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7-24-17 Second Amended Agenda Packet CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JULY 24, 2017 - 6:30 PM SECOND AMENDED AGENDA Invocation and pledge to the flag Call to order 1. Approval of minutes. A. Approve minutes of the Regular Commission Meeting on June 26, 2017. B. Approve minutes of the Joint Workshop of the Community Development Board and the City Commission on May 24, 2017. *C. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and Beautification Natural Resource Preservation Advisory Committee held on June 14, 2017. *D. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and Beautification Natural Resource Preservation Advisory Committee held on June 16, 2017. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager selection process 4. Consent Agenda A. Acknowledge receipt of the Monthly Building Department Activity Report and Recreation and Special Events Report for June 2017. *B. Award Bid 1617-10 to J.D. Hinson Company in the amount of $377,429.37, and authorize the City Manager to execute the contract. 5. Committee Reports None. 6. Action on Resolutions *A. RESOLUTION NO. 17-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. *B. RESOLUTION NO. 17-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE, MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE. 7. Action on Ordinances *A. ORDINANCE NO. 20-17-145, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 5-17-64, Public Hearing and Final Reading 2 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) *A. Request for a waiver as permitted by Section 24-46(d) to waive the prohibition on exemptions from a tree permit for heritage trees as required by Section 23-22 to allow the removal of a 30 inch Live Oak heritage tree without a permit at Atlantic Beach Subdivision A, west 35 feet lot 42, east 15 feet lot 44, block 10 (aka 391 8th Street). *B. Draft Ordinance to Extend Automobile Service Station Temporary Moratorium. 9. City Manager Reports A. City Manager’s Report B. 90-Day Calendar (August through October 2017) 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City’s website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, July 21, 2017. Amended on July 19, 2017 as follows: Item 1C – Added Item 1D – Added Item 3A - Added Item 4B - Amended agenda item title and supporting documents Item 6A - Added Item 6B - Added Item 7A - Amended supporting documents Item 8A - Added Item 8B - Added Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1A July 24, 2017 Agenda Item 1B July 24, 2017 Agenda Item 1B July 24, 2017 Agenda Item 1B July 24, 2017 Agenda Item 1B July 24, 2017 Agenda Item 1B July 24, 2017 Agenda Item 1B July 24, 2017 MINUTES OF JOINT WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION AND BEAUTIFICATION NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE HELD ON JUNE 14,2017 · COMMISSION PRESENT: Mayor Mitchell E. Reeves Mayor Pro Tern John Stinson Commissioner Mitch Harding Commissioner Blythe Waters Commissioner Jimmy Hill BEAUTIFICATION AND NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE PRESENT: Bruce Andrews Timothy Anderson (Left meeting at 7:33p.m.) Dawn Scott Charles "Chip" Drysdale Sarah Andrews Dark Don Ford (Left meeting at 8:28 at p.m.) Linda Lanier Judith Leroux John November (Anived at 6:11 p.m.) STAFF: Brenna Durden, City Attorney Kevin Hogencamp, Interim City Manager Derek Reeves, City Planner Joanie Bowman, Recording Secretary Call to order. Mayor Reeves called the meeting to order at 6:00p.m. in the Commission Chamber. Mayor Reeves thanked everyone for their attendance, explained the procedure for the joint workshop and asked everyone to state their name and title. 1. Courtesy of the Floor to Visitors. Mayor Reeves welcomed the audience and explained the process for public comments. Mayor Reeves opened the Comiesy of the Floor to Visitors. Susanne Barker, 1938 Beachside Ct., Complimented and thanked all of the committee members of the Beautification and Natural Resource Preservation Advisory Committee for all their hard work. She expressed this committee will help enforce what the City of Atlantic Beach already has as it relates to the codes and the protection of the environment. No one else spoke from the audience. Mayor Reeves turned the meeting over to Interim City Manager Kevin Hogencamp. Amended Agenda Item 1C July 24, 2017 Minutes of the Joint Workshop on June 14, 2017 2. Committee reports Interim City Manager Hogencamp congratulated the City Commission on the appointees to the Committee and summarized the formation and history of the Beautification and Natural Resource Preservation Advisory Committee. Mr. Hogencamp explained the two ordinances proposed; one creating an Environmental Stewardship Committee and the second one creating a Tree Subcommittee and then turned the meeting over to the Chair of the Committee, Judith Leroux. Chair Judith Leroux spoke about the document as being a true democratic effort and agreed with the sentiments of Mr. Hogencamp, the Commission did really well in their selection of wonderful people. Chair Leroux read the list of committee member names and thanked all of the members for their impmiant input and love for the City of Atlantic Beach. She also thanked City staff as well as the citizens who contributed to this effort. She explained that the new name of the committee would be The Environmental Stewardship Committee. Chair Judith Leroux explained that the document accurately represents the desires and concerns of the citizens of Atlantic Beach. She spoke briefly about the process of the committee's charge and membership qualifications and explained that it was created in consultation with City Attorney Durden. In summary, she stated that this could potentially be an important mm of our government and an important support and research resource for the Commission and citizens. 