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Agenda Packet January 24, 2011
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING January 24, 2011 - 6:00 P AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of January 10, 2011. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report 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 Building Department Monthly Activity Report and Utility Sales Report for December 2010. B. Acknowledge receipt of certification for expenditure of forfeiture funds. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 65-11-37, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing- Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and Wine/Package and Consumption) to a Series 1 4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a Residential General, Two - Family (RG) Zoning District at 51 Robert Street. (City Manager) B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage- 1792 Sea Oats Drive. (City Manager) C. Award of Additive Alternate #2 for Bid No. 1011 -01 — Slide Gate Replacements. (City Manager) D. Report on City Use of Facebook. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Modification to Verizon Wireless Lease (City Attorney) B. Proposed rule requiring disclosure of financial interests when addressing the Commission (Commissioner Daugherty) If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January 21, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING January 10, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of December 13, 2010. Motion: Approve the minutes of the Regular Commission Meetinji of December 13, 2010, as written. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Dave Smith, 1053 Kings Road, spoke in favor of the Voo Swar Lounge's application for a liquor license. He stated he believes the article in the newspaper and the police reports on this subject could both be in error. He stated there were some very damaging statements in the newspaper report. He further stated there are those who would eliminate all alcohol sales entirely from the beaches and there are other who might find other kinds of wrong reasons for being against the Voo Swar Lounge existing as it does in a low income African American neighborhood. He asked that the Commission look at the 95 police reports to see if they are actually for criminal behavior and defer action until they have done so. Lewis Washington, 35 Robert St., son of Earnest Davis of Voo Swar, stated years ago they decided to forfeit their cocktail license and only serve wine and beer but have since reconsidered the decision in light of their market research which shows the economic benefits of having that license. He stated when they do this they will also increase their security measures. He further explained the community activities that are held at the Voo Swar and asked that the Commission show support of the small businesses, which are the backbone of this country. He stated the Voo Swar is a small January 10, 2011 REGULAR COMMISSION MEETING Pace 2 business malting the necessary adjustments needed to turn a profit during these tough economic times. Jermaine Lyons, 3737 St. Johns Bluff Rd. S., #1404, spoke on the character and integrity of the Voo Swar Restaurant and Lounge stating besides the recreation and entertainment they have been involved in back to school programs and many other community and charitable events. He stated he supports the granting of the liquor license. He also corrected the article by the Beaches Leader stating there was inconsistent information and exaggerated reports which he believes should be disregarded in this decision because the reports are not true and a defamation of the character and integrity of the establishment. Sally Clemens, 1638 Park Terrace West, stated the Davis family has been around the beaches area longer than some of the Commissioners have been alive and she does not believe they would do anything that would be a detriment to our community. She further stated disorderly conduct will come from drinking wine and beer just as much as other drinks. She also asked, doesn't the City make money by giving out City licenses every year. Clyde Bradley, 443 Whiting Lane, stated he is not wasting his time talking about how he feels up here but will write a letter to the Leader so more people will know about it. Sam Royster, 1102 Mayport Landing Drive, spoke in favor of the Voo Swar and asked the Commission to tape a fair look at their request and grant Mr. Davis what he is asking for. He stated there are procedures in place for extra security and all they need is the Commission's approval to give them a chance to make that community better. He stated it is unfortunate that people down the street and houses adjacent to Mr. Davis make him look like a bad person. He stated it's like when you are captain of the ship and the engineer runs aground; you have to take the blame. He stated it is unfortunate that Mr. Davis is the big man in the community because although he shares the good he also shares all the negative. He asked that the Commission put themselves in Mr. Davis's shoes and vote favorably for this. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting None. Consent Agenda 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 January 10, 2011 REGULAR COMMISSION MEETING Page 3 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for November 2010 and List of New Business Tax Receipts Issued in December 2010. B. Approve the Inter -Local Agreement Amendment (FY 2010 -2011) for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. C. Award the annual contract for Landscape Maintenance to R & R Maintenance, Inc. in the amount of $19,760 (Bid No. 1011 -06). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, and C as read. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 95 -10 -102, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING REQUIREMENTS; AMENDING SECTION 24- 69, FEES; CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -10 -102 by title. Motion: Approve Ordinance No. 95 -10 -102 as read. Moved by Woods, Seconded by Daugherty. January 10, 2011 REGULAR COMMISSION MEETING Page 4 Mayor Borno opened the Public Hearing. Jessica Whitehead, representing Al's Pizza, 303 Atlantic Blvd. stated approval of this would help their business a lot. She stated if their customers could not bring their dogs anymore they would lose quite a few patrons. She further explained the procedures they have taken to accommodate dogs at their outdoor dining. She stated Al's Pizza supports passing this ordinance. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Parsons asked Ms. Whitehead about the complaint regarding the dog being on the table, which was his concern. He asked if her employees watch for that. Bridget Judge of Al's Pizza explained that the dog in question was a small Chihuahua and he was in a chair. She stated they do not allow dogs in chairs at all and if they see them they will have them removed because they are not supposed to be at the table and they are not allowed to eat off their plates. She stated they provide paper plates and dog bowls and they have sanitizer. She stated this dog got past her, it was a tiny little dog and she was at the bar and did not see it. Commissioner Daugherty stated he believes this is a part of the beach way of life and he has taken his dog to restaurants and welcomes it. Commissioner Woods stated she believes it is the right of the businesses to have the kind of establishment they want and she supports it. Mayor Borno stated he has no disagreement with the ordinance as proposed. He stated it does require self policing by the establishment and there are checks and balances if there is a complaint made. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and Wine /Package and Consumption) to a Series 4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a Residential General, Two - Family (RG) Zoning District at 51 Robert Street. January 10, 2011 REGULAR COMMISSION MEETING Page 5 City Manager Jim Hanson explained the staff report was prepared by Erika Hall for the zoning issue and Mike Classey for the policing issues. He asked Ms. Hall to give the zoning overview and then to follow with a report on the police issues at this location over the last year by Chief Classey. Erika Hall explained the zoning history of the property, stating when the zoning code was rewritten in 1982 they became a non - conforming use because they are a business in a residential district. She stated Mr. Davis holds a permanent food service seating license from the Division of Hotels and Restaurants and a 2COP package and onsite consumption for beer and wine. She stated typically when a restaurant comes to them they are in a commercial district and apply for a use -by- exception to go to a 4COP. She stated Zoning cannot sign off on this application because they are not in a commercial district which is why they are before the Commission. She stated Section 24- 85(d)(1) states that non - conforming use may continue so long as they remain otherwise lawful and in compliance, which is how they have remained in business over the years. She stated Section 24- 85(d)(2) states that non - conforming uses shall not be expanded or enlarged and staff is interpreting this as an intensification, therefore an expansion, of the current use. She further stated the alcoholic beverage license SRX, special restaurant license, requires that the existing structure has over 2500 s.