communication between the city managers to see what both cities can do to address this. Commissioner Hill • Thanked Commissioner Stinson for going to the meeting on Saturday. • Stated Duval County had a pilot program for urban chicken permits, and he wants to bring that to the Commission in the form of an Ordinance for consideration at the next Commission meeting. • Believes that our legal issues should be put before our next city attorney since they will be the counsel who will be there to defend these. Commissioner Waters • Supports the chicken permits. • Stated our grant writers are in the process of writing grants to replace our aging generators and to expand their coverage. • Agreed we need to work with Neptune Beach on clearing the drainage. • Stated they are listening to both sides of the Gate issue. • Wished good luck to the runners in the marathon. February 8, 2016 REGULAR COMMISSION MEETING Commissioner Stinson AGENDA ITEM #lA FEBRUARY 22, 2016 PageS • Complimented our Police Department for the way they handled the issue at the apartment complex. • Stated Ms. Cosgrove did a great job with the meeting on Gate and was pleased with the civility and respect both sides showed. • Reported on the Florida League of Cities conference, Institute for Elected Municipal Offidals, he just attended. • Asked again for quarterly mock drills to practice the emergency plan. • Supports giving the Gate proposal to the Community Development Board. • Asked about the status of changing the signs at the Cloister south gate, stating they still have not been changed. • Asked the Commission to think about how we recruit for the citizen boards. Mayor Reeves • Thanked Lou Keith for checking on and following through with the kids' tennis. • Asked the City Manager to have the Recreation Department update the upcoming events as soon as possible on the website. • Reported on his meeting with the legislature in Tallahassee on February 2 and 3. • Attended the Beaches Watch meeting and thanked the staff who showed up. • Reported on the opening of the BEAM store. • Stated next week he will be judging the history fair for Mayport Middle School. • Will give State of the Beaches at the Jacksonville Chamber of Commerce at noon. • First baseball game at Fletcher High School will be on February 11. • Suggested that Commissioner Hill get with the City Clerk and put the chicken issue on the next agenda for discussion. City Clerk Bartle • Asked if there will be any backup on the chicken topic. Commissioner Hill stated he will provide the draft ordinance that the county adopted. Mayor Reeves stated the City Attorney's firm has decided to move on, but they are still with us and they are not abandoning us. He stated he doesn't want to slow things down or interrupt anything due to the City Attorney. City Attorney Komando • Pay attention to the FLC bulletins that go out and to the conference calls; there are a number of pertinent legislative issues that are moving through this year. Mr. VanLiere reported on the Cloister, stating the notice of violation went out so Code Enforcement Officer John Markee can document the status of the gate being open. He stated Mr. Markee took some pictures so he can be prepared to have his case. He stated, as far as the sign is concerned, his plan was that once we had notice that the gate was actually not being used and they had close it, he would take the sign down or put up a sign that says Do Not Enter. He stated he wanted to leave the sign there until they stopped using the exit. He stated he will report back when he finds whether they have complied or not. February 8, 2016 REGULAR COMMISSION MEETING Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:35pm. ArrEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM #lA FEBRUARY 22, 2016 Page 9 AGENDA ITEM : SUBMITTED BY: DATE: BACKGROUND : BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Aquatic Town homes Site Proposal by TriBridge Residential Nelson Van Liere City Ma n ager ~ January 22, 2016 AGENDA ITBM # 3A F E BRU A RY 22,201 6 Attached for your review is a proposed site plan. The Developers, TriBridge Residential, have requested utilizing a portion o f our Dog Park to make their project better. The attached information will be presented by the developer in hopes of gaining support for a project that partners with Atlantic Beach. The project is located at the North West corner of Aquatic Drive and Atlantic Blvd. No Operating Budget Impact at this time, but could lead to enhanced property tax revenues. RECOMMENDATION : Consider working with the developer to negotiate a contract for the utilization of our Dog Park as outlined ln the attached proposal. ATTACHMENTS : Description of the developer's project and the benefits for Atlantic Beach with diagrams AGENDA I TEM IIJA FEBRUARY 22, 20lti PROPOSED DEVELOPMENT AT CORNER OF ATLANTIC & AQUATIC Developer: TriBridgc Residential, developer of BJuWatcr Apartments in Jacksonville Beach (fOLmer George Moore Chevrolet property) Plan of Development: 23 "market-rate" rental townhomes; 2 and 3 s tory units with 2 car garages; same architectural and design standards as Blu'Water. The existing site contains a layer of household trash and debris that will have to be removed in order to build the project. The developer intends to wo rk with the Florida Department of Environmental Protection to enroll the property in the Florida Brownfields Program. The clean-up of the s ite wil l require that the existin g trees be removed in order to correctly remediate the s ite. Development will comply with the existing zoning district permitted uses and density, all of the development s tandards of the Land Development Code and the 35' he ight l imit. The project will a lso comply with C hapter 23 Protection of Trees and Native Vegetation of the City Municipal Code by a combination of re-planting of trees :fi·orn the City of Atlanti c Beac h Recommended Tree List on the developed property and on the Dog Park retention pond along with purchasing credits from the City of Atlantic Beach tree mitigation fund. Proposed enhancements to adjacent C ity Dog Park JAX\20 1934 8_1 • Conveyance of land to the City of Atlantic Beach for expanded pond and recreation path (area shown in green on attached aerial) within one year of the comp leti on of the project. The completion of the project is det1ned as the point in time at which th e owner has obtained all Certificates of Occupancy for the project and all required approvals from the various departments that oversee new construction projects within the C ity of Atlantic Beach or any goveming entity that has juris di cti on over the project. As a patt of the conveyance of land , the C ity of Atlantic Beach will agree to s ign and grant the following easements to the developer: Perpetual Drainage Easement for the right to drain into the modified retention pond. This easement will include the maintenance of the pond and include access rights for the owner to the pond and dog park for maintenance activities. Eas ement to reserve the right to utilize the property that was conveyed to the City of Atlantic Beach to allow for the development to be legal and confonning to all z oning requirements. The property will not be considered legal non-conforming upon conveyance. Any access or utility easements that woul d be required by the owner or any governing body that would requjre s uch easement. AGENDA ITEM #3A FEBRUARY 22, 2016 • Enlargement of the city owned and maintained retention pond immediately adjacent to the proposed development site for additional stormwater capacity for the Aquatic Gardens area of Atlantic Beach. The modifications to the existing pond will create approximately 3,053 Cubic Yards of additional volume at a water elevation of 7; of this capacity, approximately one-third of the additional storage is above and beyond the required capacity for our site. • As a part of the enlargement of the pond, the existing pedestrian area on the southern and eastern sides of the pond will be lowered to make them closer to the normal water level of the pond. The City of Atlantic Beach and the developer both acknowledge that during a significant rain event, the pond will rise over this modified