3. Joint discussion (Facilitated by Mitchell Reeves, Mayor) Members John November and Don Ford stated that all members were in support of the contents of both ordinances. Mayor Reeves and the group spoke at length about the committee and subcommittee membership numbers. There was a consensus that eleven members would be appropriate for this committee. The group discussed the scope of work that the committee and subcommittees would be charged with and how they would be set up and organized as well as incorporating an educational component. Commissioner Stinson inquired as to whether the two ordinances would be presented to the Commission on the June 26th Commission meeting. City Attorney Durden explained that the language in the two ordinances need to be cleaned up before they are presented, as there is some clarification needed and gave examples. She stated that she would need to work with Interim City Manager Kevin Hogencamp, City Planner Derek Reeves, and either Committee Member John November or Chair Judith Leroux to fine tune the ordinances and could possibly have it ready for the July 1oth City Commission meeting. Commissioner Harding spoke about budgetary concerns and inquired whether there would be language pe1iaining to budgetary consideration within the ordinances. Interim City Manager Hogencamp addressed the budget concems and stated the budget they are proposing will have a marketing and communications line item as well as staffing the meetings with a recording secretary. 2 Amended Agenda Item 1C July 24, 2017 Minutes of the Joint Workshop on June 14, 2017 The group spoke at length regarding the importance of the tree subcommittee ordinance and the tree subcommittee's purpose to review tree pe1mits and serve in an advisory capacity. There was further discussion regarding property rights, community rights, permits, fines, fees, education and of possibly combining the two ordinances. The group was in agreement that these proposed ordinances be presented to the Commission for a vote as soon as possible. Mayor Reeves stated that the City Attorney would revise the ordinances with the language that needed to be addressed and share it with the Commission and the Committee together. City Attorney Durden stated she needed the input ii'om the group as a whole and requested the Committee suggest who they want her to work with to revise the language in the documents and if they are going to conduct it in a group setting, it would require a public meeting and minutes would have to be taken. Chair Judith Leroux suggested a group effmi would be most effective in evaluating the language in both ordinances. City Attorney Durden stated her role is not to determine the policies, that is whatever the Committee and the Commission chose, but that her role was the implementation of the ordinances and clarity of the language. Commissioner Stinson and the group commended the Committee for all the hard work, commitment and dedication that was put forth for this very important cause and thanked them for their effmi. City Attorney Durden suggested, because of the time constraints, they meet Friday afternoon in the Chamber and that in order to properly notice the meeting, would not close this meeting, but would continue the meeting until Friday at a specific time. She stated they would examine both documents at that meeting and she could produce a redline version to staff by Monday. Mayor Reeves personally thanked all the Committee Members for their vision and tenacity for taking this project and making it their own. He expressed his overwhelming gratitude for the great job they did and thanked them for making this an easy endeavor for everyone involved. Adjournment Mayor Reeves ended the meeting at 8:50p.m. and declared the meeting would continue on Friday, June 16, 2017 at 2:00p.m. in the City Commission Chamber. ATTEST Donna L. Bartle, CMC City Clerk 3 Mitchell E. Reeves Mayor Amended Agenda Item 1C July 24, 2017 MINUTES OF JOINT WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION AND BEAUTIFICATION NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE HELD ON JUNE 16,2017 COMMISSION PRESENT: Mayor Mitchell E. Reeves BEAUTIFICATION AND NATURAL RESOURCE PRESERVATION ADVISORY COMMITTEE PRESENT: Sarah Andrews Dark Judith Leroux STAFF: Brenna Durden, City Attorney Kevin Hogencamp, Interim City Manager Derek Reeves, City Planner J oanie Bowman, Recording Secretary Call to order. Mayor Reeves called the meeting to order at 2:00p.m. in the Commission Chamber and explained this is a continuation of the previous joint workshop that took place on June 14, 2017. He then suspended the meeting due to weather conditions and called the meeting to order again at 2:20 p.m. Mayor Reeves explained the procedure for the joint workshop. 1. Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. Mary Emerson Smith, 314 gth St., Tree Committee Chair for the community organization Atlantic Beach Preservation, explained they work diligently to uphold the tree ordinance and codes. She infmmed everyone that a meeting will take place regarding trees and impervious surfaces at Adele Grage on Thursday, June 29th. No one else from the audience spoke. Mayor Reeves and the members spoke about concerns with the membership terms; appointments, geographic requirements, and combining the two separate ordinances into one. Interim Kevin Hogencamp explained that the membership would be comprised per the Ordinance. City Attorney Durden explained she and John November spoke and felt that combining the two ordinances made the most sense and should be placed in the code of ordinances in the beginning part of Chapter 23. Amended Agenda Item 1D July 24, 2017 Minutes of the Joint Workshop on June 16, 2017 Chair Judith Leroux and Member Sarah Dark spoke about the staff liaison being the City Manager and/or Deputy Manager in order to have the right person to direct their efforts. Interim City Manager Hogencamp stated he suppmis the City Manager or the Deputy City Manager serving as the liaison to the Board. City Attorney Durden stated they were out of sequence but suggested the language state; the City Manager or his/her designee shall attend all meetings and provide assistance to the committees and subcommittees. The group was in agreement with the suggested language. After an extensive review of the two ordinances submitted, discussion resulted in several proposed changes. City Attorney Durden explained she will incorporate the proposed changes and submit them into the next draft, for review, by next Friday, June 23, 2017. She further explained there would be fu1iher discussion at the first reading and she would be adding severability, conflict language and an effective date. Mayor Reeves excused himself and turned the meeting over to the Chair of the Beautification and Natural Resource Preservation Advisory Committee, Judith Leroux at 5: 18 p.m. Chair Judith Leroux opened Courtesy of the Floor. 