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Agenda Packet 12-13-04 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING DECEMBER 13,2004 AGENDA Call to order 1 Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of November 22,2004 2. Courtesy of Floor to Visitors A. Ann Murphy and Bill Watson with Comcast to present a check to the City of Atlantic tBeach for$5,000 3. Unfinished Business from Previous Meetings 1 A. City Manager's Follow-up Report 4. Consent Agenda ' ALL MAILERS 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 Works and Utility Department Monthly Report, 1 Utility Sales Report for November, and Report of New Occupational Licenses issued in November(City Manager) B. Authorize Mayor to sign agreements with Florida Department of Community Affairs for FEMA hurricane reimbursement(City Manager) ' 5. Committee Reports A. Report and recommendation to appoint a member to fill a vacancy on the Cultural Arts and Recreation Committee(Commissioner Simmons) 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 60-04-15, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, ADOPTING ORDINANCE NUMBER 60-04-15,WHICH SHALL AMEND CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES,AS PREVIOUSLY ADOPTED AND t AMENDED THROUGH ORDINANCE NUMBER 60-03-13; TO ADD NEW SECTION 17-29(a) (3)v.; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE 1 1 8. Miscellaneous Business A. Request from Beaches Habitat for approval of Final Subdivision Plat for Scheidel Court(City Manager) ' B. Discussion and recommendation on amending Section 23-36 of the City Code to require residents to maintain the area between the right of way line and edge of pavement(City Manager) ' C. Discussion and action on request from Bob, Kathy, Al and Mary Frosio for a waiver from Section 24-255 (a)of the Subdivision Regulations seeking approval to create two new lots within property located at 151 Club Drive (east of Ocean Boulevard) ' that are less than 75 feet in width and less than 7,500 square feet in Lot Area(City Manager) D. Award Bid No. 0405-1 (Rebid), Oceanside Rotary Skate Park Project, to Grindline ' E. Skateparks,Inc. in the amount of$175,000 (City Manager) Award Bid No. 0405-3, Renovation of Dune Walkovers,to Schippers Marine Construction in the amount of$52,642 (City Manager) 1 F. Request from Bestcon Homes to Allow Construction of Houses in Paradise Preserve prior to Completion and Acceptance of Streets and Utilities(City Manager) G. Notification of terms expiring on December 31, 2004 for two Community Development Board Members, Lynn Drysdale and David Maclnnes(City Clerk) 9. City Manager ' A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney ' 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 Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how _ the matter is stated on the agenda. ' In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,December 10, 2004. ' 2 1 MINUTES REGULAR CITY COMMISSION MEETING NOVEMBER 22, 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 Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of November 8,2004 t Commissioner Waters pointed out a scrivener's error found in the results of w the vote for Item 7C on Page 12, and indicated that he, not the Mayor, voted nay. I Motion: Approve the Minutes of the Regular Meeting of November 8, 2004, as amended to correct the scrivener's error found on Page 12. Moved by Waters, seconded by Parsons Votes: Aye: 5—Beaver, Parsons,Simmons, Waters, Meserve Nay: 0 1 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Joseph Quest of 960 Hagler Drive in Neptune Beach indicated that he owned nine properties in Atlantic Beach, some of which were located within a two-block area of Mayport Road. Mr. Quest noted an increase in crime near several of his properties and requested that the city provide additional funding for crime prevention and the cleanup of Mayport Road. Mr. Quest believed surveillance video cameras would provide a needed deterrent to crime in the Donner Park area and stated he would be willing to spearhead a drive to research and purchase the equipment. 2 a November 22, 2004 REGULAR COMMISSION MEETING Pape 2 Mayor Meserve indicated that the Mayport Road improvements were a number one priority with the city. He also recounted his efforts to set up a Neighborhood Watch Program as a deterrent to crime. The Mayor requested that Mr. Quest make an appointment with him to further discuss 3 his concerns, and indicated he would also arrange an appointment with Chief Thompson to discuss crime prevention. 3 Sally Clemens of 1638 Park Terrace West requested that information be provided concerning the sculpture placed by the fire station. She indicated that citizens would like to know the name of the sculptor, the title of the sculpture, and the cost. Ms. Clemens also commented on an article she read in U.S. Today titled "Voters Show They Want More Say in Growth Issues", and indicated that the citizens of Atlantic Beach were not alone with this concern. Alan Potter of 374 2nd Street spoke in opposition to the refunding of the 1996 Utility Revenue Bonds (Item 7A) as being a waste of taxpayers' money to borrow$18.8M,which included 5% costs, to pay off the$17M currently owed. Mr. Potter stated the city could not make money by borrowing money and suggested the city pay down the amount owed on the bonds with surplus funds to retire some of the bonds early. He believed it was no benefit to the city to give money away to the bond counsel and he urged the Commissioners to vote against adoption of the bond ordinance. Mayor Meserve stated that Mr. Potter had expressed his opposition on several occasions and left the meeting before discussion of the items. The Mayor assured Mr. Potter and the other audience members that the city would not consider the bond refunding if there were no savings over the length of the current and new bond issues. City Manager Hanson deferred to Finance Director Van Liere for the explanation. Finance Director Van Liere indicated that with the current interest rates, the city would realize a net present value savings of$908,000 at 5.1% interest rate. He indicated that the refinancing would reduce the city's debt service payments by$65,000 per year. He further indicated that all of the city's costs associated with the issue were included in the savings. Finance Director Van Liere stated that the city's estimated costs, included in the savings, were $255,000. Mayor Meserve recapped Finance Director Van Liere's comments and pointed out that the debt was not being extended by issuance of the new bonds, and they would have the same payoff date of 2025 as the current 3 bonds. J. P. Marchioli of 414 Sherry Drive commented on the following items: (1) Suggested that additional lighting be considered for the Five Points J 3 November 22, 2004 REGULAR COMMISSION MEETING Page 3 Intersection for safety reasons, (2) Suggested that pertinent information from the city's new Traffic/Parking Ordinance be included in the Tideviews Newsletter, (3) Suggested that residents who put too much trash curbside for pick up be charged for the overage from the maximum amount allowed, and(4) Complimented the city on the layout of the new water bills and the statistical information included in the bill. Valerie Britt of 378 Tilefish Court,Jacksonville stated she would like to speak under Item 10A, and if not allowed to speak, she would distribute a handout to the Commissioners concerning Johnston Island and the Future Land Use Map (FLUM). Commissioner Beaver indicated that he had this item placed on the agenda, but during the previous week he received information, which addressed his concerns and no additional discussion was needed. Commissioner Beaver withdrew Item 10A from the agenda. Ms. Britt distributed the handout to the Commissioners. 1 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson commented on each item included in his written report. Beach Renourishment Consultant It was reported that Kevin Bodge of Olsen and Associates had been hired by the three beach cities to represent them in matters of beach renourishment for Duval County. He indicated there was a typographical error in the percentage amount of the $9,000 fee to be paid by Neptune Beach and it should read 17%,not 27%. Marshland Ownership It was reported that most of the marshland located adjacent to the city was owned by the Buckman Trust. Commissioner Waters pointed out that the marshes were not public domain as often thought, and inquired as to what the Buckman Trust could do with the property. 3 Discussion of the use of the marshland ensued. The Mayor requested information concerning the Buckman Trust. i a 3 3 November 22, 2004 REGULAR COMMISSION MEETING Pau 4 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report, Utility Sales Report and Public Safety Report for October 2 Commissioner Waters reviewed the statistical data under Reported Crimes in the Public Safety Report and commented that some categories of crime were going up. He then requested an explanation of the difference between a burglary and a larceny. Chief Thompson explained the difference between the two categories of crime and indicated the department was working on reducing the number of burglaries. It was reported that the increase in sexual offenses were related to family matters. Mayor Meserve inquired concerning the difference between the number of gallons pumped and the number of gallons billed comparing October of 2003 with October 2004. City Manager Hanson explained that the reason it had changed so much was caused by the fact that the meters at the water plants were read once a month and the individual meters were read for billing in four cycles. He indicated that on a month-by-month basis the figures were thrown off, but the four-month average presented a truer picture of what was happening. Motion: Approve Consent Agenda Item A as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee Report Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, updated the Commissioners on the events sponsored by the committee during the past five months. He indicated there was one vacancy on the committee and the current membership represented a diversity of backgrounds between the cultural arts and recreational aspects of the committee. Mr. Pritchett commented on several programs offered by the Recreation Department, which included Acoustic Nights, which proved to be very popular and the Songwriters' Concerts both of which would resume in the spring. He indicated that the Teen Council surfing contest was held last month, and they also had sponsored a triathlon and skate lab. Mr. Pritchett reported that the Art in Public Places Committee was making good progress and had attained their 501(3)(c) status. He indicated that RFP's for I 13 November 22, 2004 REGULAR COMMISSION MEETING Page 5 artwork had been issued for the Five Points and Adele Grage Cultural Center areas to display some type of art on a rotating basis. He further reported that the Recreation Department sponsored the city's first annual 5K Fun Run on August 1St, which they hoped would turn into an annual event. It was also reported that the Little League sixth annual Fall Farewell was held over the weekend with forty-two graduates and two scholarships being granted. Mr. Pritchett reported that future events included the Navy Band Brass Quartet performing at the Christmas Tree Lighting on December 4'h, a spring Art Festival in May and a Teen Council sponsored movie in the park sometime in the spring. In response to Ms. Clemens' comment on the sculpture located at the Five Points intersection,Mr. Pritchett responded that a formal dedication ceremony would take place as soon as a brass plaque for the sculpture is received. He indicated that the sculpture was called"The Elements". Commissioner Simmons stated that she thoroughly enjoyed the Acoustic Nights and encouraged the entire community to participate in the event. Commissioner Simmons suggested the Committee consider promoting events highlighting neighborhood walks or something to promote Dutton Island and Tideviews Preserves. Action on Resolutions 6. Action on Resolutions There was no action on Resolutions. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 15-04-10 Public Hearing and Final 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 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 a November 22, 2004 REGULAR COMMISSION MEETING Paee 6 S 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. di The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 15-04-10 as amended on final reading. The Mayor opened the floor for a public hearing. Alan Potter of 374 Second Street reiterated his previous comments concerning the proposed bond issue. He reminded the Commissioners that the present bond issue cost the taxpayers $1,113,000 in fees and the 1111 proposed bond issue included 5% of the total issue or$1M in fees. He believed that if the city really wanted to save money, it should pay off$1M 1 of the present bonds early. al J.P. Marchioli of 414 Sherry Drive believed the citizens should be y informed in a simple, easy to understand format of all of the costs associated X13 with the refinancing and how the money will be spent. No one else spoke and the Mayor closed the public hearing. 