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11-13-06 Agenda Packet vCity of Atlantic Beach N 0 4 01 1 '` 10i4t* City Commission Agenda November 13, 2006 i LOBBY COPY DO NOT REMOVE CITY OF ATLANTIC BEACH CITY COMMISSION MEETTNr NOVEMBER 13, 2006 AGENDA *Amended Call to order Tnvocation and pledge tcl the flag 1. Approve minutes of the Regular Commission meeting of nctoher 212 2006. 2. Courtpss of Floor to Visitors 1. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report (City Manager) 4. Consent Agenda ALT, MATTERS T.TSTFT) TTNT)PR TNF. CC)NSPNT ACfPNDA ARF C0NSTDFRFT) TC) RF RC)TTT-INF RV TNF. CTTV CC)MMTSSTC)N ANT) WTT.T. RF FNACTFT) RV (NF. MOTION IN TT -TP FORM T .ISTET) BET OW. THERE WIT T BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WTT.T, BF. RF.MOVF.T) FROM THF CONSFNT AGENDA AND WTT.T. RF. CONSTDFRF.T) SFPAR ATPT.Y. ST TPP0RTTNG D0CTTMF.NTATT0N AND STAFF R FCOMMFNT) A TTONS T -TA VF RRFN PR FVTC)T TRT.V ST TRMTTTFT) TC) CITv COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Public Works and Utility Department Reports for nctoher 2006, Monthly Financial Reports for September 2006 and New nccupatinnal T.icenges issued in nctoher 2006 (City Manager) R Authorize the City Manager to sign documents as required to execute the FY 2006-2007 CDBG contract (City Manager) C. Approve the requested fee increase of 59,169.00 to the First Vehicle Services contract for the period of 12/01 /06 through 1 1 /10/07, and authorize the City Manager to sign the proposed contract amendment (City Manager) ll. Authorize the City Manager to enter into an annual contract ending 9/30/07 with the Tennis Instructor, Brecht Catalan for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Reach Athletic Association (AR AA) for use nfRussell Park hasehall f r Ids and cnncegsion stand (City Manager) Authorise the City Manager to execute an agreement fnr profesgi'nal cnnq»lting services with the Northeast Florida Regional Planning Council not to exceed 15000 for the purpose of assisting with the preparation, public hearings and adoption of the Proportionate Fair -Share Ordinance and corresponding amendments to the City' T and Development Regulations, specifically the Concurrency Management System (City Manager) F. Approve designated streets for the Tree Planting Program (City Manager) G. Oaks of Atlantic Beach Extension - Acceptance of Water and Sewer Tnfrastructure for City Ownership and Maintenance (City Manager) 5 Committee R eports None 1 B. Request from the Comfort Tnn located at ?4n1 Mayport Road to allow fnr fill sign face replacement on a nonconforming pylon sign (City Manager) C. Waste Services Request for Yard Waste Pickup Change (City Manager) Tl. Tlistrihution of proposed amendments to Rection 24-112 of the Land Tlevelopment Regulations, the Commercial General (CCT) Zoning fistrict regulations, including provisions to address large scale retail development as recommended for adoption by the Community Development Board (City Manager) F. Code Red F.mergencv Notification System (City Manager) E. Request for a Waiver frnm T. and Tlevelopment Regulations Parking Requirements (City Manager) G. Selva T.inkside Traffic Concerns (City Manager) 9, City Manager A, City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney A. Appointment of members to the Districting Committee A 'journment 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 he based. Any person wishing to speak to the City Commission on any matter at this meeting shoild 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 Cnrnmiccinn 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. Tn accordance with the Americans with Tlisabilities Act and Section 2R6.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting shnuld contact the City Clerk by 5:00 PM, Friday, November 10, ?006. MINUTES REGULAR CITY COMMISSION MEETING nctoher 21, 2fff CITY HAT .T., 800 SFMTNOT.F ROAT) Attendance TN A TTFNT) ANCF.: Mayor Tlonald Wolfson City Manager Tim Hanson Mayor Bro Tem T. nezmond Waters(HT City Clerlr nonna T . Russey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Sylvia N Simmons Commissioner .Tarnie Fletcher Ca11 to frder/Pledge Mayor Wolfson called the meeting to order at 2:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation. given by Mayor Wolfson. Mayor Wolfson welcomed the audience and explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on nctober 9, 2006 Motion: To approve the minutes of the Regular Commission Meeting on nctober 9,1A06 with one typographices1 chesnge. Moved by Fletcher, seconded by Waters Votes: Aye. S - Rorno, Eletcher, Simmons, `Nesters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor opened the fl nor to visitors. Pat Pillmore, 995 Camelia Street, read a letter she wrote to Mayor Payton. She requested that the city be more specific when using the term "waiver". Ms. Pillmore presented a small donation to the city showing support to counter any legal actions taken by citizens regarding the new Residential Standards ordinance. Jack Robbins, 1d35 Linirside nrive. representing Selva T.inkside TTnit one TTome Owners Association, explained and presented a Speed TTumps Petition and also requested that the Commission prohibit city vehicles from using the Selva Linkside neighborhood as a cut through. Stephen A. uuti, 1 11? T.inkside nrive, spoke regarding the following: 1) complimented the crew maintaining thecites right -a -way in Selva T.inkside. Ilrnft Miiintae Q f tha Razulnr ('QmmicciQn maPtijg an OrtQbPr 23, 2006 October 23, 2006 REGULAR COMMISSION MEETING Page 2 7) complimented the Utility Director for replacing the fence at the Wastewater Plant, 3) commented on traffic and speeding in the Selva Linkside neighborhood and requested additional police presence. Cindy Corey, 194 Eighth Street, reported on the nufton Island expansion project and Acquisition of Rurkman/pritchard Land Trust. She urged the Commission to attend the meeting regarding the fundraising for acquisition on October 24, 2006 at Adele Crrage Cultural Center at 7:00 pm. She advised an event called `-Marshfest" has heen scheduled for Saturday, Novemher 18, 7006 from R:00 am until 010 nm at Dutton Island, She expressed her appreciation for the support from the Parks Department and Police Department. she indicated she woild he asking the Cultural Arts and Recreation Advisory Committee for some funding. Hallie Stevens, 1R2 Seventh Street, Northeast Program Director for the Nature Conservancy, snolre regarding the proposed Resolution No. 06-11 and urged the Commission to approve the resolution. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Tim Hanson reported on the states of the Moody Marine property and indicated the design and development application has heen received along with the preliminary site plan. He indicated he would be forwarding a copy to the Commission this week. Mr, Hanson reported that Ereehird Cafe has decided not to pursue relocating to Atlantic Reach. Discussion ensued regarding the height of the structure being proposed at the Moody location. The Mayor noted that Councilman Graham and other Elected Officials have expressed opposition to significant heights on the Intracoastal Waterway and believed Atlantic Reach conid give input on the issue if necessary. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales for September 2006 Cnfnmittee Reports Mayor Wolfson read the Consent Agenda, Motion: To approve Consent Agenda as presented. Moved by Borno, seconded by Fletcher Votes- Aye: - Rorno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 6. Committee Reports None Draft M'nut"s Qf tha Ragulnr ('nmmiccinn Aifaoting nn Qrtnbor 23, 7Q( October 23, 2006 REGULAR CnMMiSSinN ie41FTINC2 Rage 3 Action on Resolutions 6. Action on Resolutions A. Resolution No. 06-13 RESOT.TTTiON OE THF. CITY OF ATLANTIC BEACH SUPPORTING A STTCC:ESSOR PROCIRAM TO ET,OR TT) A FOREVER ANT) THE CONTTNTTET) FT TNDTNCI OE PR OC.R AMR ST TC :N A C TNF. ET .OR IDA THE ELOR TD A COMMUNITIES TRI IST. WTTTCN A 4STSTS CTTTE4 AND COT TNTTES TN TNF. ACQUISITION, CONSERVATION AND MANAGEMENT OE ENVIRONMENTALLY AND CULTURALLY SIGNIFICANT LANDS Mayor Wolfson read the Resolution hy title only. Motion: Approve Resolution No. 06-13 as read. Moved by Rorno, seconded by Fletcher Mayor Wolfson expressed the importance of the program and his support for it. Votes: Aye: 5 - Rorno, Fletcher, Simmons, Waters, Wolfson Nay- fl MOTION CARRI1' Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-196, introduction and First Reading AN ORDINANCE OE THF. CTTY OE ATT.ANTiC BRACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDTNCT ORDTNANCF.NTTMRER 90-06-195, SAID ORDINANCE PREVTOUSLv ADM -NCI SECTION 74-177, RF.STDENTTAT. DRVET.OPMENT STANDARDS TO TRF T.AND DRVET.OPMFNT RPM TLA DONS, THTS ORDINANCE SPECIFICALLY AMENDING- SAID RESTDENTTAT. DPVELOOVIENT STANDARDS TO DELETE PARAGRAPH (c) (1)i. EROM SECTION 74-177, PROVTDTNG EOR RECORDATION AND PROVIDING- AN EFFFCTTVF. DA`T`E. Mayor Wolfson read the ordinance by title only. Motion: Approve Ordinance No. 90-06-196 as written on first reading. Moved by Waters. seconded hy Dorno Commissioner Waters referred the Commission to his memo. which is attached and made part of this official record as Attachment A. His memo requested passage of ordinance No. 90-06-196 and his logic behind proposing it. Commissioner Fletcher expressed conCern for bringing up new changes pertaining to the Residential Development Standards at this time. Commissioner Simmons agreed with Commissioner Fletcher and added objection to what she believed to he last minute changP3. Draft Minutes of the . "eu1ir rpmmiccipn Uvating an Ortabpr 23, 2006 Octnber /3, ,ow; RFr_T11.AR CfMMTccrnN MEETING Page 4 Commissioner Waters addressed their concerns and expla;ned the timing and how it relates to the increased FAR Mayor Wolfson noted this proposed change was previously mentioned. 1 -Ie explained Commissioner Waters' request and expressed his support to hring the smaller lots into balance. niscusgion ensued regarding conforming and nonconforming houses. Commissioner Borno indicated he did not consider the number of conforming or nonconforming houses when he voted on the increased FAR hut rather he wanted to give an advantage to development by utilizing the larger figure. Votes: Aye: 3 - Borno, Waters, Wolfson Nay: 2- Eletcher, Simmons MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. New Sidewalk Construction for FV 2007 Public Wor1to Director Rick Carper referred the Commission to his staff report and handouts. He explained his recommendation and answered questions from the Commission. Commissioner Simmons expressed support for construction of sidewalks on West 1 nth Street and West (l" Street hut did not support taking finds dedicated for Westside of Mayport R oad to apply to Aquatic Drive. She reported the comments she heard regarding sidewalks during the Neighborhood Chat meetings and wanted to resolve the sidewalk problems on Orchid Street and Rose Street. Further discussion ensued regarding the sidewalk issues raised at the last Neighborhood What meeting. Commissioner Fletcher expressed suety and liability concerns regarding the dope of the qidewaticq in that area. Commissioner Waters emphasized the need to address paving and sidewalks on Main Street. City Manager Hanson explained the process used for prioritizing sidewalk and hake path projects. Mayor Wolfson requested for staff to report back regarding the second part of the recommendation. motion: Approve construction of sidewa1ke nn West 1 nth Street and West 6th Street with remaining project funds held pending a constructability analysis of Aquatic Drive (survey required to determine if room to place sidewalk in right of way along western side of street). rrnft Qf tha Rag/nr ('Qmmivvion ?vfaatinz an Qrtabar 23, 2006 Octnber 11, lnnt; RF.(aTi.AR CCM -MISSION M1n'TING Page 5 Moved by Waters, seconded by Borno Votes: Ave: 5 - Rorno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MnTTnN PASSFT) B. Budget Modification for West Plaza Bike Path City Manager Hanson explained the money for guardrail construction and landscaping on the path was budgeted last fiscal year, but did not get encumbered in time. He asked the commission if he cou1rl prepare a budget modification for first reading to add $15,000 to the project fiord. Motion: i)irect staff to prepare a budget modification for first reading to add $15,0011 to Project PWOi0i, Account 111-5002-541-6300. Moved by Simmons, seconded by Tomo Votes: Ave. 5 - Rorno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION p A S SFT) Recommendation for temporary waiver of requirement to connect to city sewer system for house at 2559 Seminole Road City Manager uanson refP-rred to and explained his staff report, which is attached and made part of this official record as Attachment 1:1 SamJacobson, owner and resident of 2359 Seminole Road. reported his attempt to comply with the requirement to connect to the city sewer. He then explained the various events which led up to the city's recommendation for the temporary waiver. He expressed agreement to the terms of a temporary waiver as presented in the staff report. Discussion ensued regarding the pumps and loss of trees if the syt+em was to be installed. Motion: Approve a temporary waiver from the city's policy requiring connection to the city sewer service for the homeowner at TIC() Seminole Road_ Motion by Waters, seconded by Simmons Commissioner Eletcher addressed the possibility of designating trees as protected specimen trees. City Attorney Tensen suggested to not take action on tree designation during this agenda item. Draft Minvtec afhp RPf ular Commission Meeting on October 23. 2006 (let_hnr )2, /114 REGULAR COMMISSION MEETING 2'gP 6 Further discussion ensued regarding the waiver. Amendment to the Motion: To add "until such time in the future when the front (westward) portion of the Int is developed and require that the provisions of this waiver he acknowledged and accepted as part of any future transfer in title for any part or all of this property. Moved by Simmons, seconded by Fletcher Discussion ensued regarding whether the septic tank failure should be a condition of the waiver. Votes: Aye: 4 - Fletcher, Simmons, Waters, Wolfson Nay; 1- Roma MC TU1N P A SSF.11 Amended Motion: Approve a temporary waiver from the city's policy requiring connection to the city sewer service for the homeowner at 2159 SAminnh Road until such time in the future when the front (westward) part -inn of the lot is developed and require that the prnvieinns of this waiver he acknowledged and accepted as part of any future transfer m title for any part or all of this property. Motion by Waters, seconded by Simmons Vntos: Aye: S — Rorno. Fletcher, Simmons. Waters, Wolfson Nay: (- MOTION PASSED 1), Discussion and related action on the City Manager's Compensation Commissioner Rorno referred to the City Manager's memo to the Commission and agreed to respect Mr. Hanson's wishes to decline any bonus if offered. The Commission concurred and thanked Mr. Hanson for his hard work. F. Cost of I lying Adjustment for Retirees (deferred from Sept. 25, 2006 meeting) City Manager Hanson referred to his staff report, memo, and the actuarial reports and explained the status of the city's two pension fiords. Mr. Hnnson reported hic recommendation that it is not an appropriate time to provide a crit .A increase to the city's retirees. Commissioner Waters agreed, but asked to address the COLA for retirees during the next Strategic Planning process. The Commission concurred with the City Manager's recommendation and to address it during Strategic Planning. (raft kf,.,,,ta2 afthe Ragulew rammiae.Q r,feet;.,g Q., (Taber 23. 2006 City Manager October 23, 2006 RFf,ITI.AR COMMTCCI(1N MEETING 9. City Manager A. City Manager's Report Page 7 City Manager Jim Hanson reported on TMDL regulations indicating the latest recommendation from the committee is that state funding will not he available to help meet the TMDT, requirements and explained their reason . He also reported the Wnrkshop for the public Safety Building has been scheduled for 4:00 pm on November 97, 7nnf prior to the Regular Commission Meeting. • eports/euuests 1II, Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Recommendation for reappointments to the Code Enforcement Board City Attorney (Mayor) Mayor Wolfson noted the Board Memher Review Committee's recommendation to reappoint Mamie Hurd and Barhara Weiss to the Code Enforcement Board. Commissioner Waters reported on both members' service. The Mayor expressed his support for the recommendation. Motion: Reappoint Mamie Nurd and Barbara Weise to the Code Enforcement Board to verve an additional term. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmonq, Watere, Wolfson Nay, 0 MOTION CARRIED R. Recommendation for appointment of a new memher to the Cultural Arts and Recreation Advisorry Committee (Mayor) mayor Wolfson noted the Rnard Memher Review Committee's recommendation to appoint clary Becka to the Cultural Arts and Recreation Advisory Committee to Yell the vacancy of Linda Ginsberg. Commissioner Waters referred the Commission to Mr. Becka"s resume to report his abilities. Commissioner Fletcher reported his knowledge of Mr. Becka and expressed support for his appointment. The Maynr expressed his support fnr the recommendation. Motion: Appoint Gary Becka to the Cultural Arts and Recreation Advisory Committee to fill the vacancy of Linda Ginsberg. Moved by Rornn, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIfl) Draft Minnto.c of the Rogvjnr Cammi.c.cian Mooting an OetabPr 23, 2006 October 23, 2006 REGULAR COMMISSION MEETING Page 8 A. Creation of a committee to study district representation Mayor Wolfson referred to the staff report in the agenda packet and reported the recommendation. Commissioner Borno asked fora workshop nn the topic and suggested having recommendations for membership to the committee available. Mayor Wolfson expressed concern regarding the timeline and recommended moving forward with a committee as soon as possible. There was further discussion on timelines. Commissioner Fletcher indicated he has a list of nominees prepared and was ready to address tonight if possible. Mayor expressed the need for a balance of representation on the committee and offered other ideas on membership. commissioner Simmons shared her ideas regarding districts and membership. Eurfher discussion ensued. Mayor Wolfson asked for a workshop prior to the next Regular Commission Meeting and the Commission agreed to it. City Manager Hansen requested all nominations for members be submitted to him and explained the maps and materials he plans to provide prior to the workshop. city Attorney Jensen ➢ Reported he will not be at the next meeting on November 13, 2006. Commissioner Rorno ➢ Reported he had attended his first meeting regarding the ferry and explained he plans to have a Resolution on the next agenda in support of the ferry. Mayor expressed appreciation for his work with the committee. Commissioner Simmons ➢ Indicated the need to look into the Selva Linkside issues presented earlier. Commissioner Fletcher agreed with Commission Simmons. The City Manager was asked to research and report back to the Commission regarding the two traffic issues. Commissioner Waters ➢ Indicated he had attended the Legislative Council meeting. He reported on the issues addressed and provided the Commission with a handout from the meeting. T -Te expressed the need to have a representative attend the meetings. ➢ Agreed that city vehirles shn„ ld he able to use P1a7a instead of using Selva Linkside streets as a mut through. • Complimented the Mayor for supporting the lighting of the wehome sign which can now be seen easier. ➢ Complimented the City Manager for the selection of the artwork in the commission Chamhers. Mayor Wolfson ➢ Complimented the City Manager for the enhancements to City Hall and the Commission Chambers. Draft Minutes of the Regurg CammicciQ Aitaating Qn Qctpher 13, 2QQi October 23. 2006 REGULAR COMMISSION MEETING Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:59 pm. ATTEST: Donna I Bussey City Clerk Page 9 nona1d To. wot£son. Mayor/Presiding Officer Daft A if,,tee of the Regular Cnmmieeiorr A.feerirrg pr �tnher 23. 200$ AGENDA ITEM # 4A NOVEMBER 13, 2006 PUIBLIIC WORKS' and UII'[ LIITIY DE PI'ARTMENII'S PROJECT STATU13 REPORIT • DI i = DEBIG Iv ENQINEE R, (ICE&I) -= CO NST R UCTII DN E NGINEER & INSPECTIIO N, (IC) = ICO NTRAICTI 3R BTATIUS IDN 101311)6 Commission autlhc rived negotiation on 4/ 2,13/D 3 with 2,DM For Hopkins Creek Illesign, preliminary design report and 3D %) (plans rete iveli 1'1 /117/0 3, and 50% desi ;1 submittal expecteltl Dezember 201)15. Ikntici ate lanli acquisition will be completed in Nove mbier. Final Itlies.gn submittal scheduled for June 201) 7. F DOIT iapproivied alternate typical section with 1[ 3' median. Survey complete. M ediian design is in progress. Public m citing ;)) % (Luisa gni I held 1)9/1113/015. Pripisied driveway closure lettNrs sent. 100% submittal exp met NDverbier 2005. Design comlple Le. Construction in progress. Estimated ieompletk a in NDviembieir 2005. Prilect to add cameras at treatment plants and aauh)m[dela lioor Iozks at plants still City buildings. Contrac Lor making si Le visits Lo ILe Hermine optimum camera locatims. Door hock materials rccieiived. Contractor installed new automatic l aclks. Installed fiber optic line between Water Pliant #4 and Wastewater Plant ?. Cameras installed at treatment plants. DEP permit received 1/33/06. Navy awarded contract to Gateway Con tracting. Prec )nstructi m h e EH II' IL ILI/ )6. 17, on tr actor on had whil e resolving issues with Navy. PRDJECT NI D. kND INF DRMATI )N D) = :amp, Dresser & McKee :CDM -on] `sau nnsuciCI i1v£1 = (Q. D) = Public Works (CE&I) = Public Works ;C) = Grullm May, Inc. D) = A :cess Ltd. (C) = Access LtItl. (C E&I) Pulbl.ic Utiliti es & Public 3 afety (D) = Re yno lli s, 31mni th & Hill (C) = Gateway Contracting (C E&I) = Navy, Public Works PROJECT DEBICRIPI [I[I D N Hopkins ICreelk Regional Retention Facility De sign =1317% Construction = 0% Mayport Medians Die sign = 150% C9 nstr uction = 1)% IB ike Path o a West P1 az a Ditc a and Rose Park Design = 11917% 1 Construction = I9'/o Securi.y U1?;ralies at Treatment Plants and City Blligs. Design = 11917% C9rstruct(on =100% Ribau.t Bay Water System Upgrades (Navy Projecti) Design = 11919% C711s.ri;icti'on = 13% ,--i N rn c+ In City of Atlantic Reach FINANIC•IAI RPPQRI Septemher. 2000 AGENDA ITEM # 4A NOVEMBER 13, 2006 Cash Balances Fund(s) f;aneral Tree Replacement r.nnvanfinn lavalnpmant Tax 1 oral Optinn_ Gas Tax Better JaY 119 r..ant Silac Tax Pnlir.P Traini❑q, Fnrfeit, etc, Grants Baht Sarvir.P utility Sanitation Storm Water Pension - Police Pancinn - (,anaral Total Total Restricted Cash Total Unrestricted Cash erinr August, 2006 $5,454,768 9n.c 3 161,276 254.8) Q 1,083,336 (608) (RR,447) 71,122 4,1.5.5,1f1J 488,139 2,811,Q29 j Q,252 59,442 $14,482,052 Current September,2006 $5.133.934 2(1,913 184,732 7RA, j 43 1,126,899 8,71.5 (116,286) 77.765 4,O74,15 479,859 7,Rf1R,7f1R 33,607 7.8Q1 $14,106,195 $9,541,115 $7,5RA,n8n Dollar Change ($32n.834) 0 23.456 11,324 43,563 8,823 (27,839) A,14:1 (80,786) (8,78) (3,221) 23,345 (.51,.F.Gi1) ($375,857) Cash and Invpstmpnts Account Bank of America - Depncitnry SRA Cash no Hand Suhtntal Police Pension Invactmantc f r ral Pansin❑ Investme❑ts Subtotal Prior August, 2006 $714,47j 14,265,031 2 .55f1 14,482,052 F,1J9,57() 7,537,295 7,R A,RA! Total $27,138,917 (1) FYTD rata of raturn thrni iah f1F/'7fl/flfi Current Septemhar,2nng $170,966 13,932,679 2,55n 14,106,195 5,152,102 7,7nj.jf11 12,853,203 Dollar Changa Rata of Return % ($43,505) 4.32 (332.3.52) Fi,3A 0 (375.857) 32,532 5.70 (1) 1 R3,R(1R 5.2f) (1) 196,338 $26,959,398 ($179,519) AGENDA ITEM # 4A NOVEMBER 11,'006 City cif Atlantic Beach FINANCIAL REPORT Statt_rY1h r, 2nnR Revenues Fund / (Footnote) Annual Estimat' YTD - 100% of Fcfimafn VTn Actual Dollar Percent Variance Variance General (1) Tree Replacement Convention Ilavalo pant Tay Local Qption Gas Tax Rattar jay I7 rant Salac Tax Police Training. Forfeit, etc. (Zrantc (7) Debt Service Utility Sanitation Storm Water (1) Pension - Police Pension - General (4) Total $9.951.978 0 128,000 564.042 702,336 31.Rnn 508,111 71.1nn 6,779,543 1,3R9.3n0 1,067,868 702,355 1,015,029 $22,884,462 $9,951,978 0 128,000 5Ra.049 702,336 31.800 508,111 71.100 6,779,543 1,362.300 1,067 868 702.355 1,015,029 $22.RR4An2 $10,427,374 0 90,702 557.294 778:194 36.021 231245 72,669 6.663.836 1,311,498 759.840 828,689 1,2RR,a3n $'3,045,992 $475.396 0 (37.298) (6,748) 75.858 4,221 (276.8RR) 1,569 (1177) (50,802) (3nR,028) 126,334 273,601 $161,530 4.78% 0.00% -22.14% - 1.20% 1 n.RO% 13.27% -54.49% 2.21% - 1.71% -3.73% -28.85% 17.99% 26.95% Analysis of Major Variances (1) The $47c,39R positive variance in the General Fund resulted from having received 103.5% of the budgeted property taxes and 269% of the budgeted allocated interest earnings. The higher property taxes and interest earnings are from higher than expected property values, interest rates and cash balances. (9) The $276.866 negative variance in the Grant Funds resulted from either items not h""ing been purchased or reimbursement requests not having been filed as of September 30. 