4. Courtesy of the Floor to Visitors Mary Emerson Smith, 314 gth St., Tree Committee Chair for the community organization Atlantic Beach Preservation, inquired about fines for taking down trees without a permit. City Planner Derek Reeves explained there is double mitigation and double permit fee. In closing, City Attorney Durden thanked the group for the feedback and the discussion. Adjournment There being no fu1iher discussion by the group, Chair Judith Leroux declared the meeting adjourned at 5:38p.m. ATTEST Donna L. Bmile, CMC City Clerk 2 Mitchell E. Reeves Mayor Amended Agenda Item 1D July 24, 2017 Agenda Item 4A July 24, 2017 Agenda Item 4A July 24, 2017 A g e n d a I t e m 4 A J u l y 2 4 , 2 0 1 7 A g e n d a I t e m 4 A J u l y 2 4 , 2 0 1 7 AGENDA ITEM: SUBMITIED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Bid 1617-10: Saltair Neighborhood Roadway Improvements Scott Williams, Interim Public Works Director~~ ~vi July 19, 2017 ·~ Please note that this an amended version of the staff report originally distributed on July 13,2017. Bids were opened July 5, 2017 for Bid 1617-10 for the Saltair Neighborhood Improvements Project. The project consists of reconstruction of the residential driveways, filling existing side ditches, removal of 12" and 15" RCP side drains and endwalls, curb and gutter construction, and milling and resurfacing on Magnolia Street and Poinsettia Street. Two bids were received as follows: J.D. Hinson Company Jax Utilities Management, Inc. Base Bid Items $343,117.61 $353,956.39 10% Contingency $34,311.76 $35,395.64 Total (Base Bid+ Contingency) $377A29.37 $389,352.03 BUDGET: Sufficient funds are budgeted for this project (PW1711) in accounts 470-0000-538-6300 & 131-5002-541-6300. RECOMMENDATION: Award Bid 1617-10 to J.D. Hinson Company in the amount of $377A29.37, and authorize the City Manager to execute the contract. ATIACHMENTS: Bid 1617-10 Bid Analysis. Bid 1617-10 Bid Tabulation. . II __.//IS , 1 REVIEWED BY CITY MANAGER: ---t/---;;;r'~""'c'l.t-f'Yl'>-L..:...J'--'1!1-/-' --r-· -rF----'h-------- Amended Agenda Item 4B July 24, 2017 CITY OF ATLANTIC BEACH BID 1617-10 SALT AIR NEIGHBORHOOD ROADWAY IMPROVEMENTS July 5, 2017 J.D. Hinson Company Jax Utilities Management, Inc Bid Item No. QTY Unit Unit Cost Extended Cost QTY Unit Unit Cost Extended Cost 1. Mobilization 1 LS $50,193.00 $50,193.00 1 LS $12,312.00 $12,312.00 2. Maintenance of Traffic 1 LS $8,217.90 $8,217.90 1 LS $15,207.00 $15,207.00 3. Site Work 0.5 AC $41,193.00 $20,596.50 0.5 AC $39,562.00 $19,781.00 4. Sediment Barrier 60 LF $11.63 $697.80 60 LF $21.00 $1,260.00 5. Inlet Protection System 6 EA $345.00 $2,070.00 6 EA $50.00 $300.00 6. Performance Turf, Sod 1299 SY $12.30 $15,977.70 1299 SY $11.70 $15,198.30 7. Regular Excavation 47.38 CY $24.32 $1,152.28 47.38 CY $10.90 $516.44 8. Embankment 327 CY $55.66 $18,196.92 327 CY $75.00 $24,519.75 9. Limerock Base 27 SY $60.12 $1,623.24 27 SY $47.00 $1,269.00 10. Subbase 488 SY $38.28 $18,680.64 488 SY $15.00 $7,320.00 11. Mill Existing Asphalt Pavement, 1" Avg. 2733 SY $8.28 $22,629.24 2733 SY $26.00 $71,058.00 Depth 12. Asphaltic Concrete, Type S-111 153.2 TN $179.40 $27,484.08 153.2 TN $365.00 $55,918.00 13. Concrete Curb & Gutter, Type F 73 LF $53.91 $3,935.43 73 LF $39.00 $2,847.00 i 14. Miami Curb & Gutter 2010 LF $36.31 $72,983.10 2010 LF $31.00 $62,310.00 15. Concrete Driveways, 5" Thick 925 SY $83.26 $76,973.87 925 SY $68.00 $62,866.00 I 16. Painted Pavement Markings, Standard, I White, Solid, 12" 118 LF $6.61 $779.98 118 LF $4.50 $531.00 ' 17. Painted Pavement Markings, Standard, 35 White, Solid, 24" LF $13.23 $463.05 35 LF $16.25 $568.75 18. Painted Pavement Markings, Standard, 0.015 GM $30,858.33 $462.87 0.015 GM $11,610.00 $174.15 Yellow, Solid, 6" Subtotal Base Bid (1-18) $343,117.61 $353,956.39 10% Contingency $34,311.76 $35,395.64 Total Base Bid +10% Contingency $377,429.37 $389,352.03 Amended Agenda Item 4B July 24, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION JULY 24,2017 STAFF REPORT AGENDA ITEM: Resolution sunsetting and dissolving the Beautification and Natural Resource Preservation Advisory Committee SUBMITTED BY: DATE: SUMMARY: Kevin Hogencamp, Interim City Manager ~ July 19, 2017 This resolution connects to the proposed ordinance creating an Environmental Stewardship Committee and Tree Subcommittee RECOMMENDATION: That the City Commission approve the resolution sunsetting and dissolving the Beautification and Natural Resource Preservation Advisory Committee. ATTACHMENT: 1. Proposed resolution Amended Agenda Item 6A July 24, 2017 RESOLUTION NO. 17-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING AND DISSOlVING THE BEAUTIFICATION AND NATURAl RESOURCE PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach did, on November 1, 2016, establish the Beautification and Natural Resource Preser;vation Advisory Committee; and WHEREAS, the City Commission tasked the Beautification and Natural Resource Preservation Advisory Committee with performing a comprehensive needs analysis to address beautification and natural resource preservation within the City, outlining eleven (11) specific tasks to be completed by the Committee; and WHEREAS, the Committee has now completed its work; and WHEREAS, the City Commission now desires to sunset and dissolve the Committee. NOW, THEREFORE, BE IT RESOlVED BY THE CITY OF ATlANTIC BEACH: SECTION 1. Sunset and Dissolution. The Beautification and Natural Resource Preservation Advisory Committee is hereby dissolved and sunsetted, and shall henceforth no longer exist. SECTION 2. Effective Date. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this_ day of __ ,2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00843242-1 Amended Agenda Item 6A July 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: SUMMARY: CITY OF ATLANTIC BEACH CITY COMMISSION JULY 24, 2017 STAFF REPORT Resolution creating a Parking Advisory Resource Committee Kevin Hogencamp, Interim city Manae July 19, 2017 This resolution is a product of a proposal submitted by Commissioner John Stinson at the June 26, 2017 City Commission meeting, augmented by input provided during and after that meeting. Under this proposal, the Committee would have 11 members. The Mayor and Commissioners each would appoint two people who are residents ofthe City of Atlantic Beach; the 11th member would be an elected official whose responsibility will be to chair all meetings of the Committee, not direct the work of the Committee, and to vote only in the event of a tie. RECOMMENDATION: That the City Commission approve the resolution creating a Parking Advisory Resource Committee ATTACHMENT: 1. Proposed resolution 2. June 6, 2017 report submitted by Commissioner John Stinson 3. Table 2: Duval County Public Parking Spaces, Bicycle Spaces, and Access Length 4. Feb. 24, 2016 report submitted by Commissioner John Stinson Amended Agenda Item 6B July 24, 2017 RESOLUTIONN0.17-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE, MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE. WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting City staff and citizen volunteers to provide input and consideration upon several important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review parking and collect parking data, conduct field inspections and make recommendations to the Commission regarding parking issues in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the PARKING ADVISORY RESOURCE COMMITTEE. SECTION 2. Purpose. The purpose of the Parking Advisory Resource Committee is to review and collect parking data, conduct related field inspections, evaluate the data and make recommendations to the Mayor and Commission as to changes and revisions to the cunent parking system which will eliminate confusion and safety issues. SECTION 3. Membership and Staff Support (a) There will be a total of eleven (11) members on the Committee. The Mayor and Commissioners shall each propose two (2) persons who are residents of the City of Atlantic Beach to serve on the Committee. The eleventh member shall be an elected official whose responsibility will be to chair all meetings of the Committee but not to direct the work of the Committee, and to 00833613-2 Amended Agenda Item 6B July 24, 2017 vote only in the event of a tie between the ten other members. All members shall be appointed by the City Commission. (b) The Committee shall be supported by the following persons: 1. One senior staff member from the Public Works Depmiment, to be selected by the City Manager; 2. One senior staff member from the Public Safety Department, to be selected by the City Manager; 3. One member (past or present) ofthe Community Development Board, to be selected by the City Commission; and 4. One recording/noticing clerk from the City Clerk's Office, to be selected by the City Clerk SECTION 4. Scope of Activities. The Committee shall unde1iake the following activities: (a) Utilize traffic counters to determine demand loads on available parking placed at locations with the City to be determined by the Committee for a period of two (2) months, beginning in August, 2017; (b) Collect data from the counters weekly to fully understand traffic loading and any increases experienced; (c) Collect data twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading; (d) Evaluate the data and prepm·e a written report containing recommendations to modify and improve the safety and efficiency of the cunent beach access parking system and design no later than October 1, 2017, or as soon thereafter as practical; 00833613-2 2 Amended Agenda Item 6B July 24, 2017 (e) Make a presentation of the written report to the City Commission in October, 2017, or as soon thereafter as practical; and (f) Undertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Parking Advisory Resource Committee shall be set at regular times and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Sunset. The Parking Advisory Resource Committee shall exist and be in place for a six month period beginning on the date of the first meeting of the Committee and, unless extended by the City Commission by further enactment, shall automatically sunset, expire and cease to exist after said six month period. SECTION 7. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this _day of __ , 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and conectness: Brenna M. Durden, City Attomey 00833613-2 3 Amended Agenda Item 6B July 24, 2017 AGENDA ITEM: SUBMITTED BY: REPORT DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER'S REPORT Formation of a Parking Advisory Resource Committee John M. Stinson, Commissioner, Seat No. 2 6th ofJune 2017 The chronological timeline and associated data related to the recommendation to form a Parking Advisory Resource Committee are as follows: 1) In January 2016, the presenter of this report hosted a resident meeting in which numerous parking concerns were raised by the attending residents; 2) In February 2016, Commissioner Stinson presented and made a recommendation to the City Commission to undertake the formation of a parking study committee. Consensus to move the recommendation forward for consideration was not given by the Commission; 3) As late as April2017, the City Commission has heard public comment