4 City Manager Hanson emphasized that the cost of the bond issue was not J 5%. He indicated that the estimated cost for issuance of the bonds was $250,000 and the money from the 1996 bond issue was spent with the completion of the Core City Project. City Manager Hanson further stated J that a listing of how the funds were spent could be obtained from Finance Director Van Liere's office. He further indicated that the city was refinancing outstanding debt. City Manager Hanson informed the Commissioners that the ordinance given to them included a change to remove a particular onerous provision, which was included in the previous ordinance that to sell equipment valued as low as$25,000, special permission must be obtained from the bond holders. He indicated that updated language relative to the sale of used equipment and disposition of funds derived from the sale were included in the ordinance. City Manager Hanson further indicated that the minimum savings on the bond issue that he would be authorized to signoff on December 7, 2004, would be 3%. It was reported that as of this afternoon, the savings rate of 2 a 19 November 22, 2004 REGULAR COMMISSION MEETING Page 7 r the bond market was recalculated at 5.1%. He indicated that if the net present value of savings were not at least 3% at the time of the sale, the bonds would not be sold. 3 Mayor Meserve explained the reasons for financing long-term capital projects with bonds. He pointed out that if reserve funds were used to pay down the bonds, the interest gained on the invested funds would be lost over time, and the city would be paying for a long-term capital program with today's dollars,with the burden falling to current residents,while future residents would get a free ride. Finance Director Van Liere commented that the city's reserve funds were earmarked for future projects and presently there were more projects than available funds. He pointed out that if the bonds were paid off from reserves, the city would be borrowing funds in the future for capital projects. Commissioner Waters inquired as to what the interest rate should be to determine if it was worthwhile to refinance the bonds. Jack McWilliams, whose company Livermore, Freeman and McWilliams,P.A., was chosen bond counsel for the city explained that today's interest rate was 4.13%, down from the 5+%previously mentioned. He indicated he wished to address some of the comments made by Mr. Potter. Mr. McWilliams r/1 indicated that the city's Financial Advisor was Dunlap and Associates, and it was their job in this transaction to represent the city and keep the costs associated with the transaction as low as possible. He indicated that they would also work closely with the Underwriter, who is the critical person in the transaction. Mr. McWilliams explained the process for issuance of the bonds and indicated that all information concerning the sale was available to the public through the Financial Advisor's office and the Finance Director's office. Mr. McWilliams read a hypothetical list of costs of issuance for the bonds based on the current day's interest rate and indicated the cost would be $2.85 per$1,000 of bonds, which he deemed reasonable due to a competitive market. Mr. McWilliams stated that the 1996 bonds could not be paid off early and indicated the bonds could not be called before 2006. It was pointed out that the principal amount and interest rate would not be known until the day of the sale, and if the city decided not to refinance the bonds on that day, there would be no costs to the city. Discussion of escrow accounts and previous bond refundings ensued. Moved by Beaver, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 I a November 22, 2004 REGULAR COMMISSION MEETING Paee 8 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request to authorize Builders Care to perform CDBG funded housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004-2005 FY CDBG contract(City Manager) Motion: Waive formal bid procedure and authorize Builders Care to perform CDBG funded housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004-2005 FY CDBG contract. Community Development Director Doerr explained the request as written in her staff report, which is attached and made part of this official record as Attachment A. Commissioner Parsons inquired concerning the age of the home. It was reported that the homes in that area were built in the 1950's and 60's. Moved by Beaver, seconded by Simmons Votes: Aye: 5 - Beaver, Parsons, Simmons,Waters,Meserve Nay: 0- MOTION CARRIED B. Provisions for discussion related to Bracket Signs within Town Center and the Central Business District (City Manager) City Manager Hanson provided background information concerning the request for bracket signs in Town Center and reported that the City of Neptune Beach was not interested in revising their sign ordinance relative to bracket signs. It was reported that Community Development Director Doerr's recommendations for bracket signs were sent to the Town Center Agency for review and they had no comments at this time. City Manager Hanson further stated that the information was being presented to the Commission for consideration and if the Commission wished to allow this type of sign, the current sign ordinance would have to be amended to permit bracket signs in the Central Business District. Ms. Doerr explained that the provisions for bracket signs were written with consistency in appearance and size, and the lighting. She then inquired if the Commission wished to consider limiting the use of bracket signs to retail and restaurant uses only. It was pointed out that the Town Center area was unique and the bracket sign would extend into the right-of-way. I I a November 22, 2004 REGULAR COMMISSION MEETING Paee 9 S Commissioner Simmons reported that she had attended the meeting of the Town Center Agency when bracket signs were discussed. She indicated that those present expressed concern that second floor businesses, like those located above Ocean 60, would also request bracket signs, resulting in multiple signs blocking each other. Commissioner Simmons stated limiting bracket signs to retail and restaurant uses could eliminate this concern and a directory could be used for second floor businesses. Commissioner Simmons also reported Ukulele, Patina, and Ocean 60 had already purchased attractive oval signs to hang in front of their businesses, which she felt would make attractive additions to Town Center. Commissioner Waters inquired as to the size of the proposed bracket signs and Ms. Doerr stated that she had set the standard size to be 2 x 3' for bracket signs. Commissioner Waters requested that all bracket signs be consistent in size. Commissioner Waters stated he was opposed to marquee 4 signs and he believed the area would look cluttered if both types of signs were allowed. He believed only bracket signs should be allowed in Town Center. Commissioner Beaver inquired if the use of bracket signs could be confined to Town Center instead of the Central Business District. Discussion of both areas ensued. Commissioner Beaver stated he really was not in favor of bracket signs, but agreed that consistency was important. He believed that a single bracket sign would be appropriate and suggested that the marquee sign be eliminated. He agreed with limiting the signs to retail and restaurant uses and confirmed this provision would prevent second floor businesses from hanging bracket signs. Commissioner Simmons requested consideration be given to the use of the oval signs already purchased by the businesses mentioned earlier. By consensus the Commission agreed that the use of bracket signs should be limited to retail and restaurant use only and that the signs should be of a consistent size not to exceed two-feet in depth and three-feet in width. It was agreed that the marquee sign would be eliminated from the ordinance. Mayor Meserve requested that an ordinance be drafted with the listed changes for consideration at the next Commission Meeting. C. Report and recommendations for sidewalk construction (City Manager) Public Works Director Carper displayed maps of the city indicating the location of the proposed sidewalks and explained the criteria used to rank the locations for sidewalk construction this year. Mr. Carper noted there 2 jq g November 22, 2004 REGULAR COMMISSION MEETING Paee 10 it were two errors on the maps and indicated that the West 9th Street sidewalk is a future project and the sidewalk should be shown on Selva Norte, not Selva Marina Drive. Mayor Meserve stated that he had received positive comments concerning the sidewalk being installed on Plaza. He indicated that he liked the meandering look and requested that it be continued at other locations. Mr. Carper stated they would continue the look if there was enough right-of- way. Commissioner Beaver commented on a recent letter to the Editor of the Beaches Leader and noted that a good portion of the funds budgeted for • sidewalk construction would be spent for sidewalks constructed in the Marsh Oaks area of the city. At the request of Commissioner Parsons, Mr. Carper provided detailed information concerning the grading criteria used to rank the sidewalk locations with safety being a key consideration. Discussion of the proposed and approved bike path locations ensued. Commissioner Waters inquired concerning the bike path overlaying the sidewalk on Seminole Road, north of 19th Street. It was noted that the bike path between 18th Street and Garden Lane on Seminole Road was on the list for proposed bike paths but should not have been included on the map. Mr. J Carper stated that the bike path to be constructed next year would run on Seminole Road from south Garden Lane to Oceanwalk Drive North. Commissioner Waters inquired as to how it would be constructed and Mr. Carper responded that the sidewalk would be widened to include the bike path. Commissioner Parsons expressed concern that shrubbery on the right-of- way on the west side of Seminole Road between 18th Street and Saturiba Drive would block widening of the sidewalk for the bike path. Motion: Approve sidewalk construction for FY04-05 as recommended in Public Works Director Carper's Staff Report dated November 22. 2004. (A copy of the Staff Report 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 J Nay: 0 - MOTION CARRIED i 2 November 22, 2004 REGULAR COMMISSION MEETING Page 11 J City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: a# +1 Super Bowl Banners C. Reported that Super Bowl banners would be located on private property and were allowed under Section 17-33 of the City Code as long as the banner noted the event and contained no advertisements for products. Fleet Landing Lift Station Maintenance Explained the maintenance issues with the Fleet Landing Lift Station and indicated that if the city was called on an occasional basis to help with pumping or repairs, the city should be reimbursed for the time and expenses at the cost plus 100% administrative fee formula. An agreement with Fleet Landing for the city's services was presented to the Commissioners for review. di It was disclosed that Mayor Meserve serves as the CEO of Fleet Landing. There were no objections to entering into the agreement with Fleet Landing for lift station maintenance. di JEA Electrical Outages ing C. It was reported that recent outages were caused by dust and salt accumulations on the insulators and the JEA workers were cleaning the insulators. Cigarette Butt Litter in Town Center + Reported that the Town Center Agency had complained concerning the accumulation of litter from cigarette butts being thrown on the sidewalks. He indicated that he had met with the City Manager of Neptune Beach and both cities agreed to provide gooseneck ashtrays for the area. Parliamentary Procedure Training :• Reported there would be Parliamentary Procedure Training on • Wednesday,January 19, 2005 from 6:00—8:00 p.m., if any Commissioner wished to attend. 2 2 November 22, 2004 REGULAR COMMISSION MEETING Page 12 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Requested that the BP Station on Mayport Road be cited for the banner sign, which has been up for several months, and that Val Rico also be required to remove the banner sign on their property. He believed some latitude should be allowed to bring a sign into compliance, but if it becomes excessive, they should be found in violation of the Sign Ordinance, which does not allow banner signs. Commissioner Simmons + Commented on the frustrating experience of trying to get the SEA to repair the street lights that were out in the two and one-half block section of Beach Avenue, adjacent to Town Center. • Commended Waste Services of Florida, Inc., the city's solid waste collection service, for going the extra mile to clear up the huge piles of trash left after a yard sale at the condominium across from her home. Commissioner Parsons Reported rusty, arcing transformers in the same area as where the street lights were out on Beach Avenue and requested they be replaced. 2 Commissioner Waters • Reported that some of the reflectors on Seminole Road were missing and requested that they be replaced. • Reported that the water bills for some residents in Oceanwalk had more 1 than doubled and inquired if refunds were being given to owners with irrigation meters. City Manager Hanson stated there would be no refunds. He further stated that irrigation meters were not charged for sewer, but if the consumption fell under"Large User",the rates had been increased to encourage water conservation. J • Inquired concerning the benches in Town Center. City Manager Hanson indicated that the city had repainted the metal and wood benches and it was discussed to install arms in the middle of the wooden benches to discourage people from sleeping on them. i 3 I November 22, 2004 REGULAR COMMISSION MEETING Page 13 • Inquired concerning the use of underground dumpsters in Atlantic Beach and was told their use was discouraged due to the high water table. Mayor Meserve • Requested that the Commissioners think about cost sharing with Jacksonville Beach relative to trolley transportation for the Super Bowl, which might include transporting people from public parking to Town Center. The Mayor indicated he would keep the Commission informed as more information becomes available. • Reported on a recent meeting with City of Jacksonville officials concerning beach renourishment and recommended that the city retain Kevin Bodge long term to keep the city apprised of available funding for beach renourishment. • Reported that City Manager Hanson and he met with officials from the City of Jacksonville for support and coordination of the Mayport Road median improvements project. He indicated that the City of Jacksonville believed it was a good project, and there was an initiative 3 for the City of Jacksonville to fund the project in 2005 and act as the contractor for the FDOT to get the job completed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:20 p.m. John Meserve,Mayor/Presiding Officer ATTEST: I Donna L. Bussey Municipal Clerk 3 I j I AGENDA ITEM#3A DECEMBER 13,2004 I 2 December 6, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans ity Manager 3 SUBJECT: Follow-u Report Buckman Trust; A map showing ownership of the properties in the vicinity of the Intracoastal Waterway was presented to the City Commission at the last regular meeting. That map showed at that the Buckman Trust owned several of the properties and the Commission asked to learn about y that Trust. The Margaret Buckman Trust property consists of 345 acres actively listed for sale at ■ 2.35 million dollars. The property has been on the market for about seven months. While the entire property consists of many parcels, the only one with any upland acreage appears to be Crying Child Island. Of the approximate 40 acres in this tract,only about eight acres are upland. It has no access, services or utilities. These lands are all zoned conservation, and the Comprehensive Plan Land Use Designation is also conservation. Complaints About Crime Alone Mavport Road; At the last meeting, a citizen made some complaints about crime problems that existed along Mayport Road. David Thompson will make a report on our police department's work on these issues at the December 13th commission meeting. I 3 3 2 I I 1 AGENDA ITEM#4A DECEMBER 13,2004 _ 0 v 0 r >, E .9 m > L 'T O -a < v " p 9 Y N 9 0 E U 0 E O O 40 jv o G "-C 0 0 wi S 0 3 � '' C. m 0 2• r;� ' o0 w . s o ca _ .8c o0 S m € ae mm o v o.