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7-25-16 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING July 25, 2016-6:30PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes of the Commission Meeting of July 11, 2016. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Public Hearing-16-UBEX-1 01-Request for a use-by-exception as permitted by ·section 24-111 ( c )(3 and 5), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and limited wholesale operations at 725 Atlantic Boulevard Unit 3 and 15. (The public hearing is scheduled for July 25, 2016 at 6:30p.m.) 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Recreation Programs/Special Events Report and Monthly Financial Report for June 2016. B. Approve the purchase of Three (3) Gorman-Rupp Pumps in the amount of $61,933 from Hudson Pump & Equipment Associates, Inc. as they are the City's sole source distributor of Gorman-Rupp pumps. C. Accept the Ocean Gate Infrastructure for Ownership and Maintenance. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-16-139, 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 LAW ENFORCEMENT GRANT, AND PROVIDING AN EFFECTIVE DATE. 1 8 . Miscellaneous Bus iness (Discussion only) A. 16-SFPA-125-Request for plat approval as required by Chapter 24, Articl e 4 of the Code of Ordinances at RE# 172147-0000 and 172150-0000 (previously known as 115 and 125 Dom1er Road). B, 16-UBEX-t 29-Request for a use-by-excep tion as pem1 itted by Section 24-111 (c)(8), to allow a woodworking shop at 33 W 6th Street. C. 2016 Am1u al Eva lu ations for the Three Appointed Positions (Mayor Reeves) D. Sign Code-Suspension of Temporary Non-Commercial S ign Enforcement (City Attorney) E. Draft Ordinance regarding a temporary moratorium for "automobil e servioe stations". (City Attorney) F. Proposal to eliminate el ectedofficials@coab.us as a method of communicating. 9. C ity Managct· A. 90-Day Cal endar (A ug ust 20 16 through October 2016) 10 . Repm·ts and/or requests from C ity Commissjoners and CHy Attom ey Adjournment P lease Note: This meetin g will be live-streamed and videotaped and can be accessed by c licking on the Commission Meeting Video tab located o n the hotne page of the City's website at www.coab.us. If any person decides to appea l any decision made by the City Commission with respect to any matter considered at any meeting, such person may n eed a record of t he proceedings, and, for such purpos e, may need to ensure that a verbatim record of the proceedings is made, which record sha ll include the testimony and evidence upon which the appea l is to be based. Any person wishing to s peak to the City Commission on any matter at this meeting shou ld submit a request to the C ity C lerk prior to the meeting. For your conven ience, fonns for this purpose are avai lable at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commissio n is expected to take on each agenda item. However, the City Commission may act upon any agenda subj ect, regardless of how tbe matter is st ated on the agenda. In accordance with the Americans with Disabilities Act and Secli on 286.26, F lorida Stat utes, persons with disabilities needjng special accommodation to participate in t hi s meeti ng s hould contact the City C lerk by 5 :00PM, Friday, July 22, 20 16 . 2 MINUTES REGULAR CITY COMMISSION MEETING July 11, 2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Harding Commissioner John Stinson Commissioner M. Blythe Waters CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson Van Liere City Clerk Donna L. Bartle Invocation and pledge to the flag Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA JULY 25, 2016 Mayor Reeves called the meeting to order at 6:35 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves explained the Commission will not take action tonight on Item 3A, but they will have a discussion. He also explained the Aquatic Drive project is not on the agenda and gave a status of the project. 1. A. Approve the minutes of the Commission Meeting of June 27, 2016. Mayor Reeves asked if there were any conections to the above minutes. There were no conections, so Mayor Reeves stated the minutes stand as submitted. Mayor Reeves explained the process for public comments and spoke about recent comments made about the Commission. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Comiesy of the Floor to Visitors. City Clerk Bmile called each speaker to the podium. Dolly McCormick, 792 Aquatic Dr. distributed a petition. She spoke about flooding at Aquatic Gardens and suggested ways to help prevent flooding. Louise Ann Hunley, 591 Aquatic Dr. spoke in favor of the petition presented. She expressed concerns about the current development in the area by TriBridge and spoke against making changes to the dog park. James McCue, 660 Aquatic Dr., spoke in opposition of the TriBridge project, explaining his handout to the Commission and asked that they read it and pay attention to it. Chris Jorgensen, 92 W. 3rd St., spoke of the 4th of July event at Tideview Park at the pier. He explained he is sony to see Freddie with Public Works has depmied and to see Jeremy going. He stated he attended the Pension meeting and has concerns about pension, but he is also concerned about July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A JULY 25, 2016 Page2 inadequate parking at Town Hall. He suggested 3-story parking garages. He spoke in favor of moving the concrete sculpture that is located outside of City Hall. He suggested the extension of the trolley to meet the needs of the citizens. He would like to see more activities for the kids such as Robotics. Paula O'Bannon, 304 1st St., passed out a book she has written about Atlantic Beach to everyone in attendance. She appreciates the effort put fmih regarding the disappearing sidewalks and parking. She mentioned recent articles in the paper and hopes that sidewalks on her street will be put back and not become one big driveway. She suggested better marking for sidewalks through driveways and asked that the sidewalks be outlined in a noticeable way. She stated she agreed with another citizen about orange paint to mark where the lines would be for development of new projects. She stated it is hard not to respond back when speaking. Lisa Herrold, 659 Sherry Dr., spoke in opposition of the Safe Routes to Schools on Sheny Drive, stating the telephone poles are too close to the sidewalk and many will be in the actual sidewalk. She explained the dangers of these poles once the sidewalks are in place. and asked the Commission to speak to the citizens affected by the route. She invited each Commissioner to walk the nine blocks of Sheny Dr. with her. She expressed concern for the trees in place and feels they will suffer damage. Susan Perry, 179 Pine St., refened to the policy E.l.3.5 regarding private development. She explained she is distressed and almmed over the Gate Station and now with the dog park and offered thirty seconds of prayer for the trees and the animals that lost their lives today. Mark Tingen, 1198 Sandpiper Ln E., thanked the Commission for what they do. He also thanked the City of Atlantic Beach Police, stating they do a remarkable job. He encouraged anyone to take the police course each year that is offered and learn more about the police department. Susanne Barker, 1938 Beachside Ct, spoke regarding the tree removal on Aquatic Dr. for the Brownfield project. She expressed concerns about the animals that live in that area and the gopher tmioises that are a protected species. She inquired if there had been an environmental study. She also expressed concerns that the Charter and Codes are not being applied properly and requested that the Commission consider a stop work order. City Clerk Bartle read the names and comments from the citizens who did not want to speak, as follows: Henry Domingo, 405 Aquatic Dr. in support of the petition regarding the flooding. Mardie Le Bouton, 774 Aquatic Dr. in support of the petition for flooding. Rita Yonder Haar, 450 Aquatic Dr. in suppmi of the petition for flooding, but not in suppmi of the 23- unit apartments. Linda McWayne, 510 Aquatic Dr. in suppmi of the flood petition, but not in support of the 23-unit apartments. Duffy McWayne, 510 Aquatic Dr. in suppmi of the flood petition, but not in support of the 23-unit apmiments. No one else from the audience spoke. July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 25, 2016 Page3 Mayor Reeves suspended the rules and offered the opportunity for the Commission to respond to comments they heard tonight. Commissioner Stinson requested that the City Manager do his due diligence to follow up with TriBridge to dete1mine whether animals are being killed at Aquatic Drive for the development. He requested the City Attorney review the minutes of the City Commission meeting where they voted on the TriBridge development to make sure their actions where appropriate. He requested that the City Manager give the Commission a plan or at least a cost estimate for upgrading or updating our Stmmwater Management system, explaining we need to do what we are supposed to do to keep our citizens from having water in their homes. Commissioner Hill asked staff to continue to follow up on the flooding issue to con·ect what we can fix. He stated they need to look at putting structures back that have some grade and elevation. He spoke about the TriBridge development and explained he would have prefened if they could have kept density at a lower level. He suggested that when a concrete pour is made at a property line, it needs to delineate with a different surface or a different color at a property line on every occasion in order to solve 80-90 percentage of our intrusion issues and explained why it is important. Commissioner Waters explained to those on Aquatic Drive who did not feel as though Aquatic Drive drainage was being addressed in the budget process; it is on the mind of the City Manager and our Public Works Director to not only do the work, but to make sure everything needed is budgeted. She explained the City's efforts to address the flooding issues and some of its challenges. She commented on the Brownfield project explaining that because of recent changes to our tree ordinance, tree mitigation is the best it's ever been; that developer will have to do more than any other developer has in te1ms of replanting on site and paying into mitigation; the trees that they plant on site will be higher quality trees in terms of shade and canopy than those that were taken down. She stated the City has done a lot under previous Commissions with the help of Community members and our hard-working staff to see that tree mitigation is addressed in a reasonable and most advantageous way possible to the City. She explained the environmental perks of tying into the existing drainage system. Commissioner Harding explained just prior to the last tropical storm we were threatened with, he made a conscience effort to drive through the Aquatic Gardens and Royal Palm areas and he did see a lot of debris and over growth. He stated he contacted the city manager and had crews sent there to clear it up. He explained there is a lot of work to be done and stands behind the citizens in the attempt to get those drainage areas the best they can be. He stated these issues are a priority and are being addressed. He stated he will take the citizens up on their offer to walk SheiTY Drive and asked that she send her contact information to him by email. Mayor Reeves stated that some people feel it is unusual to do this, but he feels it is important so it is known the citizens are being listened to. He thanked the first speaker for providing solutions. He mentioned a previous suggestion for a vacuum truck, stating that the vacuum truck was in the budget for 2015-2016, but the previous Commission took it out. He explained there are other solutions to have pumps on standby. He stated that the dog park is a wonderful park, but it was purchased as a retention pond and planned for enlarging later if needed. He explained this Commission could vote to turn it back into a retention pond. He asked that the citizens give the Commission a chance to solve problems. He expressed his amazement that he heard so much over the weekend about the trees at the Brownfield, but no comments were made about the trees being taken down at the library in Neptune Beach. He urged citizens to call Commissioners and the City Manager for answers and facts before listening to rumors. July 11, 2016 REGULAR COMMISSION MEETING 3. Unfinished Business from Previous Meetings A. Safe Routes to Schools Route Selection. AGENDA ITEM #lA JULY 25, 2016 Mayor Reeves reiterated that this item is for discussion only and will not be voted on tonight. Page 4 Public Works Director Don Jacobovitz distributed and explained his revised report (which is attached and made part of this Official Record as Attachment A) and his recommendation. Mr. Jacobovitz and Mr. Van Liere answered questions from the Commission. The Commission discussed the project. Commissioner Hill stated he would like to see drawings on how the existing infrastructure is going to be incorporated. He explained why he does not believe the project on SheiTy Drive will work with the existing layout and does not want another bad project that has to be conected later. Commissioner Waters believed it is wasteful to let a grant like this slip through our hands when improved walkability in our city should be a goal. She stated this is for our citizens and the safety of children. She requested data to dete1mine where the kids are coming from and where the path is going. She would like to move forward with a project that works for the city and uses federal money, not city money to improve walkability in our city. Commissioner Stinson explained that if they are going to do this with a safe route to school in mind, we need to know where the children are coming from so a path can be built for them to get to it. He explained there is a need for the larger paths, but it needs to be for the light reason. He compared the route on Plaza Drive to the route on Sheny Drive and believes there is more interaction with all kinds of hazards. Mayor Reeves encouraged any new data that can be obtained before the July 25' 2016 meeting. He explained he has not seen anything written from DOT or JT A that says here is your deadline; he would be surprised if DOT would not allow us more time to get better data and can't imagine them putting a time clock on the project if they want to do what is right. Commissioner Harding explained wanting to get more community input. He stated there is a need for sidewalks to run east and west even if it is not the Safe Routes to Schools Grant and believes we owe that to our residents. He does not see why this is time sensitive. He would like another community meeting and see the routes in order to make a legitimate, educated decision; one that we are not going to be sony for later. The Commission discussed the Town Hall meeting scheduled for Saturday, July 16, 2016. There were scheduling conflicts with tlu·ee Commissioners. Discussion ensued about the timelines and rescheduling the Town Hall meeting. Mr. Jacobovitz answered questions from the Commission. There were suggestions made to mark the path and to mail a bright neon notice of the Town Hall meeting to everyone along the proposed route. Mr. Jacobovitz offered to videotape the marked path. It was the consensus of the Commission to postpone the Town Hall Meeting, have the City Clerk reach out to each Commissioner to see when the Town Hall meeting can be rescheduled as soon as possible and put it on the agenda when it is ready to be discussed. Mayor Reeves called for a break at 8:38 p,m. and reconvened at 8:45p.m. 