about ongoing parking issues and problems; 4) Adequate, delineated, parking continues to be a source of confusion for residents and problematic for visitors; a. Examples of such problems include: i. The 3rd Street Beach Access area; ii. The 7th Street Beach Access area; iii. Club Drive and Beach Avenue between Club Drive and 7th Street; iv. 10th Street between Ocean Blvd. and the 10th Street Beach Access area; v. And, the 18th Street Beach Access area. The City of Atlantic Beach and our adjacent neighboring communities are the premier beach destination of northeast Florida and the southeast United States. As the Jacksonville metropolitan area and surrounding communities continue to experience growth, the demands on our infrastructure, neighborhoods, public safety and our beach access points will also increase. Amended Agenda Item 6B July 24, 2017 JUSTIFICATION: BUDGET: RECOMMENDATION: There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. The influx of visitors during the summer season will provide an indication of peak summer demand on parking and will contribute to highlighting problematic areas. 1) Traffic counters should be placed to determine demand loads on available parking. a. It is recommended counters be placed at the following areas for a period of (2) months: i. The 3rd Street beach access area east of Beach Avenue; ii. The 7th Street beach access area east of Beach Avenue; iii. Club Drive west of Beach Avenue; iv. The 1Qth Street beach access area east of Ocean Blvd; v. The 18th Street Beach Access area at both Seminole Road and Beach Avenue. 2) Data should be collected from the counters weekly to fully understand traffic loading and any increases experienced. 3) Data should be collected twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading. 4) The data collection should begin as soon as practical to facilitate implementing any changes prior to the summer 2016 season. 5) A traffic engineer isn't required, the changes to parking and residential traffic are simple to address and would be an unnecessary expense to bear. The impact on the current Budget will be the time and expense of traffic counter utilization, time and expense for collection of data from the traffic counters, and the time and expense for City staff to meet with team members to assist in data evaluation and formation of recommendations. It is recommended for the City Commission to: 1) To create a Committee consisting of one Public Works senior staff member, one Public Safety senior staff member, one member (past or present) of the Amended Agenda Item 6B July 24, 2017 7'! bl 2 D IC P b/' B l p k' s. B' l s. fA L a e . uva OllllfV II IC eac 1 m·m~ DUCes, ICVC e •'paces, am ccess en~lt . 201411of 201411of 2014 lensth of Parking Bicycle Public Access Public Access Spaces Spaces (feel) Public Access ATLANTIC BEACH\ IIIACKSONVILLE BEACH) Hanna Park 100+ -· 7695 N. Oce~nfront Park/19th Ave. N 20th St. 7 0 40 18th Ave. N 19th St. 16 7 40 17th Ave. N 18th St. 48 9 12 16th Ave. N Dewees Ave./Coral St./Coquina Pl./Ocean Dlvd 12 0 40 15th Ave. N 16th St. 0 2 40 14th Ave. N 15th St. 6 0 40 13th Ave. N 14th St. 2 0 40 12th Ave. N 13th St. 1 5 40 11th Ave. N 12th St. 2 5 40 10th Ave. N 11th St. 6 5 40 9th Ave. N lOth St. 10 18 40 8th Ave. N 8th St/9th St./Adele GraRe Center 17 0 12 7th Ave.N 7U!St. 0 0 40 6th Ave. N 6th St. 8 2 40 4th & 5th Ave. Njpubllc Plerl 5th St. 4 0 40 3rd Ave. N/Publlc Porkln2 Lot 4th St. 2 0 40 2nd Ave. N 3rdSt. 0 5 40 1st Ave. N 2nd St. 3 0 40 Beach Blvd. 1st St. 25 0 30 lst Ave. S Palm St./Atlantic St. (Ahern St.) 59 16 SO 2nd Ave.S Atlantic Blvd. 126 .63 100 3rd Ave. s 4th Ave. S NEPTUNE BEACH\ 5th & 6th Ave. S (Ocean Front Pork\ Lemon St. 59 82 57 7th Ave.s OramteSt. 44 18 57 8thAve.s CherrvSt. 31 0 57 9thAve.S Walnut St. 20 2 57 lOth Avo. S MvrtleSt. 21 2 57 11th Ave. s Cedar St. 6 0 57 12th Avo. s OakSt 12 0 57 13th Ave, 5 Pine St. 27 0 57 14th Ave. S Bay St. 12 0 57 15th Ave. S Maanollo St. 15 0 335 16th Avo.S Rose Place 0 0 16 18th Ave. S I North St. 14 2 so 19th Ave.S Florida Blvd. 29 0 61 Unnamed Access/20th Ave. S South St. 8 0 50 21st Ave. s Unnamed Access btwn 22nd and Bowles St. 11 0 so 23rd Ave. S Davis St. 13 s so 25th Ave.S Lora St. 8 0 so 26th Ave. s Oleander St. 9 s so 27th Ave. 5 Mvra st. 4 0 50 28th Ave.S Margaret St. 6 0 so 29th Ave.s Hopkins St. 21 0 50 30thAve.S Sea gate Ave./N. 20th Ave. 19 2 50 31st Ave. S 32nd Ave. S 33rdAve.s 34th Ave. S 37th Ave. S Duval Drive Ill ITotal Number of A<XOssos 97 Not Including llano~ Park Duval Drive 12 Total Number of Parkin" Soacas 2932 Not Including IIanna Park Duval Drive 113 ,Total Numb or of lltko So""'s 500 Not Inc ualng ll~nno ParK_ tnnvol ndvPIId Duval County FL Shore Protection Project June 2014 Public Beach Access and Parl<ing 9 201411of 201411of 2014 length of Parkins Dlcycle Public Access Spaces Spaces It recti 32 0 70 28 0 63 27 ,, 0 80 46 0 so 25 0 55 21 0 60 36 0 80 39 0 80 57 0 80 14 0 48 43 0 80 27 0 80 39 0 80 49 0 80 249 58 471 134 7 80 98 118 80 262 16 160 21 18 100 96 0 80 52 0 80 69 0 80 81 0 80 123 0 480 39 0 80 31 0 80 47 0 80 38 0 80 19 0 10 29 0 80 48 0 80 39 0 80 48 0 80 115 0 80 17 0 40 16 0 40 0 0 60 0 0 40 0 0 40 0 0 30 0 0 5 5 0 5 0 0 5 4 0 5 4 0 so 0 0 5 5 0 s 0 0 5 9 14 so 8 14 50 0 0 10 D 0 10 0 0 ,l{l 0 0 liJ olsen associates, inc. Amended Agenda Item 6B July 24, 2017 Type of location/Name R-Mon Access Hanna Park R-31 to R-39 Primary 20th St. R-42 Secondary 19th St. R-43 Secondary St. Dewees Ave/Coral St./Coquina R-46 Secondary 16th St. R-47 Secondary 15th St. R-47 Secondary 13th St.