°. - -0 o '= `0" 0mo U 15-Is 0 1 x C. " ay nu \ a.5 0 '� °, v_ 8. 'ce ,., .5 'y o. 5 0• ca o c 3 0 9 B 0 o 0 s v ._ O O �. O Ous -2o N v v v Ty 0 ,`� 01" o 0z Z a ` - G m9 '-. .. 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B' 3 3 3 w d J j Z pZ., .3 a a. as as a II 72 II w u a C C G e II z II II W A II La I Y W II Y W I7 O O a e s 0 oe IsI o CP CIP a °4 wC U O Vi• v IPPP v U w a 3 \ V ." m 0 w u o o o ••+ o 6 y 0II ti II G '^ II oa, 2 II ZU t II C y II Z 14 a II i 0 u II 1 u > °a. m2 O mh r ` my Na ay o Ix U U ' i 'p qvqO6 OUOU II B > .. — 1 8 AGENDA ITEM MA DECEMBER 13,2004 2 City of Atlantic Beach, Fl. 1 Utility Sales Report INovember 2004 November 2003 3 Gallons Actual Revenue Gallons Actual Revenue Water Sales Accounts (000) Revenue Per 1,000 g1 Accounts (000) Revenue Per 1,000 gI 1 Atlantic Beach 5,575 44,853 $108,576 $2.42 5,373 48,296 $95,570 $1.98 Buccaneer 2,673 26,573 $67,914 $2.56 2,554 28,896 $66,659 $2.31 M®� Total Water Sales 8,248 71,426 $176,491 $2.47 7,927 77,192 $162,429 - $2.10 ■ Water Plant Production Gallons Gallons (000) (000) Atlantic Beach 58,027 55,193 Buccaneer 24,438 30,374 Total Production 82,465 85,567 Total Water Billed 71,426 77,192 3 Water Loss for month: 11039 8.375 Percentage Loss 13.39% 9.79% 3 Total 12 mo.Avg.Loss 13.12% 13.54% 1 Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000g1 Accounts (000) Revenue Per 1,00091 Atlantic Beach 4,975 35,195 $155,237 4.41 4,833 36,557 $142,555 3.90 - Buccaneer 2,558 25,167 $133,389 5.30 2,445 27,597 $130,332 4.72 Total Sewer Sales 7,533 60,362 $288,626 $4.78 7,278 64,154 $272,887 $4.25 1 Sewer Treatment 3 Millions of Gallons 65.00 71.88 3 Rev.per 1,000 Gallons $4.44 $3.80 I 1 AGENDA ITEM#4A DECEMBER 13,2004 1 1 1 1 a m V EJ Ej o a qn3 n a °n c 44o m u0 ry p m a Pm 0 0 mou o0 0 4 4 M M m m Z 40 2 0 aam 5 S z z-.422 2 V o n n F5 5 5 cc 5 4 2 m Cl >a a m n n ry Y'4z ° 04 . 0m Lm 22 N i 866 x2 g uz M guimzmt p m miu d , row F 4 j p00(4 0. M44 z 4. LI u F 4 'zu 1-z �9m m0m r E: F mzrc m.X `F' N 0 4 t'.rv4 82 M : o 0 ., q %&d NN ° Cd N (Rn y"4 0 ti' i 4 2 .0a 0ZN 8 0 f N m ` 0e4 0e m'. Oxo o 0 6 •-im . .. M Ei "LI 4 °., m o . zo2 ow u"4 C F z d 01 Eh i��: ZNF.' 2&N Eh 1E: in iso EBF 55 12 22 . z 4 EEE `3° mm4 F2 'owo `od'EM .Qx gall, U01 20 212 2q 2.2,8 om.m4 am 222 22 'oma e 2 '.4 O 212 ry m ., 212 212 o6 ^o2 „4P Noo oh14: 7;' „cow 4, <" 2 V 2 Z Z I: V - . V. ✓ w 4 6 'm m n a5 8 € Fn b °F F F PE ° gr x = �m 4 n F n F n MAM aMm 82 Fn Or+n 2 2 4 2 IFn 4 4 � 2 ° °a Em ° a 0 F.. 4 ao°>: 22 21 s 5oc6 4"6 226 5° ram �� 2°4 0 0]5 6 EH 'Vm "°m 4 Cl „4l, °"m u>. uy u ° m 'u°am x z u F<. m ^ Na _a. 9 m: Al.71- ;Fm mm .gyp �3j Fm h°x m 4l, g 22 a'm F 5CF 4>F 4>F 2FF ;°5u O 7F 2h. x 4 4F.. ° Vm1 p4; p,3 ,'3 rr3 - p43 Z44 F.< l,3 2m3 044 o0C :MI¢¢ 00 224 V.4+4 Um4 Un4 625 624 6.+4 224 Sn4 7n4 a.+4 Kr4 3u4 3,4 0 io e o o e O b a a a a o 0 0 a 0 0 0 0 0 0 0 0 AGENDA ITEM#4A DECEMBER 13,2004 3 I 1 n 3 mm mom 0 G FA m~m .mi F md5 2 Fa 2 V FZ KrvF opo 24N CN s iso Z El 6 \ O azm ma az awa NO r 2 3 3 ZZ.g ggu j V 4 MM OeF MM 6 V n 8 rt 4 o ty AGENDA ITEM#4B DECEMBER 13,2004 a CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 1 AGENDA ITEM: Authorization of the Mayor to sign Disaster Relief Funding Agreements for Hurricanes Charlie, Jeanne and Frances. SUBMITTED BY: Nelson Van Liere Finance Director DATE: December 6, 2004 BACKGROUND: As a condition of receiving federal funding for hurricane damage, the City is required to execute Disaster Relief Funding Agreements with the State of Florida, Department of Community Affairs in order to declare eligibility for Federal Financial Assistance. 3 According to the guidelines, the person signing the agreements should be the Mayor for cities and towns. The agreement for Frances is the only one received at this time, however this action will authorize the Mayor to sign the contracts for Charlie and Jeanne when they arrive. The contracts will be the same for all three storms. The City will also be including all of the project worksheets for 2 each storm event prepared for F.E.M.A. with each contract once completed. These worksheets are being prepared at this time. The staff has been working with FEMA representatives in determining eligible costs to be included for reimbursement. BUDGET: There is no budget impact for this action. RECOMMENDATION: Authorize the Mayor to sign the Disaster Relief Funding Agreements for Hurricanes Charlie, Jeanne and Frances. ATTACHEMENTS:Disaster Relief Funding Agreement for Frances REVIEWED BY CITY MANAGER: AGENDA ITEM#4B DECEMBER 13,2004 D 1 State of Florida Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT 1 Agreement No, 05-PA-G%-04-26-02-557 CSFA No.52600308; CFDA No. 97.036 Subgrantee: Atlantic Beach,City Of FIPS No. 031-02400-00 This Agreement is between the State of Florida,Department of Community Affairs(hereinafter referred to ■i as the"Grantee")and,the undersigned State Agency or political subdivision of the State(hereinafter referred to as the"Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS,Hurricane Frances beginning September 1,2004,and thereafter,had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04-192. In consequence of the Event,the President of the United States on September 4,2004,declared Major Disaster No.FEMA-DR-1545-FL in all counties in the State of Florida As a result,the Public Assistance Program was made available to eligible applicants in these Declared counties;and, ' B. WHEREAS,a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance,and the State has undertaken to share those costs,as appropriated,with its Subgrantees;and, 3C. WHEREAS,The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement;and, D. WHEREAS,the Grantee receives these grant funds from the State of Florida and the federal ■ government,and has the authority,under Section 252.373,Fla Stat.to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth;and, E. WHEREAS,a Budget Amendment has been prepared and is being considered to provide for the 1 necessary funds and authority for this event Under the Emergency Management Act,as amended,the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. NOW,THEREFORE,the Grantee and Subgrantee, based upon the existence of the foregoing conditions, ■ do further agree to the following: ■ --- -ARTICLE L Definitions. As used in this Agreement,the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities"are those activities authorized in the FEMA-State Agreement,and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act,Public Law 93-288,as amended,42 U.S.C.§5121-5201; 44 C.F.R.Part 206;and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement"is the agreement dated September 4,2004,between the Federal Emergency Management Agency and the State of Florida,for the Major Disaster No.FEMA-1545-DR-FL. ARTICLE R. Applicable Law.The parties agree to all the conditions,obligations,and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including,without any limitation " 1 AGENDA ITEM/MB DECEMBER 13,2004 on the generality of the foregoing,the requirements of 44 C.FR.Parts 13 and 206,and the policies of the Federal Emergency Management Agency. ARTICLE IIL Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R.Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee,and shall state the cumulative funding allowed,the scope of the eligible project,and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding,thereby amending the total funding for the project. The approved Project y� Worksheets shall document the total eligible costs and the total federal share of those costs,which shall be seventy- five(75)percent of all eligible costs,unless a higher percentage is approved.Contingent upon an appropriation by the Florida Legislature,the Grantee may provide some portion of any nonfederal share for local government and private non-profit Subgrantees. As a condition of receipt of the federal funding;the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement,the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement,the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to finding under this Agreement. 2 ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance,nor may Subgrantee receive any other duplicate benefits under this Agreement A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee,to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits,by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental.Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee,and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee,and any land use permitted by or engaged in by Subgrantee,shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning,permitting and building requirements. Subgrantee shall engage such competent engineering,building,and other technical and professional assistance at all project sites as may be needed to ensure 2 that the project complies with the contract documents. ARTICLE VI. Reunited Documentation.Reviews,and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary,customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation,Grantee may terminate further funding under this Agreement,and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, I 2 AGENDA ITEM 44B DECEMBER 13,2004 together with any and all accnied interest. A. Subgrantee shall submit the following documentation for Large Projects(the Small Project threshold for this declaration is$54,100). I. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B,which shall be supported by original documents such as contract documents,invoices,purchase orders, change orders and the like; 3. A request for final inspection; 4. A sired Project Completion and Certification Report upon the completion of all projects;and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects,Subgrantee shall state on the"Project Completion and Certification Report"that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet,and shall state the date of completion. C. Grantee will inspect Small Projects by random selection,and will conduct the final inspections on Large Projects,to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. 2 VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy-five(75)percent,unless a higher percentage is approved,of such costs and the nonfederal share shall be the remaining amount Payment of all ora specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Payment of Carts. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement which shall be supported by original documents such as contract documents,invoices,purchase orders,change orders and the like;and, 3. A letter or notification certifying that the reported costs were incurred in the performance of t� eligible work. y C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 3 I I AGENDA ITEM t14B DECEMBER 13,2004 I I1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors,contractors,and subcontractors without unnecessary delay; J 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds,and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form;and, I 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable,and in any event not later than ten(10)business days after the close of each calendar quarter. ID. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre-disaster condition in accordance with 44 C.F.R.Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre-disaster condition is not in the best interest of the public,Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.A. Part 206 before the commencement of any work. F. Grantee may,in its discretion,withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. 1 ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement 3 C. In the case of Large Projects,the Grantee shall have performed the final inspection; D. In the case of Small Projects,the Project Listing and Certification shall have been reviewed by Grantee,or 3 Grantee shall have performed a final inspection;and, E. Subgrantee shall have requested final reimbursement. I ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements,in addition to such other and further requirements as may be imposed by operation of law: if -A - - - . The"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local ii Governments,"as codified in 44 C.F.R.Part 13,as amended; B. Office of Management and Budget Circular No.A-87,"Cost Principles for State and Local aGovernments,"as amended; C. Office of Management and Budget Circular No.A-110,"Uniform Administrative Requirements for 3 Grants and Other Agreements with Institutions of Higher Education,Hospitals and Other Non-Profit Organizations," as amended;and D. Office of Management and Budget Circular No.A-122,"Cost Principles for Non-Profit Organizations," I4 1 AGENDA ITEM#4B DECEMBER 13,2004 1 as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events,whichever is the later: 1. The completion of final inspection and final audit,and the final resolution of any issues identified N the same;or, 2. The expiration of three(3)years from the date of final disbursement under this Agreement. 