pedestrian area to create additional storage volume for the pond. • The existing maintenance easement around the southern and eastern portion of the pond will be located within the pedestrian area of the pond as coordinated with SJRWMD. • Appropriate grass and tree materials will be planted on the southern and eastern portions of the pond within the pedestrian area. The pedestrian walkway will be grass. The developer will work with the City of Atlantic Beach to determine the correct tree species to plant in this area of the dog park. • Construction of a 12' by 12' cabana for shade, rain cover, etc. with the existing footprint of the dog park. The construction of the cabana will be of standard construction techniques and utilize masonry and wood frame construction. • All improvements outlined in this document are to be funded by developer. Additional benefits to City JAX\2019348_1 • Projected property tax revenue to the City will be approximately 8 times the existing assessed value. • Complete remediation of existing site contamination from former unpermitted solid waste dump. • Creation of delineated on-street parking on Aquatic Drive as overflow parking for Dog Park. • Construction of side walk on Aquatic Drive from intersection with Atlantic Boulevard to the Dog Park. Conceptual Image for the Proposed Development at Aquatic Drive and Atlantic Boulevard AGENDA ITEM# 3A FEBRUARY 22, 2016 AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: STAFF REPORT City of AtJantic Beach Commission Meeting Purchase ofTactical E ntry Kit february 8, 2016 J. Michael Deal, Chief of Pol~ AGENDA IT EM #4A fi'EBRUARV22, 2016 The Atlantic Beach Police Department Crime Suppression Unit often engages in undercover narcotics operations. These operations are frequently necessary to establish probable cause for search warrants or arrests. The inherent risk in these operations is having an informant or undercover officer inside a residence with potentially dangerous individuals. Should something go awry within the residence, perimeter officers must be able to make immediate entry. Tactical entry tools are essential in the swift and safe e ntry into a locked door or window. The PoHce Department is requesting to utili ze state forfeiture funds to purchase the Blackhawk Tactical Entry Kit which contains the tools needed to gain quick access .inside a secured residence. The cost of the kit is $737.99. BUDGET: State Forfeiture Account-143~200 1-521.52 -00 RECOMMENDATIONS: Approval by Commission to utilize state forfeiture funds to pw·chase this equipment. ATTACHMENTS: None REVIEWED BY CITY MANAGER: __ --71 __ ·_"-_-_. -~-~------- Blackh awk Tactica l E ntry Kit # 2 S2 .99 SH IPPING on All Orders Over $99' ~ BRAN DS ..... APPAREL & FOOTWEAR ... LIGHTS ..... BAGS & PACKS WEAPON ACCESSORIES ... CLOSEOUTS II orne > Blackhawk > Blackhawk Dynan~c En t ry Tools > Btacklmvl< Tacllnl Ent1y Ki t • 2 Like {II Twtel II AGENDA I TEM N 4A FEBR UA RY 22, 20 16 My Accounl Intel Contm Ntod ll~lpl $0.00 101 CART TACT ICAL & DUTY GEAR ..... MORE ... Blackhawk Tactical Entry Kit # 2 DESCR IPTION L e As k a Question About This Product SKU N: BPG·OE·EK 2 MSRP: $1,060.99 $737.99 Estimated N rjyal Date In St ock • Only 3 Left! QTY: ADD TO CART +ADO TO WISHLIST OVERSIZED ITEM ·Dots not qu•llf)' for frtt or flat ratt shipping! http://www.Japol icegea r.com/bpg-tactica l-ent ry-k it 2 .html ] 2/21/2015 Blackh awk Tac ti ca l Entry K it # 2 Plonse nol o: All backordcred Blarkho>Wk items hav~ an £1 A of December 20 15. We apologize for an y Inconvenience. NOlE: Thnc BlACKHAWK I products or«rutrlrt•d to Mil itary , Law En forcement and Security PcBOnnel ONLY Featu res: AGENDA ITE M # 4A FE BRUARY 22,20 16 The l actlca l Entry Ki t' l combi nes the expert bre;~<her's tam of chole<!, the non >parking, c lcctric~lly non-conductive Monoshock, whlt t he Tactica l B~~kpock Kit a nd the rovotu tlona ry Brt il k·N Rake. All tools are elettrlca lly non -conductive to 100,000 volts At. I'L'riL't l for more ch~llenging entries. DH 1S MONOSHOCK RAM ~ The rt.1g>h ip of the Dyna mic Ent ry tool line ~ [xpor1 bl!'il t her's rPm or ~hoice ~ Non sp•rld ng and elec trica lly non·co nduttlve to 100,000 volts AC ~ Semi fl ex handle syo te m absor~s mo~t or llw lmpatt w~n ~ Unique desig n allows for maximum force fr om a ligh ter weight too l DE·BR BREAK ·N-IlAKE .; SpedflGtlly engineered for window e ntries ~ IIP.ad canmucted of cmbon steel ~ Rein forced laser c.ut hook effec tively removes cur tains. bli nd• an d other obllru~Jions ~ Serr~te d blade ai ds in rcmovino g lass and window tines ~ Three 17" r~ldng fi ns de,lgned to clcM ota~s and other debris left In the window frame .; D·i fandte system 1• electrically non·condu<tlve to 100,000 voiu AC DE·TBK·B TACTICAL BACKPACK KIT"' (INCL. DE -SOB, OE·TM , DE·BM AND 60MEOOBK ) ~ Quickly bCCO!llino tho rrc w s tanda rd for mo~l breachln o opcrallons ~ rNttJrc~ a Anllm"ster, a Tbundertna ul, and l he newly rcdc$lg ned Special Operati ons Br"ac ner .; Conwuctcd of JOOO dr nlrr NyTa roco n ny lon and h".ovll y padd ed with closed c~ll foam. the b<rtkpdCk ha5 po uchos a nd Jet en lion slrdf.l$ fo r eath t ool a11d full y adf ustable d test and walsl 'traps REVIEWS Blac khawk Tactical Entry Kit fl. 2 $737.9 9 Wrlta a Ravlew J ay Jocbon, J.l .... ...., .. 5 Stall ~'ii .. rg , I woukt rwcorntN nd l h14 l~to•lrJtnd Q&A I AS KAQUE5TtOtt 6 Stare basod on 1 Revitwi l l Grea t Experience and Pro duct! Joouory 20, 20 t4 Excoll ont oxpertenco with LA Police Gaar!l YOU MAY ALSO LIK E RECENTLY VIEW ED http:/ /ww w.l apo l icegea r.com/bpg -tac tical-ent ry-k i t2. html 12/21/20 15 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 7A FEBRUARY 22,2016 AGENDA ITEM: Natural Gas Franchise SUBMITTED BY: Nelson VanLiere City Manager ~ DATE: January 15 ,2016 BACKGROUND: The existing Natural Gas Franchise Agreement with TECO is expiring. BUDGET: TECO wishes to continue this franchise with the City. The Attached agreement ha s been negotiate d with TECO. It is for a period of 15 additional years with conditions remaining virtually unchanged. This Franchise Agreement was initiaiJy presented to the Commission in August 2015. Two additional clarifications were requested. The required insurance requirements of Section 13 remain w1change d as after discussion with TECO and our City Attorney these limits were found to be the limits normally found in similar Franchises. The definition of "accepted indus try practice" was clarified with the addition of a second sentence to this section. Gas companies arc reg ulated by the F lorida Public Service Commission. They oversee the requirements for all aspects of the gas industry including maintenance. TECO was unwilling to futther attempt to describe the current regulations or the changes that might occur during the life of this agreement. TECO contributes 6% of its gross revenues to the City as a fee for thjs franchise. RECOMMENDATION: Approve the attached Ordinance extending this franchjse agreement ATTACHMENTS: Draft Franchise Agreement -ORDINANCE NO. 40-15-22 NATURAL GAS FRANCHISE AGREEMENT ORDINANCE NO. 40-15-22 AGENDA ITEM# 7A FEBRUARY 22~2016 AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. WHEREAS, Peoples Gas System and the City of Atlantic Beach desire to enter into a franchise agreement for a period of fifteen (15) years commencing from the date provided herein; and WHEREAS, the City Commission finds that it is in the public interest of its citizens to enter into a new franchise agreement with Peoples Gas System. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1: DEFINITIONS given herein. For the purposes of this Ordinance, the following terms shall have the meaning A. "Customer" shall mean any Person served by the Company within the corporate limits ofthe City. B. "City" shall mean the City of Atlantic Beach, Duval County, Florida, its successor and assigns. C. "Company" shall mean Peoples Gas System, a division of Tampa Electric 1 Company, a Florida corporation, its successors and assigns. AGENDA ITEM #7A FEBRUARY 22, 2016 D. "Distribution System" shall mean any and all transmission pipe lines, main pipe lines and service lines, together with all tubes, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, attachments, structures and other appurtenances, as are used or useful in the sale, distribution, transportation or delivery ofNatural Gas and as are situated within the corporate limits of the City. E. "Effective Date" shall mean the date this Franchise becomes Effective as described in Section 19 below. F. "Franchise" or "Franchise Agreement" shall mean this agreement, as passed and adopted by the City and accepted by the Company, as provided in Section 19 below. G. "FPSC" shall mean the Florida Public Service Commission or any successor agency. H. "Gross Revenues" shall mean all revenues (as defined by the Florida Public Service Commission) received by the Company from any Customer from the sale of Gas. I. "Person" shall mean any individual, firm, partnership, estate, corporation, company or other entity, including, but not limited to, any government entity or municipally-owned utility. J. "Natural Gas" or "Gas" shall mean natural gas and/or manufactured gas and/or a mixture of gases which is distributed in pipes and measured by meter on the Customer's premise. It shall not mean propane gas or liquefied petroleum gas (commonly referred to as "bottled gas"). K. "Right-of-way" means any street, road, lane, highway, avenue, boulevard, alley, waterway, bridge, easement, public place or other right-of-way that is owned by the City. 2 SECTION2: GRANT AGENDA ITEM #7A FEBRUARY 22, 2016 The City hereby grants to the Company the non-exclusive right, privilege, and franchise to lay, erect, construct, operate and maintain in, on or under any and all Rights-of-way, as they now exist or may be hereafter constructed, opened, laid out or extended within the present incorporated limits of the City, or in such territory as may be hereafter added or annexed to, or consolidated with, the City, a Distribution System subject to the terms and conditions herein contained. SECTION 3: TERM Except as provided in Section 15, the Franchise hereby granted shall be for a period of fifteen (15) years from the effective date ofthis ordinance. SECTION 4: ASSIGNMENT A. The Franchise hereby granted shall not be leased, assigned or otherwise alienated or disposed of except with the prior express written consent of the City, which shall not be unreasonably withheld or unduly delayed. No assignment shall be allowed without the assignee assuming the terms of the Franchise Agreement with the City . B. Notwithstanding the foregoing, the Company may, with the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed, lease, assign or otherwise alienate and transfer this Franchise in connection with the lease or sale of the Distribution System or upon its merger or consolidation with, or transfer to, a corporation engaged in similar business (including an affiliate or subsidiary of the Company), or pledge or mortgage of such Franchise in connection with the physical property owned and used by it in the 3 AGENDA ITEM# 7 A FEBRUARY 22, 2016 operation of the Distribution System for the purpose of securing payment of monies borrowed by the Company. SECTION 5: CITY COVENANT As a further consideration for this Franchise Agreement, the City covenants and agrees that it will not, during the term of this Franchise Agreement, engage in the business of distributing or selling Natural Gas within the corporate limits of the City, as modified, during the term of this Franchise Agreement. SECTION6: USE OF STREETS The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of the Rights-of-way, and said Rights-of-way shall not be unnecessarily obstructed, and before, except in an emergency situation, the Company makes any excavation or disturbs the surface of any of the Rights-of- way, it shall make application for a permit to the appropriate City authority. The City shall issue, or if applicable deny, permits within ten (10) business days of application by the Company. In consideration of the franchise fees contemplated in this agreement, the City shall not charge the Company any fees for the issuance of such permits. The Company shall, with due diligence and dispatch, place such Rights-of-way in as good a condition as before such excavation or disturbance was made; provided, however, that should the Company fail, within ten (10) days of its receipt of written notice from the City, to restore such Rights-of-way, then the City may undertake such restoration (other than any restoration work on the Distribution System) and charge the reasonable cost thereof to the Company. 4 AGENDA ITEM# 7 A FEBRUARY 22, 2016 Company shall at all times comply with all federal, state and local laws, ordinances, regulations and orders that are applicable to the operation of its business, and this Franchise Agreement and its performance hereunder. Without limiting the generality of the foregoing, Company shall at all times, at its own expense, obtain and maintain all certifications, credentials, authorizations, licenses and permits necessary to conduct that portion of its business relating to the exercise of its rights and the performance of its obligations under this Franchise Agreement. To the extent consistent with Florida law, the Company hereby agrees to abide by all the rules and regulations and ordinances which the City has passed or might pass in the future, in the exercise of its police power, and further agrees to abide by any established policy which the City or its duly authorized representative has passed, established, or will establish, in the exercise of its police power; provided, however, that the City shall not pass any ordinance or regulation that results in a material change in the rights or obligations of the Company under the Franchise Agreement. SECTION?: MAINTENANCE All such components of the Distribution System of the Company located within the City shall be installed and maintained in accordance with accepted industry practice and in accordance with the orders, rules, and regulations of the Florida Public Service Commission. For purposes of the foregoing sentence, "accepted industry practice" means the overall body of conventions, rules and procedures generally regarded as defining accepted practice within the natural gas industry in the State of Florida. 5 SECTION 8: LAYING OF PIPE AGENDA ITEM# 7A FEBRUARY 22, 2016 All components of the Distribution System shall be laid consistent with all applicable codes, rules, regulations and laws, including, to the extent consistent with all applicable codes, rules, regulations and laws, specifications contained in City permits. SECTION9: CONSTRUCTION WORK The City reserves the right to permit to be laid electric conduits, water and gas pipes and lines, cables, sewers, and to do and permit to be done any underground work that may be deemed necessary or proper by the City in, across, along, or under any Right--{)f-way. Whenever, by reason of establishing a grade or by reason of changes in the grade of any Right-of-way, or by reason of the widening, grading, paving, or otherwise improving present or future Rights-of-way, or in the location or manner of construction of any water pipes, electric conduits, sewers, or other underground structure located within the Rights-of-way, it shall be deemed necessary by the City to remove, relocate or disconnect any portion of the Distribution System of the Company hereto for such public purpose, such removal, relocation or disconnection shall be made by the Company as ordered in writing by the City without claim for reimbursement. If the City shall require the Company to remove, relocate or disconnect any portion of its Distribution System or in any way to alter the placement or location of the Distribution System, to enable any other Person to use said Rights-of-way of the City, as part of its permitting or approval process, the City shall require the Person desiring or occasioning such removal, relocation, disconnection or alteration to reimburse the Company for any loss, cost or expense caused by or arising out of such removal, relocation, disconnection or alteration of any portion of the Distribution System. The Company further agrees that it will not intentionally interfere with, change, or injure any 6 AGENDA ITEM #7A FEBRUARY 22, 2016 water pipes, drains, or