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 AGENDA ITEM #lA JULY 25, 2016 July 11, 2016 REGULAR COMMISSION MEETING PageS DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Recreation Programs/Special Events Report for May 2016. B. Approve Submittal ofFY 2016-2017 CDBG Grant Projects Application. C. Approve continuing our relationship with Harden & Associates to continue to act as the City of Atlantic Beach's Broker of Record for employee benefits and property and casualty insurance. City Clerk Battle read the consent agenda. Motion: Approve the Consent Agenda Items A, B & C as read. Moved by Waters, Seconded by Hill Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Creation of an Independent Auditor Selection Committee. Finance Director Russell Caffey explained his report. Motion: Have Commissioner Stinson sit on the audit selection committee. Moved by Hill, Seconded by Harding Mr. Van Liere explained the commitment involved in being on this Committee. Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-16-139, Introduction and First 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 LAW ENFORCEMENT GRANT, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. City Manager VanLiere explained the Ordinance. July 11, 2016 REGULAR COMMISSION MEETING Motion: Approve Ordinance No. 20-16-139 as read. Moved by Harding, Seconded by Stinson City Manager Van Liere answered questions from the Commission. Roll Call Votes: Aye: 5-Waters, Harding, Hill, Stinson, Reeves Nay: MOTION CARRIED 8. Miscellaneous Business (Discussion only) AGENDA ITEM #lA JULy 25, 2016 Page 6 A. 16-UBEX-101-Request for a use-by-exception as pe1mitted by Section 24-111(c)(3 and 5), to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and limited wholesale operations at 725 Atlantic Boulevard Unit 3 and 15. Planner Derek Reeves presented a slide show as he explained the request and the Community Development Board's recommendation with conditions. He asked for Commission consensus to move the item forward to a Public Hearing on July 25, 2016. Mayor Reeves asked the applicant to come forward to answer questions. The applicant stated his name and address as Charles Hom, 13783 Deer Chase Place, Pablo Bay. Mayor Reeves asked Mr. Hom what a comfortable number would be for him in order to limit the amount of people because of the parking in the area. Mr. Hom explained the size of the place and believes 75 is more than reasonable. Mayor Reeves asked him if he would be in agreement if they add a condition to restrict to at least 75 and Mr. Hom agreed. Commissioner Harding asked about hazards during the brewing process. Mr. Hom explained there is a boiler in the brewing process, but it is low pressure. Commissioner Hill asked about shielding the back of the building directly North. Mr. Hom explained they will only open their back door once every two weeks to send pallets out, the parking will be in parking spaces against the fence, and the only thing at the building next to wall will be an air conditioning unit. Commissioner Hill asked who regulates micro breweries and Mr. Hom explained there are federal and state agencies and requires three licenses. Planner Reeves answered questions from Commissioner Hill about whether manufacturing at this location is allowed in our Code. Mayor Reeves asked Mr. Reeves if this item is brought back on July 25, 2016 for a public hearing, would he have the recommended condition he asked for and could it be added as a condition. Mr. Reeves agreed to bring something and said it could be added. Discussion ensued about getting a number from the fire marshal to use as that number. Commissioner Waters asked the applicant if there are concems about air quality inside the building, or brewing smell and exhaust for the surrounding area. Mr. Hom stated there should be no concems about it whatsoever inside or outside the building. Mr. Reeves explained the zoning and the noticing requirements. The consensus was to move this item forward to a public hearing on July 25, 2016. 9. City Manager A. City Manager's Report. 90-Day Calendar (July 2016 through September 2016). • Repmied on upcoming items on the calendar: The budget workshop schedule is Monday, August 15, 2016 and Wednesday, August 24, 2016 and the board member appreciation is July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULy 25, 2016 Page 7 being proposed for September 29, 2016. Mayor Reeves explained the status of the Town Hall meeting. • Thanked Derek Reeves for stepping up to handle planning, zoning and community development issues. • Reported that on July 20, 2016, the City of Jacksonville is hosting the Hunicane Season Regional tabletop exercise. • Repmied he spoke with Jeremy Hubsch regarding CRA. They are wrapping up with the funding of the necessity portion of the project and a draft redevelopment plan should be coming to city staff within a couple of weeks. • Repmied the finance depmiment has taken over the business tax receipts. There are a couple of issues that have not moved over. • Reported he met with Neptune Beach and the Beaches Town Center about a plan to develop a town center overlay. He stated they will meet again this week. • Repmied the St. John's River Management District has approved a grant application to install a new meter in our commercial area for radio reads so the data can be obtained without having to physically read the meters. He explained this will be included in next year's budget. • Explained he would like to have a consensus on whether or not the Commission wants to spend the funds to have the City Attomey work on some optional legislation that Ms. Durden is ready to explain. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Durden • Reported there are five things that have been mentioned to her as possible projects moving forward and asked for a consensus in regards to prioritizing what the Commission would like her to work on. 1) A resolution regarding temporm·y signs-She explained the Supreme Comi Case of Reed v. Town of Gilbe1i and recommended that the Commission suspend the enforcement of temporary sign regulations that may be in the Code until such time that the sign code can be modified to comply with the U.S. Supreme Court case. She offered to provide something for the next meeting if the Commission agreed to make it a priority. Mayor Reeves stated that this should be placed on the July 25, 2016 agenda under discussion only to see if the Commission wants to move it forward. A discussion ensued. 2) A potential moratorium on service stations-She explained she has received several comments regarding this and has spoken to the City Manager and other cities with concems like ours. She explained the notice requirements are two readings, one public hearing, and a notice published in the newspaper ten days before the public hearing. She has researched some examples for moratoriums on automobile service stations. There is a lot of concem in the community about service stations. A moratorium allows the City the time it needs to go back and look at those concems. During a moratorium, no application would be accepted by the City. It could be placed on the agenda as early as July 25, 2016 for discussion purposes. A discussion ensued. 3) A Neighborhood Assessment Program-She explained there is a desire to move forward in the City with the Neighborhood Assessment Program. This is a utility undergrounding program that would be geographic in nature and within that geographic boundary. She believes 75% would have to vote an assessment on their prope1iy then July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 25, 2016 Page 8 JEA would come in and underground the utilities. There seems to be community suppmi for this. 4) An urban chicken ordinance for the community. 5) An ordinance to allow for golf carts in the community. Commissioner Hill expressed concerns about getting into a legal funding issue. He believes staff can handle the chicken and golf cart ordinances and they do not have to be done right now. He would like to look for a more economical solution to some of these real simple projects. Commissioner Waters offered to bring the urban chicken ordinance if Commissioner Hill does the golf Cali ordinance. Mayor Reeves explained the purpose of this discussion was to see what we want the City Attorney to help us with while we try to get the legal cost down. Mr. Van Liere stated the resolution on temporary signs and the moratorium are out of his league because of the reasons they al'e being considered. He explained he has an extensive amount of data regarding the overhead to underground utilities that he can give to the City Attorney and can prepare a draft of a chicken ordinance and golf Cali ordinance for legal review. City Clerk Bartle • Introduced Tracy Thompson as her new administrative assistant. Commissioner Stinson • Thanked Ms. O'Bannon for the book. • Wished Jeremy Hubsch all the best in his future endeavors. • Appreciated the Mayor's thiliy second moment of silence at the beginning of the meeting for law enforcement personnel all across the county. • Gave the City Manager an update that he has not been able to get any pump vendor to give a written quote for Public Works. He stated he would like the City Manager and Mr. Jacobovitz to buy the best value that we can get. Commissioner Hill • Asked if there is still money being spent on the CRA if it is not being moved forward on. A discussion ensued. Believes there is a real need to reinstate a Tree Board, stating it would be beneficial to staff. He will bring something to the Commission. • Would like to see a rough architectural drawing of the ped path modification necessary for Sheny Drive with utilities included. Commissioner Harding • Would like to see the Aquatic Gardens drainage be put on priority with Public Works streets and drainage and if there are blockages because of the issues brought up tonight he would like to see some allocations in next yeal·'s budget to create a proactive maintenance program for the drainage. • Would like to get a report regarding the animals and the trees and what was done prior to the removal of the trees and foliage before construction. Would like to know what effmis were taken to preserve the animals in that area. • Stated we are very fortunate to have Chief Deal and his officers continue to come to work amid the negativity going on nationwide. July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 25,2016 Page 9 • In reference to the Town Hall being postponed, please keep in mind budget meetings are coming up next month and a lot will be going on. • Will be attending the Hurricane Season Regional Tabletop exercise with Chief Deal. • Would like to look at placing lighted crosswalks and the costs of placing them at busy intersections of the City for safety. Would also like to look into some additional east and west sidewalks for bicycle and pedestrian safety. • August 2, 2016 thru August 7, 2016 he will be out of town. Commissioner Waters • Expressed thanks to Jeremy Hubsch as he moves on to other things and also thanked all the employees for the hard work they do. • Would like to see an update at the next meeting about the new software implementation and how it is going. • Expressed interest in a tree board or committee with a role of being more proactive in bringing projects and things to the City that they would like to see done as opposed to actually deciding on individual projects. • Would like to see direct mailers go out to any home along the direct path notifying citizens of the Town Hall meeting, once it is scheduled. • Explained an incident that occmTed today of a dog dying of heat stroke. She stated she would like to advise that dogs get hot and cannot sweat and asked to please keep your pets inside and out of the heat. • Expressed the tragedies that have occurred in the United States and abroad serve as a reminder that black lives matter and blue lives matter. We have to take concerns from our law enforcement and our citizens seriously. We have to work to reconcile the divisions and divides that they represent. • Gave a shout out to our police depatiment for all they do. • Asked that we all give respect to each other. Commissioner Hill asked the City Attorney to look into the concerns brought up about the use of park land in our Code and provide the answers to the City Manager. Mayor Reeves repotied that according to emails, the City Manager has already spoke to her about it. Mayor Reeves • Supports a tree committee that would do positive things for the City such as one that would educate new people moving here and builders. • Repotied he has met with the City Manager and Don regarding the drain on Magnolia and Pine and asked that a letter go out about a neighborhood block meeting. • Thanked Chief Deal for the great job the officers did on the 4th of July. • Apologized that his phone went off during the meeting, explaining he forgot to put it on airplane mode and that the message was from his wife letting him know his dinner was in the refrigerator. • Expressed how enjoyable it was this weekend as several citizens approached him and stated that he and the Commission are doing a great job. • Read a quote from Willie Nelson and asked everyone to think positive and get the facts before assuming things. Adjournment July 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JULY 25, 2016 Page 10 There being no further discussion, Mayor Reeves declared the meeting adjoumed at 10:05 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: STAFF REPORT City of Atlantic Beach Commission Meeting Safe Routes to Schools Route Selection ATTACHMENT A MINUTES JULY 11,2016 July 11,2016 _//. ()/-;, j~:f ~~&~ Donald D. Jacobovitz, P.E., Public Works Direct~ J? The Safe Routes to Schools (SRTS) Route Selection was discussed at the June 27, 2016 Commission Meeting and aWorkshop preceding that meeting. At those meetings, the Public Works (PW) recommendation was to select the path that followed the east side of Sherry Drive and Seminole Road for many reasons including that it was the safest route of the various routes considered, it provided the least amount ofuncontrolled crossings, sufficient right-of-way exists, and surveying and design for this alternative is approximately 30% complete. During discussions at the above mentioned meetings, it was suggested that students may be coming from other directions than supported by the proposed path. I mentioned that demographics change from year to year. A path selected and built this year, may not support the greatest number of users in future years, but from all the information we have, it does support the greatest number of users at this time. A SRTS should be selected based upon the best known facts available at the time of its construction. It was suggested that east-west routes leading to and from the school from its rear entrance using David Street and Seaspray Avenue should be evaluated. It was also suggested that the City may consider building more than one alternate route to branch out where the students live. I discussed the selection ofalternate routes with the Florida Department of Transportation (FDOT), the Atlantic Beach Elementary School (ABE), the Jacksonville Transportation Authority (JTA), and the City's Consultant who has