3F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States,the Grantee,and the Federal Emergency Management Agency between 8:00 am.and 5:00 p.m.on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon final inspection,final audit,or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs,Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five(45)days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee,and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed$500,000.00. 1 A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States,as specified in the General Accounting Office Standards for Audit of Governmental Organizations,Programs,Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of§ 11.42 Fla.Sint,and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984,Pub.L.98-502,as amended,31 U.S.C. §§ 7501-7507,to the extent here applicable;and, 5. Office of Management and Budget Circular No.A-133,as amended,to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement If the 3 Subgrantee is a private nonprofit organization,it shall submit an organization-wide audit. C. The audit shall be due not later than seven(7)months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy,accuracy,and reliability of the internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement E. If this Agreement is closed out without an audit,Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. 1ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation,regulation, statute,rule or other legal requirement applicable to the performance of this Agreement,the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the 5 I AGENDA ITEM#4B DECEMBER 13,2004 1 violation is cured or has otherwise come to final resolution. If the violation is not cured,Grantee may terminate this Y� Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement 3ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement,as per 44 C.P.R.Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.FR Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control.A modification extending the time for completion of the project and any other modification shall be in writing,and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee,but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in 2 a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement,any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the lime for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency,the time for the performance of emergency work shall be six(6)months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen(18)months from the date of the Presidential Declaration. For Large Projects the di Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty(60)days after the date of the last modification extending the Agreement Subgrantee shall submit the completed Project Listing to Grantee not later than thirty(30)days from the completion of all work,or the approval of the Final Inspection by the Federal Emergency Management Agency,whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused for lack of cost-share funding. If any extension request is denied,Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agiternent,the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall lake effect thirty(30) days after the date of such notice. Such termination shall not affect the rights,interests,duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by§768.28(5),Fla.Stat.,the Subgrantee shall be solely responsible to any and all contractors,vendors,and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence,Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement holding Grantee and Subgrantee harmless from the same. Also: JA. For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other,but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity,nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 j AGENDA ITEM#4B DECEMBER 13,2004 1 are present in quantities within statutory and regulatory limitations,and do not require remedial action under any federal,state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee,on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen(15)days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project,together with any other circumstances that may affect the completion date,the scope of work,the project j costs,or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection,and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed,and Subgrantee shall provide any additional reports 3 requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement,the Summary of Documentation,and the Quarterly Reports,the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with§252.37(4), Fla.Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in§ 119.07(1),As. rB Stat.,that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. ■■ Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement,and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members,any employee of the State of Florida,any member of Congress,any officer or employee of Congress,or any employee of a Member of Congress,in connection with this Agreement or any modifications to this Agreement JE. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee,and further agrees that noncompliance with this Agreement shall be cause for the rescission,suspension or termination of funding under this Agreement,and may affect eligibility for funding under future Subgrantee Agreements. - ARTICLE XXIL Term. This Agreement shall take effect upon its execution by both parties,and shall •1 terminate upon approval of closeout by the Federal Emergency Management Agency,unless terminated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s)specified by this Agreement without delay. ARTICLE XXIII. Events of Default,Remedies,and Termination. A. Upon the occurrence of any one or more of the following events,all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more 7 I 1 AGENDA ITEM#4B DECEMBER 13,2004 such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence j of any one or more of the following: 1.Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect,or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has 3 not cured in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect,as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty(30)days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate,incomplete,or inadequate information;or, 4.The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress,Legislature,Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the following events,Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure,Grantee may exercise any one or more of the following remedies: 1.Terminate this Agreement upon not less than fifteen(15)days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement,such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement 3.Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee;and, 4.Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact,for failure or non- performance of any Agreement condition or obligation,or for noncompliance with any applicable legal requirement O. Rescission,suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act,as amended. Notwithstanding the preceding sentence,any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission,suspension or termination of this Agreement,the Subgrantee shall refund to Grantee Jall funds disbursed to Subgrantee wider this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights,interests,or duties of the parties to it shall lie in Leon County,State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement,the rescission,suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of 3 funds advanced to Subgrantee under this Agreement,and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee,then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds,then Grantee may recover the same from funding otherwise due Subgrantee. ARTICLE XXIV. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. 1 8 j AGENDA ITEM#4B DECEMBER 13,2004 I B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it,the language of the Attachments shall he controlling,but only to the extent of such inconsistencies. +� C. This Agreement has the following attachments: /i 1.Attachment A "Request for Advance or Reimbursement" 2.Attachment B "Summary of Documentation of Expenses Claimed" 3.Attachment C "Quarterly Report Form" 4.Attachment D"Subgrantee Annual Budget Projection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website:www.floridadisaster.ore. The subgrantee may be provided the option of using electronic forms placed on our Internet based document management system at htto://dcaenterprise.eoconline.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet,by telefacsimile,by hand,or by certified letter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W.Craig Fugate,Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee,Florida 32399-2100 ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates as its primary agent,and designates as its alternate agent,to execute any Request for Advance or Reimbursement,certification,or other necessary documentation. IN WITNESS HEREOF,the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida,By: (Subgrantee) W.Craig Fugate,Director (Name) Division of Emergency Management rB __.- .___ (Title) ry (Date) (Date) Public Assistance Program Program Federal Employer Identification Number(FEIN) •I 1 9 l 414 AGENDA ITEM#7A DECEMBER 13,2004 i CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading of Ordinance 60-04-15 to enact an amendment to Chapter 17 of the City Code, Signs and Advertising Structures, to permit certain Bracket Signs within Town Center and the Central Business District SUBMITTED BY: Sonya Doerr, AICP >0 Community Development Director DATE: December 02, 2004 BACKGROUND: As directed by the City Commission, attached is a proposed revision to Chapter 17 (Signs and Advertising Structures), which if adopted will allow small Bracket Signs to extend into the public right-of-way (such as over sidewalks) within the Central Business District. (Revisions, as requested at the previous meeting, have been incorporated.) i 2 1 I I BUDGET: No budget issues. RECOMMENDATION: Motion to approve upon first reading, with public hearing and final reading advertised for January 10, 2005. ATTACHMENTS: Proposed Ordinance 60-04-15 related to bracket signs extending into public right-of-ways within the Central Business District. fNew provisions underlined) REVIEWED BY CITY MAN • December 13,2004 regular meeting AGENDA ITEM#7A DECEMBER 13,2004 1 ORDINANCE NUMBER 60-04-15 tAN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORDINANCE NUMBER 60-04-15, WHICH SHALL AMEND CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, AS PREVIOUSLY ADOPTED AND AMENDED THROUGH ORDINANCE NUMBER 60-03-13; TO ADD NEW SECTION 17-29 (a) (3) v.; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. 3 RECITALS WHEREAS, the City Commission for the City of Atlantic Beach recognizes that the Central Business District Zoning District, specifically that area known as Town Center, is a unique environment unlike other commercial corridors within the City of Atlantic Beach, which contain uses and development patterns oriented primarily to vehicular traffic, and WHEREAS, the Central Business District Zoning District and the Town Center area is a commercial environment, where the activity is largely pedestrian, where tourists and visitors to the City are more frequent, and where buildings are of a more urban context and generally located at the edge of the public right-of-way with limited opportunity to install Freestanding Signs, and WHEREAS, the purpose of this amendment is to provide appropriate and consistent signage for the Central Business District Zoning District and the Town Center area, recognizing the scale, context and the unique pedestrian and tourism environment of this particular area of the City. WHEREAS, after required notice was published, first reading of this proposed Ordinance held on the 13th day of December, 2004 at 7:15 p.m., and a public hearing was held on the 27th day of December, 2004 at 7:15 p.m. to hear and enact said amendment to Chapter 17 of the Code of Ordinances for the City of Atlantic Beach. SECTION 1. All Recitals and Findings of Fact made part of Ordinance 60-04-15 are hereby incorporated by reference. SECTION 2. Chapter 17, Signs and Advertising Structures, Article III, Signs Permitted, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to create new sub-paragraph v. within Section 17-29 (a) (3), and upon enactment shall read as follows. Section 17-29 (a) (3) In lieu of the above-described Fascia Signs, a business or Permitted Use may install a single Bracket Sign or a single Marquee Sign in accordance with the following provisions. Ordinance 60-04-15 Page 1 of 3 AGENDA ITEM#7A DECEMBER 13,2004 1 i. Size permitted: The maximum size of a Bracket Sign or a Marquee Sign shall be ' determined in the same manner as a Fascia Sign, provided that no such Sign shall have more than sixty(60) square feet of projected Sign Face Area. ' ii. There shall be not more than twelve (12) inches of clear space adjacent to the Building wall, and such Signs shall not extend or project from the face of the Budding more than ten(10) feet. No portion of such Sign shall extend above the height of the roof iv. No portion of such Sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any Street side property line. All such Signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any Building. v. Within the Central Business District, and in addition to other permitted Signs, Uses limited only to retail establishments and restaurants, cafés and coffee shops may install a single Bracket Sign extending above a public sidewalk or pedestrian walkway. The purpose of this provision is to provide appropriate and consistent signage for the unique 3 pedestrian environment of the Town Center area. Such Signs shall be located only in accordance with following provisions and upon issuance of a Sign Permit. -- - (a) May be located only above first floor entryways or first floor windows with no portion of the Sign Display Area exceeding ten (10) feet above the established grade of the adjoining sidewalk or walkway (b) shall provide minimum vertical clearance of eight (8) feet above the sidewalk or walkway (c) shall provide minimum clearance of six (6) inches from the building facade. (d) shall be separated from any other such Sign by a minimum distance of twenty (20) feet (e) shall not exceed three(3) feet in horizontal width and two (2) feet in vertical depth: (t) shall give the appearance of traditional wood routed or sandblasted Signs. Materials such as HDU (high density urethane), recycled HDPE (High Density Poly Ethylene) plastics, which give a similar appearance, shall be acceptable substitutes. J (g) shall be externally illuminated only and shall contain no electrical components; and (h) shall create no safety hazard or obstruction to public's use of the sidewalk or walkway as determined by the Director of Public Safety. I Ordinance 60-04-15 Page 2 of 3 AGENDA ITEM#7A DECEMBER 13,2004 SECTION 3. In the case that any section, subsection, paragraph, phrase or sentence of this Ordinance or Chapter 17, Signs and Advertising Structures, as previously amended, shall for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity and lawfulness of the remaining portions of this Ordinance or any part of Chapter 17, Signs and Advertising Structures. 