2008. (3) The 308,028 negative variance in the Stormuuatar Fund resulted from the award of a grant in fiscal year 2006 that has not been received. This grant has been re -budgeted for fiscal year 2007. (4) The $273,601 pcsiti"e variance in the General Employee Pension Fund resulted from changes in the market xialues of the investments and actual interest earnings exceeding budgeted amounts. ('.itV of Atlantic Reach FINANCIAL RPPfRT September, 2006 ExpenQeQ AGENDA ITEM # 4A NOVEMBER 13, 2006 Department / (Footnote) Governing Body nit/ Administration (;Pnaral (;e\,eracoent (1) Planning and Rujldina Public Safety (2) Parks and Recreation 2' ihiir works (1) Puhjir 1 Itilitiec (4) Pension - p=lire Pension - General Total Annual Estimate yTn_inn% of Estimate YTD Dollar Percent Actual varianre Variance $r,1,c1R 2,177.231 2,256,185 704,779 4,736,835 9 n79,947 6.294,R42 7,266,608 400,936 405,798 $25,239,701 $53,538 9,77933 2,256.1 RF 704:779 4,736,835 1,022,247 6,994,842 7,266,RnR 400.936 405,798 $25.239,701 $52,447 1,934,151 9!90,819 R9R,Rci 4.391,063 1,001,925 4,750,657 6,684,667 407.593 $91.915,976 $1.091 243,782 1,165,366 75,928 14c.772 20,329 1,464.185 681,941 7,833 (1,790 $4,004,425 9 ndO/ 11.1Q% 51.65% 10.77% 7.30% 9.99% 91. CS% 9.38% 1.95% -0.44% Resource Allocation Personal Services Operating Expenses (2) & (4) r.agjtal outlay (1) & (3) neht R. rujre Transfers Total Annual Estimate VTn _ 1 nn% of Estimate YTD Actual Dollar Percent Varia nPia Variance $7,844,980 Q,7R1,QQF 5,963,499 1,678.236 789,077 $25.239.701 $7,844,980 9,763,996 F.9R1,412 1,67R,91R 789.077 pS."4,701 $7,637.560 9,111,652 2,018,813 1,R78,174 7RQ,n77 $21,235,276 $9(17,120 2.64% 652.144 .R82/2 3,144.599 6n.9n% 62 0.00% 0 0.00% $4,004.425 Analysis of Nlajnr VarjanrPs (1) The positive variance in the General Government departments resulted from not having completed the various budgeter' Drizjartc — see the Project Activity Schedule. The largest _f these projects is the MavD=rt Road medians and the Police Building Renovations. R_th _f these projects h "e been re-hudgeted for fiscal year 2007. (2) The D=cit" ""ariance in the Public Safety department is due to twa, varapt positions in the 2atrol division, no expenditures in some of the grants and frrrn not having completed the h udgnted project — see the Project Activity Schedule. The Homeland Security Grant is being expended by the City of Jacksonville. (3) The majority of the positive variance in the Puihlic Works department resulted from not having completed the vri=uhudgeted projects — see the Project Activity Schedule. The largest of these proiectc is the UL1DkirlS Creek Basin Pond which has been re-burigeted fpr fiscal year 2007. (4) The D=citive variance in the Utility Fund h urlgeted projects — see the Project Activity Rehabilitation and the Beach Habitat Sub budgeted for fiscal year 2007. Also. the budgeted amounts. resulted from not having raimbleted the various Schedule. Tw_ _f thecP projects are the Clarifier di"isj=n. Poth pf these projects have been re- Dr_fPcgjonal/contractual services are less than lity of Atlantic: RPar:h FINANCIAL RI PnRT SPDfArnhnr, 2006 Project Activity - Current Year Activity ()nil/ AGENDA rr'M # 4A NOVEMBER 13. 1006 Project Name Project Number vTn Budget YTD YTD Actual Ralance Status Parks and Recreation: Beautification PR0601 as,000 0 45.000 suhtotal aR,nnn 0 45:000 Public Safety 2a,Iipe RiiiIriing Renovations Esncna 475,000 8,570 aFF aRn E Homelanr+ security Items PS0601 j 8,000 0 138,000 SubtotalF1R non 8,570 604,430 Public Works: 21a7a Fntranre/lost Office pwrms 54,686 54,686 n C Hopkins (-reek Rain gond PW0309 1,100,000 20,162 1,279.R1R E Mayport Road MedianPW0401 lFR,RcR 55,858 300,000 i Welcome Sign and Landscaping PW0405 74,148 8,014 66,134 I nceap/1 8th - Coast Drive/12th PW0409 141,816 141,d79 337 C Fi»rp Pointe Inter�ection Improvement PW0F0 346,599 335.36 99,aR3 C Sidewalks - mew PW0503 9',175 26,175 0 C Plaza Drive Phase 2 2ede trino lath PW0504 37,Fnn 37,003 497 r Sidewalks - Replacements PW0505 5,864 F,RR4 0 C Seminole nitrh Headwall 2�A/nRm 12,974 12.974 0 C Pathwav - 2In7n (west of Mayport Road) PW0508 27,144 27,144 n C Concrete Floor for shed PW0601 R Rnn 8,800 0 r Medians Rehab - Atlantic Roole,,nrd PW0602 3.500 0 3,500 Roll off Concrete Pads PW0603 10,455 9 n,aRR 0 C siriPwaikc R curbs EVA/nSna 50,661 50,49A 165 C Pathways PW060R 149,000 2,500 1aF,snn I Sidewalks - Sai!fich,Rovai Palm R Prances PW0607 R9 .R00 40,580 41,220 I Selva Tierra Ditch Imorn,,ementq PW0608 25,9F4 25,954 0 r Pathway - Seminole Road Phase 1 PW0609 62,894 R7 RR7 27 C Pathway - Seminole Road Phase 2 E\A/nF1 n 46,516 44/00 1,816 C Trafficl.12 - Mandalay Park PW0611 17,000 16,068 Q17 C 9R944 986,915 1,852,429 Public Utilities: Sena irity I Ipgrar1e/Water Plants ELIn10R 2,485 2,485 n C Headwork Imprwements at WWTP2 PU0310 89,027 52,027 n C Water Line at -Inth Street R Reach Avenue PU0503 R3_44R 83,446 0 r Lift Station Scada PU0505 5,820 8,443 377 C FeDne Replacement at Water Plant 1 2U0601 67,164 2R,9RF 40,999 I \A/afar Main at Sailfish Drive & Plaza PUn'm 68,539 68.539 0 C Sewer (rncingnitrh at Palm Landing PU0603 16,797 0 16.79 Genset at Lift Station R PU0604 9R,c07 0 26.507 1 Clarifier Rehabilitation PU0605 145.223 0 145,223 I Fenre Replacement at WWTP 1 PU0606 12,637 R,Rc9 3,985 I gIirrlge r'ontainer Refurbishment EUnsm 8,900 0 8,900 I Beach Uahitat Suhr1iuicion PU0608 214,604 63,425 151.172 I subtotalIna 9 ag 310,182 393.967 Tota! $4,201,493 $1.305.667 status Key B - Bid A\A/arded C - Project romoleted D - Design Completed $7,RQA,R76 F - nesign Phase I - ProjQct In-orogress R - Re -budget pleyt Ficral Year a4 a CLASSIFI:Art DN BUS I?HONE IP REPARED n " O .rl N L) LL 254-297-2777 904-246-3616 6D7 -721-E472 L b cn � ,- , . 1.1 Cu 0 s E z ] z z n u LL 0 U n n_ [�i U U HW cu c U) 0) U) Wn y 7 H H H H W 440-1)2 -520 ) BUILIJ CVG INSI?EITIDN 904-666-6211 •r '_ x 3 3 3 'r m z y 7 0 z z z 0) w o O m r • in 0 J c • 0 c 0 o W 1-1 H n U Li] IFL 322B3 07-0 )00 6644 O w z N. 2 0 M a u 4 La LA z L.) 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W 01 n. 6 01 Lr] W 01 r1 [ Lr] (d 1'F -40)H H m 1711-11:0 Z H m Cn H —0 la0 ,_,rt,.,1-103 .t zu H 0 u 0 u 0) u H aw- (w- w- w- w r,1 n L. 01 n L, n n zL, n L1 01 n 4u)4 wv)4 Fv)4 F�4 [13 RI HL I,] H Ed ,0 n: W ry 0)0F� 00( 300 H M Z s 6 CC/)OFC Cn0FC ATLAN FI C BEAC { IFL 32B3 NEW ',LEE L11 N 0 11 •• U H ^� H 41 • W U N \ M N H r r-1 H iJ 2 d' n r. W rn5 Li.1 . 124 .1-1 174 n. r 1 n. 3R 4ND TD CAL rl O 0 0 0 0 1 rl Cl. 7 n rn.H I Fr• QI - ' Ql ..7 zev0000 re I UPrz0C9" LICENSES - v • N c o m N [ 1 n. 7 Q1 rn 1..1 � QI H 7 Lll �] AGENDA ITEM # ^A NOVEMBER 13. 2006 AGENDA ITEM # 4B NOVEMBm? 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Authorize City Manager to sign contract fpr Fiscal Year 2006-2007 Community Development B1oek Grant (CDBG) funds pursuant to application previously submitted. SUBMITTED BY: Sonya Doerr, ATCP 1 Community Development Director DATE: nctober 11. ')nn RACKGRfTTNn: At the March 13th City Commission meeting, the City Manager proposed use of the FY 06-07 CDRG fiinds for the extension of water and sewer services within the CDRG target area along Begonia Street with reservation of a smaller portion of the fiinds to he kept availahle for any remaining mandatory septic to sewer conversions for income eligible homeowners. An application requesting $170,000 for these projects was submitted, however. CDRCT funds awarded to all of Duval County have been decreasing over recent years, and the FY 06-07 allocation to the City of Atlantic Beach is $1 1 1,QnS. The City has just now received the annual (DRG contract, which designates $100,000 for Begonia Street sewer and water line extensions and 513.905 fpr septic to central sewer/water conversions. The new contract must he signed, returned and finalized by the City of Tacksonvi11e before any worlc ran begin. RTTJ)GET: $1 n0,nnn Account number 110-1005-515.63-00 $1 7,589 Amount number 110-1005-515.81-00�� enc v vc .R'3tR4 t nt iv l Cl �1 j7eni%ing re- allocation to the COAB) RECOMMENDATION: Authorize the City Manager to sign documents as required to execute the FY 2006-2007 CDBG contract. ATIACITMFNTS: None. REVIEWED BY CITY MANAGER: November 13, 2006 regular meeting AOE DA 1TEM #41. NOVEMBER 13, 21,10.(;} CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: First Vehicle Services Annual CPI Cost Adjustment SUBMITTED BY: Rick Carper, P.E. /- Public Works Director DATE: November 1, 2006 BACKGROUND: The City's fleet maintenance contractor, First Vehicle Services, is requesting an annual fee increase for the upcoming contract year (12101106 through 11/30/07). The current contract price is $213,236.00. An annual change in contract price to compensate for Consumer Price Index fluctuations is authorized by Section 19 of the contract. The proposed increase is in accordance with the Consumer Price Index and equals an annual increase of $9,169.00. The resultin0 contract price would be $222,405.00. The non -contract labor rate would be increased from $28.30 to $29.52 per hour. The current contract expires 11/30/08. RECOMMENDATION: Approve the requested fee increase of $9,169.00 to the First Vehicle Services contract for the period of 12101106 through 11130107, and authorize the City Manager to sign the proposed contract amendment. BUDGET: $220,000 is budgeted in Fleet Maintenance Account No. 001-5004-549-34.01. Additional funds will be requested in the mid -year budget modification_ ATTACHMENTS: 1. Proposed First Vehicle Services Amendment Ten 2. Consumer Price Index Information REVIEWED BY CITY MANAGER: FLEET MA r.� ®11ddFjllijl�JE� T TFIy Tr) THE AGEMENT AND VEHICLE MAINTEN,NCE CONTRACT EEl3! CITY OE /TL NTIC iE C: FLORIDA AND FIRST VEHICLE SERVICES, INC. GENDA ITEM #4C NOVFMBER 13, 2006 W1-IFREAR, this row of Atlantjr_ Roach, Florida (City) and First Vahir.IP Saniir.Ps, Inr., (Contractor) entered into a Fleet Maintenance Services Contract on November 15, 1997 (Contract). WHEREAS. the City and FVS now desire to amend the Contract this 1st day of IlAramhar, 7nnR hV and histwoon the City of Atlantjr. Roach, Flnrjda (this "City") and First Vehicle Son/ices, Inc. ("Contractor'). NW)W, THFRFFC)RF, in consideration of the mutual benefits, rights and obligations derived from the contract. the City and the ('ontractor hprehy agre.P to almond and ranffirm this Contract RR fnllnviis: 1. Tamest Priem Parts $ 53,717 ahnr 1 i'l,ngs Overhead 10,900 Administrative Expen¢e 1 R•QQ!i Management Foe 25,APR Total hudget 2000/2007 2. Non -Contract labor rate is $29.52 per hour. $ 222,405 Except as previously amended by this document, the Contract as previously amended, remainc in full forrP and effort and legally binding upon the (:ity and EVR. IN WITNESS WHEREOF. the ('ity and FVS here to have affilrad the* rPQpPrtiue signatures as of the date indicated below: Attest: Attest: CITY OF ATLANTIC RFACFI Ry: Name: Title: Date: FIRST VEHICLE SEF'ViCES, Isco Ry: Date: J. Michael Bloss President and (9anaral Manager AGENDA ITEM #4C NOVEMBER 13. 2006 OCTOBER 25,2006 MR. RICK CARPER PUBLIC WORKS DIRECTOR 1200 SANDP'PFR 1 AWE ATLANTIC BEACH, FLORIDA WE PROPOSE THE FOLLOWING BUnYFT INCREASE FOR THE YEAR BEGINNING DECEMBER 1,2006 AND ENDING NOVEMBER 30. 2007 ACCOUNT CURRENT % AMOUNT NAME AMOUNT CHANGE CHANGE PROPOSED PARTS 51.502.00 4.'1 9,914.59 53,716.59 LABOR 108.432.00 4.3 4,662.58 113,094.58 OVERHEAD JO,4F1.00 4.3 449.39 10,900.39 AnIVIIN FEE 18,212.00 4.3 783.12 18.995.12 MGMNT FEE 24,639.00 4.3 1,059.48 25,F9 1. TOTALS 213,236.00 9.169.15 299,405.00 CUUR[}0CQSETD CUUS0000SETD ,-1 N 0 N rL N 0 N t-� ,-1 N f Lfl 0 N LC) ,--I N Cil N CJti M ri N ri LD 0 N LC] LJ'; 0 N L!7 0 re) N r`. 0 N N rJ Lh 0 N N ra ri Ni b' 0 to w 0 d a oP cy) •+- co to t37 Q? L11 1 0 0 o o CO 0 d b 000 (0 LD 8 €4 C•) r-- 114 0') Index Pale Change \- O 0 tU r 8 0) 0 O 0 0 cr) AGENDA ITEM ft4C NOVEMBER l3, 2006 ip C; Lo .-1 N 4 t.o ri tf Oi LD r 1 CO ire; N H Qi a; N"+ ,-4 rr LD 00 H rrl Cri al ■- i CO 2 fl in 0 N 1', 6 ,-i N , F in 6 to r1 1- .2i L ri CT1 LD ri 0 4-6 N r1 Cil 6 N`. ,d vt LD 00 .-d 00 N 0) r`I N r- a1 HN 202.9 210.5! Lt: ry V0Ln l:f1Ql61N 61M•1 1.0 r1 IX) •,-1r-I r`-°-Ir'6Vim? r- rti ,"1 000Cil r'1 o\ ,=-L LD,.'rC til r -i N.00 0 c r- N CJ , re) re) o0N 00r.,-+ ,,rl�r 11 00 LnH0000N 1. r, NI -N NN. 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N l33 AGENDA ITEM H4C NOVEMBER 13, 200( 0 1rF 6 r-1 co 0 O LO .-i r-1 ri M C ,--1 44 C ri c to 0 h r-1 co Q T-1 0D o ,-i {'. al r-: a7 G 0 ri . 1 1' AGENDA ITEM #4G NOVEMBER 1:3, 2006 A GENT) A ITVM: AGENDA ITEM # 4D NOVEMBER 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Authorize the City Manager to enter into a contract with the 'Penni' Tnstrnctnr, Rrecht Catalan for use of the tennis courts, Atlantic Beach Experimental Theater (ABFT) for use of Adele Grage Cultural Center and Atlantic Beach Athletic Association (ARAA) for use of Russell Park hasehall fields and concession stand SITRMTTTF.T1 RV: Timely Tnhnson, Pa_rkc gr Recreation Director DATE: November 1, 2006 RACKGRfTTN11l: In recent years, the City entered into a contract with ARA A, ARFT and a Tennis Instructor for nCP of City facilities to promote community sports programs, theatrical entertainment and offer tennis lessons to Atlantic Beach citizens. ABFT is operated by George Maida, Tennis Lessons are provided hy Brecht Catalan and ARAA is operated hy Tim Moffitt. Staff has current insurance certificates and financial statements on file. RECOMME ATTON: Authorize the city Manager to enter into a contract with the Tennis Instructor, Brecht Catalan for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Beach Athletic A ssnci ati on (AR AA) for use of Russell Park hasehall fields and concession stand ATTACTTMFNTS Contracts RF,VIEWE.T) RV CTTV MANAGER: AGETTnA ITEM # 4D NOVEMBER 13, 2006 CITY OF ATI . ANTiC IAF A CII PFNTAi. CONTRACT FOR PiTRLiC FACILITIES LONG TERM �%. AGREEMENT made and entered into this Vi day of 0 At Atlantic Beach, Duval County. Florida., by and between CITY OF NTT ANTIC RR ACTT, a Florida municipal corporation /100 Seminole Road, Atlantic Beach. Florida 3221-1 (hereinafter -City"), and ` A. hie of C- Florida (904) 7o k.t -ZZ ger (hereinafter 'Renter"). WHEREAS, Renter deshps to use the following public facility: ote.a. "64444— WH RT+.AS, Renter desires to use said public facility nn a recurring basis such as daily, weekly, monthly, (hiring a particular season, or the like. whiph is more than a one time use, and therefore a long term rise, and and. WHEPIi'AR, the parties are in complete agreement regarding the terms set forth herein. NOW THEREEtRF., in ennsideration of the covenants and promises as set forth herein, and any rental payment made herennder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by hnth parties, it is AGREED AS Eni.i,DWS_ 1. Length of Rental Term: This agreement shall rim from %O IL 0 L through 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $2n0.nn at the time of signing this agreement. Such fee may he waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no TTse or admission_ fees. Renter shall provide the city with a Copy of its tax exempt form or other prnnf nr evidence satisfactory to the City manager of Renter's non-profit status. 3. Conditions: This agreement is made and enterer' into uponthe foitow� express, covenants and condition -s. all and everyone of which Renter herehy covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall he charged to the public unless appryed' in writing by the City Manager. b. No use of alcohniie heverages shall be permitted without the written permission of the City Manager AGEND A ITEM # 4D NOVEMBER 13. 2006 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial Statements, d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. Renter shall allow nn discrimination based on race, sex, age, religion, national origin- diahility nr ntherwi Sc. e. £ Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter's 115e of the facility is not exclusive outside of the dates and time as set forth helnw. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. h. Renter shall be responsible for its' own furnishing and Pg1,ii meet and shall maintain the facility in a clean and safe condition. i, Renter shall correct any discrepancies noted by the City. Should corrective action be required by the City, such action shall be the financial responsibility of the Renter. Renter shall provide a written account of all keys to e facility in f he contract n © If renter possession of Renter at the endo t can not account for all keys, Renter will incur th cost of re -keying or changing of the applicable locks. One key will h provided at no cost to Renter and any additional keys will require a 11%. Per key at Renter's expense. ]• k. Any exclusive use shall be as set forth helnw. The use of the facility in addition to the exclusive use periods shall he requested through the Parks and Recreation Tlirectnr ander the general rnle,. Le., a facility may be requested for short tem use by applying for such use. atter the 1 5th day of each month for a day or time period within the next month. Enr example, any nraani7ation requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. A GENDA ITEM # 4D NOVEMBER 13.'006 1. Renter shall maintain at all time during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims nr demands that may arise fir he rlaimed on account of Renter's use of the premises, in an amount of at least for injuries to persons in one accident, �/ � •- ' for injuries to any one person, and f , cry for damages to property. the insurance shall he written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the state of Elnrida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. i. Renter may apply to the City Commission of atlantic Beach for a waiuer of this insurance requirement. The City Commission shall consider such application for waiver on a case hy case basis, taking into ar,c.ount the length of the lease term, use of the public facility. number of nersons involved in said use, cost of the insurance. and any other factors submitted hy Renter which unique and partic„lar to the Renter. ii. Renter agrrees to indemnify and hold harmless the City form any and all liability, defense costs. int -hulling other fees. loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it. arising from all activities engaged in hy Renter in its use of the following public facility: iii. Additional provisions agreed upon hy the City and R enter: 4. VXeinsivP ITse Dates and Times: 1lelivery of Facility: The City shall deliver the facility to Renter in gond working condition, with any necessary facilities and utilities, and in clean condition. AGENDA ITEM # 4D NOVEMBER 13, 2006 F. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management an€l nneration of the facility, and the rites Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified. nor sublet the facility or any part thereof_ without the written consent of the City. 8. DEFAULT: In case the RentPr shall default in the performance of anv covenant or agreement rtnntained herein, and such default shall r:nntinuR for ten (10) days after rPnpipt by the Renter of written notice therAnf given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and itc property from the facility, and failing to do so, the City may cause such removal either with or without process of law. at Renter's expense. These evpenses shall include, but not be limited fn. reasonable attorney's fees incurred by the city, whether suit is filed or nat. 11 IN WTNESS yyHEREnF. we have hereunto set our hands and official seat this day of CITU (IF ATLANTIC'. RF,ACH By: Its "CITY" AGENDA ITEM # 4D NOVEMBER 13.'00 CITV OF ATLANTIC REACH RENTAL CONTRACT EfR PTTRT.Tf' FACTTATIES LONG TERM AGREEMENT made and entered intn this Z S r74day of 1,?Cie , At Atlantic Beach. aural Cnimty, Flnrirda, by and between CiTY OF ATLANTIC BEACH, a Florida municipal corpnratinn. Rnn Seminnle. Rnacd, Atlantic Bea�Ch, Florida 17711 (hereinafter "City"), and 4rC44/r1.c _ ' Awe/ "' -0-EfG- _ of '11(o OCP &" v) . Florida (904) Z q 9 7 / ? 7 (hereinafter "R enter"). WHEREAS. Renter desires to use the fnllnwing public facility: 2S i S and, WT1T1'.RF.AS, Renter desires to use said public facility on a recurring basis such as daily. weekly, mnnthly, rdnrina a particular season, or the like, , which is mnre than a nne time use. and therefore a lnng term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW TTTEIRF,FORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration. the receipt and sufficiency Of which is acknnwlerdgerd by both parties, it is AGREED AS FOLLOWS: 1. T.e s gth of Rental Term: This agreement chill run from 62 Arnnunt and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a pnhlic servine. available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfartnry to the City Manager of Renter's non-profit status. 3. Conditions; This agreement is made and entered into upon the following express covenants and condition. all and eyerynne nfwhich Renter hereby covenants and agrees. with the City, to deep and perform: a. Nn fees or admission costs shall be charged to the publirr rmless approved in writing by the City Manager. b. No use of alnob n1ir. heverages shall he permitted 33iithout the written permission of theCity Manager AGENDA ITEM # 4D NOVEMBER 13. 20n6 c. Renter shall provide to therites a ropy of a„ dited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city. state and &decal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the pnl ire and fire departments of the City. e. Renter shall allow no discrimination based nn race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's USe of the farility is not exclusive outside of the dates and time as set forth below. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter shall leave the facility available for use by other parties if other activities are scheduled or upnnthe request of City staff. This may include removal and storage of Renter's property. h. Renter shall he respnnsihle fnr its' own fiirnishings and eQuipment and shall maintain the facility in a clean and safe cnndltion. i. Renter shall correct any discrepancies noted by the City. Should corrective action be required by the City, such action shall be the financial responsibility of the Renter. J• Renter shall provide a written arrnnnt of all keys to the acidity in possession of Renter at the end of the rnntract ( /1//A ). If renter can not account for all keys. Renter will inc„r the Inst of re_keying nr changing of the applicable locks. One key will be provided at nn rust to Renter and any additional keys will require a A2/4 per key at Renters expense. Ir. Any exclusive use shall he as set forth below, The use of the facility in addition to the exclusive use periods shall be requeCted through the Parks and Recreation Director under the general rules, i.e., a facility may he requested for short tem use by applying for such use after the 15th day of each month for a day nr time period within the next month. For example, any nrgani7atinn requesting the short term use of a City facility in the month of February could apply for such l,se after the 15'h day of Tanuary, AGENDA ITEM # 4a NOVEMBER 13. 2006 1. Renter shall maintain at all times during the lease term at Renter's cost, comprehensive pihlic liability insurance policy protecting the City against all claims nr demands that may arise or he claimed nn account of Renter's use of the premises, in an amount ()fat least 40// 000 pct r) for injuries to persons in�, t,one accident, f/ vcic; u4 0 for injuries tn any one person, and 7,6 nd f 006 for damages to property. the insurance shall he written by a company nr companies acceptable to the City and authnri7ed to engage in the. husine.ss of general liability insurance in the State of Florida. Renter shall deliver tn the City satisfactory proof or evidence of such insurance. and shall mole the City as an additional insured under said policy. i. Renter may apply to the City Commission of Atlantic Reach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basic, taking intn account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. ii. Reenter agrees to indemnify and hold harmless the City form any and all liability, defence costs, including other fees, loss or damage which the City may sufr as a result of claims, demands, costs or judgment against it. arising from all activities engaged in by Renter in its use of the following public facility; A I\ ate- Gitaa o- 6 c,24,fret. iii. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: J,`'_f? �1 5. 'The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. AGENDA ITEM A n NOVEMBER 13, 2006 6. ('nntrnl nf Building: In renting Caird facility to Renter, the City rloes not relinquish the right to control the management and operation of the farnility, and theCites Manager nr his designee may enter the fadlity and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not aecign this agreement nor suffer any „se of the facility ntheT than herein specified, nor enhlet the facility nr any part thereof, without the written nonsent of the City. R. DEFAULT: in case the Renter shall default in the perfnrmanre of any rnvenant or agreement containPri herein, and such default shall crntini,P for ten (10) days after rereipt by the Renter of written nntirn thereof givan by the City, then the City, at its notion, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its prnperty from the facility, and failing to do so, the City may cause such remnval either with or without process nf law, at Renter's expense. Thew avpanses shall include, but not he limited to, reasonable attorney's fees inn! irrpr1 by the City, whether si lit is tilers nr not. IN WITNESS WIIERE(llf+, we. have hereunto set our hands and nffieial seals this day of CiTY OE ATLANTIC REACH By: Its "CITY" OCT -31-006 01.48 AM P.01 AGENDA ITEM # 4D ivoArmiTRAA 11 /006 CITY OF ATLANTIC BEACH RENTAL CONTRACT FAR PUBLIC FACILI't'iFS AGREEMENT made and entered int() thi day of, R0C7-05AANT , At Atlantic h, � eac vA' County, Florida. b betw C1TY OFIC BEAru, a Florida municipal corporo►tinu. 800 Seminole Road, Atlantic Beech. Florida %2233 (hereinafter "City"), and � -�- C _- _ of r— l ► f Florida (904) W -I I -4a (hereinafter "Renter"). wHEREAS, Renter deQims to use the fnllnwing public facility: Teerveg) ('.n.'?2. i-1 and, W»:REAS, Rueter desires to use said public facility nn a recurring basis such as daily, Weekly, molly, during aparticular season, or the like, which ig more than a one time use, and More a long term use. end wirEREAR, the parties are in complete agreement regarding the terms set forth herein. N®W T IEREFORF, in Considntntinn of the covenants and promiQ's as set forth b cin, and any rental payment main hereunder, and otheT valuable consideiiatien, the receipt and suffnigney of which is aetmnwledged by beth parties, it is AGREED AS 1F'flLLOWS: 1_91=1_91_4 through 1. T nngth of Rental Term: This agreement shall run from 01101e1 . It is Anticipated with thin year., the project to rennYate the Adele Grose Community renter will begin. Thin contract will be suspended during aeon; construction and it will hn the responsibility of the renter to remove all belongings during thifi *triad. 2. Asylum and Time of'payment: Renter, in in/changefor use of the facility, shall pay to the City the anniwl fie of $200.00 sit the time of signing this areement. n of tin City Manager if Renter is a governments) Ruch fee may be wive(' at the discreti n agency or an nrganizat en that provides a public service available to all. is non-profit in nature, and charges no user nr adtnism()n fees.R r shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the c'-ity Manager of Renter's non-profit status - 3. f e nditinns: This agreement is made and entered int° upon the fntlnwing express envenoms and conditions, all and everyone nfwhich Renter herehy env nants and agrees, with the City, to deep and perform: a- No fees or admission CAMS shall be Charged to the public unless approved in writing by the city Manager. nrT-x1-2006 01:48 AM P . r, � AGENDA ITBM # 4D NOVEMBER 13, 2006 h. No use of alcoholic hee emges shall be omitted withnut the written permission of the city Manager ',Armor shall provide to the (ity enpy of audited f naneiet statements if reaneated. In the event audited financial statements are not available, renter shall provide all supporting docunLntc with its own financial statements. c. Renter shall ;mere compliance with nil city, state and federal lam, ns well as any roues and regulations of the ('ity far the goverment And management of the ptthlic facility, together with ail rules and requirements of the police and fire departments of the citv. it Renter shall allow stn discrimination based on ; age, religion. national origin, dieehilite nr otherwise. Renter shall make no alteratinns to the facility of a permanent nature withnut the express written consent of the City Manager. f Renter's Ilse of the facility is not evelusive outside of the dates and time as set forth below - g. Renter shall leave the facility available for use by other parties if other activities are scheenied or upon the mallest of City staf. This may include renewal and storage of Renter's property. h. Renter shall correct any discrepancies noted by the City. should corrective action be required by the City, Ruch action shall be the financial responsibility of the Renter. i. Renter shall vr+nvide a written account of all keys to the scility in possum of Renter at the end of the contract if renter can not account for all keys, Renter will incur the cost At re -keying or changing of the applicable locks. Orr, key will be provided at no cost to Renter and any additinnai keys will require a __/14_4 per key at Renter's expeYn_. Any exclusio use shalt he as set forth below. The use of the facility in deem to the exclusive use periods shall be requested thmugh the Parks and Recreation Director under thesural rules, Lee a faellitY may be requested for short tem use by applying for such "se after the 14th day of each month for a day or time perind within the Hunt month. For example, any organizatinn requesting the short term "se of a City facility in the month of February Could aup1Y for such use after the 15th day of ianuarv. e. DCT• -31-'7'006 01:51 AM AGENDA ITEM # AD NOVEMBER 13, 2006 k. Renter shall maintain at all times during the lease tern at Renter's coat. romp h nsive public liability insurance policy protecting the City against all claims or demands that may arise or he claimed on account of Renter's use of the premises, in an amount of at lit 1, 0001,0 o . for it jurip° to persons in one accident, 1 OU( ► ©fid for injuncs to any one person, and 1, biro iia for damages to prnmrty, the inanrance shall be written by a er*npany or companies acceptable to the City and authnriwed to engage in the hn nelas of general liability insurance in the state of Florida. Renter shall deliver to the City satisfactory proof nr evidence of Such inattrance, and shall name the City as an additional insured under said policy. Renter may apply to the City Commission of Atlantic Reach fora .waiver of this insurance requirement, The City C®mmission shall consider such application for waiver on a case by ewee hnsis, taking into ace -omit the length of the lease term, n of the public facility, number of persons instnlved in acid use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. Renter agreed to indPmnifY and hold harmless the City form any and all liability, defense costs, including other fees, loss or damage which the City may Suffer as a result of claims, demands, casts or judgment against it, arising Priam All activities engaged in by Renter in its use of the follgwing public facility. c. Additional pros/Wong agreed upon by the city and Renter: 4. Rzektal a Use Dates and Tineat 5. The of F1ieWta The City Shall deliver the facility to Renter m good Working condition. with Any nmessary facilities and iitilitjes, and in clean ccnditimi. AGENDA ITEM # 4a NOVEMAER 13. 2006 6. Control of Build. In renting 9Aid f€tetllty to Renter, the Citi does not relinquish the right to control th_ management And operation of the facility, and the City Manager or het designee may enter the facility And all of the demised premises at any time and on any nccasion. 7.f` Renter shall not Basin this agreement nor suffer any use of the facility nther than he*p,in aoecified, nor snhiet the facility nr Any part thereof, without the written eminent of the City- Default: In ease the Renter .shall default in the performance of atiy covenant or dement contained herein, and such def inIt shall continue fnr ten (10) days after receipt by the Renter of written notice thereof given by the (qty, then the City, At its option, may declare this agreement ended. In that event, Renter 4ha11 immediately remove all persons and its property from the facility, and failing to do so, the City may cause catch removal either with nr without process of law, at Renter's expense. Thee expenses shall inch, but not be limited to, *p -amiable attomey's fees incurred by the ('its, whether suit is filed or Mt," IN WITNESS WHEnrnE, we have hereunto r_et our hands and o +cia1 seals this day of R, CITY OF ATLANTIC BEACH Byt Its "CITY" AGENDA ITEM # 4 E NOVEMBER 13,'006 CITY OF ATLANTIC BEACH CITv COMMISSION STAFF REPORT AGENDA ITEM: Approval of Agreement for professional consulting services with the Northeast Florida Regional Planning Council not to exceed $5nnn for the purpose of assisting with the preparation and adoption of the Proportionate Fair -Share ordinance and corresponding update to the City's Concurrency Management System. RI -TRW -TIED Ry: Sonya Doerr, ATC2 i) Community Development Director DATE: Noveml,er 2, 2006 BACK- R(11"TNT): As previously advised, the city is required to implement certain provisions of sR "ti0. 4n Act Relating to Infrastructure planning and Funding, which was passed by the Florida T egislature in 2005. The first issue to be addressed relates to the transportation concurrency Statutes. All local governments must adopt a proportionate -share ordinance as part of their Concurrency Management system (CMS). The Statutes direct local governments to adopt the prop - share ordinance by December 1, 2006, however, many local governments will adopt later than this date. The consequence of not adopting by 12/(11I0 may be that the Department of Community Affairs will not review Comprehensive 121an amendments, but plan amendments M.F. sought so infrequently in the CfAB (one time in 15 years), this is not likely to he an immediate concern provided that we proceed with the process in a timely manner. Because this is a highly technical issue, staff requires assistance with this process and requests authorization to contract with the Northeast Florida Regional Planning Council for such assistance. nil,- of the Council's functions is to provide such technical assistance to local governments. (The Council assisted the City with the preparation of the 2004 update to the Comprehensive Plan.) RT ID T: $5n00.00 Comprehensive 121anning. Professional Services Account Nnrnher nn1-1 nn5-515.31-00 RECOMMENDATT(1N; Authorize the City Manager to execute an agreement for professional consulting services with the Northeast Florida Regional Planning Council not to exceed $Snnn for the purpose of assisting with the preparation. public hearings and adoption of the Proportionate Fair - share Ordinance and corresponding amendments to the City's T.and Development Regulations, specifically the Concurrency Management System. ATTACTTMENTC: Proposed work scope and budget. November 13, 2006 reg» lar meet;nar DRAFT COMPENSATION FOR PROFFSSIONA1 f:C)NS111 TING; SFR\/IrPS AGENDA ITEM # 4 E NOVEMBER 13 2006 The City shall pay to the CONST 11 TAfIT fnr prnfPccinnal consulting services satisfactorily perfnrmed not in Pxr.PPr1 the amnuint inrlicated below which includes all direct charges, indirect charges and rF'imhursable expenses, if any. The indicated fee is fnr perfnrmanre of mirk pPrified in `Attachment A Scope of Services.' Legislation and Amendments to the Land Development Regulations Employee Required Hours Required Hourly Rata Crmt Regional Planner r,R $55 $R,nRn TOTAL RR $1.080 Tm1LaI Amount Travel fhr public meetings can be broken down into two components: the hourly rate for the time of the employee that attends the meeting, and the compensation per mile traveled ($0.40 / mile). The travel account is hased upon the assumption of four (4) meetings, with an average of 5 hours Der meeting (including travel time). Employee Required Idniirc Reaiiirad UUniirly Rate Cost Regional Plannar 20 $55 $1,100 TOTAL 20 $j,l nn Mileage Rate for Travel Miles Traveled Per Meeting Mileage Co f Por Warding $0.40 32 $12.Rn Total Travel Cost: $1,152.00 Total Contract Amount: $'7.1'.00 1 AGEWnA ITEM # 4 E NOVEMBER 13. /006 PROPOSED SCOPE OF SERVICES FAR CAMPT -ETION OF PROPORTIONATE, EMR -SHARE ORDINANCE AND CORRESPONDING AMENDMENTS TA THE T,AND DEVELOPMENT REGITI.ATIONs A. The NFER C shall provide all materials and staff time required to provide the following services: 1. Within 45 calendar days of an executed contract, NEER r will provide to the City of Atlantic Reach legislation to amend the Concurrency portion of the Land Development Regulations to include a Proportionate Fair -Share provision consistent with State Statute and based upon the DOT model Proportionate Eair-Share Ordinance; Within 14 calendar days of receipt of a digital copy of the concurrency portion of the T and Development Regulations, NEFRC will provide draft copies (one digital copy and one paper copy) of the aforementioned amendments to the T.and Development Regulations, to the City of Atlantic Reach Planning Department: NEER(' ,,,ill attend all necessary public hearings and up to two (7.) additional meetings with the City of Atlantic Reach planning staff, for amendments to the land development regul ati ons. City of Atlantic RParh ErODnrtinnatP Enir_Share Sro2P of SPrvir,e and Ernkgil Schedule (lrtnhar )nnI AGENDA ITEM # 4 E NOVEMBER 13. 2006 The city of Atlantic Beach shall provide all materials and staff time required to provide the following services: 1. Within 6 calendar days. the city will provide an electronic copy of the Concurrency portion Qf the Land Development Regulations; 2. Within 14 calendar days of receipt of the copies of the draft amendments to the T and Development 1Reaulations, the City of Atlantic each planning Department will provide comments and recommendations to NEFRC; 3. Schedule all public hearings and meetings with NEER C; and 4. Provide meeting space for all p»blir hearings and meetings with NEFRC. City of Atlantic, Rear+ Pr_pnrhinnat- Fair -Share S'nyP of Carvlc,as and Project Schedule October 2006 AGENDA ITEM # 4F NOVEMBER 13 .2006 ray OE ATLANTIC RF.ACI-I CUIN ClalVIMIRSIiON MH'.FTTNG STAFF 112F.PCPT AGENDA: Approve designated streets for the Tree Planting Program CT TRMTTTFT) RY: Timmy Tnhnsnn, Parks ST Recreation Director DATE: October 27. mn6 BACKGROUND: The City implemented a tree planting program in 2002 to assist with the beauty and tree canopy of the City. We have installed over 600 trees on the right-of-way areas and parks thrnughout the City over the past several years. This year we would like to would like. to plant oak and holly trees in the following areas: Sailfish; Cavallo; Triton; Royal Palms; Vecuna; Maim; White; Trex; Sabah); Redfin; Bonita; Amber Tack; Wahno; Ramo; Skate; Cutlass RT TDGF.T: Funds for this program are in account number 001-6025-541-34-00 RECOMMENDATION: Approve designated sfreets for the TrPP Planting Prngram ATTACNMRNTS: none REVIEWED BY CITY MANAGER: AGENDA ITEM # 4(; NOVEMBER 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Oaks of Atlantic Beach Extension - Acceptance of Water and Sewer Infrastructure for City Ownership and Maintenance SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: October 30, 2006 BACKGROUND: Construction on the infrastructure for an extension of the Oaks of Atlantic Beach Mobile Home Park has been completed by the owner's contractor. This subdivision consists of 31 mobile home lots located in the City of Jacksonville off Pioneer Drive. The contractor completed construction in accordance with approved plans. City staff completed a final inspection, and the Department of Environmental Protection has cleared the water and sewer systems for service. BUDGET: No immediate impact to operating budget. The attached estimated schedule of values will be added to the City's assets. RECOMMENDATION: Accept the water and sewer infrastructure in the Oaks of Atlantic Beach extension for ownership and maintenance by the City of Atlantic Beach. 1 ATTACHMENTS: 1. Schedule of Values for Oaks of Atlantic Beach extension. REVIEWED BY CITY MANAGER: 1 VLENCOURT nstruction Co, Inc. J'rj1 Vtoti tir'I i(' 1v ,Sorthea t f°Itiri'd t Mike Vallencourt President AGENDA ITEM # 4 G NOVEMBER 13, 2006 Frank Vallencourt F. E. Vallencourt Vice -President Senior Vice -President City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 Phone: 904-247-5834 Fax: 904-247-5843 Re: Schedule of Values for the Oaks of Atlantic MHP project Thursday, August 24, 2006 Watermain Quantity unit Unit Cost Total Cost 8" DR25 PVC Water Main 1226 LF $ 14.75 $ 18,083.50 6" DR25 PVC Water Main 40 LF $ 13.00 $ 520.00 8" Joint Restraints 36 EA $ 120,00 $ 4,320.00 8"x8" Tap Sly. and Valve 2 EA $ 3,198.95 $ 6,397.90 8" Gate Valve 2 EA $ 862.00 $ 1,724.00 6" Gate Valve 3 EA $ 580.51 $ 1,741.53 Sample Point 4 EA $ 201.00 $ 804.00 Valve Box 5 EA $ 160.00 $ 800.00 Flushing Hydrant 2 EA $ 508.00 $ 1,016.00 Fire Hydrant 3 EA $ 1,527.00 $ 4,561.00 8 x 6" Tee 3 EA $ 375.00 $ 1,125.00 8" 45 Bend 2 EA $ 286.00 $ 572.00 8" Cap 2 EA $ 160.00 $ 320.00 1" Single Water Service 32 EA $ 373.83 $ 11,962.56 Punch Out Water 1 LS $ 3,852.00 $ 3,852.00 Pressure Test 2366 LF $ 1.53 $ 3,619.98 Water Main Total $ 61,439.47 Sanitary Sewer Main Tie in to existing sewer system 1 ea $ 850.00 $ 650.00 Type A Manhole 6-8' deep 9 EA $ 2,451.00 $ 22,059.00 8" SDR 26 Sewer Main 4-6' Deep 387 LF 22.03 $ 8,525.61 10" SDR 26 Sewer Main 4-6' Deep 834 LF 26.75 $ 22,309.50 6" Cleanouts 32 EA 170.48 $ 5,455.36 Sewer Services 32 EA 550.18 $ 17,605.76 TV Test Sewer Main 1221 LF $ 3.33 $ 4,065,93 Sanitary Sewer Main Total $ 80,871.16 Prepared By: ilfdroprte Marcus McInerney - Project Manager AGENDA ITEM # 6A NOVEMBET, 13, 2006 RFNCH.ITTT(IN NO. 116-1d A RESOLUTION OE THE CITY OE ATLANTIC BEACH FLORIDA CRF ATTN(: A C(IMMTTTFF In NTIT1Y TNF pc -Ns -nun -Tv OE FT.FCTTN(_ CITY C(IMMTSST(INF.RS EPOM TITSTRTCTS3 PROVIDING FOR A PURPOSE, MEMBFRNFTTP AND RFCPnNNTRTT.TTIFC (IF THE COMMITTEE AND PROVIDING AN EFFECTIVE DATE WNF.RFAS, the City Commission wants to determine if the City would he better served by electing some. or all. of the comrnissioners on a district basis rather than at large, and WHEREAS, the City Commission has identified the study of district representation as one of the strategic goals for the 2006-07 year and has included this in the strategic plan for the City of Atlantic Reach dated March 2006, and WHEREAS, any change to the way commissioners are elected in Atlantic Reach would require a change to the City Charter which must be approved by the citizens through a referendum, and WHERE' As. proper investigation of this important issue wi1l require several months of study and should be considered from the viewpoints of citizens living in each geographic area of the city, and WHFRFAS, the City C.ommiscinn has determined that the creation of a committee of citizens to st»dy district election alternatives and make a recommendation as to possible charter changes would be the best way to consider the issue. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC REACH: SFCTTCIN 1, Creation: There is hereby created and estahlished a fistrict Flection Committee (the Committee). SFCTTON 2. Purpose: The purpose of the Committee is to consider whether the citizens of Atlantic Reach chould vote on a referendum to change the method of electing city commissioners. and possibly the number of commissioners, from the present at large basis for all commissioners to a different form where some or all of the commissioners are elected to represent individual districts. The Committee should come to a conchicion and make a written recommendation to the City Commission in time for an item to he included on the Clctoher 7002 ballot for the City of Atlantic Reach primary election. SFCTTCIN t, Memhership: There will he a total of members. The Chairman of the Committee will be appointed by the Mayor. A 11 ether members will he appointed by the -City Commission. Committee members should be appointed to represent vario»c generaphic areas in Atlantic Reach and all should bring an open mind to the discussion without having made any Resolution 06-14 Page 1 of 3 AGENDA ITEM # 6A NOVMEBER 13. 2006 nonclusions as to whether or not district elentinns are appropriate in Atlantic Reach. The terms of each of the committee members shall extend until the written recommendation is made to the City Commission in the summer of 2007. Committee members will automatically be removed from the Committee if they miss three consecutive meetings unless their absence is excused hy the Chairman. A memher can also choose to resign from the Committee anytime hy giving written notine tn the City Clerk. Replacement memhers for anyone who is removed or resigns shall he appointed by the City Commission. SECTION 4. Duties and Responsibilities: (a) Become familiar with various options for district representation in Atlantic Reach. These may include. but not he limited to. having all commissioners except the Mayor being elected from single member districts (Mayor and four or more district elected members) to a combination of single member and at large districts (for example a Mayor and two or four district based commissioners and two at -large commissioners), whether the district representatives will he required tn live in the districts, whether they would he voted nn only hy citizens nfthoe districts or on a city-wide has, or whether the existing. at large manner of electing the Mayor and commissioners should be retained. The Committee should also a"aluate the advantages and disadvantages of each alternative for electing city commissioners with particular focus on the needs of the citizens of Atlantic Beach. (b) The Committee shn„ld meet as a group to hecome educated ahout the alternatives and evaluate the advantages and disadvantages hy using resources availahle from several sources including, but not limited, the Florida League of Cities, the National Urban League, and representatives from other cities or counties that have various forms of district or at large elections. (c) After considering all the alternatives and the advantages and disadvantages of each. the Committee should come to a conclusion as to which would be best for the citizens of Atlantic Beach. That consensus should be reflected in a written report that will be presented to the City Commission. (d) The Committee shnuld work with the City Manager and/nr staff assigned hy the City Manager to set up a series of meetings and handle any other husiness that may he necessary tn complete the duties and responsibilities assigned herein. SPCTTON 5. Time table. A written report should be presented to the City Commission nn later than Tune 10, 9007. This will allow the Commission time to consider the report and, if appropriate. to call for a referendum to he placed on the hallot for the nctoher 7, 9nn7 primary election in the City of Atlantic Beach. SECTTON 6. Sunset. This Committee will cease to exist upon the presentation of the final written report to the City Commission as described above. — — SPCTTON 7. Expenses. Any expenses innurred while conducting the husiness of this Committee must be approved by the City Manager or his designee prior to the ohligation of any city funds. Resolution n6-14 Page 9 nf AGENDA ITEM a 6A NOVMEBER 13, 2006 RF(`TTCIN 8. T iaison. Staff will he assigned by the city Manager to provide technical and administrative support. Staff will prepare the minutes of all committee meetings and handle all their administrative and technical services as needed. 