supervised this project design. I also inspected the proposed alternative routes. The following are the results ofthese discussions,and my inspection. The FDOT representative, Roo.sevelt Petitihomme, reiterated his comments he had given the City in the past. The path provided already to FDOT can be changed, the amount of funding for this SRTS project remains the same, and it is good that the City has engaged the public on this project. With this in mind, the amount spent to date would be coming from the entire project budget of$671,034 ($125,000 for design, $461,974 for construction, and $84,060 for CEI services). Any additional funds expended above this amount to complete, change, or extend the path would be the responsibility of the City. This includes the design fees as well. The FDOT representative was not supportive of using four or five feet wide sidewalks as a SRTS or to extend a SRTS. The right-of-ways on David and Seaspray up to Seminole are limited in width and will not support a multi-purpose path (MPP) of 8 feet or more in width which is preferred by the FDOT. The Seaspray right-of-way widens after crossing Seminole Road to the west. A MPP could be constructed here; however, there would be telephone utility and tree conflicts all along this path. These conflicts would be more than on the currently proposed path. The path could eventually meet up with Sailfish Drive and travel north to tie into the existing MPP on Plaza Drive. This path could go east to the five-way intersection at Seminole Road. The MPP could then travel down Sherry Drive to the ABE. As I mentioned, the FDOT representative was not supportive of the SRTS along the portion of Seaspray with limited right-of-way. Any improvements in this area or any other path than the originally proposed route would probably be the responsibility of the City especially if any of the design, survey, and utility coordination fees exceed the amount originally programmed for the project. I then met with the Principal of Atlantic Beach Elementary School (ABE), Mindy McLendon. Mrs. McLendon was well aware of the proposed path down Seminole Road and Sherry Drive. The infonnation she gave me was based upon her observations and was not an official policy of the ABE or the School District. The following comments represent the results of our meeting: • Mrs. McClendon said she could not give us information from where the students originate. It does seem that 80% or more of the ABE students are residents of Atlantic Beach. • The school only has one bus to pick up its students. • There is a large percentage of walkers and bike riders, perhaps greater than 50%. • Ofthe other students, approximatelyhalfride the bus and half are brought to school in private vehicles. • Students can enter the rear gate of the school in the moming and leave by that gate after school; however, the school does not endorse that mainly because of the neighborhood's complaints of the restrictions in their access on Seaspray Avenue and Poinsettia Street. If the back gate becomes part of the SRTS project, the increased traffic on Seaspray and Poinsettia will exacerbate the access problems (and complaints). It appears that most of the students who enter that gate are being dropped off by private vehicles. There is a Crossing Guard posted at that gate in the momings, and the gate is locked during the day. • Based on Mrs. McClendon's observations each day, she feels the majority of the students who walk or ride to school would be best served by the SRTS route recommended by City Staffbecause they appear to be coming from the north and east of ABE I next spoke with Chris LeDew of the JTA. The JTA is the Local Agency Program (LAP) coordinator for projects in our area which use FDOT, or in this case, Federal Highway Administration funding to complete. Our SRTS project has been coordinate.d through them. Mr. LeDew was concerned that we had not progressed further through the design scope of our originally selected path. He made several points which we should keep in mind while moving forward with this project. These points are as follows: • We performed our due diligence in selecting this project, qualifying it through the LAP process, and getting it awarded. • At some point, the City needs to let our residents know that the City does own the right- of-way through which the SRTS MPP will follow and it intends to complete this project. • Minor changes in the deviation of the path would be acceptable, but the cost of major route changes would most likely have to be borne by the City. • The drainage and utility reviews for the proposed path have already been completed through the design process so far. The cost of these activities for any other route would be significant and would become the responsibility of the City. • The ITA is willing to wait until the end of this month for the City to move forward with this project. After that, they most likely would put the City on notice that significant progress needs to be made to ensure the design of this project (which has been placed on hold at the 30% mark) occurs so that construction can be completed in the next fiscal year. • The funding of this project plans for the construction to occur in the State's 2017-2018 fiscal year which begins next July 1st. Funding for this program has been affected by a movement from the SRTS program to a new "Safety Walk" program. Since this project is one of the first of this kind within FDOT's District 2, it is being significantly observed as a way to program and expend funds for safer transportation alternatives. Construction may actually become available before July 1st, 2017. I also spoke with Derek Gil of our consulting firm, ELEMENT Engineering Group, who is designing our SRTS project. He told me their work began after the City had already selected the path along the east side of Sherry and Seminole. Their survey, design work, and utility coordination were all performed for the east side of these roads. Their design work was based upon a need for the 449 of 461 enrolled students at ABE that lived on or near the selected path. This information was provided by the City in their application for the SRTS grant. They received a fu1iher work request after a Town Hall Meeting to draw a proposed path along the west side of Seminole from Five Points to 15th Street. This Alternate Design was drawn without additional survey or utility coordination being done. That would have to be completed if this path is chosen for the SRTS. While not specifically mentioned by either Mr. Petitihomme or Mr. LeDew, I firmly believe that the City's resolve, or lack thereof, in completing this project as originally requested may seriously impact our ability to receive future grant funding through the FDOT or other funding sources managed by the ITA for roadway and off-roadway projects. Our request for these funds was taken by each of their agencies as a genuine need for improvements. Now that we are several years down the road from their approval of these funds, and we haven't shown progress towards agreeing on what we want to do, they may be hesitant to review our future requests because they may not believe we would accomplish what we sought out to do. BUDGET: The negotiated public involvement support fee ($6,136.57) is being paid from the Public Works Professional Services account (001-5002-541-3100) with no additional funding required. The City will be obligated for design fees (~$50,000) if the project is canceled, funding source to be dete1mined, if needed. FDOT has budgeted $687,000 for design, construction and construction support efforts. RECOMMENDATIONS: Staff recommends the Commission approve the original route keeping the entire multi-purpose path on the eastern side of ShelTY Drive and Seminole Road. ATTACHMENTS: None REVIEWED BY CITY MANAGER: _______________ _ C ITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #JA .JULY 25,2016 AGENDA ITEM: 16-UBEX-1 0 I Public Hearing R equest for a usc-by-exception as pe r·mitted by Sec ti o n 24-ll l(c)(3 and 5), to a ll ow o n-p re mi ses co nsumption of a lco ho li c beverages in accordflnco with C ha pte r 3 of th e code and to a ll ow limit ed whole sa le opera ti o ns at 725 At lantiu Bou leva rd Units 3 a nd 15. SUBMLTTED BY: Derek W. Reeves, Pl ann c_0- DATE: June 24, 2016 STRATEGIC PLAN LINK: None BA CKGROUND : The app li ca nt is Charles Ho rn wi th the Atlantic Beach Brewin g Co mpa ny. T he app li ca nt is requesting to open a mi cro brewery wi th a tap roo m at 725 At lantic Boulevard , Unit s 3 (a s torefro nt ) and 15 (a rear space). Bee r will be brewed in th e ware house-li ke space of Unit J 5 and so ld to c ustome rs in t he tap room located in Unit 3. Beer will a lso be sold by th e keg to a w ho lesa le di stribut e r o ut o r Unit 15. A porti on of Un it 15 w ill be set up as fl ex space with a separate ba r for indo or ga mes o r even t hos tin g. A use-by-exception is required by Sect ion 24-1 1 J (c )(3 a nd 5) to all ow o n-premi ses co nsumpti on of alco ho li c beverages in accordance is Chapter 3 of th e code a nd to allow li mited w holesale opera ti o ns. T he tap roo m is located within a n ex istin g comm e rc ial strip cente r in th e Co mm e rc ial Ge nera l zo ning distd ct. Within the strip center th e re a rc restaurants th at also se ll a lco ho l as we ll as retail and service estab li s hm ents. T he rea r of th e building is comprised of severa l warehouse-l ike s paces with uses lik e laundry facilities and a rti sts. T here are com merc ia l and multifamil y res id e ntial to the cast of th e s hopp in g center and s iug le family resident ia l to the nort h. Parking is provided by the shopp in g center in bot h th e front and rear an d wi ll he un c hanged . Co nstru cti on on the pro perty wo ul d include a n interior build out of both unils, th e add iti o n of so me wind ows into th e brew ing a rea, the additi o n of a new pi ece o f mechanical equipment by the rear loadin g door and new s ignagc. The interior build o ut wi ll attemp t to limit noise by in stalling sound dampening meas ures between the tap roo m and adj o ini ng na il sa lon At th e June 2 1st Communi ty Dev e lopme nt Boa rd meeting, approva l wa s reco mm end ed to the C ity Co mmi ssion by a vote of 5-2 with co nditi o ns that; 1.) The ho urs of operation be limit ed to 11 PM Sund ay throug h Thurs day a nd midni ght Friday a nd Sa turday; 2.) Cus tome rs be prohibited fr om standing in th e h a llway co nn ectin g th e two unit s; 3.) That all empl oyees mu st pa rk in th e rear park in g lot; and 4.) A ll s pe nt g rain s and ot he r simil a r was te rrom til e brewing process be stored in side tho bui ldin g. BUDGET: None. RECOMME NDATION: (Fro m the COB) To approve th e Use-By-Excepti on 16-UBEX-1 0 I w ith cond iti o ns th at; 1.) Th e hours of ope rati on be limited to II PM Su nd ay through Th ursday and midnight Frid ay a nd Sa tu rday; 2.) Custo mers be prohibited from sta nd ing in the ha ll way co nn ec tin g th e two unit s; 3.) T hat a ll e mp loyees mu st park in the rear park in g lot; and 4 .) A ll s pe nt grain s a nd oth e r s imi la r was te from th e brew in g process be s to red in side t he b11ildin g. ATTACHMENTS : Co py of COB staff report; co py of 16-U BEX -1 0 I ap pli catio n. REVJEWED BY C lTY MANAGER: _---t:f. __ ._V,_~-~-U:!{-----'---------- AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS ~ f~~ 't.t. 2J 'GUli!JW CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4A 16-UBEX-101 AGENDA ITEM #3A JULY 25,2016 Req uest for a use-by-exceptio11 as pe rmitted by Sectio n 24-111 (c)(3 and 5), to all ow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and limited wholesale operations at 725 AtlanCic Bou levard U11it 3 and 15. 725 ATLANTIC BOULEVARD, UNITS 3 AND 15 ATLANTIC BEACH BREWING COMPANY JUNE 8,2016 JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR The appli cants in tend to open a microbrewery, the '~tlantic Beach Brewin g Company" in an existing s h oppi ng cen ter at 725 Atlantic Boulevard. The s h opping center is zoh ed Commercial General (CG). A use by-exception is required by Section 24-111 (c) (3) for onsite co ns umption of alco hol a nd by 2 4-111 (c) (5) for limited who lesale operations. The applicants intend to use two separate, but adj acent units fo r their bu s in ess. The rear unit will b e used for brewing and distributing beer, while the front unit will be a "ta p roo m" that serves beer brewed on s ite. The applicants are planning to hClve 84 sca t s in the "tap room". The applicants may also occasionally use the ''brew room" for specia l events. The r ear unit is 5,14·8 s quare feet and the front unit is 1 ,650 sq ua r e feet. The appli ca nts have s tated that the bus in ess will close a t 11 pm Mond ay-Th ursday a nd midnight Friday a nd Saturday nights. Th e existing shopping center is somewhat uniq u e, in that the fron t units which face Atlantic Boulevard are a mix of retail, servic e, a nd dining; while the r ear units, which are accessed via Sa ilfi s h Drive are more or less ware ho uses. The shopping center has several restaurants which serve alcohol, s u ch as Ca ntina Lo uie, Pish Company, a nd North Beach Bis tro. The rear portion of the s ite is CLtrre ntly used for deliveries at existing bus in esses, and does not immediately abut residential. This makes the site on e of th e most appropriate pl aces for a mi crobrewery in Atlantic Beach. Mi crobreweries el sewh e r e a r e occasion a lly u sed for special events, fundrai se rs, and parties. Staff r eco mm e nds that the City co n s ider putting conditions on the proposed use (if approved), that would limit the amount of people that can attend e ven ts, a nd p rohibits functions from taking place in e ith er th e front or rear parking Jots. Additionally, staff1·ecommends p lacing co ndi t io .ns that will e nsure th at all brewing and storage activiti es take place within the building, and not the rear parking lot/loading a rea. SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM #3A JULy 25, 2016 The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No.16-UBEX-101) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and limited wholesale operations within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Units 3 and 15 provided: 1. Approval ofthis Use-by-Exception is consistentwith the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-101) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and limited wholesale operations within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Units 3 and 15 provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 2 of 2 Building 1 Site Address I Element 725 ATlANTIC BLVD Unit EXterior Wall AUantle Beach Fl 32233 Exterior Wall Building Type 1602 • SHOP CTR NBHD Roof Struct Year Built 1995 -Roonng Cover Building Value $2,941,141.00 Interior Wall tnt Flooring Gross Heated Effective l nt Flooring !Y.PJI Area Area Area Heating Fuel UnOnlsh ed 5720 0 2286 Heating Type Storage Air Co nd Finis hed 7855 0 3932 Ceiling W8 11 Finish Storage Unfinished CommH~&AC Storage 7165 0 2866 Comm Frame Base Area 5400 5~00 5400 Good Office 2010 2040 2346 Eleme nt Base Area 6460 6460 6460 Stories Finished 756 0 378 Baths Storage Rooms/ Units Base Area 4690 4690 4690 Avg Story Height Fi nished 3600 0 1800 Storage Average omce 1980 1980 1980 canopy 208 0 52 canopy 913 0 228 Restaurant 3080 3080 3696 Average BaseA ree 1078 1078 1078 Restaurant 7800 7800 10920 Good canopy 344 0 66 Restaurant 5222 5222 7311 Good Finished 432 0 216 Storage Unnn Loading 2'1 0 0 36 Platform I Totel 6'1993 37750 55763 2015 Notice of Prooosed Pro Dertv Taxes NoticE CTRIM Notice Ii!!!DII !!!ltd~ Auessed Value Exe mptions Gcn Govt Bead1es $3,433,500.00 $0.00 Public Sc hools : By State Law $3,433,500.00 $0.00 By Local Board $3,433,500.00 $0.00 FL Inland Navigation Dlst. $3,433,500.00 $0.00 Atla ntic Beadl $3,433,500.00 $0.00 Wate r Mgmt Dlst. SJRWMD $3,433,500.00 $0.00 Gen Gov Voted $3,433,500.00 $0.00 School Board Voted $3,433,500.00 $0.00 Urban Service Dlst3 $3,433,500.00 $0.00 --Just Value _Assesseft V~lu e Last Year $3,531,600.00 $3,53 1,800.00 ---Current Year -$3,433,500.00 $3,433,500.00 2015 TRIM Property Record Card CPRCl I Code Detail - 15 15 Concrete Blk 17 17 c.e. Stucco 9 9 Rigid Fr/Bar J 4 4 Built Up(f&G 5 5 Drywall 11 11 Cer Clay 1lle 3 3 Conaete Fin " 4 Electri c " 4 Forced·Ducted " 4 Packaged Uni t 5 5 S cell Wall Fin 1 1 Not zoned 3 3 C·Masonry Code 1.000 38.000 21.000 16.000 Taxa ble Value last Year $3,433,500.00 $28,788.4 1 $3,133,500.00 $17,860.31 $3,433,500.00 $7,939.49 $3,433,500.00 $121.85 $3,433,500.00 $11,755.60 $3,433,500.00 $1,117.46 $3,433,500.00 $0.00 $3,433,500.00 $0.00 $3,433,500.00 $0.00 Totals $67,583.12 Exemotlons $0.00 $0.00 AGENDA ITEM #'JA JULY25,2016 [,Ti~il' ~:1 ~: "" fii iJ cl ~ . J,U-I ~ ,dJ ns r.J ~J~ ~I Va ( Proposed Rolled-back $27,987.15 $26,511.77 $16,7 17.71 $16,837.54 $7,716.51 $7,465.03 $118.46 $109.87 $11,428.40 $10,838.53 $1,03 7.95 $1,037.