1SECTION 4. 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 5. This Ordinance shall become effective on the date passed and enacted by final reading. NOW THEREFORE, upon finding that this proposed Ordinance and the amendment set forth herein is consistent with the adopted Comprehensive Plan, specifically i7 Objective A.1.11.1 (c), describing the Central Business District, and also consistent with Section 24-114 (a) of the Land Development Regulations, establishing the intent and standards for the Central Business District, be it hereby enacted by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: Passed on first reading by the City Commission of the City of Atlantic Beach this 13th day of December, 2004. Passed on final reading and public hearing this 27th of January 10, 2005. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN,ESQUIRE City Attorney I Attest: DONNA BUSSEY City Clerk I Ordinance 60-04-15 Page 3 of 3 iAGENDA ITEM#8A DECEMBER 13,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Beaches Habitat for approval of Final Subdivision Plat for Scheidel Court iSUBMITTED BY: Sonya Doerr, AICP ,C/ i6) Community Development Director iDATE: December 3, 2004 BACKGROUND: Beaches Habitat has submitted the Final Subdivision Plat for the Scheidel Court project, which was formerly referred to as Cornell Two. The Preliminary Plat was recommended for approval by the Community Development Board at their April 20, 2004 meeting, and the Preliminary Plat was approved by the City Commission on May 24, 2004. Section 24-205 of the Land Development Regulations requires the Final Subdivision Nat to be approved by the City Commission prior to recording. In review, the proposed project contains 1.82 acres and will consist of up to 16 dwelling units within eight two-unit buildings. The site is currently zoned RG-2 (multi-family) and is located within the Residential, High Density future land use category. The Final Plat is consistent with the approved Preliminary Plat, the Comprehensive Plan and the RG-2 Zoning District requirements. The residential • units will be under a condominium form of ownership, and all common areas and stormwater facilities will be privately maintained. Cornell Lane, which is now an unimproved dirt roadway, will become a public street constructed to City standards. Staff recommends approval finding the request consistent with the Land Development Regulations and also supportive of the Housing Element of the Comprehensive Plan, specifically Policy F.11.5, which states: 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. J BUDGET: No budget issues. RECOMMENDATION: Motion to approve the Final Subdivision Plat for the Scheidel Court subdivision finding the plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan. ATTACHMENTS: Final Plat for Scheidel Court REVIEWED BY CITY MANAGER: 1 December 13,2004 regular meeting 3SC PLAT BOOK _ PAGE ___ se SHEET 30F 3 di A PART OF T I di RANGE 29 EA I I I DM22 i ill I 41 . -L - PdNT OF : GINNING I i _N O.?75 -53S J 42 ad Y exam as aN i JGRAPHIC $ I A di �y lWith.. 30 '° ya di 11 I Ixe �a ill ei 7 Io illi o w —' As of _j44 n , n < 0. 1 _ � g b i _ Io , .. di 3 Zr - 1 U, d J4. 42 U = 5 2 mi 1-8E �3 ' zi Zzb i Id la iQ __ j a:. , d \ rte, ,Y j� di / R,aT itA( Rogo „t)�• q 1 Ila !WM[0 Ti .. 13301313337 LAW SUnSYCQ OC MO Roan OCY[ LO3dM1llt fa MIKA (ru)241-cm 4 .-- Y vIN + i 4 ! ^ NVl ]O OILXYILV 11 Ln a m 1 F [i[2:81$ ayg �il ob ,lig II iP:1: 1/111 ell4P- i I I I ,I i /a 11410 ',...g11. 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Yci Ftl Bbg x g[�� g �1� �� 3 Y t h g P ° g 9 3ilig e4 Oil5e a i� F a Ns ,&. :.� 6[ pro ii !OP v$ S 5p{n — 1 a s 3 g igixl'.YYlwinm f $.Eg e g A d Stl 3 �ea o f 4i $$ � $G F (¢Nre)AVX 40 11-1041 .001 a a$ Ot ON 'V r-I-3 'ON [Wel 3131$ 2 o w aavn3lnoa oLLNV11V igy a, 00.0031 3.3e,01.60 N gg3p Fi �QOQ lad O r S �Q l r e G e %4 f gI \ I�� , pan°ttso V i � a. °4W)y ♦ �G4 -�tr 1 lye„ " nz \ ,� Sen (`—_—_ 6'\\�,.4 sr N Et z \\� C 4F * " ,r/ & ( I g / C R 4 �? , r, t agi I o a 18 arbor v 'I I'•. a I \ S N I tI IF .!) I ' `?`" ' a^_Pm°n o *,sas - !/ Stivid fr.' y2 I. g wi ut, It ^I I morcAA 888888888^ n By I �I ' R ^RSddadd SR n I um i b a2 $ , ?a ,2e2aW ao I I` 0 1 rl p_WW:)twT8�7 H m $Laa�= ;:II\ B \ (w0� ^w: ' ^Wi • AQg� i AGENDA ITEM#8B DECEMBER 13,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommended Change to City Code Article 23-36 SUBMITTED BY: Rick Carper, P.E. Public Works Director ' DATE: November 22, 2004 BACKGROUND: In several sections of the City, there are areas where Public Works 3 has assumed responsibility for mowing and trimming of the area between the edge of pavement or back of curb and the resident maintained lawn area. This results in an unequal application of 1 City resources, and requires in excess of 30 man-hours per week during the growing season that could be better applied to streets and stormwater system maintenance. RECOMMENDATION: Staff recommends adding the following text to Section 23-36 of the City Code to require residents to maintain the area between the right of way line and edge of pavement. "Additionally the Resident(or Property Owner if lot is vacant) must maintain the area between the right of way line and the back of curb or edge of pavement for non-curb&gutter sections, in the same manner and standard as the lot is maintained. (This requirement does not include mowing or other maintenance requirements within City maintained drainage swales and ditches,which will continue to be the responsibility of City Public Works personnel. Areas where City crews currently maintain because of ongoing Beautification efforts, including the north/ west Seminole Road right of way between 11"and 16"Street will continue to be the responsibility of the City.)" ATTACHMENTS: 1. City Code Article III. ACCUMULATION OF WEEDS 2 2. Fl. Association of Code Enforcement Message Center printout showing other City Codes requiring Owner/Resident maintenance of Public Right of Way BUDGET: This proposed change has no impact on budget. REVIEWED BY CITY MANAGER: AGENDA ITEM#88 DECEMBER 13,2004 I ARTICLE III. ACCUMULATION OF WEEDS* *Cross references: Refuse and garbage, Ch. 16. Sec. 23-36. Height of growth. No owner or person in control of any lot,place or area within the city, or the agent of the owner or person in control, shall permit on such lot, place or area, or upon any abutting area between the right-of-way line/property line, any weeds, grasses or other deleterious,unhealthful growth to exceed a height of twelve (12) inches. Additionally the Resident(or Property Owner if lot is vacant)must maintain the area between the right of way line and the back of curb or edge of pavement for non-curb & gutter sections, in the same manner and standard as the lot is maintained. (This requirement does not include mowing or other maintenance requirements within City maintained drainage swales or easements which will continue to be the responsibility of City Public Works personnel). Areas where City crews currently maintain because of ongoing Beautification efforts. including the Seminole Road right of way between 11 and 16ih Street will continue to be the responsibility of the City. Exceptions to the provisions of this article shall apply to those properties located in undeveloped areas of the city which are at least twenty(20) feet from the nearest occupied residential or business property, and which are at least twenty(20) feet away from an adjoining right-of-way in which there is a paved street. (Ord. No. 55-82-19, § 1, 3-22-82) Sec. 23-37. Notice to cut, destroy, etc. The city manager or his designee annually or near the commencement of the growing season, shall notify by general publication in a newspaper published Jwithin the city, all such owners, persons in control, or agents to cut, destroy, or remove any such weeds, grass, growth or matter found growing, or located on such property. (Ord.No. 55-82-19, § 2, 3-22-82) Sec. 23-38. Action upon noncompliance. Upon the failure,neglect, or refusal of any such owner,person in control, or agent, so notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice provided in section 23-37 above,the city or its authorized agent shall cut, destroy or remove any weeds, grass,growth or matter, and any expense incurred by the city or its authorized agent in doing so shall be charged against the property owner,person in control, or agents so failing, which charge may be recovered; provided, that no land clearance made necessary by excessive AGENDA ITEM#8B DECEMBER 13,2004 2 growth shall be done unless the city or its authorized agent shall first post a notice on the property to clear the excessive growth and the owner,person in control, or agent shall have seven(7) days after such notice to so clear the land. (Ord. No. 55-82-19, § 3, 3-22-82) Sec. 23-39. Removal by city. If,within seven(7)days after posting of the notice and the condition described, the notice is not then remedied,the city manager shall cause the condition to be remedied by the city at the expense of the property owner. (Ord.No. 55-82-19, § 4, 3-22-82) Sec. 23-40. Payment of charges, special assessment liens. After causing the condition to be remedied, the city manager or his designee shall certify to the finance department the expense incurred in remedying the condition, whereupon such expense,plus a charge equal to one hundred(100)percent of the 2 expense to cover city administrative expenses, plus advertising costs, shall become payable within thirty(30) days, after which a special assessment lien and charge will be made upon the propel ty,which shall be payable with interest at a rate of ten (10)percent per annum from the date of the certification until paid. (Ord. No. 55-82-19, § 5, 3-22-82) Secs. 23-41--23-45. Reserved. 2 I I 2 2 2 2 i 3 w 4 ■ - - AGENDA ITEM#8B ,,/ :'� 137= f„ Association o f CL DECEMBER 13,2004 FloridaI Enforcement Message Center "b, _ `' The F.A.C.E. Message Center has been created to provide a more efficient way of exchanging '- , information among members. Job openings are welcome, as are problem cases, questions about the law, and other issues facing code enforcement professionals. HOWEVER, THE BOARD OF DIRECTORS RESERVES THE RIGHT TO REMOVE ANY MESSAGE DEEMED INAPPROPRIATE OR OFFENSIVE. Hey, ATLANTICBEACH, you have 0 messages. ISep 27th, 2004,012:10pmiP an El■B Til Home W Help Search W Members 5J Profile% Notification El Logout Florida Association of Code Enforcement Message Board « Maintaining Right of Way * II Florida Association of Code Enforcement Message Board =4J Ordinance and Legal Assistance L-gi Ordinance and Legal Assistance(Moderator: Forum Admin) _Ciil Maintaining Right of Way - *.Previous.topic I Next topic 3 Pages: 1 41 Reply Pd Notify of replies Ea Send Topic © Print -1L- Author -Topic:Maintaining Right of (Read-42times). -. - 2 ATIIANTICBEACH F.A.C.E. Member ® Maintaining Right of Way E. 5 a on: Sep 16th, 2004, 8:41am • E Quote L. Modify gin Remove Newbie 2 Have citizens who refuse to cut the grass in the Right of Ways that front their properties. Needless to say it gets expensive maintaining these 10 foot wide parcels. I've been asked to identify cities that have ordiances 2 ® lb requiring citizens to maintain the Right of Ways that border their property. If you have a good ordinance I can pirate, I'd appreciate hearing from you. Posts: 4 IF Logged ill speciald Re: Maintaining Right of Way Administrator ® .Reply#1 on:Sep 16d', 2004,9:48am• E Quote Er Modify Here is what we have here in Seminole County. From the Seminole County Code, Chapter 95-Hope it helps. El Iiia ARTICLE II. REMOVAL OF NUISANCES FROM PROPERTY 2 Posts: 27 Sec. 95.11. Duty of property owners generally. It is the duty of each owner of any real property, lot, tract, or parcel of land to reasonably regulate and effectively control the growth and accumulation of matter, substances and materials enumerated in Section 95.3, on the real li t property, lot, tract, or parcel of land and on the portion of the adjoining r/ public right-of-way between the property, lot, tract or parcel and the roadway regardless of whether the roadway is paved. •J ■ 4ill— IP Logged 9 a ij - AGENDA ITEM#8B .11 FACE. Captglenn Re: Maintaining2 p 1 Right of Way DECEMBER 13,2004 JuniorE. Member Reply. #2 on: Sep 16th, 2004, 2:32pm > Quote El Modify Junior Member t* City of Winter Springs, Section 13-2(d) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control ® Mil excessive growths and accumulations, as enumerated in