4FCTTCIN Q. This resolution shall take effect immediately upon its page and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this day of November 6, 2006. DONALD M. WOLFSON Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City AttomPy Al l'hST: DONNA L. BTTSSEY City Clerk Resolution (1(_1 a Page I of AGENDA ITEM # �B NOVEMBER 13, 2005 RESOLUTION NO: 06-15 A RESOLUTION OF 'lHE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING CONTINUATION OF IHE ST. JOHNS RIVER >F`FRRY WHEREAS, the St. Johns River Ferry connects historic gate Road Al A hetween the Mayport Village on the south hank and the Fort George area on the north hank of the St. Johns River and closing the ferry wLnild reciilt in this impUrtant Cie highway hemming a dead end, and WHEREAS, the City of Jacksonville has recently inVested approvimately seven million dollars on infractruct»re improvements in Mayport Village to encourage redevelopment which will increase the ad valorem taxes to the city and the value of those improvements will be greatly diminished if ferry service is dicrpntinned, and WHEREAS, the St. Johns River Ferry is raced thrpnghpnt the year hy the Navy and C'nact Gnard at Mayport when they have ships in repair or dry dock at Atlantic Marine to avoid a 26 mile alternate route to travel between the two sides of the river, and WHEREAS, the continued operation of the St. Johns River ferry saves time and energy by reducing by approximately two thirds the fuel that the passenger vehiPlec wpnld lice if they had to drive the half how. 26 mile alternate route, improves traffic safety hy reducing travel and saves the cost of road and bridge maintenance on the alternate routes, and WHEREAS, the St. Johns River ferry is an important tourist attraction for approximately one million viSitnrc that annually visit the Timuc""an Erplpgieal and T-ictprir. Preserve, which alcn adds to the "Ural economy, and WHEREAS, the St, Jr,hns River ferry will hecome an increasingly important transportation option as the population continues to grow on both sides of the river and Naval Station Mayport continues to grow, NOW THEREFORE BE IT RESOLVED, that the Mayor and Commission of the City of Atlantic Beach supports continuation of the St. Johns River ferry. PASSED AND ADOPTED by City Commission on this day of 2006. DONALD M. WOLFSON Approved as tU fprm and rUrreetness: Mayor ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BUSSFY City Clerk A C,F.N11 A ITEM: STIRMITTED BY: DATE: BACKGRnIIND: AGENDA ITEM # 6 C NOVEMBER 13, 2006 CITY OE ATI ,ANTIC BEACII CITY COMM1SSInN MEETING STAFF REPnPT Proposed City of Atlantic Beach, Florida Health Care Facilities Revenue Bonds OFleet Landing Project), in aggregate principal amount not to exceed $20,000,000. Tim H November (, 2006 Naval Continuing C., e Retirement Foundation, Inc., a Florida not-for-profit commotion known as "Fleet Landing' is requesting that the city of Atlantic Reach Issue ucalth Fare Facilities Revenue Bonds for the purpose of expanding their facilities and remodeling some of the existing facilities. The development of health care faciliti;s is an authorized public purpose for issuing tax exempt bonds because it will provide Y„ndern and efficient continuing care for the cites and cn»nty. The City of Atlantic Beach, wing an incormorated municipality is a local agency authorized to finance and refinance this project. Fleet Landing requests that the City of Atlantis Reach be the issuer of the bonds in order to obtain the lowest possible interest rates. The City was the original issuer of the existing outstanding bonds in 1989. The outstanding portion of those bonds were refinanced in 1999 in the am -unit of $45,580,000 by the City. The Cites benefits from the issuance of the honds by the expanded development of the health care facility and the positive economic impact on the community. The principal and interest payments of the bonds as well as the issuance cost are entirely the responsibility of Fleet T anding. The issuance of these bonds will be of no cost to the city nf Atlantic Reach. RF•CfMMENf ATION: Pass resolution #06-16 authorizing the Mayor to sign the Memorandum nf Agreement necessary to enable Fleet T,anding to proceed with its financing of the expansion of the Fleet Landing Health Care Facility ATT A CITMF,NTS: • Memo from Alan Jensen, City Attorney T •et -ter from John Meserve, Executive Director of El eet T ,andin g • Application for Approval of the Health Care Facility Bonds • Memorand„m of Agreement Resolution 06-16 AL AV C. i1?NRRN Armenoy 9t r asat 91; Nm-th Third Street EoSt Office Box 50457 Jaei,.on:Ile Beach. 1F1^re,i• 3224n-0451 TPlephon (4fa) 7d6,15111) November 6.90n4 James R. Hanson. City Manager City of Atlantic. ReSch R00 Seminole Road Atlantic Beach, FT P233 RF: Fleet landing Project T-Tealth Care Facilities Revenue Bonds Dear Jim: AGENDA ITEM # 6 C NOVEMBER 13, 2006 Facsimile (904) 246-9960 Mail; ��^sem^r 2— aZaoI,com VIA FAC.SIMIT.1F: (904) 247-5805 T have reviewed All documents provided to me by the attorneys for Fleet Landing. together With the Application For Approval with attached documents submitted by Elea. "landing, including the Resolution and the Memorandum of Agreement, and find nn problem with these documents, 1 woild certainly 1ecommend that the City Commission pass the R.ecolution and authorize execution of the Memorandum of Agreement. Basically, this is a situation where the City is used AR a "conduit" for issuance of the bonds, and the City has previoudy done virtually the tame thing with Fleet Landing in November. 19A(, There is no ohligation or liability imposed on the City as a resnit of pAssage of the Resolution, execution of the Memorandum of Agreement. and subsequent issuance of the bonds. Furthermore, there is no expense to the (~ity either, in that Fleet T nding pays any all expenses incurred by the rity. if you have anY questions or need anything further from me in this regard, please don't hesitate to contact me, very truly yours, A(Tlsky Cc: Nelson VanLiere, Finance Director (via fax) TRNSFM AGENDA ITEM # 6 C NO"E�'RFR 13, 2006 RESOLUTION NO. 06-16 A R Fc(1T =CON AT TTHOR T7TNCT THF. FXFCT TTTON ANT) DELIVERY OE A MEMOR A NT)T TM OE A CR PPMFET WTTH NAVAT, CONTINUING CARE RETIREMENT EOUNDATION, TNC., A ET.ORM A NOT -EOR -PR OEIT CORPORATION, WITH RF.RP-PC' TC) ETNANC..TNCT AT.T. OR A PART OE THF. COST OE A CAPITAL PROTECT C..C1IvRTRTTNC4 OE THP A C.OT TTSTTIC)N, CONS'IRUCTION AND INSTALLATION OF cm? TATN r''APII A T TMPR OVF.MF.NTS TO THF CONTINUING CARE RETIREMENT EACH ITV KNOWN AS "'ET .F.FT T .ANT N(T," WHICH TS OWNF.T) ANTI ()PPRATFT) RV SMT) C.ORPORATTON, ANT) THF. ISSUANCE AND SALT OF CT's' nE ATT.ANTW RPACR, ET.ORIDA HEALTH CARE FACILITIES REVENUE 'PONDS (ET .EFT T .ANDTNCT PR O.TRCT), TN AN AGGREGATE PRINCIPAL Amor TNT NOT TO FXCFFT) 570,000,000, EOR THF PT TRPOSF. OF FIN ANCTNC; ATT. C11:2 A PART OE THF. COST OE SATT) PROJECT; ALL PURSUANT TO THE CONRTTTT TTTON nE THF STATE OE FLORIDA, PART II OF CHAPTER 159, FLORIDA STATTTTFS, AS AMFNT)FT), AND OTHER APP PR OVTRTONR OE T .A W. BF. IT RF.SOLVF.D BY THE CITY COMMISSION OF THE CITY OF ATT .ANTIC. RRA C'H: SECTION 1. ATTTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Constitution of the State of Florida, Part II of Chapter 159, Florida Statutes, as amended, and other applicable provisions of law (collectively, the "A ct"). RECTrnN 9 FTNTIIN(1c Tt is hereby found, ascertained, determined and declared that: A. The City of Atlantic Reach (the "Tssuer" or the "City') is an incorporated municipality of the State of Florida (the "State") and is a local agency duly authorized by the Act to finance and refinance the acquisition, construction, reconstruction, improvement, rehabilitation, renovation, expansion and enlargement, or additions to, furnishing and equipping of any capital project for any "health care facility" (as defined in the Act), including land, rights in land, buildings and other structures, machinery. equipment. appurtenances and facilities incidental thereto, and other improvements necessary or convenient therefore, and to obtain funds to finance the cost thereof by the issuance of its revenue bonds for the purposes of enhancing and expanding the health care industries, promoting and fostering the economic growth and development of the Issuer and the state. increasing purchasing power and opportunities for gainful employment, advancing and improving the economic prosperity of the State and its inhabitants, improving living conditions and health care, and otherwise providing RESOLUTION NO. 06-16 Page 1 of AGENDA ITEM # 6 C NOVEMBER 11, 2006 for and contributing to the health, safety and welfare of the people of the State, and the Tssuer is fi,rther authorized by the Act to pledge and assign as security for the payment of the principal of and interest on such bonds any revenues derived by the Issuer pursuant to financing agreements with respect to such projects. Naval Continuing rare Retirement Eoundation, Tnc., a Florida not-for-profit corporation (the "Borrower"). owns an existing continuing care retirement facility known as "Fleet Landing' which is located at One Fleet Landing Boulevarr1. Atlantic Peach, Florida on a site containing approximately 100 acres. The Borrower has requested tint the Tssuer talce official action expressing the Issuer's intention to issue and sell its Health Care Eacilities Revenue Ponds (Eleet T anding Project), in an aggregate principal amount of not to exceed $20,000,000 (the "Bonds"), for the purpose of financing all or any part of the cost of the acquisition, construction and installation of certain capital improvements to Eleet T anding, including without limitation, 15 independent living units consisting of 5 homes and 15 duplexes (each containing 9 units), .a community center containing auditorium, fitness center, lap pool, technology center. dining and 1ri_f_hen facilities, and related facilities, renovations to the existing amenity center, and related facilities, fixtures, finmishings and equipment (collectively, the `Project"). The Project will be owned and operated by the Borrower. R. Tf the Bonds are issued, the Borrower will be obligated under loan or other financing agreements with the Issuer to operate, repair and maintain the Project at no expense to the Tssuer, to make payment sufficient to pay the principal of and premium. if any, and interest on the Bonds when and as the same become due, and for the payment of all other costs incurred by the Tssuer in connection with the financing and administration of the Project which are not paid out of the Pond proceeds or otherwise; the Ponds are to he secured by such obligations of the Borrower and by an irrevocable direct -pay letter of credit (including any substitute letter of credit delivered in accordance with the financing documents, the "Letter of Credit") to be issued by Wachovia Rank, National Association; and it is expected that the interest on all or a portion of the Ponds will he excluded from gross income for federal income tax purposes; all as permitted by the Constitution and other laws of the United states and of the state and as authorized by the Act. C. TTpon consideration of the information fnrnished by the Rorrower and other available information. it appears that: (1) The Project and the financing of all or a part of the cost of the Project by the Issuer will he in fiirtherance of the purposes of the Act in that it will encourage the location of the Project in Duval County (the "County") and the State, it will enhance and expand the health care industries, promote and foster the economic growth and development of the Issuer and the State, advance the public purposes providing modern and efficient continuing care facilities in the City and the county. improve living conditions and health care and will serve other predominantly puhlic purposes as set forth in the Act. (9) The Project is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth and development of the City, the County and the RESOLUTION NO. 06-16 Page .f 5 AGENDA ITEM #6 C NOV'MMBPn 13 "Cif State, shall preserve and provide gainful employment and sha1l serve a puhlic purpose hy advancing the economic prosperity and the general welfare of the City. the County, the State and its people as stated in section 1 59.96, Florida Statutes, as amended. (3) Subject to the condition that the borrower provide the Tetter of Credit to secure the payment of the Bonds, and based upon the financial information heretofore fi,rnislied to the Issuer hy the borrower, the Borrower is financially responsible and fully capable and willing to serve the purposes of the Act and fi,lfll its obligations under the proposed financing agreements for the Project and under any other agreements to he made in connection with the issuance of the Bonds and the use of the Bond proceeds for financing all or a part of the cost of the Project, including the obligation to pay loan payments or other payments in an amount sufficient in the aggregate to pay all of the interest, principal and redemption premiums, if any, on the Bonds, in the amounts and at the times required, the obligation to operate, repair and maintain the Project at the Borrower's own expense, and such other responsibilities as may he imposed under such agreements, due consideration having been given to the financial condition of the borrower, its ratio of current assets to current liabilities, net worth, earnings trends and coverage of all fixed charges, the nature of the industry or business and of the activity involved, the inherent stability thereof and other factors determinative of the capabilities of the Borrower financially and otherwise, to fulfill its obligations consistently with the purposes of the Act, and to the condition that the Bonds he fully secured by the Letter of Credit. (4) The City and other local agencies will he able to cope satisfactorily with the impact of the Project and will be able to provide, or cause to be provided when needed, the puhlic facilities, including utilities and public services, that will be necessary for the construction. operation. repair and maintenance of the Project and on account of any increase in population or other circumstances resulting therefrom. (5) The borrower has requested satisfactory expressions and declarations of intent by the Issuer that, upon the satisfac±ion of all requirements of law and all conditions to be met, including a public hearing and all findings required hy the Internal P evenue Code of 19R6, as amended (together with the regulations promulgated thereunder, whether proposed, temporary or final, the "code"). adoption by the Tssuer of a resolution authorizing the Bonds, and the receipt by the Issuer of a pond approving opinion of bond counsel satisfactory to the Tssuer, the Bonds will be issued and sold and the proceeds thereof will he made availahle to finance and refinance the costs of the Project, to the extent of such proceeds. (IS) A negotiated sale of the Bonds is required and necessary, and is in the best interest of the Issuer, for the following reasons: the Bonds will he special and limited obligations of the Issuer payable solely from proceeds of the T etter of credit and other revenues and proceeds derived hy the Issuer pursuant to the financing agreements, and the Borrower will be obligated for the payment of all costs of the Tssuer in connection with the financing and administration of the Project which are not paid out of the Bond proceeds or otherwise and for operation and maintenance of the Project at no expense to the Issuer: the cost of issuance of the Bonds, which will he horne directly or indirectly by the Borrower, could be greater if the bonds are sold at public sale by competitive bids than if the Bonds are sold at negotiated sale, and a public sale by competitive bids would cause undue delay in the financing of the Project; revenue bonds having the characteristics of the Bonds are typically and usually sold at negotiated sale; RESnLUTInN NO. 06-16 Page 3 of 5 AGENDA ITEM # 6 C NOVEMBER 13, 2006 the Borrower has requested that a negotiated sale of the Bonds be authorized by the Issuer; and authorization of a negotiated sale of the Bonds is necessary in order to serve the purposes of the Act. (7) Tt is proposed that the Issuer and the Borrower enter into a memorandum of agreement in the form presented at this meeting (the "Memorandum of Agreement"), allowing for the Borrower as independent contractor. and not as agent for the Issuer, proceed, at its election, with the acquisition, construction, installation and completion of the Project. all a+ no cost to the Issuer pending the issuance and sale of the Bonds; and providing among other things expressions and declarations of intent for the Bonds to be issued and sold at negotiated sale upon the terms and conditions hereof and thereof for the use and application of the proceeds of sale of the Bonds to pay all or any part of the "cost" (as defined in the Act) of the Project, to the extent of such proceeds; for loan or other financing agreements between the Issuer and the Borrower whereby the Borrower will be unconditionally obligated to operate, repair and maintain the Project at no expense to the Issuer, to make payments sufficient in the aggregate to pay all of the principal of and interest and redemption premiums, if any, on the Bonds, and to pay all other costs incurred by the Issuer in connection with the financing and administration of the 'Project which are not paid out of the Bond proceeds or otherwise: and for such other financing agrreerents, indentures, and related agreements as shall be necessary or appropriate. (8) The purposes of the A ct will he more effectively served if, and it is necessary and desirable and in the best interest of the Issuer that, the Memorandum of A greement be executed and delivered by and on behalf of the Issuer. SECTION 3. AUTHORIZATION OF MEMOR ANfT TM nE A CTR FFMFNT. The Memorandum of Agreement in the form and with the contents presented at and filed with the minutes of this meeting, be and the same is berth)/ approved, and the mayor - Commissioner and the City Manager of the Issuer, or either of them. are hereby authored and directed, in the name and on behalf of the Issuer, to execute and deliver said Memorandum of Agreement. SECTION 4. TFER A APPROVAL. Because a portion of the Project will he located within the City of Jacksonville, Florida, the City Commission hereby requests the mayor of the city of Jacksonville to approve the issuance of the Bonds by the Issuer solely for purposes of Lection 1470 of the Internal R even„e Code of 1986, as amended (the -"Code"), after the public hearing held in accordance with Section 1 47(f) of the code. SRCTION 5. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. REZOLUTION NO. 06-16 Page 4 of 5 SECTION F. FFFFrTTVP DATE. This resolution shall take effect immediately. PASSFTD ANIS ATInPTFTI this 13th day of November, MM. (nEETrIAL SEAL) AGENDA ITEM # 6 C NOVEMBER 13, 200fc CCTV nE ATT ANTIC BEACH, FT,OR TT)A Ry Mayor -C nmm; g g; o n er ATTEST: City Clerk APPR nVPP AS 10 FORM ANT) rnRRECTNESS: City Attorney BESOT UTION NO. 06-16 Page 5 of 5 FIEET tMHPttl Atlantic Beach's World -Class Life Care Community nctoher 1 1. 2006 City Commission City of Atlantic Beach RBB Seminole Road Atlantic Reach, ET, 17711 Attn: Mr. Tim T-Tan,on. City Manager AGENDA ITEM # 6 C NOVEMBET' 13, 2006 Re: Proposed City of Atlantic Peach. Florida Health Care Facilities Revenue Bonds (Eleet T anding Project), in an aggregate principal amount not to exceed $7n,n00,000 Ladies and Gentlemen: We enclose three copies of the application of Naval Continuing Care Retirement Foundation, Inc. to the City of Atlantic Reach for approval of industrial development revenue hond financing for the purpose of financing certain capital improvements at Fleet T anding. We appreciate very much your consideration of our application and look forward to discussing the application with you at the City Commission meeting on Monday, November 1 ' . If you have any questions concerning the application prior to such time, please do hesitate to contact me. c: Alan C. Tensor). City Attorney Chauncey W. Lever, Tr. JACK 564684.1 nce ly, eserve irector NAVA1. CONTIN111NG CARF. RF.TIRF.MF.NT LOIINnAIIONJ, INC. CONTINUING CARE RETIREMENT FACILITIES ATLANTIC BEACH, FLORIDA APPLICATION FOR APPROVAL INDUSTRIAL, nfVFI.(lE1MFNT RF.VF.NIIF. 11(lNn FINANCING FOR NOT To FXCFFT .,20,000,000 Tn CITY OF ATLANTIC BEACH, FLORInA OCTOBER 31, 2006 JACK_564469.3 AGENDA ITFM # 6 C NOVEMBER 13, 2006 AGENDA ITEM # 6 C NOVEMBER 13, 2006 Application for Approval of Proposed City of Atlantic Beach, Florida Health Care Facilities Revenue 11nnds (Eleet I anding project) Summary Bonds: Not to exceed $20,nnn,nnn. Borrower: Naval continuing Care Retirement Foundation, Inc., a Florida not for profit corporation, which owns and operates an existing continuing care retirement facility known as "Fleet Landing: - Project Site: Existing continuing care retirement campus located at one F1Pet T anding Boulevard, Atlantic Beach, Florida, on a site containing approximately 1 nn acres. Project: The acquisition, construction and installation of certain capital improvements to the existing continuing care retirement facility known as "Fleet Landing," including without limitation. '15 independent living units consisting of S homes and 15 duplexes (each containing two units), a community center containing auditorium, fitness center, lap pool, technology center, dining and kitchen facilities, and related facilities, renovations to the existing amenity center, and related facilities, fixtures. furnishings and equipment. The Project will be owned and operated by the Borrower. Project Lost: 5erurity for the Bonds: conduit Financing: JACK 564469.3 Approximately $22.002.410. Borrower equity will provide the balance of the funding necessary to pay project costs. Irrevocable nirect-Pay Tetter of Lredi++o he issued by Wachovia Bank, National A ssoriation. Assignment by the city to T LS, Rank National Association, as the bond trustee, of the City's rights under and pursuant to the loan Agreement (with the exception of certain rights to indemnification and notices that are retained by the City). Any pecuniary liability or ohligation of the City shall be limited solely to amounts received by the City from the revenues and other fields derived by the City from the Borrower with respect to the Project, including loan repayments received under the financing agreements. No Expense to City: JACK 564469.3 AGENDA ITEM # c NOVEMBER 13. 2006 The Borrower will pay all costs and expenses of the City relating to the issuance of the Bonds, and will indemnify the City against any liabilities, claims and expenses incurred by the City in any way relating to the issuance of the Bonds. AGENDA ITEM # 6 C NOVEMBER 13, 2006 Ortnber 31. 2006 City Commission City of Atlantic Reach 800 Seminole Road Atlantic Reach. Florida 322T Re: proposed City of Atlantic Beach, Florida wealth Care Facilities Revenue Bonds (Fleet T anding project) Ladies and Gentlemen: Naval Continuing Care Retirement Foundation, Inc. (the -"Borrower"), a Florida not for profit corporation, owns and operates an existing continuing care retirement facility known as "Fleet T.anding" located at One Fleet T anding Boulevard. Atlantic Beach, Florida. The campus includes approximately tun acres and offers residents a variety of continuing care services. Request Application is herehy made to the City through the City Commission of the city (the "City Commission") for approval and issuance by the City of its Health rare Facilities Revenue Bonds in an aggregate principal amount not to exceed $2n,nnnfnnn (the "Bonds") to finance the acquisition. construction and installation of the project which is more fully described under "The pro i ect." Submitted with this application is the proposed form of resolution (the "Preliminary Resolution") describing the Project and authorizing the execution and delivery of the Memorandum of Agreement attached thereto relating to the issuance of the Bonds by the City. The Borrower believes and represents to the City Commission: (i) that the Project constitutes a `project'. within the meaning of Section 159.27(5), of Chapter 159, Part II, Florida statutes, as amended (the "Act"), to wit, a -health care facility" within the meaning of Section 159.27(5), Florida Statutes, as amended; (ii) that the project will serve a paramount puhlic purpose by promoting and fostering the economic growth and development of the City, nuval County (the "County- and the State of Florida (the "State"), increase purchasing power and opportunities for gain -Ail employment, improve living conditions, advance and improve the economic prosperity and the welfare of the State and its inhabitants_ advance the public purposes of providing modern and efficient continuing care facilities in the City and the County. and otherwise contribute to the health, safety and welfare of the people of the City, County and the State; and (iii) that the Proiect, when completed, will comply with all applicable federal. state and local laws, ordinances and regulations to the effect that interest on the Bonds will he excludable from gross income for federal income tax purposes. JACK_564469.1 AGENDA ITEM #6C NOVEMBER 13, 2006 The Project The Project consists of the acquisition. cnnstructinn and installation of certain capital improvements to the existing continuing rare retirement facility known as "`Fleet T.anding," including without limitation, 3:) independent living units consisting of 5 homes and l s duplexes (each containing two units), a community center containing auditorium. fitness center, lap pool, technology center, dining and kitchen facilities. and related facilities, renovations to the existing amenity center, and related facilities. fixtures. furnishings and equipment. The Project will he owned and operated by the Borrower. The Rnrrower The Borrower is a Florida not for profit corporation and is an exempt organization described in Section 501(c)(3) of the Internal Revenue Code. The Borrower owns and operates the continuing rare retirement facility known as "Fleet T.anding," which is designed to meet the needs of former military officers, their spouses and others of retirement age. Fleet T.anding. initially consisting of 320 independent living units, 76 assisted living units and a skilled nursing center containing 42 skilled nursing beds, was initially financed as a start- up continuing care retirement community through the issuance in 1989 by the City of its variable Rate Demand Revenue Bonds, series 1QR9 (Fleet Landing Project) in the amnunt of $62,950,000 (the "series 1989 Bonds"). Fleet Landing opened in 1990 and, after fill -up. $22,nn0,nnn principal amount of the Series 19R9 Rnnds was repaid primarily from first generation entrance fees. The outstanding Series 1989 Bonds were refinanced in 1994 through the issuance by the City of its $21.570,000 Fixed Rate Improvement and Refunding revenue Bonds. Series 1994A (Fleet 1 anding Project) and .