sewers of said City unless it has received specific permission from the City or its duly authorized representative. SECTION 10: FRANCHISE FEE Subject to Section 11 below, within thirty (30) days after the close of the first full billing month following the effective date of this Franchise Agreement, and each month thereafter during the term of this Franchise Agreement, the Company, its successors or assigns, shall pay to the City, or its successors, a sum of money equal to six percent (6%) of the Company's Gross Revenue, less any adjustments for uncollectable accounts, from the sale of Natural Gas to Customers within the corporate limits of the City. The franchise fee payment shall be deemed paid on time if post-marked within thirty (30) days of the close of the preceding billing month. SECTION 11: IDENTIFICATION OF CITY RESIDENTS No less than thirty (30) days prior to the Effective Date, the City shall deliver to the Company such information (including City limit streets and block numbers) as is needed by the Company to determine which of its customer are located within the City limits. The City shall also provide such information no less than thirty (30) days prior to the effectiveness of any change in said limits, whether by addition, annexation or consolidation, or upon the Company's request. The Company shall be relieved of any obligation to pay franchise fees to the extent the City has failed to provide information in accordance with this Section 11. SECTION 12: ACCOUNTS AND RECORDS The Company shall maintain accounting, maintenance, and construction records as prescribed by the FPSC. The Company shall establish and maintain appropriate accounts and records in such detail that revenues within the corporate limits of the City are consistently 7 AGENDAITEM#7A FEBRUARY 22, 2016 declared separately from all other revenues, and such records shall be maintained within the State of Florida. Upon request by the City, or its designated representative, and execution of a confidentiality agreement reasonably satisfactory to the Company, the Company shall make available said records within thirty (30) days to the City for the determination of the accuracy of the Gross Revenues upon which the Company's franchise fee is based. The Company shall maintain its billing records only for the period of time required by the FPSC and any examination conducted after such period shall be confined to the billing records then available. SECTION 13: INSURANCE During the term of this Franchise, the Company shall file with the City Clerk and shall keep in full force and effect at all times during the effective period hereof, insurance certificates evidencing a general liability insurance policy or policies or evidence of self-insurance within the corporate limits of the City, as they currently exist or may exist in the future. Each such policy shall be in the minimum sum of $1,000,000.00 for injury or death to any one person, and in the minimum sum of $5,000,000.00 for injury or death to all persons where there is more than one person involved in any one accident, and in the minimum sum of $1,000,000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this Ordinance. The coverage requirements set forth in this Section 13 may be satisfied, in whole or in part, with self- msurance. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the clerk of the City, in writing, at least thirty (30) days 8 AGENDA ITEM# 7A FEBRUARY 22, 2016 before any material alteration, modification, or cancellation of such policy 1s to become effective. SECTION 14: INDEMNIFICATION In consideration of the permissions granted to the Company by this Franchise Agreement, the Company hereby agrees to indemnify and hold harmless the City, its officers, agents and employees from and against claims, suits, actions, and causes of action, to the extent caused by the Company's negligent operation of the Distribution System within the City during the term of this Franchise and resulting in personal injury, loss of life or damage to property sustained by any person or entity, through or as a result of the doing of any work herein authorized or the failure to do work herein required, and including all reasonable costs, attorney's fees, expenses and liabilities incurred by the City in connection with any such claim, suit or cause of action, including the investigation thereof, and the defense of any action or proceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof; provided, however, that neither the Company nor any of its employees, agents, 1 contractor, licensees, or sublessees shall be liable under this section for any claims, demands, suits, actions, losses, damages, or expenses, including attorney's fees, arising out of the negligence, strict liability, intentional torts, criminal acts, or error of the City, its officers, agents, or employees. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. Notwithstanding any provision herein to the contrary, the Company's liability under this Agreement shall be limited to the assets and business of Peoples Gas System, a division of Tampa Electric Company, as if Peoples were incorporated separate and apart from Tampa Electric Company. 9 SECTION 15: TERMINATION BY CITY AGENDA ITEM# 7A FEBRUARY 22,2016 Violation by the Company of any of the covenants, terms, and conditions hereof, or default by the Company in observing or carrying into effect any of said covenants, terms and conditions, shall authorize and empower the City to declare a termination this Franchise Agreement; provided, however, that before such action by the City shall become operative and effective, the Company shall have been served by the City with a written notice setting forth all matters pertinent to such violation or default, and describing the action of the City with respect thereto, and the Company shall have had a period of sixty ( 60) days after service of such notice, or, in the event such cure reasonably requires a period of more than sixty (60) days, sixty (60) days to present a plan, reasonably satisfactory to the City, to effect such cure; and provided further that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the Company shall not constitute grounds for termination. SECTION 16: CHANGES IN PROVISIONS HEREOF Changes in the terms and conditions hereof may be made by written agreement between the City and the Company. SECTION 17: SEVERABILITY; CHANGE IN LAW (A) If any section, part of a section, paragraph, sentence, or clause of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered; provided, however, that should elimination of the specific portion of the Franchise Agreement adjudged to be invalid results in significant adverse consequences to a 10 AGENDA ITEM# 7 A FEBRUARY 22,2016 party, then that party may terminate this Franchise Agreement by providing thirty (30) days written notice to the other party. (B) Upon the issuance by a court of competent jurisdiction of an order, ruling, or decision, or the enactment or adoption by the Florida Legislature, the City or any other governmental or regulatory body, of a law, rule, regulation or ordinance, that materially diminishes a municipality's ability to exact franchise fees from a utility, or that effectively does away with the ability of a municipality to grant a franchise altogether, then the Company or City may terminate this Franchise Agreement by providing ninety (90) days written notice to the other party. SECTION 18: GOVERNING LAW This Franchise shall be governed by the laws of the State of Florida and applicable federal law. SECTION 19: EFFECTIVE DATE This Franchise Agreement shall become effective upon its acceptance by the Company, which acceptance must be evidenced in writing within sixty (60) days of the City's passage and adoption hereof. PASSED AND CERTIFIED AS TO PASSAGE this __ day of _____ _ 2015. ATTEST: ---------------------DONNA L. BARTLE, CMC CITY CLERK 11 MITCHELL E. REEVES MAYOR APPROVED AS TO FORM AND CORRECTNESS: Accepted this __ day of _______ , 2015 AGENDA ITEM# 7 A FEBRUARY 22, 2016 PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY By: --------------- Title: ---------------- 12 CITY OF ATLANTIC BF:ACB CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #7B