** R-48 Secondary 8th/9th/ Adele Grage Center R-49 Secondary 7th St. R-50 Secondary 6th St. R-50 Secondary 5th St. R-51 Secondary 4th St. R-51 Secondary lst.St R-52 Secondary Palm St./Atlantic St. (Ahern St.) R-52 Secondary Atlantic Blvd. R-53 Secondary AlTACHMENT B -15DU1 Am. 1 FUNDING EUGIBILITY DUVAL COUNTY SHORE PROTECTION PROJECT Width of Total parking Total Eligible Cumulative Closest Beach Access to Access/ Frontage spaces/units shoreline (ft) Distance (ft) FDEP Parking Allocation 7695 100 10335 0 Hanna Park 40 7 409.6 410 20th St. 40 17.75 9n.2 1,387 19th St. 40 13 726.4 2,113 18th St. (200' north) 40 0.5 66.4 2,180 18th St. (140' north) 40 6 356.8 2,536 18th St. 40 2.25 158.8 2,695 18th St. (180' south) 12 17 909.6 3,605 Dewee Ave (110' north) 40 0 40 3,645 Dewee Ave {70' north) 40 8.5 488.8 4,134 DeweeAve 40 4 251.2 4,385 16th St. (30' north) 40 2 40 4,425 17th St. (10' north) 30 25 1350 5,775 16th, 15th, 13th St. 50 54 2901.2 8,676 8th, 7th, 6th, 5th St. 100 50 2740 11,416 4th, 1st, Ahern St. Distance from middle of I FDEP Parking Allocation to1 Actual Access (ft) j 1/2milel 200 480 2,215 2,329 2,461 2,904 4,429 4,134 4,213 4,183 4,364 4,757 2,871 430 ** Example: In the FDEP schedule (Att. B), the beach access parking listed at 13th Street is physically allocated to a location about 180ft south of 18th Street- or 2,904 ft distant from 13th Street, by mid-point measure. Amended Agenda Item 6B July 24, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON 101b STREET BEACH ACCESS CONGESTION AGENDA ITEM: This is a fonnal request for the City Manager and staff to begin the process of identifying the traffic volumes in the area ofthe lOth Street beach access, including 1oth Street between the beach and Ocean Blvd., Plaza Drive between Ocean Blvd. and East Coast Drive, and along Beach Ave. & Club Drive between 7th Street and Ocean Blvd. SUBMITTED BY: Commissioner John M Stinson DATE: The 24th of February 2016 BACKGROUND: The City of Atlantic Beach committed to facilitating a meeting between residents of the Cloister condominium complex and neighboring residents adjacent to the Cloister condominium, in which all parties would work to some resolution oftraffic congestion and the Cloister residents requesting use of their south gate. This meeting was held in early January 2016. The benefits of the work done by all parties thus far, has identified some concerns that should be of keen interest to the City of Atlantic Beach and are contributing factors to the requests made and presented in the meeting of early January 2016. In no particular order or priority, these factors are: 1) Traffic congestion and driver I pedestrian confusion on 1 01h Street between the beach access and Beach Avenue. a. Contributing factors include: Cloister north gate ingress & egress; opposing traffic angled parking adjacent the "Bikini" apartments; parking along 1 01h Street adjacent to the Cloister north fence; vehicles backing into the 1Oth Street -Beach Ave intersection; the heavy use of the beach access by beach visitors. 2) Resident concerns about resident, pedestrian and vehicular safety on Plaza Drive between Ocean Blvd. and East Coast Drive. a. Contributing factors include: traffic loads on the street due to the limited access to neighborhoods east of the area; the speed of traffic exiting Ocean Blvd. and East Coast Drive onto this portion of Plaza Drive; and the narrow street width between Ocean Blvd. and East Coast Drive. 3) Resident concerns about resident, pedestrian and vehicular traffic safety on the Beach Ave -Club Drive route between ih Street and Ocean Blvd. a. Contributing factors include: the impact of additional traffic should the Cloister south gate be accessed; current traffic loads and the ability of these neighborhoods to absorb more traffic; high levels of pedestrian and bicycle traffic along this 1 Amended Agenda Item 6B July 24, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON loth STREET BEACH ACCESS CONGESTION route; limited amount of parking for visitors creating further congestion and safety concerns. The City of Atlantic Beach and our adjacent neighboring communities are the premier beach destination of northeast Florida and the southeast United States. As the Jacksonville metropolitan area and surrounding communities continue to experience growth, the demands on our infrastructure, neighborhoods, public safety and our beach access points will also increase. OTHER CONSIDERATIONS: Currently Atlantic Beach is experiencing an offseason with regards to visitors and traffic. Although not one of the more popular spring break destinations, Atlantic Beach does experience a moderate peak of visitors during the spring break period, which will begin in a few short weeks. The presenter believes this spring break and the following summer 2016 period would not be an ideal timeframe to introduce changes to traffic patterns and more confusion to visitors. Therefore, now is the time to gather necessary data to evaluate traffic flows and forecast the impact of any changes planned. Key milestones to complete prior to any influx of visitors or traffic include: 1) Traffic counters should be placed to determine loads during these times of lighter traffic and visitation. a. It is recommended counters should be placed at the following areas for a period of (2) months: i. 7th Street, just east of the 71h Street and Beach Ave intersection, in the offset of Beach Ave but prior to Beach Ave resuming a northerly direction towards 81h Street and Club Drive. ii. Club Drive between Beach Ave & Ocean Blvd. iii. Plaza between Ocean Blvd. & East Coast Drive. iv. 1 01h Street between the beach access and Beach Ave. b. It is recommended the counters be placed or retained again for a (2) month period on or about June 2016 in the same areas for additional data gathering. 2) Data should be collected from the counters weekly to fully understand traffic loading and any increases experienced. 3) Data should be collected twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading. 4) The data collection should begin as soon as practical to facilitate implementing any changes prior to the summer 2016 season. 5) A traffic engineer isn't required, the changes to parking and residential traffic are simple to address and would be an unnecessary expense to bear. CONCLUSION: Changes to residential traffic patterns and parking are generally easily implemented and expense should be minimal. But, time is of the essence, and the issues will be compounded as time and demand on resources increases. 