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Agenda Packet 11-08-04
1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING NOVEMBER 08, 2004 AGENDA 1 Call to order Invocation and pledge to the flag ' 1. Approve minutes of the Regular Commission meeting of October 25, 2004 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 Public Safety Department Monthly Report for September, ' Report of New Occupational Licenses issued in October and Public Works and Utility Departments Monthly Report for October(City Manager) B. Award Lawn Maintenance of City Parks to Cuyler's Lawn Service in the amount of ' $60,528 (City Manager) C. Authorize the City Manager to sign a Joint Use Agreement with the City of Jacksonville allocating$35,000 for the Skate Park (City Manager) ' D. Approve the list of items to be declared surplus (City Manager) E. Authorize the Mayor to sign the application and subsequent paperwork relative to the Local Law Enforcement Block Grant (City Manager) ' F. Approve the annual increase of$4,467 to the contract of First Vehicle Services for one year, from 12/1/04 through 11/30/05 (City Manager) ' 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 20-04-68 Public Hearing and Final Reading ORDINANCE NO. 20-04-68 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 B. Ordinance No. 31-04-03 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ' AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, ' 1 I WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ' ON THE 2005 FUTURE LAND USE MAP(FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, LOW DENSITY AND COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY ' KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE tC. Ordinance No. 52-04-02 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, ' STATE OF FLORIDA,ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION ' (CON)TO PLANNED UNIT DEVELOPMENT(PUD), TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; ' REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. D. Ordinance No. 15-04-10 Introduction and First Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995,AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A ' PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004,TO FINANCE ' THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND t APPLICATION OF THE PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF,AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF ' THE BONDS AT NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; ' AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; ' AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Robert McMenemy's appeal of the Tree Conservation Board's decision(City Manager) B. Request from Beaches Habitat for a Waiver from the Subdivision Regulations to allow development of individual lots to begin prior to final completion and acceptance of street, drainage and utility improvements (City Manager) ' C. Presentation of the redesign for the five points intersection (City Manager) 9. City Manager ' A. City Manager's Report ' 2 I ' 10. Reports and/or requests from City Commissioners and City Attorney A. Appointments to Boards & Committees (Mayor) Adjournment 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 Conunission 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,November 5,2004. I 1 (Amended to reverse Items 78&7C) 3 1 I I MINUTES ' REGULAR CITY COMMISSION MEETING OCTOBER 25, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III 1 Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of October 11, 2004 Motion: Approve Minutes of the Regular Meeting of October 11,2004 as presented. Moved by Meserve, seconded by Waters ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors ' Alan Potter of 374 2' Street spoke in opposition to the hiring of consultants in connection with refunding bonds. Mr. Potter asked the City Commission to not hire the consultants under Items 8C&D. Bill Brinton of 1301 Riverplace Blvd., Ste 1500,Jacksonville explained ' the City of Jacksonville zero-tolerance for litter amendment and answered questions from the Commissioners. He expressed concern that litter has ' become a serious problem and was surprised to hear that there may be opposition to the ordinance from the beaches. ' Sally Clemens of 1638 Park Terrace West requested that the citizens be informed of the city's finance reports for revenues and expenditures on a monthly or quarterly basis. I October 25,2004 REGULAR COMMISSION MEETING Page 2 J.P. Marchioli of 414 Sherry Drive commented that he and his next-door ' neighbor experienced a sewage backup into their homes and that was caused by a blockage two lines come together and tie in to the main sewer line. Mr. Marchioli expressed his solutions for the litter problem and supported the statement of Mr. Potter. GAI Consulting Report A. GAI Consulting Report Regarding FDOT's Response to the Regarding FDOT's Mayport Road Median Project. Response to the Mayport Road Median Ron Hoogland,P.E. with GAI Consulting Engineer for the project,updated Project. the Commissioners on the plans to construct the medians on Mayport Road between Atlantic Boulevard and Dutton Island Road, and provided a progress status report, which included the FDOT proposed alternative and possible future alternate. The project funding, estimated cost and construction schedule were also reviewed. A copy of the report is attached ' and made part of this official record as Attachment A. Mr. Hoogland pointed out several issues, which would need to be worked ' out with City of Atlantic Beach, the City of Jacksonville and the FDOT before the project could begin. ' It was explained that the FDOT may require a design variance in order to plant trees in the median due to their requirement that trees be planted six- feet from the edge of the travel lane. A question and answer session ' followed the presentation. Motion: Accept the proposed plan with the twelve-foot medians and request a design variance to allow tree planting in the medians. Moved by Simmons, seconded by Beaver ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report ' The City Manager stated that he would save his comments for Item 9. (See Item 9A) Consent Agenda 4. Consent Agenda I I October 25.2004 REGULAR COMMISSION MEETING Pace 3 Commissioner Simmons requested that Agenda Item 4B be removed from ' the Consent Agenda for discussion and Commissioner Waters requested that Agenda Item A be removed for the Consent Agenda for discussion. C. Extend the Landscape Maintenance Annual Contract for Utilities and Public Works Bid No. 0304-5 (City Manager) D. Extend the contract on Annual Professional Land Surveying (City Manager) ' Motion: Accept Consent Agenda Items C and D as presented. There was no discussion. ' Moved by Waters, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED A. Acknowledge receipt of Utility Sales Report for September(City ' Manager) Commissioner Waters commented that compared to September of 2003 the ' percentage of loss had decreased and inquired as to whether or not it was temporary. ' City Manager Hanson responded that it was a temporary situation and explained the different variables that affect sales. The Utility Sales Report was received and acknowledged as presented. B. Approve designated streets for the Tree Planting Program (City ' Manager) Commissioner Simmons requested that the project of planting oak trees at the first block of Beach Avenue between the Sea Turtle parking lot and Beach Avenue be completed and reported that a citizen has agreed to water the trees until they become established. Commissioner Waters reported that Hibiscus Street may need to be added to the list for tree planting in a couple of years and that a number of street signs were missing on the street. Motion: Approve the list of designated streets as presented and add the first block of Beach Avenue to the list. (A copy of the Staff Report listing 1 I ' October 25,2004 REGULAR COMMISSION MEETING Pape 4 the approved trees is attached and made part of this official record as Attachment B) Moved by Simmons,seconded by Beaver ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports ' A. Pension Board Report for Police and General Employee Pension ' Plans Pension Administrator/Finance Director VanLiere updated the Commissioners on the new members of the board and explained that the primary role of the Pension Board was to manage the funds' assets. ' He reported that over the last year, the assets had grown due to internal investments, contributions from the city, less benefits being paid out, and lower expenses related to administering the pension plan. ' Mr. VanLiere gave a brief overview of the reports provided. A copy of his report is attached and made part of this official record as Attachment C. ' He requested that the City Commission determine which reports they would prefer to receive and the frequency. ' Discussion ensued. It was the consensus of the Commissioners that a report showing the September 30, 2004 figures would be provided, and they would ' decide at that time if additional reporting throughout the year was desired. Action on Resolutions 6. Action on Resolutions There was no action on Resolutions. ' Action on Ordinances 7. A. Action on Ordinances Ordinance No. 20-04-67 Public Hearing and Final Reading ORDINANCE NO. 20-04-67 AMENDING THE OPERATING ' BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2004 AND ENDING SEPTEMBER 30,2005 The Mayor read the ordinance by title only. ' Motion: Approve Ordinance No. 20-04-67 on final reading. I October 25,2004 REGULAR COMMISSION MEETING Page 5 ' Mayor Meserve explained that the ordinance would roll over unexpended funds from the previous budget and allocate them toward FY 2004/2005 budget. ' Mayor Meserve opened the floor for a public hearing. No one spoke and he closed the public hearing. ' There was no discussion. ' Moved by Beaver, seconded by Waters • Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters,Meserve Nay: 0 MOTION CARRIED ' B. Ordinance No. 20-04-68 Introduction and First Reading ORDINANCE NO. 20-04-68 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2003 AND ENDING SEPTEMBER 30, 2004 ' The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-04-68 on first reading. Mayor Meserve explained that the ordinance was required for a budget ' amendment and would allow funds to be moved around into the correct accounts. It was announced that the public hearing and final reading of the ordinance would be November 8, 2004. ' Moved by Beaver,seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve ' - -- Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from Won Yoo Chun for a waiver from the sign ' regulations to allow for the complete face replacement on an existing nonconforming sign located at 1480 Mayport Road (City Manager) I I October 25,2004 REGULAR COMMISSION MEETING Pate 6 Mr. Yoo Chun Won, owner of 1480 Mayport Road, presented his request t for the waiver and indicated that the sign structures would not be changed and that no additional signs would be added if the waiver was granted. ' Mayor Meserve noted that the same issue had come up before and that he expected more requests to come in because of the recent storms that had blown signs down. ' Motion: Deny the request for a waiver from the sign regulations for the property located at 1480 Mayport Road. Commissioner Beaver pointed out that as every sign needed to be replaced, it would have to conform to the eight-foot height limit. Commissioner Simmons expressed her support of the stricter sign ' regulations and emphasized the need to adhere to them. Moved by Beaver, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED B. Proposed Revision of St. Johns River Water Management ' District Rule 40C-2 (City Manager) City Manager Jim Hanson explained there was a proposal to change the ' lawn watering rules that would require citizens to water only two days a week. He indicated that a hearing would be held to receive comments from the cities and counties. ' Discussion ensued. It was the consensus of the Commissioners that two days of week for watering was not enough and believed that the new water ' rates would promote conservation. Commissioner Beaver advised the Commissioners that he would represent the city at the meeting later in the week and express their concerns. C. Authorize City Manager to hire Livermore, Freeman and McWilliams for bond counsel for the purpose of refunding the ' Utility Revenue Bonds, Series 1996 (City Manager) Sylvia Dunlap, Financial Advisor with Dunlap & Associates, gave a brief ' overview of the bond rates and indicated that the city could save a significant amount by refunding the bonds. She recommended that the city move forward with the refunding before the rates go up. 1 I October 25,2004 REGULAR COMMISSION MEETING Page 7 Jack McWilliams, Bond Counsel with Livermore, Freeman and ' McWilliams, answered questions from the Commission and explained the fees, schedules and reports. Motion: Authorize City Manager to hire Livermore, Freeman and McWilliams for bond counsel for the purpose of refunding the Utility ' Revenue Bonds, Series 1996. Moved by Beaver, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED D. Authorize City Manager to hire A.G. Edwards as the Senior Manager and J.P. Morgan as Co-Manager for Underwriting Services for the Purpose of Refunding the Utility Revenue Bonds, Series 1996 (City Manager) City Manager Hanson explained that an underwriter was necessary when selling bonds and the companies were fully qualified and came highly ' recommended. Sylvia Dunlap, Financial Advisor with Dunlap &Associates, answered ' questions from the Commission and explained the reason for two separate managers was to have a good distribution of capabilities in both retail and institutional. ' Jack McWilliams, Bond Counsel with Livermore, Freeman and McWilliams, explained municipal bond law, federal tax law, advance refunding and current refunding and how they related to the city's debt. Motion: Authorize City Manager to hire A.G. Edwards as the Senior ' Manager and J.P. Morgan as Co-Manager for Underwriting Services for the Purpose of Refunding the Utility Revenue Bonds, Series 1996. Moved by Beaver, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve ' Nay: 0 MOTION CARRIED E. Extend the contract for Security Improvements to Access Limited to include additional areas for an additional $149,266 (City Manager) I October 25,2004 REGULAR COMMISSION MEETING Page 8 Motion: Extend the contract for security improvements to Access Limited at a cost of$149,266.00 to add the following areas: Water Plant 4,Wastewater Plants 1 and 2, Public Works, Adele Grage and ' City Hall buildings. Moved by Parsons, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED F. Discussion and related action on the City Manager's ' Compensation (Mayor) Mayor Meserve recommended a 5%pay increase for the City Manager. Discussion of the City Manager's performance ensued. Motion: Approve a 5% pay increase for City Manager Jim Hanson. Moved by Meserve, seconded by Waters ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED City Manager 9. City Manager A. City Manager's Report ' City Manager Hanson reported on the following items: Beach Renourishment ' • Advised that federal funding for beach renourishment had been approved. ' Skate Park ' C. Reported the city received only one bid in the amount of$315,000 for the Skate Park, which was $175,000 over budget. It was recommended that the project be rebid without fencing, sidewalk and landscaping in order to get additional bids and stay within the budget. Board Training I October 25,2004 REGULAR COMMISSION MEETING Page 9 :• Advised that the Community Development Board Training on key legal issues relating to zoning and land use was scheduled for November 16th from 6-8 pm in the Commission Chambers, and invited the City Commission to attend. He reported that training on Parlimentary Procedure had not been set up. ' Shade Meeting • City Manager Hanson reminded the Commissioners that a Shade ' Meeting to discuss the Police Union contract was scheduled for November 8th at 6:00 pm. ' Proposed Litter Amendment • City Manager Hanson commented on the Proposed Litter Amendment. ' Microphones ' C. Reported that adjustments were made to the microphones to lengthen the stand,which should eliminate the need to lean over to be heard. ' Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Reiterated that he would represent the city at the meeting for the Proposed Revision of St. Johns River Management District Rule 40C-2. Commissioner Parsons ' Commented on the beach being pounded at high tide and expressed his desire to have the beach scraping. ' • Commented on the seaweed debris and inquired if the city had a special fund for beach cleanup. ' City Manager Hanson indicated that the city had a beach cleaning service that removed litter from the beach,but because state regulations prohibit the removal of vegetative material, the seaweed would typically be covered with sand. Mr. Hanson indicated he expected more money might be needed because of the recent storms but it had not been requested. Commissioner Waters I ' October 25,2004 REGULAR COMMISSION MEETING Page 10 C. Briefly commented on the Litter Amendment C. Reported that he had read a two-page article in the The Charlotte ' Observer on Skateboard Parks and suggested that it might be used as a reference for additional bidders. C. Inquired if the city owned the Aquatic Gardens Pond. City Attorney Alan Jensen responded that the city did not own the ' property, but was in the process of foreclosing on a lien on the property and indicated the amount may be amended to include charges for more clean up. 1 Mayor Meserve :• Emphasized the importance of moving forward with beach renourishment. ' Commissioner Waters commented that he also might attend the meeting for the Proposed Revision of St. Johns River Management District Rule 40C-2. ' Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:43 p.m. 1 ' John Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey Municipal Clerk IAGENDA ITEM 184A NOVEMBER 8,2004 I I I I IO I� f N W CO 0 1` N N N C) Of - W 1... ..r PP O P t- - N P CO n CD Y O N - CO P co N ❑ 0 O II N F F — I >!- a - ›- 03 d O O N N O)O W I- O P P - W W W N W N N • NOI O, ml� N gf N dtpn tpp co U) pN O O O P N N N W OAIam ON 017h WMl7 OP - - OIW 0 h O ' 0 P ni M CN N '. 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"%g v .E vC a0 ° t5 e V v c.5 S ` mod ' Dc ooC Ea2c ¢ E ` oe , me 0. o a > Um � Foe v 5aoo > o w o ° $ . _ 5E -6- 01 ; Aeaz 252ma2aa ..❑ I Fa a 0 f Fa a o a I = F u h 04 ov o o 0 - t ar 'a 0 k Y '( aa. 2 1x 3a v 4 r ❑ m - Irn w a N 9 3 0 a 3 � > ZE z p 4.3 N O I 01y o WU E Pr ra-r a S 0. e 0 = n dv v0 03 Io o u z40 az , O 0 n I 03 u II II II II �. II I U y o 6 e.coo a. a V sZU Pr F ti `V a 0 zT I 0 3 3 II 14 Gly 3 - c I u O` C• - ", v o v e m c v U c z ° is d t. $\ = x ti >m a u o o c ti o o o ' q h R] \ II PIP) e C II o II U �❑ `o o r 41+ o 0 " \ E o f 3 o c ,� o o a o o' a o o F a o • F V II " 0 II t II V II Y II 01 II t Z U z o 5 a U c u- �? o m to ` a W bp 0 o 0 Op ` 0 c 0, ' ° c c = e "'• a xw o � as o"" � 3 `a o" wa o oo o d o` u 3 ' — r r, I AGENDA ITEM#4A NOVEMBER 8,2004 I I 3 ucgfi 4. I m5 o ? = E3 0 d g - t 9 e a`v de `Oa `, « E se• _4,5 44 _ teE. L. .g F .2 84 ` E I 79 7t u 'fu eE a vrcm - So ¢ e _ cq 0 .2.:2E c ca I y d o m ° ," g = c a v 0 E m S c= v o E .E 79• 73 U 9 g 4 e m U m E ¢ 44 .6 2a om o ,e` _41 mC 3 u e 00 cE 919: 009` vgga � .5m ® ^4 .1 I12, r• 5 0 i3 vN a0 F. 0. d C V $ U Ce • q 0 ^ a 3 a U ' E a N 0 0 0 r ` o 00 E _ _ 4. 8 a 5 O ,� ._ c a m 9 E I F e a¢ 3e 3 " r< m 9' ee3 a ` Z n Z ^ E 'E D e m a= z W Z e = u ° v u 0 = m g EE mom = r 3 _c u I F O 9E 3V 3y 2aL ` U \ H \ NF ZSm2 N G g - F .". uet e N• .S o .E o 3 a c.g 9 E E ' 4.41 - 0 a 'o °0 0 '= m y o = v E = `o E v E #4 01 W w e a0 a -, a (154-.. t.' -. U m 0 u uC� : .. U . I rI:G Fogo W- F U aF ¢ I F cA z ¢ S 00 .7.! E (11 W U O0. W al X n II W 3 .5 3 0 2 ia I ogc4y 3 0 0• e .4• b o o m_ y o 2 g g 0 ,e q _ I CO U z a ¢ a s 04 s a ; _ S F 0 U a a 3 4a • 4 4. c C�.1 II II 3 II II II 11 IG e Z 0 c a c W a 0 R a� -1 c i cy+• 6 d o O 11 11 .0 II II d II II N II II W II .. Si II 11 < II II 4 C I .000 q U U CI U U a 0 0 It U U = U U E; I l m II L O E Q F = 4 z d a 3Z. I Wo o t ii 3u d °_ 3 Irs. 0to- ad w m \ '� � \ a \ o °: o oe :Wmgo o o d� iW o II oo Ia IIi zqoom \ o x0 \ Il a II Z 7. ` o 0 = 0 ` r .. o o wF 0 0 , .. a U II U II v df lit OE = o ,0 6154 e` Q V ,e II g C II t >,.0 II 4 191 ▪ • I .n▪ 0 C Y e 0 e C N y0 e N e , m e e 0. m e a a2 q" L) oL) hA OUZP. oL h _ auY OU 445 a" � l I .. IAGENDA ITEM#4A NOVEMBER 8,2004 I II e 2 . 3ma II Z0 v` 1. I • Ts ' sa t • Vo Ts• ;52 o• d 1e1 ' as Z W z E a I ▪ r as as o 0 F u .. Q az 4 ala E.. z O Fa aI o v z I. F wF z a o U O k44 u a 2 E a' ' O ce 0 b cUj a w a 3 3 .2 3 3 0 _ 0 a I m 7 °z 3 z 3 z • LI t a' P. a n e n m u z m a G a c O co n n u n o I a c u u Quo 1 • ret) n9 G o dl z ^ I wa = U F m a a d W= u m o n/ o II w u O 0 4 o z C $ Y ✓ 5 • a e : ii G o a � = T 4 _ p a 9 O U S q U e D _ 1 AGENDA ITEM#4B NOVEMBER 8,2004 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Award Lawn Maintenance of City Parks to Cuyler's Lawn Service in the amount of$60,528 ' SUBMITTED BY: Timmy Johnson,Recreation Director DATE: September 21, 2004 ' BACKGROUND: Bids were opened for Lawn Maintenance of City Parks Annual Contract re-bid number 0405-2. There were five bidders and the bids were as follow: • Cuyler's Lawn Service $60,528 • Trim-all Lawn Service $64,647 • A Native Sun Landscaping $67,725 • Lem's Tree Service - $70,680 • Environmental Innovations $76,658.07 Cuyler's Lawn Service is the current contractor and is ' providing a good service to the City. BUDGET: Funds for this contract is budgeted in account number 001- 6020-572-34-00 ($75,000). RECOMMENDATION: Award Lawn Maintenance of City Parks to Cuyler's Lawn tService in the amount of$60,528 ATTACHMENTS: Bid Tab ' REVIEWED BY CITY MANAGER 1 IAGENDA ITEM r NOVEMBER 8,m I I > • a. a. , w o } - I § 2x x x x x x . x \ ( \ ) o - Lu a re a — cc CC e (1 . X . . Xco . XX ; CO : - � ` = ! = j \ ( - . . � � � � � �\ / \ LU % ost 000 CL •ct Ca 0 <N z w 0Q twill X . x . x X / \ 0z z 0 _0 um xXXX XX X . . } \ ! § to . @ \ ! \ otoes / ; !\ ! 7 _ | \ ! & ! , ! ! ! ![ ! ) | ) { • , ! ! f !( ; MI ! , • ` ® :f ! I 16 _ re$ ) \ 002 ) ƒ 23 2 ) ! ;( / - iii \ \ \ ) }0 el} 2000 COC � : 0 _ ; , 6 { ) \ j ] o , E , , , , # - tAGENDA ITEM#4C NOVEMBER 8,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorize the City Manager to sign a Joint Use Agreement ' between the City of Jacksonville and the City of Atlantic Beach regarding the allocation of$35,000 for the Skate Park SUBMITTED BY: Timmy Johnson, Recreation Director ' DATE: November 1, 2004 BACKGROUND: Staff is in the process of re-bidding the construction of the ' skate park. Bid opening will be held on November 23. While in the fundraising phase of the project,City of Jacksonville Councilman Art Graham committed $35,000 toward the construction of the project. Attached is a copy of the joint use agreement between the City of Jacksonville and the City of Atlantic Beach regarding the allocation of $35,000 to the City of Atlantic Beach for the construction of the skate park. ' RECOMMENDATION: Authorize the City Manager to sign a Joint Use Agreement between the City of Jacksonville and the City of Atlantic Beach regarding the allocation of$35,000 for the Skate Park ATTACHMENTS: Copy of Joint Use Agreement ' REVIEWED BY CITY MANAGER t AGENDA ITEM#4C NOVEMBER 8,2004 ' Department of Parks, Recreation and Entertainment IPlanning, Research and Grants Division *CA- ONa October 27, 2004 ' Jin Hanson, City Manager ' City of Atlantic Beach City Hall 800 Seminole Road ' Atlantic Beach, Florida 32233 Dear Mr. Hanson: Enclosed herewith, please find a copy of the joint use agreement between the City of Jacksonville and the City of Atlantic Beach regarding the allocation of $35,000 ' to the City of Atlantic Beach for the construction of a skate park. Please execute the original copy and return to me at: Daniel Cronrath, Recreation Planner ' Department of Parks, Recreation and Entertainment 851 North Market Street Jacksonville, FL 32202 In addition, please feel free to make as many copies as are necessary for your records. 1 Thank you for your attention and cooperation. If I can be of any assistance to you in the future, please do not hesitate to contact me at 630-3543 or cronrathecoj.net. Daniel Cronrath I ' o as 851 N. Market Street, Jacksonville, Florida 32202 Phone (904) 630-3586 Fax (904) 630-3562 www.coj.net Recipient of the 2001 Governor's Sterling Award ' AGENDA ITEM#4C NOVEMBER 8,2004 JOINT USE AGREEMENT BETWEEN CITY OF JACKSONVILLE AND CITY OF ATLANTIC BEACH ' THIS JOINT USE AGREEMENT("AGREEMENT"),is made and entered into this day of , 2004, by and between the CITY OF JACKSONVILLE, a municipal corporation in the State of Florida ("Jacksonville") and the CITY OF ATLANTIC BEACH, a municipal corporation in the State of Florida ("Atlantic Beach"). ' WITNESSETH: WHEREAS, Atlantic Beach is planning to construct a skateboard facility ("facility") in Russell Park,which is property owned by Atlantic Beach and located within its municipal borders; WHEREAS, Jacksonville is prepared to reimburse Atlantic Beach for such construction expenses actually incurred up to a maximum of S35,000.00, in return for which Jacksonville will enjoy joint use of the facility; ' WHEREAS, it is in the best interests of both parties to make and enter into this joint use agreement which describes the rights and obligations of each party to the other with respect to the construction, care and maintenance of the facility; now therefore ' IN CONSIDERATION for the mutual promises contained herein and for other good and ' sufficient consideration, the parties agree that: 1. Incorporation of Recitals. The above stated recitals are true and correct and,by this ' reference, are incorporated herein and made a part hereof. 2. Effective Date. This Agreement shall become effective on the day and.year first written above and shall continue in full force and effect until terminated with or without cause by either party. 3:- Jacksonville Contribution. Jacksonville shall assist Atlantic Beach in defraying the cost of constructing and installing the facility. Jacksonville's assistance shall be in the form of reimbursement to Atlantic Beach for actual expenses incurred in the construction and installation ' of the facility,up to atotal contribution of$35,000.00. Jacksonville will not maintain or support the facility, but will solely help in defraying construction and installation costs as stated herein. 4. Maximum Indebtedness. Jacksonville's maximum debt under this Agreement, including the cost of constructing and/or installing the facility and all incidental improvements associated therewith, shall be a total amount of$35,000.00. 1 -1- AGENDA ITEM#4C NOVEMBER 8,2004 5. Jacksonville Representative. The Director of Jacksonville's Department of Parks, Recreation and Entertainment (PRE), shall be responsible for overseeing, administering and implementing this Agreement. 6. Payment on Draw or Reimbursement Basis. Jacksonville's contribution for said ' facility, pursuant to this Agreement, shall be on a draw for work done basis or on a cost for reimbursement basis,but only after 5125,000 of non-City funds have been expended. Such payment will be made within seven(7)days of Atlantic Beach's submittal to Jacksonville(pursuant to section 10 below) of documentation, including bills, invoices and other documents satisfactory to Jacksonville's General Accounting Division, to justify withdrawal or reimbursement payment to Atlantic Beach. ' 7. Indemnity. Subject to Section 768.28, Florida Statutes, Atlantic Beach shall hold ' harmless, indemnify and defend the City, its officers, employees and elected officials against any claim,action,loss,damage,injury,liability,cost and expense,of whatever kind or nature(including, but not by way of limitation attorneys fees, expert witness fees and court costs)arising out of injury t (whether mental or corporeal)to persons, including death, or damage to property, arising out of or incidental to any negligent actor omission of the Recipient in its performance under this Agreement. 8__ Facility Operations. Atlantic Beach shall, at no additional cost or expense to Jacksonville,operate and maintain the facility as a public park which shall be open and available to all residents of and visitors to Jacksonville,with no discrimination on the basis of race,creed,color, sex,religion,national origin, marital status, age, disability or residence. 9. Atlantic Beach Responsibilities. Atlantic Beach shall comply with all federal,state ' and local laws, rules, statutes,permits,regulations and ordinances, and shall be solely responsible for all maintenance and repairs to the facility at no additional cost to Jacksonville. 10. Accounting/Report Atlantic Beach shall provide Jacksonville's Department of Parks, Recreation and Entertainment and Council Auditor with a full accounting/report (report) ' pertaining to the Jacksonville Contribution described in section 3 above. Such report shall be once form approved by the Council Auditor and shall include but not be limited to copies of all invoices and checks. Such report shall be submitted thirty (30) days after the Effective Date of this ' Agreement and shall continue at thirty(30) day intervals until the funds are spent in their entirety. 11. Notices. All notices hereunder shall be by certified mail return receipt requested: As to Jacksonville : As to Atlantic Beach: ' Robert Baughman, Director Jim Hanson, City Manager Parks, Recreation & City of Atlantic Beach Entertainment Department City Hall 851 North Market Street 800 Seminole Road Jacksonville, Florida 32202 Atlantic Beach, Florida 32233 ' 2- AGENDA ITEM 84C NOVEMBER 8,2004 I 12. Termination for Convenience. Jacksonville may-terminate this Agreement without cause upon giving sixty(60) days advance written notice to Atlantic Beach. 13. Entire Agreement. This Agreement represents the entire agreement by and between the parties concerning the receipt and expenditures of the funds specified herein. No agreement, statement, representation, course of action or course of statement, representation, course of action or course of conduct by either of the parties hereto, or by their authorized representatives, shall be binding if it is not in writing and contained in this Agreement. This Agreement may be amended by written instrument signed by the parties or their lawfully authorized representatives. 14. Severability. If any section,paragraph, sentence or other part of this Agreement is declared to be unenforceable or unlawful by a court of competent jurisdiction, then, in such event, such section,paragraph, sentence or other part shall be severed from this Agreement and shall not affect other terms and conditions herein. 15. Governing Law/Venue. This Agreement shall be governed by the law of the State of Florida. Venue for litigation of this Agreement shall be in a court of competent jurisdiction in Jacksonville,Florida. IN WITNESS WHEREOF, the parties, by and through their lawfully authorized representatives have executed this Agreement on the day and year first above written. Attest: CITY OF JACKSONVILLE • Ne' .Arthur John.eyton, Mayo Corporation go • rKs Attest: a; t CITY OF ATLANTIC BEACH By: Print Name: Print Name: Title:: I I I3 AGENDA ITEM#4C NOVEMBER 8,2004 I STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this Mk day of l , 2004, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary, respectively,of the CityofJacksonville,a municipal corporation,on behalf of the corporation. Such persons are personally known to me. [ nt name] Notary Public, State of Florida at Large •M 'e,'t,;< Sharon E. Chappelle frf ¶t Commission#DD311312 : : STATE OF FLORIDA <''�x` �',;Expires July 25, 2008 COUNTY OF DUVAL ?0' Bonded Troy r'n•Insuranco,Ic eccuu.ro„ 1 The foregoing instrument was acknowledged before me this day of ,2004,by , the of the City of Atlantic Beach, a municipal corporation, on behalf of the corporation. Such person: (notary must check applicable box) ❑ is personally known to me; or ❑ produced a current driver's license as identification; or ❑ produced as identification (x) [Print or type name] NOTARY PUBLIC In compliance with the Charter of the City of Jacksonville,I do hereby certify that there is an unexpended,unencumbered,and unimpounded balance in the appropriation sufficient to cover the foregoing Agreement,and provision has been made for the payment of the monies provided therein to be paid. I Director of Finance IF Approv-d: u`I}.YIL' Assi ant General Counsel G:General Liugation\LCARLNMARKS&RECREATION\conuactstskateboard joint use.wpd I4 AGENDA ITEM#4D NOVEMBER 8,2004 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of items to be declared surplus ' SUBMITTED BY: Nelson Van Liere, Finance Director ' DATE: October 28, 2004 BACKGROUND: Over time, the City accumulates various properties that lose their ' usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on the list. These items will be sold at auction or by sealed bid, donated or scrapped, which ever is determined to be in the best interest of the City. It is the City's intent to deliver these items to the City of Jacksonville Beach to be included in their next auction scheduled for November 18`h, 2004. ' BUDGET: There is no budget impact for this action. Proceeds from the sale of these items will be returned to the funds that owned the items. RECOMMENDATION: Approve the list of items to be declared surplus. ATTACHMENTS: List of items to be declared surplus REVIEWED BY CITY MANAGER: ..