£, which they do. She stated they also have to show that they have 150 seats permanently set up and 51 % of their gross sales must be from food or non - alcoholic beverages. Chief Classey explained the Police Department has been to Voo Swar 95 times in the past year, with the largest percentage of the calls being property checks, which is when an officer goes down there on their own accord. He stated granting this additional usage is not going to help this situation and from a public safety aspect he does not support the request. He further pointed out that for the past 2 %2 years the Mayport Corridor has been a strategic priority for the City and they have made a lot of improvements within the corridor and he does not see this as a furthering of that strategic initiative but rather as a step backward. Motion: Approve LDRW- 2011 -01, request to waive Section 24- 85(d)(2). Moved by Woods, Seconded by Parsons. Mayor Borno opened the Public Hearing. Dave Smith, 1053 Kings Road, asked if the comments during the Courtesy of the Floor to Visitors will be part of this Public Hearing, otherwise he would ask all of those people to please speak again during this Public Hearing. Mayor Borno asked if there would be any problem in incorporating those comments into the Public Hearing. City Cleric Bartle stated we would have to ask each person if they wanted that. Mayor Borno stated we would not be able to read it into the record verbatim but we could indicate that the people by name spoke in favor of. Mr. Smith stated he wants his previous comments to be part of the Public Hearing and the Commission should take them into consideration in their discussion. Lewis Washington, 35 Robert Street, stated he and his Dad work hard every day to keep the business open and they feel this would be an opportunity for them to stay January 10, 2011 REGULAR COMMISSION MEETING Pate 6 open for 30 or 40 more years. He stated they have no problem with hiring more security and whatever they need to do to make this matter better they will do. Jermaine Lyons, 3737 St. Johns Bluff Rd. S., 41404, stated past and future incidents of crime are not a direct reflection on Voo Swar Lounge and Restaurant. He stated the revenue generated will be a plus for everybody, not just the business but for the City also. He stated the fact that they have been in the community for over 30 years should have some type of consideration. He stated he believes the police reports should be stricken from the record because they don't have any backing as far as where the reports came from. Sam Royster, 1102 Mayport Landing Drive, stated it is unfortunate that he sets the paperwork up for Voo Swar to hire JSO cops, paying them $35 /hr., and yet he hears these numbers. He stated he does know for a fact that you do have to call Atlantic Beach five or six times before a police officer will show up. He stated maybe that is only when he is there and maybe it is not always the case but he stated he would like the Police Department to support Voo Swar and asked that the Commission do the same thing. He stated it is unfortunate that people down the street or around the corner seem to want to come dirty your yard, but in their yard they want everything clean. He stated that is just the way it is, people who live on the beach go to Jacksonville and tear it up but come home and it's squeaky clean and Jacksonville takes the brunt of a bad name. He stated that is what we have here, a brunt of a bad name, when the man is totally innocent. He stated all Mr. Davis is asking is for something simple that the Commission has the power to grant. He stated he hopes the Commission chooses favorably. Clyde Bradley, 443 Whiting Lane, stated he believes this is a policing policy. He stated, coming from a long line of career policemen, there are ways to do this. He stated they aren't overworked and underpaid so get out there and clear this bad problem up. Sally Clemens, 1638 Park Terrace West, wanted her previous comments included. She stated it seems they get a license for year so why can't they give him a license for a year and if they don't abide by it then take the license away. She stated if it was a business before 1982, and she knows we keep changing things, she believes these people got caught in the middle of changes. She stated we should be careful about how many rules and regulations we make in our private lives and we are trying to help the beaches people. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Fletcher asked what the receipts derived from food as a percentage of the total receipts are. Ms. Hall stated that is a State requirement and is nothing Atlantic Beach checks. She stated of the gross sales 51% must be food or nonalcoholic beverage. Commissioner Fletcher stated he wanted to make it clear that the City of Atlantic Beach is not granting a liquor license, we are considering a land development waiver which is a condition precedent to the Voo Swar getting a liquor license from the State of Florida. Ms. Hall stated essentially when a restaurant comes in for their liquor license, zoning has to sign off certifying that they meet our requirements and since she January 10. 2011 REGULAR COMMISSION MEETING Page 7 is unable to sign that because it is nonconforming we have to get a waiver. Commissioner Fletcher asked Mr. Washington if their receipts are 51% food and are there 150 permanent seats. Mr. Washington stated yes and there are more than 150 seats. Commissioner Fletcher reiterated this is a land development waiver, we are not granting a liquor license and stated he hopes everybody understands that. Commissioner Daugherty stated the reason this came before the Commission is because this is a residential neighborhood and asked if the Commission would like this bar next to their house. He stated this isn't something they are considering in a public shopping center or in a commercial area, it is next to where children are playing. He stated he spoke to the owners a couple of months ago regarding blatant drug activity he had noticed going on outside Voo Swar to see what they were doing about it. He stated they played the victim saying there was nothing they could do, it was a policing problem and when the police drive by they run into their business and start playing pool and they can't control them. He stated if they can't control them without liquor then how are they going to control them with liquor. He stated the place is a blight on the neighborhood. He stated he will vote no on this. Commissioner Fletcher stated he was sorry that Mr. Washington had to defend himself against what was published in the paper. He stated this is a land development waiver and they cannot be given out easily. He stated the impact on adjacent neighboring properties must be considered. He stated land development waivers set big precedents and he can't support it for that reason. Commissioner Parsons stated this man has been over here since 1963 and doing business so it is kind of hard to say the neighbors didn't know what they were looking at when they came by. He asked if Mr. Davis has ever been ticketed or any offense brought against him personally. Mayor Borno asked Mr. Washington if there had been any citations issued against the Voo Swar. Mr. Washington stated there have been no citations issued against Voo Swar. Commissioner Parsons stated he agrees that it hard to get the changes done, but at the same time, with the length of time this man has been there and the amount of people who showed up tonight to speak on his behalf, he can't see not giving him what he has asked for. Commissioner Woods asked about the menu, hours and parking. Mr. Washington explained the menu stating they currently serve chicken wings with fries, pork chop sandwiches with fries, fish sandwiches, shrimp, hamburgers, fish sticks, cheese sticks, bottled water, sodas, Gatorade, candy, popcorn, etc. He stated they are planning on expanding their menu with pasta dinners, steaks and they smoke racks of ribs. He stated they are open for lunch and dinner and explained their hours of operation, which vary by the day of the week. He stated they have well over 150 seats and explained where the parking is but did not know how many parking spaces they have. January 10. 2011 REGULAR COMMISSION MEETING Page 8 Commissioner Woods stated this is a tough issue, stating they have worked really hard in not giving waivers to non - conforming uses because of problems that arise, but on the other hand Voo Swar is kind of an institution in the neighborhood and has been there a long time. She stated they also serve as a community meeting hall. She expressed concern that they could meet the requirements of the State for the liquor license. Mr. Washington explained that, although they are not required to do so with the license they currently have, they will be able to provide receipts and information for those requirements when they get the other license. Commissioner Daugherty stated, in response to Commissioner Parsons comments about the community support for Voo Swar, he believes the community support is obviously very well orchestrated and is all the people who are related to business owners. He stated he can appreciate that and would do the same thing if he had something going on. He further stated State agencies are very lazy and they don't really care that much as long as they get their license fees, etc. and the process to remove a license like that is very extensive and takes a very long time. He believes approving this on a conditional basis is not going to work because once they grant the land waiver it will then be in someone's hands in Tallahassee. He stated you can fail numerous times on the percentages and still keep your license. He stated should they turn into a bar, you are looking at a very long process, stating he has first -hand experience with this problem. He further stated he respects the fact that they have a community center, he has been in the community for a long time and his right to do business. He stated the fact is that this is a non - conforming land use; it is a bar in a residential neighborhood and he would be very surprised and disappointed if this passes. Earnest Davis, owner of Voo Swar Restaurant and Lounge, stated he has been there for a long, long time and was there before anyone came over there, when it was nothing but woods. He stated he wishes the Commission would try to help him out, he needs some help because it is hard to make it out there today with the recession. He stated he would appreciate it if they could help him with this license because it would increase his business. He stated he does ribs, chicken, fish, etc. and helps support this community. He stated he has had weddings, receptions, family reunions and when anyone dies in that community he foots the bill himself when they don't have food to feed the family and he feeds them which he has been doing for years. He reiterated all he is asking the Commission is for them to help him out. He stated it is just a cocktail license, which he used to have, until he had two serious operations. He stated it is hard to make it now with the recession going on and he would appreciate the Commission's help. Mayor Borno stated he knows Mr. Davis has worked very hard the last couple of years to help the community and has brought forward some issues over there that needed attention. He stated he has used his facility to help get these groups together once a month. He stated on the other side there have been a lot of disturbances, and though not a direct result of something happening in his restaurant, they get reflected and become a stigma for his business. He stated he believes he knows Mr. Davis well enough to know he would not tolerate drug dealers but asked him also to not tolerate that activity outside his business. He asked that Mr. Davis work with us to help get rid of some of these problem areas. Mr. Davis stated he appreciated what the Mayor said January 10. 