FEBRUARY 22, 2016 AGENDA ITI~M: ORDINANCt: NO. 20-ll,-136 SUilMITTED BY: I>ATE: BACKGROUND: AN ORDINANCE AMENDING THE OPI~RATING BlJOGI~T FOI~ TilE CITY Oli ATLANTIC BEACII. FLORIDA FOR FISCAL YEAR BEGINNING OCTOIJF:R I. 2015 ANO I':NOING SEPTEMBER JO, ZOJ6 FOR APPROI•IUATING FUNDS ASSOCIATED WITII TilE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASII .MPLEMENTATION GRANT, ANO l'ltOVIOING AN EFFECTIVE OA TE. Russell Caffl:y DircciM nf l'innncc .Jununry II, 20 16 The Atlantic Bem.:h Police Department (AI3PD) recently trunsitioncd to th e usc ol"lhc Trurtit.: und Crimi nal Sot\warc (TmCS) offered hy the Floriclu Deportment of Transportation (FDOT) in January 20 15 . T hi s system is being utili zed fhr all trnrtic citations. twflic crash reports. ami traftk warnings hy ABPD ofliccr!i. A scnn ncr is available which is cn mp ntihlc with the TraCS sys tem that cnn scan th ese han.:mlcs and import thi s infonnntion into TraC'S without the need for manual entry. This reduces th e time it takes ol'ticcrs to complete citations or crash reports and virtually eliminates the likelihood n datu entry error can he mnde. This would improve the dnt a quali ty nf our citations and cra sh reports . BUDGET: Adopting Ordinance No. 20-1 6~ I 36 creates the hudgcl necessary to expend the funds l'nr th e gru nt. There nrc nn matchin g runds required hy the grant. RECOMMENDATION: Approve Ortlincmcc 20-1 6-13Cl ATTACIIMENTS: I . Ordinance20-16-IJ(l 2. FOOT Cover Letter REVIEWED BY CITY MANAGER: ORDINANCE NO. 20-16-136 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM #7B FEBRUARY 22, 2016 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 is amending the operating budget to add net revenue totaling $8,950 and net expenses totaling $8,950 for the FDOT Grant Fund. 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 2015/2016 Budget to be amended as follows: -FDOT E-CRASH IMPLEMENTATION GRANT FUND- Revenues: FDOT-Reimbursement Total Revenues Expenses: FDOT-Operating Supplies Total Expenses Fund Balance 2. This ordinance shall take effect immediately upon its adoption. Approved as to form and correctness: RICHARD KOMANDO, ESQUIRE City Attorney Mitchell Reeves Mayor I Presiding Officer ATTEST: DONNA L. BARTLE, CMC City Clerk $ 8,950 $ 8.950 $ 8,950 $ 8.950 <$0> Centennial 191 }11 20/!i Floritla DepartnJent of' Transportation run< scurr GOVERNOR Dece mb er 22, 2015 Nelson Van Liere Ci ty Mana ger Cily of At lantic Beach 800 Seminol e Road At lan ti c Beac h. Florida 32233 605 Suwann ee S treet Tn ll nhassce , FL 32399-0450 RE : Proj ect Name: E-Crctsh lmple mentatiou Grant Project Number: M3DA-16-I 8-10 DOT Contract Numb er: 00480 Dear Mr. Van Liere: AGENDA lTEM #7£J FEBRUAR Y 22,2016 .111\1 UOXOLU SECil ETARV Your app lication to th e Florida Department of Transportation for hi ghway safety funds ha s been approved. We are pl eased to make thi s award in the amo unt of~ for th e purp ose of imp lem enti ng the E-Crnsh lmplc mc ntnlion Grant project. I\ copy of the approved sub--gran t agreeme nt referenced above is enclosed for your file . All correspondence with th e Department should a lways refer to Ute projec t name, project nu mb e r, and the Department 's con trac t number. T he effective da te of the sub-grant agreeme nt is December 22, 2015, and only tho se costs incurred on or after that date and on or before September 30, 2016 are eligi ble for reimbursement. Pl ease review Part V of thesub-grant agreemen t ent itled "Acceptance and Agreement." This secti on contains th e legal cond itions of your subgranl and has changed significa ntly from previous years. We took forward to worki ng wit h you on this proj ect. If you have any questions or need assis tance, p lease contuct your Program Manag er Danie ll e King at (850) 414 -4226 , who will be coordinatin g this activity. Sincere ly, ~4 Chri s Craig, CPM Traffic Safety Admi nistrator CC/dk Enc losures cc: Contracr Fil e f in ancia l Fi le ~'V\•.rw .dot .state . tl .us CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # SA FEBRUARY 22, 2016 AGENDA ITEM: Ti devlews Park Improvements Discus si on SUBMITTED BY: Kayle W. Moore, P.E., Interim Public Works Director ?(~ DATE: February 8, 2016 BACKGROUND: The Marsh Master Plan envisioned walking trails arou nd the two stormwater ponds near Jasmine Street adjacent to the marsh . Park features in the area were also included in the Marsh Master Plan. Prior discussion s with the Commission requested three alternative locations for park parking. • The Bennett property • Jasm i n e Street • South of the ponds On November 17, 2015, a contract for conceptual and final design of the project was issued . Attached is a conceptual design of the proposed improvements illustrating two of the three pa rking alternatives requested, and poss ible park features. Parking along Ja smine Street was eliminated b ec ause of existing stormwater infrastructure impacts. The Commission's input on the design especially related to park features and parking location is requested . A neighborhood meeting with area residents is anticipated after incorporation of City Commission comments. BUDGET: Funding for design in the amount of $25,000 is included in the FY 15/16 budget. A very preliminary budget cost estimate is $500,000 for the improvements. it is anticipated FIND will continue to fund the improvements In our Marsh Master Plan at the SO% ($250,000) level. Submittal of the grant application is required in March. It will be necessary to identify a funding source and include construction funding in the FY 16/17 budget to continue the project. RECOMMENDATION: Request Commission consensus that the design continue, with citizen involvement regarding possible amenities to be included, and for the City to apply for FIND grant funding for this project. ATTACHMENTS: Conceptual Design REVIEWED BY CITY MANAGER: :-:7J (,. ~ dU-:td An.ANTICBEACH, Fl Twin Lakes Multi-Purpose Path: CO NCEPT 011212016 AWES A SSOCIATES L _________ ~ ' ' I I I I ' I I I I I I I ·+- 1 I I I I I I . I I I I "--FlCI~PA11-t I L ___ : _ _L _____ j jli ---------------~ ;: -----!== ' """"~• ~-----~ ' . ~-----~ I I --TO I' I' IDII'r'I«3P~ON -·""" I' I ' LL _____ j_ _____ j ' . L __ _ r-r-----r--------,---- 0 )0 •• .. 11'\ ......... . 1....:_) -----~·-· ----__ ... __ _ JASMINE STREET PARJ<JNG CROSS SECTION DETAIL . -----~ -----~ ' : I ! --TO ,,. ~ =;..... r .. -::-::. .. 'r .;;;.-:~~t:~~c:~;~~--+ CMZUO '-...._', '\ ''-, ' ,,,,,,. '\1 I 1 I • \" 1 I , I lor:..\.lEMTHTO /ff/)1 ~ ...... /JJ I I • //// // f ," r ..... :; ..... ,.:"' . . TO-L-·-·· ----------~ IDUTICTREElO~ .,.,..,It\ ......... ._.-.__ ... v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Amended & Enacted 6/23/15 Introduced by Council Member Carter and Co-Sponsored by Council Member Redman and amended on the floor of Council: ORDINANCE 2015-337-E AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE) , ORDINANCE CODE; CREATING A NEW SECTION 656.422, TO ESTABLISH A PERMANENT PROCESS FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A ONE TIME FEE OF $25; PROVIDING FOR SUNSETTING OF PILOT PROGRAM; PROVIDING THAT EXISTING PERMITS UNDER THE PILOT PROGRAM REMAIN VALID; PROVIDING FOR SEVERABILITY; PROVIDING FOR OVERSIGHT BY THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING EXEMPTION FOR IDENTIFIED NEIGHBORHOODS; PROVIDING OPT-IN PROCESS FOR EXEMPT NEIGHBORHOODS; PROVIDING OPT-OUT PROCESS FOR NON-EXEMPT NEIGHBORHOODS; PROVIDING AN EFFECTIVE DATE. 21 WHEREAS, the concept of local sustainabili ty has inspired an 22 interest in backyard and community food production to provide local 23 food sources, a concept that is congruent with the City's 24 encouragement of community gardens in paragraph 6.3.8 of the City's 25 Future Land Use Element of its 2030 Comprehensive Plan; and 26 WHEREAS, currently the Zoning Code allows the keeping of 27 chickens only in its low density/rural Agricultural and Rural 28 Residential-Acre Zoning Districts, but not in the urban 29 environment; and 30 WHEREAS, many communities in Florida and throughout the United 31 States have been exploring and implementing performance standards Amended 6/23/15 1 that compatibly integrate the keeping of backyard chickens into 2 