•21,'nn,nnn Variable Rate Demand Improvement and Refunding Revenue Bonds, series 1994T (Eleet Landing Project) (the "Series 1994 Bonds"). The Series 1994 Bonds alsn financed a portion of the cost of acquisition of an additional 4.4R acres of land adjacent to the facility, conversion of the original 26 assisted living units to 1R adclinonal skilled nursing beds (20 of the beds having Al7heimer's special care capability) and construction of a new 60 -unit assisted living facility. These additional living facilities were completed in August 199. The original '26 assisted living units were located in the skilled nursing facility and planned for future conversion to skilled nursing. In 1996, the Borrower purchased an additional 13 acres of land adjacent to the facility site. The outstanding Series 1994 Ponds were refinanced for debt service savings in 1999 through the issuance by the City of its $4S,SRf,fnn Health Care Facilities Revenue Refunding, Bonds. Series 1999 (Eleet T.anding Project). Fleet T.anding is situated nn a site containing approximately 100 acres primarily located within the City of Atlantic Beach, Florida. The Borrower is regulated as a continuing care facility by the State of Florida under the provisions of Chapter 51. Elorid.a Statutes, as amended. JACK 564469.3 AGENDA ITEM # 6 C NOVEMBER 13, 2006 PuhIii' Purposes and Benefits Public Purposes. The Project constitutes a `-health care facility." within the meaning of Section 159.27(5), Florida Statutes. as amended. The Supreme Court of Florida has determined that a health care facility serves a paramount puhlic purpose and that the financing of such projects through the issuance of public revenue bonds, under the Florida Tndustrial Development Act. is A'alid and constitutional The Project will advance the puhlic purposes of providing modern and efficient continuing care facilities in the City and the County, which facilities are needed for the welfare and benefit of the City and the County and siirronnding areas and are commensurate with a desirable level of health care. Economic Renefits to the Community. Tt is anticipated that during the period of construction, approximately 10-40 construction lohs will he created. The Borrower presently employs 272 personnel on 2 fill -time basis. Tt is estimated that the Project will create approximately 1 S-1 8 additional, full-time jobs: Zoning and Utilities. Toning for the site is suitahle for the Project. There are no unusual requirements for sanitary sewer and water. and sewer and water service is available at the Project site. There is adequate land available to provide for the retention of storm water as required by local regulations. Other utility requirements, such as telephone and electricity, are normal and are presently availahle. Financial Matters The Borrower desires so finance the Project at the most favorable cost possible. The issuance by the City of its industrial development revenue ponds wonid provide a substantially lower interest cost than any other alternative. Through the use of industrial development revenue hond financing, the total cost of the Project, and the annual costs of operating the Project and providing for all debt service requirements, would he minimized. This would enhance the financial viability of the Project. Estimated Sources and T Tses of Funds. The estimated sources and uses of funds for the Project are shown in the following tahle: Sources of funds: Proceeds of revenue bonds $20,000,000 Fq„ity 2,002,410 Total $T),007,410 Uses of fiends: Construction Crests $15,971,9;7 Site work. roads. fencing. permitting 2,483.084 Architectural and engineering 725,000 Presale marketing 550,000 Eurniture, fixtures and equipment 450,000 Capitalized interest 1,571,-,R9 3 JACK 564469.3 Loan and issuance costs Total Security 300,000 $22,002,41 n AGENDA ITEM # 6 C NO"EMBER ,3, 2006 The Bonds will he secured hy an irrevncahle direct -pay letter of credit (thP "T etter of Credit") to be issued hy Wachovia Bank. National Association (the "Rank"). The Ponds also be secured hy an assignment by the City to H.S. Rank National Association, as the bond trustee, of the City's rights under the T.oan Agreement (with the exception of certain rights to indemnification and notices that are retained hy the City). Einancial Respnnsihility The Borrower is satisfied that it will he capahle of fulfilling all such ohli_atinns, including the obligation to make payments suffc;ent for the payment of all dept service on the Ponds in an aggregate principal amount of up to $18,500,000. Pond Counsel. Bond counsel is Foley Rr T ardner T T.P. One Independent (rive, Suite 1100, Jacksonville, Florida 122n7, (904) 1S9 -R774, Attention: Mr. Chauncey W. 1- ever, Jr. Certified Puhlic Accountants. The Borrower's certified puhlic accountants are Miller Sr Williams, CPA's, RR34-6 Goodby's Fxecutive flrive, Tacksonvf le, Elorida 32217, (904) 711- 4846, 'TT- 4846, Attention: Mr. Mike Williams, Einancial Statements. Included in this application is a copy of the Rnrrower's financial statements for the most recent fiscal year for which financial statements are available. Costs of Issuer. Tt is understood and agreed that all expenses incurred hy the City with respect to the Rends shall be borne by the Borrower. Compliance with Applicahle Taws. The Project. when completed, will comply with all applicahle federal, state and local laws, ordfnanres and regulations. conclusion Favorable action upon this application hy the City will enable the Borrower to proceed with the Project. as planned. We trust that the enclosed information is sufficient for your consideration and approval. Please call should you have any questions or comments or req»ire additional data. NAV • L CnNTTNT TTN( CARE 4 JACK 56446°:3 REIit • MENT EnT TNDATION, INC. y: 64 Jo rve Exe e lei -ctor AGENDA ITEM # 6 C NOVEMBER 13, 2006 ivvIEMORANDUM OF AGREEMENT MFMnRANDUM OF AGREEMENT between CITY OF ATLANTIC REACT -T, an incorporated municipality of the State of Florida (the "Issuer' or the "City'), and NAVAL CONTINUING CARP' RPITPPMI NT PfTTNTlATTCN, INC., a Florida not for profit corporation (the "Borrower"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Memorandum of Agreement are the following: (a) The Issuer is an incorporated municipality of the State of Florida (the -State") and is a local agency duly organi7.ed under the provisions of the Constitution of the State of Florida. Part II of Chapter 159, Florida Statutes, as amended, and other applicable provisions of lai» (collectively, the "Act"). As such, the 'Issuer is duly authorized and empowered by the Act to provide for the issuance of and to issue and sell its revenue bonds for the purpose of financing all or any part of the "cost" of any "project," including any project for a 'health care facility- (as such terms are defined or used in the Act). (h) The Rorrnwer awns an existing continuing care retirement facility known as "Fleet i.anding" which is located at One Fleet Landing Boulevard, Atlantic Reach, Florida, on a site which contains approximately 1 00 acres. (c) The Borrower has requested that the Issuer take official action expressing the Issuer's intention to issue and sell its Health Care Facilities Revenue Bonds (Fleet Landing Project), in an aggregate principal amount of not to exceed $2n,nnn,nnn (the 'Bonds"). for the purpose of financing all or any part of the cost of the acquisition, construction and installation of certain capital improvements to Fleet Landing. including without limitation, 35 independent living units consisting of 5 homes and 15 duplexes (each containing 2 units), a community center containing auditorium, fitness center, lap pool, technology center, dining and kitchen facilities. and related facilities, renovatioins to the existing amenity center, and related facilities, fixt>>res, fiimishings and equipment (co11ectively, the 'Project"). The Project will be owned and operated by the Borrower. (d) The Borrower represents that the Project constitutes a capital project for a "health care facility" and a "project" within the meaning of the Act; and that the Project will preserve and provide employment in the City and the County, and wi1l advance the public purposes of providing modern and efficient continuing care facilities in the City and the County. (e) The Borrower has requested that the Issuer express its intention to issue its revenue ponds for the Project, in an aggregate principal amount of not to exceed $7n,nnn.nnn (the -"Roods'), for the purpose of financing all or part of the `cost' (as defined in the Act) of the Project, under a financing agreement (or amendment and supplement to an existing financing agreement between the Issuer and the Borrower), whereby the Borrower Will be unconditionally obligated to operate, repair and maintain the Project. to make payments sufficient to pay the debt service on the Bonds and to pay all other costs incurred by the Issuer in connection with the financing, the aequisitinn, construction and instillation, and the administration of the Proj JACK 562468.4 ect. AGENDA ITEM # 6 C NO"Gm+3, 2006 which are not paid out of the Bond proceeds or otherwise. The interest on the Bonds to he exempt from federal income taY ation under the laws of the United States of America. (f) The City Commission, by resolution duly passed and adopted has made certain findings and determinations on behalf of the Tssuer and has duly approved and authorized the execution and delivery of this memorandum of Agreement. (g) This Memorandum of Agreement is entered into to pernhit the Borrower to proceed with commitments for the Project and to incur or pay costs in connection with various Phases of the Project (including the costs of the acquisition, construction and installation of the Project and related expenses) and to provide a declaration of intent hy the Tssuer, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance all or parr of the costs of the Project, to the extent of such proceeds. all in accordance with and subject to the provisions of the Constitution and other laws of the State of Florida, including the Act, the Tnternal Revenue rode of 1 QR6, as amended (the "Code-), and applicahle Treasury Regulations under° the rode, and this Memorandum of Agreement. (h) Because a portion of the Project will he located within the City nf Jacksonvi11e. Elorida, the Borrower has requested the Tssuer to request the Mayor of the City of Tacksnnville to approve the issuance of the Bonds by the Issuer solely for purposes of section 147(f) of the Code, after a public hearing held in accordance with Section 147(0 of the Code. �. Intentions on the Part of the Tssuer. Pursuant to and in accordance with and subject to the limitations of the constitution and other laws of the State of Florida. including the Act. the Code and applicable Treasury Regulations under the rode, and upon the conditions stated in this Memorandum of Agreement, the Tssuer declares its intent as follows: (a) Tt will authorize the issuance and sale of one or more series of the Bonds, pursuant to the tern -is of the Act as then in force, for the purpose of financing all or a part of the cost of the Project. (b) It will, at the proper time and subject in all respects to the prior advice. consent and approval nf the Borrower. adopt such proceedings and authorize the execution of such documents as may be necessary and advisable for the authori7atinn, sale and issuance of the Bonds, the acquisition. construction and installation of the Project and the financing of the Project, all as shall be provided for or permitted hy the Code, authorized by the Act and mutually satisfactory to the Issuer and the Borrower. The Bonds are to be issued under a trust indenture (or a supplement and amendment to an existing trust indenture), between the Tssuer and T T,S. Bank National Association. as Trustee, pursuant to which the Trustee shall receive and disburse the proceeds from the sale of Bonds, collect payments from the Borrower under the financing agreements and enforce its obligations under the financing agreements. The Bonds shall not he deemed to constitute a debt, liability or ohligation, ora pledge of the faith and credit or taxing power, of the Issuer, of the County, or of the state or of any political subdivision thereof hut the Bonds shad be payable solely from the revenues and proceeds to he derived hy the Tssuer from the sale. operation or leasing of the Project, including payments received under the financing agreements. The Bonds shall bear interest at such rate or rates. shall be payable at such times and places. shall be in such forme and denominations. shall be sold in such manner, at such price AGENDA ITEM a 6 C NOVEMBER 13, 20n6 and at such time or times. shall have such provisions for redemption and tender, shall be executed, and shall be secured pursuant to the trust indentures, as hereafter may be requested by the Borrower and acceptahle to the Issuer, all on terms complying with the Code, authorized hy the Act and mutually satisfactory to the Issuer and the Borrower, subject to the required approval of the City Commission. (c) The interest on the Bonds shall he exempt from federal income taxition, as determined on the basis of an opinion of Pond Counsel approved by the Issuer. Agreements of the Borrower. Subject to the conditions stated in this Memorandum of Agreement, the Borrower agrees, if it proceeds with the Project, as follows: (a) The Borrower will generally arrange for, manage and carry nut the acquisition, construction and installation of the Project, it will advance its own funds for such purpose as herein provided and, tO the extent that the proceeds derived from the sale of the Bonds are not sufficient to complete the Project and to pay all costs incurred in connection therewith and with the financing and administration of the Project, it will supply all additional funds which are necessary therefor. (b) The Borrower will mike arrangements for the sale of the Bonds and shill he responsible for compliance with a11 applicable securities laws, including any disclosure obligations, in connection with the offering and sale thereof. (c) Contemporaneously with the delivery of the Ponds, the Borrower will enter into financing agreements and such ether agreements and related documents as shall he necessary or appropriate so that the Borrower will be obligated to operate, maintain and repair the Project at its own expense, to pay for the account of the Issuer sums sufficient in the aggregate to pay all of the principal of and interest and redemption premiums. if any, nn the Bonds when and as the same shall hecnme due and payable, and to pay all other costs incurred hy the Issuer in connection with the financing. construction and administration of the Project. except as may he paid colt of the Bond proceeds or otherwise. (d) Contemporaneously with the delivery of the Ponds, the Borrower will enter into financing agreements and such ether agreements and related documents as shall he necessary or appropriate so that the Borrower will be obligated to operate, maintain and repair the Project at its own expense, to pay for all of the principal of and interest and redemption premiums, if any, on the Ponds when and as the same shall become due and payahle. and to pay all other costs incurred by the Issuer in connection with the financing. corstrnction and administration of the Project, except as may he paid out of the Bond proceeds or otherwise. (e) The Borrower will cause Wachovia Bank, National Association to issue an Irrevocable Ilirect-Pay Letter of Credit (including any substitute letter of credit delivered in accordance with the financing documents, the '`Letter of Credit-) to secure the payment of the Bonds and will take such fiirther action and adopt such proceedings as may be required to implement its iindertakings hereunder. -3- AGENDA ITEM # 6 r NOVEMBER 13, 2006 4. freneral Provisions. (a) Since it is anticipated that the acquisition, construction and installation of the Project will commence prior to the sale of the Ronds and the Rnnower knows and acknowledges that the Issuer will have no fiinds availahle to pay the cost of the Project other than funds derived from the sale of the Ronds, the Borrower may advance from time to time any finds necessary for the acquisition. construction and installation of the Project. and any such funds when so advanced shall be deemed funds advanced on behalf of the Issuer; provided, however, that the Issuer shall not hy virtue of such advances or otherwise through this Memorandum of Agreement acquire any property interest in the Project whatsoever. (h) The Issuer agrees that the Borrower may enter into one or more agreements with a private lender or lenders to provide temporary construction financing and obtain commitments for permanent financing for the Project without vitiating in any manner the terms of this Agreement. (c) T le Borrower shall act as independent contractor, and not as agent for the Issuer, for the acquisition, construction, installation and completion of the Project, and shall provide all services incident to the acquisition, construction and installation of the Project and pay the cast thereof pending reimhursement hy the Issuer from the Rond proceeds, and the IsslTer shall have no responsibility for the provision of any such services. (d) The Rorrnwer may engage the services of an underwriter or financial consultant or adviser and the services of hood counsel or other legal counsel in connection with the offering and sale of the Bonds; provided, however, that the Issuer shall have no liability for the payment if any such firm's compensation or expenses if the Bonds are not sold and issued, and if the Ronds are sold and issued the Issuer shall he liahle for the payment thereof only nut of the proceeds of sale of the Ronds. (e) The Borrower agrees to pay the Issuer's actual out-of-pocket costs and expenses in connection with the transactions contemplated hereby. whether or not the Ronds are issued and sold. provided that if the Ronds are issued and sold. such costs and expenses may he reimhursed out of the proceeds of the sale of the Bonds. (f) Alan C. Jensen, Esquire, City Attorney for the City of Atlantic Beach, Florida, shall serve as counsel for the Issuer and Foley ST T ardner LLP. Jacksonville, Florida, counsel for the Borrower, shall serve as Rond Counsel. The Borrower shall be responsible for the payment of all fees, costs and expenses of said counsel for the Issuer and of all fees, costs and expenses of Bond Counsel, and shall pay the same whether or not the Rnnds are issued and sold, provided that if the Ronds are issued and sold such fees, cn.sts and expenses may be paid or reimbursed out of the proceeds of the sale of the Ronds. (g) The Ronds shall not he required to he validated pursuant to the provisions of Chapter 75, Elorida Statutes, unless validation shall be deemed advisahle or shall he required hy counsel to the Issuer, Rond Counsel or the initial purchaser of the Ronds. (h) If required hy the Issuer or its counsel, the Borrower or its counsel, or Bond Counsel, s'Ich other rulin=s, approvals, consent, certificates of compliance, opinions of -a- AC,FtJ A'TEM #6C NOVEMBER 13, 2006 counsel and other instruments and proceedings satisfactory to each of them, with respect to the Bonds, the Project. this Memorandum of Agreement, the financing agreements, the trust indentures. or any other instrument or act contemplated hereby. shall be obtained from such governmental, as well as nongovernmental. agencies and entities as may have or assert competence or jurisdiction over or interest in matters pertinent thereto, and the same shall be in full force and effect at the time of issuance of the Bonds. (i) The intentions of the Issuer to issue the Bonds pursuant to this Memorandum of Agreement and to iise the proceeds thereof as herein contemplated are subject to the conditions that (a) the issuance of the Bonds by the Issuer shall have been authorized by a bond resolution of the Issuer; and (b) nn nr before two years after the Issuer's execution of this Memorandum of Agreement (or such later date as shall he mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptahle terms for the Bonds and the sale and delivery thereof and mutually acceptahle terms and conditions for the financing agreements and other agreements and documents referred to in sections 2(b) and 3(c) and the proceedings referred to in Sections 2 and 3 hereof and the initial installment of the Bonds shall have heen issued, sold and delivered; provided, however, that the initial installment of the Rnnds may not be issued more than one year after the date on which the entire Project shall have heen first placed in service or acquired (whichever occurs last), or after the expiration. lapse or repeal of any authority for the issuance of the Bonds under Florida law or of the exclusion of interest on the Bonds from gross income for federal income tax purposes under the Code. (i) Tf the events set forth in paragraph (i) of this section do not take place within the time set forth therein nr any extensions thereof and the Bonds are not issued as herein contemplated. the Borrower agrees to pay all costs and expenses incurred pursuant to this Memorandum of Agreement by the Borrower, the fees and expenses of any underwriter, financial consultant or adviser engaged by the Borrower, the costs and expenses of counsel of the Issuer, the fees, costs and expenses of Rnnd Counsel, and any necessary and reasonable out-of- pocket costs and expenses incurred pursuant to this Memorandum of Agreement hy the Issuer, whereupon this Memorandum of Agreement shall terminate. (k) Ro long as this Memorandum of Agreement is in effect, all risk of loss to the Project will he horne by the Borrower. (1) It is expressly agreed that any pecuniary liability or ohligation of the Issuer hereunder shall he limited solely to amounts received by the Issuer from draws under the T etter of Credit and other revenues and other funds derived hy the Issuer from the Borrower with respect to the Project, including loan repayments received under the +inanring agreements, and nothing contained in this Memorandum of Agreement shall ever be construed to constitute a personal or pecuniary liability or charge against any rnemher. officer, commissioner, employee or agent of the Issuer or its governing body. and in the event of a breach of any undertaking on the part of the Issuer contained in this Memorandum of Agreement, no personal or pecilniary liability or charge payahle directly nr indirectly from any funds or property of the Issuer shall arise therefrom. The Borrower herehy releases the Issuer from and agrees that the Issuer shall not be liahle for. and agrees to defend. indemnify and hold the Issuer harmless against any liahilities. ohligations. claims, damages. litigation, costs and expenses (including hut not limited to attorneys' fees and expenses) imposed on, incurred hy or asserted against the Issuer for any AGENDA ITEM # 6 C NO"EMBER 13, 2006 cause whatsoever pertaining to the Project, the Bonds or this Memorandum of Agreement, or any transaction contemplated hereby. The provisions of this paragraph shall survive any termination of this Memorandum of Agreement. (m) If at any time pr;or to the issuance and sale of the Bonds the Issuer shall determine that the hiisinegq, operations or financial condition of the Borrower is not satisfactory or that the Rorrower is not proceeding diligently with the