2011 REGULAR COMMISSION MEETING Page 9 and stated he will do his best to do that. Mayor Borno also suggested that while he is currently open on a demand basis, he would strongly suggest that he establish hours of operation, which he believes would help increase his business. Commissioner Woods stated she was under the impression that this would be a change, not only in intensification of use but a change of use from bar to more of a restaurant and asked if Mr. Davis sees it that way. Mr. Washington stated they are known for their chicken not for their beer. Mr. Davis stated they cook the best barbeque in town. Mayor Borno asked Ms. Hall if there was a requirement for the State to do verification of food sales against liquor with his current license. Ms. Hall stated no, it is strictly on the SRX, Special Restaurant, license. Discussion ensued. Commissioner Woods asked that this be deferred so Voo Swar can work with the Police Department to come up with some solutions and a plan of action to show the Commission things will change After further discussion, City Attorney Alan Jensen explained they are getting in some real dangerous areas of telling these people that, in order for the Commission to consider their application for a land waiver, they have to come up with a plan as far as safety in their neighborhood, etc. He stated he does not believe that is what the Commission is up here to do. He stated he has been involved in many of these over the years representing many restaurants and knows the process. He stated when they go to the Beverage Department to get this new 4COP -SRX license one of the things they are told they have to do is come to the city where their property is and get a certificate of zoning, which states they are properly zoned to have that business where their property is located. He stated, as Ms. Hall explained, we can't give it to them because they are not properly zoned, so the only thing that we can do is grant them a land development waiver because they are in a residential district. He stated they need to keep in mind that they were zoned as a business when this restaurant started and are now non- conforming because of action the City took in rezoning that property out there, not action that was a result of any conduct by Voo Swar. He stated he disagrees with comments made by Commissioner Daugherty, stating he has been involved in many cases with different restaurants and the State does monitor the 51% sales requirement, and whether you have enough seats. He stated they normally require that you submit some type of a site plan showing all your tables and chairs and they will come out and check those. He stated while the State is as understaffed as much as anyone else and who's to say they are not going to be on top of it every day of the week or every day of the year, but they are going to monitor it. He stated he has seen restaurants fined or have their license suspended if they are not meeting the 51% requirement. He stated that is outside of the City's purview and not something we do; it is exclusively the purview of the State of Florida Beverage Department. Commissioner Fletcher stated it was his understanding that they were down zoned because they were originally a commercially zoned business and then woke up one morning and found that they were in a residentially zoned and that bothered him. He stated as it was pointed out it was through no action that they took and to him it could have been a taking. He stated he didn't realize the City could just go down zone somebody's property. He stated there is an issue with that and it was said we should January 10, 2011 REGULAR COMMISSION MEETING Page 10 take that into account. He stated he needs some guidance on that. He asked if it was correct that if they were zoned commercial then they would be looking at a use -by- exception now. Ms. Hall stated yes. Commissioner Woods stated they have put conditions on approvals for some things and she does not believe asking for a security plan is that big a condition. She stated she did not want to ask them to solve the entire community's problems but has heard comments about security personnel within the restaurant, etc. and she is looking for more of them working with the police department so everyone is comfortable with what their plan is moving forward. Mr. Jensen stated his only concern is that they would be basically pre- conditioning it, rather than saying they move approval with these conditions. Mayor Borno asked Mr. Davis and Mr. Washington if they defer this, would it impact anything with their application. They agreed to the deferral. Mr. Jensen stated if they defer this, they should defer to a specific date. After more questions from Mayor Borno and Commissioner Woods regarding whether deferring would interfere with their application for the liquor license, Mr. Washington reiterated they were willing to defer. Motion: Defer to February 14, 2010 Moved by Woods, Seconded by Mayor Borno Commissioner Woods stated they would appreciate any additional information they would want to bring to the Commission. Mr. Washington asked for clarification and Mayor Borno explained what they would like to see. Commissioner Fletcher pointed out that he will not be at the February 14 meeting. Discussion ensued and Commissioner Woods stated she is willing to change the deferral to the next meeting. Commissioner Woods withdrew her motion, Mayor Borno withdrew his second. Motion: Defer to January 24, 2010. Moved by Woods, Seconded by Borno Votes: Aye: 3 — Borno, Parsons, Woods Nay: 2 - Daugherty, Fletcher MOTION CARRIED B. Approval of firm to review City's Pension Plans and options. Mr. Foster summarized his staff report and explained Foster &Foster is the firm he is recommending the Commission select to do the study and he is also recommending that the Commission authorize the City Manager to expend additional funds during the January 10, 2011 REGULAR COMMISSION MEETING Pate It study process if they come up with additional things to have them look at and to delay the study until they can get the updated actuarial data for 2010 and to see what the Florida legislature does as far as the Florida Statute 185, which restricts what we can do to the police pension plans. He explained, currently, if they make any changes to the Police Pension Plan they will probably lose their Florida Statute 185 funds, which are $88,000 /year. Commissioner Woods asked if this study would be available to the Commission in the fall. Mr. Hanson stated the intent would be to get a report to the Commission sometime this spring, which would be presented in a Shade meeting because this is a Union negotiation issue. He stated if the Commission wanted to give any instruction to our negotiating team it could be given prior to and made a part of the Union negotiations through this summer, hopefully culminating about the time of the budget adoption process. Commissioner Fletcher asked how long it takes to get the study done. Mr. Foster they have given us an estimate of completion of 45 -75 days. Motion: Approve the selection of Foster &Foster and authorize the City Manager to approve additional funds, not to exceed the budget amount, which may be required during the study if additional actuarial information is required and to delay the start of this study, as necessary, to determine if there are any pension changes that may be authorized by the Florida legislature and what impact, if any, using the 2010 actuarial report data versus the current 2009 actuarial report data would have on the results of the study. Moved by Fletcher, Seconded by Woods. Commissioner Daugherty asked if they are delaying the study is there any reason to approve the funds now. Mr. Foster stated the funds have already been budgeted and what they are doing now is choosing the company to do the study. Discussion ensued. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1 -Daugherty MOTION CARRIED C. Award of the Utility Contractor Annual Service Contract (Bid No. 1011 -02). Public Utilities Director Donna Kaluzniak explained this is the annual contract for their utility contractor, which is for repairs of utilities, water, sewer, stormwater as well as minor construction under the $25,000 limit for bidding. She stated a lot of the work is emergency work. She explained the prequalification and bid process. She stated after the bids came in she received a challenge on the prequalification for the low bidder, which was Jax Utilities Management and upon checking their references it appeared that they didn't have the qualifications for the mechanical work at the plants and lift stations. She further stated after her follow -up with the company, her recommendation is to consider them not pre - qualified or disqualified. She stated her recommendation was to award the bid to Gruhn May, who was the second low bidder. January 10, 2011 REGULAR COMMISSION MEETING Page 12 Motion: Approve awarding the bid for Utility Contractor Annual Service Contract to Gruhn May, Inc. at the prices provided for Bid No. 1011 -02. Moved by Daugherty, Seconded by Parsons. Discussion ensued and Ms. Kaluzniak and Mr. Hanson answered several questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED D. Beaches Veterans Memorial Park Operating Agreement. Public Works Director Rick Casper explained the operating agreement. He stated although the staff report asks for the authorization of the City Manager to sign the agreement, it should ask that the authorization be for the Mayor to sign the agreement. Commissioner Daugherty asked what the cost is to replace the flag. Mr. Carper stated it is $632, with shipping. He explained the City has already purchased the second flag because they have an agreement with Buchanan Flags that when the flag shows the first tatter, it is replaced and they will repair that flag for free and return it to us. He stated they have two rotating flags they expect to keep in service for several years. Motion: Approve the proposed agreement and authorize the Mayor to sign the agreement with the BVMP Corporation for operation of Beaches Veterans Memorial Park. Moved by Woods, Seconded by Fletcher. Commissioner Fletcher left the meeting at 7:58 p.m. Commissioner Fletcher returned at 8:00 p.m. Commissioner Woods asked if the Veterans group has fiscal responsibility toward the park other than their memorial garden. Mr. Carper stated no, but they are committed to helping us raise funds for future improvements to the park. He stated the bylaws of the BVMP Corporation state their sole mission in life is that park. He further explained that they also have first right to use the veterans portion of the park, but not the playground area. Discussion ensued regarding improvements to the park. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Authorization for Signatures on Community Development Block Grant (CDBG) Paperwork. David Thompson explained the grant which is slated to go toward improvements to Donner Park. He stated they are asking for the Commission to approve the Mayor to January 10. 2011 REGULAR COMMISSION MEETING Pate 13 sign the contract so the City can get the money. Mr. Hanson stated this is just the opposite of the last item, in that the contract has the City Manager signing, rather than the Mayor. Commissioner Woods stated there is a lot of sod going in and asked if we have irrigation out there. Mr. Thompson stated there is irrigation. She also asked if there is an outdoor water fountain. Mr. Carper stated, yes, there were two water fountains. Commissioner Daugherty stated there is a path worn in the middle of the soccer field from people walking on it and asked if there was anything that could be done to make people walk around the field. Mr. Thompson stated people have been using that path through there for forty or fifty years and does not believe trying to stop this would be very effective. Discussion ensued. Motion: Authorize the City Manager to sign the contract with the City of Jacksonville, and any subsequent documents necessary for the administration of the CDBG grant for 2010-11.. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the resurfacing of Plaza Drive is scheduled for the week of January 17. Mr. Hanson also reported the fourth annual 26.2 with Donna marathon is scheduled for February 13. He stated the last alcohol deployment on December 16 resulted in no alcohol being sold to minors. He announced that the Dog Park opening is scheduled for January 22 at 11:00 and they will sell the annual passes onsite. Mr. Hanson stated there will be an e -waste collection held at City Hall parking lot on January 15. Mr. Hanson asked David Thompson to give an update on the Mayport Corridor. Mr. Thompson gave an update on the Mayport Corridor activities and a power point presentation on the toy drive and clothing giveaway held at Donner Community Center. January 10, 2011 REGULAR COMMISSION MEETING Page 14 Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Fletcher • Happy New Year. Commissioner Woods • Go Gators. Commissioner Daugherty • Of the 90+ calls by Atlantic Beach police to Voo Swar, as reported in the Beaches Leader, 55 were property checks, which are officer induced where they go on their own accord to check on the property. He stated to him that number is a little slanted since over half of the calls were the property checks and, although he is still very much in opposition to that request, he wanted to point this out. He encouraged the Commission to do some research on this request before it comes before them at the next meeting. • Reported on his trip to Mexico. • Happy New Year. Commissioner Parsons • Reported on the Northeast Florida Regional Council evacuation study, stating if they want a copy he can get them one on DVD. • Happy New Year. Mayor Borno • Notified the Commission they will be contacted soon for Strategic Planning dates. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:25 p.m. Mike Borno, Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk AGENDA ITEM # 3A JANUARY 24, 2011 January 18, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Ji City Manager SUBJECT: Follow -up Report Voo Swar Lounge Since the last meeting, a City Commissioner has asked if adequate parking exists for the Voo Swar Lounge. Because of the zoning history related to the establishment, they have never been required to submit a parking plan to the City. Consequently, Erika Hall used an aerial photograph to lay out parking spaces on the property so as to arrive at an answer to the question. A copy of her drawing is attached. Her best estimate of parking is that 34 places could be obtained on the property. A restaurant with 150 seats would be required to have 38 parking places. Second, a number of statements were made by the public concerning the police response to the problems at the Voo Swar Lounge in 2010 that require some follow -up. A written report from Chief Classey on these is also attached. �i 4 1 AGENDA ITEM # 3A JANUARY 24, 2011 To: Jim Hanson From: Mike Classey/O t' Re: Voo Swar POLICE DEPARTMENT 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5859 FAX: (904) 247 -5867 Web Site: www.coab.us January 14, 2011 This is to follow up on the initial report regarding the above and to provide a response and further details on some of the issues discussed at the January 10, 2011 Commission meeting. As indicated in the original staff report, the police have responded to the Voo Swar more than 90 times in 2010. A breakdown of the incident types was distributed at the meeting. Fourteen of those calls involved a dispute, fight or assault. The largest number of recorded calls fall under the category of property checks and accounted for 55 of the incidents. Property checks may be in response to a call by a citizen, but most are self initiated by the officer. Officers patrolling the area during the late night and early morning hours had been observing large crowds congregated in and around the Voo Swar. In response to previous dispatched calls and their own personal observations, the officers began proactively checking the property and logging out on an incident. This was recorded in Computer Aided Dispatch system as a "property check ". Admittedly, this did increase the number of documented calls to the location, which was discussed and acknowledged at the meeting. However, I believe it is an important illustration to demonstrate the level of concern our police officers have for this establishment. Whenever an officer becomes aware of an ongoing problem anywhere in our city, we encourage them to take proactive steps to address it in anticipation of the resulting improvements. The officers' actions were prompted by a desire to prevent and reduce the number of crimes and incidents that occurred. It is obviously preferred to keep people safe through the prevention of crime rather than by responding to it and investigating it after the fact. There is no way to ascertain how many more crimes would have occurred had the officers not been already on scene. A second area of discussion at the meeting concerned incidents at the Voo Swar versus problems in the surrounding area. The call report that was distributed only contained AGENDA ITEM # 3A JANUARY 24, 2011 calls at the Voo Swar itself. No other calls from the immediate neighborhood were included in the report. With that being said, Robert Street does have challenges with serious violent crimes as well as drug sales and usage. For example, there was a stabbing incident on Christmas Eve which also involved the discharge of firearm that occurred just about 100 feet from the Voo Swar. Similarly, there was a residence where 8 people were arrested earlier in 2010 for drug sales and /or possession. Neither of these incidents or others like them were included in the submitted call report. Another statement was made at the meeting that claimed that people had to call the Atlantic Beach Police Department 4 or 5 times before an officer would come. There was no specific information provided on when this was alleged to have occurred. Therefore, it was not possible to conduct any investigation on a particular incident. However, an analysis was conducted on all the dispatched calls for service at the Voo Swar. The average response time for 2010 was 2 minutes 37 seconds Although many of the calls were not emergency calls, they were still included in the calculation. This is an excellent response time and is in line with the department's overall average emergency response time city wide. When a serious incident occurs such as an assault or battery or for that matter a traffic accident, it is not uncommon for the police department to receive several calls about it within close proximity of each other. As soon as the first call is received our dispatcher immediately gathers all the necessary information, logs the call into the computer system and dispatches an officer(s) to respond. In conclusion, the number of self initiated property checks was included in the overall call report. Their purpose was to reduce crime and protect the Voo Swar patrons and area residents and were in direct response to the officers' level of concern for potential problems. Second, only the incidents /calls specifically at the Voo Swar were included in the report. Finally, although the department may receive multiple calls about a single incident, the average response time from the first call to the officer arriving at the Voo Swar was only 2 'h minutes. T f '� � I I i v) 04 I I I � � i � I ` � - I if N UP 11 0 . �1��1 „� -i� 'r11 jw :sivl { f J ;�� I tj 1�Z L.. "jr7, fl i . 4 I I ' bi i , I—T 0 . �1��1 „� -i� 'r11 jw :sivl { f J ;�� I tj 1�Z L.. "jr7, fl i l I I ' bi i , I—T L i . AGENDA ITEM # 4A JANUARY 24, 2011 City of Atlantic Beach, Fl. Utility Sales Report Water Sales Atlantic Beach Buccaneer Total Water Sales Water Plant Production Atlantic Beach Buccaneer Total Production Total Water Billed Water Loss for month: Percentage Loss Total 12 mo. Avg. Loss I Sewer Sales Atlantic Beach Buccaneer Total Sewer Sales I Sewer Treatment Atlantic Beach Buccaneer Total Sewer Treated December 2010 December 2009 Gallons Actual Revenue Gallons l Actual Revenue Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gl 5,708 38,678 $145,130 $3.75 5,589 36,057 $135,073 $3.75 2,435 18,914 $87,201 $4.611 2.467 19,145 $84.572 $4.42 Gallons 0000 48,937 18,306 67,243 57,592 9,651 14.35% 15.10% Gallons 0000 50,283 13,305 63,588 55,202 13.19% 13.65% Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gi Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 g 5,229 30,830 $234,558 $7.61 - 5,121 30,132 $211,274 $7.01 2,320 19,189 $180,386 $9.40 2,342 18,000 $158,490 $8.81 7,549 50,019 $414,944 $8.30 N 7,463 48,132 $369,764 $7.68 FA Gallons Actual Revenue 0000 Revenue Per 1,000 g Gallons Actual Revenue 0000 Revenue Per 1,000 gl 40.714 $234,558 $5.76 53.011 $211,274 $3.99 16.666 $180,386 $10.82 19.348 $158,490 $8.19 57.380 $414.944 $7.23 72.359 $369.764 $5.11 AGENDA ITEM # 4B STAFF REPORT JANUARY 24, 2011 City of Atlantic Beach Commission Meeting AGENDA ITEM: Forfeiture Funds DATE: January 13, 2011 SUBMITTED BY: Michael D. Classey ,Chief of Police BACKGROUND: Forfeiture funds are money or other valuables seized by the Police Department, generally from drug cases. Florida State Statute (F.S.S.) 932.7055 (5) (a) and (b) governs the requirements for expending those funds. Specifically, it states that the proceeds may not be used to meet normal operating expenses of the agency. A few of the permissible uses would be training, memberships and providing additional equipment. The statute requires that a request to expend the funds be made to the governing body. These requests are made during the formal budget process or in a subsequent budget ordinance. It also requires a written certification that the request complies with the provisions of the statute. The police department provides a gym membership for our police officers. There are no funds available in the General Fund budget to provide this physical training opportunity to our officers. These funds have already been appropriated in the current forfeiture budget. The sole purpose of this staff report is to certify, as required by statute, that this expenditure does comply with the provisions of FSS 932.7055 (5) (b). BUDGET: None additional RECOMMENDATIONS: For information purposes ATTACHMENTS: FSS 932.7005 REVIEWED BY CITY MANAGE e7 t2 I d� op dm �� �' L' �� rr {',JX i df���•'r f.� y�`';7 .•I: --�., `yyf ���{: �� I = '!� }r.�= y. - '`��I + � :� =•:.:j l{(r�..y � �.4 gr � , jam '` �`� - �. . i . p 1 4 1 pr -A" !?'