their urban residential settings; and 3 WHEREAS, chickens are social not solitary animals, can make 4 good pets, and findings indicate that five (5) are sufficient to 5 meet the needs of the average family's egg consumption; and 6 WHEREAS, residents of the City living in residentially zoned 7 areas that are not allowed to keep chickens have indicated a desire 8 to do so, asking that special attention be initiated as to how 9 chickens can be successfully and lawfully integrated into their 10 residential environments; and 11 WHEREAS, the City enacted a two-year pilot program under 12 Ordinance 2013-415-E to determine the need for and public support 13 of a permanent backyard hen program; and 14 WHEREAS, the Municipal Code Compliance Division, in 15 conjunction with Animal Care and Control, issued an evaluation and 16 review report of the pilot program pursuant to Ordinance 2013-415-E 17 and found no adverse complaints resulting from legally permitted 18 backyard hens; and 19 WHEREAS, the findings and recommendations of the City's 20 Planning Commission and its City Council have been considered; now 21 therefore 22 BE IT ORDAINED by the Council of the City of Jacksonville: 23 Section 1. Purpose and Intent. The purpose of this 24 ordinance is to create a program to permit backyard hens in certain 25 residential zoning districts in which they are currently not 26 permitted. This ordinance shall not change the rights granted to 27 properties located in the Agriculture and Rural Residential-Acre 28 zoning districts pursuant to Section 656.401(A) (3), Ordinance Code. 29 This ordinance establishes criteria and limitations so as to avoid 30 adverse impacts on neighboring properties and residents, and to 31 provide for the health and safety of the chickens. Nothing herein 2 Amended 6/23/15 1 shall supersede any legally adopted, recorded restriction within 2 any platted neighborhood. 3 Section 2. Creating a new Section 656.422 (Backyard hens 4 in certain residential zoning districts), Ordinance Code, amended. 5 Section 656.422 (Backyard hens in certain residential zoning 6 districts), Subpart B (Miscellaneous Regulations), Part 4 7 (Supplementary Regulations), Chapter 656 (Zoning Code), Ordinance 8 Code, is hereby amended to read as follows: 9 CHAPTER 656 10 ZONING CODE 11 * * * 12 13 14 PART 4. SUPPLEMENTARY REGULATIONS SUBPART A. PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA * * * 15 Sec. 656.422. Chickens allowed by permit in certain zoning 16 districts . 17 (a) For the purpose of this section, a chicken (Gallus 18 domesticus) refers only to a female chicken. Chickens, also 19 referred to herein as "Backyard hens," are allowed in conjunction 20 with a single family dwelling as defined in Part 16 of the Zoning 21 Code, by permit and subject to the performance standards and 22 development criteria set forth herein. 23 (b) A permit is required to ensure compliance with 24 performance standards and development criteria. The application for 25 permit must be submitted to the Planning and Development Department 26 prior to placement of any chickens on the property. A one-time 27 non-refundable $25 permit fee shall be required at the time of 28 application. Prior to permit application, all residents wishing to 29 have backyard hens must evidence the completion of a chicken 30 keeping seminar from the Duval County Agricultural Extension 31 Office. Upon submission of a completed application as determined by 3 Amended 6/23/15 1 the Planning and Development Department, completion of the seminar, 2 and payment of the $25 permit fee, the Planning and Development 3 Department shall issue the permit. If applicant has prior attended 4 the chicken keeping seminar, applicant shall submit the permit 5 application with fee, along with proof that applicant has completed 6 the chicken keeping seminar at the Duval County Agricultural 7 Extension Office. 8 (c) Up to five (5) chickens may be permitted on each 9 residential lot. If the lot is larger than one (1) acre, five (5) 10 additional chickens may be permitted per each additional 21,780 11 square feet over one (1) acre. The aforementioned land 12 requirements are the gross area of the premises harboring such 13 chickens and include areas used by the resident for residential or 14 other purposes, in addition to the keeping of the chickens, subject 15 to the following performance standards and development criteria: 16 ( 1) . Chickens shall be kept within a coop or enclosure 17 (a fenced or wired in area, or pen, required in conjunction 18 with a coop to provide an outside exercise area for chickens 19 free from predators and of a size that allows access to a 20 foraging area, sunlight, etc.) at all times. A coop is herein 21 defined as a covered house, structure or room that will 22 provide chickens with shelter from weather and with a roosting 23 area protected from predators. 24 (2). The coop shall be screened from the neighbors' view, 25 using an opaque fence and/or landscape screen. 26 (3). Any chicken coop and fenced enclosure shall be 27 located in the rear yard of the property, unless the property 28 is deemed to have double frontage on a navigable waterway. No 29 coop, enclosure or chickens shall be allowed in any front or 30 side yard (corner lots and through lots shall be excluded from 31 side setback restriction) unless as otherwise described above. 4 Amended 6/23/15 1 (4). If the coop exceeds 100 square feet in size (10 foot 2 by 10 foot) , a building permit must be obtained from the 3 City's Planning and Development Department. 4 ( 5) . The coop shall be covered and ventilated, and a 5 fenced enclosure/run is required that is well drained so that 6 there is no accumulation of moisture. The coop and enclosure 7 shall be completely secured from predators, including 8 openings, ventilation holes, doors and gates (fencing or 9 roofing is required over the enclosure ln addition to the 10 coop). 11 ( 6) The coop shall provide a minimum of three (3) square 12 feet per chicken and be of sufficient size to afford free 13 movement of the chickens. The coop may not be taller than six 14 ( 6) feet measured from the natural grade, and must be easily 15 accessible for cleaning and maintenance. 16 (7). All stored feed shall be kept in a rodent and 17 predator proof container. 18 (8). Chickens may not be kept on duplex, triplex or ln 19 multifamily properties. Chickens are allowed in manufactured 20 home subdivisions but are not allowed within mobile home/ 21 manufactured home or recreational vehicle home parks or rental 22 communities. 23 ( 9) No male chickens/roosters, ducks, geese, turkeys, 24 peafowl, pheasants, quail or any other poultry or fowl may be 25 kept under this program. 26 (10). The slaughtering of chickens on the premises is 27 strictly prohibited and therefore not allowed. 28 (11). Chickens shall be kept for personal use only. The 29 selling of chickens, eggs or chicken manure, or the breeding 30 of chickens for commercial purposes is prohibited. 31 ( 12) . Chickens shall not be permitted to trespass on 5 Amended 6/23/15 1 neighboring properties, be released or set free and shall be 2 kept within a coop and enclosure at all times. 3 (13). Chicken coops and enclosures shall be maintained in 4 a clean and sanitary condition at all times. Chickens shall 5 not be permitted to create a nuisance consisting of odor, 6 noise or pests, or contribute to any other nuisance condition. 7 ( 14) . All chicken coops or enclosures shall meet the 8 setbacks for accessory structures pursuant to Section 656.403 9 of the Zoning Code. 10 (d) No dog or cat that kills a chicken shall, for that reason 11 alone, be considered a dangerous and/or aggressive animal. 12 (e) Chickens that are no longer wanted by their owners shall 13 not be taken to Animal Care and Protective Services, nor shall they 14 be released. Said chickens shall be taken to certain pre-identified 15 locations, such as Standard Feed that will accept and place any and 16 all unwanted chickens. Animal Care and Protective Services shall 17 maintain a list of approved locations for the owner surrender of 18 chickens. 