acquisition, construction and installation of the project or the financing thereof as contemplated herehy, the Issuer may, at its option, terminate this Memorandum of Agreement by written notice to the Borrower. The Issuer shall he discharged of its undertakings under this Memorandum of Agreement if the Borrower shall not provide at the closing for the issuance of the Bonds assurances satisfactory to the Issuer that no material adverse change has occurred in the representations of the Borrower or in the business, operations or financial condition of the Borrower. (n) Except as otherwise provided in paragraph (m) of this Section. the provisions of this Memorandum of Agreement shall he superseded by any financing agreement entered into by the Issuer and the Borrower in accordance with Sections 2(h) and 3(c) of this Agreement and shall, upon the execution and delivery of such financing agreements, terminate and be of no effect. (o) This Memorandum of Agreement shall become effective when executed and delivered by the Issuer and the Borrower. AGENDA ITEM 6 C NOVPMBER 13, 2006 1-N WITNESS WT4F.RFnE, the parties hereto have entered into this Memorandum of Agreement as of the 11th rlay of November, 2006. CITY OF ATLANTIC REACT -T, ET nRIDA Ry Title: Signed this 1 `nth rlay of November, ?OM. NAVAL CONTINTITNG CARP RETIREMENT Far INF) ATTAN, IVIG:; a Florida not-for-profit corporation By Title: -7- ORDINANCE NUMBER 90-06-196 AGENDA ITEM # 7A NOVEMBER 13, 2006 AN ORDINANCE OE THE CITY OF ATLANTIC BEACH, COUNTY OF TIITVAL, STATE nE FLORIDA, AMENDING ORDINANCE NITMRER 90-06-195, SAM ORDINANCE. PREVIOTTSI.V AIMING SECTION 24-172, RESIDFNTIAT, DEVELOPMENT STANDARDS TO THE LAND DF.VF.I.OPMENT REGULATIONS, THIS ORDINANCE SPECIFICALLY AMENDIN( SAID RESIDENTIAL. DEVELOPMENT STANDARDS TO DELETE PARAGRAPH (c) (1)i, EROM SECTION 24-172, JROVtfING FOR RECORDATION AND PROVTI1TNG AN FEEECTTVF. HATE NOW THEREFORE, BE IT ENACTED BY THE CITY cnATivTTScrnN nN RENAT.E nE THE PEOPLE OE THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, 7.nning, Subdivision and Land Development Regulations Article ITT, Toning Regulations, Division 7, Supplementary Regulations, Section 24-172, Residential Development Standards, paragraph (c) (1) Elnnr Area Ratio, nfthe Cnde of Ordinances for the City of Atlantic Beach, Florida is hereby amended and upon enactment shall read as follows. (c) Additional Residential Development Standards. The following standards and requirements shall apply tn that area defined in preceding paragraph (b), and as further and more specifically descrihed fnr each particular standard nr requirement. (1) F700z Arca Ratio (FAR). Elnnr Area Patin limits are established to prevent incompatible mass and scale where new Development might ntherwise excessively dominate the existing streetscape and existing adjacent residences. EAR shall he defined as the ratin of tntal counted above -grade floor areas of certain Buildings on a Lot or Parcel rnmpared tn the total Tot Area. FAR = Total counted Floor Area - Total Lot Area The following EAR provisions shall apply tn new Single-family and Two-family Dwellings and additions which expand interior Flonr ATea by mnre than twenty-five percent (25%). i V Perms maximumFl r Ar a R ti f r i. A maximum Floor Area Ratio limit of .60 shall apply. ii. EAR calculations shall be included on all Single-family Dwelling and Twn-family Dwelling Constructinn Plans submitted to the City for review and permitting. iii. The following elements of a Single-family or Two-family Dwelling shall he cnunted in the EAR calc„latinn. Pages 1 cif ") ordinance Niimher 90-06-196 Effective Date: • Interior heated and cooled areas. AGPNDA ITEM A 7A NOVEMBER 13, 2006 • Porches. balconies, patios and hreezeways with a solid cover or roof when enclosed by solid walls on more than two sides. • That portion of an attached garage exceeding 500 square feet of Floor Area. iv. The following elements of a Single-family or Two-family DWelling chaff he excluded from the EAR calculation. • Porches. balconies. patios. hreezeways, and decks (as well as overhangs, eaves, cantilevers, awnings and similar features) with a solid cover or roof, but not enclosed by solid walls on more than two sides. Such porches, balconies, patios, hreezeways, and decks shall remain open on at least two sides and shall not later he enclosed in any manner. Detached Private (arages that are incidental to the Principal Use on a Lot. Detached Private Garages shall remain suhiect to established size, height and placement regulations. • Carports that are open on two or more sides. SECTICIN 2_ This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a hook kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 195.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Reach this day of , 2006. Passed upon final reading and public hearing this day of , 2006. Approved as to form and correctness: ALAN C. TFNSEN, ESQUIRE City Attorney ATTFST DONNA RT TSSFY City Clerk TIONAT.TI M. WOT.FSON Mayor/presiding Officer page 7 of 2 Ordinance Number 90-06-196 Fffective Date: AGENDA ITFM: CITY OF ATLANTIC BF. A CH CITY COM1'HSSION MEETING STAFF RF,PORT AGE_N?nA ITEM # 7R NOVEMBER 12, 2006 ORDINANCE NO.70-t6-R7 AMFNT)ING THE OPERATING RITD)GFT FOR THE CITY OF ATT •ANTIC REACH, FI.()RU)A FOR FISCAL YEAR BEGINNINr CiCTfRFR 13 7.011 AND FNT)TN(i' SEPTEMBER 30, 2007. SITRMITTFT) RY: Nelson Van T dere Finance Director DATE: Octnher 27, 7006 BACKGROUND: Two items represented by the attached budget ordinance are both related to fiscal year 2006 appropriations. RTTT)GFT: 1.) An additional 515,000 for the West Plaza Rike Path is being added to the budget because those funds were not encumbered for that project before September 10, 7006 as expected. When funds are not encumbered to a specific vendor in a specific amount, the related funds lapse at year end and mist be re -budgeted for the new year. This is the recommendation of the Pill -die Warks nirectnr as approved by the City Commission on October 71. 2006. 2.) The %45,000 for public art was not spent, nr enc„mhered by September 30, 2006 and it was not re -budgeted ac intended in the 7007 hnrlapt. This ordinance will add this item to the budget as the rites Commission requested in the budget workshops. The total impact on the City's budget for this amendment is a $60,000 reduction to fund balance. This reduction was considered in the budget process for fiscal year 2007 by showing the reductions in flcra1 year 7006. This represents a re -budget of those unspent fiindc, RFC1)MMFNf AIMN: Approve Ordinance No. 20-0'_R7 All A C HMF.T [S: Ordinance No. 70-06-82 RFVIFWFi) BY CITY MANAGER: AGENDA ITEM # 71-1 NOVErFDER 13, 2006 ORDINANCE NO. 20-06-82 AN ORDINANCE AMFNmTN( THF• OPERATING BUDGET FOR THF CITY OF ATLANTIC BEACH, ET.(9RTDA FOR FISCAL YEAR REG1T N1NG OCTOBER 1, 2006 AND ENDING SEPTI+ MRER 30, 2007. WHEREAS, the City Charter of the city of Atlantic Beach requires that the City Commission approve all budgetary increageg and transfers at the fund level. and WITF.RF.AS. the nature of budgetary systems and those day to day decisions affecting such hudgetary systems require adjustments from time to time, and WITE,REAS, funds for two items in the fiscal year 7006 budget were not spent or encumbered by September 30, 2006. This ordinance will re -budget those items so that they may be spent as originally intended in fiscal Year "007. NnW, TTTFPF.EnRF, RE IT ENACTED BY THE CITY COMMISSION ON RFTTAT,E OF THE PEOPLE OF THE CITY OF ATI ,ANTIC REACH, FLORIDA, that; 1. The Fiscal Year 2006/2007 Final Midget he amended as follows: Half Cent Sales Tax Fund Expenses: Public Works - Capital Trnproavenatitnts West Plaza Bike Path $15,000 Change in E»nd Balance --$15,000 Convention Development Tax Fund Expenses: General Government - Capital Improvements Beautification / Public Art $45,nnn Change in Eund Balance <$45,f0f� 2= This ordinance shall take effect immediately upon its adnntinn. Passed by the City Commission on first reading this day of November. 2006. Passed by the city Cnmmissinn on second and final reading this day ofNovemher, 7nn6 Donald M. Wolfson Mayor / Presiding Officer Approved ac to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna Bussey City Clerk AGENDA ITEM # 8A NOVEMBER 11, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request for a Use -by -Exception from C.W. Specialties for a welding shop with mohile welding services in the TLW Zoning District, to be lnente i within an existing multi -tenant facility (Atlantic Reach Co*nmPxce and Storage center) occupied hy nther light incducmal and warehouse uses and located at it] -)1 — 97 Levy Road. STTRMTTTET) RV: Sonya Doerr, ATCP Cnmmunity Development Director DATE: October 18.2nn6 BACKGROUND: This request seeks approval of a Use -by -Exception (File Number UBE- 2006-05) for a welling shop that provides mobile (off-site) welding services. All business related equipment including the single work vehicle will he stored within the enclosed space. The Atlantic Reach Commerce and storage Center is a Baht industrial facility and is nrctupiecd by other similar uses. The Community De"elopment Roam considered this request at the October 17th meeting and unanimously recommended approval. BUDGET: No budget issues. RECOMMENDATION: Approval of T TBE 2006-05 for a welding shop with mobile welding services in the TT.W Zoning District, to be located within an existing multi -tenant facility (Atlantic Reach ('ommexee and Storage Center) occupied hy other light industrial and warehouse uses and located at #171 — 97 levy Road. ATTACHMENTS: Draft Community Developmegt Board Minutes. RF.VWF.WF.il RV CITV MANACFR : Ntw ether 1'1, 7n11F regular meeting Draft Minaitac of nrtabar 17, 2006, CammuniL Development Board Meeting AGENTS A ITEM # 8A NOVEMBER 13, 2006 MINUTE'S OF THE REGULAR MEETING OF THE COMMUNITY DEV1 LOPMENT BOARD October 17, 2006 A regular meeting of the Community Development Board was held on Tuesday, October 17. 2006, in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, David Boyer, T.ynn T)rysdale, Chris Lambertson, Dave machines. Community Development Director Sonya Doerr, and Recording Secretary Bambi Dickinson. Craig Burkhart and Carolyn Woods were ab'ent. 1_ Call to Order and Pledge of A11PgianeP. Chairman Jacobson called the meeting to order at 7:04pm. 2. Approval of Minutes. A motion was made by Mr. Lambertson to approve the minutes from the regular meeting of Septemher 19, 2006. Ms. T)rysdale seconded, and the motion passed unanimously. 3. Recognition of Visitnrc. No persons spoke at this time. 4. Old Business_ a. ZVAR-2006-07, Jack P. Robbins and Christopher M. Opladen. Request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single-family residence located at 141c 1-inkeide Drive within the Selva 1.inkcide P111). Christopher npladen advised the Board that they had made some changes to the design for the addition and that a Variance would not he required at this time. He requested that no action he taken on his application. h. 1TRR-2006-05, Chris Wilson, d/b/a CW Specialties_ Request for a 1Tse-hy-Exception for a welding shun with mobile welding services in the Light Industrial and Warehousing zoning Dietriet within an existing multi -tenant facility (Atlantic Reach Commerce and Storage) occupied by other light industrial and warehouse uses and located at 121 Levy Road_ Chris Wilson introduced himself and summarized his request for a T Tse -by -Exception. Chairman Jacobson inquired if any storage or welding Will he done outside at the 121 Levy Road location. Mr. Wilson stated that his business provided mobile welding and that no work or storage would he done outside at the 171 T.evy Road location and that his equipment is located on a flat hed truck that is kept inside and locked up when not in use. A motion was made by Mr. I •amhertsnn and seconded by Mr. Boyer to recommend approval of this 1Tse-hy-Exception for a welding shop with mobile services in the Light Industrial and Warehousing Zoning District located within the existing Atlantic Beach Commerce and storage facility located at 121 Levy Road. The motion passed unanimously. 1 Af FNT)A TTFM• SUBMITTED) RV: DATE: AGFNDA ITEM # 8B NOVEMBER 13. 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Request from the Comfort Inn located 2t 2401 Mayport Road to allow for full sign face replarem nt on a nonconforming pylon sign. Sonya Doerr, AICP xj.zD Community Development Director October 30, 2(1(16 T;ACKGROUND: Section 17-51 (1) iv. of the Sign regulations requires that non- conforming signs he brought into compliance with the current regulations when the alteration to a sign involves: Any change. which alters the material usedfor tho Display Area or Face Area hy mot., than twenty-five (25) percent. The Comfort Tnn, located at 7401 Mayport Road, has requested a waiver to the ahove provision to allow for face replacement after the existing sign face was damaged hy hurricane winds two years ago. The owner of the Comfort Tnn applied for a sign permit last summer to replace the sign faces. and was advised of this provision at that time. The owner was also aware that a corporate logo change was pending, and delayed any further immediate action related to the sign. The owner has informed staff that Choice Hotels, the corporate management for Comfort Tnns, now requires that the damaged sign be repaired and replaced with the new corporate logo for the hotel chain, or risk revocation of the franchise. The only proposed changes to the existing Comfort Tnn sign are replacement of the two acrylic faces (see attached), an upgrade to the lighting assembly which surrounds the internally illuminated sign, and repainting of the existing pole. Four waivers to the face replacement provision have been requested since the sign regulations were re-writ—ten in 2002. Requests from two fuel/convenience markets (the RP station located at 1211 Mayport Road and the Valero at 14E0 Mayport Road) requested full face replacement when those businesses changed ownership. Those requests were denied, and the two new signs were constructed to conform to the sign regulations. A third waiver was approved for PanAm Mini -Storage at 71E3 Mayport Road to permit face replacement after that sign face was damaged hy a gunshot, with notice to the business owner that 211 signs are required to comply with current sign regulations by September 09. 7017. BUDGET: No budget issues. RFC)MMFNI)ATTON: Consider request for a Waiver from the Sign regulations to allow full replafement of the material used for the sign Face Area on an existing Nonconforming sign for the Comfort Tnn located at 7401 Mayport Road. ATTACHMENTS. Application and photographs. REVIEWED RV CITY MANAGER: November 13, 2nmm meetinZ AGENDA ITEM i# 613 NOVEMBER C3. 2006 APPLICATION FOR WAIVER FROM CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 • http:f/www.coab.us Applications requesting that certain provisions of the sign regulations be waived may be made to the City Commission in accordance with the following section of the Code of Ordinances for the City of Atlantic Beach. Sec. 17-52. Requests to waive certain terms of this Chapter, Requests to waive terms of this Chapter may be made upon specific application to the City Commission, with proper public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign, or any otherwise unlawful Sign. The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the Intent of this Chapter. The terrns of any waiver to the provisions of this Chapter shall be established by order of the City Commission, PROPERTY LOCATION V ¢C/ .. r r. r DATE CJ C7 2 aeR 16,E 2.606' APPLICANT _ COMFORT /ANN tiAYf ler 3 ZONING DISTRICT t91 TYPE OF SIGN AND METHOD OF CONSTRUCTION (Provide requested height, dimensions, size, materials, illumination, and any other information needed to fully describe the type of sign(s) proposed. rat s ► :. 1ST' 'CAU S W .. . .. s LSO AWL e/ 8INa`t` x-rET1(D + . r h . 5 w11 NOT 806,4) ACRYLIC s/ga1 PACE .51 m wits ToRk; DigoAc€b OY lit4Rrc,I0.J,a Applicant is advised that any approval authorizing a waiver from the City el Atlantic Beach sign regulations does not constitute approval for the issuance of a Building Permit. A Building Permit for Sign(s), demonstrating compliance with Section 3108, Florida Building Code, along with required fees is required. PLEASE PROVIDE ONE SIGNED ORIGINAL OF THIS APPLICATION ALONG WITH THE FOLLOWING REQUIRED INFORMATION. IF COLOR MATERIALS OR DRAWINGS LARGER THAN 11 BY 17 INCHES ARE SUBMITTED WITH THIS REOUEST, PLEASE SUBMIT EIGHT (8) COPIES OF THESE ATTACHMENTS. 1. For all Freestanding Signs, include survey or site plan showing location of proposed sign(s), and all dimensions including height and distance from property lines or right-of-ways. For Wall, Fascia and other types of Signs, include elevation drawing showing location in relation to adjacent signs, mounting detail and type of illumination, if any. 2. Provide linear frontage of office, business or storefront, or entire building, as appropriate. 3. Statement demonstrating the need for the requested waiver, and that the waiver is not in conflict with the Intent of the City's sign regulations. 4. Provide completed owner's authorization form if applicant is other than property owner. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. SIGNATURE PRINT NAME k) t • 5/- EM ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TI1IS APPLICATION (PLEASE PRINT) NAME MAILING ADDRESS PHONE 60) 242 -- 670 4 i,4] . SNE r FAX 0949 24 , — [] 71:19 N IC cAt Ft. 22 33 E-MAIL 519EA b V 8L& 5 'T/1 NE http://maps2.coj.net/WEBSITE/DuvalMansPa/MapFratne.htm tann A SP1TI tV AGENDA ITEM # 8C NOVEMBER 13, NOG CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Waste Services Request for Yard Waste Pickup Change SUBMITTED BY: Rick Carper, P.E., Public Works Director 17 DATE: October 31, 2006 BACKGROUND: Waste Services of Florida (WSF), the City's franchise agent for garbage, yard waste and recyclable collection, has requested a change in the scheduled yard waste collection day from Monday to Wednesday effective January 1st, 2007. If approved, they are proposing a yard waste rate reduction of $0.30 per household per month. That would provide a total reduction of $7465.50 over the remaining term of the WSF contract. WSF would be responsible for all resident notification of the proposed change. In January, when Clay County changes haulers to Advanced Disposal Systems to implement county wide mandatory collection, Atlantic Beach will be WSF's only municipal client in North Florida. At that time, under the current schedule in Atlantic Beach, WSF would have nine collection routes on Monday, four routes Tuesday, Thursday and Friday and no routes on Wednesday. In meetings between Staff and WSF management, WSF has stated the current schedule would require the use of substantial temporary labor to man Monday routes. This proposed change would `level -load' their work effort at five routes on Wednesday and four routes every other weekday. In November 2005, the City and WSF agreed to a one-year extension of the original contract. A major factor in Staffs recommendation for extending the contract was the excellent level of service being provided at the time by WSF. In late spring / early summer 2006, WSF experienced severe staffing issues as a competitor stood up operations in Neptune Beach and hired numerous experienced operators from WSF. The use of temporary labor to complete required routes led to a significant decline in operational performance, resulting in substantially increased complaints and assessed liquidated damages (April to June monthly average of $2250). In July, WSF reported they had regained full permanent staffing and following training of all new hires, expected to restore the performance standards previously maintained. Over the last three months, performance has continuously improved, with average liquidated damages of $833. When the City contracted with Browning Ferris Industries (BFI) (WSF's predecessor), the option of Wednesday yard waste pickup at a slightly cheaper rate was proposed as an alternative by one of the unsuccessful bidders (Southland - $1.71 per household per month vs. $1.85 for BFI). However, BFI's total monthly residential rate was $0.22 per household per month less than Southlands, The overall BFI bid was higher than Southland because of higher Cornmercial rates. Review of Commission meeting minutes indicated there was concern that the Wednesday alternative was not acceptable because it was not covered in the City Bid Specifications and Southland was the only company to bid that alternative. The commission approved BFI's bid, which included Monday yard waste pickup, as the lowest submittal meeting the Bid Specifications. November 13, 2006 Regular Meeting BUDGET: AGENDA ITEM # 8C NOVEMBER 13,'006 Garbage. yard waste and recyclahle cnllection is funders from acchunt 420-4201-534-3401 (Pick-up and Haul Co❑tract). Approval of this request will reduce arm -mint expenditures by $7485.50, RECOMMENDATION: Staff recommends approving the WSF request to change the yard waste pickup riay from Monday to Wednesday throughout the City. The Contractor's ability to staff City rni rtes with full time, evoerienrJri ernDinyees will provide a suhstantially higher level of service to Atlantic Beach residents. AlIor.HNIFNIS: 1. Waste SArvicAs of Elnrida 1 Atter dated C)Ctnher JR, 200A 2. Excerpt from neremher j R, 9Onn Sperial rn_mmiscinn MA_A_ting Minutes REVIFINFn RV r_iiv MANA(ER; pl_vamhar 1-4, 9nm Pegilar mAA�i�9 AGENDA ITEM # 8C W V'A 1TE EEFVIIES City of Atlantic Beach October 18, 2006 City of Atlantic Beach Mr. Jim Hanson City Manager 800 Seminole Road Atlantic Beach, Florida 32233 Dear Jim: NOVEMBER 13, 2L O6 It was my pleasure meeting with you and Rick today. Following our discussion this morning, I would like to propose the following service changes for your consideration and recommendation to the City Council. Effective January 1, 2007, we would like to move all Monday yard -trash routes to Wednesdays. This route balancing will reduce or eliminate the use of temp labor. With approval of this change we would like to offer each household a rate reduction of .30 cents. Also at no cost to the City, WSI will be responsible for informing all residents of the changes via flyers and a newspaper ad of all changes. We look forward to your favorable decision regarding this offer which will help improve our service and consequently allow the city some savings for the remaining 5 months of our contract period. I can be reached at 904-509-1784 should you have any questions. Sincerely, w+ Steve Wright General Manager Cc: Rick Carper 7580 Philips Hwy., Jacksonville, FL 2256 Tel: (904) 731-3440 Fax: (904) 731-8952 MINUTr•c nfi TAM cpWTAT CALLED MFv.TING OE THE ATLANTIC BEACH CITY COMMTSSTON uFr_n IN CrTV uer .r. Rn0 SEMINnLE ROAD AT 4:00 P.M. nIsT MONIrAv, PFCEMBER 1R, '/n00 PRESENT: Iohn MesPrve, Mayor Richard Reaver, Mayor Pro Tem Mitre Bnrno The Mitchelson Dezmond Waters, rnmmissinners AND: James Hanson, City Manager At an r, Iencen, City attorney ABSENT: Maureen King. City Clerk The meeting was called to order by Mayor Meserve at 5:00 p.m. In place of the Invocation, Mayor Meserve called for a moment of silent prayer fnr Utility Director Valu int 'c father who is facing major eurg r . The silent prayer was followed by the Pledge of Allegiance to.the Flag. 1. Award Contract for Solid Waste Collection Pursuant to the Specifications of Bid No. 0001-02 Mayor Meserve stated that he would like to rere_ive plhlie comments before awarding the hid. Madeline Gray of 1829 Selves Grande Drive, owner of Seafood K4r1en. requested an explanation of the rate formula used for commercial garbage pick up. She stated that her garbage bill was very high and she would appreciate a red,Ieti_n. City Manager 13ancon Mated he would he happy to assist her, and requested that Mrs. Gray contact him the following morning. Kay Eriedemann of 1898 Selva Marina Drive favored one day per week yard trash pick up if pick ("o_Ilt i be guaranteed. Mrc, Friedemann' Staters that the c,lrrPnt ha771er rarely picked up any yard trash on the second day, and if her yard trash was put out and missed, she had to carry it back into her yard due to the lack of parking spaces nn her block of Selves Marina Drive . Mary Williams of Southland Waste distributed copies of the results of a residential survey she' rondnrted which favored her company's proposed Wednesday yard trash pick up if it saved the city money. Ms. Willime_ indicated that their low alternate hid was based on Wednesday pick up, and would save the city 518,827 over the next lowest bid. I AGENDA ITEM # 8C NOVEMBER 13. 