subsection (c), on the portion of the adjoining public right-of-way between the property and Posts: a the street. I . IP Logged CHRIS Re: Maintaining Right of Way MARLAND15 a Reply#3 on: Sep 16th, 2004,4:30pm > E Quote EC Modify Full Member ' CIT' OF OAKLAND PARK, 3 FACE. Member SEC. 24-94 (A) SWALES SHALL BE MAINTAINED BY ABUTTING PROPERTY OWNERS. I ® Ma MAINTENANCE SHALL INCLUDE THE PRESERVATION OF ADEQUATE SOD AND SLOPE. Posts:38 411 IP Logged Brian-Rewis - -Re: Maintaining-Right of-Way Administrator < Reply#4 on:Sep 215t, 2004, 11:44am * ® Quote t'J Modify City of Lakeland Code FACE Administrator Sec. 86-2. When vegetable growth, etc., declared nuisance; duty of owner. j ® MI The existence of excessive accumulation or untended growth of weeds, Posts: 21 undergrowth or other dead or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon J - ---- ----any-lot, tract or parcel-of-land-within this-city,be ituncovered_or under__._. _.._. open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes,to 1.1 threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, is hereby prohibited and declared to be a 2 public nuisance and unlawful. For purposes of this section, any growth in excess of one foot in height is presumed to be and is prima facie evidence of a public nuisance. As used in this article, "weeds" shall mean plants that by II reason of abandonment, lack of care or lack of maintenance, choke out growth of other plant material in the area. Dead, dying or unattended plant life, named or unnamed, which is abandoned or overgrown shall, for.the - purpose of this Code, be defined as a weed. It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control excessive growths and I accumulations on the property and on the portion of the adioininq public right-of-way between the property and the street. It shall also be the duty of the owner to drain swimming pools thereon, which shall be 2 AGENDA ITEM#8B DECEMBER 13,2004 unwelcome or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to producing disease or otherwise creating a hazard. (Code 1960, § 15.05; Ord. No. 3328, § 2(15.05), 12-16-91; Ord. No. 3686, § 1, 11-20-95) IP Logged 3 Pages: 1 Reply Notify of replies ga Send Topic 8 Print ->Ordinance and Legal Assistancejd • Previous topic Next topic. j Florida Association of Code Enforcement Message Board .Powered by YaBB 1 Gold -SP 1.1! YaBB @ 2000-2003.All Rights Reserved. WebSite Maintained by ePolk.com 3 •I • I I I I AGENDA ITEM#8C DECEMBER 13,2004 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Bob, Kathy, Al and Mary Frosio for a waiver from Section 24-255 (a) of the Subdivision Regulations seeking approval to create two new lots within property located a 151 Club Drive (east of Ocean Boulevard) that are less than 75-feet in width and less than 7,500 square feet in Lot Area.nn SUBMITTED BY: Sonya Doerr, AICP >11/ 3 Community Development Director DATE: December 02, 2004 BACKGROUND: Section 24-255 (a) of the Subdivision regulations requires newly created residential lots to have a width of not less than 75-feet and lot area of not less than 7,500 square feet. The subject property is located within the RL (Residential, Low Density) Comprehensive Plan land use category, which requires 7260 square feet of lot area per dwelling unit and within the RS-2 (Residential, Single-family) Zoning District, which per Section 24-105 of the Land Development Regulations, requires minimum lot width of 75-feet and depth of 100-feet. This property originally consisted of a parent parcel that contained 15,000 square feet with 150- j feet in width and 100-feet in depth. Multi-family (condominium) development is located on the north side of this property, and single-family residential lots that are 70-feet in width are directly across from this property on the south side of Club Drive. In 1982, a 50-foot x 100-foot portion on the west side of the parent parcel was separated, and the City issued Building Permits to construct a single-family residence on that subdivided 50 x 100-foot parcel. At that time, the City had not yet adopted a Comprehensive Plan establishing density limitations; however, the requirement for new residential lots to have a width of not less than 75 feet and lot area of not less than 7,500 square feet has been in effect since at least 1969. The proposed two new lots would contain 5000 square feet of lot area and 50-feet in lot width. As such, staff cannot find that the two proposed 50-foot by 100-foot lots are consistent with the Comprehensive Plan or the RS-2 Zoning District regulations. Section 24-291 provides that the City Commission may grant a waiver to the Subdivision regulations upon finding that the r1 conditions of paragraph (b) are met. y Sec. 24-191. Waiver. ■ (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. 3 (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. 1 di AGENDA ITEM#BC DECEMBER 13,2004 (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. ■ (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. r'" 1 1 1 j J W BUDGET: No budget issues involved in this request. RECOMMENDATION: Motion to deny a request for a waiver of Section 24-255 (a), finding that the two proposed lots, which are 50-foot wide by 100-foot deep and containing 5000 square feet each, are not consistent with the Residential, Low Density Comprehensive Plan land use designation or the RS-2 Zoning District requirements. ATTACHMENTS: Supporting information including Property Appraiser's map, survey of the existing property and proposed new lots, along with information submitted by the applicant. REVIEWED BY CITY MANAGER: 2 December 13,2004 regular meeting Map Output AGENDA ITEM 48C J DECEMBER 13,2004 4 JA_XGIS Property Informationis I I I III I 1 982 , 01 9tl _901 Il6.4-"-10_I:O C1O1'1.QJ1 965 95] t { 1 1 171 II O t}tai mooI y I, I t` 1 9 tyo� 1 7 . 1 ll0?l0 11°40111/1-114'l • 937 972 III i 11" l j I t011o.io10.101 Q� 1303 926 905 962 ��I sti pp ! 1 . . 1 1 '� III 1 , I 1 L11 91 S '=I gTI4 ll 895 892 II �,' 1 _ 1 • _ f0Y''1011010 t0 II .111 . III 1 t 1010to l0I to] 898 y7`{�' I , - rI j 6a5 I. Ig � L'1 / l 110 ,1-9 41o�lo Ito_ Y 1 II 1 1- 10 _ 10 10_}l0_ ■ 312 III ll t 882 I I 11or10 104i10110 I I 879 r10 14_10: l0+111.,,10 Ii 11 1 871 {0$74 114 11L 11L I 10 10./a 10-p° III 877 11255 II 275 iLWS I, 0.I le 10 ..10 10 4 a 309 1 L I 848 1 aha II 9 PEkZ1L. .. _I74Z3F 1!111 861 '�__ 151 [,11 I 114 859 1 1246 01 0 a9D I 1 ' II 1 I I_ 1Ftiff _ ill 11 aa 838 1 I 181 310 396 �I 1 a26 I ggp b', Ilii 190 I 150 130 I 825 au E 3171311 EOl 1 III 612 Illi las 11 165' 115 125 83D II I i lam{ 716 I I 3107701 �� 1 1` 1m I 140 110il 1 1 I[ 1 Copyrisht 1C12092 C Ay of Jacksonville.FI 11 REN NameAtltlisoa 7Ve�lae AcmeBook Rene/ 8881 888"428888 6.alplha Zoning 151 1 1625-29E 22 Not in 1]0216 ROBIO CLUB OR 1145850 23000009e17 558 TUNTIC BEACH FloodL VABETH ANNE TRUST }2233 HOTEL RESERVATION RECOCone 3 8 3 3 Ihttp://maps coj.net/WEBSITE/DuvalMAps/toolbar.asp 12/3/2004 a MAP SHOWING BOUNDARY SURVEY OF: A PAH! OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, di FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85332'15" . EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 146.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 85'32'15" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 99.87 FEET; THENCE NORTH 06'15'32" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 100.13 FEET; THENCE SOUTH 85'19'17' WEST, A DISTANCE OF 99.89 FEET; THENCE SOUTH 06'16'42" EAST, A DISTANCE OF 99.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. di AGENDA ITEM#8C . 2004 ATLANTIC BFAGH HOTEL RESERVATION 13, t! PIAT 6008 5, PAGE 69 (ALSO MNOWN PS SEAPIACE CONDOMINIUM) w O.R.v. x{5295, PAGE 125 NDuIO 1/z'IRON PIP FOUND r/2)IRON PIPE 9B5'19'1]^N 99.89-- NO mErmeunox II xD IDENTIncm.ary -- '' it moron rt.,Mal AM EPIs,—,L, _ __ _ ,� - nat.:, g a ti o m C p m u Y A C 'z < a: ,. Ifo. M1 ...= Bay' II J m 6_, < ia p S Ao m co m mm . ." v " o. D fZ 9 :NSI L yF , 0 -m i m 3 now fl A S I •• FxODNO I/1 RDx PE FDExn/Flz • uiRDm PrPE Cmo➢ +•' 33 Lea-) D "r / a_ 99.87'1 .. . . CLUBmSxnHaN8n532'15E DRIV j50' RIGHT-OF-WAYE Existing parcel mom • Rona mom,0 *nu 'RRaI country aELM DRIVE AS RE 1.1 RPM.mares comm.MGOIMS Mr-WIE CPRlf1ED TO: —X—0040/174 1r WPR1 FENCE°UM AS*MD £ Al.# —EtR000 PEACE urr&I NEMO — h BOB FFO510 May oar ammoanonot flariarnaNs MAT ARE ROT SHORN ON Cur Cavo,;wantw K war • nocw's a' • I hereby certify that Nb wry mot. the I minimum technical standards a...t MIh by the florlda Board at Land wrap., man! to 111 D l R D r N elp17 orlon t! StotufasCad anter V '\ C 'V Btyn quina .bmbl. Cad SURVEYING AND MAPPING, INC. REGISTERED Bim Lmetlu Ra2tl /��7 w .hc724-ll5 Flotltlo ]3311 / I I (LICE ]30-5588 For 32,-915, LICENSED BlI51NE55 NO. Bfi9G CIX+. SIGNED JI ILY 21 2004 SCALE: jIs EMBOSSED WTIB-4691 NIS SURVEY NOT VALID UNLESS THIS PRINT NE SEAL OF 111E ABOw s0NE0. I MAP OF: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH I AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN I PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 196.18 FEET TO THE POINT OF BEGINNING; THENCE NORTH 05'15'43" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 99.94 FEET; THENCE NORTH 55'19'17" EAST, A DISTANCE OF 49.94 FEET; THENCE SOUTH D6'15'32" EAST,. A DISTANCE OF . 100.13 FEET TO THE SAID NORTH LINE; THENCE SOUTH 85432'15" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 49,94 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. ' AGENDA ITEM#8C • ArLANnc BEACH HOT pL EEssE�R°ATION DECEMBER 13,2004 • pLAT BoaN 5. E cGNBGUINluu7 (ALSO KNOWN AS SEMIAC I . O.R.V. P'S298. PACE 125 NB519'17-E 49.94' y . Zi ' O m N s tar la" ..o 2 51 p � I Co m A I tears) J Tm,_1 n 4 A � 9 T I i _. 1 , y £Z m . . . I m,w � t 3A o g K irC _,/SBS'32'15'N 49.94' m I -c w_.m.m "�"„ CLUB DRIVE 50' RIGHT—OF—WAV I • I Proposed new lot I hams nos DOES MOT PURPORT TO SE A BOINADOW SLANE,'I.,NES PROP SOY ISM.ME aw.en P.,n‘F -MCIL1001 0 M5m m CERTIFIED TO: O SRM AL & BOB FROSIO ' NA°DOMECONNIE Mona m rvt"AN"necvmf n THERE WY NE ACEMONAL RE ANL PONS 1144/ARE AC I MOWN ON • I TbWthis rrv. busby[artily thatsts thu m9num t.v,nlm y sat t . th by 1 u.Florida Booty of Land Sures . unwell to • DURDEN Section 471027 Flare Statute m. Chapter • • 111 SURVEYING AND MAPPING, INC. 1 01917 Honda Mn' atmn vol. I'nm / 8150 LI,aetm Rood Jeanullle, Floods 32211 _ (901) ]30-5510 Po. 730-9154 1/ IJCENSm BUSINESS NO. 6696 I A.ma ouux,Jr. SIGNED JOI T 21 2001 SCALE: I" - p0' 8-4696 MIS SURVEY NOT VAUD UNLESS MIS PRINT IS EMBOSSED MCR THE SEAL OF RIE ABOVE Sdm. AGENDA ITEM k8C MAP OF: DECEMBER 13,2004 A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT ROOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO, 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF OUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 146/5 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'16'42" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 99.75 FEET; THENCE NORTH 8519'17" EAST, A DISTANCE OF 49.95 FEET; THENCE SOUTH 06'15'43" EAST, A DISTANCE OF 99.94 FEET TO SAID NORTH LINE; THENCE SOUTH 8532'15" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 49.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. • A-CANTLE BEACH HOTELL. E SERVATION PIAT BOOK 5, (ALSO KNOWN AS SEM AGECCI2$MINW M) 0.14.V. #5299. lc eroinoo N85'19'17 E 49.95' t - —— — — _ z z �m m IlErS o pica alq m •< 0 q mr I 1 R N 1 l . P # m x m D Q co LA '50 m om �rI s q rix' v D •JZ du e^ ,— ... ..._ _ nn OZ m "� II $ Z 7,- au �'w y Y w el J O A C Z :� � , .,, E < C o m73 o2 na. "-. nom /SRS'3T'15'W 9.9a' T^ fa a .,®Am.a JDRIVE CLUB 50' RIGHT—OF—WAY Proposed new lot ROMS P ,,. ,.m. m N 2 75 000P C' an.V MOM"UMW.RECORDS MEW! CERnf1ED TO: --X—oceorin mit FENCE DM*AT 14014.0 —II—OEBOTES W WOOD FEW(MC*AS WED F AL k BOB FROSIO MERE IMY Be WOMOW RESIFICIIOW PM/ME NOT SNOW/ON /MS EMMY MN/WY*DOUAI IR ME Mar RECORDS or owe cOtnere*gal I hereby o rtfy that this mummy meet. Pe minimum technical etaeapde as alit forth by I 1 the Florida Board of Land Sum . uont to DURDEN Section 472.027{Iplda Stotut O,opter . 9190 clans Atli,* nm I I SURVEYING AND MAPPING, INC. / Jacksonville.0150 Lmnntor Booe A Fmnea 32211 I I i (904) 724-55513fox 709-9154 n. .103*OVERED SUR**Ma 4 LICENSED BUSINESS NO. B693 x./*RE wnmu..r. SIGNED .Ally 21 JM4 SCALE'. Y 30' THIS SURVEY NOT VALID UNLESS Iles PRINT IS EYB09;D MTH THE SEAL OF WE ABOVE SIGNED. B-4695 IAGENDA ITEM#8C - DECEMBER 13,2004 ')^2, 1-1,,, 1 9D' I APPLICATION FOR SUBDIVISION WAIVER City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233 I Phone: (904)247-5800 • FAX (904)247-5805 • http://www.coab.us Date ///24% / File No./`8Ca/702-VA OU OO �// / // Receipt gave' 1. Applicant's Name 4 lzeor/ H.fy ,0,/44.0-61.-/C9-0S/0)/4-754(no-. /fos`S //��G:t!'a I2. Applicant's Address n O V 51-1"/IS-�. 4,/r -sta G / ..2/sc c-- ,C(. 5 Z Z 4, 3. Property Location /57 C6-z-6 J/i% )o 444/p-.cf/e C al-c-X � 7 L2-33 4. Property Appraiser's Real Estate Number /XX?P 53 I S. Current Zoning Classification .4.0.€60,1406745.01406'P6. ComprehensivefPlan Future Land Use designation /1� 7. Requested provision(s)from which waiver is sought: ,/ Q c/441-1., z r— /9 / I / '/ / 8. Size of Parcel /v X /z� 9.Utility Provider i C o 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 I specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. (See attached Section 24-191.) I 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 I 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; /vs''& Signature of owner(s)or authorized person if owner's authorization form is attached] //w., I %i,-f N Printed or typed name(s): ceS(J • II / /,i, 9- _ _ � � ' �� //ma�yy! !, I Signature(s): / liar / a !