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $65,008.18 $62,820.69 Taxable Va lue $3,531,800.00 $3,433,500 .00 Th is PRC renects property details and va lues at the time of th e original ma iling of th e Notices of Proposed Prope rty Taxes (TRIM Notices) In August. AGENDA ITEM #3A JULY 25, 2016 I Exhibit"&'' Legal Description Parcell: A part of the Castro-Y-Ferrer Grant, Section 38, Township 2 South, Range 29 East, in the City of Atlantic Beach, Florida. and being more particularly described as follows: Commencing at the intersection of the East line of said Section 38 with the North RJW line of Atlantic Boulevard; thence South 89 degrees 13 minutes 58 seconds West, and along the North line of said Atlantic Boulevard, 360.4 feet to the point of beginning; thence continue South 89 degrees 13 minutes 58 seconds West and along said R1W line, 125.09 feet; thence North 7 degrees 16 minutes 02 seconds West, 153.35 feet; thence North 1 degree 05 minutes 30 seconds West, 484.55 feet to a point in the South line of Royal Palms Unit 2A; thence South 85 degrees 37 minutes 27 seconds East and along said South line of Royal Palms Unit 2A, 276.36 feet to a point in the West RJW line of Sailfish Drive East; thence South l degree 05 minutes, 30 seconds East and along said RIW line, 457.7 I feet; thence South 7 degrees 16 minutes 02 seconds East and along said RJW line, 5.36 feet; thence South 89 degrees 13 minutes 58 seconds West, 150.0 feet~ thence South 7 degrees 16 minutes 02 seconds East, 150.0 feet to the point of beginning. Parcel2: Lot 1, Lot 2 and Lot 3, less and except the West 27.25 feet of said Lot 3, Block 16, Royal Pabns Unit Two A, according to plat thereof recorded in Plat Book 31, pages 1, lA through lD of the current public records of Duval County, Florida. 10/28/04 Page32 of32 (MORTGAGE) I Recreation Programs Special Events r-City Commission Report June2016 I Ev e nts, Rentals, & Facilities Featured Events In June Songwriters' Con ce rt, Art Walk Reception, Wild W onders, Acou stic Night w/ Food Tru ck One Tim e Facility Rentals Adele Grage Bake r Ce nter --Jordan Ce nt e r Sp ecial Events/Permit s W e ddings on beac h o r pa rks --Pa vilions & Parks Ca mping Du t t on --- Beach ha_nd lca p chair Other -Ve t Pa rk, 5 k, Nature day, etc Party -Block Party, Party i n t h e par k -- After School Programs D o nn ~fte r Sc hoo l Prog ram Jo rdan After Sc hool Progra m City Sponso red Events Se nio rs @ th e Ba~er Center So n g writers' Concer t Zum b a @ Jord an Park A co ust i c Nig ht w/ Food Truck Co o king Class@ Jor:._dan Pa rk Spring Fl ag Footb a ll W ild W o nd er s S u m m ~Ca mp Art Show/Rece ption City Contract Programs ABET Per form an ces ·-ABE T Kid s Summe r Camp Te nni s-Beach es Te n nis Upcoming Events & Programs In July Songwriters' Concert 7/10 Wellbeing Wednesday 7/13 Debut Paddle/Kayak Tideviews 5 pm 7/16 & 30 Art Walk/Reception 7/21 @ 5 pm Acoustic Night w/ Food Truck 7/24 @ 6 pm Free Yoga Thursdays-Bull Park 7 pm 1- Yoga Sundays @ AGCC 3 :30pm • Please visit us online @ coa b.us/re creation for ca l endar of events HSign up for notices on "Notify Me" for !pr ograms & events I AGENDA ITEM #4A J ULY25,201 6 --I· - I I It of II of sta ff/ vo l, reg lst ri!tlons/ It of It of participants/ committee app licatio ns occurrences attendees attend ed II 10 12 3 4 3 3 7 7 17 15 3 4 1 6 3 3 1 0 30 8 240 4.5 65 8 52 0 6 t uto rs/1 staff 11 64 1 1 62 0 5 35 1 1 200 0 1 5 1 5 7 16 9 12 2 2 130 0 36 36 2 1 45 1 2 ll:O 0 10 150 36/8 j rs 0 I ---,_ 1- - 1-- --·- -~· -+ --·--·- + -- ~ i AGENDA ITEM #4A City of Atlantic Beach JULY 25,2016 FINANCIAL REPORT June 2016 Cash Balances Prior Current Dollar Percent Fund(s) 05/31/16 06/30/16 Change Change General $ 7,880,820 $ 7,526,251 $ (354,568) -4.50% Tree Replacement 26,470 26,470 0.00% Convention Development Tax 99,758 119,923 20,165 20.21% Local Option Gas Tax 351,534 371,965 20,431 5.81% Better Jax 1/2 Cent Sales Tax 647,324 670,696 23,372 3.61% Police Training, Forfeiture, Grants, etc. 140,036 136,097 (3,939) -2.81% Capital Projects 3,711,999 3,740,460 28,461 0.77% Utility 6,374,379 6,777,992 403,613 6.33% Sanitation 464,355 588,302 123,947 26.69% Building Code Enforcement 464,266 472,489 8,223 1.77% Storm Water 1,794,452 1,819,856 25,404 1.42% Pension -Police 156,865 160,203 3,338 0.00% Pension -General 88,759 102,368 13,610 15.33% Total $ 22,201,017 $ 22,513,074 $ 312,058 1.41% Total Restricted Cash 7,248,540 Total Unrestricted Cash $15,264,533 Cash and Investments Prior Current Dollar Percent Account 05/31/16 06/30/16 Change Change Bank of America -Depository $ 6,268,325 $ 6,520,084 $ 251,759 4.02% Delaware Limited-Term Diversified Inc A 2,526,878 2,543,334 16,456 0.65% Global X Gold Explorers ETF 4,210,115 4,227,101 16,985 0.40% lnvesco Floating Rate A 743,422 743,204 (218) -0.03% Voya Short Term Bond Fund Class A 4,186,932 4,213,851 26,920 0.64% MSSB Money Market/Cash 4,239,314 4,239,456 142 0.00% SBA-Florida Prime 22,880 22,893 13 0.06% Cash on Hand 3,150 3,150 0.00% Subtotal $ 22,201,017 $ 22,513,074 $ 312,056 1.41% Police Pension Investments $ 9,007,677 $ 9,021,261 $ 13,583 0.15% General Pension Investments 15,800,290 15,819,253 18,963 0.12% Subtotal $ 24,807,967 $ 24,840,513 $ 32,546 0.13% Total $ 47,008,983 $ 47,353,587 $ 344,603 0.73% AGENDA ITEM #4A JULy 25, 2016 City of Atlantic Beach FINANCIAL REPORT June 2016 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 8,821,782 $ 9,841,903 $ 1,020,121 Convention Development Tax 96,307 72,216 88,238 16,022 Local Option Gas Tax 461,611 346,203 345,874 (329) Better Jax 1/2 Ct Sales Tax 790,128 592,587 602,131 9,544 Police Training, Forfeiture & Grants 89,150 73,572 71,636 (1 ,936) Grants -CDBG 650,000 487,494 79,144 (408,350) Capital Projects 855,000 871,352 1,177,156 305,804 Utility 8,335,711 6,251,661 6,498,210 246,549 Sanitation 1,840,330 1,380,231 1,454,083 73,852 Building Code Enforcement 439,134 329,319 382,134 52,815 Storm Water 875,708 656,775 700,448 43,673 Pension -Police 1,530,544 1,147,896 1 '144,636 (3,260) Pension -General 2,336,217 1 ,752,156 1,929,974 177,818 Total $ 30,062,639 $ 22,783,244 $ 24,315,567 $ 1,532,323 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 positive variance of $1,020,121. Most of this variance is due to the timing of receipt of ad valorem taxes, the majority of which are received in December. Grant Funds reflected a negative variance of $408,350, Grant revenue is reimbursement based, reimbursements #2 and #3 were submitted in July. Capital Project Fund reflected a positive variance of $305,804. This variance is a result of a mid year budget modification and subsequent transfer of funding to the Public Safety Building Project. Utility Fund reflected a positive variance of $246,549. Majority of this variance is system development charges equaling $310,286 year to date, compared to an adjusted budget equaling $88,371. Percent Variance 11.56% 22.19% -0.10% 1.61% -2.63% -83.77% 35.10% 3.94% 5.35% 16.04% 6.65% -0.28% 10.15% 6.73% City of Atlantic Beach FINANCIAL REPORT June 2016 Expenses Annual YTD Department Estimate Estimate Governing Body $ 40,384 $ 30,258 $ City Administration 2,418,498 1,926,822 General Government 5,115,740 4,885,615 Planning and Building 1,337,724 1,070,959 Public Safety 5,813,259 4,393,671 Recreation and Beautification 1,286,900 1,125,815 Public Works 5,368,085 4,154,679 Public Utilities 10,070,138 7,701,422 Pension -Police 621,607 466,155 Pension -General 986,941 740,178 Total $ 33,059,276 $ 26,495,574 $ Annual YTD Resource Allocation Estimate Estimate Personnel Services $ 10,198,510 $ 7,602,482 $ Operating Expenses 11,089,341 8,642,105 Capital Outlay 8,159,330 6,966,705 Debt Service 1,964,401 1,473,264 Grants and Aids 36,820 27,603 Transfers 1,610,874 1 '783,415 Total $ 33,059,276 $ 26,495,574 $ Analysis of Major Variances YTD Actual 31,500 $ 1,840,240 1,520,475 708,229 4,055,504 1,049,622 2,860,018 5,740,141 456,220 1,021,202 19,283,151 $ YTD Actual 7,025,766 $ 7,229,457 1,244,477 1,964,401 35,590 1,783,460 19,283,151 $ AGENDA ITEM #4A JULy 25, 2016 Dollar Percent Variance Variance (1 ,242) -4.10% 86,582 4.49% 3,365,140 68.88% 362,730 33.87% 338,167 7.70% 76,193 6.77% 1,294,661 31.16% 1,961,281 25.47% 9,935 2.13% (281,024) -37.97% 7,212,423 27.22% Dollar Percent Variance Variance 576,716 7.59% 1,412,648 16.35% 5,722,228 82.14% (491,137) -33.34% (7,987) -28.94% (45} 0.00% 7,212,423 27.22% 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 a positive variance of $3,365,140. Most of the variance is the result of the Capital Project Fund-Public Safety Building, Francis Ave Drainage and Marsh Preserve Path projects-see Project Activity Schedule. Planning and Building had a positive variance of $362,730. Most of the variance is the result of the Francis Ave Drainage Improvement Project (CDBG Grant)-see Project Activity Schedule. Public Safety had a positive variance of $338,167. Majority of the variance consists of positive variances in Salaries, City of Jacksonville Fire Contract that is billed quarterly and Lifeguard Salaries that expense in the summer. Public Works had a positive variance of $1,294,661. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule. Public Utilities had a positive $1,961,281 variance for the period. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule Pension-General shows a negative $281,024 variance for the period. In October, a large payout of $207,381.11 was made to a former employee's beneficiary. Operating Expenses had a positive variance of $1,412,648. Various contractual services contribute to this balance. The largest contracts are the Fire Contract (COJ), Sanitation Contract, and Road Paving. Capital Outlay had a positive variance of $5,722,228. Most of the capital and project expenditures occur in the middle to latter part of the fiscal year-see Project Activity Schedule. Debt Service reflects a negative variance of $491,137; this was the result of the largest Public Utility debt service payment being made in October. AGENDA ITEM# 4A City of Atlantic Beach JULY 25,2016 FINANCIAL REPORT June 2016 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status General Government RUSSELL PK RENOVATION PM1501 $ 233,180 $ 61,844 $ 5,980 $ 165,356 I DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E BULL PK PLA YGRND EQUIPMT PM1504 35,000 5,300 10,739 18,961 I DUTTON ISLE RD IMPROVMENT PM1505 25,000 7,386 17,234 380 E NEW POLICE BLDG-DES/CONST PS1501 3,601,967 97,346 3,504,621 SALTAIRISTURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 I SEMINOLE STREET SCAPE 1 PW1407 258,092 7,684 11,383 239,025 D MARSH PROJECT PED PATH PW1408 56,504 12,075 36,537 7,893 I BIKE RACKS & STREET LIGHT PW1501 6,789 6,789 I CH PARK LOT LIGHTS-LAST PW1504 9,554 9,554 (0) I TOWNCENTER IMPR DECK & BR PW1601 40,000 40,000 E VET PARK PLAYSET PW1602 40,000 40,000 E MARSH PRESERVE PATH PHZ-1 PW1603 540,000 820 458,840 80,340 Subtotal $4,884,676 $ 217,024 $ 4,045,336 $ 622,316 Planing, Zoning & Building FRANCIS AVE DRAINAGE IMPR PW1502 650,000 207,772 430,325 11,903 Subtotal $ 650,000 $ 207 772 $ 430,325 $ 11,903 Public Works: SEMINOLE STREET SCAPE 1 PW1407 $ 13,487 $ 12,807 $ 680 $ 0 D SALT AIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D Subtotal $ 725,194 $ 16 807 $ 678 $ 707,709 Public Utilities: INLINE VALVE INSTALLATION PU1404 $ 16,355 $ 16,253 $ $ 102 D EFFLUENT OUTFALL REPLCMT PU1408 2,625 3,653 (1,028) I WELL LOGGING-6 WELLS PU1501 130,000 130,000 s UPDATE MODELS PU1502 23,442 16,831 6,611 I EFF OUTFALL @ SHERMAN PT PU1504 559,404 64 532,764 26,577 I WETWLL LINE-MIM COVE LS PU1505 13,954 13,954 (0} I WETWELL LINE-FAIRWAY V LS PU1506 14,141 14,141 0 I NORTH FENCE REPLACE WTP2 PU1601 10,000 9,295 705 E SOFT STARTS -WTP1, 2 &3 PU1602 48,000 552 (1) 47,449 A CHLORINE AUTO CONTROL VAL PU1603 31,000 2,476 21,322 7,202 A CONTROL BUBBLER SYSTEM PU1604 15,000 172 14,828 A REPLACE SEASPRAY H20 SERV PU1605 100,000 97,339 2,661 A ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 E SEWER SYSTEM REHAB SEAOAT PU1607 200,000 200,000 E CONTROL PANEL LIFT STA WW PU1608 19,000 218 13,853 4,929 A SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 6,310 13,821 34,869 A 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 E PHORPHOROUS TREATMENT FAC PU1611 225,000 17,658 7,174 200,167 I REPLACE DISKS KRUGER DISF PU1612 6,000 5,999 1 A INFLUENT SCREENS (2) PU1613 27,373 230 27,142 1 A REPLACE EFF PUMP #2 PU1614 42,627 575 0 42,052 A REPLACE RAS PUMP & MOTOR PU1615 50,000 575 49,425 A REPLAC INFLUENT PUMP WWTP PU1616 22,000 253 21,747 A SEMINOLE STREET SCAPE 1 PW1407 705,395 5,123 11,247 689,025 D Subtotal $ 2,446,316 $ 183,576 $ 660,999 $ 1,601,741 Total $ 8,706,186 $ 625,178 $ 5,137,338 $ 2,943,670 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 1-Seminole Road Street Scape Project totals $976,974 CITY OF ATLANTIC BEACH CITY COM1\1TSSION MEETING STAFF REPORT AGENDA ITEM 114B JUL V 25, 20 l6 AGENDA ITEM: Purchase Three (3) Gonnan-Rupp Pumps for the Wastewater Treatment P lant from Hudson Pump & Equipment Associates, Inc. as they a rc the sole s ource distributor of Gonnan-Rupp pumps. SUBMITTED BY: Donald D. Ja cobovitz, P .E. Public Works Director DATE: July 13, 20 16 BACKGROUND: l n preparation of the F isca l Year 20 16 budget, the City's Publi c Uti lities Department inc luded the cost of heavy machinery needed to properly operate the Wastcwastcr Treatment Plant, and uphold the expectatio ns of the F lorida DEP and the St. Johns River Water Management District. The City did not soli c it competitive bids or quotes for these items, as Gorman-Rupp products became the City standard over thirty (3 0) years ago, and has been used exclu s ively ever s ince. This decision was part of the major pumping s tation rehabilitation project that the City und ertook at that time. A s ingl e pump manufacturer for the rehab project was s trongly encouraged, and G01man-Rupp was s e lected. Parts for new and o ld er models are readily availab le , and they have kept the same p ump design used by the City for decades. Staff is familiar with this brand and can eas ily petfonn routine maintenance. John Collins of J. Coll ins Engineering Associates has worked on several projects for the City, including the upgrade of the Wastewater Treatment P lant in 2 010. He recommends that the City continue to use Gonnan-Rupp pumps for its wastewater applications. It is not recommended to interchange brands in any mechanical equipment application, and to change the e ntire system would be costly. He provided the attached statement. BUDGET: We includ ed in the FY20i6 Operating Budget the purchase of two (2) 6-i n ch and o ne (l) 10" 001man-R upp pumps/motors, to replace the existing machinery. The combined total for all three pumps is $61 ,933. ATTACHMENTS: Statement from J . Co llins Enginccting Associates, LLC. RECOMMENDATION: To approve the purchase of Three (3) Gorman-Rupp Pumps in the amount of $6 1,933 from Hud son Pump & Eq uipment Associates, Inc. as they are the C ity's so le source distributor ofGorman-Rupp p umps. REVIEWED BY CITY MANAGER: -?