- 1 1 I AGENDA ITEM#4D NOVEMBER 8,2004 I I I ' R a 2 N 1 Co tO W V to N 0 0 W Q I o m Z a I -x = w 12 Cr u a w 0 E CO i- ZN - uyry oI2D .45 IF � w F_._5rn -g a ° m JO2 " u 9ed u m Q 0Uw - a E ` O O a aNU 5 U3 D v IL- It V M 01 _S d Eu• ¢ o� YI O WW 4 K Y I F zE F K I LEtu O 2 1 c 3 3 m m I 1LL Li_ m 0 00 0CO AGENDA ITEM#4E NOVEMBER 8,2004 1 STAFF REPORT City of Atlantic Beach Commission Meeting ' AGENDA ITEM: Grant Application DATE: October 18,2004 SUBMITTED BY: David E. Thon, Chief of Police/DPS ' BACKGROUND: 1. The Atlantic Beach share of Local Law Enforcement Block Grant(LLEBG)funding for ' 2004-05 is $4,970,and there is a 10 %match($553)required for the grant. Based on these numbers,the total project amount will be $5,523. ' This announcement was mailed out on September 29,2004,and consequently, it was not included in the 2004-05 budget. ' The Police Department would like to use this funding to purchase two(2)additional mobile video units for patrol cars. At the present time,there are several patrol cars that do not have mobile video systems. This funding will cover the majority of the costs for the purchase of _ _ two(2)additional systems to be purchased and installed. The application for this funding requires the approval of the City Commission and the signature of the Mayor on certain documents. 2. The 2003-04 Local Law Enforcement Block Grant(LLEBG)fund had a residual of ' $1,985 left at the end of the fiscal year. Specifically,this grant paid for additional mobile video systems purchased in 2003-04. The video systems cost approximately$3,295 each, so there was a residual balance in the account. ' The 2003-04 LLEBG grant program allows this balance to be applied to purchases in 2004- 05. To make this funding available, staff is requesting the approval of a budget adjustment to spend the money in 2004-05. The money available in the two funds will cover the costs of the two(2)mobile video systems. BUDGET: The acceptance of this grant will require setting up a grant account in the 2004- 05 budget for a total of 5,523. $4,970 will be from the Local Law Enforcement Block Grant, ' and$553 will be from the Atlantic Beach general fund. Additionally,the $1,985 funding from the 2003-04 LLEBG grant will need to be"rolled" into 2004-05 budget so that it can be used as a funding source. ' RECOMMENDATIONS: ' To approve the application for the Local Law Enforcement Block Grant funding as discussed above; AGENDA ITEM#4E NOVEMBER 8,2004 ' To approve the creation of an account in the 2004-05 budget for 2004-05 LLEBG funding; To approve rolling the 2003-04 LLEBG finds into a 2004-05 account to provide finding; 1 To approve David E. Thompson as the Project Director to apply for the 2004-05 funding; and ' To approve the authority for the Mayor to sign the application and subsequent paperwork relative to this grant. ' ATTACHMENTS: Letter from FDLE Announcing the Grant REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: I 1 1 1 ' AGENDA ITEM 144E NOVEMBER 8,2004 FDLE ' Flonda Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement Guy M Turmoil 2331 Phillips Road Commissioner Tallahassee,Florida 32308 (850)410-8700 September 29, 2004 The Honorable John S. Meserve Mayor of Atlantic Beach 800 Seminole Road Atlantic Beach Flonda 32233 Dear Mayor Meserve : The State of Florida has received an award in the amount of$850,285 for State Fiscal Year 2004-2005 from the U. S. Department of Justice, Local Law Enforcement Block Grants Program. The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants is the State Administrative Agency for these grant funds which are distributed to units of local government based,on local) reported Part I crimee ' statistics. r f?,�' Aa . .. ®m,.- •. aMei's�: tiL�tQt_ .�Xz'p 4p4?: in accordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law ' 104-134.), - yLyy � u 'i.® ilti[i51p 'n ;a(i i i° °,%F*° e i !Y 8•a'." w'211r1C., 1. a 'I i2 ^ 41,0-31.07 0.e his aware is disbursed initially in one lump sum and contingent upon ' avadaeillty of federal funds. Allocations i _. f" r gy9tni Vii;~ e �TgS,,e'frtirk� ,r5 "` i . 'g2 ,gr` s a condition of receiving this award, the subgrantee must continue to report to the Florida Department of Law Enforcement's Uniform Crime Report. — tc,lAi spDrY ,: ' �0a? 4 "!''�C^t�`Y'ai�-cars �Cl�apcSubgrant Information Management On-Line SIMON). In addition to the on-line submission, nert—fFtiti Ettl eitm , • dare® .s l4jet .° ` 8- 0214* l 11/4 13d: a e . r°„ n? .„ - a fess r l� d ¢e . �s r t� ;OW .1m,a+ 4dtt r .,la'a.z 1 ' Committed to Service ' Integrity • Respect . Quality AGENDA ITEM#4E NOVEMBER 8,2004 September 29, 2004 ' Page 2 ' SIMON can be accessed at http://simon.fdle.state.fl.us on October 1, 2004. The following steps should be taken prior to completion of an application: ' 1 The Project Directo(is typically responsible for the administration of the subgrant activities and; therefore, should create a user account for the Chief Official, Chief Financial Officer, as well as themselves for submission of the application. Users will then receive an email containing the username and password. These are computer generated and only the person whose email address appears in the request will ' receive the username and password. User may now proceed to the next step. 2. Enter the Sutgrantee Organization'and;trriplernentmgAgeneAif different from the subgrantee) into SIMON. User will receive an email approving the Organization(s) ' and may now proceed to the next step. 3. The Pr15j6ct;rDirector,should then''modify or.request petnission'to+'fill out an'£'"t rapphcation. Email notification will be sent approving the applicants' request and granting clearance to proceed with the application itself. Due to the time involved in processing and approving user accounts and organization(s) ' requests, if`is iri(perative?Ehfit these"steps,be taken ,`sopr4 as,po"ss W3P Application completion will require an "Announcement Code" which is a security feature 4f. r*I... �� ..r. allowing access to the application �fReAn r�Suricefngntrpt���Ls,LLEBSiQ.9�0;��lease note that this Code will be activated by the Office of Criminal Justice Grants on October 1, 2004. ' Application completion will not be possible without this Code. To assist ou in completing this application a user manual is available on-line. 1= `r' i ei . r{sm_:'t"ei 1 • ' °7; t.r plicatiof4's"hcd . 60,0 epe15d'at?,ebruary go r r ` m r ' 9r3s) eYm'n an. .nor �. . me.: u I redr" 'Oi"W44,rontrie 0,0sgn sFme iusigne. ,gn4 pll ;d.(b4. ' ®Ae bt4 :1' Mustfc ' DUS40#w eme 44.11as.SAe x J4ti. ,'s ' 30$'x;-1' Committed to ' Service • Integrity • Respect • Quality AGENDA ITEM#4E NOVEMBER 8,2004 September 29, 2004 Page 3 The Office of Criminal Justice Grants looks forward othelnOchlng office is available new grant tor management system, SIMON, during this applicationcycle. any assistance needed Monday through Friday, 8:00 a.m. — 5:00 p.m. EDT. Please contact Heather Gilbreath heather oilbreath aC�fdle state.fl.us at (850) 410-8700 for SIMON issues, otherwise call Janice Parish, Planning Manager. Sincerely, • �cclt,��,�11,0, Claytor6 H. Wilder Community Program Administrator CHWIJP/mb cc: Project Director 1 1 1 1 Committed to Quality. Integrity • Respect . 4 y AGENDA ITEM#4F NOVEMBER 8,2004 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: First Vehicle Services Cost Increase ' SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: November 8, 2004 BACKGROUND: The City of Atlantic Beach's contract with First Vehicle Services requires an annual adjustment to account for changes to the cost of ' doing business. The price of the contract for the current fiscal year (12/1/04 through 11/30/05) is$202,350.00. The proposed increase, in accordance with the Consumer Price Index, would be $4,467.45, raising the proposed contract price to $206,817.45. The current contract price expires 11/30/2008. RECOMMENDATION: Approve the annual increase of$4,467.45 to the contract for one year, from 12/1/04 through 11/30/05. BUDGET: $208,420.00 is budgeted in Fleet Maintenance account number 001-5004-549-34.01. ' ATTACHMENTS: First Vehicle Services memorandum dated 10/15/04. Copy of the Consumer Price Index. ' REVIEWED BY CITY MANAGER: L 1 I AGENDA ITEM2004 NOVEMBERS, PO.Box 51421 I Jacksonville Beach,Florida 32240 Tel 904-247-6209 Ext.10 Fax 904-246-9836 I First Vehicle !i IOctober 15, 2004 Services Proposed budget for 12-01-2004 through 11-31-2005 I CPI Category I Transportation 2.6% Motor Vehicle Maintenance&Reair p ITransportation 1.0% Motor Vehicle Parts&Equipment I r,{ arm .. ma x. -0il'' „r•l,w. i ,V.6: > Aiity j{y ocx CPI i2,662.58 e 105,069.5N&� I Labor $ 102,407.00 $ 2 256.62 $ 0, 26.62 Overhead $ 9,870.00 $ 447.20 $ 17,647.20 I Administrative Fee $ 17,200.00 $ 605.02 $ 23,875.02 Management Fee $ 23,270.00 $ $ 152,747.00 $ 3,971.42 $ 156,718.42 ' Parts $ 49,603.00 $ 496.03 $ 50,099.03 Total $ 202,350.00 $ 4,467I .45 $ 206,817.45 I I I I I A iirstoroup America 0 Company I FROM (MED) 10 20 2004 23:52/ST. 23:5 AGENDA ITEM#4F NOVEMBER 8,2004 ' Table 1.Coneumer 1111041111406 Yp,An Urban Consumers 1D1111.M3%U.S.city 11~10.,by tapendlturs 011.00.,096 commodly end salvia group I11912414-103 seer mwM-MC) UnsSeesled B1eM Uneiljusltd pevY(Aare.n Seasarery e3Nae CPI-U mP2003 indene Aup.2004 Irons- ,.e.n tiers,from- My ' December 200] 24 201094 Aug. 90001 JunPAsy k June July A to Aug. 6-erdlnn cowry ' M Mme.......... .............»..,.»,.-.,.-"-...,_.....,.._ 106.000 1611 119.0 L2.1 0.1 M Mnv 11957 1...)_._......._,..-..........................,......,_ %]a 507.0 02 -0.1 0.1 - Fool srdbewepe 16384 1872 187.3 15 ,1 2 2 ,1 Food 14383 1668 1664 3.5 .0 3 .3 I .1 FrOeleme,,,..._.. . _ •256 167.1 160.] 3.9 .1 2 -2 Germ ane barmy nNueti._......._....._...._...____ 1206 207.2 207.2 1.9 a .1 .t .0 Mists pw6ry.6N ear 1031 _ _ 2.320 1113.T 1617 3.2 Decline Meed protium.. . 342 187.7 134.0 10A •1.5 1.7 ..0 •14 FMB e4 211044e0148 1221 224.6 224.0 •A :2 ..e -1 2 I Nonalcoholic bewnYaend besee0e 0618.0061 _ 301 140.5 140.3 J at 0 5 .0 OMrkmarlMnro...._.._.........._.__.._.._...._........._ 1.785 168.0 106.2 1.0 .2 .1 BFete�Iarb .106 163.0 164.4 12 J .] J 251 1714 140.7 7.6 .1A 1.6 -2 n3 4 Other keds 1.210 16003 1539 .0 .3 -,6 .3 .2 CTY mKWINWnka...-..-3333-..»................ 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IAGENDA ITEM 47A NOVEMBER 8,2004 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: B DG TNCE NO.FOR HE CITY O20-04-68 F ATLDANTIC BEACH,OPERATING I • FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30,2004. ISUBMITTED BY: Nelson Van Liere Finance Director IDATE: October 28, 2004 I BACKGROUND: At the close of each fiscal year, the city will make minor adjustments to budgetary accounts to fund small variances. The entries relating to the Water, Sewer and Storm Water Utility Funds I have been added since the first reading of the ordinance based on final cost analysis. The ordinance proposed accomplishes the following: IPolice Pension Fund- Revenue budget is increased to account for the $25,190 of Casualty Insurance Premium funds received in I excess of budget. The expenditure budget is being increased to fund the final professional services expenditures of the year related to investment management fees, actuarial and legal fees. I1996 Utility Revenue Bond Construction Fund—This budget is being increased to allow the City to charge capital expenditures I that were originally budgeted in the Water and Sewer Utility funds to the Bond Construction Fund so that we may close the fund before year-end. This was already anticipated in the preparation of I the fiscal year 05 Operating Budget. Water, Sewer and Storm Water Utility Funds—The debt service on the 1996 utility revenue bonds is being reallocated to reflect the close-out of final expenses to the bond construction fund in Fiscal Year 2004. ' Debt Service Fund—The budget is being increased by$6 for I higher than expected interest expense. Half Cent Sales Tax Fund—This budget modification transfers Ithe $5,000 previously received into this fund from a donation for AGENDA ITEM#7A NOVEMBER 8,2004 the Skateboard Park to the Convention Development Tax Fund where the project has now been budgeted. Byrne Grant Fund—The budget is being modified to allow the transfer of excess matching funds to be returned to the General fund. Local Law Enforcement Block Grant Fund—To create a budget for interest earned. Sanitation Fund—To increase the contract services budget for the pick-up and hauling of waste that is in excess of the budgeted estimate. General Fund—To create a budget for the return of the Byrne Grant matching funds not needed. BUDGET: Miscellaneous adjustments to the fiscal year 2004 Operating ' Budget RECOMMENDATION: Approve Ordinance No. 20-04-68 on final reading ATTACHMENTS: Ordinance No. 20-04-68 REVIEWED BY CITY MANAGE • 1 IAGENDA ITEM#7A NOVEMBER 8,2004 I IORDI.NANCE NO. 20-04-68 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY I OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. I WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fiord level, and WHEREAS, it is necessary for the City to make final modifications to the budget within Ia short period of time after fiscal year end to adjust for small variances arising in the final period of the year. ' NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; ' 1. The Fiscal Year 2003/2004 Final Budget be amended as follows: I Police Pension Fund Revenues: Casualty Insurance Premium Tax 185 $25,190 I Expenses: Operating Expenses Professional Services $20,000 ' Change in Fund Balance: $5,190 I1996 Utility Revenue Bond Construction Fund Expenses: I Capital Outlay: , Infrastructure Improvements $242,430 Change in Fund Balance: <$242,430> I Water Utility Fund Expenses: Debt Service I Principal 37,539 Interest 85,560 ' Change in Fund Balance: <$123,099> AGENDA ITEM#7A NOVEMBER 8,2004 1 Sewer Utility Fund Expenses: ' Debt Service Principal <4,510> Interest <10,281> Change in Fund Balance: 14,791 1 Storm Water Utility Fund Expenses: ' Debt Service Principal <33,028> Interest <75,280> Change in Fund Balance: $108,308 • Debt Service Fund Expenses: - Debt Service-Interest Expense $6 Change in Fund Balance: <$6> 1 Half-Cent Sales Tax Fund Expenses: Transfer to Convention development Tax Fund $5,000 Change in Fund Balance: <$5,000> Convention Development Tax Fund Revenues: Transfer from Half-Cent Sales Tax Fund $5,000 Change in Fund Balance: $5,000 ' Police Grant Fund-Byrne Grant Expenses: Transfer to General Fund $103 ' Change in Fund Balance: <$103> 1 1 AGENDA ITEM#7A NOVEMBER 8,2004 Police Grant Fund-Local Law Enforcement Block Grant Revenue: Interest Earned $108 1 Change in Fund Balance: $108 Sanitation Fund Expenses: Operating Expenses — Contract Hauling $30,000 Change in Fund Balance: <$30,000> General Fund Revenues: Transfer from Police Grant Fund—Byrne Grant $103 Change in Fund Balance: $103 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 25th day of October 2004. Passed by the City Commission on second and fmal reading this day of November 2004 1 John S. Meserve Mayor/ Presiding Officer Approved as to form and correctness: ATTEST: 1 Alan C. Jensen, Esquire Donna Bussey City Attorney City Clerk 1 1 I AGENDA ITEMS#7B&7C NOVEMBER 8,2004 I I I I I I I I I I I I I I I I I CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT (revised to reflect changes since September 27, 2004 public hearing) ' AGENDA ITEMS: Final reading and public hearing to consider two companion applications related to a proposed development project known as Johnston Island, and as ' described below. • Ordinance Number 31-04-03, an ordinance to change the land use designation as established on the 2005 Future Land Use Map related to a small scale development activity, in ' accordance with §163.3187(c), Florida Statutes. The amended application (File SSA-2004- 01) seeks a change in map designation of 3.6 acres from Conservation to Residential, Low ' Density, and a contiguous 0.5-acre parcel from Conservation to Commercial. • Ordinance Number 52-04-02, an ordinance to rezone approximately 7.5 acres from Conservation to Planned Unit Development. The amended application (File REZ-2004-01), ' known as the Johnston Island PUD, proposes a plan of development containing a maximum of 21 dwelling units, a private yacht club with associated private restaurant and marina lodge. Parking to serve the project, associated amenities, accessory uses, open space and submerged lands also occupy, or are proposed to occupy, the site. Building height shall not exceed 35- feet. SUBMITTED BY: Sonya Doerr, AICP AQ Community Development Director ' DATE: October 28, 2004 BACKGROUND: The Johnston Island project was first considered at public hearing by the ' Community Development Board on February 24th, then heard at public hearings before the City Commission on July 12th, July 26th and the September 27th. The applications were remanded to the Community Development Board at the September 27th meeting, and the CD Board again heard the items at their October 19th meeting. The applications have continued to be revised since originally submitted in January to address several issues and concerns. Maximum height of buildings is now limited to 35-feet, and the number of proposed residential units has been reduced to a maximum of 21, modifying the SSA application to request a change to Residential, Low Density, rather than Residential, Medium Density. PROPERTY HISTORY: The 1996 annexation of 384 acres into the COAB consisted of primarily wetland marshes with some limited upland property adjoining the Atlantic Boulevard Right-of-Way. In July of 1998, COAB Ordinance 31-98-2 designated all of the annexed area, ' including the Johnston Island property, as CON (Wetlands/Conservation) on the Future Land Use Map of the Comprehensive Plan. (The land use designation by the COJ had been WD-WR (Water Dependent — Water Related, and the COJ zoning was a mix including agricultural, commercial and industrial designations.) The property has been previously occupied by a commercial restaurant, a boat yard with various wooden dock structures, a caretaker's house, on- site waste treatment and several outbuilding structures. The zoning designation of the Johnston Island property was established by the COAB as OR (Open Rural) in July of 1998. Following elimination of the OR zoning district category in November 08,2004 regular meeting I November of 2001, all those lands within the COAB that were formerly zoned OR were re- designated as Conservation zoning in February of 2003. SUMMARY OF THE PROPOSED SMALL SCALE AMENDMENT APPLICATION: The Comprehensive Plan map amendment application requests a change in designation from Conservation to Residential, Low Density, which permits a maximum of six units per acre. The 3.6 residential area (the "Windward Pod" depicted in blue on the Conceptual Master Plan) and ' located on the general eastern side of the project will contain the residential units. Residential use cannot be located on the western side of the island due to a restriction related to the Intracoastal Waterway right-of-way line. Proposed commercial uses, including the private marina with associated services, lodge and restaurant are located in the 0.5-acre "Leeward Pod" shown in orange on the Master Plan. ' SUMMARY OF THE PROPOSED PUB REZONING APPLICATION: The site cannot be rezoned without a change to the Comprehensive Plan map designation. The proposed PUD encompasses the entirety of the 7.5-acre site, and identifies all land uses that are part of the ' project, including up to 21 dwelling units, a private marina with associated marina club facilities including restaurant and marina lodge. Building height shall not exceed 35-feet. Accessory uses, associated amenities, open space and submerged lands also occupy the site. The "Backbay ' Pod" (depicted in green on the Master Plan) provides project parking, service drives, refuse collections areas and landscaping. If rezoned, a Detailed Development Plan, as required by Section 24-133, must be approved by the City Commission prior to issuance of any permits by t the__C__ity authorizing construction in order to determine that the development plan is in compliance with the approved PUD. ' Following is a summary of the revisions to the project since submitted and the more relevant aspects of the PUD, including consistency with, or requested waivers, from the City of Atlantic Beach Land Development Regulations. HEIGHT: Proposed height has been reduced to a maximum of 35-feet, which complies with height limit for all residential zoning districts, as well as the CG, CPO, CL and ILW Districts. PROJECT DENSITY AND NUMBER OF DWELLING UNITS: The applications now propose a Low Density residential component, which will provide for a maximum of 21 dwelling ' units. RESIDENTIAL UNIT SIZE: Minimum unit size is 1000 square feet, which complies with ' Section24-82 (j), Minimum Floor Area for residential Dwelling Units. PARKING: Complies with number of spaces required per Section 24-161, but requests a parking space dimension of 9-ft x 18-ft, rather than the required 10-ft x 20-ft. The area depicted as the "Backbay Pod" will be developed as a shared parking area to serve various uses within the project and will be landscaped and designed in accordance with City requirements. SIGNAGE: Project signs will comply with the City's sign regulations. One 8-foot high, 60- square foot sign is requested to be located at the Atlantic Boulevard entrance. The sign ' regulations allow such signage for residential uses, subject to City Commission approval when a sign is requested to be placed in any right-of-way. This sign may also be subject to FDOT approval. 1 2 - November 08,2004 regular meeting I I ACCESS ROAD: The applicant has confirmed that the roadway, which provides the only ' access to this property, is a FDOT-maintained public right-of-way extending from Atlantic Boulevard to the southern boundary of the Johnston Island property. Language has been added to Section 3.8 to ensure that the public will continue to have access to and use of that roadway to reach property (fishing areas) that may be outside of the Johnston Island property. In the event that the road should for any reason no longer be a public road, public access as it now exists will still be maintained from dawn to dusk. ' UTILITIES: The PUD requires utilities to be placed underground. It will be the developer's responsibility to provide any required geotechnical testing and engineering design necessary to determine if the characteristics of the soil are suitable for directional boring of underground utilities from existing services. FDEP and the other permitting agencies will provide review to ' ensure the integrity of the lines. DEVELOPMENT SCHEDULE: The project will be developed within 10 years of approval of Construction and Engineering Plans by the City. Extensive, and typically quite lengthy, permitting procedures will be required by FDOT, FDEP, ACOE and SJRWMD. (A more defined and precise development schedule can be addressed during the Detailed Development Plan ' review and approval process.) PREVIOUS ACTION: A motion to approve the Small Scale Amendment (first reading of ' Ordinance Number 31-04-03) carried unanimously. An amended motion to approve the proposed PUD (first reading of Ordinance Number 52-04-02), as revised, carried by a 3:2 vote at the July 12, 2004 meeting. Action and further consideration were deferred at the July 26, 2004 ' meeting. The applications were again heard at the September 27th City Commission meeting, at which time, the items were deferred to the Community Development Board for further and recommendation. The Community Development Board passed a motion to recommended denial ' of the project at their October 19th meeting, finding the proposed project to be inconsistent with the Goals, Objectives and Policies of the Future Land Use Element of the 1990 Comprehensive Plan. The reduction in requested density was submitted following the Community Development tBoard meeting. t RECOMMENDATION: Any action to approve or deny the SSA and/or PUD application should incorporate specific and appropriate the findings of fact and conditions, such as those suggested within the proposed Ordinances and Staff Reports, which are made part of these applications. ATTACHMENTS: Draft minutes of the October 19, 2004 Community Development Board ' meeting, proposed Ordinance 31-04-03 (SSA) and Ordinance 52-04-02 (PUD) with revised attachments. ' BUDGET: No budget issues. REVIEWED BY CITY MANAGER: 1 i3 November 08,2004 regular meeting I Draft minutes of the October 19, 2004 Community Development Board meeting Page 2 of 9 properties. C. Woods questioned whether Mr. Fiore knew if there were any variances or approval for the structures that are like his. ivb. Fiore stated that his property does not have any storage, and this is an exceptional circumstance. B. Frohwein stated that he had noticed that there were many properties in the area with the same circumstances as Mr. Fiore. He also stated that Code Enforcement reviews issues ' such as this and that even though these structures may exist, it does not mean that a variance was granted. B. Frohwein also advised Mr. Fiore that if the Community Development Board denied this request for a variance, Mr. Fiore could not request the same variance for one year. Mr. Fiore stated that he did not know for sure whether these properties have variances, but that he wanted to have the opportunity to research whether the properties have variances or not. S. Jenkins stated that other nonconforming structures are not an issue to consider with this individual request and that he does not see any reason for deferral until next meeting. C. Burkhart made a motion to defer Mr. Fiore's variance request until the next meeting. Motion to defer seconded by C. Woods, and motion unanimously carried. ilisms♦ b. SSA-2004-01 and REZ-2004-01, Bridge Tenders, LLC. Applications were remanded to the Community Development Board at the September 27, 2004 meeting of the City ' Commission for further review and recommendation related to a proposed development project known as Johnston Island. The applications request a change in land use • designation as established on the 2005 Future Land Use Map for a small scale development ' activity, in accordance with §163.3187 (c), Florida Statutes for the re-designation of 3.6 acres parcel from Conservation to Residential, Medium Density not to exceed 10 units per acre, and also from Conservation to Commercial for a contiguous .5-acre parcel. ' - Also considered is the related and amended application seeking to rezone approximately 7.5 acres from Conservation to Planned Unit Development (PUD), which proposes a plan ' development containing a maximum of 36 dwelling units, a private yacht club with restaurant and marina lodge. Parking to serve the project, associated amenities, accessory uses, open space and submerged lands also occupy, or are proposed to occupy, the site. ' Building height shall not exceed 35-feet: B. Frohwein briefly addressed the background of this project and the applications that were first 1 considered by the Community Development Board in February. He stated that Atlantic Beach Comprehensive Plan does not permit for this development under the current designations, and that prior to changing the zoning designation from Conservation to PUD for the proposed ' residential and commercial use, there would have to be a change to the Comprehensive Plan map:B. Frohwein noted that the Community Development Board makes only a recommendation to the City Commission on these types of applications, and the City Commission makes the final decision Applicant Ron Zajack, 1601 Ocean Drive, Jacksonville Beach, addresses the Board and states that he is the managing partner of Bridge Tenders, LLC, the owner of the property. Mr. Zajack proceeded to read a statement into the record from Laura Perkins, who is also a partner in the corporation that owns the island: My name is Laura Johnston Perkins, my family purchased 1 Draft inmates of the October 19, 2004 Community Development Board meeting Page 3 of 9 Johnston Island in two pieces back in 1930 and 1940, and for over 70 years we have been owners and operators of the island. We have lived in the Bridge Tenders house, which is still located on the property. Several years ago we offered to sell the island to the City of Atlantic ' Beach, which did not occur. Last fall, my brother sold his interest of the island to Bridge Tenders, LLC who is planning on developing the island. I contributed my interest to a Limited Liability Corporation and currently have a 50% interest in Bridge Tenders, LLC. I am in ' support of the development plan by Bridge Tenders, LLC for the island Over the years, several of the islands was annexed from the City of Jacksonville to the City of Atlantic Beach. My brother and I were not notified of this annexation, nor were signs posted on the island. After the ' City annexation of the property, it was first zoned as OR and a couple of years later it was zoned as Conservation. My brother's and my rights as landowners to develop our land were severely restricted by these actions. Tonight I ask you to support the land use change before you and approve the PUD that has been revised and resubmitted to develop Johnston Island. - Applicant's representative, Chad Grimm, 13901 Sutton Drive, with Prosser Hallock, stated that the developers are requesting the small scale amendment for about 4 acres, and the rezoning to PUD for all of the property, and noted that 3.4 acres of the would be remain designated as conservation land use. Mr. Grimm further noted that while the two items are separate ' applications requiring two separate votes, he noted the Chairman's comments that the two do run together and that he will move ahead and address simultaneously. The PUD is for a mixed-use zoning. We have made significant changes since the project was submitted, and right now the ' proposal is in compliance with base zoning here in the City of Atlantic Beach with two exceptions — one of those is parking — the City's ordinance requires 10-foot wide parking spaces and we are requesting 9 feet, and a 10 feet drive aisle due to the small size of the island. We ' think this would provide for a better design allowing a little bit more land and open space. In response to the comments that we have heard over the past months, there have been changes to the project. In summary, the height of 88 feet, which was first reduced down to 69-feet and approved at first reading by the City Commission, then limited to 35-feet, has been changed to 35-feet, which complies with the current City height limits. We have also taken drawings out of the PUD documents that showed the original concept with the greater height, recognizing that these might result in confusion. These were initially just a means to provide an illustration of the quality of project we are proposing. Now that we are in compliance with the City's regulations, you can expect a similar quality in the type of development like that you currently see here in Atlantic Beach. Another item that we have changed in the PUD is that we have clarified the use of the marina and the lodge. There was early confusion about a public restaurant facility, and ' that will not take place here on this island. There will be no type of public facility generating high traffic at peak hours. It is definitely going to be a private marina and private lodge serving residences and club members only. An additional changed item is that we reduced the minimum ' size of residential units from the original 1500 square feet, and this is currently set at a minimum 1000 square fee unit, which also meets the City Code. We have also added clarification in the PUD application regarding the access through the DOT right-of-way. Through the process, there ' has been a little bit of confusion as to who actually owns the access road once you turn off of Atlantic Boulevard. The strip that is used to get to the island, across the little bridge, is currently owned by the DOT. If ownership of the access road is ever transferred, the PUD includes ' language that will allow the City of Atlantic Beach Florida first right to purchase it, which is state law anyway. If ownership ever did get transferred, the PUD contains a provision that the current access to the island that the public now has would still remain available for the public's use from dawn to dusk. Use of that space will not change from what is available to the public I Draft minutes of the October 19, 2004 Community Development Board meeting Page 4 of 9 1 today. The sign language has also been modified and simply states that we comply with the City's current regulations, which we were planning on doing all along. We had tried to add a little information on what we are proposing in terms of signs, but it seemed to confuse the issue. Whatever we do will comply with City sign regulations. We have also clarified the schedule of ' development. We originally came to you with two five year phases and now we just have one ten year phase with a recognition that we are facing a long process, as you can imagine with environmental permitting engineering for this island, but once we get through the permitting, construction will actually proceed very quickly. As Mr. Zajack has stated, Ms. Perkins and her brother were not aware of changing the land use to conservation. This is a private island, and we feel that our proposal is a proposal in keeping with the community of Atlantic Beach. ...and now in compliance with the existing regulations. We are here asking for your support this evening. C. Burkhart asked how many parking spaces will be provided. Mr. Grimm replied that the amount of parMng spaces will be in compliance with what is required for each residence, two parking spaces per residence. For any of the support services, it depends if there is a lodge. It would be based on your current ordinance