_ u� , , % IADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Mailing Address: I Phone: FAX: E-mail: I ' AGENDA ITEM#8C DECEMBER 13,2004 To: Atlantic Beach City Commission From: Bob, Kathy, Al, and Mary Frosio, co-owners of 151 Club Drive Re: Request for waiver of 151 Club Drive (re: #1702460000) per code ordinances 24-187 We are requesting a waiver to section 24-255, which addresses minimum lot size for any lots created after the regulation went into effect. Per section 24-107 of the Atlantic Beach ' code of ordinances, single family dwellings zoned RG-2 must have a minimum lot size of 5,000 square feet and a minimum lot width of 50'. See chapter 24, article III,entitled "Zoning Regulations". Per section 24-255, residential lots must be at least 75' in width and no less than 7,500 square feet unless approved as a part of a PUD. See chapter 24, article IV, entitled"Subdivision Regulations". ' Our proposed division of 151 Club Drive would create two 50' x 100' lots equaling 5,000 square feet each. The zoning is RG-2, and the property is not part of a defined subdivision but is legally described as a part of the"Hotel Reservation". ' We are respectfully submitting our request for a waiver based on the following: ' 1.) In 1982,the city allowed our mother, Elizabeth Frosio,to subdivide the original parcel (150' x 100') creating a 50' x 100' lot. The lot was sold and ' the proceeds were used to pay off the original mortgage. The requested second division of the property is a continuation of the original plan to further subdivide the property. Part of the proceeds from the sale of these lots will ' help provide for our mother's long-term care. She is the widow of a veteran killed in action in Vietnam. Her hardship is that her age, mental condition,and deteriorating health do not allow her to continue to live in or maintain a home, ' and she has moved to a nearby assisted living facility. The subdivision of the property will allow us to realize the maximum return the property would allow. We are asking the Commission to allow us to exercise our vested t rights and to continue the process that the city allowed our family to start in 1982. '- 2.) The granting of this waiver will not be injurious to other adjacent properties. In fact, the existing house, a 1920's block home, is in disrepair and would be replaced by two new homes whose style would be consistent with the tneighborhood. This helps adjacent property owners by eliminating a potential rental property and beautifying the street. Also,the surrounding property ' values would increase, and the city would benefit as well from an increased tax base. Club Drive already has one 50' lot with a home adjacent to the subject property. At the end of the street on the ocean is a 35' lot with a house. Directly behind the subject property is Sea Place condominiums, which is a very large multi-family unit. Immediately adjacent to the northwest corner of 1 AGENDA ITEM#8C DECEMBER 13,2004 1 ' said property is another six unit multi-family development. Additionally, The Cloisters, and Le Chateau are around the corner and are also multi-family units. Certainly, two new single-family homes on 50' lots are consistent with ' the neighborhood. ' 3.) The conditions upon which this request for a waiver is based are particular to this property. They are not generally applicable to other properties and do not result from actions of the applicant. 4.) The waiver is consistent with the intent and purpose of this chapter; The Comprehensive Plan and the Requirements of this Article. Section 24-107, in Article III, clearly states the minimum lot width is (50') and size (5,000 square feet) for RG-2 zoning. On the other hand,Article IV, entitled "Subdivision Regulations"has different minimum requirements, i. e., 75' width and 7,500 ' square feet(Sec. 24-255). Furthermore, our property is not a platted subdivision but is a part of the "Hotel Reservation". Thank you for consideration of this matter. Shp-rel Y , /fivkr � Bob Frosio Kathy Frosio oss ' Al Frosio Mary Frosio 1 1 1 Map Output AGENDA ITEM NC DECEMBER 13,2004 ' JAXGIS Property Information I III ' Ij" r M r� a ' I 966 li. ii, 'I 11:::7-.1 957 982 'i;Igltacnritd v rnw 3a3in 10 Lunnew, I IIifn , mR,71T1�1s iii I926I r , 1, I� I'I , 905 4 '11 ,,, •1' 7411 s 1 I I18 �ll l rti -'�t r, ENKE to ,o au y` ,oininirlden, 41 ee4 y u a71� - IIyI1<[3Sf1R7 1III y . 1 1� 1 ga, I L T r , 'I 859 1171 .1246 Or(. p 151 899 l�l849 glillA_ II Iiii 31oll/ 0 826 44 .51 68 a80 190 1 150 Ili 825 ug1 e ir e t a,a ` li 11111 125 11 830 ' 317 311 t� 185 ,_~ 8M y ' 716 I 1 3f0 7711 4i 170 140 1,9 +li Il Capyrght IC)2002C Hy eh Jcbonville.Fl `t�` 1 0 NS ' RE 9 NineAtltlrae Total Acres Rat Map Book Panel Legal Descriptions Flood tantalise Zoning Zone ��f 151 6-1 ifi-28-29E 22 Not in ' 170248000 °8 ELIZABETH ANNE TRUST CLUB DR 414585023000000417 5584 ATLANTIC BEACH Flood 32233 PT HOTEL RESERVATION RECDQone I I I I ' http://maps.coj.net/WEBSITE/DuvalMAps/toolba7.asp 12/3/2004 ' AGENDA ITEM#8D DECEMBER 13,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Award Bid number 0405-1 (Re-bid) Oceanside Rotary Skate Park Project to Grindline Skateparks, Inc. in the amount of$175,000. SUBMITTED BY: Timmy Johnson, Parks& Recreation Director DATE: December 3, 2004 BACKGROUND: On November 23, bid number 0405-1 (Re-bid) Oceanside ' Rotary Skate Park Project were opened and the following bids were received: • Grindline Skateparks, Inc. $175,000 ' Adjusted Technical Score 2237.85 • Team Pain Enterprises, Inc $199,999 Adjusted Technical Score 2808.97 • Batts Pool No bid The following items were add alternatives and could cost an additional$30,000: Fencing, Landscaping and Concrete Sidewalk Work. Technical proposals were received and each company were graded on the following: • Skate Park Construction Ability/Experience 30 ' • Schedule 15 • Past Construction Performance 30 • Proximity 25 ' Total Weight 100 BUDGET: $175,000 has been budgeted for this project; however, this ' bid does not include fencing, landscaping and concrete sidewalk work. We are looking at other alternatives and will inform the Commission of our recommendation, but to complete the project could require a budget increase. RECOMMENDATION: Award Base Bid Number 0405-1 (Re-bid) Oceanside ' Rotary Skate Park Project to Grindline Skateparks, Inc. in the amount of$175,000. ' ATTACHMENTS: Bid Tabulation Form Technical Proposals Evaluation Form REVIEWED BY CITY MANAGER• IAGENDA_m_m DECEMBER 13,2004 I I 2 9 — ) 2 @ % k - - • - - X @ - ; ƒ ( & . 01 . I I \\ ( . . . - - . k k k P — I : - a $ k . , cm 2 ° ore 0 - ill co ' a. 11 a - / 2( o ! t @ as / \ \ ` C I ! ; | E /§ 2 co z \ o ca / ` al in j \ a 0 f alj { 2 t {{ re I ! P. ( \ ) }\ co « t u_ % § E \ \ o B o. et it- i { \ : n Q. k 4 5 § - ! a t \ k ) § I ; # ) & 2 $ e § ! § I I AGENDA ITEM NSD IDECEMBER 13,2004 I I 1N I .ea 0 n Po I do tic 1 t I O 44 Ci w1 N C I .0 a e '.io '.,c at F41 N' W 9N \ V. , 4 .r. •0 s I W a � /� O ' e -'"...S' \ Li u a 1 a = � M ' ro Crig g l i .. aVa � �' do d e /moi /�� tel. , 4,0 t , ....._, -....„: ') I o v ,. r N5N AI-1i ae �� \ . � at 't.: d mUd °o L -11 Sy0 I do a 9 to a, A. >s 4,, o j I ca c� Pu cgy 5 ail .5.6 Q H AGENDA ITEM#8E DECEMBER 13,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Award bid number 0405-3 Renovation of Dune Walkovers to Schippers Marine Construction in the amount of$52,642 SUBMI IT ED BY: Timmy Johnson, Parks &Recreation Director ' DATE: December 3,2004 BACKGROUND: On November 23,bid number 0405-3 Renovation of Dune Walkovers at Ahem, 6th, 11th, 13th, 18th, and 20th Street were opened and we received the following bids: ' • A-One Dock Builders $89,377.48 • Sheza General Contractor $78,500.00 • BNC Inc. $73,903.00 ' • Schippers Marine Const. $65,625.00 Because of hurricane damage, walkovers at Ahern, 6th, 11th, — and 13th,were added to the bid,which is reimbursable through FEMA. We expect FEMA to reimburse us approximately$20,792 and to save an additional $4,500 Ahern Street will be done in-house. BUDGET: The original budget is$45,000. Until a budget amendment ' can be adopted, staff recommends moving money from another project,which means holding off on replacing the windows on the theater part of Adele Grage building until ' the end of ABET season and submitting a mid-year budget modification for approval. RECOMMENDATION: Award bid number 0405-3 Renovation of Dune Walkovers to Schippers Marine Construction in the amount of$52,642 ' ATTACHMENTS: Bid Tabulation Form REVIEWED BY CITY MANAG R: 1 AGENDA ITEM 08E I DECEMBER 13,2004 I I f a 8 70 n c w m j x x x x x x x x x x x=' V w w .c° • 14 4! C 2 x x x x x x x x x x x a cw CI t V w w N I m 2 m f I 05uo 44 CC Z 2x x XxxxXxxU Q m <5 c I Yt ww vs r• a �3 'ma i m w▪ t r C I • = f" `worm e € :C.-OW E — S $ 2,zOeg o m' x xxxxx x y o I Z ▪ Y cc,w wO� w O2 2W In• ¢ a E a31 • m Ith 9 I Eo Tore° • o n` E E m ri rc B 8u ctltqO '3 'd • Y C 2 y U m8 E W m w c E $ t. a 2 LL a g w U m w E I ` v .2 21 o 0 c m F w g Sa m ewEgm 'om ommmccE 0huwo6roo - : uat 1 AGENDA ITEM#8F DECEMBER 13,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT 1 AGENDA ITEM: Request from Bestcon Homes to Allow Construction of Houses in Paradise Preserve prior to Completion and Acceptance of Streets and Utilities SUBMITTED BY: Jim Hanson, City Mana DATE: December 2, 2004 BACKGROUND: Paul Nichols, President of Bestcon Homes, has requested that the City Commission waive the provisions of the City Code requiring acceptance of streets and utilities in a subdivision prior to issuance of building permits for individual houses. See the attached letter dated November 11, 2004 from Mr. Nichols for more information about his request. Also, attached for your information is a letter dated November 12`h from myself to Mr. Nichols in response to his letter. ' BUDGET: The streets in the Paradise Preserve PUD will be privately owned and maintained. As part of the PUD application and approval process, the City ' has received copies of the homeowner's association covenants that should provide for street maintenance. Assuming that the water and sewer systems are built in accordance with city specifications,then the only cost to the City will be the normal maintenance of the water and sewer Imes that serve this subdivision. Other city services such as police, fire,etc will be offset by the ad valorem taxes paid by the new residents. RECOMMENDATION: See the letter to Mr. Nichols dated November 12, 2004. ATTACHMENT: 1)Letter from Paul Nichols dated November 11, 2004 2)Response to Paul Nichols from City Manager dated November 12, 2004 i i I j I I AGENDA ITEM#8F DECEMBER 13,2004 1 I I! Si I I I I ii e . . . November 11, 2004 ' BESTCON It Jim Hanson I HOMES City Manager City of Atlantic Beach, Florida 4400 Marsh Landing Blvd. 800 Seminole Road ' Suite 6 Atlantic Beach, FL Ponte Vedra Beach,Florida 32082 Phone: 904.246.3747 Dear Mr. Hanson: I Fax: 904.246.7126 CRCO22a65 As you may be aware, BESTCON of Jacksonville is nearing completion of the infra-structure for Paradise Preserve, on Dutton IIsland Road. We look forward as I am sure you do. to having Paradise Preserve become an active neighborhood and an asset to the City of Atlantic Beach. IOur success however can only be proven with our ability to sell and complete houses. That being said, BESTCON Homes has been lucky Ito have made six sales in Paradise Preserve since we began to offer prospective buyers the opportunity to purchase from us. If is my goal as we near the completion of the subdivision to have these six pre- sales and two specs submitted for review and permitting by your staff, within the coming two months. IIt has however come to my attention that the Director of Public Works feels bound by the restrictions of Sec. 24-235 of your Land Development Regulations and as such, is unable to approve the second ' permit that we have applied for. In the past (Paradise Cove and Hidden Paradise), working in concert with both the Director of Public I Works, and the head Building Official, we have been able to begin the process of construction when: ' 1. The plat for the subdivision had been recorded. 2. Sufficient time had elapsed so as the conclusion of the house construction process clearly would stretch beyond the reasonable time expected to acquire a Certificate of Completion for the subdivision improvements. 3. The builder (BESTCON Homes) accepted fully the I knowledge that a Certificate of Occupancy WOULD NOT be issued unless a Certificate of Completion had been issued. ' I have spoken with our coordinator of the development activities in Paradise Preserve. He told me that we would be ready for a Certificate of Completion inspection, sometime within the next three ' months. Our average construction time AFTER receiving a permit is AGENDA ITEM#8F DECEMBER 13,2004 t ' 150 days. I would suggest that this is well beyond the time sufficient to get this Certificate of Completion from Public Works. ' I would therefore respectfully request some consideration in granting us building permits for these 8 houses in Paradise Preserve. The houses will be built on Lots 3, 4, 13, 32, 43, 44, 45, and 47. As I said, we have not applied as yet for all the permits, but the ' applications are forthcoming, in the next 5 weeks. I look forward to your response. S erely yours, a L.,. ' Paul W. Nichols BESTCON of Jacksonville, Inc. —President BESTCON Homes— President ' cc: Mr. Don Ford, Head Building Official Ms. Sonya Doerr, Community Development Director Mr. Rick Carper, Public Works Director 1 t 1 1 1 1 I NOV-10-2004 WED 07:45 AM ATL. BCR. PUBLIC WORKS FAX NO. 904 247 5843 AGENDA ITEM#8F _ _ ..- - _. - - . - DECEMBER 13,2004 CrN DEPARTMENT OF PUBLIC WORKS i 1200 SANDPIPER LANE ;i kt r NOV El 2004 ATLANTIC BEACH,FLORIDA 321s.5-4318 22. TELEPHONE:(904)24/-5834 to FAX:(904)247 5843 �• SUNCOM• 852 5834 r -,�) ` ___ huup://cladanuc-bmch.B.us ' asg0 PLAN REVIEW COMMENTS FROM THE PUBLIC WORKS DEPARTMENT o4 - 28263 Permit Application # _ I Applicant: SE 6T CVN HOMES _..