2006 v n v n T T F. s F. s M S 0 F T C 1 O_ V n N E N u n S O rommTSsioNcRt2c Minutes Page -2- nerembPr 18.2nnO Mayor Meserve indicated that issues concerning awarding the nontrart Which came up at the December 11, 9000 were being addressed. Cites Manager Hanson indicated that the following three areas needed to be addrPcserl: (1) a choice of level of service, (2) savings realized if service was reduced to once a week pick up, and (1) the options associated with the once a week service. City Manager Hanson indicated that if the Commission decided on once a week cervine, it must determine whether the collection would he on Monday or Wednesday. He further stated that the essential difference between the RFI and Cnuthland Waste hid was the collection day, and indicated that if Monday was more important, then a decision must be made to determine if it was worth the additional $14,nM per year, and if it was worth it, then the low hid would he V44,041.46 from BEi. However, if it was not worth the additional expenditure, then the Southland Wacte hid Qh=TTM he considered. which was for Wednesday collection. T -Te Thrther stated that the legality of the Wednesday collection day also needed to he. ori iTPQQPri, since the gnettion arpCe as to whether Southland Waste could offer an alternate hid which was discussed during the pre-bid conference. but was not specified in the bid sper•ifirations or inch+ded in the written hid addendum distrihuted after the bre-hid conference. Commissioner Mitchelson felt the cites should look at the low bid based on the bidsnifications and choose Monday pick up. Commissioner Beaver requested an opinion from City Attorney Jensen on Southland Waste's alternate. hid for Wednesday pick up. City Attorney Jensen stated that Wednesday pick up was not included in the original bid sperifi^ntions or the addendum distributed afterthe mandatory pre -hid meeting. He further stated that Southland Waste was the only company to bid the Wednesday pick up. Commissioner Beaver Mated that he had i-onducted his own informal survey and everyone he had spoken with favored Monday pick up. HP felt the city should stay with Monday pick ,p. ComrniQsioner Bomo also favored Monday and stated that several citizens who contacted him either favored Monday or had no preference. Motion; Award the contract to BET based on a once a week pick up on MATndav (AhernatP 1). AmenrlmiAnt fp the mLifion: Add Kin the ammnnnt pf R749,n41..5611. AGENDA ITEM # 8C NOVEMBER 1 3. 2006 CnMn,TTSC1nJPPS M O T 1 O N S E C O N D Y E S Izol RF.AVP..R X x BORNO X MTTCT1PT.CnN X X WATERS X MRSRRVW X RFAjE P X X BORNO X MTTCHRT.SnN X X WATERS X M1:.SFTINTR X Minutes Page -1- December 1R, 2000 Mayor Meserve felt the city had only two choices, to either rebid the service or accept the low bid for Monday pick up (Alternate 1). There being no further diecuesion. the amendment to the motion and the main motion carried unanimously. 2. nis^""seio*" and poscihle Action Regarding the Sewer Master Plan City Manager 1-Tanson indicated that the concerns expressexl during the Decemher 11, 2000 Commission Meeting would he addressed, as well as thoeP presentPri in wr;tina hy Commissioner Mitchelson. T -ie then introduced Doug Layton, Vice President of Smith and Gillespie Engineers. Inc.. anti graft T prpiPet Mana¢er, who were instrumental in preparing the Sewer Master Plan. Publin Worlts firPctor TCosoy prnvided hacltground information and responded to several concerns_ raised at the previous meeting as follows: Inf i ltrati nn Public Works Director Kosoy stated that the tests for infiltration performPd in 993 were roTTlpleterl in two days, whereas, those completed hy Smith and Gillespie Engineers covered a period of one year beginning in April 199(1. He noted an 1R% inerPace in infiltration during the seven years hetween tests (1991 to 2000,)hut this was not considered an unusual amount and was expected over the seven year time span. p„blit Wnrttc Tlirector iCogoy reported that twelve streets were surveyed for evidence of heat pumps during this year's Insituform project. and only one wac found and heat pumps were not found to he major cause of infiltration problems for the sewer system. Piping of Sewage from North Atlantic Beach Back to the Buccaneer Wastewater Treatment Plant Public Works Director Kncoy reported that the piping began in 1093, with the endorsement of the Water and Sewer Committee, because there was no capacity at the Bu-raneer plant. At tjrt time, ;t vuac rP. ommendetl that a lift station he built at Sea Gardens to divert the flow back to the Atlantic Beach plant. Tt wac pointed pit that only 7.8% of the flow to Lift Station B came from the Sea Gardens and nceanwa1lt 1;ft ctatinns, AGENDA ITEM # 8C NOVEMBER 13, 2006 C'C1MMTSS1hNERS M 0 T_ I 0 1 C/24 CI C 2 ° I Y F g V n AGENDA ITEM 4 8D NOVEMBER 13, 21506 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Distribution of proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development, as recommended for adoption by the Community Development Board. SUBMITTED BY: Sonya Doerr, ATCP 1d Community Development Director DATE: October 24, 2006 BACKGROUND: The City Commission, on July 24th, directed staff to prepare revisions to the Commercial General (CG) Zoning District regulations after concerns were expressed related to "Big Box" retailers and the appropriateness of such high -impact commercial uses within the City of Atlantic Beach where commercial development tends to be of a smaller scale and typically neighborhood - serving. Staff researched what other communities across the country have done to address this issue, and Found that size limits are commonly used to regulate large retail establishments to sizes that are compatible with the scale of the existing or traditional built environment. The attached revisions to Section 24-112 were considered by the Community Development Board at their October 17th meeting. Section 24-112 has not been updated in a number of years, so other minor and general revisions to address or clarify various issues are also included.. The CD Board recommended approval of the attached draft, which also incorporates several revisions as proposed by the CD Board, The first draft proposed a limit of 45,000 square feet for a single business, and excluded grocery stores from this limitation. After in-depth discussion, the CJ) Board felt that the exception for grocery stores should be removed, noting that the regulations should not distinguish between types of retail businesses. In other words, if the intent is to address inappropriate size and scale, any retail establishment that is too large would be unacceptable, regardless of what products were sold. The CD Board however did not want to set a limit that was too small, which might result in the City being a less competitive commercial market place or that might discourage redevelopment of older commercial areas. The Board asked staff to research the size of several area Publix stores, and adjust the 45,000 to a number that would not be less than a typical large grocery store. Publix currently has four prototype stores, with the largest being 61,000 square feet, although the corporate real estate manager stated that very few stores are built at that size. The more commonly built new store in this area is a 55,000 square feet store, including the Queens I-Iarbor/I-Iarbor Village and south Jacksonville Beach locations. The Atlantic Beach Publix, which is an old store, is 38,000 square feet in size. The proposed draft has been revised to include a 60,000 square feet limit for any single retail business. BUDGET: No budget issues. RECOMMENDATION: Direction to Staff to prepare ordinance, notice and schedule proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations for first and second reading and public hearings (two required). ATTACHMENTS: Draft Minutes of the October 17thi. meeting of the Community Development Board, proposed revisions and related background information. REVIEWED BY CITY MANAGER: November 13, 2006 regular meeting Draft Minutes of October 17, 2006, (an,,n,i»ity nouol„ p,no,zt Board Meeting 6. Tither nusineeQ. AGENDA ITEM # 8D NOVEMBER 13. 2006 Recommend tion to City Commission related to revisions to Section 24-112 of the Land Development Regulations, the Commercial (en 'cal (CG) Zo nMg District regulations, including general revisions and also provisions to address large scale retail development. Ms. Doerr provided an introduction and summary of the proposed revisions, noting that the request to provide draft provisions to address large retail uses had come from the City Commission and that the CLImtnunity Development Board is required to consider and make a recommendation Yelated to the draft. Ms. Doerr described the nature of the City's existing commercial General Districts, which in most areas, are narrow corridors that back up to 1Psidential uses. Board memhers inquired as to how many vacant properties in Atlantic Beach are large enough that they could He affected by these regulations. Ms. Doerr responded that there are very few large vacant parcels in the CG districts, hut that there are several gilder large properties along Atlantic' Boulevard and Mayport Road, which will likely be targeted for redevelopment in the future, and now is the time to address this matter, before there is a pressing issue. The Board noted that the Puhlix shopping center is one such location, and discussion ensued about possible locations in Atlantic Beach where this provision might apply. Mr. MacTnnes expresses his concern that we are unable to predict shopping trends and how we might shop twenty years from now. Ms. Doerr responded that these are just 'oning regulations that can he amended in the future if needed to address changing cirrinrnstances, noting that this is exactly what the Commission is trying to accomplish now. They would like to be proactive and update the current regulations. Chairman TacLlbsQn questioned why grocery stores were excluded and stated he does not see how we can discriminate between a grocery store and LItl,er types of stores, noting that if a store is tQL1 big to fit the character of the community, its too big no matter what the store sells. He commented that Puhlix se11s many items that grocery stores did not have forty years ago, and not so long ago the idea of Ruper Wal-Mart was not even conceivable. Mr. Boyer asked for clarification regarding the possibility of circumventing the regulations by having separate business in LIne building. Ms. Doerr noted the sertiQn that addresses this but suggested that the could add additional language to clarify this if the Board felt it was not clear. Ms. Drysdale states that she helieves it is appropriate to regulate the size of a retail establishment, but not what merchandise they can carry. Mr. 1 amhertson stated that it seems hypocritical to allow large gro'eYy stores of any size, hut not other types LIf retail establishlnents, agreeing with Mr. TacQbsQn and other Board melnher comments that if a store is too hig to fit into the community, it does not matter what type LIf store it is or what products they carry. chairman Jacobson noted that Atlantic Reach is a geographically compact area that is essentially an island. He might not otherwise be in favor of this sort of new regulation except for the geographic characteristics of Atlantic Beach. Mr. Royer and Chairman TarQbson suggested that this regulation might fiirther help preserve the small town character of the City. Ms. Doerr noted that this goal was discussed during the Comprehensive Plan amendment process three years ago, and that is why there are several polices in the Plan that directly relate to this. Mr. RLlyer noted it is wiser to pass regulations before an issue arises than after the fart. Chairman .Tacohson suggested that it is difficult to define a grocery store. Ms. noerr advised that if it is the consensus LIf the Board not to distinguish between grocery stores and other retail establisln„ents, this exception could be removed from the definition. Discussion ensued about the typical size of grocery stores. Mr. MacTmles noted that the new Neptune Reach ordinance provided for 60,000 square feet. and he does not recommend being more restrictive than our neighbors to the south hecause it might not allow Atlantic Reach to be as competitive for businesses. It was noted nb•"ft A47,2,40-2 of October 17. 2006, CnnsmvnitV 17oue1GOP a72t Ro"i 1 Meeting AGENDA ITEM # 8D NOVEMBER 13, 2006 that while we should not feel eoinpelled to follow the lead of Neptune RParh. from the customer's perspective, this is the same commercial shopping area. ThP Board requested that Ms. Hoerr find out what are the sizes of several Puhlix locations in the area, and if necessary, adjust the 4.5,n00 square feet number upward by incrPmPnts of 5000 square feet to fit those stnras General discussion and review of other' proposed changes to the CG regulations followed with the Board agreeing that Heavy A»tomotive Repair should he removed as a possible Use-by- Fxception, noting that this use would still be permitted in the City in the light ind„strial district. A motion was made by Mr. Lambertso,, to recommeu d to the City Commission approval of the proposed revisions to Section 1.A-112 of the Land Development ''egulations, the Commercial General (Can') zoning District regulations, including general revisions 9nd also provisions to address lege scale retail, incorporating the following u-evisici ns iii to the draft to he forwarded to the City Commission. 1. Language to be added to clarify that multiple businesses within a single building interior are subiect to the size limit. 2. Section 24-112 (c) VTses-hy-Fxreption (12) Heavy Auto otive Repair... to he delefed. Section (d) it imitations on Certain Vises — Remove the 19,st- sentence "This definition, however, shall not be construed fa include grocery stores or supermarkets where the primary products sold are food and other items found in typical grocery store and food markets" should be removed. 4. The square footage used to lirniit building size will he further researched by lis. Doerr by comparing the size of the Puhlix locations in Atlantic Red -h, Harbor Village at O7�ePris Harbor and South Reach plaza in -Jacksonville . each to determine if the 45,000 square foot limit is consistent with these stores. if these stores are larger, the proposed square fruitage limit shall he rounded up to the next 5,000 square feet hut not less than X15,000 square feet. Following the motio re mrs. Doerr requested that the motiohe amended to include a finding of consistency with the Comprehensive plan. 11'. Lambertso r. so amended the matron to include the supporting Comprehensive Plapolicies and oh>iectives cited in the draft. Mr. Maclfnnes seconded, and the o ation passed unanimously. 4 AGENDA mow # 8D NOVEMBER 13, 200j Sec. 24-111. Commercial General Districts. (CG) 10119/2006 (a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended &e for Uses which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. and -communities. New Development and new Uses within these Districts should have direct access to Arterial or Collector Streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. well :fuitcd for (b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential for negative impact to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely effect existing commercial uses or any nearby residential uses. Permitted Uses shall also not include Adult Entertainment Establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement centers, bingo. billiard or pool halls, game arcades, gaming, video poker establishments or individual machines, including any type of token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. The Uses permitted in the CG Zoning Districts shall include the following subject to the limitations as set forth within following paragraph (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed Building properly licensed for such Use. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florist including silks, cameras, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber. and Building materials, auto, boat and marine related parts, and similar retail Uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, job printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service Uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child Care Centers in accordance with Section 24-152. (5) Business and Professional Offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent Building Iicensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. AGENDA ITEM # 8b NOVEMBER 13, 2006 (7) Retail sale of beer and wine only for off prern.ise consumption. (8) On -premise consumption of beer and wine only in conjunction with a full service Restaurant, which is a food service Use where unpackaged ready -to -consume food is prepared on-site and served to the to the customer while seated at tables or counters located within or in a seating area immediately adjacent to the building. (9) Automobile Service Station with Minor Automotive Repair and with accessory car wash. (10) Theaters, but not a multi -screen (exceeding two screens) or regional Cineplex. (11) institutional and Government Uses, Buildings and facilities. (12) Churches in accordance with Section 24-153. (13) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and located within the same Building as the Principal Use. Such Dwelling Unit is intended to be occupied by the Owner or an employee of the Principal Use. (14)Those Uses listed as Permitted Uses and Uses -by -Exception in the Commercial Limited and Conunercial, Professional and Office Zoning Districts. (15)Residential Use, consistent with the Comprehensive Plan, which permits Residential uses not exceeding the Medium Density category when in, conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Policy 4.1.11.1(b) Single-family residential Uses within the CO Zoning Districts existing as of the initial effective date of these Land Development Regulations shall be considered as Vested Development. (c) Uses -by -Exception. Within the CG Zoning Districts, the following Uses may be approved as a Use -by -Exception where such proposed Uses are found to be consistent with the Uses permitted in the CG Zoning Districts with respect to intensity of Use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. (1) Pet kennel and facilities for the boarding of animals. (2) Veterinary clinic. (3) On -premise consumption of alcoholic beverages in accordance with Chapter 3 of this Municipal Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business. (This shall not be construed to prohibit restaurants with carry -out service, which are a Perrnitted Use.) (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. 2 AGENDA ITEM # BD NOVEMBER 13, 2006 (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as defined Within Section 24-17. (9) Cabinet shops, woodworking shops and surfboard production. (10) Hospital, nursing home, assisted care and similar institutional facilities. (11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing establislunents, but not temporary car, truck, boat or motorcycle shows or displays. (12) Heavy Automotive Repair, not including semi tractor trail—rcp{tir. (12) Businesses offering Live Entertainment, not including adult entertainrnent establishments as defined by Chapter 847.001 (2), Florida Statutes. (d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not include Large -Scale Retail Establislunents, which for the purposes of this Chapter shall be defined by their size and as follows. Large -Scale Retail Establishments shall include those businesses, whether in a stand-alone Building or in a multi -tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards and any areas under roof. Large -Scale Retail Establishments are commonly referred to as "big—box" retailers, discount department stores, super -centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house -wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of Shopping Centers as these are defined within Section 24-17, but shall apply to any Building where businesses with separate Occupational Licenses may share the same interior space of a Building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the City's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the City and further, to implement related Goals, Objectives, and Policies of the 2015 Comprehensive Plan, resorted in part as follows. (1) Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. (Policy A.1.5. 7) (2) The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. (Objective x1.1.11 -Appropriate Land Use Patterns) 3 AGENDA ITEM # S!7 NOVEMBER 13, 2046 (3) The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach.(Obje_iiv A. 1. 3-! fai,itaining Residential Character) (e) Minimum Lot Size, The minimum size for Lots within the Commercial General Zoning Districts shall be as follows. (1) Lot or site area: 5000 square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (0 Minimum Yard Requirements. The minimum Yard requirements within the Commercial General Zoning Districts shall be as follows: (1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10) feet where required Off -Street Parking is located at the rear or side of the Building site, and the primary business entrance is designed to face the Street. (2) Rear Yard: Twenty (20) feet. (3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. (f) Building Restrictions. The building restrictions in the Commercial General Zoning Districts shall be as follows: (1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not apply to infill Development or redevelopment of previously developed sites; however, required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Det'eloprnent and to redevelopment projects involving exterior site changes. (2) Maximum Building height: Thirty-five (35) feet. (3) Parking. Off -Street Parking shall be provided in accordance with Section 24-141 of this Chapter. Where existing Uses, which do not provide the required number of Off -Street parking spaces as set forth within Section 24-161(g) are replaced with similar Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in Floor Area or expansion in Building size., including the addition of seals shall require provision of additional parking for such increase or expansion. 4 AGENDA ITEM # 8D NOVEMBER 13, 2006 Bio is TooBig? 250,000 s, . (Wal-Mart supercenter) Notes on store sizes: Wal-Mart and Target are currently building "supercenters," which combine their usual array of merchandise with a full supermarket and numerous specialty services from cut flowers to eye glasses. Supercenters typically range from iBo,000 to 2.50,00O square feet, or between 4.1 to 5.7 acres. The parking lots that surround these stores are several times the size of the store itself. Many other big box retail stores—including earlier -generation Wal --Mart outlets, Home Depot, Lowe's, Office Depot, Bed Bath & Beyond, etc.—are in the 6o,000 to 140,000 square foot range. Barnes & Noble and Borders Books stores range from 25,000 to 45,000 square feet, or about the size of a very large supermarket. Free-standing chain drugstores operated by Walgreens, E.ite Aid, and CVS are generally 11,00o -15,00o square feet. As for independent retailers, there's quite a range. Many Main Street stores are under x,000 square feet. A full-service neighborhood grocery store might be ro,000 square feet. Locally owned hardware stores generally range from 2,000 to zo,000 square feet. An independent bookstore aught be 1,500 square feet. A growing number of cities and towns are adopting store size caps to ensure that new retail development is scaled appropriately for the community and does not overwhelm the local economy or exacerbate sprawl and traffic congestion. Most communities choose an upper limit of between 35,000 and 75,000 square feet. For more information on store size caps and other measures to control big box development in your community, see: www.newrules.or /rets l Produced by the New Pules Project, a progrixrn of the Minneapolis-based Institute for Local Self -Reliance, New Pules Project - Retail - 4tore Sim' fags Nnp]e eagr. About New Rules Rules Index Reports & Links Ruppnrt flur \Nnrk Contact Us nev Page 1 of 5 A GENDA ITE'K# 8D NOVEMBER 13, 2006 E IGaily Owned Bt1Stne S e -Mail this page to a Friend! tore Size Caps rin7apc of rnmmiini+iec, rar_gnj7ing tjla±+h Air Lal economies can absorb only so much new retail without causing numerous existing businesses to close, have enacted zoning rules that prohibit stores over a cedain size. Store size raps help to st ictajn the vitality of cmal!