for spaces for number of seats or tables. Mr. Zajack stated that the re-submission is meant to comply with all City regulations, except for those exceptions that Mr. Grimm has just noted. ...to meet all of your regulations from height to parking. C. Burkhart stated that he had attended the City Commission meeting. He noted that the City's ordinance required height of projects to be based on the calculated average grade. It appears that ' the average grade on Johnston Island is three and half feet, and the project is planning to start instead of three and half feet the project will start at seven feet, which is mandated by FEMA. Mr. Zajack replied that the FEMA grade level for the island is seven feet. What we have done is ' established that the FEMA mandate is there, and that a decision has not been made as to whether to start the project at 3 and half feet or with the seven feet, which is mandated by FEMA. ...but the height will be measured as required by the City code. 1 C. Burkhart stated that the applicant has described the population of the island to be owners and members and inquired how many members are there going to be and what defines members. Mr. ' Zajack replied that at this time it is unknown how many members there will be. When we first sat down with the staff of Atlantic Beach, it was recommended that the island be held to a private entity. The limiting factor becomes servicing and other things and that have not been determined ' at this point. Servicing meaning parking and boat docks and other things that may be approved in the future. But no determination has been made as to a number. Typically most clubs have more members than users. That is always a number that has to be adjusted. C. Burkhart asked at ' what point will that number be defined. Mr. Zajack replied that this island will be a members only club and not open to the public. Steve Jenkins made a comment that it may be easier to pursue a variance request for these items instead of asking for a PUD. 1 I Draft minutes of the October 19, 2004 Community Development Board meeting Page 5 of 9 ' S. Jacobson stated that for clarity purposes (related to S. Jenkins' comment) it might be easier to deal with the PUD without the variance consideration on the parking issue and then come back later and tweak the PUD with an application for a parking variance. S. Doerr, Community Development Director, stated that the PUD regulations prohibit modifications of a PUD by the variance. The PUD allows for certain variances to be approved as part of the PUD, but the variance procedure is not the proper method to later change the terms of the PUD. If the PUD is approved, and if their development scenario changes, the developer will be required to come back through public hearing process with an application for a modification to the PUD ordinance, not a variance request. S. Jacobson asked the developer to explain at greater lengths what the contemplated lodge will be. Mr. Zajack replied that the contemplated lodge is for use by members only, and will only be 20 suites will be available for use by members and not open to the public. The members will pay a rate for lodging. We are not fiilly defined on what our club looks like. S. Jacobson asked about ' the 20 suites. Will this be like a motel? Mr. Zajack replied this will be more like a bed and breakfast for use by the club members and their guests. ' S. Jacobson stated that the developer is proposing residential units of 1000 square feet. What would a 1000 feet unit be like? Will it be an efficiency apartment or a one bedroom unit? Mr. Zajack replied that the 1000 square feet unit will be similar to other 1000 square foot units in ' Atlantic Beach. When the project was originally proposed to the City Commission, the request was granted (upon first reading) for 69 feet in height, which would have allowed units that were 2000-2300 square feet, but now that the building height is 35 feet, there isn't as much room. Mr. Zajack stated that there will likely be a mix of sizes, some of which may be a one bedroom unit, which will be approximately 1100— 1200 square feet in size. S. Jacobson asked exactly how many parking spaces will there be. Mr. Zajack replied that in the PUD there are designated parking areas, the number of parking spaces will meet the City of Atlantic Beach requirements. B. Frohwein clarified that the developer will be complying with the City's regulations on number of parking spaces but asking for smaller parking spaces, 9 feet _ by 18 feet instead of 10 feet by 20 feet. Mr. Grimm stated in the initial layouts, the reason for asking for these waivers was because there were some existing trees in the southwest corner that they are trying to save. S. Jacobson asked the developer about the elevation. Mr. Grimm stated that the 3.5 feet is an ' assumption, the average grade that we are at right now is 4 '/2 - 5 feet. The FEMA requirement for finished floor elevation of building above 7 feet is for habitable space, but you can have parking and basically any non-habitable use within those 7 feet. ' B. Frohwein stated that these questions are about the overall height of the building and it is going to be measured from the calculated grade average. The building will be 35 feet from the average t calculated grade, which will be 100-point grid across the lot, as required by the Code. C. Burkhart stated for clarity that the developer will comply with the City's regulations on height, and that the buildings will not exceed 35-feet in height as measured by the City's regulations ' B. Frohwein opened the public hearing for comments on the proposed small scale amendment and PUD. 1 I Draft minutes of the October 19, 2004 Community Development Board meeting Page 6 of 9 Stephen Kuti, 1132 Linkside Drive, stated that he was not against the Johnston Island project and that every owner has a right to develop his or her property. However, there are rules and restrictions. In this case the deed to the property very clearly states in Exhibit B, Item 5 states: ' Easement to the United States of America in and to the 500 foot right-of-way of the Intracoastal Waterway described in Deed Book, page 257, of the current public records of Duval County. Item 6, rights if any of the public beach or recreational area any part of the land lying between ' the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private are. In my opinion, this hearing should be postponed and the applicant should ' request from the United States of America to the Corp of Engineers to determine if the right-of- way of the public beach or recreation area between the body of water and extreme high water line must be protected as public land. Without including the public land, the developer has not ' enough land to develop the island. Mr. Kuti, also submitted for the record, copies of the warranty deed. City Attorney Alan Jensen, explained the public's rights to use the property under the terms of the easement and summarized that the public will continue to have the same ' rights as currently exist. B. Frohwein asked the City Attorney, if the Board made a recommendation to the City ' Commission, and that if at any point in the future, if it were found that this property should open to the public, the recommendation of this Board would not alter that. Mr. Jensen confirmed, and stated that if any project were approved by the City, the property owners still have many other ' agencies they have to go through to get approvals, including the Corp of Engineers and various State and Federal agencies. S. Doerr stated that the applicant has previously addressed this issue. The information has been provided by the applicant to the public and is in the record file. 1 Mr. Zajack replied that the uses permitted in the easement will be determined based on the exact line between the uplands and submerged lands by the permitting agencies. As Mr. Jensen said, ' we will abide by the rules that exist. Preliminary applications for the project have been submitted to the appropriate agencies for the next phase. The property line does run out into the water and there is no private beach. There had been some use permits issued in the past to ' private entities, but this is still a private island owned now by Bridge Tenders, LLC and the property line does go out into in the water. Tom Goetz, 631 Beach Ave, had questions in regard to the project. 1. Submerged land not really clear if that is a basis for calculation of density or not . 2. Business venture will not make money by selling 35 units of 1000 square feet. It will make its money by the members. 3. Terms of members undefined. 4. Still uncertain as to the decisions that are made here by this group and by the ' Commission whether they are binding for perpetuity or for the 10 years of this project, can they come back for variances to add additional sub layer as they find a board to their ' liking, are the approvals here permanently binding James Fletcher, 340 Garden Lane, has issues about the project changing the character of Atlantic ' Beach, this will be the first condominium project proposed on our side of the Intracoastal Waterway. There are other islands up the waterway that are available for this use as well. What do we know about this island and project? He expressed concerns about parking, number of members, residential parking for commercial parking, and how much of the commercial acreage I Draft minutes of the October 19, 2004 Community Development Board meeting Page 7 of 9 will be used for parking. He had questions about the density and whether or not 1000 square feet is consistent with the City's comprehensive plan. Mr. Fletcher stated that what is included in this PUD is unclear. He also has concerns with the elevation and who owns the road. He had ' questions on impacts of development on the evacuation of the capability of bridge and underground utilities. ' David Johnson, 1831 Live Oak Lane, stated that there were problems converting from the established designation to the one that is proposed. Questioned whether the project should be done at all because of legal notification. Michael Shepland, 1985 Circle, opposed the development and opposed the conversion of conservation land and had concerns about traffic. ' Valerie Britt, Director of Land Use and Zoning for the Pablo Point Civic Association, submitted a copy of the hurricane map for the record. Ms. Britt had concerns that once the amendment is granted it would be harder to deny the PUD rezoning. She stated that a DRI would be required for any marina development. Atlantic Beach would need a boat facility siting plan to exempt any marina from DRI review. Ms. Britt stated that there is no need to convert from conservation ' land use and one was not identified in the EAR. Ms. Britt had concerns about increasing residential densities on the island because it is in the coastal high hazard area. Ms. Britt had concerns about increased traffic on the hurricane evacuation route and on the traffic that would ' have.toturn around in her neighborhood. Ms. Britt expressed minor concerns in the increase in students. She also had concerns about raising height limitations from 25 feet in a conservation area to 35 feet in this proposal. B Frohwein closed the public hearing. Mr. Zajack responded to the public comments. He stated that they have amended the project to follow the City's regulations the City's process for the PUD and will address issues of access with the DOT, utilities with the City's Utility Department, and the will need to get all required • ' permits from the environmental agencies before any development. He requests support for the land use and zoning change. S. Jacobson asked Mr. Grimm to define the CHHA. Mr. Grimm stated that he believes that all of Atlantic Beach is in the CHHA, and is determined by Storm Surge. He also stated that the residential densities were clear. They are not going to exceed the 35-foot height limitations. Parking is clearly identified on the map. Mr. Grimm also addressed the issue of elevation. The DOT owns and maintains road going to the island. The ' restaurant is a private restaurant and will not be open to the public. D. MacInnes asked a question about the owners not knowing about the change to Open Rural ' and then Conservation. B. Frohwein responded that he did not know if that pertained to the PUD. Mr. Zajack replied that he did no think the issue has ever been resolved. ' • S. Doer stated that Open Rural zoning category was eliminated about three years ago, and that all lands within the City that had been designated as Open Rural zoning were designated as Conservation zoning. I Draft minutes of the October 19, 2004 Community Development Board meeting Page 8 of 9 ' S. Jenkins requested confirmation that we are not here tonight to dispute that the land use and zoning are Conservation. S. Doerr confirmed that the applications before the Board are the issue ' to consider at this meeting. B. Frohwein stated that the land use on about one-half acre has historically been commercial. ' The property west of the easement line for the Intracoastal has a history of being utilized as a commercial use, and states that he understands that this is the only use that would now be approved by the Corps since it was previously a commercial use. Mr. Zajack replied that it would be very difficult to use that part of the island for residential. There is no guarantee that the Corps or FIND will approve residential use, and it would be ' almost impossible to get mortgages on that land. B. Frohwein stated that medium density residential allows up to 14 units per acre. S. Doerr ' replied that this specific project is restricted to a maximum of ten dwelling units per acre because that is the threshold for small scale amendments. B. Frohwein questioned whether access to the Intracoastal on the north or east side of the island could affect residential development. Mr. ' Grimm replied that yes, it would effect residential. S. Jacobson asked whether the lodge and restaurant will be accommodated within the one-half ' acre. Mr. Zajack replied that these uses must be on the one-half acre part of the site. S. Jacobson questioned whether the comprehensive plan addressed density. S. Doerr replied that the Comprehensive Plan supercedes the PUD ordinance. C. Woods stated that this project does not promote responsible and appropriate growth and does ' not meet the City's legal standards. C. Woods continued that the maximum density for medium density residential of 14 units per acre exceeds the standard of 10 units per acre for a small scale amendment. C. Woods stated that this plan allows for commercial uses within residential land ' use. This development is not appropriate to the sensitive coastal location and is not small scale development by anyone's standards. This development is not consistent with the desired direction of development within the City toward lower density. C. Woods expressed concerns about hurricane evacuation times. C. Woods made a motion to recommend to deny the project because it is not in accordance with ' the small scale amendment requirements of Chapter 163 Florida Statutes, specifically due to the Comp Plan land use change to allow commercial and to allow residential up to 14 units per acre, in addition, the land use category of residential exceeds the small scale threshold of 10 units per ' acre. In addition, the land use category residential does not allow commercial land use and this plan clearly shows that to be the case. S. Jacobson questioned whether the Board could recommend denial and include Ms. Woods' written comments by reference as part of the motion. S. Jacobson asked whether the small scale threshold of 10 units per acre was met by the commitment in the PUD and in the small scale ' amendment to limit development to 10 units per acre. The proposed motion died for lack of a second. Draft minutes of the October 19, 2004 Community Development Board meeting Page 9 of 9 C. Woods stated that the State will look at the maximum density allowed for that land use category. S. Doer indicated that on the first page of the proposed small scale ordinance the density was specifically limited to 10 units per acre. C. Woods responded that the densities for any land use proposed in a small scale amendment cannot exceed 10 units per acre regardless of the commitments made by the applicant to limit density below the maximum allowed by the 1 City. B. Frohwein questioned what was the date of the existing Comp Plan that governs this project. S. Doer replied that it this project is being reviewed under the 1990 comp plan. The updated Comprehensive Plan is currently being reviewed by the state, but is not yet effective. B. Frohwein noted that the City Attorney was no longer at the meeting to answer legal questions. S. Jenkins made a motion to deny the application for the small scale amendment for a change to the land use map, finding that the application is not consistent with the Comprehensive Plan for the City of Atlantic Beach, particularly the Future Land Use Element and with the stated goals objectives and policies of the Future Land Use Element. L. Drysdale seconded the motion. ' S. Jacobson stated that he is not in favor of the project, and that he would prefer to see 5 single- family units. He wants the City to recognize the uniqueness of the area and make an effort to acquire property and dedicate it as a public park. S. Jacobson questioned whether the City has the right to deny any development of the island without any compensation to the owners. S. Jenkins agreed with S. Jacobson's statement, but stated again, that this is not the forum to question the Conservation designations. ' B. Frohwein stated that it is his belief that the existing land use and zoning provide for a reasonable use for the property without approval of this small scale amendment, and stated that he would be in favor of a Use-by-Exception to permit one dwelling unit per acre. The motion to recommend denial to the City Commission of the small scale amendment ' applications, as stated by S. Jenkins, carried by a six-to-one vote, with S. Jacobson opposing the motion. '- B. Frohwein requested a motion for the PUD rezoning. S. Doerr advised that the proposed rezoning cannot be legally approved without finding that the rezoning is consistent with the Comprehensive Plan and the land use designation. The recommendation to the City Commission for the PUD must be consistent with the recommendation for the small scale amendment. C. Burkhart made a motion to recommend denial to the City Commission of the proposed PUD ' rezoning, consistent with the action taken on the small scale amendment finding the proposed PUD not consistent with the Comprehensive Plan. Motion seconded by L. Drysdale, and motion to recommend denial carried unanimously. 5. New Business. None. 6. Adjournment. There being no further business, the meeting adjourned at 10:52 pm. I I I ' SMALL SCALE AMENDMENT APPLICATION PACKAGE I (File SSA-2004-01) i f I I 1 I I I ORDINANCE NUMBER 31-04-03 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ' ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31- 04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR ' LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, LOW DENSITY AND COMMERCIAL RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ' ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE. ' WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment of the adopted Comprehensive Plan; and ' WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions and procedures whereby the City Commission may adopt an amendment to the Future Land Use iviap of the Comprehensive Plan related to a proposed small scale development activity; and WHEREAS, after required notice was published, public hearings and readings of the proposed ordinance were held on the 12th day of July, 2004 at 7:15 p.m. and on the 26th day of July, 2004 at 7:15 p.m. A third public hearing and reading of the ordinance was held on ' September 27, 2004, at 7:15 p.m, at which time the application was remanded to the Community Development Board for further review and recommendation. A public hearing was held by the Community Development Board on the 19th day of October, 2004, and a final reading and public hearing before the City Commission to hear and enact said Ordinance was held on the 08th day of November, 2004. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use ' designation of 3.6 acres from Conservation to Residential, Low Density, and also a contiguous 0.5-acre parcel from Conservation to Commercial, as depicted within attached Exhibit 1, being part of those lands as described within the legal description attached as Exhibit 2. SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Florida Statues, and Rule 9J-11, Florida Administrative Code. 1 oroposed Ordinance 31-04-03 Pape 1 of I SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of ' Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent with Section 163.3187(1)(c) Florida. Statutes Rule 9J-ll, Florida Administrative Code, and consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90- 48. SECTION 4. FINDINGS OF FACTS. The City Commission hereby adopts the ' following findings of fact in support of this amended application, and Ordinance Number 31-04- 03 adopting this amendment to the 2005 Future Land Use Map and directly related to a proposed small scale development activity. ' 1. The proposed amendment has been fully considered after public hearings pursuant to legal notice published as required by law and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code. 2. The proposed amendment changes only the Future Land Use Map designation for a ' site-specific small scale development activity, and the amendment meets each of the conditions as set forth within Section 163.3187 (1) (c), Florida Statutes. ' 3. This amendment to the 2005 Future Land Use Map, and the related proposed small scale development activity as enacted and described by Planned Unit Development (PUD) Ordinance Number 52-04-02, is consistent with the intended and desired future ' ---- -- - growth and development of the City of Atlantic Beach, as well as applicable provisions of the 1990 Comprehensive Plan as set forth within that application, attached to and made part of this ordinance as Exhibit 3. t4. This amendment to the 2005 Future Land Use Map to re-designate lands as described herein from Conservation to Residential, Low Density and to Commercial is consistent ' with the Land Development Regulations in that the specific land to be redeveloped pursuant to this PUD has consisted of previous uses defined by the Land Development ' Regulations as Commercial General and Light Industrial and Warehousing, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. ' 5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as described herein, from Conservation to Residential, Low Density will not result in an ' - increase in residential density within the Coastal High Hazard Area in that the City has, within the same immediate period of time, on September 13, 2004, by Ordinance 31- 04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said EAR ' Based amendments include a reduction in density for 96.64 acres within the Coastal High Hazard Area from Residential, Medium Density and Residential, High Density to Residential, Low Density. 6. This amendment to the 2005 Future Land Use Map will not result in an increase to hurricane evacuation times in that the projected traffic volumes will have a de minimis ' impact on the adopted level of service standard on the affected transportation facilities. SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and proposed Ordinance 31-04-03 Page 2 of 3 this Plan amendment, is for any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted Comprehensive Plan. ' SECTION 6. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the 2005 Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance ' Number 95-90-48, as amended, shall be thirty-one (31) days following the adoption date of this amendment. However, if any affected person files a petition with the Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to ' challenge the compliance of this Plan amendment, this Plan amendment shall not be come effective until the Florida Department of Community Affairs, or the Florida Administration Commission, respectively, issues a final order determining this Plan amendment is in compliance. ' No development orders, development permits or land uses dependent upon this Plan amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued, this Plan amendment may nevertheless be made effective by adoption of a resolution ' affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. Passed upon final reading, public hearing and adoption this 08th day of November,2004. ' John S. Meserve Mayor/Presiding Officer ' Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ' Attest: Donna Bussey City Clerk Effective Date: (To be established in accordance with preceding Section 7 of this Ordinance.) 1 1 proposed Ordinance 31-04-03 Paae 3 of 3 I 1 Johnston Island Exhibit 1 I Small Scale • Future Land Use ' Map Amendment �..---.�� eyt O � i ' •♦ ..� .t:•� t s �lyL`FliaPYike7yy s i ° 31 r i' t �` r C ♦•t '' } ♦ •` `3 .4r an n>. -. �„ �; • ♦ 3 .tt I .. ♦ n ' s ` -['s 5 r - ,a7 `fit OSAG ` III .-,:,i.:, _General ;�-- O Commercial �H.S< s aJ,:,...,. .33��,, t,,_ ♦ rt ' • ::;,t - LowDeusttyResidenttal * r „` i aL -`°'. a' H Y•I i -4 tijxz �• r '� Fl Fft1) + u• tit tii4C740.,iti!;SI L'.it;1;2 i `'t 'ttt'...."4,...,,j•,.‘....:-.. .' �y` . . . .♦ '- I Existing Flum •` •�•• 3.6 AC CON •y' I Proposed Amendment 3.6 AC LDR I 0.5 AC GC 3.4 AC CON I Not to Scale NORTH �� ® Prosser Hallocic October 27.2004 s & cNa�Hssws I I I . Exhibit 2 - Legal Description 1 TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 ' SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION 24, TOWNSHIP 2 SOUTH, RANGE 26 EAST, AND LYING SOUTH OF UNSURVEYED FRACTIONAL SECTION 18; TOWNSHIP 2 SOUTH. RANGE 29 FAST, AND LYING WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF- WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE FAST SOO FOOT ' RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBUC RECORDS OF DUVAL COUNTY, FLORIDA. • SUBJECT HOWEVER, TO THE EASEMENT OF THE UNI IEU STATES OF AMERICA IN AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC ' RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS. ' SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBUC RECORDS, AND BY INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 167, SAID PUBLIC RECORDS. ' TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 FAST, LYING EAST OF THE CENTER OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW; SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: • COMMENCING AT THE POINT WHERE THE EAS I tRN BOUNDARY OF SAID SECTION ' 24, TOWNSHIP 2, RANGE 28 FAST, INTERSECTS THE NORTHERN BOUNDARY OF SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR FSS, SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION ' 24 INTERSECTS THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW TO WHERE SAID CENTER UNE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24, THENCE FACT ALONG THE NORTHERLY ' BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING; SUBJECT TO EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS NOW LOCATED. 1 1 1 Exhibit 3 1 JOHNSTON ISLAND PUD 1 April 9, 2004 Revised October 27, 2004 1 Application for Small Scale Development Amendment Submitted on Behalf of. Bridge Tenders, LLC Ron Zajack, Managing Director P.O. Box 40925 Jacksonville, Florida 32203 1 Authorized Agent: 1 Prosser Hallock PLANNERS & ENGINEERS 13901 Sutton Park Drive South,Suite 200 Jacksonville, 1 Florida 32224-0229 P-(904)739-3655 f-(904)730-3413 www.prosserhallock.com 1 Contacts: 1 Chad A. Grimm, ASLA Anthony S. Robbins, AICP 1 1 1 Exhibits A Property Owners within Three Hundred Feet B Proof of Ownership and Owner Authorization Letter 1 C Survey and Legal Description D General Location Map E Conceptual Master Plan 1 F Consistency with Adopted Future Land Use Element 1 1 I I APPLICATION FOR SMALL SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP OF THE ADOPTED COMPREHENSIVE PLAN City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (904)247-5800 • FAX (904)247-5805 • http://www/ci.atlantic-beach.B.us Date April 9,2004 Revised October 27,2004 File No. SSA-Zoo 4 .0) Application No. Amendments to the Future Land Use Map (PLUM) related to proposed small scale development activities may be approved without regard to statutory limits regarding the frequency of consideration of amendments to the adopted Comprehensive Plan. A small scale amendment shall not involve more that ten (10) acres of land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all applicable provisions of Section 163.3187 (I) (c), Florida Statutes. Attach additional page(s) as may be needed. II. Applicant's Name Anthony S.Robbins, AICP do Prosser Hallock, Inc. 2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville,Florida 32224-0229 3. Property Location Johnston Island, north of Atlantic Boulevard 4. Property Appraiser's Real Estate Number 172391-0000 5. Current Zoning Classification Conservation 6. Current FLUM designation Conservation 7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Low Density Residential ' 8. Description of proposed use and proposed development activity. (See Item 15.e. Also include anticipated development and any phasing schedule.) A multi-use project to be known as the Johnston Island PUD 9. Size of Parcel Approx.7.5 acres 10. Number of Wetland Acres None 11. Identify any other Environmentally Sensitive Lands, any listed or endangered species or habitats. The Subject Property is surrounded by the Intracoastal Waterway. 12. FIRM Flood Zone Note: All lands within the City of Atlantic Beach are considered to be within a Coastal High Hazard Area. AE 13. Utility Providers. Identify all pubic and private service providers of water,sewer, electric, solid waste, etc., ' and provide estimate of water, sewer, and solid waste demand. The Jacksonville Electric Authority shall ' provide electric service and all other utilities shall be provided by the City of Atlantic Beach. 14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a blighted area isolated from the rest of the City. This project shall offer the City positive ad valorem revenue, an exemplary development showcasing the City, and stabilize the island to prevent further erosion and deterioration. 15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements ' Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste 16. In addition to this form, please provide all of the following information. Application package must include a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments. ' Additional information may be required,depending upon circumstances unique to individual applications. a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Real Estate number from most recently certified tax rolls. Include a legal size envelope addressed to each property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. ' b. Proof of ownership, such as deed or certificate by lawyer or abstract company or title company that • verifies owner of record. If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be ' provided. c. Current Survey and legal description of property sought to be rezoned. d. General Location Map with property subject to this application clearly identified. ' e. General Site Plan containing the following, as applicable to the proposed project: (Account for all land included.) i. Number and type of dwelling units. ii. Type and square feet of commercial or industrial uses. iii. Any existing structures and proposed use. iv. Any open space, buffers and recreational areas. ' v. Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands. vi. Most recent aerial photograph of site and surrounding lands. vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress, internal access and roadways. f. Required number of copies. (8) g. Application Fee($250.00) iApproval of an amendment to the Future Land Use Map related to a proposed small scale development activity does not constitute approval for issuance of any permit or Development Order. ' Use and development lands related to this land use amendment and any zoning change shall be subject to compliance with -all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C" construction. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Anthony S. Robbins, AICP ' Signature(s): ' ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION ' Name: Anthony S. Robbins, AICP do Prosser Hallock, Inc. Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville,Florida 32224-0229 ' Phone: (904)739-3655 Fax: (904) 730-3413 1 E-mail: trobbins@prosserhallock.com I Exhibit A Property Owners within Three Hundred Feet Parcel# 167131-0000 Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266 ' Parcel # 172389-0000 tQueen of Peace Radio,Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2516 Parcel# 172390-0000 United States of America do Exempt Chapter 15751, Jacksonville Beach 32250 1 • 111 1 1 1 1 1 1 1 Atlantic Beach Yacht Club Small Scale PLUM Amendment 01/05/04 Paget I U I 1 Exhibit B 1 Proof of Ownership and Owner Authorization Letter 1 1 1 1 1 ' Atlantic Beach Yacht Club Small Scale FLUM Amendment 01/05/04 Page 3 I S MIN. b'.EIUKNL poc12003359377 PHONE #(9 ( � Bank: 11451 Prepared By/Record and Return T¢ Pages: 1667 — 1670 Robert O. Mickler, Esquire Filed d/37Reco3 ed Rogers Towers, PA. TN FULLER 01:00:01 PN I . 