�! r P i -NF FC 1 ' 1 4" m I kr n� � �,�4` �i���'�'��:� 'i �y�', �{; �., �� ,Lli7"� "�3�Y'a'`��y�"4'��i�7c� .� -�L�.� ! .� ± +.:i -I # 'I L I . 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'1V��r :�uf :.�h��'i- �r�,'�_+,����.I; .1• ,I '. r . ~ + h I PS 4xi�fi`lj�k, r::_ r5; ��y 11 .} ••*�• .Y 'r r 'r •''�3' ' ' ,. , • ''t r , k J 1 I � •� •;✓ 7, ' !' )''• E�; - ;St;i.f: �9 3y. s ,'1�'�� f: i,._I`I. I_ �57114f��:. + ' '.'L`7•• ii aa'':i err ��y'ra "¢ ii • } - rlf�':�I k Ilti P. V F'�✓ti�`�L•l.�F ] f: y�l�_[Fr "Ft• O I •#— k4�k'v TMYJ4 .t, 1iM1 •.'j s'�, .� - �I ..I 4t { {Ji' .,.4 + 5 'I P : }I �:a _ •, ��`� �i�.'Ir.7,� � rr - ; L•ry• - Ff il.l ��M 4bk'�1' r': •�}� ;, _ ,_�!�'� �� } • , "j� . . - ,1+ ` � � s' 1 �'q`� „ - .,'r ,r"*,� h �4 (fir �I�Y�•�... :I . 'i r ,.h ri'7',- {r.�, . +� .T• �li. .r�'.. !11• : };� '.11,F?•! + I�� I�w: rJ I•'.JC'F.'1+ I•;.: f.1:�' r�'p F �, , �- 1 r S ; A s F a� r��r ,J• . r�G' - - Air, ' �:ir...ilr .. �`; .r•r�_� _ }'SIJ, }`el•�: Ira: -1 c.' }i � ;:: 1,; I: � :4. } "•fif� �•': 11 ., ' {- ;1. .1�':+ r' ,r r' rv �1>•":� �a:rt�7�;r �' i • -':{ 1.0. {i}y {��hi�� ' � sai�.i. ' � �. ��.- .�� . + �; JI' I.. - , r - ' 7i di.'�i;'+ .f 1 f1 ,•F s Y S� Ir. r.:. :l Ir. - r 4• i F'i. Yk 'Yr i!.. A �! .'f 7:ti! 1 ' � '! ;- ! u'/ - r. ?TJ'. -f � - r_ � - '' J` r l < 11 _ w• yy Ir~�1 {. .y +- - • +- ' 4 r 1 Y - - ' ' [ ovY J. r��� J- •4tJr: Y 5'r y � ' , 1.. ri' Ia . f7. -''t' i � S'z + }�' . {• ;iT: t i.l S "mil + A' J in. 1. - , r;+ _ . }•]C {y •}i y l > r }, i''9.. " + �' • " •i ir t", i Y ,1 II a - �,1. "SiY• `� ..+. k� : {I!'s, 4 s I �h q' °' ' tih s bra'. .� 1 , + '��I�I {, (71:{f 5 •�::�`' .J ,' r�r'1 ]L Yr,. e' 4 - . .r 'i Wy'f:'' L ` ] • I - 'J- 1��711 I�r {'1'rl` { '4.,C 1 �y jyl�i�� �i �[ `fit }��1{•,� y ,rt ' r "'' �Fy� arr': rr -t� 'f, . }{i�����1 W '��� "� r A[ ' �, - 'r R'J4 :1>'F ' •rs. �r4�t S •._ � � _ r I I y ,.. i I L p.r��r.. ,�'[ M1F r4. k; � . { - f - , _� s t� 1 1_ � M f �� jo AGENDA ITEM # 7A JANUARY 24, 2011 The City shall mean Atlantic Beach, Florida. Communications services shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information and signals to a point, between points, or among points by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such communication, transmission, or conveyance. Notwithstanding the foregoing, for purposes of this section "cable service," as defined in F.S. § 202.11(2), (2000), as amended, is not included in the definition of "communications services," and cable service providers shall be subject to ordinances of the city. Utility services company and provider shall mean any person, including a City or state, providing utility services through the placement or maintenance of any facilities in public rights -of -way. "Utility services company and provider" shall also include any person, including a City or state, that places or maintains facilities in public rights -of -way, but does not provide public utility services. "Utility Services Company and provider" shall also include any contractors and subcontractors of any person, including a city or state. Communications facility or facility or system shall mean any permanent or temporary plant, equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber optics, poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained, or to be placed or maintained, in the public rights -of -way of the city and used, or capable of being used, to transmit, convey, route, receive, distribute, provide, or offer communications services. Facility shall mean any non -city owned permanent or temporary plant, equipment and property, including but not limited to gas, electric, communications, water, sewer and other types of facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and other equipment, construction, or pathway placed or maintained or to be placed or maintained in rights -of -way of the City. FCC shall mean the Federal Communications Commission. In public rights -of -way or in the public rights -of -way shall mean in, on, through, over, under, or across the public rights -of -way. Ordinance shall mean this ordinance. Person shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate. A 2 I ff A r • :r'.,, ems' ;'f Ir= 7 I A L , I � rr,,: 1 • tr i n i , i rr 0% - w I W 7 -' . W o C 0'. 1 p OIL; mss• � +751't�'_tilf �� + }[� - r -.^�,� $'•LkTf '4rr'�j'/�lt+.}� , gt�7",,W _-7 ip .rid M rlb� K i k f.. 41. Iv . .'!r J. r�,li +J.x',_r,,ae ",���"} -a _I' - ' ,�i �n?1 'i 7:,,f i i I:;IL� - rr�4.; r L��, !I }'.iY' �F :k�� �_ +'�• %._�,i � ; }n ,�:; f�p , 4t�+ - l�r' H �'. �. �iij� ' �'''' +F )� ��rr'R �{� � r +'+,y`�� tll�5��r 4. i': 4 y }I 1.: 1E 24 _wKc I F Vn fi N1 , , Av , �bs� % � kl . • '� ?RS{� -- �**�! '�L� x v: T i r F r- in .4. 4ti I k T�F: I I o:_ '16 �M T ip �f. ri - Jl: r' �e' ; •ai �i - J�7•r..' - il�tl,5r Qom' AiN. W k l all IP IG K-1 c Lril I V �'�' 4 � Y :.i��r .li �.:;5 � F. .'R .f t r :. i'� r },��,•l {Y J �, •'� i I•�'7 .:i yr I NS t, I'Mm r i i 1 l a 41. ��1L��a {� .,rY• Z{r� ±�., � _+ �' $.. k,�•,�'Si,'I.� .r�riT Fi� ,f.� is ' . 1 N N ar I. V; Pi 1,;Z ,1 7 7 x k . . P�. T • + v Mill' AGENDA ITEM # 7A JANUARY 24, 2011 (1) Name of the applicant; (2) Name, address, email address, and telephone number of the applicant's primary contact person in connection with the registration, and the name, address, email address, and telephone number of the person to contact in case of an emergency; (3) Evidence of the insurance coverage required under this section and acknowledgment that applicant has received and reviewed a copy of this section; however, the acknowledgment of the receipt of this section shall not be deemed an agreement; (4) The applicant's certificate of authorization or license number to provide utility services issued by the state public service commission, the Federal Communications Commission, or other federal or state authority, if any, having jurisdiction; and (5) For an applicant that does not provide a state public service commission certificate of authorization number, if the applicant is a corporation, proof of authority to conduct business in the state. A certificate number from, or filing with, the Florida Department of State will be acceptable. (d) The city shall review the information submitted by the applicant. Such review shall be conducted by the city manager or the city manager's designee. If the applicant submits information in accordance with this article, the registration shall be effective and the city shall notify the applicant in writing of the effectiveness of the registration. If the city determines that the information has not been submitted in accordance with this article, the city shall notify the applicant in writing of the non - effectiveness of the registration, and reasons for the non - effectiveness. The city shall notify an applicant within thirty (30) calendar days after receipt of the registration information from the applicant. Non - effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration. (e) A registrant may cancel a registration upon written notice to the city stating that registrant will no longer place or maintain any facilities in public rights -of -way within the city and registrant will no longer require permits to perform work in public rights -of -way. A registrant shall not cancel a registration if the registrant continues to place or maintain any communications facilities in public rights -of -way. (f) Registration does not establish a right or provide authority to place and maintain or establish priority for the future placement or maintenance of facilities in public rights -of -way within the city, but shall establish for the registrant, a right to apply for a permit from the city. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any new or existing city laws, as well as any new or existing federal or state laws, rules, and regulations which may be enacted or which have been enacted. (g) A registrant shall renew its registration with the city by the first day of April of even numbered years in accordance with the registration requirements in this section, rd AGENDA ITEM # 7A JANUARY 24, 2011 except that a registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) calendar days of any change in the information required herein; a registrant shall provide updated information to the city. If the information in the then - existing registration has not changed, the renewal may provide that no information has changed. Failure to renew a Registration may result in the city restricting the issuance of additional permits until the utility services company or provider has complied with the registration requirements of this article. (h) In accordance with applicable city ordinances, codes, regulations, or policies a permit shall be required of a utility services company or provider that desires to place or maintain a facility in public rights -of -way. An acceptable and approved registration shall be a condition precedent to requesting and obtaining a permit. Notwithstanding an acceptable and approved registration, permitting requirements shall always apply. A permit may be obtained by a Registrant having an acceptable and approved registration if all permitting requirements are met. (5) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or assigns the assets located in public rights -of -way or incident to a transfer, sale, or assignment of the registrant's assets the transferee, the buyer, or the assignee shall be fully obligated to comply with the terms of this section and any franchise agreement that may be in place. Written notice of any such transfer, sale, or assignment shall be provided by such registrant to the city within twenty (20) calendar days after the effective date of the transfer, sale, or assignment. If the transferee, buyer, or assignee is a current registrant then the transferee, buyer, or assignee may not be required to re- register. If the transferee, buyer, or assignee is not a current registrant, then the transferee, buyer, or assignee shall register as provided herein within thirty (30) calendar days of the transfer, sale, or assignment. If permit applications are pending in the registrant's name the transferee, buyer, or assignee shall notify the city that the transferee, buyer, or assignee is the new applicant. (6) Placement or maintenance of facilities. (a) A registrant shall, at all times, comply with and abide by all applicable provisions of federal and state laws, regulations, rules and the city ordinances, codes, regulations, and policies in placing and maintaining facilities in public rights -of -way. (b) A registrant shall not commence to place or maintain facilities in public rights -of -way until all applicable permits, if any, have been issued by the city and other appropriate authorities. Registrant acknowledges and accepts that, as a condition of granting any permits, the city may impose reasonable rules, regulations, and policies governing the location, placement, and maintenance of facilities in public rights -of -way. (c) If a registrant chooses to use a sub - contractor as permitting agent, any application submitted by the agent must include contact information for the registrant 5 AGENDA ITEM # 7A JANUARY 24, 201 I supervisor in charge. (d) As part of the permit application to place a new or replace or maintain an existing facility in public rights -of -way, the registrant shall provide not less than the following: (1) A description of the location of the proposed facilities including a narrative description and a scaled pictorial drawing of the facilities to be installed, where the facilities are to be located, and the size of facilities to be located in public rights -of -way; and (2) A description of the construction methods or techniques which will be used to install the facilities; and (3) A maintenance plan for disruption of traffic; and (4) A statement concerning the ability of the public rights -of -way to accommodate the proposed facility; and (5) An estimate of the cost of and schedule for the restoration to the public rights -of -way; and (6) A timetable for project construction and each phase thereof, and the areas within the city which will be affected; and (7) Such additional information as the city finds necessary with respect to the placement or maintenance of the facility that is the subject of the permit application. (e) To the extent not otherwise prohibited by federal or state laws, the city shall have the power to prohibit or limit the placement of new or additional facilities within particular areas of all public rights -of -way. (f) All facilities shall be placed and maintained so as not to interfere with the use of the public rights -of -way by the public and with the rights and convenience of property owners who adjoin the public rights -of -way. The use of trenchless technology, joint trenching, and co- locating of facilities in existing conduit in the public rights -of -way is strongly encouraged and shall be employed when feasible. In all cases where a road has been resurfaced within the past five (5) years, installation of new facilities or repair of existing facilities shall be done without cutting the paved road surface, unless otherwise specifically approved by the Public Works Director. Protection of existing trees shall be a requirement for all new facilities and repair of existing facilities. The city manager or the city manager's designee may promulgate rules, regulations, and policies concerning the placement and maintenance of facilities in public rights -of -way consistent with this article and other applicable federal and state laws. (g) All safety practices required by applicable municipal, state, and federal laws or accepted industry practices and standards, shall be used during the placement or maintenance of facilities in public rights -of -way. 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'.` M! � 2 -. AGENDA ITEM # 7A JANUARY 24, 2011 permit, this section, or other applicable city ordinances, codes, policies, rules or regulations governing placement or maintenance of facilities in public rights -of -way; and (b) Misrepresentation or fraud by registrant in a registration or permit application to the city; or (c) Failure to properly renew a registration or ineffectiveness of a registration; or (d) Failure to relocate or remove facilities as required by the city. The city manager or the city manager's designee may provide a notice and the opportunity for a registrant to cure any violation or failure described herein. (8) Involuntary termination of registration. (a) The city may terminate a registration for due cause, reason, and for one or more of the following: (1) Federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communication or utility services; or (2) The registrant's placement or maintenance of facilities in the public rights -of -way presents a danger to the general public or other users of the public rights -of -way and the registrant fails to remedy the danger promptly after receipt of notice; or (3) The registrant ceases to use all of the facilities in public rights -of -way or has not complied with the requirements of this section. (b) Prior to termination, the registrant shall be notified by the city manager or the city manager's designee, by a written notice which sets forth all pertinent matters to the proposed termination action and describing the intended action of the city. The registrant shall have thirty (30) calendar days after the date of such notice to eliminate the reasons for the termination. In the event the registrant has not eliminated the reasons for the notice of termination at the end of the thirty (30) calendar day period, the termination shall be final. (c) In the event of termination, a former registrant shall: (1) notify the city of any anticipated assumption by another Registrant of ownership of the terminated registrant's facilities in public rights -of -way; and (2) provide the city with an acceptable plan for disposition of its facilities in public rights -of -way. If a terminated registrant fails to comply with this section, the city may exercise any remedies or rights it has at law or in equity including, but not limited to, taking possession of the facilities when another person has not assumed ownership or physical control of the facilities or requiring the registrant, within ninety (90) calendar days of the termination or such period as may be agreed to by the registrant, to remove part or all of the facilities from the public rights -of- way and restore the public rights -of -way to the original condition. All expenses incurred by the city or its agents to remove part or all of the facilities and to restore the public 10 a R%M.. "� *w7 4 ownx F4 CA l_, ;i �f,�� t, # ii ",$' L����- � ' II • ;. : I .1_ `''�p - '� •fj •�R� �4 .P r:r,� `r � :lY�ti f l � l _r ;�. '', � I T � #,'�3yr f ��'''' ,.� '!�`;� ��.:+Y� -art w.',i1�°��, '° +'�yti �r�.� 1 r ,,`�d .i;.tlS a �. }F�,�:�;4i'L. �.� :rt•' ,� r •,�' ^L' .e ' — I`''� i...."._•: #. .- GCS,:,.:r: 1, " , 1 T IF 4 p -4� ".'r JA Tk. l �A V F417 ON r7 4.� 4 f PA - 7a� �1'd. s 1�' - :�a r r. ,lir`..IrY 5 .,'rJ'�J 15 f xr,4 k!I`�+ I 11 �{k� �., ,�` i I �,'. io4 - % R'Q4 7 dr�l i �� I f� .ra�}',S�i.L, • k r ` + • � I.r� r C 1 413 Lj j I % d . i� i tiv.� 1 e IOANk i I IF � E OF AK*, 44. J 71 . 6-1 { : � �+ • 1'1 • � f�''�r - � � *J 1 ` �'. 7 e�� • 'r . ' ��6 E ,e 4e 1 1 4 1 V, 0 4- AY-44 Oq 01i 41 , F 1, '. d Ij, 16 kl? w N 77 - "14 • 4.7. 1 1 77 1. 1 L4 - - w it lr Or, lb .�lp r L I L:. MS , Am mi 1 1 1 JV tits -Fl - mw 7, ON. 40 Al� ov " "O i 4 jl " 0 0 wo ; V� N " I P 16 %11 ZL-, 45�i 'r[• � 'C -'.T' .'S� `5'fi+ -+Vf�l � V. _�'. ''.. �Irr■f•� 17 i,'y' _r+,sr tit 1 h6 L j J L 77 1.. I v , , I , F I ....... ...... MP m - -; 31 qu ■r.5 • l �� E � F � *�� �6 Mew "I I 161J - r {` T`�3:1 f � � - y Y}.. ,.r � �� 7 � t � :f �'r. � -,;:� �d .I �. Ll '•�` LU . 7!jw� , .4 . g;� �j V N ")k fr 8.} s�i• I� SIi . . 5�mk I i6t. 1 , r I I L. e AL-" o AW N.ik ff ----- ---- rv., �1 Z", * " �'��+ FF - 1 �'K.' r • : ': r r �:,,k j �4.. x It L VV r I I J. 6t 9 1 1 ' Av j 7. . :1 1 T -1 , To .4. -111 . ., ��: 1 , ilr: a I- �'; .''. 'v�!I' " *�4'_' ":�I iFL�I i' .�Ir,,k J�:,'ti: :'11 5,�. r. i 'j I: .T.'I ti:: ` LI.'.: �.5•' = ¢L�f}I � ' ~11., �(;,J rl'r r J• ; r y '� I * kjt I-W L 0..: 41m�`' t1sY L }9,L1 �IS 0 0 n EL AM* h, t L *V V IN 'F - } , 1 11 1 ss :II +, 1, Ft�F :f11,+ - L }Fyl y. �a r r .e�� Jr,i txji 411 y 1�4��4 - . I 4 p qQ -N v AGENDA ITEM # 7A JANUARY 24, 2011 same type or to seek appropriate enforcement remedies. (15) Abandonment. (a) Upon anticipated abandonment or the abandonment of facilities owned by a registrant in public rights -of -way, the registrant shall notify the city within thirty (30) calendar days of the anticipated abandonment or the abandonment. (b) The city may, at its sole discretion, direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's expense if the city determines that the presence of the abandoned facility interferes with the public health, safety, or welfare which shall include, but shall not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights -of -way user or during construction or maintenance in public rights -of -way; (2) interferes with or prevents the city or another person from locating facilities in the area of public rights -of- way, including the potential to impact future construction or maintenance; or (3) creates a maintenance condition which is disruptive to the intended use of the public rights -of -way. (c) In the event the city does not direct the removal of the abandoned facility, the registrant by notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or by another person. (d) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a time period as required by the city, the city, or its agents, may perform such removal and charge the entire cost of the removal to the registrant. (16) Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this section is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result provided, however, that such registrant has used all available means to expeditiously cure or correct any such inability to perform or comply. For purposes of this article, causes or events not within a registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires, natural disasters, acts of public enemies, riots, civil disturbances, sabotage, strikes, and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control and therefore, not within this section shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, misfeasance, malfeasance, and nonfeasance by any of registrant's directors, officers, employees, contractors, or agents. (17) Reservation of rights and remedies. (a) The city reserves the right to amend this section, from time to time, as it shall find necessary. (b) This section shall be applicable to all utility facilities placed in public rights- 14 AGENDA ITEM # 7A JANUARY 24, 20I 1 of -way on or after the effective date of this section and shall apply to all existing facilities in the public rights -of -way prior to the effective date of this section, to the full extent permitted by federal and state laws. (c) The adoption of this section is not intended to affect or amend any rights or defenses of the city or a utility services company or provider under any existing franchises, licenses, or other agreements with a utility services company or provider. (d) Nothing in the section shall affect the remedies the city or the registrant have available under applicable federal and state laws." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2011. PASSED by the City Commission on second and final reading this day of 5 2011. ATTEST: Donna L. Bussey, City Clerk Mike Borno, Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney 15 61A 4 ITLV �M a. Itt -Ir 1 MR 4 All. % - �{fyY1�!��f�'Y.'r yT sir' '�i fr ' 4r 'I F�•: r .l l� �}s lJi } I1 5 . % ` tip i. i � ' -•5 � ZiY: Y4YfYy�r+Z L �1'>�•�I�+�� Ji1 wl 71 A 1j; 11 ol ;, - t t n , s.���!r � +f' Y r . - "� * . y' �_ :A �. f.. yl :r •t'Jy ,. :7• I :7' .1 .I.:1��14''� -iS. .