/. 1/a...-,;J:uf AGENDA ITEM #48 JULV 25,20 16 Statement from J. Collins Engineering Associates, LLC. John Collins, PE C ity h as been usi ng Oorman-Rupp (OR) Pumps fo r over 30 years as a standard self -primin g wastewater pump. The process was developed many years ago when the c ity had no uniform standard practice on selection of wastewater pumps. The previous use of non -standard pumps presented many m aintenance issues as well as probl ems of obtaining many different spare p a rts . The decision to h ave standard pumps for the City's wastewater lift s tations as well as in many applications in the wastewater plant benefits the c ity and the public. The selected pumps are reliability, operator friendly and most parts are available in Florida. Since the goal of public ut ilities is to provide reliable customer service -the standard ization of the purchasing of wastewater equipme nt is a common practice with muni cipal utilit y departm e nts s in ce it inc reases operator knowledge in the maintenance and ser vi ce of the pumps which in return faci litates repairs and obtaining parts. By minimizing the time to return wastewater pumps back in to serv ice, the City reduces the risk of an enviro nmen tal spi ll and FDEP permit violation s . Staff supp011s the continuation of the usc of standardi zed OR pumps and other wastewater equipment in the c it y. J . Collins Engineering Associates, LLC (JCE A) 11 516-3 San J ose Blvd . J acksonvi ll e, FL 32223 904-262-41 2 1 904-7 16-6282 Cell CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ocean Gate Acceptance of Infrastructure for Ownership and Maintenance SUBMITTED BY: Donald D. Jacobovit7., P.E. Public Works Director DATE: July 13 ,2016 AGENDA ITEM # 4C ,JlJ LY 25,2016 BACKGROUND: Beaches Habitat for Humanity has completed construction of the Water, Sewer, Streets, and Stormwater infrastructure for the Ocean Gate development (AKA 201 Mayport Road). Their Contractors have completed construction in accordance with approved plans and have submitted all necessary documentation. Staff from the City of Atlantic Beach has completed a "final inspection of the facilities and is prepared to accept the facilities. BUDGET: There is no immediate impact to the City's operating budget. The s chedule of values included in the Acceptance Package will be added to the City's assets in the amount of $674,243.54. RECOMMENDATIONS: Accept the water, sewer, s treets, and stormwater infrastructure in the Ocean Gate development. ATTACHMENTS: 1. Schedule of Values for Ocean Gate 2. Bill of Sale REVIEWED BY CITY MANAGER: '-PJ, Van ~ ..... ~:....:"T--------- Mobilization Construction Entrance Survey Demolition Clearing Stripings Stripings Earthwork Traffic Control Sub Grade Type A Curb Concrete Work Base Material Asphalt Striping Sodding Sewer System Storm Drainage Water System Wells Fargo Maintenance Bond-OceanGate Not Included Roads 14,576.22 14,576.22 2,777.57 2,777.57 18,000.00 18,000.00 25,426.08 25,426.08 12,199.51 12,199.51 3,856.70 3,856.70 529,912.54 529,912.54 5,400.00 5,400.00 29,196.15 29,196.15 41,441.47 41,441.47 149,301.00 149,301.00 25,057.02 25,057.02 32,950.27 32,950.27 6,517.92 6,517.92 3,883.82 3,883.82 127,395.15 190,972.37 77,930.11 1,296,793.90 622,550.36 277,945.91 Water & Sewer 127,395.15 190,972.37 77,930.11 396,297.63 AGENDA ITEM# 4C JULY 25,2016 ORDINANCE NO. 20-16-139 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 LAW ENFORCEMENT GRANT, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7 A JULY 25, 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 $4,855 and net expenses totaling $4,855 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: Revenues: FDOT -Program Income Total Revenues Expenses: ~ FDOT CSU GRANT FUND~ FDOT-Operating Supplies Total Expenses Fund Balance 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 11th day of July 2016. $ 4,855 $ 4.855 $ 4,855 $ 4.855 <$0> Passed by the City Commission on second and final reading this __ day of 2016. Approved as to form and correctness: Brenna M. Durden City Attorney Mitchell Reeves Mayor I Presiding Officer ATTEST: DONNA L. BARTLE, CMC City Clerk Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide PGI funds from this 2014 grant have not been spent previously. $4855 will be spent for the purchase of a Drug Terminator for the Crime Suppression Unit to destroy narcotics per court destruction order. By electronically submitting this adjustment, I hereby certify that I have reviewed the changes and find them necessary for program activities. I am the signing authority or have been delegated as such by the appropriate official. Information regarding the signing authority is Electronically Signed By: Date 06/23/2016 Tiffany E Layson Authorized Official or Designated Representative 20 14-JAGC-2252 AGENDA ITEM #7A JULy 25, 2016 Application Ref Contract# 20 14-JAGC-DUV A-1-E5-032 Page 1 of 2 Rule Reference 11 D-9.006 OCJG-003 (rev. June 2012) Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 PGI BUDGET REQUEST AGENDA ITEM# 7 A JULY 25, 2016 Contract# 2014-JAGC-DUVA-1-E5-032 I Request# 1 Date: 06/23/2016 Subgrantee:City of Atlantic Beach County: Duval Address: Mr. Russell J Caffey Director of Finance 800 Seminole Road Atlantic Beach, FL 32233-5461 Telephone: 904-24 7-5807 Budget Category Approved Budget New Budget Budget Difference Salaries & Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital Outlay $0.00 $4,855.00 $4,855.00 Indirect Costs $0.00 $0.00 $0.00 Subtota $0.00 $4,855.00 $4,855.00 I hereby certify that the above PGI budget was developed in accordance with the project ~greement and is based on the most current and available accounting information. Electronically Signed By: Date 06/23/2016 Tiffany_ E Lay_son Chief Financial Officer or Designated Representative PGI Budget Narrative: $4855.00 will be spent on a Drug Terminator 11 Ov. The drug terminator is designed for safe and efficient disposal of confiscated drugs. The crime suppression unit is responsible for the lawful destruction of narcotics when a court order is issued to destroy them. This is specifically designed for the safe, efficient, legal and eco-friendly destruction of such items. Application Ref Contract# 2014-JAGC-2252 2014-JAGC-D UVA-1-E5-032 Rule Reference 110-9.006 OCJG-003 (rev. June 2012) Page 2 of 2 AGENDA ITEM: C ITY OF ATLANTIC BEACH CIT Y COMMlSSION MEE TING STAFF REPORT 16-SFPA -125 AGENDA ITEM II 8A JULY ZS, 20J6 Requ est f or plat approval as require d by C ha pte r 24, A1ii c le 4 of the Code of O rdin a nces at RE# 172 147-0000 and 172 1 50-0000 (prev io usly kn o wn as 11 5 an d 125 Donne r Roa d). SUBMITTED BY: Derek W. Reev es, Pl a nner ./~ DAT E: Jul y 7, 2016 STRATEGI C J,LAN LlNK: No ne BACKGROUND: Th e appli ca nt is Chri s La m bertso n, the owne r o f 125 Do nn e r COL LL C a nd Do nn er COL LLC, who owns th e prope rti es previ ous ly know n as 115 and 125 Donn er Road. Th e ap pli cant is req u es ting to have th e two prop erties pla lted into seve n townho m e lo ts con s is t en t wi th th e sev en unit multi -family p roj ec t un de r co ns tructi o n. Th e prope rty itself is a s li ght 'T' s ha pe with a pprox im a tely 0.658 acres o f to ta l la nd . See th e pl a t d oc u me nt in th e a ppli ca tion packe t fo r more d eta il o n lot layo ut. Th e western po•tio n of the proper ty js a lready devel ope d w i t h two 2-unit s tyle townhomes w ith two facing Donner Roa d a nd th e o th er two facing Ard ell a Ro a d. Anoth er 3-uni t townh om e building is und e r co nstru cti on on the east s id e of the properly. Th e prop erty is w ithin the Reside nti a l Multi-Family (RG -M) zo nin g di stri ct, wh ich does a ll ow multi - fa mil y deve lo pme nt on a s in gle par ce l as seen in the curre nt con diti on. Th e property is within th e Residenti a l Hi gh (RH) futu re la n d use d esigna ti on, whi ch a ll o ws up to 20 r esid e ntia l dwelling units pe r acr e as es ta bli s h ed by Tabl e A~ 1 of the Co mp reh e nsive Pl a n. In t his case th e prope rty is a ll ow e d up to 1 3 units, but th e a p pli ca nt is only buildin g 7 units as in d ica te d in the pla t. As a result, eve ry individua l lo t excee ds the minimum r eq uireme nt of 2,175 s qu a re feet found in Secti o n 24-8 8 (a) by mo re than SO pe rce nt. Th e ex is t ing a nd und er co ns tru cti on uni ts we re built to to w nhouse s t a nd a rds m eanin g th a t t hey a re a bl e t o be s ubdivid ed a nd so ld individu a lly as r e quired by t he d e finiti on of "t ownhouse" in Secti on 24-17. Th e pl at is sch e dule d to b e h eard by the Community De ve lopm ent Boa rd o n july 19th, 2 016. Resul ts may be ava il able within a n a me n ded age nd a o r at th e Co mm lss.i on mee tin g on Jul y 25111, 201 6. BUDGET: None. RECOMMENDATION: T o get Commission co nse ns us t o move item 16-SFPA-125 fo t·wa rd to a Publ ic Hea rin g o n Au gust 8, 2016. ATTACHMENTS: Copy of CD B staff report; co py of 16-S FPA-I 25 a ppli cati on. ' REVJEWED BY CITY MANAGER: -~-"'--+-"~"'-'O&~:a~#;;o=.-M~./,__ _________ _ AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS e ,; . I :L ' CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.A 16-SFPA-125 AGENDA IT EM # 8A JULY 25,20.16 Request for plat app rov al as required by Chapter 24, Article 4 of the Code of Ordinan ces at RE# 172147-0000 and 172150 -0000 (previously know11 as 115 and 125 Donn er Road). 125 DONNER ROAD CHRIS LAMBERTSON, 125 DONNER CDL LLC AND DONNER CDL LLC July 8,2016 DEREK W. REEVES, PLANNER T h e applicant is Chris Lamb e rtson, the owner o f 125 Donner CDL LLC a nd Donner CDL LL C, who owns th e properti es previous ly known as 115 a nd 1 25 Donn e r Road. The ap pli cant is re ques ting to have the two properties pl atted into seven townhome lo ts co ns is t ent w ith the seven unit multi -fam ily proj ect unde r co nstruction. Th e prope rty itself is a s li ght "I:' s h a pe with approxima te ly 0 .658 acr es of t otal land. The r e are 120.52 feet of s treet fr o ntage on Donner Road and 50 feet of s treet frontage on Ard e ll a Road. Th e fu ll depth of the property is 316 fe e t on the w est s id e. Th e northe rn 3 0 feet is part o f an ex is ting easement for Ardella Road. Th e east s ide of the property is 186.32 feet d eep at the s outh e nd before jogging west 7 0 feet a n d co n t inuing the remaining 1 4·0 fee t north. See th e plat document in t he a pplication packet for m o r e detail. The western porti on of th e prop e rty is a l ready develope d with two 2-unit s tyl e townhomes with two fa c in g Donne r Road a nd the o th er two fa cing Arde ll a Ro a d. Anoth er 3-uni t townhome building is unde r co n s truction on th e east s id e of the property. Th e property is within the Res ide n tia l Multi-Family (RG -M) z oning di s trict, w hi ch does a ll ow mu lti -fa mily developme n t on a s ingl e parcel as seen in th e current co ndition. The property is with in th e Resid entia l Hi gh (RH) future la nd u se designa ti o n, which allows up to 20 res id e ntial dwelling units per acre as establi s h ed by Tabl e A-1 of th e Co mpre h e n s ive Pla n. ln thi s case the property is a ll owed up to 1 3 units, but the app li ca nt is only buildi ng 7 units as indi cated in th e p lat. As a r esult, every ind ividLi al lot exceeds the minimum requirementof 2,175 sq u a r e feet found in Sectio n24-88(a) by more than 50 p e rcent. T h e exis ting and unde r co n s truction u nits were built to townhouse s t a ndards meaning th at th ey are a ble to b e s ub d ivid e d a n d sold individually as re quired by the d e finition of"townh ouse" in Sec tio n 24-17. T he p lat docum ents w ere s till und e r r eview by City staff a t t he time thi s r e port was writte n so additiona l in form ation may be m ade ava il a ble prior to or during th e m eeting. SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEMS# 8A JULY 25, 2016 The Community Development Board may consider a motion to recommend approval to the City Commission ofthe requested plat(File No.16-SFPA-125) as required by Chapter 24, Article 4 ofthe Code of Ordinances within the Residential Multi-Family (RG-M) Zoning District at RE# 172147-0000 and 172150-0000 provided: 1. Approval of this plat is consistent with the intent of the Comprehensive Plan. 2. Approval of this plat is in compliance with the requirements of Chapter 24, Article 4 of the Code of Ordinances. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission ofthe requested plat (File No. 16-SFPA-125) as required by Chapter 24, Article 4 of the Code of Ordinances within the Residential Multi-Family (RG-M) Zoning District at RE# 172147-0000 and 172150-0000 provided: 1. Approval of this plat is not consistent with the intent of the Comprehensive Plan. 2. Approval of this plat is not in compliance with the requirements of Chapter 24, Article 4 of the Code of Ordinances. Page 2 of 2 C ITY OF ATLANTIC BEAC H CITY COMMJSSION MEETING STAFF REPORT AGENDA ITEM: 16-UBEX-129 AGENDA ITEM# 88 JULY 25,2016 Request for a usc-by-excep tion as pe rm itted by Section 24-1 J l(c)(8), to allow a woodwork in g shop at 33 W 6111 Street. SUBMITTED BY: Derek W. Reeves, Planne r P- DATE: Jul y7,2016 STRATEG I C J>LAN LINK: None BACKGROUND: The applicanl is Adam Row ley, CEO a nd Pres id ent of 1\ I A Wo odworks, LLC , who is req uesting to open a woodworking s hop in an existin g bui ldin g at 3J West 6111 St reet. The bu si ness focu ses on the repa ir and resto l'at ion o r sla nd a lone wood ful'lliture for individual c li e nt s. A use-by-except ion is requ ired by Secti on 24-lll(c)(8) to a ll ow a woodworki ng s hop. T he prope rty is located wi Lh in the Co mmercial Gene ral (CG) zonin g district west or Mayport Road on 6'11 Street. The s urroundin g pro pe rti es on a ll s ides a re a lso CG. T he nearest re sidential pro pe1ty is a single fa111ily home in th e Resid e ntia l Ge neral (RG) zoni ng d is tri ct I SO feet to the west. The property cons ists o ne building with paved parking in front and fe nced in s id e a nd rea r y ard s. T he buildi ng itse lf is I 500 square feet w ith two ro ll up doors in I he fr ont a nd a sta nd ard door in between. The in s ide of the buildin g is fini s hed with a ir cond iti oni ng. The busin ess will have a s ing le tra ile r used to move c li ent s' furniture to a nd from the s hop that wil l be sto red behind th e fenc e. 