19 (f) As a condition of the issuance of a permit, a permit 20 holder consents to inspection of his or her property upon complaint 21 to the City as related to backyard hens. Following a complaint as 22 to a particular property and upon notice to the permit holder, the 23 permit holder shall allow the Municipal Code Compliance Division to 24 enter onto his or her property during a scheduled visit to ensure 25 compliance with the regulations, performance standards and 26 development criteria herein. 27 (g) This section shall not change the rights granted to 28 properties located in the Agriculture and Rural Residential-Acre 29 zoning districts pursuant to Section 656.401(A) (3), Ordinance Code. 30 (h) This section does not supersede any legally adopted, 31 recorded restriction within any platted neighborhood. 6 Amended 6/23/15 1 * * * 2 Section 3. Sunsetting the Pilot Program. The provisions 3 of Ordinance 2013-415-E, providing for a pilot program for backyard 4 hen permits, shall sunset, be repealed, and be of no further effect 5 on July 1, 2015. 6 Section 4. Existing Pilot Program Permits Valid. 7 Existing permits issued pursuant to the Pilot Program set forth in 8 Ordinance 2013-415-E, which are active and in compliance with 'the 9 provisions set forth in Section 2 herein on the Effective Date or 10 this Ordinance shall be administratively converted by the Planning 11 Department to the permit authorized herein and shall require no 12 additional fee or certification. 13 Section 5. Providing Exemption for Identified 14 Neighborhoods. The single-family residential neighborhoods 15 identified on attached Revised Exhibit 1 shall be exempt from the 16 allowance of chickens as contemplated in this ordinance. All other 17 applicable laws remain in full force and effect with regard to 18 animal control and code enforcement matters in the neighborhoods so 19 identified. 20 Section 6. Providing Opt-in Process for Exempt 21 Neighborhoods. For those neighborhoods identified in Section 5 22 above as exempt, there shall be a process to opt-in to the 23 provisions of Section 656.422, Ordinance Code, to allow chickens on 24 single-family properties in those neighborhoods; provided however, 25 in order for a particular identified neighborhood (as defined in 26 Revised Exhibit 1} to opt-in, at least fifty percent (50%} plus one 27 of the property owners must demonstrate their support in writing to 28 opt-in, or alternatively, if the neighborhood elects a homeowners 29 association board, the homeowners association board may, by a 30 majority vote, approve the opt-in for that particular neighborhood. 31 Property owners interested in the opt-in process may obtain an opt- 7 Amended 6/23/15 1 in form from the Planning and Development Department. In order to 2 opt-in, signatures of property owners representing fifty percent 3 (50%) plus one of the property owners (only one property owner per 4 lot shall be counted in deriving the 50% plus one threshold) will 5 be the minimum to include the neighborhood. Alternatively, proof of 6 homeowners' association resolution or action in support of the 7 request to opt-in may be submitted instead of the opt-in signature 8 form. Upon verification and completeness of the form, or 9 verification of the homeowners' association opt-in resolution or 10 action, the Planning and Development Department will certify that 11 the neighborhood has opted-in and will directly notify the 12 Municipal Code and Compliance Division for enforcement purposes. 13 Section 7. Providing Opt-out Process for Non-exempt 14 Neighborhoods. For neighborhoods not identified in the exempt 15 neighborhoods in Section 5, there shall be a process to opt-out of 16 the provisions of Section 656.422, Ordinance Code, so that chickens 17 are not allowed on single-family properties in those neighborhoods; 18 provided however, in order for a particular identified neighborhood 19 to opt-out, at least fifty percent (50%) plus one of the property 20 owners must demonstrate their support in writing to opt-out, or 21 alternatively, if the neighborhood elects a homeowners association 22 board, the homeowners association board may, by a majority vote, 23 approve the opt-out for that particular neighborhood. Property 24 owners interested in the opt-out process may obtain an opt-out form 25 from the Planning and Development Department. In order to opt-out, 26 signatures of property owners representing fifty percent (50%) plus 27 one of the property owners (only one property owner per lot shall 28 be counted in deriving the 50% plus one threshold) will be the 29 minimum to exclude the neighborhood. Alternatively, proof of 30 homeowners' association resolution or action in support of the 31 request to opt-out may be submitted instead of the opt-out form. 8 Amended 6/23/15 1 Upon verification and completeness of the form, or verification of 2 the homeowners' association opt-out resolution or action, the 3 Planning and Development Department will certify that the 4 neighborhood has opted-out and will directly notify the Municipal 5 Code and Compliance Division for enforcement purposes. For purposes 6 of this provision the boundaries of a "neighborhood" shall be 7 defined by the subdivision plat of the neighborhood as recorded in 8 the public records of Duval County. 9 Section 8. Planning and Development Department to 10 Administer Program and Provide Forms for Permitting and Opt-in and 11 Opt-out. The Planning and Development Department shall oversee and 12 administer the permit program described herein. In addition, the 13 Planning and Development Department shall prepare application forms 14 and opt-in and opt-out forms discussed above, with the assistance 15 of the Office of General Counsel. The Planning and Development 16 Department shall coordinate with the Parks, Recreation and 17 Community Services Department insofar as the Parks, Recreation and 18 Community Services Department oversees the Duval County 19 Agricultural Extension Office. 20 Section 9. Severability. If any section, sentence, 21 clause, phrase, or word of this Ordinance is, for any reason, held 22 or declared to be unconstitutional, inoperative or void, such 23 holding or invalidity shall not affect the remaining portions of 24 this Ordinance, and it shall be construed to be the legislative 25 intent to pass this Ordinance without such unconstitutional, 26 invalid or inoperative part therein. 27 Section 10. Effective Date. This Ordinance shall become 28 effective upon signature by the Mayor or upon becoming effective 29 without the Mayor's signature. 30 31 9 Amended 6/23/15 1 Form Approved: 2 3 /s/ Paige Hobbs Johnston 4 Office of General Counsel 5 Legislation Prepared By: Paige Hobbs Johnston 6 G:\SHARED\LEGIS.CC\2015\0rd\2015-337-E.doc 10 APPLICATION FOR BACKYARD HENS AGENDA ITEM# SB FEBRUARY 22, 2016 PLEASE PROVIDE ALL REQUESTED INFORMATION AND SUBMIT BY MAIL OR IN PERSON TO THE CURRENT PLANNING DIVISION AT THE ED BALL BUILDING (214 HOGAN ST. NORTH, 3rd FLOOR, JACKSONVILLE, FL 32202) WITH A $25.00 CHECK PAYABLE TO THE (TAX COLLECTOR). FOR FURTHER INFORMATION, PLEASE PRONE: 904-255-7865 DATE: __________________________ ___ Applicant Information Applicant Name:---------------------------------- Property Address: _________________________________ _ City:-------State: ___ _ Zip Code: ____ Real Estate Number: ______ _ Mailing Address (if different):------------------------------ Telephone Number:----------------Fax:--------------- ~Mail Address: _________________________________ ___ Land Area (Acres): ____ Number of hens sought: _____ Zoning District:------- Date ofReguired Agriculture Extension Office Seminar:------------------- DISCOSURE STATEMENT I HEREBY ACKNOWLEDGE THAT I ACCEPT THE FOLLOWING TERMS AND CONDITIONS: 1. Chickens shall be kept in a coop or enclosure at all times. 2. The coop shall be screened from view from the neighboring property by an opaque fence or visual barrier. 3. Coops shall be located in the back yard except in the case of through lots. 4. Chickens and coops are not permitted in front or side yards except as provided in the Zoning Code. 5. Coops greater than 100 square feet in size require a building permit. 6. Coops shall be covered and ventilated, and also secured from predators. 7. Coops shall provide a minimum of3 square feet per chicken and be large enough to provide free movement. 