2 Amended Agenda Item 6B July 24, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA ITEM ON lOtb STREET BEACH ACCESS CONGESTION BUDGET: Time and expense of traffic counter utilization, time and expense for data collection, time and focus of City staff to meet with other team members to evaluate data and make recommendations. RECOMMENDATION: Create a team consisting of one Public Works senior staffmember, one Public Safety senior staff member, one member (past or present) of the Community Development Board, one resident with interest or experience in such matters, working with one member of the current City Commission to review gathered data, to conduct a onsite review of all beach access parking, and to make recommendations to the City Manager and City Commission no later than the 151 ofmay 2016. 3 Amended Agenda Item 6B July 24, 2017 ORDINANCE NO. 20-17-145 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE DATE. 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 $3 7,324 and net expenses totaling $37,324 for the City Development Block Grant (CDBG) 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 2016/2017 Budget to be amended as follows: Revenues: CDBG-Reimbursement Total Revenues Expenses: CDBG-Infrastructure Total Expenses Fund Balance ~ CDBG GRANT FUND~ 2. This ordinance shall take effect immediately upon its adoption. Approved as to form and correctness: Brenna M. Durden, City Attorney Mitchell Reeves Mayor I Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk $ 37,324 $ 37.324 $ 37,324 $ 37.324 <$0> Amended Agenda Item 7A July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 Agenda Item 7B July 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT WAN17-0003 Request for a waiver as permitted by Section 24-46( d) to waive the prohibition on exemptions from a tree permit for heritage trees as required by Section 23-22 to allow the removal of a 30 inch Live Oak heritage tree without a pennit at Atlantic Beach Subdivision A, west 35 feet lot 42, east 15 feet lot 44, block 10 (aka 391 8111 Street). Derek W. Reeves, Planner _/.A-- July 19,2017 BACKGROUND: The applicant, John Finotti, the owner of 391 8111 Street is requesting to remove a 30 inch Live Oak designated as a heritage tree without a permit and without mitigation. The applicant and their arborist contend that the tree is dead and should be removed as a safety hazard. The tree is located in the front corner of the property and could drop branches or fall on the street and neighboring property. This tree was designated as a heritage tree on January 12, 2015 by Resolution 15-01. Section 23-22 provides a list of situations where tree removal can occur without a permit, including trees that pose a safety hazard. Specifically exempted from this section are any coastal dune vegetation seaward of the coastal construction control line and heritage trees. As a result, this tree cannot be removed without a permit, unless a City Commission waiver is obtained. One of the main requirements of a tree removal permit is mitigating for the removal of a tree by planting new trees. The removal of a 30 inch Live Oak would typically require 15 inches of mitigation (1 inch for every 2 inches removed), but because this tree is designated a heritage tree, the required mitigation is 30 inches (1 inch for every 1 inch removed). If the applicant desired to pay half of the mitigation as allowed by Section 23-37, it would still be impractical to plant 15 inches of oak trees. The plantings have to be oak trees as Section 23-33(f)(2)(a) requires oaks to replace removed oaks. Section 23-33(f)(l)(a) sets the minimum planting size of oaks at four inches, meaning that tlu·ee to four trees would have to be planted. The applicant and their arborist state that the tree was struck by lightning about four years ago and that has caused the decline and death of the tree. The City hired an independent arborist to review the condition of the tree. The City's arborist stated in their assessment (attached) that there was no signs of a lightning strike and noted that lightning strikes are rarely fatal for Live Oaks. He went on to say that the decline and imminent death of the tree is likely the result of construction damage. It should be noted that the construction of this home was completed in 2003 and has no other significant permitted work since. The neighboring prope1ty has been doing construction this year, but it's unlikely that project caused such a sudden decline in the tree. BUDGET: None. RECOMMENDATION: To get Commission consensus to move item WAIV17-0001 forward to a Public Hearing on August 14, 2017. ATTACHMENTS: W AIV 17-0003 applicat~ /ty' s arborist letter. REVIEWED BY CITY MANAGER: <~ ~ Amended Agenda Item 8A July 24, 2017 HUFFMAN TREE SERVICE P.O. Box 503 72 Jacksonville Beach, FL. 32240 904-241-0705-B 904-241-5621-Fax July 13, 2017 To whom it may concern, This arborist assessment letter is in regards to the current status and condition of the (30" DBH) Live Oak (Quercus virginiana) tree located in the front yard right side at the residence of 3 91 8th Street Atlantic Beach, Florida 32233. The tree is approx. 125 years old and is unfmiunately 90 percent dead and in need of removal. There were no visible signs of lightning as repmied (which is rarely fatal for Live oaks) so it is most likely the result of construction damage. If you have any further questions let us know. Sincerely, Robe1i M. Huffman Cetiified Arborist FL-5220A Amended Agenda Item 8A July 24, 2017 Amended Agenda Item 8A July 24, 2017 Amended Agenda Item 8A July 24, 2017 DRAFT 7/18/2017 ORDINANCE NO. ____ _ AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90- 16-22 5; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No. 90-16-225, within the City limits, through August 22, 2017; and WHEREAS, the City has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for a period of six months as contemplated and authorized in said Ordinance No. 90-16-225; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium" is hereby extended from August 22, 2017 through February 22, 2018. SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16- 225 are hereby declared to remain in full force and effect and remain valid through February 22, 2018. SECTION 3. Effective Date. The effective date of this Ordinance shall be ___ _, 2017, the day the City Commission first took action towards adoption of 00843751-1 Amended Agenda Item 8B July 24, 2017 DRAFT 7/18/2017 this Ordinance to extend the temporary moratorium, in accordance with Smith v. Clearwater. 