1301 Rigel-place Blvd., Suite 1500 CLERK CIRCUIT COURT Jacksonville,Florida 32207 DUVAL UECORCOUG NTY TRUST FOND $ 17.00 ' DEED DOC STRMP 1 2,450.p5p0 Book 11451 Page 1667 IWARRANTY DEED I THIS DEED is made this October 21- , 2003, by and between JOHNSTON I44.AND, LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham, Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a I Florida limited liability company, whose address is 1357 West Beaver Street. Jacksonville, Florida 32209-7632 (hereinafter referred to as the"Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 ' Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does Ireby grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the I Grantor's undivided one-half interest in and to those certain lands being in Duval County, Florida, described on Exhibit"A" attached hereto and by this reference made a part hereof IReal Estate Parcel Number: 172391-0000. TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances I [hereunto belonging pr in anywise appertaining, subject to the Permitted Encumbrances more particularly described orr.Exhibit 'B" attached hereto and by this reference made a part hereof. Except as set forth in the Peapitted Encumbrances, Grantor does hereby bind itself and its I successors to warrant and forehi'defend the title to said premises unto the Grantee against all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day ' and year above written. W i messes: JOHNSTON ISLAND, LC, a F o ida limited liability coIvan . ' Name: �ytS. )JQss(>0.dm By: . " / �S 1 Name: William H. Joh, ton W.}(2x�� J.t4✓w ' \hSreft. . Its: CJ cc t,... ,t . - ' Name: Ir+11/4-1.14%M , WSSIbAV11 I Book 11451 Page 1668 ' STATE OF VI-10411A COUNTY OF -13LP/At- y� The foregoing instrument was acknowledged before me this to day of October, 2003, by William H. Johnston, the Opet4in9 t anaga( of Johnston Island, LC, a Florida limited ' liability company, on behalf of the company. H'e (check one) is O personally known to me orY1 has produced6-2-en nas identification. U./ nli\hS ' I 1�nPP� Notary Public, State and County aforesaid "e•. Name: ' :* _ (Notarial Seal) a.i\ tDO47?4 ip 1 01011111100 • 1 1 1 1 1 t 1 JAX90370L 3 1 I I ' Book 11451 Page 1669 ' Exhibit"A" ' Tract 1: That part of unsurveyed fractional Section Nineteen (19)Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of unsurveyed fractional Section Twenty-four(24), Township Two(2) South, Range Twenty-eight(28) East, and lying South of unsurveyed fractional Section Eighteen (18), Township Two(2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly(measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500)foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70,of the current public records of Duval County, Florida. Subject However, to the Easement of the United States or America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257, said public records, and shown on a map recorded in Plat Book 14 page 70, said public records. ' Subject further however, to the interest of the United States of America as set forth in instruments recorded in Deed Books 698 at pages 421, 424,427, 437, 440, 444, 448 said public records, and by instrument recorded in Deed Book 809 page 167, said public records. ' Tract 2; Section Twenty-four(24), Township 2 South, Range 28 East, lying east of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: Commencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24. running thence South to a point 200 feet, more or less, ' south of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary ' of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning: Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located 1 1 1 I Book 11451 Page 1670 ' Exhibit"B" Permitted Encumbrances Taxes and assessments for the year 2003 and subsequent years, and taxes and assessments levied and/or assessed subsequent to the date hereof 2. The nature or extent of any submerged land included within the land described in Exhibit"Al 3. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 4. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 5. Easement to the United States of America in and to the 500 foot right of way of ' the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records of Duval County, Florida. 6. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the ' publicly used area from the upland private area. 7. The interest of the United States of America as set forth in instrument recorded in Deed Book 698, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the ' current public records of Duval County, Florida. 8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page ' 417, of the current public records of Duval County, Florida. 9. General Permit to Southern Bell Telephone and Telegraph Company recorded in ' Deed Book 1354, page 74,of the current public records of Duval County, Florida. 10. Any Part of caption in the Right of Way of Atlantic Boulevard. • Rights of tenants in possession, as tenants only, under any unrecorded leases. • IAN 71)37111_2 -4- 1 I Iri1,4 55a - 2000/' OJ I , OWNER'S AUTHORIZATION FOR AGENT I . IChad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby Iauthorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described within the attached application, and as described in the attached deed or other such proof of Iownership 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: I ❑ Zoning Variance Appeal ❑ Use-by-Exception Fence or Pool Permit X Rezoning Sign Permit I El Plat or Replat X Other: Comp Plan Map Amendment I BY: �- - a!/ ' Signature o owner Ravi tiw ' AAti(vr_. Print Name I Signature of Owner IPrint Name J 9 o'q 3tff 3G to ' Telephone Number State of Florida ICounty of Duval ' Signed and sworn before me on this / / day of,2003. De(C/77 ID e( -- By /3p O I CIZa ) a CiV( _, /tant' }7 / I Identification verified: / / oa / I Oath sworn: / trfhL/ /C Yes No I Le 414k ' all 1'7°. MaryAnn Thompson Notary Signature / '" mminlon if 973235 ^--L:off CoBea adel They My Commission expires: 4. ''a t' Aamtk/bag 01.4 I I ' Exhibit C Survey and Legal Description TRACT 1'. THAT PART OF UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION 24, TOWNSHIP 2 t SOUTH, RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED FRACTIONAL SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD) OF AND ' PARALLEL TO THE EAST 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF.AMERICA IN AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257. SAID PUBLIC RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS. ' SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421 , 424, 427, ' 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 167, SAID PUBLIC RECORDS. TRACT 2: SECTION 24,TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING EAST OF THE CENTER OR THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION 24, ' TOWNSHIP 2, RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OF SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE OR LESS, SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION 24 INTERSECTS THE CENTER ' LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW TO WHERE SAID CENTER LINE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24, THENCE EAST ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING; SUBJECT TO EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS NOW LOCATED. 1 111 1 Atlantic Beach Yacht Club Small Scale PLUM Amendment 01/05/04 Page 4 I le.Pa °JOYINSTON ISLAND" IN FART Of SECTION 24, TOWNSHIP 2 SOUTH, RANGE 25 EAST AND A PART Or UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH RANGE 29 EAST, JACKSONVILLE, DUVAL COUNTY, rLORIDA tnnyvo ro.MAT man !IL LONWM10011 LIM ITU taftuV COMCG 'Ab,PIEVIAV rtLVA IL, t. _. clic a .rQ; u' " " \sa ., -NsH\ -7 „ 4)410 IP O lir ! al #da lir *II % N t0 �PttiR l0'1NS o G c 0w° iii* �E1 � ',Nutt/ I $ ASSOC. xir ate Go SOSlaillanetil OF FLORIDA, INC. 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H. r t..- •1•N 1 .1 •0*‘414 I RAF,..t.,• ,..tot •tytttt's• ,tii:2 ...-•,Y .;•. .17% , ,t,--.•00e . , ftilt;•... - te„ 17 el). -tlit ..:,•.-4 4' W 0 1 -1. z -••••-74 , cn .1 ,.. 1-', v . . . ,Iv.i.' ., ,),2?..tf:;.r I Si ..,,ttleY'r -t11 . WCHf 1 ,.4...11,3j,!2-• .',1 t 4,Fi.'4 m ‘-^Y-L•t!, 4) . 4 , -0•T!...,..#17, 0;i1I ,tt,„.e 1. . t .:it. ti . ... 'IL' ,. tt_t to , A;i ,. tti.: ei g; •,t; t : ,1.1;r: t. tt 1 • •,:a't. .1- i L HI 1C)11j.1:41.3 Fl 13, lit,.., -:4 W. .'"414Stf:VC -. ' - I A fr--...t.r.L _- ,-,,,,,,:-.tQ.'in: _i ; ., _ . ‘, - 4., I# N ,l'iv 1:' iiialt 044:111L- '4Ia r 24 , ,ius,ttt - ... -dr/\. , ,..irg . .%;.- .---4t '- Ran IM/Ser f 4, I I I I Exhibit E Conceptual Master Plan 1 1 t 1 1 1 1 1 1 1 ' Atlantic Beach Yacht Club Small Scale FLIM Amendment 01/05/00 Page 6 I ao � Qw I 74b I �` OQ of Re, a 3 =„ L0 co > c a 1-.. @ w a Ow p L 7 Ei t!yi9 "8d� inO D ° 7 a v a ro '' ` C v > v u aD. y 1111 N a '� ° y '„ rvc 6 CEUUD9 t ` , >cmI 6 6a E E a ' ; z. wUb,.a QiO FE. O tpU p - O 1 !: 8 p. w . . . z • a I I \ ` gI v 2 3 «S I lisWZ f Zr 4 it \\‘' > ea • I • \t. /•. • 91 F- �� i�Y a f L�6 IIL�'I P.. u V I TA 49 g 1--Ixxi ray 01 .xi Ed0 41 .y O III!Og pag. °o 114 u p ▪ �▪ ��-1I g7 F Xt"ft) ° 3 Qe' az „ ece — E � ?y E o a z Q 2 s v_ n'a„'O n`O C.) °'aE ' a Nam ZEv.P.- - U 6�j0 o `c ,. 'c W F ed " 93 v „"oE ° o ▪ 0 qc •kT� n5, -t -, y S v 5 y' p F .d �] U0 O a `F' F,.. . �01 . . .Qpis e' . ' I ' Exhibit F I Consistency with Adopted Future Land Use Element Goal I: The proposed redevelopment project shall embody a healthy and attractive physical ' environment that reflects the values, vision, and character of the citizens of Atlantic Beach. Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that characterize the property. The substandard dwelling structures and dilapidated restaurant shall be ' razed. The on-site septic tanks will be removed and replaced with central potable water and sanitary sewer service from the City of Atlantic Beach. Many of the large trees will be preserved and incorporated into the project's landscape plan. The property is currently inundated by very ' strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline. The property's location makes it an ideal candidate for extension of City utilities. The Applicant ' shall be responsible for extending the service lines to the existing ones within the city limits. The proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal I and fosters a high-quality land use pattern that maximizes the land in a compact development ' form that will eliminate blight, preserve natural resources, and encourage an attractive built environment. Objective 1.1: The proposed redevelopment shall greatly improve the physical characteristics of ' -Mantic Beach. The City does not contain anything like what is proposed by the Applicant. The project design includes required open space and civic uses. The elimination of septic sewage collection systems on the property will tremendously improve the environmental quality. The ' proposal includes removal of the existing substandard buildings. The companion PUD rezoning application contains artistic renderings of what the resulting physical environment may look like. ' Policy 1.1.2: Preserved open space support this policy as they shall prevent redevelopment activities from adversely affecting sensitive environmental areas. All permitting requirements from the St. Johns River Water Management District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers shall be adhered to during commencement of. redevelopment. Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate stormwater collection and management measures shall be reflected in the project's design. All standards and requirements of the City of Atlantic Beach, St. Johns River Water Management District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers shall be met or exceeded to ensure the provisions of effective.stormwater management. Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project. ' Existing wells shall be protected from adverse impacts of this new development. Reliance on a central potable water and sanitary sewer system versus septic tanks and private wells shall remove the threat of soil and groundwater contamination from leaking underground storage tanks. ' Objective 1.2 and Policy 1.2.1: A search of the Florida Master Site File did not identify any archaeological or historic resources on Johnston Island. While not documented as a historic structure, the structure located on the southwest portion of the'property shall be offered to a local historic preservation advocacy group. The City encourages such preservation. 1 Johnston Island Pun Small Scale FTI IM Amsndmon, dmmat I • ' Objective 1.3: The proposed amendment shall allow for a development that eliminates blighting influences that have a deleterious effect on the City. The proposed redevelopment project will result in a stable neighborhood where City utilities and facilities can be efficiently utilized. The ' project's mixture of uses promotes healthy living condition among a premiere recreation outlet within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD rezoning application exemplify how the project shall buffer non-conforming uses within this master-planned project. The open space, signage, internal circulation, and parking requirements are in keeping with the City's regulations regarding same. These regulations shall allow the effect of avoiding unsafe conditions that would threaten the public health, safety and welfare. ' Policy 1.3.2: The subject property of this amendment is an isolated island nearly a mile away from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent jurisdictions or regional service providers and agencies. This unique location within the city ' limits offers an opportunity not available to land on the mainland. The property is directly adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was elevated to provide a more reliable means of emergency evacuation. With the Wonderwood ' Connector opening soon, traffic utilizing Atlantic Boulevard for hurricane evacuation will be drastically reduced as Wonderwood offers an additional east-west corridor from Mayport to I- 295/S.R. 9A. ' Policy 1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and policies in the Future Land Use Element. The property was annexed into the City and inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were ' included in the same annexation. The property's existing conditions reflect a disturbed, neglected, developed island containing debris and other refuse. This isolated island is used as a harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove ' this negative element and force it to go elsewhere. Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and ' other buffering methods within the project. The result shall prevent inappropriate land uses relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic qualities found in the City. ' Policy 1.3.5: Environmental enhancement, economical development, and efficient land use patterns are permissible under the proposed PUD rezoning. The PUD was drafted in ' conformance with the Land Development Regulations' PUD provisions found in Division 6. Policy 1.3.7 and Objective 1.7: The Applicant met with City Staff to discuss the potential redevelopment project and was informed that utilities can be located and designed to provide the most cost-effective service to the project. Policy 1.3.8: This policy is not applicable as the City is the primary utility service provider and shall serve the proposed PUD. Policy 1.3.9: The proposed amendment is for a Future Land Use Map classification of Low ' Density Residential (6 dwelling units per acre) for a majority of the site and General Commercial for a small northwestern portion of the site. However, the PUD repeatedly states that the maximum residential density shall not exceed 6 dwelling units per acre. The small number of dwelling units permissible under this scenario poses no threat to the ability of Atlantic Boulevard ' Johnston Island PUD Small Scale FLllh1 Amendment 04/09/04 Rev. 10/27/04 I I ' to serve as an emergency evacuation route, especially with the Wonderwood Connector allowing Mayport and eastern Atlantic Beach residents an alternative, more proximate, route. ' Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to (0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this standard is not particularly relevant. ' Objective 1.4: The proposed amendment shall allow for improvement of the physical character of the City. It shall eliminate substandard development through conservation of natural resources and redeveloping others. The City encourages improving the appearance and character of the City through improvements to buildings and facilities. Policy 1.4.1: The subject property contains substandard structures and a blighted site condition ' that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an improved appearance and stable community without the need to more effective code enforcement to deter physical obsolescence and blight. Objective 1.5: Development resulting from this amendment shall adhere to the permitting requirements of St. Johns River Water Management District, Florida Department of Enviromnental Protection, and the U.S. Army Corps of Engineers. Objective 1.6: The companion PUD rezoning application is a vehicle for the City to-encbdilte... .. an innovative land development approach that reduces dependence on automobile travel (mix of uses -watercraft accessibility) and conserving natural resources (tree preservation, shoreline stabilization). ' Policy 1.6.1: The City's planned development regulations are being utilized as an opportunity for encouraging innovation,creativity, and imaginative design. ' Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted levels-of-service are in place, The proposed amendment is a small-scale redevelopment project that does not necessitate a significant increase in services or facilities. Objective 1.8: The intended plan of development shall exemplify a high-quality project that is compact in form, where buildings do not cover more than 35% of the site. Its clustered land use ' pattem may yield cost-effective provisions of City services. Local residents may benefit by the introduction of new employment opportunities at the non-residential elements of the PUD. Policy 1.8.1: The City annexed the subject property and is confident in its ability to provide services and facilities in a manner that maintains adopted levels-of-service standards. Policy 1.8.2: The multi-family residential units shall be clustered and the City encourages ' clustering of urban land uses in locations where infrastructure facilities are available or where extensions and enlargements can be achieved efficiently. ' Policy 1.8.3: No density bonuses are being sought after as part of this amendment. The maximum density within the PUD shall be 6 dwelling units per acre. Johnston Island PUD Small Scale FLUM Amendment 04/09/04 Rev.10/27/04 1 1 1 1 1 1 PLANNED UNIT DEVELOPMENT REZONING PACKAGE 1 (File REZ-2004-01) 1 i 1 1 1 1 1 1 1 1 1 I I ORDINANCE NUMBER: 52-04-02 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), TO ' BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. RECITALS ' WHEREAS, the City Commission for the City of Atlantic Beach,Florida hereby finds that ' change in Zoning District designation enacted by this ordinance shall provide for orderly growth; encourage the appropriate use of Land; protect and conserve the value of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, ' appearance,convenience,and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice was published, public hearings and readings of the proposed Ordinance were held on the 12th day of July,2004 at 7:15 p.m.;the 26th day of July,2004 at 7:15 p.m, and September 27, 2004, at 7:15 p.m., with a final public hearing and reading of the ' Ordinance to hear and adopt said Ordinance held on November 08, 2004 at 7:15 p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of ' Bridge Tenders, LLC Inc., the title owner of record in the application, as amended, (File Number REZ 2004-01) with supporting documents for the zoning change dated January 05, 2004, and submitted to the City of Atlantic Beach, Florida on January 07, 2004, hereinafter known as the JOHNSTON ISLAND PLANNED UNIT DEVELOPMENT (PUD) application, which is attached to and made part of this Ordinance,the zoning classification of lands as described within Exhibit 2 —Legal Description of said application is hereby changed to Planned Unit Development ' (PUD). ' SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the amended PUD Application and Exhibits,attached to this ordinance, first filed January 05, 2004, and last amended October 27, 2004, and other supporting documents, which are a part of File Number REZ-2004-01, and incorporated by reference into and made part of this Ordinance. In the case of conflict between the application,the supporting documents,and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Ordinance 52-04-02 Page 1 of 3 I I SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON ISLAND PUD have been considered in accordance with the currently effective City of Atlantic Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: ' 1. This request for rezoning has been fully considered following a public hearing and recommendation from the Community Development Board and after public hearings before ' the City Commission with legal notice duly published as required by law. 2. This rezoning ordinance shall not become effective until the effective date of the companion ' application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Low Density and from Conservation to Commercial. ' 3. This rezoning to Planned Unit Development, and the specific plan of development, is consistent with the Comprehensive Plan,adopted December 13, 1990 by Ordinance Number ' 95-90-48, as amended, and the Future Land Use Designation of Residential, Low Density and Commercial. 4. This rezoning from Conservation to Planned Unit Development is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this PUD has consisted of previous uses defined by the Land Development Regulations as Commercial General and Light Industrial and Warehousing, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 5. This Planned Unit Development does not affect adversely the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land ' Development Regulations, and within the 1990 Comprehensive Plan. 6. The proposed Planned Unit Development is consistent with the Land Development ' Regulations,specifically Division 6,establishing standards for Planned Unit Developments. This rezoning and development of this Planned Unit Development will proceed in accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and ' - -------_.meet the Standards and Criteria of Section 24-134,as well as Article IV,Division 5,of this Chapter, and ' 7. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development, and the proposed Planned Unit Development will not affect adversely the ' health and safety of residents in the area and will not be detrimental to the natural environment or to the Use or development of adjacent properties or the general neighborhood. Ordinance 52-04-02 Page 2 of 3 I SECTION 4. To the extent they do not conflict with the unique specific provisions of this PUD Ordinance, all provisions of the Land Development Regulations,as such may be amended from time to time, shall be applicable to this development; except that modification to this PUD by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance,no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk ' of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 6. This ordinance shall not become effective until one (1) day following the effective date of companion Ordinance 31-04-03,said ordinance changing the 2005 Future Land Use Map designation of lands described and as set forth within Application File Number SSA-2004-01. ' Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. In the ' event that Ordinance 31-04-03 is not enacted,this ordinance and the proposed Johnston Island PUD shall not subsequently be enacted and made effective. ' Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July,2004. • ' Passed, as amended, upon final reading and public hearing and adoption this 08th day of November, 2004. John S. Meserve ' Mayor/Presiding Officer Approved as to form and correctness: 1 Alan C. Jensen, Esquire City Attorney ' Attest: Donna Bussey City Clerk Effective Date: (To be established in accordance with preceding Section 6 of this Ordinance.) Ordinance 52-04-02 Page 3 of 3 1 1 1 JOHNSTON ISLAND PUD 1 1 April 9, 2004 (Revised September 16, 2004 and October 27, 2004) PUD Rezoning Application Submitted on Behalf of. Bridge Tenders, LLC Ron Zajack, Managing Director P.O. Box 40925 1 Jacksonville, Florida 32203 Authorized Agent: • 1 ? i Prosser Hallocl< PLANNERS & ENGINEERS 13901 Sutton Park Drive South,Suite 200 Jacksonville, 1 _ Florida 32224-0229 P-(904)739-3655 f-(904)730-3413 www.prasserhallockcom Contacts: 1 Chad A. Grimm, ASLA • Anthony S. Robbins, AICP 1 1 1 Exhibits 1 Application Form 2 Legal Description 1 3 4 Conceptual Master Plan Location Map 5 Authorization for Rezoning 1 6 Topography Map 7 Soils Map 8 Flood Zone Map 9 Proof of Ownership 1 10 Property Owners Within Three FIundred Feet 1 I I SECTION 1 IINTRODUCTION AND APPLICATION This Narrative of the Intended Plan of Development supplements the Application Rezoning to Planned Unit ' Development (PUD) under Division 6 of the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach,Florida. The Property is under unified control and is planned to be developed as a single development operation in two phases, containing a private yacht club with no more than six (6) I dwelling units per acre, allowing for a restaurant, a private marina, recreational amenities, and preserved open space. This PUD Ordinance includes a program for the provision,operation,and maintenance of such area,facilities,and improvements as will be for common use by some or all of the occupants of the Planned Unit Development district, but which will not be provided, operated, or maintained at general public Iexpense This PUD offers the City of Atlantic Beach an opportunity to promote the redevelopment of Johnston I Island, a blighted area located at the gateway to the City. This redevelopment effort will eliminate significant physical blight and structural deterioration. Without redevelopment activities, this isolated island will certainly continue to erode and continue to be an eyesore at the Citys entrance containing dilapidated structures that will eventually collapse into thelntracoastal Waterway. I The City's economic base is not expected to change as the City is largely developed. This PUD offers an economic boost to the City in both revenue generation and aesthetic enhancement at the Citys gateway. ' This PUD will foster a stable residential neighborhood that encourages healthy,living conditions. The Applicant is proposing a high quality multiuse } 4i7w, ix,,, ix development ,a development that offers a casual lifestyle surrounded by + cv. I natural beauty and be a wonderful place to call home This 3p'' 4u, project offers a positive fiscal benefit to the City's collected ' i '-' ) Fx revenues and an excellent cost-benefit impact through I provision of a user for the City's utilities. The Johnston Island --i-kwf.....,,)))35` ..-1/, ::;, @.:.‘&71, PUD will display an air of prestige and elegance to those travelling to the City from the west, an attractive feature to let -.yi ,' people know they have arrived at one of Florida's finest cities. :� I This PUD will bolster a fine, quality restaurant on the water, _ something currently not found in the City. The yacht club will ' be located over 4,000 feet from the nearest home and shall act I as an attractive screen that prevents City residents from City's current western view of an industrial park viewing the industrial park to the west. Perhaps, after a day on the waterway, members and their guests would dock at a transient slip and enjoy I delicious cuisine and fine dining service in the elegance and charm of the clubs hospitality and world-class service enjoyed in a relaxed atmosphere along the Intracoastal Waterway. I ThisPUDshall also exemplify the orderly development of Atlantic Beach as embodied in the Citys Zoning, Subdivision and Land Development Regulations and Comprehensive Plan. This proposal will meet or exceed the quality found in other upscale areas of the City. The project shall not adversely affect the health, safety and welfare of the residents or workers in the area, will not be detrimental to the natural I environment or the development of adjacent properties, and will accomplish the objectives, standards, and criteria set forth in the City's Zoning,Subdivision and Land Development Regulations. I The Property is owned by Bridge Tenders, LLC who has authorized Prosser Hallock, Inc. to act on their behalf with regards to this rezoning. Evidence of this authorization is attached as Exhibit 5. A list of property owners within three hundred(300)feet of the Property is included as Exhibit 10. The Applicant stipulates and agrees to proceed with the proposed development in accordance with this PUD Ordinance by the City Commission of Atlantic Beach,Florida. The term"Applicant"or`Developer" Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04 and 10/27/04) Page 2 1 1 shall include any subsequent owner or developer of the Property (please refer to PUD Section 5 for more details). 1 Consistent with Comprehensive'Plan Objective 1.3, the PLD contains a development pattern that prevents blighting influences. The refurbishment of Johnston Island shall eliminate non-conforming uses having a deleterious effect on surrounding areas and foster a stable neighborhood. The Subject Property is in an 1 excellent locationfor connection to City services and the yacht club encourages healthful living conditions. Consistent with Comprehensive Plan Policy 1.3.5, the Developer is seeking rezoning to Planned Unit 1 Development to achieve environment enhancement, economical land development, and efficient patterns of land use. The residential uses shall be clustered together and provisions are made for civic areas and preserved open space. Comprehensive Plan Policy 1.8.2 encourages clustering of urban land uses in locations where infrastructure facilities are available or where extensions and enlargements can be achieved 1 efficiently. The intended plan of development is consistent with Comprehensive Plan Objective 1.4's desire to achieve 1 improvement of the physical character of the City and eliminate substandard development programs directed at conservation and through redevelopment of structures. This PCD will allow the City to continue to maintain a development character, which is compact in form, 1 orderly in its land use pattern, and diversified in its makeup so as to ensure employment, a pleasant living environment, and cost-effective public services. 1 • 1 1 1 1 1 1 1 1 1 Johnston Island Planned Unit Development 04/09/04(Revised 09/I 6/041 I I ISECTION 2 PHYSICAL SITE CHARACTERISTICS ' The Property is located on the north side of Atlantic Boulevard between the Jacksonville city limits and the Intracoastal Waterway (see Exhibit 4). The site is flat with little or no topographic relief having a maximum elevation of approximately 6.5 feet msl and a minimum elevation of approximately 4 feet msl. IAccess to the site is from the old Atlantic Boulevard bridge. The Property is curtently zoned Conservation, however, the Property contains several dilapidated I residential structures and a deteriorating restaurant. This PLD rezoning will allowfor infill redevelopment of the Property to a use more in keeping with the vision, values, and character of Atlantic Beach. The majority of the existing understory vegetation is either turf, introduced plant species or invasive plant I species. There are a few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and Cabbage Palm. I The Soil Survey of Duval County, Florida identifies one type of soil in the upland portions of the sue, Arents(Map Symbol 4),which are soils with a medium potential for community development. I �Rtt a I e - z rte it a e �{ ^ ./— n.f � ..f .1".:-.4r0:: . 1t fax �l a'r . .m- ' Existing dilapidated building on the property Trash discarded along the island's western boundary I n "u '"s`., sx' .