} li Ul ol �t, k . . . . . . NP opi:: , r,[Fr�;�. W�•'i' N.x ` r _�Y�l�.i J M1 f•i 17'- i�. _ . � . 7 � - . I•Ir irk - P �.l 15 gr N t, i -,I L! (P,+ 11 ;L L I .�j r 1 "ArMl 1 9 , �k 47 PV 1 4* , K ir 1-r - L f1 Ll I :111 Y`Yir F S �x� t t. f � l � . 7�X�4�� r i }�_ 5 .�`I,r :� { Sk��,`� ;':rJ ", .1. .ti -f''� ��r.:• ��ti': .y� 5.�� �.�� +r:` YI' 4M rt'i?!� L ° � n l` = '�{�. � •1�`T n•iss•' ti p '. �ri5+r r� ��i:' I„y:�'n;.. + af n Ap WQ r 1 4 ITLV �M a. Itt -Ir 1 MR 4 All. % - �{fyY1�!��f�'Y.'r yT sir' '�i fr ' 4r 'I F�•: r .l l� �}s lJi } I1 5 . % ` tip i. i � ' -•5 � ZiY: Y4YfYy�r+Z L �1'>�•�I�+�� Ji1 wl 71 A 1j; 11 ol ;, - t t n , s.���!r � +f' Y r . - "� * . y' �_ :A �. f.. yl :r •t'Jy ,. :7• I :7' .1 .I.:1��14''� -iS. .} li Ul ol �t, k . . . . . . NP opi:: , r,[Fr�;�. W�•'i' N.x ` r _�Y�l�.i J M1 f•i 17'- i�. _ . � . 7 � - . I•Ir irk - P �.l 15 gr N t, i -,I L! (P,+ 11 ;L L I .�j r 1 "ArMl 1 9 , �k 47 PV 1 4* , K ir 1-r - L f1 Ll I :111 Y`Yir F S �x� t t. f � l � . 7�X�4�� r i }�_ 5 .�`I,r :� { Sk��,`� ;':rJ ", .1. .ti -f''� ��r.:• ��ti': .y� 5.�� �.�� +r:` YI' 4M rt'i?!� L ° � n l` = '�{�. � •1�`T n•iss•' ti p '. �ri5+r r� ��i:' I„y:�'n;.. + af n Ap WQ r 1 AGENDA ITEM # 8A JANUARY 24, 2011 Staff interprets an increase from a Series 2COP to a Series 4COP -SRX to be an intensification of the existing non - conforming restaurant and lounge use, and also has concerns regarding Mr. Davis' ability to meet the conditions of the Special Restaurant license type. Specifically, while the existing structure has sufficient space, well over the required minimum 2,500 square feet, there has been no demonstration of permanent seating for 150 patrons, nor is there any indication that the Voo Swar operates as a full service restaurant that can consistently report at least 51% of gross revenue from the sale of food and non - alcoholic beverages. While these are conditions of the DBPR -ABT license, municipalities throughout the state are experiencing an onslaught of "restaurants in name only ", or RINOs, that obtain a license under these conditions, and then essentially turn into a full- fledged bar without regular monitoring and enforcement by the state. Such establishments do little to strengthen the social fabric of a community, and typically become hot spots of delinquency and criminal activity. In fact, numerous reports of criminal activity on and adjacent to the subject property, and nuisance complaints associated with the current level of intensity, already undercut the strategic goals for revitalization of the area as part of the greater Mayport Corridor Redevelopment Plan. Such criminal and nuisance activities are well documented in historic records, and appear to have been a serious issue for well over twenty years. In 2010 alone, Police Department records reveal that officers have responded to the Voo Swar a total of 95 times. Officers have reported problems during the later hours up to and including closing, at which time many disputes or fights break out. Due to these repeated problems, patrol officers now regularly check the subject property on the establishment's busier nights near closing time, in hopes of reducing occurrence of criminal activity. While this measure has been somewhat successful, it is also labor intensive and removes multiple officers from service on a regular basis. The Police Department would anticipate an increase in the number of problems and calls for service if the beer and wine license was expanded to include liquor. RECOMMENDATION: Motion to deny LDRW- 2011 -01, request to waive Section 24- 85(d)(2). ATTACHMENTS: Application for Waiver. BUDGET: No budget issues. REVIEWED BY CITY A C January 10, 2011 regular meeting 2 ® v PC AGENDA ITEM # 8A JANUARY 24, 2011 Section 24 -46(d) permits the City Commission to authorize litd Waivers, case* basis, from a specific provisions) of these Land 'Development Reg- ulations when It is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. City of Atlantic Beach A Waiverfrom_these Land Development Regulations may be approved only upon 800 Seminole Road showing of good cause, and upon evidence that.an alternative too specific pro- Atlantic Beach FL 32233 vi of this Chapter shall be provided, which conforms to the general intent (P) 904.247.5826 and spirit of these Land Development Regulations. In considering any request (F) 904.247584S www.coab.us for a Waiver from these Land Development Regulations, the City Commission -.may require conditions as appropriate to ensure that the intent of these Land DATE Development Regulations is enforced. A Waiver shall not modify any require- ment or term customarily considered as a Variance or any requirement or term ��, prohibited as a Variance, and shall be considered only in cases where alternative FILE ti t�� 20t 1— a i. administrative procedures are not set forth with the City. Code of Ordinances RECEIPT f 0320 1. APPLICANT'S NAME 2. APPLICANrS ADDRESS 35 t 3. PROPERTY LOCATION l�O � � �j 41 AG, l 7 i f l . `'l A 3 ZZ 4..PROPERTYAPPRAISER'S REAL ESTATE NUMBER - 7 222 it — 00 1 0 00- 5. CURRENT ZONING CLASSIFICATION es 6a C Herod 6. FUTURE LAND USE DESIGNATION (` L — Qqst �m 7. L 1 L provision(s) from which waiver is sought: b `� Pe &lw e ! " V✓ lL�� �a--/ rD 1C0nNVrV4 (.t.L-f 8. SIZE OF PARCEL: PARCEL FRONTAGE PARCEL DEPTH PARCELAREA 9. UTILITY PROVIDER �.�, ���� ;� „ n f. 10. Statement offacts and any special reasons forthe requested Waiver, which demonstrates compliance with Section 24 -46(d) of the Zoning and Subdivision and Land Development Regulations, and specifically describing how the request complies with the Conditions necessary forthe City Commission to approve this request Please use second page if additional space is necessary. prod -e'f / 7- 5 3..&el7 �v�r� tn� S: Esc 1 i v\ . A : n:� Ct w ►S a � p fv i tv� C S GPI % c (. The c� rr eA -Pti 5- -erveS` -F©ec( 6, er Z 4- F .s ` ?Gc +v rice =V� a U c.�y5e + S ff e r" �iKecl [���%(5 ` rv� � ( o: �F f � �r CE$$ re C%L page 1 o 2 AGENDA ITEM # 8A JANUARY 24, 201 I 1 Provide the fallowing information. Applications will not be considered complete and will not _ processed until all items have been received: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owneras above). If the applicant is not the owner, a letter of authorization from the owner(s) for the applicant to represent the owner for-all purposes related to this application must be provided. b. Survey and legal description of properly. c Required number of copies (2). d. Application Fee ($150.00). City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (P) 904.247.5826 - I F) 904.247.5845 www.coab.us :; I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT.- - Signature of owner(s) or authorized person if owner's letter of authorization is attached: PRINTED OR TYPED NAME(S) -- s7Z 9T `✓� SIGNATURE(S) n t , C ONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME ADDRESS PHONE E -MAIL -` iLt'?bg , � I'2.S`T LLA t e U. �j cc. ( cap . CC5,11 ADDITIONAL SPACE FOR QUESTION 10: �} C5 / y e � [ � SutJ� Lt � S C. CJ P / S � � 1 � �j yf 6 '014.0 60 + � u . Pr� '� �? �`�P Gt �t 1 � 4 f ri✓ / 4 � '119p f cLr< < l b-e A t . � t? S vi r1 ' f� S U b !�h ' to h �`l) C.0 J ! L C' n s[ l7 L, ° ��� y � ( �f �tij r cj �� t7.i c �.- l me-s page Z of Z 14 FAX CELL AGENDA ITEM # 8A JANUARY 24, 2011 a .OWN7EW S AUTHORIZATION FOR AGENT o is hereby authorized to act on behalf of (� � the owner(s) -of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: ❑ Zoning Variance ❑ Appeal Use -by- Exception R. Fence or Pool Permit ❑ Rezoning ❑ Sign Permit ❑ Plat or Replat Other - fti 29- BY: d Signature of Owner�� D �� 1 �� Print Name Y Signature of Owner Print Name c/ �7�� — �S/ Telephone Number State of Florida County of Duval {� u Signed and sworn before me on this _ day of, 299. By � � i /Q5+ ' L>r4 thS Identification verified: ZU t 2,0 - 31 11� 3 _ AGENDA ITEM # 8A JANUARY 24, 2011 z 1r 1i1T 7 Q ING °. OMFLE'��D -�31f THr_�t?NING A[11•HORI i Y :Gb]7'ERNl�11� X.OT�RSU$111N L4CA'FIO.; . >' Trade Name (D /B /A) - , ..:. Street Address -city P IOwaH C �m� C my vii t St .. Zip de 22 33 Are there outside areas which are contiguous to the premises which are to be part of the premises sought to be licensed ?" 0 Yes XNo If this application is for issuance of an alcoholic beverage license where zoning approval is required, the zoning authority must complete 'Wand `13." If zoning is not required, the applicant must complete section uB;n y A. The location complies with zoning requirements for the sate f alcoholic beverages or wholesale - tobacco to this application for a Series 3( C license. products pursuant ,OQ Signed Date Title B. Is the location within the limits of an "Incorporated City or Town?" Yes No ,,❑tt�� If yes, enter the name of the city or town: 1t�AAt^1 l�v► 12 w m all •; '- ]'+�}h'•4 ' L 7 �1kii 4' { 3 � €'1 l i,�!<�ii F i,��l�:,'j ., �' }�.•. ,...,v �� ,- .;H�,L {�'�+ '•� .I rti'.d 'wi�.;:��i �:' . at ri �� L }"'}, 'FI!1'��r <111 +:I: e.:� ili: I;n r'L . V{w� � �fli 1rti n! �'. ., , ...�c s: iF'. _ 5'''' ILp IPA I- R 1 4 4 ! EE - x` 77 '. * � ` F _ ; - 5 - ,�y����.. � � "i1• - �'t�.' - _r,'�_ � . I L 1!. "; Im, d R �J d 40 I," e 41 s �7 1 .6 1 WA. lw I my fil Aud FF Alp. 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I �� '•'S 1 ate' ��� L � - • {� • Y' s 1 ` � 1 w PC r-q- mmmm ' r tom. !'ti J ��•� _.SR�� +f _ , ['V . _�?�s ��__ '�� i.r:. .w •fit n' 4 � . I w ---ti •.:fir ._� � ": � 'R�ti IA-0 { 't, •rte=' =sf , -- a + - �r r! � t r .- mil' ".F. -• - ,... •: �'., ',�. _�l� '7 _. �•'�- _ -.�rr_ _ %g Y ..., .'1! :> 5- •,.1 --� - �-:�`4 ": °. ;'h .i,•,..w.wr. T -nre�- ,., `^- +ae-e -�r�- «r Y...{{jj,,,,,,y,a:';y li' i r � , I i y: ' };1'. ..i:.1,s,a -- l _� - :.•r{ Whti�� `K::. ?.ir J - �_... J ', t' i ;�}}'S V` r• +/ 4 �'{'�- �....:. - � ti _ _ � ��,�. 1 � r�b� +�ic�ar_��a;s..�- 'Y;�,Pi•K�i: �.:F�� - , -b r a � • � - r �' vim, ,e� � �" }--•� ��} �, � °� -�s�" _� g + r .gg } " l i i - + - X } - .�'' 1 y T' .L� a r. _ h i ;F ,i�� '!' ' - j �T r CL's �'�`•�.} .�'Si4 "'S-�2 T'• L } "4�' ; C � [ �f � ., �• 5 �i.� rY'I ' :� -I •." � t1 � ', !:�.r. � � _�....• �+1 i .� �- -�'�'l:'- ++.. ��, , {T �•�i.. i 'I J, y_ .i� � � - t 1 I, r. r' _ _ i�;� � frll s•'- , 1 T 1 Al ��_��:.�i 4. i•! }�, .. 1 {t..: •', X a r 0 .1 tiy.,, 1 rl:� � y .7 r i .t t .{ F4 F * •l.•.iS'.:���#�''� a:� i'� r r �. k ' r..�:' � •f ��?. �' { i• ;.. ...