8. The maximum height of a coop is 6 feet. 9. All stored feed shall be kept in a rodent and predator proof container. I 0. Chickens are prohibited on duplex, triplex, or other multi-family properties. II. Chickens are prohibited in mobile home/manufactured home parks, RV parks, or rental communities. 12. Male chickens/roosters are prohibited. 13. Slaughtering of chickens is prohibited. 14. Chickens shall be kept for personal use only. Breeding or selling chickens for commercial purposes is prohibited. 15. The selling of chickens, eggs, or manure from the property is prohibited. 16. Chickens shall not be allowed to trespass on neighboring properties. 17. Coops and enclosures shall be maintained in a clean and sanitary condition at all times. 18. A dog or cat that kills a chicken shall not, for that reason alone, be considered a dangerous or aggressive animal. 19. Unwanted chickens shall not be released or taken to Animal Care and Protective Services. 20. Unwanted chickens shall be taken to preapproved locations as determined by Animal Care and Protective Services. 21. Coops and enclosures shall meet the zoning setback requirements for accessory structures. Rev. 07/07/15 AGENDA ITEM# 8B FEBRUARY 22, 2016 22. The pennit holder consents to inspection of their property upon complaint related to backyard hens. The Municipal Code Compliance Division shall be allowed to enter onto the property during a scheduled visit to ensure compliance with the applicable regulations, performance standards, and development criteria. CERTIFICATION: I CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I HEREBY UNDERSTAND THAT THE ISSUANCE OF A PERMIT FOR BACKYARD HENS DOES NOT SUPERCEDE PRIVATE DEED RESTRICTIONS AND/OR HOMEOWNER ASSOCIATION COVENANTS. FURTHER, I HEREBY GRANT PERMISSION FOR THE CITY OF JACKSONVILLE TO ENTER THE PROPERTY LISTED ABOVE FOR THE PURPOSE OF INSPECTING FOR COMPLIANCE. PRINT NAME SIGNATURE PLANNING AND DEVELOPMENT DEPARTMENT USE ONLY PERMIT# ______ DATE: _____ APPROVE/DENY: ___ _ REVIEVVEDBY: ___________________________ __ CO~NTS _______________________ __ General sketch of property layout, chicken coop, and enclosure Rev. 07/07/15 Neptune Beach Summary: AGENDA ITEM# 8B FEBRUARY 22, 2016 ORDINANCE NO. 2016-:XX, PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A ONE TIME FEE OF $25; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 25; PROVIDING FOR A SUNSETTING OF THE PILOT PROGRAM AFTER TWO YEARS; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY COUNCIL AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM: SUBMITIED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Budget Calendar and Strategic Planning Nelson Van Liere, ~-~ ~ City Manager February 11, 2016 AGENDA ITEM# SC FEBRUARY 22, 2016 BACKGROUND: Each year the City staff begins the budget preparations around the middle of March. As Commissions change and priorities change, it may be necessary to conduct what we call Strategic Planning workshops to help determine early in the budget cycle what the current Commission would like to see in the budget for the upcoming year. This item is placed on the agenda to explain the timeline we use to put the operating budget together. This item is also on the agenda to get input on the preferences for the need to hold strategic planning meetings this year. Scheduling workshops where everyone must be involved is difficult when coordinating with a facilitator, if that is the desired format. The earlier we know what the preferences are, the better. BUDGET: N/A RECOMMENDATION: That the City Commissioners consider their preference regarding Strategic Planning workshops, how they would like them to be conducted if they choose to have them this year and what format is preferred. ATIACHMENTS: Budget Calendar for FY-2017 budget preparation Date April -TBD March 21 to April30 March 25 to April29 May2 to May 27 May 27 to July 1 June 20 to July 29 July 1 July 11 or July 25 August 8 August 24 August 10 to August 1ih August 22 to September 5 September 12 September 24 September 26 Required Action City of Atlantic Beach Draft Budget Calendar Fiscal Year 2016-2017 Strategic Planning and/or Pre-Budget Preparation Workshop Update Ten Year CIP Requirements To Finance Director Preparation of budget requests on-line, current year budget review. Review of on-line requests, CIP Requests, Meetings with Department Heads for explanations and justifications. Program pages are also to be included in discussions. Preparation of Proposed Budget, follow-up meetings with City Manager and Finance Director State Revenue Sharing Estimates provided Receive Certification of Taxable Value City Manager to propose millage rate on DR-420 and schedule a public hearing to consider the Tentative Millage and Tentative Budget. This information is to be presented to the property appraiser within 35 days from the date of certification, (August 4th). Proposed Budget submitted to the City Commission Tax notifications to be mailed within 55 days of Certification, (TRIM notice of proposed property taxes). The City Commission holds workshops to review the Proposed Budget. The meetings are held at 5:00pm and last about three hours each. Proposed August 1Oth and August 1 ih -Both are on a Wednesday Advertise in newspaper for public hearing on adoption of Tentative Budget and Proposed Millage (The property appraiser also notified property owners). Hold Public Hearing to adopt the Tentative Budget and Millage (F.S. 200.065). Publish TRIM notice in public newspaper Hold Final Hearing to approve Budget and Millage Rate AGENDA ITEM# 8C FEBRUARY 22, 2016 Responsibility Department Heads Finance Director City Manager City Commission Department Heads Department Heads Department Heads Finance Director City Manager Department Heads Finance Director City Manager Department of Revenue Property Appraiser City Manager City Manager Finance Director Property Appraiser Department Heads Finance Director City Manager City Commission Finance Director City Clerk Property Appraiser City Commission Finance Director City Commission AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMlSSJON MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA fTEM # 9A I~E DRUARV 22,2016 Yvonne Calverley, Executive Assistant to the C ity Manage~~<:-­ February 8, 2 016 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day cale ndar is inc luded on the agenda for the purpose of setting meeting dates, determinjng 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: • Commission Meeting schedul ed for T uesday, March 8'11 at 6 pm for oraJ presentations and final selec tion of new Ci ty A ttorney/Firm. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar tor March through May 2 016 ATTACHMENT: l ) Mayor and Commission 90-Day Calendar (March through May 20 16) CITY MANAGER: _-n_..:.....;_'_V:_c::l..-._· .;_...?c_uy--=·-------- MAYOR AND COMMISSION March 2016 I Sl'::-.:D .\ Y ,\[(>:--:D .\ y 'I'L'I ·:SD.\ Y \\'I ~D:--:ESD .\ Y Tlll l RSD .\Y I;RJI).\ Y S.\'J l'IU1. \ Y 1 2 3 4 5 6 7 8 9 10 11 12 Oral Presentations & F inal Selectio n Due Date fo r fo r C ity Attorney 3/28 6 p m Agenda I tems 13 14 15 16 17 18 19 Commission Mtg 6:3 0pm (Invoc-Waters) V ideotaped 20 21 22 23 24 25 26 Due Date for 4/11 Agenda Item s 27 28 29 30 31 Com mi ssion Mtg 6 :3 0pm (In voc-Reeves) V id eotaped MAYOR AND COMMISSION April2016 :'L'\:t).\ 'I' ~10:\D .\ 'I' TL"I ·::-:D .\ Y \\"I ~D:\1 ·::-:n \ Y "IIIL'RSD .\ Y !'RID.\ Y !'.\Tl'RD.\ Y 1 2 3 4 5 6 7 8 Newsletter Due 9 (Mayor) Due Date for 4/25 Agenda Items 10 11 12 13 14 15 16 Commission Mtg 6:30pm (lnvoc-Stinson) Videotaped 17 18 19 20 21 22 23 Due Date for 5/9 Agenda Items 24 25 26 27 28 29 30 Commission Mtg 6:30pm (Invoc-Hill ) Videotaped MAYOR AND COMMISSION May 2016 ~l ':"D .\ \" ,\1( >I'D.\ y 'I'L'I ·::-\D .\ Y \\'I ~D:-.:I ·:SU .\ Y 'I'III .:RSD .\ \" !;IUD.\ Y S.\TU RD.\ Y 1 2 3 4 5 6 7 Newsletter Due (Ma vor) Due Date for 5/23 Agenda Items 8 9 10 11 12 13 14 Commi ssion Mtg 6:30pm (Invoc-Daugherty) V ideotaped 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Com m ission Mtg Due Date fo r 6 :30pm 6/13 (lnvoc-Waters) Agenda Items V ideotaped 29 30 31 Memorial Day City Offices Closed