-7,:p-Sit)r z a� ( p uw..ph. a,..._v--+'tea' '#..w._.:::7 _..I .. " _- = - Aerial view northward from Atlantic Boulevard View westward from the Atlantic Beach mainland Jon sten Island Planned Unit Development 04/09/04(Revised 09/16/04) I I SECTION 3 PERMISSIBLE USES,RESTRICTIONS AND GUIDELINES 3.1 Master Plan IThe Master Plan is attached as Exhibit 3 of this text. I The residential element of this multi-use PUD will contain a maximum of six(6)dwelling units per acre in the form of condominium and/or single family units. The residential element shall include amenities such as,but not limited to,a pool and cabana,boardwalk, a private marina,pavilions/gazebos, community room, landscaping and an open space plaza between the building and the Intracoastal Waterway. IThe residences shall be accessed by an existing entry/egress point abutting the existing FDOT-maintained road providing access to Atlantic Boulevard. A separate gated entry/egress access to the residential I element may be allowed subject to FDOT permitting. All internal vehicular use areas connecting to this road will be maintained by the property owners association and shall not be the responsibility of the City of Atlantic Beach. ' The residential element may contain customary accessory uses, including but not limited to, pump houses, marina support buildings,and storage buildings. I The marina club and lodge shall encompass the remainder of the Property that is not part of the residential element. The yacht club may include a restaurant with indoor and outdoor seating, screened service facilities, boat access for restaurant patrons, marina promenade walkway, cabanas, plaza with benches, drop off area and landscaping,improved boat docking pilings,a civic space with outdoor seating,preserved I open space, parking areas, and private marina for members. There shall be no commercial use of the marina other than by patrons of the restaurant or yacht club members and their guests. I3.2 Development Standards The following development standards will maintain the character and quality that exists in the City of Atlantic Beach. IMaximum Height of Structures The maximum height shall be thirty-five(35)feet. I Minimum Yard Requirements Front Ten(10)feet SideTen(l0)feet Rear Twenty(20)feet. IMaximum Residential Density Six dwelling units per acre(6 du/ac) IMaximum Non-Residential Intensity Twelve thousand square feet per acre(12 ks&ac) ' Minimum Residential Unit Square Footage One thousand(1,000)square feet ' 3.3 Minimum Parking Requirements Standard parking space dimensions: Nine(9)feet by eighteen(18)feet • I Handicapped accessible parking space dimensions:Twelve(12) feet by eighteen(18)feet Minimum two-way driveway aisle Ten(10)feet Minimum two-way driveway width Twenty(20)feet I Off-street parking spaces required: A. Multi-family residential Two(2)spaces per dwelling unit IJohnston Island Plam®d Unit Development 04/09/04(Revised 09/16/04 and 10/27/04) Pages I A. Multi-family residential Two (2)spaces per dwelling unit B. Manna Club One(l) space for every four(4) seats C. Marina Lodge One (I)space for each rental unit ' D. Marina One(t) space per slip less (A),required residential spaces (Required parking shall include handicap spaces consistent with the Florida Accessibility Cade For Building Consiruclion) tOff-street loading spaces required: Restaurant One (I)space for the first IUKSF plus one(1)per additional 20KSF 3.4 Temporary Construction and Sales Trailers The Applicant may install a temporary constmction/sales office within the project during the period of construction and sales, but in no event to exceed five (5) years from commencement of construction. The Applicant, in its sate discretion, may allow three (3) additional temporary construction/sales offices for the sole purpose of construction of the new structures under the terms and conditions above. If no construction has occurred for a period of six (6) months, then the trailers shall be removed until such time as ' construction recommences. 3.5 Buffering Between Residential and Non-Residential Uses ' There shall be a building facade, a solid masonry wall,wood fence,or landscaping(or combination thereof) between the restaurant and the condominiums. Such buffer shall be a minimum of five (5) feet in height and shall be constructed and maintained along the entire length of the adjoining boundary line. When landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve(12)months of installation. • ' Where a fence or wall is used, such wall or fence height shall be measured from the finished grade of non- residential property, whether filled or not. Buffer walls and fences may be conswcted to a maximum height of eight(8) feet. In no case shall a wall exceed eight(8) feet in height as measured from the lowest side. ' 3.6 Utilities ' Electric service lines and telecommunication lines shall be installed underground in accordance with the policies of the utility provider. The Developer is responsible for construction and/or extension of water and sewer lines as needed to serve this PUD. Ornamental security and low level VUA lighting will he provided and maintained by a property owners association. Potable water and sanitary sewer service shall be ' provided by the City of Atlantic•Beach Public Works Department in accordance with their terms and requirements. Any utility facilities proposed for dedication to the City of Atlantic Beach must be acceptable by the City as to construction standards and deemed to be of benefit to the general public by the ' -Director of Public Works. 3.7 Roadways and Drainage ' The development shall conform to the requirements of the St. Johns River Water Management District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the development shall be submitted to the City Building and Zoning Department for approval prior to commencement of construction. Proposed interior vehicular use areas (VUAs) will comply with the City's Zoning, Subdivision and Land Development Regulations except as noted herein. Access will be provided to this PUD by utilizing the existing FDOT roadway that links the property to Atlantic Boulevard. The residences may have a private access point separate from the existing access to the marina club. Access and circulation shall adequately provide for emergency service and fire-fighting • Johnston Island Planed Unit Development 04/09/04(Revised 09/16/041 1 I equipment, furniture moving vans, fuel trucks, refuse collection, deliveries, and debris removal. Fire protection shall provide for adequate protection facilities as required by the City of Atlantic Beach in conformance with standards set forth in Chapter 24 of the National Fire Protection Code,as amended. ' If ownership of the access road is transferred from FDOT,the City of Atlantic Beach shall have first option from FDOT should they wish to lease/sell the access road. In the event the road is no longer owned by FDOT, public access shall be maintained from dawn until dusk on the roadway and nothing contained in ' this PUD shall prohibit that access. 3.1 Refuse Collection Areas Residential trash receptacles, garbage,recycling, and similar containers shall be shielded from view except during time periods associated with refuse collection. Commercial dumpsters and trash receptacles shall be screened from view by fencing or landscaping, or shall be located so that they are not visible from the street. 3.2 Landscaping ' Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be landscaped. At least twenty-five(25)percent of that shall be covered with shrubs;the remainder in shrubs, goundcover, mulch, and grass. Shrubs shall be spread on three (3)foot spacing. Not less than one(1)tree ' for every four thousand(4,000)square feet, or fraction thereof,of VUA shall be required. Each row of non-residential parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long for a ' double row of parking. Each terminal island shall contain at least one (I)tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six (6) inch high curb of concrete or other appropriate permanent material. All VUAs that are not entirely screened from view by the street by an intervening building shall contain(i) a continuos landscape area at least five (5) feet wide between the VUA and the abutting property, landscaped with shrubs,ground covers, preserved existing vegetation,mulch and grass;and(ii)no less than ' one (I)tree, located within twenty-five(25)feet of the outside edge of the VUA, for every fifty(50) linear feet thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five(75)feet apart. ' 3.3 Signage One(1) sign identifying the development name shall be allowed at the intersection of the access road and ' Atlantic Boulevard and near the existing access point into the PUD. Johnston Island shall adhere to all City of Atlantic Beach signage regulations. 3.4 Environmental and Cultural Resources ' According to a search of the Florida Division of Historical Resources Master Site File on December 5, 2003, there are no known archaeological or historic resources located within this PUD. A minimum ' twenty-five (25) foot wide undisturbed buffer shall be maintained between development and delineated jurisdictional wetlands. In cases where the aforementioned buffer is demonstrated to the Community Development Director's satisfaction to be unreasonable or impractical, an averaged twenty-five (25) foot undisturbed buffer may be provided. All buffers and environmental protection measures required by the ' U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and St. Johns River Water Management District shall be adhered to. Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) Page 7 I I SECTION 4 SCHEDULE OF DEVELOPMENT I. The Johnston Island Planned Unit Development shall be developed within ten (10) years of City of Atlantic Beach approval of construction/engineering plans. There is an extensive permitting process among numerous of regulatory agencies that must be accomplished prior to ' construction/engineering plan approval by the City. Once the permitting and plan approval is obtained, the Developer shall commence with construction of the POD's residential element first as expeditiously as possible. SECTION 5 ' OWNERSHIP AND MAINTENANCE The common facilities situated within the development shall be conveyed to and maintained by a property farmed property owners association, its successors and assigns. The.permanent utilities will be dedicated to the appropriate utility company. The entry structures (signs, landscaping, etc.) shall be placed within a private easement/public right-of-way and shall be owned, managed, and maintained by the property owners association, its successors and assigns. ' All dwelling units within this PUD shall be sold subject to uniform covenants and restrictions which shall, in addition to other matters, implement the terms of this PUD. The covenants and restrictions will be enforced by the property owners association. Each unit owner will pay a capital contribution fee and will ' pay annual dues to the property owners association. • All open space and amenities within the residential element shall be owned by a property owners ' association. This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any property within the development. These covenants and restrictions shall,among other things,make all buyers aware ' of this PUD zoning, the designation of the reserve area as permanent open space, as well as the other restrictions imposed by this PUD zoning. The covenants and restrictions shall also state where to obtain information concerning the requirements for changing the PUD status of the Property. ' The owners of the Property agree to proceed with the proposed development in accordance with this PUD Ordinance and such conditions and safeguards as may be set by the City Commission in the enacting Ordinance. The owners shall provide a written statement of a proposal for completion of the development according to plans approved by the Ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the City pursuant to written agreement. Furthermore, the owners shall bind all successors and assigns in title to any commitments included in the enacting Ordinance, which shall include by reference the application for rezoning. This must be clearly reflected in the Covenants and Restrictions of this PUD, which shall be recorded with the Clerk of Courts of Duval County. 1 Johnston Island Planned Unit Development 04/09/04(Revised 09/16/04) I I IF a s cl a > Z y ,_° Z co 1 0 0 Via : I I I 1 ' Johnston Island PUD I I Exhibit 1 Application Forni 1 1 I 1 I - APPLICATION FOR REZONING TO PLANNED UNIT DEVELOPMENT City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 • Phone: (904) 247-5800 • FAX (904)247-5805 - http://www/ci.atlantic-beach.tLus Date April 9,2004 File No. 74/7➢2084/70 I Application No. l2evis ice 04-gra t4 and /0- z7-vaf I. Applicant's Name Anthony S. Robbins, A1CP Go Prosser Hallock, Inc. 2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229 3. Property Location Johnston Island,north of Atlantic Boulevard 4. Property Appraiser's Real Estate Number 172391-0000 ' 5. Current Zoning Classification Conservation 6. Comprehensive Plan Future Land-Use Designation Conservation 7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD 8. Size of Parcel Approx.7.5 acres - 9. Utility Provider City of Atlantic Beach 1 10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article HI, Division 6 of the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be provided in an order and format consistent With this Section. Please provide a cover page and a table of contents identifying each attachment to the application. The requested material are attached to this application. 11. The following items must be submitted with the application: a. Listof adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each ' property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. b. Proof of ownership(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the ' owner for all purposes related to this application must be provided. c. Required number of copies: five(5) Please submit ten (10) copies of any plans or attachments that are larger than 11 x 17 inches in size,or any other items that cannot be easily reproduced. d. Application Fee.($500.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: • Printed or typed name(s): Anthony S. Robbins, AICP ' Signature(s): w ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Anthony S. Robbins,AICP c/o Prosser Hallock,Inc. Mailing Address: 13901 Sutton Park Drive S,Suite 200 Jacksonville,Florida 32224-0229 Phone: (904) 739-3655 FAX: (904)730-3413 E-mail: trobbins@prosserhallock.com I I . I 1 Johnston Island PUD Exhibit 2 Legal Description 1 I 1 I I I ' Johnston Island PUD Exhibit 2 Legal Description TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL. SECTION 19, TOWNSHIP 2 ' SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION 24, TOWNSHIP 2 SOUTH,RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED ' FRACTIONAL SECTION 18. TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF- WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT ' RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. ' SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS. SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF ' AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 167, SAID PUBUC RECORDS. TRACT 2: SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, LYING FAST OF THE CENTER OF THE INTRACOASTAL. CANAL AS THE WATERS IN THE SAME NOW FLOW: SAID PARCEL OF LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION ' 24, TOWNSHIP 2, RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OF SAID SECTION 24, RUNNING THENCE SOUTH TO A POINT 200 FEET, MORE ORI FSS, SOUTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION ' 24 INTERSECTS THE CENTER LINE OF THE INTRACOASTAL CANAL AS THE WATER IN THE SAME NOW FLOW TO WHERE SAID CENTER UNE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24, THENCE EAST ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 24 TO THE POINT OF BEGINNING; SUBJECT TO EASEMENT FOR THE CANAL AND THE RIGHT-OF-WAY OF ATLANTIC BOULEVARD AS NOW LOCATED. 1 I 1 • Johnston Island PUD 1 Exhibit 3 Conceptual Master Plan 1 1 I I ` - a � 0 W " aJ ° ° o �a F is pp . A y o. I4. 2 Q a,r >- 512 O3 _ _ . 2 v "rd n 02 5 y h 1 -, av s^ Aav Fu c ? 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' ,-r#:1 '1 ,,, .may �T ..,, t. 7:, '°„t s 1 ` rz✓; i a , �Y w + �Oflp ax d- roe .� i n'r.....,iT V 4 �'. mel lent s }" nr^ r Y h 7'r� ' ." �' x '� y ,.;.$2,74.e.04,..4'-ia'� :r,c7?..i , ..°5 ;n„ t ': �•L .� 1< v'W x"'R',..;. 1iS•t 71.E . -�:3 . , a I 1 1 1 Johnston Island PUD Exhibit 5 Authorization for Rezoning 1 1 1 I I 1 _ OWNER'S AUTHORIZATION FOR AGENT I ' Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby authorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described I within the attached application, and as described in the attached deed or other such proof of ' ownership as way be required, in applying to the City of Atlantic Beach, Florida, for an application relatedto a Development Permit or other action pursuant to a: I Zoning Variance Appeal Use-by-Exception Fence or Pool Permit X Rezoning Sign Permit ' ❑ Plat or Replat X Other: Comp Plan Map Amendment I400" BY: Signature of"�wner !� ' , z ot-cs-cfc PI J tsvi end)Print Name f\ I . Signature of Owg/er IPrint Name • 9°Y 3I e 3u 7-0 . ITelephone Number State of Florida ' County of Duval / Signed and sworn before me on this / / day of, 2003. l)e(Cn-i I� P4--- ' By ?00H 2� a oXJ , / ' Identification verified: / /C" r17)rh a /e// /6/7S2,0 y7 - Oath sworn: / Yes No / "Ylinid-04=A---aa r v9;,'•., Mary Ann Thompson Notary Signature ' (1 °cocnmbaon#t,C9732i5 , 27:0c 1°' oar_ 0.100/ My Commission expires: r�`! .L •' HwdIq ail LL� nes Mitotic I 1 I 1 Johnston Island U P D Exhibit 6 I Topography Map 1 1 1 1 1 I lN° 7 MN 'NMNY M rtWfl M 4M'X 'JOhNSTON ISLAND' IN PART OF SECTION 24, TOWNSHIP 2 SOUTH, P.ANGE 25 EAST AND A PART or UNSURVEYED FRACTIONAL SECTION 19, TOWNSHIP 2 SOUTH ,RANGE 29 EAST, IJACKSONVILLE, DUVAL COUNTY, FLORIDA (fmwo R fli mix,.i L aVIICAfH/HIV) Ill E hkftMC XMNY Ci,.011SICN CSAVI rC I 1 I /1111.177 ' \ .. ' " " 1 � .. e��^ i/"'� , r- 0C• !sem- I . �a j vJPSeRv`1 fr j O E0`i INO WG �6 P if 111I4,' t�N�OOOJ� �� PRIVCI I it ASSOC. Off FLORIDA, INC. GRAPHIC SCALE P , ;--b i -- Tsaagtern I 1 I 1 ' Johnston Island PUD r Fxhibit 7 Soils Map 1 1 1 I I4 oL,7A_ COU1iTf FLOP r pis, o�. « Mel P-29E 1 M ? r is / w ry v I 11 r } w, �r f ]a - � w ' ' (1`C . 'h ?.-t �J - +7u rt _ � 1/ � -cc,' Ifs r /r�� y�✓ I , eJn �ppj,,7 r f 1 WN 9 ` 1Ir � ff'/ rm '` v v r'+ i I �� i,_ i. ,II wt � a Pl r • 1 / , .��' ,�sP+ ,.1-*f� 19� r4��� s. '. p 111 Af� � M1 rC by Wil' i !' u a • aJ 1 C i'.4e, x`.': W11:71„;:_ a e. A ' i � .c+ r Q� y •• •a.�' ] ��.•'S. fan AJI + 1)t/ `‘•9-2:•7,-0 2'22 .` • '117 e v t ' „4- ri 1��+ ;:•: 4+�+ Xmv }'� yie�3 �''.. � ,rr-ai ;y, :.:. .� d h �h4 41,10 1-1/„" i>r �J iS a � . 1 4. , �F{i •• 4.4. P �sr .6 t/ � ir,'�i x� rt_;% �r d"q� AG ; or tM, � q 1� - f ) r N��:. y, a :At-imL' �' 4... .$.�r 'YvM! j ,, , way# >0. �w� .'. y f' 1�i7LL.. w \ r.,)r -. ° • M'r».t+:l Hake �laPi ,'"a .r�" i•,,:it befit w�\ 9. r • •i; IL f3 � � �y� a¢ I�F UUa11CC4PPi r .1Y$ # t� 3` t 1 - i 1 . 1 1 Johnston Island PUD U i 1 Exhibit 8 1 Flood Zone Map 1 1 1 1 1 I Q* , 1 �J ( \ ' I A ___n jul , Nc,\\x " SAE I ') E'' tW-s . F Gree" �� € J ear �I ar glreilr .A WI Vie eik Akm "Se. " lj-44w�rta-�ra4� R ..AI. 4M 411111r 1L411/4/12fre....110,1111111111 LI kti w ,-..S' r ti fi r tp F Ert ., tst �\ ; „ Atlantic ,Blvd. 10101141 ' t *:-.:Xxr-:':.!=‘Jir: ' "' ' -,C4 `-x tip vt Ire V rx Tits M. 1::„.„-,.;-, A X „ ... .. ,„ 14, ,1 4 41 ON Legend AEMt/ -' 1 E V ZONE ”- ��\ 5 Yc' * - I AE `AO i F Half 1 1 'i} Johnston Island. I- r£ UNDES PUD \\ p11.0 Exhibit 2 VE d Map . I Ix X I i ks.. },tF;t�'- .1i - ur f. •��'.r�v�v ?'»act v ` ..r3;e�na+. .. . F 4 .,L;h.�.t�wS`x. , . . . `��i 111U Cl o OW` . . • CC z m ZE V N C c I a W linen o `� S t �nn = O Q O W ,Liii �� 1� t N H= .1;ca o IIIIIIII� f.7 o g cc o =tn O w W G V ' o 4r O w �t3YR! r ass 14_ 1 - • . . 'F-ham: f k .01 ' ) • yy _ t }. IYY Y .t itcsJ [ ; a • .q x 4 V � + l •rl 4 ' t Yh ` i. 4.1X' t rqT. �� i •V ' i .r Vta yW �� s f� a? e ol1 ai f 1 tr r' / Nb rs k4, iiyv :w'1 t M -'i. Y r i 1 t � Y ��L• iC r �yf4 x (y..�t • }' � Fif sig` r h UP' . 1 n;pq v � _, rt4 ‘ as I7777-.7:7t. ii, ` ` �y �r' S`1• r . . M1 C .e <, 1` ...A „.A. m . .,yt F¢+rn .�,r.. r t,}" .F + . w .x.. r a:.t..er. } y , It i,�Jk ra t r roe. L i 4 'n r�7 I I 4Ul�t kkf Irr11fi ! Vlvr d r , 1 . I , , , Johnston Island PUD i Exhibit 9 Proof of Ownership , , i 1 I I I ' M 'i(, .r Nell 200335937E Book: 11451 . T• ' C 1 Divest 1664 — 1666 1, cited I Recorded P:epnred Gy/Record and Remm To. 10/11/2003 0000:01 PM Robert O. Mlekler. Esquire JIM PULLER Rugers Towers, P.A. CCMALLERK �CIFRCUIT COOT 1301 Puvcrylcee [Sled., SLOW [500 RECORCIIB 1 13.00 lac ksunvilie, Flonda 12209 RUST FIND I LK DEED DOC STAMP I 3,150.00 1 Book 11451 Page 1664 WARRANTY DEED I THIS DEED is made this October 23. 2003, by and between LAURA LEE JOHNSTON PERKINS, an unmarried woman conveying non-homestead real estate, whose address is I I I West Force Street, Valdosta, Georgia 31602 (hereinafter referred to as the "Grantor"). and BRIDGE TENDERS, LLC, a Florida limited liability company, whose address I is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/I 00 Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does hereby I grant, bargain, sell,and convey unto the Grantee and its successors and assigns forever all of the Grantor's undivided one-half interest in and to those certain lands lying and being in Duval County, Florida, which are described on Exhibit "A" attached hereto and by this reference are Imade a part hereof(the"Land"). Real Estate Parcel Number: 172391-0000. ' TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances thereunto belonging or in anywise appertaining, subject to the following permitted encumbrances (the "Permitted Encumbrances"): - II. Taxes and assessments for the year 2002 and taxes and assessments levied and/or assessed subsequent to the date hereof; - p, I2. Easements, covenants, conditions,restrictions, and reservations of record, if any; I7, That certain Mortgage to Secure Present and Future Advances in favor of Thomas Dumas, dated October 29, 2002 and recorded in Official Records Book 10752, page 2371 .hf the current public records of Duval County, Florida; and d. That certain Notice and Acknowledgement of Retained Interest in favor of Pelican Creek Boatyard, Inc., a Florida corporation, and Allen C.D. Scott, Ill, dated August 14, 1996 and recorded in Official Records Book 8428, page 1135 of the current public records of IDuval County, Florida. 1 Book 11451 Page 1665 • 1 Except as set forth in the Pemriued Encumbrances. Grantor does hereby bind herself and her successors to warrant and forever defend the title to the Land unto the Grantee against el; persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year above written. Witnesses. •1 Name' °at F (61,-/rl' / ,Cf.1a 2[. '"ditf\-- IJAURA IJEE JOHNSTON PERKINS Name: ,wsrrd S. Sc or STATE OF GEORGIA COUNTY OF (--UAOI)P 1 The foregoing instrument was acknowledged before me thigiA day of October, 2003, by Laura Lee Johnston Perkins. She (check one) is crsonally known to me or 0 has produced as identification. 1 Notary Ptih/Iice, State aqd�rcounry aforesaid Name: eyj YVeaVc 1 (Notarial Seal) 1 0 1 WE4pi . R . F MYCOMM O i EXPIRES Q `' FEtl.i1.EW) OF .ii a OQ OOUNik 1 1 1 1 \X 7IiJ9a9 , I i ' Book 11451 Page 1666 Exhibit "A" Legal Description Tract I : Thal part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East. lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24), ' Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five-hundred (500) foot right of way of the InlTaco astal Waterway as shown on a map recorded in Plat Book 14. Page 70, of the current public records of Duval County, Florida. I Tract 2: All of the unsurveyed fractional Section Twenty-four (24), Township 2 South, Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: 1 • Commencing as a Pointof Beginning at the point where the Eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence.Northerly along the center line of said Intracoastal Canal as the waters of ' the same now flow to where said center line intersects the Northerly boundaryof said Section 24,' thence East along the Northerly boundary of said-Section 24 to the Point of Beginning. 1 • • • • 1 1 1 I JAS'\.71p1/14,1 I I . 5 MIN. kEICkN J C 0 L� Doc165:11:2C1i1:11:?;:13;i::3;15401:-9r: 77 ) Boo Prepared By/Record and Return To: PHONE #.9 -n—) Dg1670Robert 0. �M ckler, EsquireFt 19Rogers Tower, P.A. JI 101 pNI1301 Riveplace Blvd„ Suiie 1500CLERJacksonvdie. F!oFida 32207 • ppypt C it RECORDING TRUST FUND t 17.00 I DEED 0OC STAMP t 2.50 t 2,150.00 Book 11451 Page 1667 IWARRANTY DEED ' THIS DEED is made this October 24- „2003, by and between JOHNSTON IkAND, LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham, Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a ' Florida limited liability company, whose address is 1357 West Beaver Street. Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 I Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hyereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does fiireby grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the I Grantor's undivided one-half interest in and to those certain lands being in Duval County, Florida, described on.Exhibit "A" attached hereto and by this reference made a part hereof. iReal Estate Parcel Number: 172391-0000. TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances thereunto belonging pr in anywise appertaining, subject td the Permitted Encumbrances more Iparticularly described on•gxhibit "B" attached hereto and by this reference made a part hereof. . Except as set forth in the-Pegyrtted,Encumbrances, Grantor does hereby bind itself and its successors to warrant and fore3Lrdefend the title to said premises unto the Grantee against all Ipersons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day Iand year above written. Witnesses: • I JOHNSTON ISLAND, LC, a F o ida limited �� liability co pin Name: yS• 1./ussLaVd7 By/ /��jj/�% J Name: William 14. Jolf• ton kNJ[..V..twwu hs G,._, Its: D•a.c at,-. _ r Name: tem 1t,6t AM KIVSSOAutA I I . i Book 11451 Page 1668 STATE OF VLbROPO( COUNTY OF 131YP,t.- 431 The foregoing Instrument was acknowledged before me this Z1 day of October, 2003, by William H. Johnston, the Opet+4tni (Ayr ( of Johnston Island, LC, a Florida limited liability company, on behalf of the company e (check one) is ❑ personally known to me orX has produced o4cb-O s., u>,I.d,/>,'S LI rr„JS.E, as identification. ,,,I LJ K-U C✓1ry1 ' t '�5 - Notary Public, State and County aforesaid 3 a;Y stpal ssl,uaJ;qfi��' Name: ; ' (Notarial Seal) • z.'. iOMPrr1 :05 .. • • • • 1 1 1 1 1 1 1 JAXg03701_2 2 I I • 1 .. 1 Book 11451 Page 1669 1 Exhibit"A" Tract 'I: That part of unsurveyed fractional Section Nineteen (19)Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of unsurveyed fractional Section Twenty-four(24), Township Two(2) South, Range Twenty-eight(28) East, and lying South of unsurveyed fractional Section Eighteen (18), Township Two(2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500) loo!right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70, of the current public records of Duval County, Florida. Subject However, to the Easement of the United Stales of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257. said public records, and ))) shown on a map recorded in Plat Book 14 page 70, said public records. Subject further however, to the interest of the United States of America as set forth in instruments recorded in Deed Books 698 at pages 421, 424, 427, 437, 440, 444, 448 said public records. and by instrument recorded in Deed Book 809 page 167, said public records. Tract 2 Section Twenty-four(24), Township 2 South, Range 28 East, lying east of the center of the Intracoastal Canal as the waters in the same now'flow; said parcel of land being also described by metes and bounds as follows: tCommencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, ' south of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning; Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located. • 1 1 I 1 • Book 11451 Page 1670 Exhibit"B" Permitted Encumbrances Taxes and assessments for the year 2003 and subsequent years, and taxes and assessments levied and/or assessed subsequent to the date hereof. 2 The nature or extent of any submersed land included within the land described in Exhibit "A". Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 4 Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 5 Easement to the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records of Duval County, Florida. ' 6. Rights, if any, of the public to use as a public beach or recreation area any pan of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary line separating the publicly used area from the upland private area. 7. The interest of the United States of America as set forth in instrument recorded in Deed Book 698, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the ' current public records of Duval County, Florida. 8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page ' 417, of the current public records of Duval County, Florida. 5. General Permit to Southern Bell Telephone and Telegraph Company recorded in Deed Book 1354, page 74, of the current public records of Duval County, Florida. to. Any Part of caption in the Right of Way of Atlantic Boulevard. ' It. Rights of tenants in possession, as tenants only, under any unrecorded.leases. 1 1 ' M8\703701_2 4 1 1 . 1t 1 1 1 Johnston Island PUD i 1 1 Exhibit 10 1 Property Owners Within 300 Feet 1 1 1 1 i I t Johnston Island PUD ' Exhibit 10 Property Owners Within 300 Feet i Parcel 4 167131-0000 ' Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266 Parcel 4 172389-0000 Queen of Peace Radio, Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2516 - Parcel 4 172390-0000 United States of America do Exempt Chapter 15751, Jacksonville Beach 32250 i • 1 1 1 1 1 1 I I I I I I I I I I I I I I I I 1 I I I AGENDA ITEM#7D NOVEMBER 8,2004 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING I STAFF REPORT AGENDA ITEM: AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, I FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A I PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE ' REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S I OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, I AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING I THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; I AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY I TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE. IDATE: November 02, 2004 SUBMITTED BY: Nelson Van Liere,Finance Director IBACKGROUND: On October 25,the City Commission approved the underwriter and bond counsel for the refunding of the Utility Revenue Bonds, Series 1996. I Dunlap&Associates,our Financial Advisor, assisted us in the selection of the firms for these services. The bond counsel selected was Livermore, Freeman&McWillliams, P.A and the Underwriter selected was A.G. I Edwards at$3.87 per 1,000 of bonds. The next step in process is to authorize the issuance of the bonds by approving an ordinance. Bond counsel to summarize the main elements of the ordinance as it relates to I the existing 1996 ordinance has provided the attached outline. The ordinance proposed would in effect refund the existing bonds with new bonds that will have substantively the same terms. As the process of I issuing the bonds moves forward, there will be minor changes before the final reading because some of the information has yet to be determined. I RECOMMENDATION: Adopt Ordinance 15-04-10 ATTACHMENTS: 1.) Outline of Bond Ordinance, 2.)Ordinance 15-04-10 IREVIEWED BY CITY MANAGER: C.,--.,,X1 11/03/2004 09:10 909-398-0500 IFM.PA AGENDA ITEM 970 NOVEMBER 8,2004 ' CITY OF ATLANTIC BEACH, FLORIDA 11/2/04 Utilities System Revenue Refunding Bonds, Series 2004 OUTLINE OF BOND ORDINANCE • authorizes 2004 Bonds to refund a portion, but not all, of the outstanding 1996 Bonds ' • all outstanding 1996 Bonds that can be refunded under Internal Revenue Code of 1986, as amended, will be refunded ' • 2004 Bonds will be issued on a parity basis with the unrefunded 1996 Bonds ' • security for 2004 Bonds is identical to security for 1996 Bonds • same flow of funds for 2004 Bonds as 1996 Bonds ' • same rate covenant and additional bonds test for 2004 Bonds as 1996 Bonds • sale of 2004 Bonds delegated to City Manager upon compliance with parameters as follows: (1) aggregate principal amount of 2004 Bonds shall not exceed $20,000,000 and shall not exceed the amount needed to refund the refunded 1996 Bonds and to pay costs of issuance ' (2) the net present value savings to the City shall not be less than 3.00% (3) the all-in true interest cost to the City for the 2009 Bonds shall not exceed 6.00% ' (4) the underwriters' gross spread shall be approved by the City Manager with the advice and assistance of the City's Financial Advisor and .shall not exceed $5.00 per$1,000 of 2004 Bonds sold (5) the final maturity of the 2004 Bonds shall not be later than October 1, 2025 ' (6) the Credit Facility Issuer (Bond Insurer) shall be designated by the City Manager with the advice and assistance of the City's Financial ' Advisor after bids have been accepted from Credit Facility Issuers (Bond Insurers) ' • designates Wells Fargo Bank, N.A. as Bond Registrar and Paying Agent • authorizes City officials, staff, Financial Advisor and Bond Counsel to do all things necessary to issue the 2004 Bonds in order to accomplish the ' refunding 4182-Outline-Bond-Ord I 1 1 ORDINANCE NO. 15-04-10 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, t SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON ' MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS ' FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED ' REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING t THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; ' AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE ' PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ARTICLE I ' STATUTORY AUTHORITY; DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, the Bond Ordinance (as herein defined), and other applicable provisions of law (the "Act"), and is supplemental to the Bond Ordinance. SECTION 1.02. DEFINITIONS. Capitalized terms used in this Ordinance, shall have the following meanings, unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice ' versa, and words of one gender shall be deemed to include the other genders. In this Ordinance: 4182-O-Or.linance 1 I I "Act" shall mean Chapter 166, Florida Statutes; the Bond Ordinance; and other applicable provisions of law. "Accounting Principles" means generally accepted accounting principles and practices applicable to governmental entities, including those applicable to ' governmentally owned and operated utility systems such as the System. "Additional Parity Bonds" means any obligations hereafter issued pursuant to ' the terms and conditions of the Ordinance and payable from the Hedged Revenues on a parity with the outstanding Parity Bonds and the 2004 Bonds issued under this Ordinance. "Administrative Expenses" means the expenses of the various departments of the City properly allocable to the System, as the case may be, under Accounting Principles. t "Amortization Installment" shall mean, with respect to each maturity of Term Bonds, the principal amounts (or Compounded Amounts) of such Term Bonds to be ' retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Sinking Fund or, in the year in which such Term Bonds are stated to mature, through payment at maturity, provided that (i) each such installment shall be deemed to be due on the Interest Payment Date or Principal Maturity Date of each applicable year and (ii) the aggregate of such installments for each maturity shall equal the aggregate principal amount (or, if applicable, the ' Compounded Amounts at maturity) of Term Bonds of such maturity delivered on original issuance. ' "Annual Information" has the meaning specified in Section 5.04(B) of the Original Ordinance. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for the investment of funds of the City pursuant to the laws of the State, subject to such restrictions or limitations thereon as may be . imposed by ordinance or resolution of the City (including any formal investment policy established by the City) or by the terms of any Credit Facility. ' "Banking Institution" means a bank or trust company incorporated and doing business under the laws of the United States (including laws relating to the District of Columbia) or of any State, a substantial part of the business of which consists of receiving deposits and making loans and discounts, or of exercising fiduciary powers similar to those permitted to national banks under authority of the Comptroller of the Currency, and which is subject by law to supervision and examination by State or Federal authority having supervision over banking institutions. 1 "Bond Counsel" shall mean a firm of attorneys which is nationally recognized as being experienced in matters relating to the validity of, and the state and federal ' income tax treatment of interest on, obligations of states and their political subdivisions and whose opinions are generally accepted by purchasers of such ' 4182-0-Ordinance 2 I I obligations, as selected by the City. "Bond Registrar" shall mean the Banking Institution designated by the City to ' maintain the registration books required to be maintained hereunder and to serve as Paying Agent for purposes of making payments of principal of and interest on the Bonds to the Registered Owners; provided that such Banking Institution shall have ' trust powers. "Bond Year" means the period beginning on the day immediately following each ' Principal Maturity Date and ending on the next succeeding Principal Maturity Date or any other annual period designated by the City. ' "Bonds" shall mean, collectively, the outstanding Parity Bonds, the 2004 Bonds and any Additional Parity Bonds issued pursuant to the terms and conditions of the Ordinance. t "Budgeted Renewal and Replacement Amount" means the amount specified in the annual budget of the City to be necessary to be deposited into the Renewal and Replacement Fund so that there shall be on deposit in such fund at the beginning of the subsequent Fiscal Year an amount equal to the Renewal and Replacement Fund Requirement. ' ----- "Business Day" means any day of the year on which banks in the City in which the Paying Agent is located, are not required or authorized by law to remain closed, and on which the Paying Agent and the New York Stock Exchange, Inc. are open for business. "Capital Facilities Charges" means any impact fees or charges which are ' related to acquiring, constructing, equipping or expanding capacity and Facilities of the System, including, but not limited to, excess capacity relating to the Facilities of the System not used by then current consumers, if any, existing at the time of the ' City's original acquisition of all or any portion of the System, and which are levied or collected by the City on or from any governmental body, utility company, real estate developer, or other Person, for the purpose of reserving capacity in the System, ' connecting to the System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the System or any expansion thereof, but excluding: (1) amounts received from the ' sale of water or reuse water; (2) amounts received for the treatment, acceptance or disposal of wastewater; (3) meter installation fees and regular connection charges not described above; and (4) other revenues constituting operating revenues (as any ' of the foregoing items are more particularly described by the City with respect to the System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for the payment of Capital Facilities Charges Debt Service Components. ' 'Capital Facilities Charges Debt Service Component' means, as of any particular date of calculation, for any Series of Bonds, the dollar amount of Capital Facilities Charges determined by (1) multiplying the aggregate Debt Service Requirements for such Series by the applicable Expansion Percentage, and (2) ' 4182-0-Ordinance 3 I ' subtracting from the product so obtained all amounts previously transferred from the Capital Facilities Charges Fund to the applicable Sinking Fund, including the Bond Amortization Accounts therein, pursuant to the provisions of Section 3.03 hereof. "City" shall mean the City of Atlantic Beach, Florida, a municipal corporation of the State. "Code" shall mean the Internal Revenue Code of 1986, as amended, together with the valid and applicable regulations and proposed and temporary regulations thereunder, and, if applicable, under the Internal Revenue Code of 1954, as ' amended, as the same may be in effect or amended from time to time, and any successor provisions thereto. ' 'Commission" shall mean the City Commission, as the governing body of the City. ' "Compounded Amounts" shall mean, with respect to any Compounding Interest Bonds, the amounts representing principal and interest on such Compounding Interest Bonds from time to time at and prior to the maturity thereof in ' accordance with a schedule of such amounts delivered at the original issuance of such Bonds. "Compounding Interest Bonds" shall mean Bonds, the interest on which (1) shall be compounded periodically, (2) shall be payable only at maturity or redemption prior to maturity, and (3) shall be determined by reference to the Compounded Amounts. "Consulting Engineers" shall mean such independent, qualified, and recognized- consulting engineers, having a favorable reputation for skill and experience in the planning, construction, operation and financial feasibility of facilities similar to that of the System, at the time retained by the City to perform the acts and carry out the ' duties as herein provided for such Consulting Engineers. "Credit Facility" shall mean each policy of municipal bond insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which ' guarantees timely payment of all or any portion of the principal of, premium, if any, and interest on all or any portion of the Bonds. ' "Credit Facility Issuer" shall mean each insurance company, bank, or other organization which has provided a Credit Facility in connection with the issuance of any Series of Bonds or any particular Bonds within a Series. A Credit Facility Issuer ' of 'a Reserve Account Credit Facility must be an insurance company rated in the highest rating category by any Rating Agency (and, if applicable, by A.M. Best Sc Company) having a rating in effect as to such insurance company. ' "Current Interest Paying Bonds" shall mean Bonds, the interest on which shall be payable on a periodic basis. ' "Debt Service Requirement" shall mean, for any Bond Year, as applied to the ' 4192-0-Ordinance 4 I 1 ' Bonds of any Series, the sum of: (1) the amount required to pay the interest becoming due on the ' Current Interest Paying Bonds during such Bond Year; (2) the aggregate amount required to pay the principal becoming due on Current Interest Paying Bonds for such Bond Year; provided that, for purposes of this definition the stated maturity date of any Current Interest Paying Term Bonds shall be disregarded and the Amortization Installments applicable to such Current Interest Paying Term Bonds in such Bond Year shall be deemed to mature in such Bond Year; and (3) the aggregate amount required to pay the Maturity Amounts due on any Compounding Interest ' Bonds maturing in such Bond Year; provided that for purposes of this definition, the stated maturity date of any Compounding Interest Term Bonds shall be disregarded and the Amortization Installments applicable to such Compounding Interest Term Bonds in such Bond Year shall be deemed to ' mature in such Bond Year. In calculating the Debt Service Requirement for any period for any Series of t Bonds, the City shall deduct from the amounts calculated in subparagraphs (I) through (3) above: (a) any capitalized interest deposited into the applicable accounts of the Sinking Fund for such period from the proceeds of the sale of such Bonds or ' otherwise and (b) any Investment Earnings (i) received on moneys on deposit in or transferred to the Sinking Fund and accounts established therein with respect to such Series and (ii) required by the terms of the Ordinance to be retained in such ' Sinking Fund. "Defeasance Obligations" means: (1) Federal Securities; ' (2) obligations described in Section 103(a) of the Code, provision for the payment of the principal of, premium, if any, and interest on which shall have been made by the irrevocable deposit with a Banking Institution (which is a member of the ' FDIC and which has a combined capital, surplus and undivided profits of not less than $25,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (1) above, the maturing principal of and interest on which, when due and payable, will provide sufficient moneys, without reinvestment, ' to pay when due the principal of, premium, if any, and interest on such obligations, and which securities described in clause (1) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including in the event of the insolvency of the trustee or escrow agent or proceedings arising out of such insolvency and which are rated "Aaa" by Moods and 'AAA" by S&P; and (3) Such other obligations as shall be permissible for defeasance of any ' Bonds pursuant to the Credit Facility in effect with respect to such Bonds. 4182-0-Ordinance 5 I I ' "Escrow Deposit Agreement" means the agreement between the City and the Escrow Holder, in form and substance approved by the City Manager at or prior to the time of issuance of the 2004 Bonds, and providing for the deposit of a portion of the ' proceeds of the 2004 Bonds in trust with the Escrow Holder for the purpose of making payment of the principal, premium, if any, and interest on the Refunded Bonds. ' "Escrow Holder" means the bank or trust company as the City Manager may designate which may be located within or without the State to be selected prior to the time of issuance of the 2004.Bonds to hold a portion of the proceeds of the sale of the ' 2004 Bonds in trust pursuant to the provisions of the Escrow Deposit Agreement and to be applied to pay the principal of, premium, if any, and interest on the Refunded Bonds. "Expansion Facilities" means additions, extensions and improvements to the System, together with all lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water, wastewater ' or reuse water service and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the System, whether actual or anticipated, created by new users tconnecting to the System. "Expansion Percentage" means, with respect to any Series of Bonds, the ' fraction equal to that portion of the total aggregate Debt Service Requirements for such Series that is attributable to Expansion Facilities, if any, as shall be determined by the Independent Consultant. ' "Event of Default" has the meaning set forth in Section 5.02 of the Original Ordinance. ' "Facilities" shall mean all of the physical assets of the System, and all parts thereof, existing at the time of the adoption of this Ordinance, and also any physical ' assets which may thereafter be added to the System, or any part thereof, by any additions, replacements, betterments, extensions, improvements thereto; and property of any kind or nature, real or personal, tangible or intangible, hereafter ' constructed or acquired in connection with the System. "Federal Securities" shall mean direct noncallable obligations of the United ' States of America or obligations the timely payment when due of the principal of and interest on which is fully and unconditionally guaranteed by the United States of America. "Financial Advisor" means an investment banking or financial advisory firm which is nationally recognized as being experienced in financial matters related to states and their political subdivisions, as selected by the City. 1 "Fiscal Year" shall mean the. period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as may be ' prescribed from time to time as the fiscal year for the City. ' 4152-0-Ordinance 6 I I ' "Funds and Accounts" means the Revenue Fund, the Sinking Fund, (and accounts therein), the Renewal and Replacement Fund, the Rate Stabilization Fund, and the Project Fund all created pursuant to Section 3.03(A) of the Original Ordinance. "Gross Revenues' means all fees, rentals or other charges or other income ' received by the City in connection with the System, or accruing to the City or to any other board or agency of the City in control of the management and operation of the System, all as calculated in accordance with Accounting Principles. Gross Revenues ' include, without ]imitation, Investment Earnings on moneys in all funds and accounts herein created or authorized, except any Project Fund and the Rebate Fund, to the extent that Investment Earnings are required to be deposited into the Revenue Fund herein created. Gross Revenues do not include Capital Facilities Charges, Special Assessments, or Investment Earnings on either thereof. "Independent Certified Public Accountants" shall mean such firm of certified public accountants, not in the regular employ of the City, as shall be retained by the City for the purpose of auditing the books and records relating to the Pledged Revenues and performing such other functions as are specified in the Ordinance. ' "Independent Consultant" shall mean such firm or firms, consisting of or employing, registered professional engineers, architects, rate consultants, or other professionals having a favorable reputation for the design, maintenance and operation of facilities such as the System, not in the regular employ of the City, engaged by the City to perform the tasks set forth to be performed by such Independent Consultant by ' the provisions of the Ordinance or by other official action of the City, and shall include, where applicable, the Consulting Engineers. ' "Interest Payment Date" shall mean, with respect to any Series of Bonds, the semiannual or other periodic dates on which interest is payable on the Current Interest Paying Bonds, as determined by subsequent resolution of the Commission ' adopted at or prior to the time of issuance of such Bonds. "Investment Earnings" shall mean the interest, dividends, and the net of the ' capital gains and losses received from the investment, purchase, and sale of Authorized Investments held in the various funds and accounts established pursuant to the Ordinance. ' "Issuance Expenses" means the fees and costs paid in connection with the authorization, sale, and issuance of any Series of Bonds. Issuance Expenses include, but are not necessarily limited to: (1) the fees and expenses of the Financial Advisor, t Bond Counsel and the Consulting Engineer related to (a) the preparation of the preliminary and final Official Statements; (b) preparation of the Ordinance, and other ordinances and resolutions supplemental hereto or in connection herewith; (c) ' preparation of financing plans; (d) fees of investment bankers; (e) fees of verification agent; and (f) preparation of the Engineer's Report, if any; (2) the cost of obtaining a rating on such Bonds from a Rating Agency; (3) the cost of printing and distributing ' the Official Statement for such Bonds; (4) the cost of printing and delivery of such Bonds; and (5) the cost of obtaining consents and legal opinions necessary in ' 4182-0-Ordinance 7 I I ' connection with the delivery of such Bonds. Issuance Expenses do not include (1) amounts deposited into the Reserve Account; (2) the premium for any Credit Facility; (3) discount upon the sale of Bonds; or (4) capitalized interest on Bonds, if any. ' "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, the Debt Service Requirement for the then current or any future Bond ' Year which is greatest in dollar amount with respect to any particular Series of Bonds, or all Bonds, as the case may be. "MSRB" means the Municipal Securities Rulemaking Board. "Net Revenues" means the Gross Revenues remaining after deducting only ' Operating Expenses. Moneys deposited into the Rate Stabilization Fund shall be excluded from Gross Revenues for the purposes of calculating Net Revenues hereunder for the Fiscal Year in which such transfer into the Rate Stabilization Fund occurs. Moneys on deposit in the Rate Stabilization Fund may be withdrawn at any time and redeposited into the Revenue Fund, and such moneys shall be included in Gross Revenues for the purpose of calculating Net Revenues for the Fiscal Year in which such redeposit into the Revenue Fund occurs. "NRMSIR" means a nationally-recognized municipal securities information repository designated by the SEC for purposes of the Rule. 'Operating Expenses' means the current expenses, paid or accrued, of operation, maintenance and repair of the System and its Facilities determined in ' accordance with Accounting Principles. Operating Expenses include, without limiting the generality of the foregoing, (i) Administrative Expenses, (ii) insurance premiums, (iii) charges for the accumulation of appropriate reserves not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with Accounting Principles, and (iv) the cost of product and services purchased by the City for resale to customers of the System in lieu of the production of such product and ' services by the City directly. "Operating Expenses" shall not include any allowance for depredation, amortization or other similar non-cash expenses, except to the extent expressly provided herein. In determining Operating Expenses, there shall not be taken into account: (a) any gain or loss resulting from either the extinguishment or refinancing of any Series of Bonds or other long-term indebtedness; (b) loss from the sale; exchange or other disposition of capital assets not made in the ordinary course of business; and (c) any capital expenditures for renewal, replacement, expansion or acquisition of capital assets (including any deposits or reserves therefor). "Ordinance" means, collectively, the Original Ordinance, this Ordinance, and any ordinance and resolution amendatory hereof or supplemental hereto. "Original Ordinance" shall mean Ordinance No. 15-95-7 enacted by the City ' Commission on November 13, 1995, as supplemented by Ordinance No. 15-96-8, enacted on March 11, 1996, as supplemented. t "Outstanding" shall mean as applied to Bonds, as of any applicable time, all 4182-0-ordinance 8 I I Bonds which have been authenticated and delivered, or which are being delivered, under the Ordinance, except: ' (1) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open market or because of payment at or redemption prior to maturity; t (2) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04 of the Original Ordinance; ' (3) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof for which moneys sufficient to pay the maturity ' amount or redemption price thereof have been deposited into the appropriate accounts of the Sinking Fund by the City or in lieu of which other Bonds have been issued under Section 2.06 or 2.07 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the City or by an agent of the City shall not be deemed Outstanding. ' "Parity Bonds" shall mean the unrefunded portion of the City's outstanding Utility System Revenue Bonds, Series 1996. ' "Person" or words importing persons shall mean firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations (including limited liability ' corporations), public or governmental bodies, other legal entities and natural persons. Pledged Revenues" means (a) the Net Revenues, (b) the Capital Facilities ' Charges, (c) the moneys on deposit in the Funds and Accounts, (d) the Investment Earnings, and (e) the Special Assessments. ' "Principal Maturity Date" shall mean, with respect to any series of Bonds, the annual or other periodic date on which (i) principal matures on the Current Interest Paying Bonds and (ii) Compounded Amounts are payable on Compounding Interest Bonds, as determined by subsequent resolution of the Commission adopted at or prior to the issuance of Bonds, and in each case including applicable dates on which Amortization Installments are required to be applied to retire Term Bonds. ' "Prohibited Payment" shall mean a payment, or an agreement to pay, to a Person other than the United States of America, an amount that is otherwise required to be paid to the United States of America through a transaction or series of ' transactions that reduces the amount earned on an investment or deposit or that results in a smaller profit or a larger loss on such investment or deposit than would have resulted in an arm's length transaction in which yield on Bonds was not ' relevant to either party to such investment or deposit. "Rating Agency" shall mean Fitch Investors Service, L.P. ("Fitch"), Moody's ' Investors Service, Inc. ("Moody's"), or Standard and Pooi s Ratings Services ("S&P") or any thereof and their successors, if any is then maintaining a rating on any Series of ' 4182-0-Ordinance 9 I I ' Bonds. "Record Date" shall mean, for any Series, the fifteenth day of the month prior to an Interest Payment Date for such Bonds, or such other date as may be specified by subsequent resolution of the Commission. "Redemption Date" shall mean, for any Bonds, the date specified on which such Bonds are to be redeemed prior to the maturity thereof, whether at the option of the City or by operation of the applicable Bond Amortization Account in the Sinking Fund. ' "Refunded Bonds' means a portion of the Utility System Revenue Bonds, Series 1996, dated March 1, 1996, outstanding at the time of issuance of the 2004 Bonds in the principal amount of approximately $17,800,000. "Refunding" means the program for refinancing the Refunded Bonds through the issuance of the Series 2004 Bonds. "Refunding Costs" means but shall not necessarily be limited to: the cost of payment of the principal of, premium, if specified, and interest on the Refunded Bonds; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; interest on the 2004 ' Bonds for a reasonable period of time after the date of delivery thereof; reasonable reserves for the payment of Debt Service; discount upon the sale of the Series 2004 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility; ' Issuance Expenses; and such other expenses as may be necessary or incidental to the financing authorized by this Ordinance, to the Refunding, and to the accomplishing thereof; and reimbursement to the City for any sums expended for the foregoing ' purposes in anticipation of the issuance of the 2004 Bonds. "Registered Owner" or "Owner" shall mean any Person who shall be the owner of any Outstanding Bond or Bonds as shown on the registration books maintained by the Bond Registrar. ' "Renewal and Replacement Fund Requirement" means an amount, determined as of the beginning of each Fiscal Year, equal to (a) the lesser of (1) five percent (5%) of the Gross Revenues received by the City in the immediately preceding Fiscal Year; or (2)(a) $500,000, or (b) such other amount as shall be certified in writing by the ' Consulting Engineers as necessary and desirable to provide immediately available funds to pay capital costs of the System. "Reserve Account Credit Facility" shall mean a policy of insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which provides for payment of amounts equal to all or a portion of the, Reserve Account Requirement in the event of an insufficiency of moneys in the Sinking Fund to pay principal of and interest on any Series or installment of the Bonds, and which meets the criteria set forth in Section 3.03(G) of the Original Ordinance and shall include any agreement between the City and the Credit Facility Issuer with respect to the repayment of amounts advanced under any Reserve Account Credit Facility. ' 4182-0-Ordinance 10 I I ' "Reserve Account Credit Facility Costs' shall mean the amounts the City is required to pay to the Credit Facility Issuer as a result of a draw under a Reserve Account Credit Facility or otherwise pursuant to such Reserve Account Credit Facility or any related agreement. ' "Reserve Account Credit Facility Coverage" shall mean the amount then available to be paid to the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time. ' "Reserve Account Requirement" means the lesser of (1) the Maximum Debt Service Requirement for the Bonds then Outstanding, or (2) the maximum amount allowed as a reasonably required reserve or replacement fund under Section 148 of the Code. "Reserve Account Value" shall mean the aggregate of the Reserve Account Credit Facility Coverage and the value of moneys and Authorized Investments credited to the Reserve Account. The values of such Authorized Investments are to be calculated as provided herein. "Rule" means Rule 15c2-12, as amended from time to time, promulgated by the SEC. "SEC means the Securities and Exchange Commission. ' "Serial Bonds" shall mean any Current Interest Paying or Compounding Interest Bonds for the payment of the principal of which, at the maturity thereof, no fixed mandatory sinking fund or bond redemption deposits are required to be made prior to the 12-month period immediately preceding the stated date of maturity of such Serial Bonds. ' "Series' shall mean a series of Bonds. "SID" means an information depository designated from time to time by the ' State. "Sinking Fund" means the fund authorized, created, and established pursuant to the-provisions of Section 3.03(A) of the Original Ordinance. "Special Assessments" means all the proceeds derived from special assessments to be levied against the lands and real estate within the City to be specially benefited by any Project, including interest and penalties on such assessments and any moneys received upon the sale of tax certificates with respect to such lands and real estate and upon the foreclosure of the liens of such assessments, to the extent that the City ' has covenanted to deposit the proceeds received from the levy and collection of such special assessments into the Special Assessment Fund for the payment of any Series; provided, however, that for purposes of the rate covenant set forth in Section 5.01(A) ' and the test for the issuance of Additional Parity Bonds set forth in Section 5.01(G), Special Assessments shall only include those Special Assessments which are (1) levied ' 4182-0-Ordinance 11 I I on developed property, (2) collected pursuant to the uniform method pursuant to Section 197.3632, Florida Statutes, and (3) in the aggregate, according to the final assessment roll, are not greater than one-tenth (1/10) of the total assessed value of all property against which such Special Assessments are levied. "Specified Events" has the meaning set forth in Section 5.04(C) hereof. "State" means the State of Florida. ' "Stormwater System" means the facilities for the collection and drainage of stormwater now owned, operated and maintained by the City, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, ' together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. ' "Subordinated Bonds' shall mean any obligations issued by the City and payable from the Pledged Revenues subject and subordinate to the rights of the ' Registered Owners of any Bonds issued pursuant to this Ordinance as to security for payment from such Pledged Revenues and in all other respects, in accordance with the provisions of this Ordinance. "System" shall mean the combined and consolidated water and sewer system now owned, operated and maintained by the City, together with any and all ' improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. ' "Tax Compliance Certificate" means, with respect to any Series, the certificate executed by an officer of the City responsible for the issuance of the Series, delivered ' in connection with the issuance of such Series, relating to compliance by the City with the requirements of the Code applicable to such Series, including any investment instructions attached to such certificate. 1 "Term Bonds" shall mean the Current Interest Paying or Compounding Interest Bonds all of which shall be stated to mature on one date and which shall be subject ' to retirement by operation of the applicable Bond Amortization Account in the Sinking Fund herein established. ' "Variable Rate Bonds" shall mean Bonds, the interest rate on which is subject to adjustment at such times and in such manner as shall be determined prior to the sale thereof. "2004 Bonds" means the 2004 Bonds issued under the Original Ordinance and this Ordinance. SECTION 1.03. INTERPRETATION. Any reference herein to the City, to the 1 4182-0-Ordinance 12 I I Commission or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Unless context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or ' chapter of the Laws of Florida or the United States of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement ' or superseding section, provision or chapter shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of (1) the rights or obligations of the City, its officers and employees, the members of the Commission of ' the City, the Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer; (2) the Bonds; or (3) any other instrument or document entered into in connection with any of the foregoing. t - Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," ' "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after and the term "heretofore" means before the date of this Ordinance. ' SECTION 1.04. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) The City now owns, operates and maintains the System and derives and will continue to derive revenues from rates, fees, and charges imposed and collected - for the services of the System. 1 (B) The City has previously enacted the Original Ordinance which authorized improvements to the System and the Stormwater System and authorized the issuance of the Refunded Bonds and the outstanding Parity Bonds. (C) The City currently has outstanding the Refunded Bonds in the principal ' amount of approximately $17,800,000. (D) It is necessary and desirable and in the best interests of the City that the ' Cityprovidefor the payment of the Refunded Bonds by the issuance of the 2004 Bonds. ' (E) It is in the best interest of the health, safety, and welfare of the City and the inhabitants thereof that the City pledge the Pledged Revenues to the repayment of the Bonds and the outstanding Parity Bonds, and the Pledged Revenues are not ' currently pledged and encumbered in any manner other than to the outstanding Parity Bonds and the Refunded Bonds, the lien on thePledgedRevenues of the Refunded Bonds will be defeased and released upon the issuance of the 2004 Bonds. (F) The fledged Revenues are estimated to be sufficient to pay all principal 1 4182-0-Ordinance 13 1 1 1 of and interest on the outstanding Parity Bonds and the 2004 Bonds, as the same become due, and to make all required sinking fund, reserve or other payments required by this Ordinance. 1 SECTION 1.05. ORDINANCE CONSTITUTES A CONTRACT. In consideration of the issuance of any Credit Facility or Reserve Account Credit Facility and in 1 consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time to time, the Ordinance shall be deemed to be and shall constitute a contract between the City and 1 the Credit Facility Issuer and such Registered Owners, and the covenants and agreements herein set forth to be performed by the City shall be for the equal benefit, protection, and security of the Credit Facility Issuer and the Registered Owners of any 1 and all such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein or herein.' 1 SECTION 1.06. ORDINANCE CAPTIONS AND HEADINGS. The captions and headings in this Ordinance axe solely for convenience of reference and in no way define, limit or describe the scope or intent of any articles, sections, subsections, paragraphs, subparagraphs or clauses hereof. 1 • 1 1 1 1 1 1 1 1 4182-0-Ordinance 14 I t ARTICLE II AUTHORIZATION OF REFUNDING, AUTHORIZATION, DESCRIPTION, DETAILS AND FORM OF BONDS ' SECTION 2.01. AUTHORIZATION OF REFUNDING. The refunding of the Refunded Bonds is hereby specifically authorized. ' SECTION 2.02. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Ordinance, obligations of the City to be known as "Utilities System Revenue Refunding Bonds, Series 2004" are hereby authorized to be issued in the ' aggregate principal amount of not exceeding Twenty Million Dollars ($20,000,000) for the purpose of financing the Refunding. SECTION 2.03. DESCRIPTION OF BONDS. The Bonds shall be numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of their delivery or such other date prior to the date of their delivery; shall bear interest ' at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed forty (40) years from the date thereof, and in such amounts; and shall be issued as Current Interest Paying Bonds, Compounding Interest Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by subsequent action of the City Manager at or prior to the time of sale of the Bonds. The Bonds shall be issued in fully registered form;shall be payable with respect to principal at the office of the Bond Registrar, as Paying Agent, or such other Paying Agent as shall be subsequently determined by the City; shall be payable in ' lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed on each Interest Payment ' Date to the Registered Owner at his address as it appears upon the books of the Bond Registrar as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Compounding Interest Bonds, at maturity upon presentation at the office of the Bond ' Registrar; provided that, for any Registered Owner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request and expense of such Registered Owner, be made by wire transfer to a Banking Institution ' or by such other medium acceptable to the City and to such Registered Owner. SECTION 2.04. EXECUTION OF BONDS. The Bonds shall be executed in the ' name of the City by the Mayor or Vice-Mayor, and countersigned and attested by the City Clerk or Deputy Clerk and the corporate seal of the City or Commission or facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Mayor or Vice-Mayor and the City Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or reproduced thereon. ' There shall be a Certificate of Authentication of the Bond Registrar on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Ordinance unless such certificate shall 41a0_n_Or yance 15 t I R have been duly executed on such Bond. The authorized signature for the Bond ® Registrar shall be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Bond 1 Registrar, appearing on the Bonds shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of t the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the City by such person is at the actual time of the execution of such Bond shall hold the proper office in the City, although at the date of such ' Bonds such person may not have held such office or may not have been so authorized. SECTION 2.05. NEGOTIABILITY AND REGISTRATION. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, and. each successive Registered Owner, in accepting any of said Bonds shall be conclusively ' deemed to have agreed that the Bonds shall be and have all of the qualities and incidents of such negotiable instruments. There shall be a Bond Registrar, who may also be the paying agent for the Bonds, which shall be a Banking Institution. The Bond Registrar shall be responsible for maintaining the books for the registration of the transfer and exchange of the ' Bonds. The City and the Bond Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. ' All Bonds presented for transfer, exchange, redemption or payment (if so required by the City or the Bond Registrar) shall be accompanied by a written ' instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized attorney. ' The Bond Registrar may charge the Registered Owner a sum sufficient to' reimburse it or any expenses incurred in making any exchange or transfer after the ' first such exchange or transfer following the initial delivery of the Bonds. The Bond Registrar or the City may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation hereto. Such charges and ' expenses shall be paid before any such new Bonds shall be delivered. The City and the Bond Registrar shall not-be required (a) to issue, transfer or ' exchange any Bonds during a period beginning at the opening of business on the 15th day next preceding either any Interest Payment Date or any date of selection of Bonds or parts thereof to be redeemed and ending at the close of business on the t Interest Payment Date or day on which the applicable notice of redemption is given, or (b) to transfer or exchange any Bonds selected or being called for redemption in ' 41827O-Ordinance 16 +R r E whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of I the City, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. IThe City may elect to use a book-entry or immobilization system for issuance and registration of the Bonds of any Series, and the details of any such system shall Ibe as fixed prior to the time of issuance of such Bonds. Whenever any Bond shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or Iexchange, such Bond shall be cancelled and destroyed by the Bond Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the City. I SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Bond ' Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of I and substitution for the Bond destroyed, stolen or lost, upon the Registered Owners furnishing the Bond Registrar proof of his ownership hereof, furnishing satisfactory indemnity in favor of both the City and the Bond Registrar, complying with such other I reasonable regulations and conditions as the Bond Registrar and City may prescribe, and paying such expenses as the City may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature, instead of I issuing substitute Bond, the Bond Registrar may pay the same, upon compliance with the foregoing conditions and requirements. I Any such duplicate Bonds issued pursuant to this Section shall constitute original contractual obligations on the part of the City, whether or not any lost, stolen or destroyed bonds are found and shall be entitled to equal and proportionate benefits I and rights with all other bonds of such Series issued hereunder as to lien on and source and security for payment from the Pledged Revenues. I --_-- --SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive form of any Series are ready for delivery, the City may execute, and upon its request in writing, the Bond Registrar shall authenticate and deliver in lieu of any thereof, and subject to the I same provisions, limitations and conditions, one or more printed, lithographed or typewritten Bonds in temporary form, substantially of the tenor of the Bonds hereinbefore described and with appropriate omissions, variations and insertions. ' Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the lien and benefit of this Ordinance. The City shall, without unreasonable delay, prepare, execute and deliver to the Bond Registrar and I thereupon, upon the presentation and surrender of the Bonds in temporary form to the Bond Registrar, the Bond Registrar shall authenticate and deliver, in exchange I 4182-0-Ordinance 17 I I I therefor, Bonds of the same Series and maturity, in definitive form in the authorized denominations, and for the same aggregate principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the City ' and there shall be made no charge therefor to any Registered Owner. SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation of the delivery I of the Bonds of any Series and receipt of the proceeds thereof, the City may issue Bond Anticipation Notes. Provisions regarding the form of such Bond Anticipation Notes and the security for any Bond Anticipation Notes shall be set forth in a ' separate ordinance or resolution of the Commission adopted at or prior to the time of sale of such Bond Anticipation Notes. I SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the applicable Bond Amortization Account or, at the option of the City, as provided prior to the delivery of the Bonds; provided that no I optional redemption of Bonds may be effected at any time when there are outstanding, unpaid obligations due and owing to a Credit Facility Issuer pursuant to any Credit Facility or Reserve Account Credit Facility without the prior written ' consent of the Credit Facility Issuer. Not more than sixty (60) days or less than thirty (30) days prior to the Redemption Date, notice of such redemption (i) shall be filed with the Bond Registrar, and (ii) shall be mailed by first class mail, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the registration books I hereinabove provided for. Notice of Redemption of Bonds, other than by operation of the Bond Amortization Account and other than pursuant to the application of advanced refunding bond proceeds, shall be provided as set forth herein only from and I to the extent that funds sufficient to pay the redemption price and accrued interest thereon are on deposit in the funds and accounts held by the Paying Agent and available for such purpose on the date the notice of redemption is mailed. Interest shall cease to accrue on any Bonds duly called for prior redemption on the I Redemption Date, if payment thereof has been duly provided. Failure of any Registered Owner to receive notice properly provided shall not affect the validity of any such proceedings for redemption or the cessation of the accrual of interest on any Bonds ' called for redemption from and after the Redemption Date. In addition to the foregoing notice, further notice shall be given as set out I below, but no defect in any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to an Owner as to which notice is given as prescribed above. IEach further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (i) the date of I original execution and delivery of the Bonds; (ii) the rate of interest borne by each Bond being redeemed; (iii) the maturity date and CUSIP number of each Bond being redeemed; and (iv) any other descriptive information needed to identify accurately the IBonds being redeemed. I . A,co_n_n:a;„oma,. 18 I Each further notice of redemption shall be sent at least thirty (30) days before the redemption date by registered or certified mail or overnight delivery service (at the expense of the addressee) to the Credit Facility Issuer and to all registered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, New York, New York; Midwest Securities Trust Company of Chicago, ' Illinois; and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s ' Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service and Standard & Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be of substantially the form of Exhibit A hereto, with such omissions, insertions, and ' variations as may be necessary and desirable, and as may be authorized or permitted by this Ordinance or by subsequent ordinance or resolution adopted prior to the issuance thereof. 1 1 1 1 1 1 _.82 Ordinance 19 I 1 iARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OF REVENUES AND APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE; TAX COMPLIANCE ' AND REMEDIES ' SECTION 3.01. BONDS NOT GENERAL OBLIGATION OF CITY. Neither the Bonds nor the interest or premium, if any, thereon shall be or constitute general obligations or indebtedness of the City as "bonds" within the meaning of the ' Constitution of the State of Florida, but shall be payable from and secured solely by a lien upon and a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds issued hereunder shall ever have the right to compel ' the exercise of the ad valorem taxing power of the City or taxation in any form of any property therein to pay such Bonds or the interest or premium, if any, thereon or be entitled to payment of such principal, premium, if any, and interest from any other funds of the City except from the Pledged Revenues in the manner provided herein. Neither the Bonds nor the interest or premium, if any, thereon shall have or be a lien. upon the System or the Stormwater System, or upon any property of or in the City, other than the Pledged Revenues in the manner provided herein. 1 SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of Debt Service on all the Bonds issued hereunder shall be secured forthwith equally ' and ratably with the other Bonds solely by a lien upon and pledge of the Pledged Revenues. The Pledged Revenues, in an amount sufficient both to pay the principal of, premium, if any, and interest on the Bonds herein authorized and to make the ' payments into the Reserve Account and Sinking Fund and all other payments provided for in this Ordinance are hereby irrevocably pledged in the manner stated herein to such payment; provided that said pledge and lien may be released and ' extinguished by defeasance as provided in Section 6.06 hereof. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of Debt Service Requirements on any Bonds from, or the pledging to such payment of, any lawfully ' available additional revenues, reserves, security, documents, obligations or sources of funds. t SECTION 3.03. APPLICATION OF PLEDGED REVENUES PURSUANT TO ORIGINAL ORDINANCE. All Pledged Revenues and all moneys held in the funds and accounts established pursuant to the Original Ordinance shall be held and applied for ' the benefit of the Registered Owners of the 2004 Bonds in the same manner as provided in Section 4.03 of the Original Ordinance, and all of the provisions of Section 4.03 shall be deemed to be applicable to the 2004 Bonds in the same manner as to the outstanding ' Parity Bonds and all other Bonds hereafter issued pursuant to the Original Ordinance. SECTION 3.04. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. The 2004 Bonds shall for all purposes be considered to be issued under and pursuant to ' the provisions of the Original Ordinance, and all of the covenants of the City contained in the Original Ordinance shall be deemed applicable to and for the benefit of the 2004 4182x0-Ordinance 20 I I Bonds to the same extent as to the outstanding Parity Bonds. The Registered Owners of the 2004 Bonds shall have all of the rights and privileges of the Registered Owners of the outstanding Parity Bonds. SECTION 3.05. TAX COMPLIANCE. The City covenants that it will restrict the use of the proceeds of the 2004 Bonds in such manner and to such extent, if any, as ' may be necessary so that the 2004 Bonds will not constitute arbitrage bonds under Section 148 of the Code. The City Manager or any other officer having responsibility for the issuance of the 2004 Bonds shall give an appropriate certificate of the City, for t inclusion in the transcript of proceedings for the 2004 Bonds, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the 2004 Bonds, the facts, circumstances, and estimates on which they are based, and ' other facts and circumstances relevant to the tax treatment of interest on the 2004 Bonds. Each such officer is further authorized to make or effect any election, selection, choice, consent, approval, or waiver on behalf of the City with respect to the 2004 Bonds as the City is permitted or required to make or give under the federal income tax laws, for the purposes of assuring, enhancing, or protecting favorable tax treatment or characterization of the 2004 Bonds or interest thereon or assisting compliance with ' requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments of penalties thereon, or making payments in lieu thereof, or obviating such amounts or payments, as determined by such officer. Any such action of such officer shall be in writing and signed by the officer. The City covenants that it (a) will take or cause to be taken such actions ' which may be required of it for the interest on the 2004 Bonds to be and remain excluded from gross income for federal income tax purposes, and (b) will not take or permit to be taken any actions which would adversely affect that exclusion, and that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the 2004 Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property acquired with those proceeds, (iii) make timely rebate or penalty payments to the federal government, (iv) maintain books and records and make ' calculations and reports, and (v) refrain from certain uses of proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The City Manager and other appropriate officers are hereby authorized and ' directed to take any and all actions, make calculations and rebate or penalty payments, and make or give reports and certifications, as may be appropriate to assure such exclusion of that interest. SECTION 3.06. REMEDIES. The Events of Default and Remedies set forth in the Original Ordinance shall apply to the 2004 Bonds the same as if fully set forth ' herein. 1 4182-0-Ordinance 21 I ■ ARTICLE IV • APPLICATION OF 2004 BOND PROCEEDS ' SECTION 4.01. APPLICATION OF 2004 BOND PROCEEDS. All moneys received from the sale of any or all of the 2004 Bonds shall be disbursed as follows: ' (A) Accrued interest, if any, shall be deposited into the Sinking Fund and applied to the interest coming due on the 2004 Bonds on the first Interest Payment Date. (B) An amount equal to the Reserve Account Requirement shall be deposited into the Reserve Account; provided that this requirement may be satisfied in whole or in part by the establishment of a Reserve Account Credit Facility for the purpose of such Reserve Account. ' (C) An amount necessary to pay the Issuance Expenses with respect to the 2004 Bonds will be paid within 30 days of closing from the proceeds of the 2004 Bonds. ' (D) A sum specified in the Escrow Deposit Agreement which, together with the other funds described in the Escrow Deposit Agreement to be deposited with the Escrow Holder in escrow, and together with the investment income thereon, will be ' sufficient to pay the principal of, interest and redemption premiums, if any, as applicable, on the Refunded Bonds as the same shall become due or may be redeemed, shall be deposited into the Escrow Account established by the Escrow ' Deposit Agreement in the respective amounts sufficient for such purposes. Simultaneously with the delivery of the Series 2004 Bonds, the City shall enter into the Escrow Deposit Agreement which shall provide for the deposit of sums into the Escrow Account established therein, and for the investment of such money in appropriate Federal Securities so as to produce sufficient funds to make all of the ' payments described in the first paragraph of this Section 4.O1D. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow • Holder appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. 1 4182-0-Ordinance 22 I I ARTICLE V CONTINUING DISCLOSURE ' SECTION 5.01. CONTINUING DISCLOSURE. (A) PROVISION OF ANNUAL INFORMATION; AUDITED FINANCIAL STATEMENTS; AND NOTICES OF EVENTS. The City hereby covenants, in accordance with the provisions of the Rule, to provide or cause to be provided: (1) to each NRMSIR and to any SID, (i) annual financial information and operating data of the type described under the caption "Annual Information" below for each Fiscal Year ending on or after September 30, 2005, not later than the following May 1, and (ii) when and if available, ' audited financial statements for the City for each such Fiscal Year; and (2) to each NRMSIR or to the MSRB and to the SID, in a timely ' manner, notice of (i) any Specified Event if that Specified Event is material, (ii) the City's failure to provide the Annual Information on or prior to the date specified above, (iii) any change in the Fiscal Year, (iv) the City's failure to ' appropriate funds to meet costs to be incurred to provide the foregoing information, and (v) the termination of the City's obligations to provide the foregoing information. The City expects that (a) annual financial statements of the City shall be prepared and audited, (b) any such audited statements shall be available together'with the Annual Information, and (c) the accounting principles to be applied in the preparation of those t financial statements shall be generally accepted accounting principles as recommended from time to time by the Governmental Accounting Standards Board. In the event that the audited annual general purpose financial statements of the City are not available by the date on which the Annual Information shall be provided, the City will provide unaudited financial statements of the City by the date specifiedand audited financial statements when available. ' (B) ANNUAL INFORMATION. Annual Information to be provided by the City shall consist of: (a) the annual general purpose financial statements of the City; and ' - (b) summary of revenues, expenses and debt service coverage consistent with the. presentation of such information in the Official Statement for the 2004 Bonds. ' (C) SPECIFIED EVENTS. Specified Events shall include the occurrence of the following events, within the' meaning of the Rule, with respect to the Bonds: principal and interest payment delinquencies; non-payment related defaults; ' unscheduled draws on debt service reserves reflecting financial difficulties; unscheduled draws on credit enhancements reflecting financial difficulties; substitution of credit or liquidity providers, or their failure to perform; adverse tax opinions or events affecting the tax-exempt status of the Bonds; modifications to rights of holders of Bonds; Bond calls; defeasances; release, substitution, or sale of property securing repayment of the Bonds; and rating changes. In furtherance of the 1 4182-0-Ordinance 23 I 1 foregoing, however, holders should understand that the sale or other transfer of real property subject to the Special Assessments is not included in the listed events. The City shall not be required to undertake to track the sale or other transfer of any such real property or make any notification in the event any such sale or other transfer may occur. (D) AMENDMENTS. The City reserves the right to amend this Section as may be necessary or appropriate to achieve its compliance with any applicable federal securities law or rule, to cure any ambiguity, inconsistency or formal defect or omission, and to address any change in circumstances arising from a change in legal requirements, change in law, or change in the identity, nature, or status of the City, or type of business conducted by the City. Any such amendment shall be made only t in a manner consistent with the Rule and interpretations thereof by the SEC. Annual Information containing any amended operating data or financial information shall explain, in narrative form, the reasons for any such amendment and the impact of the change on the type of operating data or financial information being provided. The provisions of Section 6.07 of this Ordinance shall not apply to amendments made to this Section. (E) REMEDY FOR BREACH. The covenants contained in this Section 5.01, as amended, relating to the City's continuing disclosure requirements shall be solely for the benefit of the holders and beneficial owners from time to time of the Bonds. Holders and beneficial owners, to the extent permitted by law and equity, shall have the right, and shall be limited to the right, upon any breach of such covenant by the City and to the exclusion of any other remedy for that breach that otherwise would be available, to institute and maintain, or to cause to be instituted and maintained, proceedings at law or in equity to obtain the specific performance by the City of its obligations under such covenant. An individual holder or beneficial owner shall not be entitled to institute or maintain proceedings to challenge the sufficiency of any pertinent filing that is made. ' (F) NON-APPROPRIATION. The performance by the City of its obligations under this Section 5.04, relating to the City's continuing disclosure requirements shall be subject to the availability of funds and their annual appropriation to meet costs the City would be required to incur to perform such obligations. (G) TERMINATION. The obligations of the City under this Section 5.01, ' relating to the City's continuing disclosure requirements shall remain in effect only for such period that (1) such covenant is required by the Rule, (2) the Bonds are outstanding in accordance with their terms, and (3) the City remains an obligated ' person with respect to the Bonds within the meaning of the Rule. The obligation of the City to provide the Annual Information and notices of the events described above shall terminate, if and when the City no longer remains such an obligated person. (H) SEPARATE BOND REPORT NOT REQUIRED. Additionally, the requirements of this Section 5.01 do not necessitate the preparation of any separate ' annual report addressing only the Bonds. These requirements may be met by the filing of a combined bond report or the City's Comprehensive Annual Financial Report; provided, such report includes all of the required information and is available 1 a;a Gnlinance 24 I i by May 1. Additionally, the City may incorporate any information provided in any prior filing with each NRMSIR or included in any final official statement of the City; provided, such final official statement is filed with the MSRB- 1 1 1 i 1 1 4182-0-Ordinance 25 I t ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF 2004 BONDS; DELEGATION OF AUTHORITY AND ' DESIGNATION OF BOND REGISTRAR AND PAYING AGENT. (a) The City hereby finds, determines and declares that the timing and size of the issue and complexity of the financing plan for the 2004 Bonds, and current rapidly changing bond market ' conditions require that the sale of the 2004 Bonds be negotiated at private sale rather than offered by competitive bid at public sale in order to assure the necessary flexibility to change the maturities, redemption features and yields necessary to obtain ' the most favorable terns in the bond market and to assure timely receipt of funds to refund the Refunded Bonds at the most advantageous savings to the City. The negotiated sale of the 2004 Bonds to A.G. Edwards & Sons, Inc. and J.P. Morgan Securities Inc., the underwriters previously selected by the City, pursuant to a bond purchase contract in the form approved by the City Manager, the City Attorney, the Financial Advisor and Bond Counsel is hereby authorized pursuant to Section ' 218.385, Florida Statutes. (b) In order to assure timely sale of the 2004 Bonds in an uncertain economic environment, the City Manager is authorized to negotiate with the underwriters the final pricing terms to be included in the bond purchase contract, with the advice and assistance of the Financial Advisor, subject to all of the following ' guidelines and parameters: (1) the aggregate principal amount of 2004 Bonds to be sold ' shall not exceed $20,000,000 and shall not exceed the amount needed to refund the Refunded Bonds and to pay the Issuance Costs. (2) the all-in true interest cost to the City for the 2004 Bonds shall not exceed 6.00% per annum. (3) the underwriters' gross spread shall be approved by the ' City Manager with the advice and assistance of the Financial Advisor and shall not exceed $5.00 per $1,000 of 2004 Bonds sold. (4) the final maturity of the 2004 Bonds shall not be later than October 1, 2025. ' (c) The 2004 Bonds shall be dated, shall be in denominations, shall be in the form of current interest bonds which bear interest at the rates, mature on the dates and in the amounts, and shall be redeemable, all as set forth in the bond ' purchase contract. (d) The Paying Agent and Registrar for the 2004 Bonds shall be Wells Fargo Bank, N.A., Jacksonville, Florida. 1 4182-0-Ordinance 26 I i E (e) The Credit Facility Issuer for the 2004 Bonds shall be designated ■ by the City Manager with the advice and assistance of the Financial Advisor after bids have been solicited from Credit Facility Issuers. SECTION 6.02. APPROVAL OF OFFICIAL STATEMENTS FOR 2004 BONDS. The use of a preliminary and final Official Statement relating to the 2004 t Bonds, in the form as shall hereafter be approved by the City Manager acting on behalf of the City, such approval to be evidenced by his execution thereof, is hereby authorized and approved in connection with marketing of the 2004 Bonds. The City ' Manager is hereby authorized to certify that the preliminary Official Statement is "deemed final" as of its date for purposes of, and except for certain omissions permitted by, SEC Rule 15c2-12. The Mayor-Commissioner, City Manager and ' Finance Director are hereby authorized to execute the final Official Statement and to deliver same to the underwriters. Use by the underwriters of the preliminary Official Statement in marketing the 2004 Bonds is hereby approved. ' SECTION 6.03. EXECUTION OF BOND PURCHASE CONTRACT AND AUTHORIZATION OF ALL OTHER NECESSARY ACTION. The City Manager is hereby authorized and directed to execute, and the City Clerk is authorized to attest, the bond purchase contract and to deliver the bond purchase contract to the underwriters, and the Mayor-Commissioner and the City Clerk are authorized to execute and attest the 2004 Bonds when prepared, and deliver the same to the underwriters upon payment of the purchase price and pursuant to the conditions stated in the bond purchase contract. The Mayor-Commissioner, City Manager, City ' Clerk, City Attorney, Financial Advisor, and Bond Counsel are each designated agents of the Issuer in connection with the issuance and delivery of the 2004 Bonds,.and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the City which are necessary or desirable in connection with the execution and delivery of the 2004 Bonds and which are not inconsistent with the terms and provisions of this • Ordinance and other actions relating to the 2004 Bonds heretofore taken by the City, ' including, without limitation, a registrar/paying agent agreement, a DTC Letter of Representations, commitments for a Credit Facility and a Reserve Account Credit Facility, and the Escrow Deposit Agreement. SECTION 6.04. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required ' herein to be prepared and to be sent or made available to Registered Owners. of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental ordinance or resolution hereto. Notwithstanding any other provisions of ' this Ordinance to the contrary, the Credit Facility Issuer shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this Ordinance. For any amendment or modification of the Ordinance for which a Credit Facility Issuer shall consent in replacement of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental ordinance or resolution shall be sent to the 1 s:82-0-Ordinance 27 i E Rating Agencies at least twenty (20) days prior to the enactment of such amendment or modification. Any provision of this Ordinance to the contrary notwithstanding, if under any provision hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be ' called for such Credit Facility Issuer is not in compliance with its payment obligations of or is contesting its obligations under its Credit Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be suspended while ' any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the City nor the ' Paying Agent shall take the Credit Facility into effect in determining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the terms and provisions of the Ordinance. ' The Credit Facility issuer shall be included as a party in interest and as a party entitled to notify the.Paying Agent or any trustee or the City to intervene in judicial proceedings that affect the Bonds or the security therefor. The trustee, the Paying Agent and the City shall be required to accept notice of default from the Credit Facility Issuer. SECTION 6.05. NO RECOURSE. No recourse shall be had for the payment of the principal of, premium, if any, and interest on the Bonds, or for any claim based thereon or on this Ordinance, against any present or former member or officer of the ' Commission or any person executing the Bonds. SECTION 6.06. DEFEASANCE. Notwithstanding the foregoing provisions of this Ordinance, if, at any time, the City shall have paid all amounts due and owing to. any Credit Facility Issuer and shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to ' any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding'sentence, deposit of noncallable Defeasance Obligations in I irrevocable trust with a Banking Institution for the sole benefit of the Registered Owners of such Bonds, in respect to which such Defeasance Obligations the principal and interest received will be sufficient, without reinvestment, based on the report of ' an Independent Certified Public Accountant, to make timely payment of the principal of, interest, and redemption premiums,if any, on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsel to the effect that such ' deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the City to call any of the Outstanding ' Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the City in determining whether to exercise any such option for early redemption. Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer shall not be deemed paid for the purposes of ' this Section and shall remain due and owing hereunder until paid in accordance with the Ordinance. 