'l"ypica l opera ti on wi ll have c li e nts mak e appo in tments to v is it th e shop so th e n umb e r c li e nt s in the s hop at any given tim e wi ll be minima l, l'edLtc ing th e de mand for park in g. The bus in ess is cu rre ntl y open between I 0 AM and 6 PM Tuesday through Satu rday. T he wo rk itse lf wi ll be done indoors whe re a du st co ll ecti on system will take care of saw du st. The saw dust and othe r wood materi a l waste are donated a nd s tandard tras h Wi ll be ha ndl ed by City's wa s te collection services. T he Com prehen s ive Plan add resses co mmercial devel opmen t within th e Mayport Road corridor in a co upl e of areas. Po li cy A.l .l 0.4 is conce m ed about re development be ing consta nt w ith code requirem e nts. Po licy A.l.l 0 .5 concerned with el imin atio n of lig ht in d ustrial uses and pro mo tin g neighb orh ood se rvi ng busines ses. T hi s ite m is scheduled to be hea rd by th e Com munity De ve lopment Board on Ju ly 19(11 , 2016. Res ult s m ay be avai lab le w ithin a n a me nded agenda or at the Commission meeting on Ju ly 25 111, 2 016. BUDGET: None. RECOMMENDATION: To get Com m issio n conse nsus to move item 16-U J)EX-1 29 forwa rd to a Public Hearing o n August 8 , 20 J 6. ATTACHMENTS: Copy of CDB staff re port; copy Qf 16-UBEX-129 app lication. R EVIEW ED BY C ITY MANAGER:-~--=-~· ...:.fa ..... ~~->o<::.etu--'~=~"----------- AGENDA ITEM# 8B JULY 25, 2016 While this property is not subject to the Commercial Corridor Development Standards, the existing built conditions are not consistent with other codes and specifically parking and landscaping. However, the property is fairly small and a full redevelopment may be unlikely. Policy A.1.10.5 also addresses commercial development within the Mayport Road corridor and states; "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks, drugstores, restaurants, churches, child care centers, grocery stores and similar businesses and uses." When looking at the Standard Industrial Classification (SIC) system, aspects of the business are consistent with service uses allowed by right in the CG zoning district, but other aspects of the business are similar to manufucturing uses found in light industrial areas. In the case of this business, they do provide a service to the neighborhood and surrounding neighborhood, though perhaps not as much daily activity as retail or other services. Staff recommends that a couple of conditions be considered be considered. First would be to set allowable hours of operation that are agreeable to the applicant. This would provide added protections for nearby residential properties. Second would be to limit the number of commercial vehicles, including trailers, parked outside on a continuous basis to one. This would be consistent with the restrictions placed on contractors within the CG zoning district. Page 2 of 3 AGENDA ITEM# 8B JULY 25,2016 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. 16-UBEX-129) to allow a woodworking shop within the Commercial General (CG) Zoning District and located at 33 West 6th Street 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 24-111 (c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-129) to allow a woodworking shop within the Commercial General (CG) Zoning District and located at 33 West 6th Street provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 3 of 3 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEIVII#SC JULY 25,2016 AG EN DA ITEM: C ity Appo int ed Po sition s Evalu ati on Tool s SUBMTTTBD BY : Catherine Berry, Es q., Human Resources DircctorC0 DAT E: July8,20l6 BA CKGROUND : The City of Atl anti c Beach h as tlu·ee appointed po siti ons: City Manager , Cit y Attorn ey and Cit y Clerk. While a performanc e eva luation is meant to anal yze the performance o f the incumbents in these positions a nd what ha s been accompli shed durin g a given period of time, it is also a communi cations tool and a learning process wh ereby th e C it y Commi ss ion e1 nd th e three a pp oint ed pos itions canlcu rn more about cnch oth er's ex pecta ti ons and whe re strength s and wea kn esses ex ist in th e re lati onshi p. Annu a l eva lu ati ons should id enti fy any major differences in di recti on mi sco mm uni ea ti on or probl ems be fore th ey beco me cri tica l to th e opera ti o ns of the Ci ty of All a n ti c Beach. BUDG ET : Th e att ac hed , take n from th e TC MA eva lu at ion too l develo ped by the Uni ve rs ity o r Tenn ess ee for Cit y Mana gers and revised to re fl ect th e duti es and res p o n s ibiliti e~ or each of th e three po sition s, ha s sevcr HI ca tego ri es wi thin w hich to ev alu a te th e perfonnance of these positi ons . lt also g ives th e opp ortunit y lo r a narrat ive eva lu at io n by each Co mmi ss ioner. I will send eac h o f these three out by e-mail to each of you, wi th yo ur name prin ted Hl th e botto m. Please co mpl ete th e ev aluation form, s ig n it in the space mar ke d fo r you r s ignfl ture o n t he front pa ge, date il a nd return it to me by 5 :00p.m ., Monday , A ugus t 29, 2H16 . I will s ummari ze all of th e eva lu ati on s submill ed by th a t da te and present it to yo u at the Commi ss ion Mee tin g o r Septe mb er 12, 20 16. La st yea r was th e first yea r th at eva luati ons were co m pleted on th ese three pos iti ons. I h ave att ac hed a su mmary of th e eva lu ati ons fo r each of th e three. No imp act. RE COMMENDATION: Each Co mmi ssioner should utili ze the se tool s for an annual ev aluati on of the three appo inted po sitions, whi ch proce ss will be directed by th e Ma yo r and coordinated by th e Director o f Human Resources each year. ATTA CHMENTS : C ity Attomey, City Manager and City C lerk Evaluation Tools. Summ ary of la st year's evaluations of th e three app ointed po sitions REVI EWED BY CITY MANAG ER : -J1 ~ ;f'~ INSTRUCTIONS AGENDA ITEM# 8C JULY 25, 2016 This evaluation form contains seven categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Attorney's performance. 5 =Excellent (almost always exceeds the performance standard) 4 =Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 =Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 =Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be presented by one or more Commissioners to the City Attorney. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter" __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Exhibits composure and attitude appropriate for the position Add the values from above and enter the subtotal __ + 4 = __ score for this category 2. LEGAL CONSULTATION __ Provides the scope of legal expertise necessary to meet the City's needs on issues that arise __ Provides his best and honest recommendations given all existing legal issues and ramifications Commissioner Name Page 2 of 5 Initials AGENDA ITEM# 8C JULY 25, 2016 __ Possesses knowledge of and provides efficient and effective advice on the City's Charter and Municipal Code __ Advice provided regularly takes into account and balances the overall goals and objectives of the City __ Proactively identifies potential legal issues when he is aware of them to avoid problems from occurring __ Accurately identifies and addresses all legal issues within documents and items that he reviews Add the values from above and enter the subtotal __ + 6 = __ score for this category 3. LEGAL REPRESENTATION __ Aggressively represents the interests of the City as directed by the Commission __ Approach to legal matters is effective in achieving the best possible legal outcomes for the City's interests given the issues that arise __ Represents the City in a professional and ethical manner __ Is impartial and objective in his duties and responsibilities __ Estimates of legal impacts are reasonably accurate on a regular basis Add the values from above and enter the subtotal __ + 5 = __ score for this category 4. STAFF WORK __ Prepares ordinances, resolutions, contracts and other legal work accurately and consistent with the direction and objectives communicated by the Commission, City Manager and/or Department Heads __ Maintains a good working relationship with members of the City's management team __ Able to maintain the Commission's and Staff's confidence while informing them of the different legal risks that proposed actions might generate __ Displays a positive attitude in carrying out his responsibilities and responding to requests Add the values from above and enter the subtotal __ + 4 = __ score for this category 5. COST/FISCAL ACCOUNTABILITY AND CONTROL __ Effectively manages and controls legal costs given the issues, assignments and requests made to him __ Legal tasks are performed with appropriate authorization according to established procedures and contract requirements Commissioner Name Page 3 of 5 Initials __ Fiscally effective approach in achieving best possible legal outcomes for the City's interests given the issues that arise Add the values from above and enter the subtotal __ + 3 = __ score for this category 6. RESPONSIVENESS/TIMELINESS OF ACTIONS __ Requested legal work and assignments are completed in a timely manner within established time frames __ Accessible when needed to respond to requests for legal information and assistance __ Timely completion of legal reviews and requests for information __ Effective follow-up to requests that are made to him __ Accurately interprets and clarifies Commission and City Manager direction AGENDA ITEM# 8C JULY 25,2016 Add the values from above and enter the subtotal __ + 5 = __ score for this category 7. COMMUNICATIONS ___ Effectively communicates with Commissioners, City Manager and Department Heads __ Answers are provided in a timely and understandable manner __ Maintains confidentiality with regard to all legal matters, as appropriate Add the values from above and enter the subtotal __ + 3 = __ score for this category NARRATIVE EVALUATION What would you identify as the City Attorney's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------------- Commissioner Name Page 4 of 5 Initials AGENDA ITEM# 8C JVL y 25, 2016 What performance area(s) would you identify as most critical for improvement? _____ _ What constructive suggestions or assistance can you offer the City Attorney to enhance performance? What other comments do you have for the City Attorney e.g., priorities, expectations, goals or objectives for the new rating period?---------------------- Commissioner Name Page 5 of 5 Initials INSTRUCTIONS AGENDA ITEM# 8C JULy 25, 2016 This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Manager's performance. 5 =Excellent (almost always exceeds the performance standard) 4 =Above average (generally exceeds the performance standard) 3 =Average (generally meets the performance standard) 2 =Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 =Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be included in the City Manager's permanent file and presented by each Commissioner to the city manager as part of their regularly scheduled one-on- one meetings. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter" __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Mental and physical stamina appropriate for the position __ Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal __ + 5 = __ score for this category 2. PROFESSIONAL SKILLS AND STATUS __ Maintains knowledge of current developments affecting the practice of local government management __ Demonstrates a capacity for innovation and creativity Commissioner Name Page 2 of 7 Initials __ Anticipates and analyzes problems to develop effective approaches for solving them __ Willing to try new ideas proposed by Commission members and/or staff AGENDA ITEM# 8C JULY 25,2016 __ Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal __ + 5 = __ score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY __ Carries out directives of the Commission as a whole as opposed to those of any one member or minority group __ Sets meeting agendas that reflect the guidance of the Commission and avoids unnecessary involvement in administrative actions __ Disseminates complete and accurate information equally to all Commissioners in a timely manner __ Assists by facilitating decision making without usurping authority __ Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal + 5 = __ score for this category 4. POLICY EXECUTION __ Implements Commission actions in accordance with the intent of Commission __ Supports the actions of the Commission after a decision has been reached, both inside and outside the City __ Understands, supports, and enforces local government's laws, policies, and ordinances __ Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness __ Offers workable alternatives to the Commission for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal + 5 = __ score for this category 5. REPORTING __ Provides regular information and reports to the Commission concerning matters of importance to the City, using the City charter as guide __ Responds in a timely manner to requests from the Commission for special reports __ Takes the initiative to provide information, advice, and recommendations to the Commissioner Name Page 3 of7 Initials Commission on matters that are non-routine and not administrative in nature __ Reports produced by the City Manager are accurate, comprehensive and concise __ Produces and handles reports in a way to convey the message that affairs of the City are open to public scrutiny Add the values from above and enter the subtotal + 5 = __ score for this category 6. CITIZEN RELATIONS __ Responsive to requests from citizens __ Demonstrates a dedication to service to the community and its citizens __ Maintains a nonpartisan approach in dealing with the news media __ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests __ Gives an appropriate effort to maintain citizen satisfaction with City services Add the values from above and enter the subtotal __ + 5 = __ score for this category 7. STAFFING __ Recruits and retains competent personnel for staff positions __ Applies an appropriate level of supervision to improve any areas of substandard performance __ Stays accurately informed and appropriately concerned about employee relations __ Professionally manages the compensation and benefits plan __ Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal + 5 = __ score for this category 8. SUPERVISION __ Encourages heads of departments to make decisions within their jurisdictions with minimal City Manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff AGENDA ITEM# SC JULY 25, 2016 --Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department Commissioner Name Page 4 of 7 Initials level AGENDA ITEM# SC JULY 25, 2016 __ Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the City Manager's office __ Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, providing appropriate feedback and appropriate mentoring __ Encourages teamwork, innovation, and effective problem-solving among the staff members Add the values from above and enter the subtotal __ + 5 = __ score for this category 9. FISCAL MANAGEMENT __ Prepares a balanced budget to provide services at a level directed by the Commission __ Makes the best possible use of available funds, conscious of the need to operate the the City efficiently and effectively __ Prepares a budget and budgetary recommendations in an intelligent and accessible format __ Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability __ Appropriately monitors and manages fiscal activities of the City Add the values from above and enter the subtotal __ + 5 = __ score for this category 10. COMMUNITY __ Shares responsibility for addressing the difficult issues facing the City __ Avoids unnecessary controversy __ Cooperates with neighboring communities and the county __ Helps the council address future needs and develop adequate plans to address long term trends __ Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal __ + 5 = __ score for this category Commissioner Name Page 5 of 7 Initials NARRATIVE EVALUATION AGENDA ITEM# 8C JULY 25, 2016 What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------- What performance area(s) would you identify as most critical for improvement? _____ _ What constructive suggestions or assistance can you offer the City Manager to enhance performance? Commissioner Name Page 6 of 7 Initials AGENDA ITEM# 8C JULY 25, 2016 What other comments do you have for the City Manager; e.g., priorities, expectations, goals or objectives for the new rating period?