-- Address: 931 YANtwisF cemiki ' Project r4 N 511\IGLE FAMILY prlEl_1-1HG- ' a Your application is approved as noted by the Public Works Department. Final application approval must come from the Building Department I Your permit application has been reviewed by the Public Works Department and the following items need attention: I Prior to issuing building permits for indivloos, - Certificate of Completion is required for publicly of d I and maintained improvements (water and sewer) - City Atlantic Beach Land Development Regulations Sec. 24-235 lists requirements for issuance of Certificate of Completion. • -' _ gra ' Sitz plan, topographical survey and drainage plan required. Provide erosion and sediment control plans with details. Building permit application references 931 Paradise Circle, I plreview comment sheet references 931 .earadi se Court, and plans reference Lot 3 Paradise Preserve, Siesta Cove, Jacksonville Beach. ' Please submit these requirements to the Public Works Department, 1200 Sandpiper Lane, I Atlantic Beach,FL 32233 in order that we can approve your application. If you have any questions,please call (904)247-5834. Review• b ar ck Carper. Pl.,Public Works Director IDate l( f Signature IContrautor Notified Date IAGENDA ITEM#8F DECEMBER 13,2004 ICITY OF ATLANTIC BEACH JS800 SEMINOLE ROAD I 'a ATLANTIC BEACH,FLORIDA 32233-5445 j, '' TELEPHONE:(904)247-5800 FAX (904)247-5805 '� _ 'y SUNCOM: 852-5800 http://ciatlantic-beach.0.us I INovember 12, 2004 IPaul Nichols Bestcon of Jacksonville,Inc. ' 4400 Marsh Landing Boulevard, Suite 6 Ponte Vedra Beach, FL 32082 , ' RE: Paradise Preserve Dear Mr.Nichols; I This is to respond to your letter of November 11, 2004 requesting a waiver from the city subdivision regulations requiring acceptance of streets prior to issuance of building permits. IFirst, congratulations on your success in selling several of the lots in this subdivision. You are building in one of the last natural and beautiful areas of Atlantic Beach that is left to develop. Undoubtedly the beauty of the land with the marsh frontage, coupled with the proximity to I Dutton Island Preserve, will make the sale of the remaining lots relatively simple as well as profitable. ' The City Manager does not the authority to waive provisions of Section 24-325 of the City Code requiring acceptance of subdivision streets. The authority to do this rests with the Mayor and 1 Commission. If you would like to make an application for their approval, I would be glad to put it on the agenda for their consideration. However, you should know that I would not be inclined to support your request. ISeveral problems have come up in the past when Atlantic Beach, or other cities, have allowed the construction of homes to begin prior to the completion of the streets and utilities. Your last I subdivision, Hidden Paradise,provides some examples of these problems. During construction significant changes were made in the field to the approved design. The drainage and stormwater water treatment facilities were not built in accordance with the approved plans. We understand I that your engineer is having ongoing discussions with the Water Management District about improvements that will be needed for their acceptance. There was also considerable discussion between your staff and our Public Works Director about other corrective actions that were required by the city to bring the development to an acceptable level. The streets and drainage system have still not been accepted even though almost every lot has been sold, homes built and families living in them. I AGENDA ITEM#8F ' DECEMBER 13,2004 You offered to let the city withhold Certificates of Occupancy for completed houses until the ' streets and utilities are complete and accepted. This tends to penalize both the new homeowners and the city. If, as in the case of Hidden Paradise, the development is not built according to plan and there are protracted discussions with regulatory agencies about corrections, then the ' homeowners are unable to move in when their homes are complete. Most new homeowners are anxious to move in and have made arrangements to move out of their old homes. They did not create the problem and they should not be delayed due to someone else's fault. The city is ' penalized when this occurs because the homeowners often get the impression that this city or other regulatory agencies are being arbitrary. I understand one of your lot owners in Paradise Preserve has already called Public Works to ask why the city would not permit construction to begin on their house. The requirement to complete the streets and utilities prior to beginning house construction is common among other cities. If you are going to begin selling the lots well before the streets are accepted,then it is your responsibility to explain to your buyers what the rules are and why they are in place. There are many subdivisions in our city that were built well before your time where Atlantic Beach has had to invest large amounts of public funds to correct poor construction practices. While your work has been very good,one doesn't have to look far to see why we have these rules. ' Last, it is clear that you are not far from completion of the streets and utilities. You have already put the base down for some of the streets in your subdivision and the water and sewer lines are in the ground. Consequently, the completion of these items should be in the near future. We hope that the requirement to complete the streets and utilities prior to house construction would impose-little or no delay to your eager residents. ' Paradise Preserve will ultimately become a positive addition to Atlantic Beach because of the location next to the marsh, the strong reputation that Bestcon Homes has for quality construction, and because of many other desirable factors in Atlantic Beach. We stand ready to work with you ' to review your plans and inspect your construction quickly. If you have any problems with these, please let me know. I am, ' Very truly yours, I anson ity Manager cc: Rick Carper, Public Works Director ' Don Ford, Building Official Sonya Doerr, Community Development Director t 1 I AGENDA ITEM#SF DECEMBER 13,2004 I a I I APPLICATION FOR SUBDIVISION WAIVER I City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Phone: (904)247-5800 FAX (904)247-5805 http://www.coab.us ' Date /a - 6 - 0,7/ File No. Receipt I1. Applicant's Name Thsfenn o-70WfjfV/Nle, The - 2. Applicant's Address '41'4,00 March Lending Blvd. Sr I67 Thn+r V�dvc_ S (T/ R. I 3. Property Location Y[1rod Ise The ervto, Do-Ion TSlfl� Tnvl✓ 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification Pu t° 6. Comprehensivepr�� Plan Future Land Use designation 2 L I7. Requested provision(s)from whichwhich waiver is sought: IX4 c sa �(C I8. Size of Parcel 1) Wes 9.Utility Provider [tel I 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 Iapprove 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 I 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. Ic. Required number of copies(4) d. Application Fee($250.00) 1 I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)o thorized person if owner's authorization form Is attached: ' Printed or typed na 4, 1 I kA/ Nichols Signature(s): ,r ' ADDRESS AND CONTACT INFORMATION( 1 ^OFF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS IAPPLICATION Name: TOLL I Nichols (� I �- I^ Mailing Address:'/ Woo Marsh lolrudin9 avd S+P, (p Thv#e.Vrr1ra, recrin ' Phone: r2iih 37(/7 FAX: 4(0 1/a6 E-mail:'f/) debesfr1b f '. 1 AGENDA ITEM#8F DECEMBER 13,2004 Statement of Facts: It is acknowledged by BESTCON of Jacksonville, Inc. (Developer) and BESTCON, Inc. (Builder) that the City of Atlantic Beach through its subdivision ordinance (Sec. 24-235) disallows the procurement of a Building Permit until such time as a Certificate of Completion has been issued. Both the Developer and Builder would let it be known that: 1 1. Developer is within three (months) of applying for its Certificate of Completion for Paradise Preserve a planned unit development in Atlantic Beach. ' 2. The average construction time of a house by Builder in Paradise Preserve is projected to take no less than six (6) months. 3. It is the expressed interest of the Developer to allow sufficient time to properly certify the completion of the improvements. ' 4. Builder recognizes that the City of Atlantic Beach will not issue a Certificate of Occupancy until such time as a Certificate of Completion has been issued. ' Builder respectfully requests that building permits for the construction of single-family residences in Paradise Preserve be issued by the Head Building Official given the difference between the time necessary to apply for a Certificate of Completion and the ' minimum time necessary to complete the construction of a house. (2 g ' President, BESTCON of Jacksonville, Inc. President, BESTCON, Inc. t 1 AGENDA ITEM#9A DECEMBER 13,2004 December 6, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission 1 FROM: Jim Hanso City Manager ' SUBJECT: City M er's Report ' JEA Tree Trimming; City staff met with JEA representatives to discuss their need to trim trees around electric lines in Atlantic Beach. City staff had requested the meeting to discuss better cooperation and coordination as well as to find ways to make recently trimmed areas look better. It is understood that an electric company with overhead lines must regularly trim tree limbs to maintain their reliability of the electric system. Problems with storm related reliability became apparent in the recent series of hurricanes. ' The meeting was very positive. JEA officials agreed to contact city staff prior to any trimming operations in the future to allow for coordination, notification of the Tree Board and some cooperative decision-making about which trees and brush should be removed entirely versus which should be just trimmed. In the past,JEA crews have often done the absolute minimum in trimming which left some small trees looking like 12 foot tall stumps. JEA will also provide some plants from their nursery to replant in areas where trees or large bushes have been removed. ISO Rating; The insurance services industry designates a fire rating for each community, which assesses the community's firefighting and water system capabilities. The purpose is to rate the ' degree of risk that the insurance companies have in providing insurance to homeowners, businesses and industries in different communities. The lower the rating, the lower the insurance premiums that customers pay. Atlantic Beach currently has a ISO rating of 4, which was last ' established during an inspection in 1996. The Insurance Services Office(ISO)periodically rechecks communities to amend the ratings as needed and the they have notified Atlantic Beach that an inspection will be done early in 2005. Since our last rating, fire services were consolidated with the City of Jacksonville and many water system improvements have been made. City staff is already working with representatives from the Jacksonville Fire Department in preparation for this rating. ' Water Tank Construction; Contractors have restarted the project to install the water tank on water plant property adjacent to Mayport Road. The owner and principal operator of the ' subcontracting company that was originally erecting the tank died in an accident several months ago and the project was halted until the city's main contractor, Gruhn May, could fmd another tank construction company to finish the work. City staff has checked out the references on the new subcontractor and authorized the work to begin again. Completion is expected in early May 1 AGENDA ITEM#94 DECEMBER 13,2004 1 which should be in time to coincide with the city's peak water sale season. The contractor will pay damages to the city for the delay of the job, which will cover the city's increase cost for tank inspection. ' Hazardous Waste Collection;The City of Jacksonville has scheduled another hazardous waste collection day at the beaches. It will be held on Saturday, January 8th at City Hall in Atlantic Beach. As before,the public will be invited to bring their hazardous materials to City Hall so ' that they can be properly handled by the City of Jacksonville. This will include paint, batteries, used computers and so forth. The news media will be asked to publicize the event as the time gets closer. ' Fleet Landin¢ Utility Bill; The City of Atlantic Beach has been over billing Fleet Landing for water and sewer use since 1995. The total amount of the over billing is approximately$78,000. As soon as city staff can finalize the recalculation of each monthly bill going back to 1995, a rebate will be provided to Fleet Landing. ' The error in billings was found when the city implemented the recently adopted water and sewer rate amendments. The problem began in 1995 when a recount was done on the number of households receiving individual(non-dumpster) garbage collection at Fleet Landing. The number of units being billed for garbage collection was increased at that time. However, city staff mistakenly assumed that this also meant that their number of residential units for water and ' sewer billings should also be increased. This was a mistake. It resulted in double counting of 56 runts. -While Fleet Landing was notified of the increased count for the garbage collection, they were not notified of the change in the water and sewer billings and the Fleet Landing staff had no ' way of calculating the water and sewer bill for themselves because of the complicated calculations. Fleet Landing is particularly complicated because they have single family units, duplex units, apartment complexes, a nursing home, a restaurant, a laundry and other facilities all connected behind one set of meters. While the billings from any of these would individually be relatively straightforward, the combination of all of these types of customers is a fairly complex process. Post Office Status; Discussions have continued with Post Office representatives about the project to open a public access from the Post Office on Mayport Road onto Plaza Drive. Most ' recently, Post Office attorneys had determined that the USPS cannot contract with Atlantic Beach to do work on government property due to numerous federal government requirements. However, we have agreed that each entity will design and construct the needed improvements in ' closecooperationwith each other. Both the City and the Post Office are beginning the design of the work. The plan is to have both projects bid at the same time with an option of a discount by a contractor that can do both projects(while working for two different entities). Hopefully, bids ' can be taken on this project within the next few months and construction begun. The Commission will be posted as to the outcome of the bids when they are received.