1 4192.0-Ordinance 28 1 I SECTION 6.07. MODIFICATION OR AMENDMENT. (A) The City, from time to time and at any time and without the consent or concurrence of any Registered Owners, may adopt an ordinance or resolution amendatory hereof or supplemental hereto, if the provisions of such supplemental or amendatory ordinance or resolution shall not adversely affect the rights of the Registered Owners of the Bonds then Outstanding, for any one or more of the following purposes: (1) to make any changes or corrections in this Ordinance which the City ' shall have been advised by legal counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained herein, or to insert in this Ordinance ' such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the City for the purpose of further securing the payment of the Bonds; t (3) to surrender any right, power or privilege reserved to or conferred upon the City by the terms hereof; (4) to confirm by further assurance any lien, pledge or charge created or to be created by the provisions hereof; (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to assure compliance with the Code; (7) to provide such changes which, in the opinion of the City, based upon such certificates and opinions of the Independent Consultant, Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as the City may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners. (8) to modify any of the provisions of this Ordinance in any other ' -- ---respects, provided that such modification shall not be effective (a) with respect to the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until the Bonds ' Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent thereto. ' (B) The foregoing provisions notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment with respect to Bonds as to which a Credit Facility (other than a Reserve Account Credit Facility) is in place and to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment (other 4182-0-Ordinance 29 1 I than as described in paragraphs (1) and (2) of clause (A) above) shall be effective with respect to any Bonds as to which a Credit Facility is effective without the prior written ' consent to such modification or amendment of the Credit Facility Issuer. (C) The foregoing provisions of Sections 6.07(A) and (B) notwithstanding, no modification or amendment shall permit a change in the maturity of such Bonds, a ' reduction in the rate of interest thereon, a reduction in the amount of the principal obligation represented thereby or a reduction in the redemption premium required to be paid in connection with any optional redemption thereof; nor shall any ' modification or amendment either affect the unconditional promise of the City to pay the principal of and interest on the Bonds, as the same shall become due., or reduce the percentage of Registered Owners of Bonds above required to consent to such material modifications or amendments, without the consent of the Registered Owners of all such Bonds. ' (D) Other than as provided above, no modification or amendment of this Ordinance or of any ordinance or resolution amendatory hereof or supplemental hereto may be made without the consent in writing of the Registered Owners of fifty- one percent (51%) or more in principal amount of the Bonds then Outstanding and affected by such modification or amendment. ' (E) The foregoing provisions shall not apply to amendments to Section 5.04 hereof. SECTION 6.08. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS WHICH ARE NOT BUSINESS DAYS; TIME. (A) In any case where any payment of Debt Service is required to be paid on a date which is not a Business Day, then such payment need not be made on such date, but shall be made on the next succeeding Business Day, with the same force and effect as if made on the date fixed for such payment, and no interest shall accrue on-such payment for the period after ' such date if such payment is made on such next succeeding Business Day. (B) In any case where any act is required or any notice is required to be given hereunder on any day other than a Business Day, then such act shall be done ' or such notice shall be given on the next succeeding Business Day, with the same force and effect as if such act had been performed or such notice had been given on the date required. 1 (C) All times for the making of any payment or the performance of any act, as provided in this Ordinance means the local time prevailing in the City unless some ' other time is expressly provided for. SECTION 6.09. SEVERABILITY OF INVALID PROVISIONS. If any one or ' more of the covenants, agreements or provisions of this Ordinance should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any ' reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other 1 4103-0-Ordinance 30 I E provisions of this Ordinance or of the Bonds. SECTION 6.10. REPEALING CLAUSE. All ordinances of the City, or parts ' thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict, hereby superseded and repealed. SECTION 6.11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ' PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this 8th day of November, 2004. CITY OF ATLANTIC BEACH, FLORIDA 1 ' Approved as to form, sufficiency Mayor and correctness: f City Attorney ATTEST: ' City Clerk 1 • 4182-0-Ordinance 31 1 I. EXHIBIT A No. R-1 $ t UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF ATLANTIC BEACH UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2004 [FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] DATE OF RATE OF INTEREST MATURITY DATE ORIGINAL ISSUE CUSIP ' October 1, December , 2004 REGISTERED OWNER: Cede & Co. PRINCIPAL AMOUNT: 1 KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida ' (the "City"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above, ' upon presentation and surrender hereof at the corporate trust office of Wells Fargo Bank, N.A., Jacksonville, Florida, as Bond Registrar and Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or from the most ' recent Interest Payment Date to which interest has been paid, whichever is applicable, at the Rate of Interest per annum set forth above such interest to the maturity or prior redemption hereof being payable on April 1, 2005, and thereafter on April 1 and October 1 of each year by check or draft mailed to the Registered Owner at his address ' as it appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable interest payment date, on the registration books of the City kept by the Bond Registrar; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request and at the expense of such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. 1 4182-0-Ordinance 32 1 I [FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BOND] PRINCIPAL AMOUNT AT 1 DATE OF ISSUANCE PER $5,000 RATE OF INTEREST ORIGINAL DATE MATURITY AMOUNT CUSIP December ,2004 ' REGISTERED OWNER: ' MATURITY AMOUNT: ' KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida (the "City'), for value received, hereby promises to pay to the Registered Owner ' designated. above, or registered,assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Maturity Amount shown above, upon presentation and surrender hereof at the corporate trust office of Wells Fargo Bank, N.A., Jacksonville, Florida, as Bond Registrar and Paying Agent; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request and at the expense of ' such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. The Maturity Amount and premium, if any, of this Bond are payable in lawful money of the United States of America. [FORM OF REMAINING PARAGRAPHS FOR ALL BONDS] This Bond is payable from and secured solely by a lien upon and pledge of (i) ' the Net Revenues to be derived from the operation of the System, (ii) Capital Facilities Charges, (iii) (iii) the moneys on deposit in the Funds and Accounts, (iv) certain Investment Earnings, and (v) the Special Assessments (collectively, the 'Pledged ' Revenues"), all as defined and provided in Ordinance No. 15-95-7 of the City, duly enacted on November 13, 1995, as supplemented by Ordinance No. 15-96-8, duly enacted on March 11, 1996, and Ordinance No. 15-04-10, duly enacted on November ' 22, 2004 (collectively, the "Ordinance") hereinafter referred to on a parity with the City's outstanding Parity Bonds. This Bond does not constitute a general obligation or indebtedness of the City, and it is expressly agreed by the Registered Owner of this ' Bond that such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the City, or the taxation of any property of or in the City, for the payment of the principal of and interest on this Bond or for the ' making of any sinking fund, reserve or other payments provided for in said Ordinance. It is further agreed between the City and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof, or on any other property of or in the City, but shall 1 4182-0-Ordinance 33 1 I constitute a lien only on the Pledged Revenues, in the manner provided in the Ordinance. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND APPEARING ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH ON THE FACE HEREOF. It is hereby certified and recited that all acts, conditions and things required ' to be performed to exist and to happen precedent to and in connection with the issuance of this Bond, have been performed exist and have happened in regular and due form and time as required by the laws and Constitution of the State of Florida ' applicable thereto, and that the issuance of this Bond, and the issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the Certificate of Authentication hereon shall have been executed by the Bond Registrar. ' IN WITNESS WHEREOF, the City of Atlantic Beach, Florida has issued this Bond and has caused the same to be executed by the Mayor or the Vice-Mayor of the City, either manually or with his facsimile signature, and the corporate seal of said City or City Commission, or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile signature of the City Clerk of the City, all as of the day of December, 2004. CITY OF ATLANTIC BEACH, FLORIDA ' (SEAL) ' Mayor ATTEST: t City Clerk 1 1 ' 4182-0-ordinance 34 1 I BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION I This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. ' f NAMEI As Bond Registrar ' By Authorized Signature Date of Authentication: December , 2004 1 1 1 1 ' 4182-0-Ordinance 35 I t i (MATERIAL APPEARING ON REVERSE OF BONDS) IThis Bond is one of an authorized issue of Bonds, originally issued in the aggregate principal amount of $ , of like date, tenor and effect, except I as to number, interest rate, and date of maturity, issued to refund a portion of the City's outstanding Utilities System Revenue Bonds, Series 1996 of the City previously issued to finance improvements to the System, under the authority of and in full I compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law, and the Ordinance, and is subject to all the terms and conditions of said I Ordinance. Capitalized terms used herein shall have the meaning specified in the Ordinance. The Bonds are issuable only as fully registered Bonds in the denominations or IMaturity Amounts of $5,000 or integral multiples thereof This Bond is transferable and exchangeable for Bonds of other authorized denominations at the office of the Bond Registrar, by the Registered Owner or. by a person legally empowered to do so, I upon presentation and surrender hereof to the Bond Registrar together with a request for exchange or an assignment signed by the Registered Owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar, all subject to the I terms, limitations and conditions provided in the Ordinance. No charge will be made for transfer or exchange, but the City or the Bond Registrar may require payment of an amount sufficient to cover any tax or other governmental charge payable in I connection therewith. The City and the Bond Registrar may deem and treat the Registered Owner as the absolute owner of this Bond for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and ' neither the City nor the Bond Registrar shall be affected by any notice to the contrary. The City has entered into certain covenants with the Registered Owners of the I Bonds of this issue for the terms of which reference is made to said Ordinance. In particular, the City has reserved the right to issue additional obligations payable from and secured by a lien upon and pledge of the Pledged Revenues on a parity with the I outstanding Parity Bonds and the Bonds of this issue and series, upon compliance with certain conditions set forth in the Ordinance. The City has also reserved the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon I making provision for payment of the Bonds as provided in the Ordinance. • The Bonds maturing in the years to are not subject to redemption I prior to their stated dates of maturity. The Bonds maturing on October, 20_ and thereafter are redeemable prior to maturity, at the option of the City, in inverse order of maturity, and by lot within maturity if less than a full maturity, from any moneys legally available therefor, at a redemption price, expressed as a percentage of the Iprincipal amount of the Bonds so redeemed, if redeemed during the following periods: I I 4182-0-Ordinance 36 I I Redemption Period jBoth dates Inclusive( Redemption Price 1%1 ! (INSERT TABLE) iThe Bonds maturing in the year _are subject to mandatory redemption prior ' to maturity by lot at a redemption price of par plus accrued interest to the date of such redemption on October 1 of each year in the years and amounts as follows: ' Year Amount Year Amount (INSERT TABLE) Notice of such redemption shall be given in the manner provided in the Ordinance. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of ' Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. STATEMENT OF INSURANCE (INSERT STATEMENT OF INSURANCE, IF ANY] 1 The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to ' applicable laws or regulations: TEN COM -- as tenants in common ' TEN ENT -- as tenants by the entireties t JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cult.) ' Custodian for under Uniform Transfers to Minors Act of ' (State) Additional abbreviations may also be used though not in list above. 4189-0-Ordinance 37 1 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns, and transfers unto (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated Signature Guaranteed: ' Signature shall be made by a guarantor institution participating in the Securities ' Transfer Agent Medallion Program or in such other guarantor program acceptable to the Registrar. I NOTE: The signature(s) on this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 1 1 1 1 1 aras_rcn.a;.,R„r.. 38 I I I I I I I I I I I I I I I I I I I AGENDA ITEM#8A NOVEMBER 8,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Tom McMenemy SUBMITTED BY: Don Ford DATE: November 1, 2004 ' BACKROUND: Tom McMenemy has removed a 24 inch diameter Oak tree from the Right of Way adjacent to his home at 1845 Hickory Lane. After a complaint from a neighbor city ' staff referred Mr. McMenemy to the Tree Conservation Board. The tree had been identified on a tree survey from the Selva Marina St. resurfacing project and was ' protected during the project. Mr. McMenemy feels the tree was a possible danger to his home and is appealing the mitigation accessed by the Tree Conservation Board.City Code section 23-17(1) determines the tree was protected. The Tree Board mitigation is per the current market rate for a planted on site replacement tree at $117.00 per inch. ' Total mitigation required is 24 inches at $117.00 per to equal $2,808.00 BUDGET: N/A ' RECCOMENDATION: Affirm Tree Board mitigation. ATTACHMENTS: Letter to McMenemy, Tree Board motion of June 30, ' 2004, Survey locating tree on ROW, and letter from Tom McMenemy of June 15,2004. REVIEWED BY CITY MANAGE: S AG. DA ITEM NO. 1 E AGENDA ITEM#8A NOVEMBER 8,2004 -r5 CITY OF ATLANTIC BEACH BUILDING AND PLANNING � � �5 800 SEMINOLE ROAD ts1 ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE:(904)2475800 FAX: (904)247-5845 G-*wr.'g h[[p://cLatlandc-beech fl os r4 Tuesday, August 17, 2004 Tom McMenemy 1845 Hickory Ln. Atlantic Beach, Fl. 32233 Subject: Tree removed on City ROW ' Dear Sir, ' The city staff has reviewed the information from the Building Department and determined the oak tree cut down in front of your residence at 1845 Hickory Lane is on the City of Atlantic Beach right of way. There are no extenuating circumstances that ' would preclude mitigation for the removed tree. By this notice the required replacement of the tree will be at 100% of the removed inches in diameter at 54 inches from the ground. The tree measured 24 inches from a survey completed in 2003 by the city. The total replacement will be 24 inches or payment into the tree fund of $2808.00 ($117 per inch) or any combination of trees replaced and the balance paid into the tree fund. Oak trees must be replaced with oaks. ' This notice requires payment within 30 days. After 30 days this case will be turned over to the Code Enforcement Board. Under Na. Statutes 162.09 the Code Enforcement Board ' may impose fines of up to $5,000.00 per tree. Please contact this office at 247-5826 if you have any questions. t cerely, Don C. Ford CSO ' Building Official Cc: City Manager ' Code Enforcement File I CEAGENDA ITEM 88A NOVEMBER 8,2004 Minutes of June 30, 2004, Special Called Meeting of Tree Conservation Board L Page 2 New Business i-'' A. Tree Removal Applications 1. 1845 Hickory Lane: Building Official Ford advised that a 24" oak had been removed without a permit and it was approximately three feet from their property line in the city right-of- t way. He further advised that the owners took out a total of four trees, three on their lot and the one located on the city right-of-way. t A motion was made by Board Member McCue, seconded by Board Member Fermenter, and unanimously carried to request that the Building Official assess mitigation at 100 percent for a 24" oak at $117 per inch. In addition, that the Building Official discover the ' name of the tree removal firm and that some appropriate action be taken against this tree removal firm for not going through the proper channels and discovering whether they could legally remove the tree on the city right-of-way. Discussion was held with regard to fining tree removal companies who cut down trees illegally. Building Official Ford advised that over $6,000 had been assessed in the last month for trees that ' were removed without a permit. Discussion was held with regard to notifying the newspapers so that an article could be written to educate the community. ' Building Official Ford advised that the new Public Works Director did not want to be involved in tree mitigation in the future but wanted the Tree Conservation Board to assess mitigation at 100 percent on trees removed from city right-of-way. Building Official Ford stated that in the future ill the board would make a recommendation to the Building Official instead of the Public Works Director. 2. Part f Lot 1, Section 18,Township 2, Section H (Lot 1) (Kestner Road): Building Official Ford that the 8"pine, the 20"pine and the 15"pine were all located in the city right-of-way. ' A motion was made by Board Member Permenter, seconded by Board Member McCue, and unanimously carried to recommend that the Building Official issue a permit for the removal of an 8" pine, a 20" pine and a 15" pine in the city right-of-way to be mitigated with a 4" oak, a 5" oak, a 6" oak, an 11" oak, a 4" maple, a 5" oak and an 18" pine. A motion was made by Board Member Fermenter, seconded by Board Member McCue, and unanimously carried to direct the Building Official to issue a permit for the removal of one 14" pine to be mitigated on site with one 12" pine. 3. Part of Lot 1, Section 18,Township 2, Section H (Lot 2) (Kestner Road): ' A motion was made by Board Member Fermenter, seconded by Board Member McCue, and unanimously carried to recommend that the Building Official issue a permitfor the removal of an 18" pine, a 7" pine and a 20" palm in the city right—of—way to be mitigated at 100 percent at $117 per inch. A motion was made by Board Member Fermenter, seconded by Board Member McCue, and unanimously carried to request that the Building Official issue a permit for the removal of two 12" pines, an 8" myrtle and a 30" oak to be mitigated on site with two 4" oaks, one 3" oak, one 5" oak and one 18" pine. I A ' d I _ H• - / 1 I I Cl 20 IE.45EMENT AGENDA IT8,20M 8A i ' ___ 11 �_� NOVEMBER 2004 7 AS — 11 it I I I \ 2711 I II I 15 I 1Q0r I I A i_____________±_____ I I ____1 ,I Q If F' 1 I IIi I / t it I I ; I I I . 1 26 -I 16 1 I I I 77 Ifs{ r J. �I� I� .00s t�"'\ .d` REMATCH AREA! 1YF£2 TO mum A 1 v alai 'm` _ae y+ `e''4,441 .L.w..�. ,,, cp.a — .. -7r* r N ..,.. r. Q'API P , c,r--errde Fs a.dl R' `rs Ia' e �`l Laa `� EbSTPID PAIAELEERT 1 4. 24 I Du ARCA. �a7 1A '� cd IEPAR (SIE Dam. d r'3 17 12 SPI Cif:. 11 e I GAcsou,t CRDOND UnUnfS MUST BE INST 1 I ALL Cqv E`U-fD PRIOR TO PRfpAfllRa or II I I R6ScsamucTM 06YAIERIALS SMALL YEET OTY BTANDARDE FDR urnD SAVE ErtREES !. FOR SLD ES A5DVE YOLMUYPER9DN CONm TPRDPoREOAD �TM TO ��4 NEaNONSROPER I ALn Tim S ASPHALTIC CONC Rd0 T19E 5!-----_______ -1 ' R sTo.) RadOVE AND RECRADE MISTING60 RAT • WAY MATO/ EXISTING VARIES ]S MATCH EkmNO AlS BASE.- M . Lea 75 11-10 iD.ai.MSI�S i-190 DIEPI YA S LVNSIRUCIID SUB-BASF YIN. LBR. ]D 99Z YACDP(9TY I 6• WYPACIED TO A AGENDA ITEM#8A NOVEMBER 8,2004 Date:,June 15,2004 To:Maureen Shangbnseey From:The McMenemy Family Subject:Tree Removal My wife and I reside at 1845 Hickory Lane.We have been residents of Atlantic Beach since September 1992.We selmted this area because of its charm and natural beauty.We plan to retire and live in this house for many years to come. LOver the last twelve years we have encd eaophes involvintrees. The first was a wake up call when a heavy tree limb literalsevlyral fell onnear thecatrostrof in the middle ofg the night.To our surprise,this tree was hollow inside and it was recommended that we remove it to eliminate any future destruction. Since it was next to the house and extended over a major part of ' our roof,we decided to remove it. Less than a year later,I tried to leave kr work on a morning after a windstorm,and to my surprise a large tree fell across our driveway,blocking the exit from the garage.We were ' fortunate that it did not cause any injury or property damage.Again,the tree company said this tree was just an accident waiting to happen. After this event we started to pay closer attention to our trees and trying to trim them as needed. When the roads were surveyed for resurfacing I met the survey team one Saturday ' morning when they were reviewing the streets and surrounding trees.They were looldng at the trees in the median and did not look at any trees on our property line.Once the responsibility of the roads transferred to the city.I stopped trimming any trees in the median. Two years ago,we bad another company out to bid on trimming and at that time they recommended treatment for one and the removal of two other trees.They offered a vivid demonstration by pushing a long screwdriver into these trees.One was very close to the house and the other was on the edge of your property.The one close to the house had obvious implication because of a prior experience.The other was pointed towards our neighbor's house. We knew we would eventually have to remove these hazards. Recently we had a tree company out and I asked for a quote,which included removing the tree on the edge of our property line.We were assured the tree could be legally removed.We moved forward with the quote and the tree was removed about fourteen day ago. • About a week later,Don Ford,from the City of Atlantic Beach,visited us.He informed us that this tree is on a Right Of Way and basically belongs to the city and we did not have the - I right to remove it.We are not intere,Rcd in dear-cutting our property to spoil the beauty of our surroundings.Our intentions were honorable and we wanted to protect our neighbors from any unforeseen damage or injury.If we had known this was the city's responsibility,we would have ' involved them and certainly wouldn't have paid to remove this tree. We are appealing to you in considering this action as an honest mistake and not an intentional violation of policy. ' Mr.Ford informed us that your next meeting is on June 23'^and we would like to attend and meet with the Board to discuss this situation. • _ Sincereyj, ' om McMenemy ✓ ' (904)247-6537 AGENDA ITEM#86 iii NOVEMBER 8,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Beaches Habitat for a Waiver from the Subdivision Regulations to allow development of individual lots to begin prior to final completion and acceptance of street, drainage and utility improvements. SUBMITTED BY: Rick Carper, P.E. Director of Public Works DATE: 11/8/2004 ' BACKGROUND: The subdivision plat for the Cornell Two / Scheidel Court project was approved by the City Commission in May of this year. The COAB Zoning, Subdivision and Land Development Regulations require that road, drainage and utility improvements be completed and accepted by the City prior to issuing building permits for development of individual lots. See attached Sections 24-235 and 24-252 (c). ' Beaches Habitat is requesting that the City waive this requirement in order to make best use of several volunteer opportunities, totaling many volunteer man-hours, for construction labor that will not be available at the time the project would meet the standard requirements to allow individual home construction. Beaches Habitat has proposed providing an Assurance Bond to guarantee proper completion ' of improvements. In addition, they concur with a prohibition for issuance of Certificates of Occupancy for all homes constructed under this waiver until a certificate of completion has been issued for all required improvements. RECOMMENDATION: Staff recommends the Commission authorize the requested waivers. ' The Public Works Director shall be responsible for coordinating with Beaches Habitat to ensure all improvements are properly constructed, documented, and accepted by the City for maintenance and operation. The Community Development Director also recommends approval of the request finding that approval supports the following policy from the Housing Element of the Comprehensive Plan. PolicyF1.1.5 The City shall continue to provide assistance and incentives where ' possible to encourage new affordable housing and preservation of existing housing stock through the CDBG funded housing rehabilitation program and through assistance to ' organizations such as Beaches Habitat and Builders Care. ATTACHMENTS: Beaches Habitat Waiver request Letter dated October 28, 2004 ' Application for Subdivision Waiver by Beaches Habitat with attachments. BUDGET: There is no budget impact to the waiver request. REVIEWED BY CITY MANAGER: ` may AGENDA ITEM RBB NOVEMBER 8,2004 COAB Zoning, Subdivision and Land Development Regulations — Subdivision Regulations (emphasis added) Sec. 24-235. Issuance of certificate of completion. IUpon completion of construction of all required improvements,the developer shall provide the building official the following. (1) A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval. (2)The testing reports and certificates of compliance from material suppliers specified in this article. (3) Three (3) sets of as-built construction plans. (4) Certification from a registered engineer,with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans. (5) Upon receipt and review of the above items, and after satisfactory final inspection,a certificate of completion shall be issued by the building official. (Ord. No. 90-03-184, § 2, 12-8-03) ' Sec. 24-252. Streets (c)Access to paved streets required. Every lot, development parcel or new subdivision shall have access to a paved street dedicated to public use, which has been accepted and maintained by the city. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city and prior to the issuance of any building permit to develop individual lots or parcels. 1 EAGENDA ITEM#8B NOVEMBER 8,2000 r{ t " QA L Beaches Habitat Habitat for Humanity of the Jacksonville Beaches, Inc. IOctober 28, 2004 I Ricky L. Carper,P.E. I Director of Public Works/City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach,FL 32233 I Re: Scheidel Court Application for Subdivision Waiver ' Dear Mr. Carper, The purpose of this letter is to request the support of the City of Atlantic Beach Public Works department for ' our apppplication to the City of Atlantic Beach commission to waive Sec 24-252 paragraph (C) of the Land Development Regulations.The reasons for this request are as follows: I • A realistic estimate of attaining the required certificate of completion for the Scheidel Court subdivision is April 2005. Beginning house construction at this time will cause Beaches Habitat to cancel such events as: I o Building on the Dream (community effort of approx. 200 volunteers on one Saturday.) o Collegiate Challenge (national program that will bring in an estimated 6,000 community service hours and allows college students an alternative spring break experience) o RV Care-A-Vanners (national program that will bring in an estimated 1,200 I community service hours) • Currently,Beaches Habitat has had to reduce regular Saturday volunteers from 40 to 25 based I on a recent reduction in the number of available houses to work on. Further delay on the availability of houses in Scheidel Court for house construction will only worsen this already undesirable situation. I • There are alternative measures that can be taken to ensure the City of Atlantic Beach a quality road and utility construction. These are: o Requiring Beaches Habitat to provide an assurance bond on the construction work. I This is a measure that City of Jacksonville requires and has proved successful in the past. For the purposes of the Scheidel Court development,this will have a value of approximately$250,000. I o Allow house construction,but disallow certificate of occupancy for houses built in the S/D until certificate of completion is attained for road and utility work. ' P.O. Box 50939 • Jacksonville Beach, Florida 32240 • (904) 241-1222 AGENDA ITEM#88 NOVEMBER 8,2004 Ii Ricky L. Carper, P.E. Director of Public Works Page 2 of 2 Beaches Habitat would also like to point out that the reasons for our request are unique from what one would expect from a usual developer. Our need for this waiver is based upon the timing of Collegiate Challenge and our need to have work available for the college students. Should you or you staff have co ents or require additional information, feel free to contact us at your convenience(241-1222). 1 Since y, C L Charles E.Kennedy.P.E. Site Acquisition Committee cc: Ralph Marcello 1 1 1 AGENDA ITEM#811 NOVEMBER 8,2004 #i',• tts St4a.Ly OCT 2 8 2904 „ , ` BY: APPLICATION FOR SUBDIVISION WAIVER City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233 G Phone: (904)247-5800 • FAX (904) 247-5805 http://www.coab.us Date /0 .2 e File No. S uJ - 3H Receipt 1. Applicant's Name 4}A3tTAT� "t-ca Sku M4i� TN at1Y of ' E .�hcic Sc M'4 M1.iE k� 2. Applicant's Address {(4:1-1r -I tJA[V U5 MI6 !4T LANv1 c BEA-Ci.( ft 32233 3. Property Location Co¢neu- N6i 4. Property Appraiser's Real Estate Number ( r}+4-L2, OODO 5. Current Zoning Classification l26—Z 6. Comprehensive Plan Future Land Use designation� s p2e 7. Requested provision(s)from which waiver is sought: LAN() 0FUE L n&E. \ Gtnl.q'TfonAS 5EcttOAJ Z4 - 2-5 2-Z Ccs 8. Size o,Parcel , SC A{,Q€S 9. Utility Provider Cfl df }}b.A'jTtc Bead- 10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. (See attached Section 24-191.) 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies(4) d. Application Fee($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): e (. a A •re'0 I.a Signature(s): ,X ADDRESS AND CONTACT INFORMATION1OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: C�J'\t'Av- 1L 5 E, ex, n /� pp Mailing Address: (p 1Fr \S A -1 an t -VP S Ai-(Oa\41 C., 6e0A . 32233 Phone: 24!'- 1 Zz 1. FAX: 1-41 — 4310 E-mail:C.kLbnckIof, e ne#- IIAGENDA ITEM#8B NOVEMBER 8,2004 L 1; I gi L 1 ail s gr uI P Fhb bl R l i I $ II °` ., t s2i ISI k a I I y, I I ---4---/ I-1. Ilya' P. ' ,? 1 1 ' IP. / a s �2, w �M It ,. 1.!..'.1! � 1 i. , I v�`J' ✓! 1 N A /�k jtP { J 1. I ' i 2 11 TI •1 i I. 1 ' .S,aJI 1. P ' � y ! 1! niv � >4 r 1. It pit! 1 I i • 4J�1 I. 1. 0.1 f :� :1 Qe R. 1 I l} I. ' s c$l $ I 5��� s woes �, am I i 1 1 IL I I a c FObp�,'q 4\ a I �°" eW 1 NP1114 E !/E4111 'i iti e� 011111; IIIA ® s I 97 1 D 01110, Oy 111• y hg lie a jlP� �g�'sIg�111 lili8 ''1 �9 ei9ll 3 , l i,l.Ii1. `3. ill g 111 Heli 1„q-P LAGENDA ITEM#8C `r NOVEMBER 8,2004 t f October 28, 2004 i MEMORANDUM ' To: Mayor and Commission From: Jim Hanson itv Subject: Design for Five Point ntersection ' Attached for your review is a drawing of proposed improvements to the five points intersection. Comments from some of our elected officials led the staff to bring in an outside consultant to ' - - make further improvements to the proposed design. We plan to present this with cost estimates during the regular commission meeting on November 881. In the meantime if you have any questions or need any additional information please let me know. cc: Rick Carper, Public Works Director •1 LAGENDA ITEM NBC NOVEMBER 8,3004 I o a , et I _ I s I - fir _ ---TV PLAZA Es' � ! Pl = I. I I G0 O , I PLAZA DR. -_ 4Tt )1 �I '1 4I `24,7 2 0 1 Lg O I ti 9z / \ ' I. ,1 . 0 , IO 0 0 I Imo__ a O ° Y u / O m x / ° ofp I I I AGENDA ITEM#9A NOVEMBER 8,2004 t November 2, 2004 EMEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso SUBJECT: City Manag is Report Chance in Administration Policy Concerning Beach Renourishment Projects; Some time ' ago it was reported that President Bush had proposed a change in policy relating to beach renourishment that would affectively remove the federal government from the funding process in the future. Apparently the President has heard enough from our senators, congressmen and the ' general public that the following guideline was issued from the top level at the Corps of Engineers; "Although the administration had proposed that, beginning in FY 2005, beach renourishment would be considered a non-federal responsibility equivalent to operation and maintenance responsibilities and other types of projects, the administration does not plan to implement this new policy without congressional concurrence." Skate Board Park; At the last meeting, it was reported that the city had received only one bid ' for the skate park construction and would rebid the project to encourage more bids. The current plan is to amend the requirement requiring a minimum of five-years experience in skate park construction and allow instead that any company with either skateboard construction experience (bowl type skateboards) or swimming pool contractors could bid the job. However, a point system will be put its place that gives substantial credit for past experience in skate park construction. The date for the next round of bidding is November 23r6. 1