* �'� �_F - it 1 �I. r kkb a AGENDA ITEM # 8C JANUARY 24, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Award of Additive Alternate #2 for Bid 1011 -01— Slide Gate Replacements SUBMITTED BY: Donna Kaluzniak, Utility Directop� f DATE: January 14, 2011 BACKGROUND: On December 13, 2010, the City Commission awarded the contract for Bid No. 1011 -01 Wastewater Treatment Plant #1 Improvements to WPC Industrial Contractors, LLC. At that time, staff recommended deferring Additive Alternate #2 — Slide Gates pending a determination of whether repair of the gate seals would be adequate. The additive alternate involves 18 large slide gates that are used to isolate tanks or sections of tanks to change flow patterns or to allow for maintenance and repair of a tank and its equipment. Staff met on -site with the contractor, engineer and plant operators and determined that repairing the gate seals would still not allow for proper tank isolation due to deterioration and corrosion of the gates. In addition, some of the gates have broken operators and valve stems and staff was not able to obtain replacement parts from the manufacturer. Some of the gates will need replacement before the contractor can proceed with construction in certain tanks. BUDGET: The bid price for Additive Alternate #2 — Slide Gates was $245,000. Funds are available in the Sewer Fund under account number 410 - 5508 -535 -6300, as Bid No. 1011 -01 came in well under budget. RECOMMENDATION: Award Additive Alternate #2 for Bid No. 1011 -01— Slide Gates to WPC Industrial Contractors, LLC in the amount of $245,000. ATTACHMENTS: REVIEWED BY CITY AGENDA ITEM # 8D JANUARY 24, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Report on City Use of Facebook DATE: January 18, 2011 SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: The purpose of this report is to provide information relative to the use of Facebook (FB) as a mechanism to enhance communication between the City of Atlantic Beach and its citizens. To accomplish this goal, information has been compiled from a number of sources for review and discussion. According to Wikipedia, "Facebook is a social network service and website launched in February 2004 that is operated and privately owned by Facebook, Inc. As of July 2010 Facebook has more than 500 million active users. Users may create a personal profile, add other users as friends and exchange messages, including automatic notifications when they update their profile. Additionally, users may join common interest user groups, organized by workplace, school, or college, or other characteristics. The name of the service stems from the colloquial name for the book given to students at the start of the academic year by university administrations in the US with the intention of helping students to get to know each other better. Facebook allows anyone who declares themselves to be at least 13 years old to become a registered user of the website." An individual can start a FB page online at no cost (FB generates revenue through advertising). Users typically provide profile information about themselves and a profile photo. After establishing the page, they contact other people online to become "friends." If a person accepts an invitation to become a "friend ", then this allows these people to share information, data, photos, etc. with one another. When the page owner posts photos or messages, the data is automatically sent to all of the "friends" where it will show up on their FB pages. This can then be forwarded to "friends" of "friends" or others. FB Friends are able to access and post data on the sites of their "friends." In the event that someone decides that they no longer want to be "friends" with another user, then the user can be "defriended" and blocked from posting future data on the site. Security settings on FB allow different levels of participation from "friends." A page can be set up that does not allow anyone to post data on the site. In essence, the page becomes a bulletin board where the owner posts information, and no one else can post anything on the site. This is a practice common for business pages when there is a very large population who may want to post on the site, or when there are concerns with the content of comments that may be offensive. When a site allows others to post comments on it, the management of the site becomes much more intensive and time consuming. A review of various governmental websites demonstrates that allowing only one -way communication is a common practice. Some of the governmental agencies that have allowed AGENDA ITEM # 8D JANUARY 24, 2011 people to post comments on their sites have found it to be problematic at best. Governmental sites are subject to "freedom of speech" and "public records" issues that are not applicable to private sites. Attorneys who specialize in this field of law recommend one -way communications when using FB. Atlantic Beach Potential: The first step in assessing the usefulness of FB for the City of Atlantic Beach is to establish the specific goals and objectives of the initiative (enhancing communications is very vague). Various governmental agencies have initiated FB sites for various reasons. For some, FB is a way to market their community to the outside world. They post videos touting their educational system, business community, etc. For some, FB is used as a bulletin board for announcing special events. And for others, FB sites were thrown together to demonstrate that the organization was technologically advanced, even though their sites suggests otherwise. The purpose and intent of the site should be the first priority in determining whether or not to initiate a FB page, and other alternatives for accomplishing the goals and objectives should be considered before committing to FB. Another consideration is to determine whether or not the site will be a citywide site, or if it will only be used by a specific department or division. Some communities have FB pages for individual departments like Recreation & Special Events. Others use FB or Twitter for emergency notifications. Some use FB for the entire city or county. If the goal is to provide a mechanism to reach most of the citizens living in Atlantic Beach, then it is doubtful that a FB page is going to succeed on its own. FB is typically used by younger, technologically savvy and socially committed individuals who have the resources (computer access) to keep up their social interactions on a daily basis. This typically eliminates the majority of the low income citizens living in the City, and it also eliminates a majority of the older citizens. People who are handicapped or do not have cell phones or home computers may be missed. In a brief survey where governmental FB pages were reviewed for participation, it was determined that in most cases, less than 1% of the citizens were signed up as "friends." Conclusions: Ultimately, an organization must perform a cost /benefit analysis to determine whether or not a FB page is worth the investment. Depending on the decisions relative to the purpose and operations of the site, the maintenance of a FB page can be very time consuming, and staff time is limited. Before ever launching a site, it is important to establish policies regulating the content of the site and the conduct of the governmental employees. Questions relative to public records laws and freedom of speech issues must be addressed, and then educating staff and users is a necessity. A FB page can be designed that requires constant attention throughout the day; or it can be designed to minimize the amount of staff time necessary to maintain the site. If the City is interested in pursuing a FB page, then staff recommends doing so initially with one department: Recreation & Special Events. If a FB page is established with one -way communication (no comments from "friends "), then staff can provide updates to all "friends" who register for the page. Recreation & Special Events staff members already prepare announcements and calendars on an ongoing basis, and they maintain an email list of people who have registered to receive the announcements. If Recreation & Special Events initiated a FB page, then they could basically copy and paste the information from the announcements AGENDA ITEM # 8D JANUARY 24, 2011 onto their FB page. This will require additional staff time from Recreation & Special Events staff members if this course of action is pursued. BUDGET: Staff time will be required to set up and maintain a FB page. No funding has been identified for this purpose. RECOMMENDATIONS: None ATTACHMENTS: None REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM # I OA JANUARY 24, 2011 CITY OF ATLANTIC BEACH CITY COMNIISSION MEETING CITY ATTORNEY REPORT AGENDA ITEM: Modification to Verizon Wireless Lease SUBMITTED BY: Alan C. Jensen, City Attorney DATE: January 10, 2011 BACKGROUND: On September 27, 2010, the City Commission approved the Amendment to the Verizon Wireless Site Lease and authorized the City Manager to sign the lease documents. A copy of the Staff Report from Donna Kaluzniak, which was part of the Agenda packet for the September 27, 2010, meeting, is attached. The City Manager signed the lease documents as authorized by the City Commission, which is also authorized by Section 2- 338(9) of the Atlantic Beach Code, which states in pertinent part the following: "The city manager shall have the authority to... sign on behalf of the City contract authorized by the City Commission..." [emphasis added]. Verizon has now requested that the lease documents be signed by the Mayor, because of Article 11, Section 8, of the Charter, which states as follows: "When directed to do so by the City Commission the mayor - commissioner shall execute all instruments to which the City is a party, unless otherwise provided by the Charter or by ordinance." It is not necessary for the lease documents to be signed again by the Mayor, since they were originally signed by the City Manager and this was authorized by the City Commission and is permitted by our Code. However, out of courtesy to the request from Verizon, the City Commission may wish to authorize the Mayor to sign the lease documents as well. RECOMMENDATION: Authorize the Mayor to sign the lease documents for the Amendment to the Verizon Wireless Site Lease, which Amendment was previously approved by the City Commission on September 27, 2010. ATTACHMENT: Staff Report from Donna Kaluzniak dated September 14, 2010, which was Agenda Item 8E at the September 27, 2010, City Commission Meeting. REIVEWED BY CITY AGENDA ITEM # I OA JANUARY 24, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Modification to Verizon Wireless Lease SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: September 14, 2010 BACKGROUND: Verizon Wireless currently has a lease with the City of Atlantic Beach to rent antenna space on and near our elevated water tank at Water Plant No. 1 (469 11 m St.). Verizon would like to enlarge their emergency generator, requiring a larger concrete pad and an additional 52 square feet of area at the plant. Staff contacted other utilities to determine a fair price increase for the additional leased space. As part of this modification, Verizon has agreed to increase their rent payment by $2,400 per year, effective on the date of construction. BUDGET: Verizon's current rent is $15,585.11 per year, with an annual increase of 4 %. The additional rent would increase their current payment to $17,985.11. RECOMMENDATION: Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to sign the lease documents. ATTACHMENTS: 1. First Amendment to PCS Site Lease 2. First Amended Short Form Lease REVIEWED BY CITY