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this_ day of August, 2017. PASSED by the City Commission on second and final reading this _ day of August, 2017. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00843751·1 2 Amended Agenda Item 8B July 24, 2017 ORDINANCE NO. 90-16-225 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITH1N AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA''); PROVIDING PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERA.Bll.,ITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal tlmctions and render municipal services; and. WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces the authority granted w1der the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in further thereof; and WHEREAS, the City wants to review whether· automotive service stations, automotive service- minor, automotive repair~heavy, car washes and convenience food stores with fuel/gasoline sales (hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW and SPA, and, if so, under what conditions and review standards; and WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protec~ 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 unifonn enforcement of existing laws and preserve the public peace and good order and to safeguard the health, safety, morals and welfare of the commm1ity and onr.81t.8·1·1 Ordinance No. 90-16-225 1 Amended Agenda Item 8B July 24, 2017 citizens thereof, it is necessary and advisable to enact a temporaty moratorium on the permitting approvals of certain Automobile Service Station facilities in the City; and WHEREAS, the City Commission tor the City of Atlantic Beach, Florida finds it necessary for the promotion of the public safety and welfare that this Ordinance be enacted; and WHEREAS, at the City Commission meeting held on July II, 2016, the Commission discussed a potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a draft ordinance and to place it on the July 25, 2016 meeting agenda fat· discussion purposes; and WHEREAS, a draft ofthis Ordinance dated July 14,2016 was included ln the Agenda Packet tor the July 25, 2016 City Commission meeting for discussion purposes; and WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first reading; and WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION I. RECITALS. The aforementioned recitations are incorporated herein by reference. SECTION 2. TITLE This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium Ordinance". SECTION 3. DEFINITIONS For the purpose of this Ordinance, the following terms are defined as follows: (a) "automotive service stations" has the same meaning as "service station-automotive" set forth in Section 24-17 of the City's Land Development Regulations. (b) "automotive service -minor" and "automotive repait' -heavy" have the same meanings as set forth in Section 24-17 of the City's Land Development Regulations. 00682084·1 Ordinance No. 90-16-225 2 Amended Agenda Item 8B July 24, 2017 (c) "cat· wash" has the same meaning as set forth in Section 24-17 of the City's Land Development Regulations. (d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery, health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other automotive goods and related services. The term does not include supennarkets. Generally these stores are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas. (e) Taken together, the tenns "automotive service station," "automotive service-minor," "automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be referred to collectively herein as "Automobile Service Stations." SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"), Commercial General ("CO"), Light Industrial and Warehousing ("LIW'') or Special Planned Areas ("SPA"), located within the boundaries of the City of Atlantic Beach. SECTION 5. INTENT The intent of the City Commission acting as the governing body of the City of Atlantic Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CO, LlW and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A 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 permitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the following are expressly exempt fi·om this temporal)' moratorium: Gate Petroleum, Tnc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary 00682614-1 Ordinance No. 90-16-225 3 Amended Agenda Item 8B July 24, 2017 moratorium shall be in place from the effective date ofthis Ordinance through August 22, 2017. The City Commission may rescind this moratorium or extend this moratorium for periods of up to six months. SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF The City's code enforcement officer, law enforcement or any other person authorized to enforce ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Code enforcement action pursuant to City of Atlantic Beach Ordinances; (b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (c) Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d) Utilizing any other action or enforcement method allowable by Jaw. SECTION 8. REPEAL OF LAWS IN CONFLICT All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 9. SEVERABILITY ff any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any t·eason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Oo68Z684·1 Ordinance No. 90N16-225 4 Amended Agenda Item 8B July 24, 2017 A g e n d a I t e m 9 B J u l y 2 4 , 2 0 1 7 Agenda Item 9B July 24, 2017 Agenda Item 9B July 24, 2017 Agenda Item 9B July 24, 2017