---------------------- Commissioner Name Page 7 of 7 Initials INSTRUCTIONS AGENDA ITEM# 8C JULY 25, 2016 This evaluation form contains six categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Clerk's performance. 5 =Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 =Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 =Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be presented by one or more Commissioners to the City Clerk. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter" __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Exhibits composure and attitude appropriate for the position Add the values from above and enter the subtotal __ + 4 = __ score for this category 2. PROFESSIONAL SKILLS AND STATUS __ Maintains knowledge of current developments affecting the practice of the Clerk's Office __ Demonstrates a capacity for innovation and creativity __ Anticipates and analyzes problems to develop effective approaches for solving them Commissioner Name Page 2 of 5 Initials __ Willing to try new ideas proposed by Commission members and/or staff AGENDA ITEM# 8C JULY 25,2016 __ Sets a professional example by handling affairs of the Clerk's office in a fair and impartial manner Add the values from above and enter the subtotal __ + 5 = __ score for this category 3. CITY CLERK FUNCTIONS __ Oversees the appropriate maintenance of all records of the City and oversees the records retention and destruction process __ Provides accurate and timely agendas and successfully manages the agenda process for the Commissioners, City Manager and Department Heads __ Attends all regular and special meetings of the Commission and successfully provides accurate official minutes of the proceedings __ Manages all public records requests __ Manages municipal elections, and exhibits knowledge of principles and practices of municipal code and pertinent election law __ Ability to meet and serve the public with tact and creditability Add the values from above and enter the subtotal __ + 6 = __ score for this category 4. REPORTING AND RECORDS __ Provides regular information and reports to the Commission concerning matters of importance to the City, using the City Charter as a guide __ Responds in a timely manner to requests from the Commission for special reports __ Takes the initiative to provide information, advice and recommendations to the Commission on functions and issues involving the Clerk's Office __ Effectively manages records and indexing of records for public use Understands Florida Public Records and Government in the Sunshine Laws -- Add the values from above and enter the subtotal __ + 5 = __ score for this category 5. FISCAL MANAGEMENT __ Makes the best possible use of available funds, conscious of the need to operate the the Clerk's Office efficiently and effectively __ Prepares a budget and budgetary recommendations in an intelligent and accessible format Commissioner Name Page 3 of 5 Initials AGENDA ITEM# 8C JULy 25, 2016 __ Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability __ Appropriately monitors and manages fiscal activities of the Clerk's Office Add the values from above and enter the subtotal __ + 4 = __ score for this category 6. STAFFING AND SUPERVISION __ Manages staff effectively __ Encourages teamwork, innovation and effective problem-solving among staff members __ Instills confidence and promotes initiative in subordinates through supportive controls for their programs while still monitoring operations at the staff level __ Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress and providing appropriate feedback __ Promotes training and development opportunities for employees Add the values from above and enter the subtotal __ + 5 = __ score for this category NARRATIVE EVALUATION What would you identify as the City Clerk's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------- What performance area(s) would you identify as most critical for improvement? _____ _ Commissioner Name Page 4 of 5 Initials AGENDA ITEM# 8C JULY 25,2016 What constructive suggestions or assistance can you offer the City Clerk to enhance performance? What other comments do you have for the City Clerk; e.g., priorities, expectations, goals or objectives for the new rating period?---------------------- Commissioner Name Page 5 of 5 Initials City Attorney Performance Evaluation Summary City of Atlantic Beach, Florida Evaluation period: October 1, 2014 to September 30, 2015 OVERALL SCORE= 4.56 PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS= 4.25 4.6 Diligent and thorough in the discharge of duties, "self-starter" 4 Exercises good judgment 4 Displays enthusiasm, cooperation, and will to adapt 4.4 Exhibits composure and attitude appropriate for the position 2. LEGAL CONSULTATION= 4.3 AGENDA ITEM# 8C JULY 25,2016 4.4 Provides the scope of legal expertise necessary to meet the City's needs on issues that arise 4.6 Provides his best and honest recommendations given all existing legal issues and ramifications 4.2 Possesses knowledge of and provides efficient and effective advice on the City's Charter and Municipal Code 4.4 Advice provided regularly takes into account and balances the overall goals and objectives of the City 4 Proactively identifies potential legal issues when he is aware of them to avoid problems from occurring 4.2 Accurately identifies and addresses all legal issues within documents and items that he reviews 3. LEGAL REPRESENTATION= 4.36 4.4 Aggressively represents the interests of the City as directed by the Commission 4.2 Approach to legal matters is effective in achieving the best possible legal outcomes for the City's interests given the issues that arise 4.6 Represents the City in a professional and ethical manner 4.4 Is impartial and objective in his duties and responsibilities 4.2 Estimates of legal impacts are reasonably accurate on a regular basis 4. STAFF WORK= 4.55 AGENDA ITEM# 8C JULy 25, 2016 4.6 Prepares ordinances, resolutions, contracts and other legal work accurately and consistent with the direction and objectives communicated by the Commission, City Manager and/or Department Heads 4.6 Maintains a good working relationship with members of the City's management team 4.2 Able to maintain the Commission's and Staff's confidence while informing them of the different legal risks that proposed actions might generate 4.8 Displays a positive attitude in carrying out his responsibilities and responding to requests 5. COST/FISCAL ACCOUNTABILITY AND CONTROL = 4.94 4.8 Effectively manages and controls legal costs given the issues, assignments and requests made to him 5 Legal tasks are performed with appropriate authorization according to established procedures and contract requirements 5 Fiscally effective approach in achieving best possible legal outcomes for the City's interests given the issues that arise Invoices accurately identify tasl<s and expenses in sufficient detail to provide accountability and cost control 6. RESPONSIVENESS/TIMELINESS OF ACTIONS= 4.76 4.6 Requested legal work and assignments are completed in a timely manner within established time frames 5 Accessible when needed to respond to requests for legal information and assistance 4.8 Timely completion of legal reviews and requests for information 5 Effective follow-up to requests that are made to him 4.4 Accurately interprets and clarifies Commission and City Manager direction 7. COMMUNICATIONS= 4.74 4.6 Effectively communicates with Commissioners, City Manager and Department Heads 4.8 Answers are provided in a timely and understandable manner 4.8 Maintains confidentiality with regard to all legal matters, as appropriate 2 NARRATIVE EVALUATION AGENDA ITEM# SC JULY 25, 2016 What would you identify as the City Attorney's strength(s), expressed in terms of the principle results achieved during the rating period? • Communicates well and understands the scope of his work. • Depth of knowledge and his tenacity and willingness to serve the community. • High moral character, sharp mind and quiet presence. • Team approach used by his office gives the city the resources of a number of highly qualified attorneys. • Tipping fee resolution-showed him to be persistent, a good communicator, attentive and excellent mediator. • ABCC annexation -well informed, excellent attention to detail, excellent follow-through. • Ordinances -available to discuss any proposed ordinance at any time. • Charter-available to moderate the committee -excellent result. • Getting more comfortable as a municipal attorney. • Extremely responsive. What performance area(s) would you identify as most critical for improvement? • Identify risks more effectively in a public setting. • Review parliamentary rules and if unsure at meeting state that fact. • Be more assertive when asked for an opinion at the dais. Ok to say don't know the answer. Seems a bit "timid" when responding to commissioner's questions. What constructive suggestions or assistance can you offer the City Attorney to enhance performance? • Be more assertive when risk potential is identified in his opinion. • Keep working for the benefit of the citizens and the city of AB. • Exemplary professionalism. • Level of engagement and accessibility to the commission and entire staff far exceeded expectations. • His confidence will grow as he gains more experience as a municipal attorney. 3 AGENDA ITEM# 8C JULY 25, 2016 What other comments do you have for the City Attorney e.g., priorities, expectations, goals or objectives for the new rating period? • Should make every effort to engage each of the new commissioners and to acquaint the commissioners with their entire team and assure them of their loyalty, and that interests and efforts are with and for the city. • Have no doubt will exceed expectations of incoming commission and reach all goals that they set. • Continue to learn and grow in the position. 4 City Clerk Performance Evaluation Summary City of Atlantic Beach, Florida Evaluation period: October 1, 2014 to September 30, 2015 OVERALL SCORE = 4.44 PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS= 4.5 5 Diligent and thorough in the discharge of duties, "self-starter" 4.4 Exercises good judgment 4 Displays enthusiasm, cooperation, and will to adapt 4.6 Exhibits composure and attitude appropriate for the position 2. PROFESSIONAL SKILLS AND STATUS= 4.36 AGENDA ITEM# 8C JULY 25, 2016 4.6 Maintains knowledge of current developments affecting the practice of the Clerk's Office 4.2 Demonstrates a capacity for innovation and creativity 4.4 Anticipates and analyzes problems to develop effective approaches for solving them 3.8 Willing to try new ideas proposed by Commission members and/or staff 4.8 Sets a professional example by handling affairs of the Clerk's office in a fair and impartial manner 3. CITY CLERK FUNCTIONS= 4.77 4.8 Oversees the appropriate maintenance of all records of the City and oversees the records retention and destruction process 4.6 Provides accurate and timely agendas and successfully manages the agenda process for the Commissioners, City Manager and Department Heads 4.8 Attends all regular and special meetings of the Commission and successfully provides accurate official minutes of the proceedings 4.8 Manages all public records requests 4.6 Manages municipal elections, and exhibits knowledge of principles and practices of municipal code and pertinent election law 5 Ability to meet and serve the public with tact and creditability 4. REPORTING AND RECORDS = 4.4 AGENDA ITEM# SC JULY 25, 2016 4.2 Provides regular information and reports to the Commission concerning matters of importance to the City, using the City Charter as a guide 4.6 Responds in a timely manner to requests from the Commission for special reports 4 Takes the initiative to provide information, advice and recommendations to the Commission on functions and issues involving the Clerk's Office 4.6 Effectively manages records and indexing of records for public use 4.6 Understands Florida Public Records and Government in the Sunshine Laws 5. FISCAL MANAGEMENT= 4.55 4.6 Makes the best possible use of available funds, conscious of the need to operate the the Clerk's Office efficiently and effectively 4.6 Prepares a budget and budgetary recommendations in an intelligent and accessible format 4.4 Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability 4.6 Appropriately monitors and manages fiscal activities of the Clerk's Office 6. STAFFING AND SUPERVISION= 4.08 4 Manages staff effectively 4.2 Encourages teamwork, innovation and effective problem-solving among staff members 4 Instills confidence and promotes initiative in subordinates through supportive controls for their programs while still monitoring operations at the staff level 4 Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress and providing appropriate feedback 4.2 Promotes training and development opportunities for employees NARRATIVE EVALUATION AGENDA ITEM# 8C JULY 25,2016 What would you identify as the City Clerk's strength(s), expressed in terms of the principle results achieved during the rating period? • Very good at responding to needs of public and commission. • Responsiveness, ability to take charge and willingness to take on more responsibility. • Thorough, responsive, accessible, organized professional and competent. • Very detailed and protective of the city's stature. • Attention to detail and ability to remain apolitical. What performance area(s) would you identify as most critical for improvement? • Managing staff, specifically Nancy • More assertive in her duties as clerk. • Continue to identify the needs of the city clerk's office and realize that the clerk is not subordinate to the CM or Attorney within the dictates of the clerk's responsibilities as stated within the charter. • Expand on the clerk's ability to disseminate information to the citizens via electronic means. • Could learn to be more flexible with procedures and change. • At times it seems as if her political views can hamper her enthusiasm for the task at hand. • Remain neutral in all matters at all times. What constructive suggestions or assistance can you offer the City Clerk to enhance performance? • Need to be stronger in management of Nancy. • More assertive. • Continue to attend workshops, etc. that will improve and enhance her duties as clerk. • More assertive to move the needs of her office forward. • Continue to become more vocal during commission meetings to make sure the clerk is aware of the directives of the commission -must ask for clarification, as appropriate. • Serves the city well. Work is thorough and her staff is always willing to help out. • Be more assertive when necessary with all parties equally. AGENDA ITEM# 8C JULY 25, 2016 What other comments do you have for the City Clerk; e.g., priorities, expectations, goals or objectives for the new rating period? • Great job. With change in administration, must step up her performance and assertiveness as clerk. • Appreciates the work ethic and assistance of the clerk's office and thank them for their efforts. • Hope she will embrace more technological changes that can be an asset to both the city and the clerk's office.· • Take enhanced educational role for new commissioners. 4 Responds well to requests, advice, and constructive criticism 4. POLICY EXECUTION = 4.16 4.4 Implements Commission actions in accordance with the intent of Commission AGENDA ITEM# 8C JULY 25, 2016 4.4 Supports the actions of the Commission after a decision has been reached, both inside and outside the City 4.2 Understands, supports, and enforces local government's laws, policies, and ordinances 3.8 Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness 4 Offers workable alternatives to the Commission for changes in law or policy when an existing policy or ordinance is no longer practical 5. REPORTING = 4.2 4 Provides regular information and reports to the Commission concerning matters of importance to the City, using the City charter as guide 4.4 Responds in a timely manner to requests from the Commission for special reports 4 Takes the initiative to provide information, advice, and recommendations to the Commission on matters that are non-routine and not administrative in nature 4.2 Reports produced by the City Manager are accurate, comprehensive and concise 4.4 Produces and handles reports in a way to convey the message that affairs of the City are open to public scrutiny 6. CITIZEN RELATIONS= 4.36 4.4 Responsive to requests from citizens 4.4 Demonstrates a dedication to service to the community and its citizens 4 Maintains a nonpartisan approach in dealing with the news media 4.6 Meets with and listens to members of the community to discuss their concerns and strives to understand their interests 4.4 Gives an appropriate effort to maintain citizen satisfaction with City services 7. STAFFING= 4 4.4 Recruits and retains competent personnel for staff positions 3.8 Applies an appropriate level of supervision to improve any areas of substandard performance 2 AGENDA ITEM# 8C JULY 25,2016 3.8 Stays accurately informed and appropriately concerned about employee relations 4.2 Professionally manages the compensation and benefits plan 3.8 Promotes training and development opportunities for employees at all levels of the organization 8. SUPERVISION= 4 4 Encourages heads of departments to make decisions within their jurisdictions with minimal City Manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff 4.2 Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level 4 Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the City Manager's office 3.8 Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, providing appropriate feedback and appropriate mentoring 4 Encourages teamwork, innovation, and effective problem-solving among the staff members 9. FISCAL MANAGEMENT= 4.76 4.8 Prepares a balanced budget to provide services at a level directed by the Commission 4.8 Makes the best possible use of available funds, conscious of the need to operate the the City efficiently and effectively 4.6 Prepares a budget and budgetary recommendations in an intelligent and accessible format 4.8 Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability 4.8 Appropriately monitors and manages fiscal activities of the City 10. COMMUNITY= 4.28 4 Shares responsibility for addressing the difficult issues facing the City 4.2 Avoids unnecessary controversy 4.4 Cooperates with neighboring communities and the county 3 AGENDA ITEM# 8C JULY 25, 2016 4.2 Helps the council address future needs and develop adequate plans to address long term trends 4.6 Cooperates with other regional, state and federal government agencies NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? • Background and expertise with regard to finances • Great employee relations • Deep understanding of the issues specific to Atlantic Beach • Thorough and competent problem solver. • Takes the time to look at each problem from all sides to reach a fair, cost effective and responsible solution, which often leads to budget savings as well as savings of staff's time and energies. • Instrumental in concluding the tipping fee issue • Open door policy for citizens, staff and elected officials • Follow through is noted by the annexation of ABCC and the reorganization of the COAB utilities and public works departments. What performance area(s) would you identify as most critical for improvement? • Time management is very important for the health and well-being of all employees. A continuous schedule of late nights and weekends will ultimately affect one's health and job performance. Keep an open door policy but limit the conversation. • Growing in his position as CM and made great strides in his short tenure. Dedication to the City and its fiscal strength is impressive. Utilize educational opportunities to further understand the breadth and depth of role as CM. • Establish borders for Management role vs. Commission role. • Supervising and monitoring city personnel; implementing better discretion when it comes to discussing issues (whether city staff, commission and citizens); becoming more involved with professional associations that have the resources to learn about the workings/managing of a city, its personnel and elected officials. 4 AGENDA ITEM# 8C JULY 25, 2016 What constructive suggestions or assistance can you offer the City Manager to enhance performance? • Show more exterior confidence in his decisions. • Take more time away from the office so he can come back refreshed with new eyes to more clearly see the day to day operations. • Continue the open door policy. • Appreciates that CM gives citizens opportunity for input into the decision process for projects. Would suggest that the citizens be involved and receive communications during construction. What other comments do you have for the City Manager; e.g., priorities, expectations, goals or objectives for the new rating period? • Listen to the Commission as a whole, and not one particular commissioner. • Encourage him to maintain the long-term outlook and encourage the new commission to follow through with the vision process that has been put in place. • Will need to spend time mentoring and helping the new commissioners learn about the practical workings of our government. • Very pleased with the CM's performance in his role. • Listen more and talk less-he tends to interrupt with his own viewpoints and ideas before allowing the person to finish. • Encourage him to attend course re: conflict resolution as he tends to want to "avoid" the conflict rather than trying to resolve it in the early stages. • Be decisive, yet respectful. 5 RESOLUTION NO. AGENDA ITEM# SD JULY 25, 2016 DRAFT 7/12/2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME COURT OPINION IN THE CASE OF REED V. TOWN OF GILBERT, ARIZ.,-U.S.-, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015) AND SUSPENDING ENFORCEMENT OF ALL REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has adopted ordinances govemmg certain signs within the City of Atlantic Beach and those ordinances are contained in the city's Code of Ordinances in Chapter 17, Signs and Advertising Structures, together with associated definitions set forth in Chapter 6, Building and Building Regulations, and Chapter 24, Land Development Regulations. WHEREAS, pursuant to the Supreme Court opinion in the case of Reed v. Town of Gilbert, Ariz. (U.S. June 18, 2015), the traditional regulation of temporary noncommercial signs in municipal codes across the country was impacted in that any sign code provisions which separately categorized or classified temporary noncommercial signs, such as political signs or for rent signs, based upon the information conveyed, are now subject to strict scrutiny rather than intermediate scrutiny by the courts. WHEREAS, in response to this recent opinion, it is in the best interest of the City to take action to suspend enforcement of regulations governing temporary noncommercial speech as those regulations relate to the City's Sign Code and related definitions and will consider revisions to its Sign Code and related provisions to comport with the Supreme Court's guidance in the Reed case to ensure that its signage regulations will be interpreted as content neutral except where a compelling government interest requires a content-based distinction. 00681429-1 AGENDA ITEM #8E JULY 25, 2016 DRAFT 7/14/2016 ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE- MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROHIBITIQN AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL W.ITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EF;FJi:CTUNTIL , 2017, UNLESS TERMINATED BY THE CITY C()lVIMISSION 1\.T AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS,]NTENT ANDPURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FO~ ZQNING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR S~VERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING f\.N EFFECTIYE DATE . .. . ·-·.·.·. WHEREAS, Aliicle VIII, Section 2 of th§ Florida Constitution provides that municipalities shall have govemmental, corporate and proprietary powers to enable municipalities to conduct mm~icipal govemment, perform municipal functions and render municipal services; ancl. . WHEREAS, purs~ahtto thkrefere11ced provision of the Florida Constitution, a city may . .· .. •"··· --,-_._-_ ··-·- exercise anY power for 111unicip~l purposes except as otherwise provided by law; and WHEREAS, Chapter 166, Flori.da Statutes, the "Municipal Home Rule Powers Act", reinforces the authority granted under the Florida Constitution and authorizes municipalities to exercise any power for m.unicipa] purposes, except when expressly prohibited by law and to enact ordinances in fu1iher thereof; and WHEREAS, the City wants to review whether automotive service stations, automotive service-minor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales (hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW and SPA, and, if so, under what conditions and review standards; and 00682684-1 1 AGENDA ITEM #8E JULy 25, 2016 DRAFT 7/14/2016 WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect individual rights, while at the same time promoting the health, safety and welfare of the people, including the compatibility of development and aesthetic impacts of development in the City; and WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public peace and good order and to safeguard the health, safety, morals and welfare of the .·---,·---- community and citizens thereof, it is necessary and adyisable to enact a temporary moratorium on the permitting approvals of certain Automobile Service Statiorifacilities in the City; and WHEREAS, the City Commission . for the City of Atlantic Beach, Florida finds it necessary for the promotion of the public safety and welf<uethat this Ordinance be enacted; and -<·>-·. _._ .. ' WHEREAS, implementation~ofthls Ordinance is ill the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT>()RDAINED BYTHE<COMMISSIONERS OF CITY OF ATLANTIC BEACH,F_[,ORIDA, THAT: SEC'I'JON 1. RECI']]ALS: Ihe (:lforementipned recitations are incorporated herein by reference/ ._ -~-~~~~----; ;> '- SECTION 2. TITLE This Ordina,n.ce shall be l(pown and may be cited as the "Automobile Service Station Moratorium Ordinance'\ SECTION 3. DEFINITIONS For the purpose of this Ordinance, the following terms are defined as follows: (a) "automotive service stations" has the same meaning as "service station- automotive" set forth in Section 24-17 of the City's Land Development Regulations. 00682684-1 2 AGENDA ITEM #8E JULy 25, 2016 DRAFT 7/14/2016 (b) "automotive service -minor" and "automotive repair -heavy" have the same meanings as set forth in Section 24-17 of the City's Land Development Regulations. (c) "car wash" has the same meaning as set forth in Section 24-17 of the City's Land Development Regulations. (d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery, health and beauty aids, fast foods to ~go, -meats and produce, and includes dispensing of fuels and other automotive goods arid related services: The term does not include . . . supermarkets. Generally these stores are less th<:m 7,500 square feet in size. These stores may also include sit-down restaurant areas. (e) Taken together, the terms ''automotive service station," "automotive service- minor," "automotive repair-heavy," "car wash" and "coJwenience{ood stores with fuel/gasoline :.·.·.·. ,•, : sales" shall be refenedtocollectiyely herein as .. "AutomobileService Stations." ',.>>. <·· ' '// .:/· SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM / .. ,'. '/ This Ordinance shall be applicablet9 all propeliies zoned as CL, CG, LIW or SPA, located within the boundaries of the City of Atlantic Beach. SECTION 5. INTENT · The intent of th~ City C9mmission acting as the governing body of the City of Atlantic Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had an oppoliunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. 00682684-1 3 AGENDA ITEM #8E JULY 25, 2016 DRAFT 7/14/2016 SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A temporary moratorium is hereby established to prohibit filing and/or application for zoning or permitting of Automobile Service Stations and suspending the process of any zoning or pe1mitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the foll6wing are exempt fi:om this temporary " " moratorium: Gate Petroleum, Inc. project locatedat 501, 535, 54 I Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary moratorium shaJLBe in place from the effective date of this Ordinance through ____ _:...:,:.,.;---' ~Q 17. The (:ity Commission may rescind this moratorium or extend this nwratorium fotp\riods of up to six montll.s. " " " SECTION 7. ENFORCEM,ENT, PENALTIES ANDINJUNCTIVE RELIEF The City's code enforcem~ntofficer, lawenforcement or any other person authorized to ,··, -. enforce ordinances" in the CitY ofA~lantic" Bea~h may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a rrlisdemearior with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonmentfor a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Code enforcement action pursuant to City of Atlantic Beach Ordinances; (b) Pursuit of injunctive and/or declaratory relief in a comi of competent jurisdiction; 00682684-1 4 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM#9A JULY 25,2016 Yvonne Calverley , Executive Assistant to the City Manager July7, 2016 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, detenninittg the location, time and whether or not to videotape special meetings and workshops ifthe Commission desires . The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and wil l be included in each agenda for consideration. Special notes: • Budget Workshops are scheduled for Monday, August 15 1b and Wednesday, August 24"1 from 5:30 to 9 pm in the Chamber. • The Annual Board Member Reception is tentative ly scheduled for Thursday, September 29th at 6:30pm at the Adele Grage Cultural Center. • A Town Hall Meeting is tentatively scheduled for 10 am on Saturday, October 151 h at the Jordan Park Center. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for August through October2016 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (August through October 2016) CITY MANAGER: ~ [/tYk~