_craIe pedestrian -Oriented hucjpecc clic±rirts kArhirh in turn nurture Ipral hi iciness de"Plooment. store size caps prevent the many negative impacts of big box development, such as increased traffic congestion and over -burdened public infrastructure, and they protect the rhararter of the rommuoity by ensuring that nein/ develnpmept is at a crate in keeping with evicting huildipgc. Store size caps keep out some national retailers that refuse to build outlets smaller than their ctanrlarrl fnrmatc, (ltharc n/jll opt ±n rnmply n/ith rnmmunjty.c ci7e limit by decigninq crpaller stores What constitutes an apprnpriate upper limit for the ci'e of retail ctnrec depends on many fartnrc i_nrjuding the ci7e of+he tn'ern the crate pf its evic+jng huilding, and its Jong -term goals with regard to retail development. Some communities have banned only the biggest of the big boxes. Relfast, Maine, fnr example, raps ctnrec at Tri Q In square feet. Others, like Hailey. Idaho, and Ashland nregnp have chsen irh caljer limits (2R,000 and 45,000 cauare fomm feat). (For a "risual illustration of various store sizes, see How Big is Too Rig?) I ike all Inning 12\A/s, size rape rap appiv lc the entire city or just a to particular neighborhood. San Francisco, for example, bars new stores larger than 4,000 square feet from locating in certain neighborhoods. In the west, some rot 'Mies have adopted ctnre size rape to keep his hnv retailers from huilding in i ininrorD^_rated areae heVnnd city boundaries. Outside of the United State. where land use policy is typically set at the national, rather than local, level, some countries, including Irelaod and jynnuay, have adopted o atinrnn/ide ctnre ci7e rape, In some cases retailers have tried to gel arnunr1 a ci7e rap by huilding two or more adjarent ctnrec (CPP -'Wal-Mart Tries to Skirt Maryland Size Cap Law"). Communities can avoid this by structuring the definitions within their ordinances to treat retailers occupying multiple huildjogc ac a tingle retail use cuhiert ±n the rap. For evamole see Hailey, ID: Santa Fe. NM: Agoura Hills, CA: Talbot County. MD and Tuolumne Countty, CA P 111 FR: NEIGHBORHnnn htti-://lsnznx/.gglxrvnja,2_nrrT/r,+all/vA h+,221 Search \Whafc f\Ie Hometown_1 1:51 Buy the book ^mine@ RF:e111 F,3 Articles R Pen Big -Box Impact Factsheets 1 egiclative Platt j)je\e/c Archive Wal-Mart Studie ...more tools & p'l11 F� I Oral Pnl Irl nc,mmupity Imp Comprehensive Development M Formula Rusipe Rectrirtinnc 1 or. Purrhasir Preferences Neighborhood-� Dreventing Vari More ize Cap: RF(:IIf MMI PO Regional Impar Tax -Base Shari RTATF Pfll if ! Rig Rnv Tav Corporate Incor Reform Curhjog Cnrpnr; Internet Ra1Pc 7 1 imiting Vertical Local Purchasir (1 17 P. n‘ Necxr Mlles Project -Retail - Store Size Caps Rrnnkcirlo - Kansas City, MQ In NInvemher 7rlrlfl, the Kancac r.ity r.ouoril vnted to approve two new ordinances that \mill protect the Rrnokcide neighhnrhnod from large-scale, sukurban-otyle chain ctnre development, The first creates the Brookside Business District a° a epnr al Inning district, with jtc own rules and requirements. The second restricts retail ucec in the area to 1 0,000 square feet, except for grocery stores, \nihjrh may ha ac largo as 75,000 square feet: prohihjt' drive- throuah rectayrantc and other rUTAQ. North Ranch -Rao Franricrn, CA In response to Ran Frandsen recideots' and merchants' concerns, including increased +raf lle congestion, proliferation of fond gen/ire uses. the loss of neighborhood -oriented bucineQQeQ and changes in the local neighborhood character, the City and County ^f San Franricrn created Neighhorhood Commercial Individual Area nictrirtc (Nr.nc) in 1Q5,17, These Nrns were established in many San Francisco neighhnrhnnds, including Nnrth Rearh, Earl' of the NCD rules relate to limiting large retail outlets. CITYWIn' Agnmira Hills, CA In 7007, voters in Agoura Hills, a community 20 miles north of Los AngeleC adnptad a measure limiting 'tore' to no more than 60:000 square feet. Note that the nrdinanre`c definitions are designed to prevent retailers from evading the ci7e cap by hujlding finrn nr more adjacent stores. Ashland, OR Ashland, a tnwn of 17,000 in southern Oregon. has a citywide ordinance limiting retail stores to on more than 45,000 square feet. Relfast, ME In 7001, after WaI-Mart optioned land on the outskirts of Belfast. Maine, a rommgnity pf R,Arin in the fast-growing midcoast region. the city rr j c l adopted a temporary moratorium nn large ctoreS and placed an initiative permanently harming 'tore' aver 7.r,,000 square feet on the ballot. Bennington, VT In January 2005, the town of Bennington, home to 9,700 DeoDle and Inrated in the'nuthwest corner of Vermont, enacted the fojlnuding ordinnce. It hanc ctorec over 75 non square feet in one commercial district and 50.000 care feet in the rest of the town, It requires proposals for stores over 30,000 sauare feet to cuhmit to a rnmmi:Djty impart review conducted by an independent consultant rhocen by the city, The roc} of the review Ic to be paid by the developer. Rnvhnrnngh, MA At their tnwo hall meeting in Liarrh 7000 racidantc of Roxhorough voted to limit the size of new retail de\relopment to 9 ,non cgi late feet. The measure required a two-thirds margin to pass. it 'Arc unaojmoucly recommended by the Board of Selectmen. Ro7eman, BLIT ID Fehruary 7nn`l, the city of Ro7eman, Montana, enacted an Drdinanre limiting retail ctorac to nn mora than 7!,,000 square feet. The measure makes permanent a temporary mnratnriVm o_n construction of large retail stores adopted in 2002. Charlevoix, MI The city enacted a measure that caps stores at 4,000 oauare page of AGENDA ITEM # 8D NOVEMBER 13. 2006 Mandatory ImpE Pharmacy Equil Prntecting Fran: NATInNAI Pn Antitrust: Price I Internet Sales T RFI ATFL Poi rnmmunity-rhea I ivjng \A/age n rn r2nn� New Rules Project - Retail - Store Size naps Page of 5 feet, which is about 20 percent smaller than a foothall fielrl and ahni it one-qi lamer the ci7e of a tvoiral \A/al-Marl coperrenter. The adiarent tnwnchip of lharlevriv adopted an ordinance limiting stores to no more than 00.000 square feet and those over 50.000 sa"are feet are additionally required to undergo market feasibility and traffic impact studies, and include a plan for reusing the building should the retailer vacate the spare. Pas+^n, Mn Prompted by seg"eral applications for retail development in excess of 500,000 square feet, larger than anything anticipated by the town's existing f'.pmgrehencive Plan, the Factnn Trwn council enacted a temonrary woratoriUm on new "hjq hnv'° fetajl ctnrec in Ceptemher 1QQQ. In March' 000, the Town Council adopted an ordinance which prohibits retail stores larger than 65.000 square feet and bars the Roard of Toning Appeals from granting a variance to allow a larger stere, Hailey, ID Hailey, Idaho, limits the floor area of retail and wholesale hi icinescec to nn more than 3F,nfn CgVara feet in the frwn'c husinesc and limited business zones and 25.000 square feet in other industrial and commercial zones. hopping centers with multiple tenants are allowed up to 77 non col fare feet in the hi iciness 7nne, ' ,non col care feat in the Limited hucinecc marine anri 9 .non sauore feet in other industrial and commercial zones. Hnmer, Abs After two years of rrincideration---including a review kv a city council -appointed taslr force. numerous puhlic hearings. and a voter referendum ---the city of Homer, Alaska, has capped the size of retail stores at 25,nnn-45,n0n square feet and adopted a community impart review prorecc fpr proposed retail developments river 1 , 00Q cgVare feet, 1lfladigpp \A/iccnpcin In Agril 7nnn, Madicnn, \All adopted a hiq_hnv ordinance that imposes some limits on the size of retail stores, but it is quite permissive compared to other examples on this site. The ordinance limits retail hi hidings to a footprint of nn more than i nn,nnn equate feat, %A,hich IC ahnut the Cama land area as hnio fnothall fields. Because the limit is on the footprint of the building. rather than the gross leasable area of the store, the rules allow stores to be larger provided they are multi -story. Mt. Shasta. California In March 2005, the City Council of Mount Shasta, falifornia, voted 2 to enact the fnllnwinq rirdinanre, whirh cape ctnrec at Fn,nnn cqi Tare feet and reaoirec proposals for ctnrec over 95,5Q5 square feet to undergo an economic impact review and obtain a conditional use permit. Nnr+h PIha (Village of Lake Placid), NY Residents of North Elba, New York spent five years trying to stop Wal -Mad from erecting an 80,000 square foot store within their town. The triwn'c planning hoard rejected the retailer's plans in January 1906. The planning board was sued by Wal-Mart, which claimed its decision was unsubstantiated, arhitrary and rapririoiic, A (haw York appellate cot irf i ipheld the planning hoard rlecici_on. The ordeal prompted the community to enact a size ordinance limiting single retail stores to 40,000 square feet and capping shopping centers at RR,nnn square feet. Northhampton. MA In May 2002. the Northampton City Council enacted ordinances AGFNDA ITEM # 8D NOVEMEPR 13, 2006 New Rules Project - Retail - Store Size Caos Page 4 of 5 prohibiting retail steres larger than 90,000 square feet, and real airing that develnoerc prnpncjDg ctnrec larger than 7n non CaVare feet ,,j1 -her epos+rUrt porloctrian-friondly halo-c+nry hi iiIrlingc contigu_uto the street or pav a per sauare foot mitigation fee. The fee will be used to fund economic development activities designed to offset the impact of retail sprawl on downtown businesses. Rockville. MD In August 2000, the city of Rockville enacted the following ordinance, which bans stores over F.ri,000 square feet and requires theca over 75,000 cQIJare feet to rnmpIv with design and citing gairleiinec Canto Fa, Nld In July 7701 the city of Canto Fe New MlevinQ, arinpter1 the fnlIrn ijng Ordinance Drnhiblting re+ail ctnrec larger than 1 n,nnn square feet and requiring stores over 30,000 sauare feet to comply with architectural and site design standards. Skaneatele, NV After three ronce''uti\'e six-month building moratoria in resgonca to a proposal to construct a 150,000 square feet shopping center, this small town of 7,500 people adopted a comprehensive town plan which inrludad a Inning rectrirtinn limiting ratail ctnrec fn no more than 4.000 auare feet and hopping renter sites to no more than 15 acres. Taps, AIM In September 1999, the to,A1n of Tao enarted an ordinance restricting construction of large retail stores. The measure bans new stores that exceed din_ 000 square feet and requires davalnparc to nhtain a special permit fn hiiild ctnrec pver'In,nnn sauare feet \iValgnlo NH fln harsh 1d 7000. +he res idon+c of \A/alDOlo vo+od '1 +O 1 fn enar+ a 40,000 square foot size limit on new retail stores and restaurants. The new law was adopted following attempts by Wal- Mart to hi in the rmmmiinity in 1999, The retailer withdrew in recgpnce to strong ooDocitiou from residents, Warwick, NY The town of Warwick New York, a rural rommi ioity shout one hour north of Manhattan, enarted a rip. flnoaDrehanciva Plan in J999 and a ne'^' 7onjng Code in early 2002. The Co_moreheni\;e Plan calls for supporting "small= locally owned businesses and retail renters. The Toning rode hart stores over 50,nnn cqi Tara feet and Chopping centore keii+h rn iltiDlo Qtr the+ tngothor exceed 80,000 square feet. \Aiec+foC-1. MA Even though Westford, MA beat back a Wal-Mart in 1994. the Town Meeting soon after added future protection by prohibiting the building of large retail developments (over 50,nnn ca, ft,) and making it harder to hi iild ' 0 Mn - Rn,000 Ca ff. da\/alnpmon+c by reauiring that they apply for special permits. allowing time for citizen input and review by planning boards. Other Examples See some other examples of retail business size limitations. rOUNTY ACENDA ITEM # 8D NOVPMBER 13, 2006 n/'"//r, nn/ New Rules Project - Retail - Store Size Caps Page 5 of 5 Coconino County, Ari7nna (Flagstaff) In August 2nn1 the Cprpnipp Cnppty Rnard of Sppan/icnrc adopted the fnlipunring nrdinanra_ Nnrhirh prphihjtc retajlc etprec larger than 7n non sgnare faaf and regoirec a rnnditiona! "ase Permit for those larger than 25,000 square feet. Ravalfi Criinfy f1flT In April 900A, the Ravalli lniipty ('pmmiccino imanimniicly adnp±ed an r rdirance limiting stores to no More than 60,000 square feet. The ordinance is an interim measure that will remain in effect for one year while the community works on a permanent ordinanre. Talbot County. MD In 2003, the Talbot County Council enacted an ordinance barring stores over F,nnn cqi Tare feet from (orating in any area of the rpunty ni itcide of the hni rndarirpc of inrnrpnrated rjtiec and tpwoc. I rnnro'c a natipD I home irmprovernont rhajn gathered eignatiirec to force a ballot referendum on the size cap in November 2004. But voters upheld the cap in a 53 to 47 percent vote. Tiiniunine County, CA In January' 004, the Tuolumne County Board of Supervisors voted unanimously to ban retail outlets over SO,000 square feet (about half the size of the average nepnt ctpre), INTERNATIONAL Ireland In 1998, the Irish government enacted a temporary cap on the size of retail stores. The policy was made permanent in 2001. The law restricts stores in the Di 'min area to :1,Rnn cqi care meters (RR,nnn cg, ft.) and appljec a 2.,nnn cgi lata malar (•19 non c ff.) limit to the roct pf the rni iptrv. The Dollr'v also regi Ijree that retail stores be located in town centers whenever possible. iyrlr\nray Many countries have taken steps to limit or bar large-scale retail stores and malls, particularly in areas outside of city centers. The intent of theca laws jc tp prntert existing Inraj retail dictrirtc and to pravent.rhan cprawl and alitnmphjle dependency, A Nnnnrcgian law enacted in January 1999, placed a five year moratorium on the construction of retail centers larger than 3000 square meters (.'12,:1Q0 square feet). More: How Big is Too Big? - Viei ial illustration of different store sizes. ranging from Main Street retailers to supercenters. Download as a one-page flyer for distrihution. Protecting Locally Owned Retail: Planning Tools for Curbing Chains and Nurturing Homegrown Rusinesses fEnFj by Stacy Mitchell, Main Street News, Fehruary 7nn4, (c)Nat onaj pQain Street Center National Trpct fpr Hictprir Precanratinn, All rights roconred, fppyrjght 1000-9nnR -Institute for Loral Self -Reliance The New Rides Project _ http://unnnnr,noInrrules,nrg/ ArFNnA ITEM #8D NOVEMBER 13, 2006 Pint -Sized Shopping - The Business Journal of Jacksonville: Page 1 of 2 AGENDA ITEM # 8a NOVEMBER 13 .2006 The Business Journal of Jacksonville - October 6. 2003 httmiih,rkcnnvilla hlzjnrmnolc,rnmijarlrcncorillsrcfnrioc/90r14L4r1/rlrf/ctnrvq html IAC KSQhIF/il! F eQS PLICIAIPCC PHI CP CI IPILPV• 111Ihn Vnii unfn fnr in the quhnrnatneial cicr•l [int- oz h Grocery stores try smaller size Tha Piicinosc Innrnal of.lackcnnwille - nctnhar 3 9nrn by P. ilpnalac Filarpcki Shawn Thorsen spooned strained fruit for hahy daughter Dagny as the pair sat at a patio tahle nutcirle an unusual Puhlix supermarket in a residential stretch of Riverside Avenue. This is not your fathar'c supermarket. Tt'c a pint_cizerd. 29.000-cgnare_fnnt ctpre -- with chprter. clrinnier aiclac __ tnrlrerd among plrl houses and two-lane streets in an upscale patch supermarkets dared not tread before. "I was really jazzed when I learned they were building a store here," Thorsen said. "It's very small, very compact. But it has everything I need. And it's convenient." Conventional wisdom is that Nigger is heifer: Low profit margins of 1 percent to 2 percent require cliparnlarlrats to operate 50.000 -square -foot steres that rin high vol„maip order to compete. .Qmallar naighhnrhnnd ctnrec wnrera left tp ;nrdepenrdente and email rhainc that cperiali7erd in operating them. Though not widespread yet, supermarkets in Northeast Florida and elsewhere are beginning to challenge that notion, according to the companies and industry analysts. Aside from the Riverside store, Puhlix recently opened in Northeast Florida similar smaller stores in Gateway Shopping Center nn the Nnrthcirde an rd at Wnrlyd Golf `Tillage in St, Jnhric Cplmty. Offir;2lc with cnpermarket rhaine say they've learned they ran gp against rnnventinnal 1nricrdpm and maintain volume, profitability and selection at a limited number of small stores "Having a mix of store sizes gives us flexibility,” said Lee Brunson, spokesman for Puhlix Super Markets Inc., with headquarters in Lakeland. Puhlix may locate another small store in San Marco, another upscale urhan area. The Semhler Co., which signs Puhliy as tenants in many of its strip malls, is under rpntrart for land at Altantir and TTandriArc hnnlevarrdc, regional rdirertnr.Teff Encina said, Winn-Dixie Stores Inc.. based in Jcksonville, hasn't built any stores less than 35,000 square feet, largely because expansion has not been a strategy in recent years, officials said. ''That doesn't mean we won't," spokeswoman Joanne Gage said. We build stores that are appropriate to the neighhorbood." Inrreased sales pf more prpfitahle prepared fends often alln1nrc cnpermarlretc to rdnIA ncive and squeeze closer to ares where ct1Ctomers live. store officials said. Albertson's Inc., an Idaho -based chain with six stores in Jacksonville, has not built smaller stores Liltn.ZZIzrNznzT_1117jn,,,•n21p rn-wijar,jr nn-crj11P/etnrje0/2nn2/i 1,trn]2t=nriritaNla 1nn QhOOIZ Pint -Sized Shopping - The Business Journal of Jacksonville: Page 7 of 7 AGENDA ITEM # 8D NOVEMBER 13, 2006 in Northeast Florida, but it operates stores under 40,000 square fPP±;,, urban rec;runtial areas of Ph;larlPlphia, Wilmington, Del., and Centreville, Md., spokesman Walt Rubel sairl. "Tt'c a m;4nr1mPrthat you can't get the volume in these smaller stores," Rubel sair1. "Tfyo1 arP ;n 211 upscale neighborhood, those r11sto1„ers tend to huy more profitable items." Once inside the brio -Le- and -Inn-alight iron exterior of Puhlix s Riverside store, shoppers are greeted with a selection of sushi, fried ch;Plrnn and frechlyHaired goods. Manager Steve Wilt, former boss at a 55.000 -square -foot P,,hliy in Kingsland, Ga., said the selPrtinn is nearly the same, hut with less shelf exposure for each ;tem. The Riverside Puhlix does not have a pharmacy or hank, as most Pubhx stores 1i w offer. The aisles are 12 met long. not 14 to 18 feet, and the perimeter aisles are narrower. Pricing is the same, blit r11stomers are different, Wilt said. They make more frequent trips, buy a larger percentage of prepared foods, and more often walk to the store. "People do less weekly shopping and more daily shr,pp;na," Wilt said. "But our volume is ahout the same (as in Kingsland.)' rontant the Editor Need Assistance? M^ro tot SubsrribP or renew online All contents of tui' 'oto n American City Business Journals Inc. All rights reserved. httn://ww-w.hiv.inurna]s.com/iacksonville/stories/2003/1 O/OEC/sto v5.htm17t-1_rintahle 1 nil gi7fl P»hlix: (Trocer's buying spree not over in Middle Tennessee - Nashville Rn cines Tournal: Alachviilo Riicinecc ,Journal -July 9. 20(12 http:Nnachville.hizlnurnals.cominashvillelsitoriesl2nn")/n7/n9 )t_rv4.html Nasivil Bi]siness Jouriiai u lix: Grocer° uyen • s • ree of o r on id I T n awe Page 1 of 2 AGENThA ITEM # 8D NOVEMBn'A 13. 2006 Nashville Business Journal - June 2R 9009 by Brian Fnrrecier tach ,illy Rucip2s JQLlrnal Puhlix mnrikr.ts Inc. plans local expansion beyond the seven Albertsa,,,'s etprec it just bought as part of its strategy tp l- rlll„e a dominant player in the Nashville market. "We are looking at additional 1pratipns. We are not ready to announce any that have been sign Pr], hut we are looking," says Brenda R e;d p„hliv cpnkPcwpman, "We don't anticipate to come in that market and stay small. We don't want to be NTo. A." The company's growth strategy doesn't have a limit fpr Nashville, says Reid. Puhlix's growth is limited only by the Nashville area's growth. The Lakeland, Fla.. rompanV wantc to he competitive it the Nashville -area market where Kroger enjoys a 51.6 percent marketshare, 2cciardillg to The Shelby Report. 2 gronPry trade p„hlication. In all, Cheatham, Davidson, Dickson, Robertson. Rutherford, Sumner, and Wilson no»ntiec' arprer market totals $1.9 hillion in sales. The first two Puhlix stores are evpPrtPd to hP poen Octoher with the remaining stores coming online in a staggered schedule in 2003. Former A1bPrtso»'s included in the sale are at 467o LPhanon Road, 7604 Hwy. 7o S., 110 Indian Lake Blvd., 81oc Moores T 211e, 2020 Fieldstone parlr AT2y, 2381 Miirfreeshoro Road and 1021 Center Point Place. p„bliv IAJantc tp grow aggressively within the region. Last year Publix said it to add 340 stores. The company now 1125 shout 700 stores in Florida, South Carolina and Georgia.ThP first of five Alabama stores are set to open m .Tnly, Privately held Puhlix, which had reIrenne tact year Of $15.3 billion, has proven to he a successful competitor in other markets against Kroger. the (1on,i„ant Nashville grocer. Puhlix is ''a solid No. 2 in the Atlanta marlret ron,i„g from nothing ahout eight years ago in the market. It's pretty much a two -chain town now with Kroger and p„hl;v” Says Chuck Gilmer, editor of'rhe .c1 11 y Report. Publ1,2 1 hPen interested in the Nashville market for ahout a year. For the Alberron'c deal to go through, Idaho -based Alhertson's probably backed dolAm significantly from its original aching price, spurcPs say. Details of the transaction were not disclosed. Alhertson's stores aren't exactly ideal for p„hliv, Alhertcpn's Nashville stores average between 50,000 and 57,000 square feet with the largest store being Ao.000 sgq,are feet. That is larger than 1)11bNiv'Q avernaP store size of between 40,000 and 50,000 square feet. W1,i1e t�,vo stol•ec rPauiring the least amount of renovation are scheduled to opP„ in Qrtohpr, at least one store will be completely gutted and possihlytorn down. Reid promises that local shopp'rc will apprPriate Puhlix. "When you walk: into our stores your experience will he extremely unique. Tt's going to he 2 pncitivP PYperience for you.” http : //www.bijj o, irnal s. com /nashvil l e/stories/2002/n7/n 1 /stoiyl .html?t=printable 1 0/1 R/Inn6 AGENDA ITEM # 8E NOVEMBER 13, 2006 STAFF REPORT City of Atlantic Reach Commission Meeting AGENDA ITEM: Code Red F.mergency Notification System T) A TF : nctober 31.2006 STTRMTTTFT) Rv: David E. Thompson, Chief of PolicempR BACKGROUND: In the event of an emergency, one of the most critical components in an effective response is the City's ahility to communicate quickly with its citizens. This is important in addressing puhlic safety issues including missing/abducted children, weather emergencies, evacuations. serious crimes, gas leaks, emergency water notices, and similar incidents. When these events occur, the ability to communicate quickly and effectively helps to protect lives and property in Atlantic Reach. Currently, this communication is very limited. The City's primary mechanism to reach large segments of the population is through the local news media. Although the various news organizations provide invaluable services in keeping people informed, there is a delay in the time between the event and the reporting of the event. Additionally. many people do not read newspapers, or watch the local news, or listen to local radio stations, or check the news on the Internet. As a result, the established mass communications with the public may not he as effective and timely as necessary in the event of an emergency. Most Atlantic Reach residents/families have telephones or similar devices to accept calls and messages. If the City could communicate through the telephone systems. then the City would be able to reach large numbers of people very quickly. The Code Red Rmergency Communications Network will allow the City to target a specific area of the community, and provide a voice message to all of the telephones registered in that geographic area. Cellular telephones and pagers can also be included in the database for communication. This system is capable of sending out approximately 6n,nnn calls per hour. With Code Red, the City of Atlantic Reach will he ahle to send telephone messages to citizens throughout the city, or to specific areas within the city within a matter of minutes. Code Red is essentially a service provider. To utilize their services does not require the purchase of capital equipment. once access to the system is secured, the City of Atlantic Reach will have the ability to: 1. Define the calling list using the Code Red internet mapping tool; 7. Record the message; and Emergcncy Communications NCfwr ,4 AGENDA ITEM # 8E NOVMEBER 13, 2006 David E. Thompson. Chief City of Atlantic Beach 850 Seminole Road Atlantic Beach, Fl 37233 Dear David: Thank you again for yn»r time tQ talk about the CodeRED® Outbound 911 Emergency Messaging .cyctem, As you could see we are very proud to be able to offer state of the art technology coupled with thousands of digital telephone lines for emergency message delivery at the rate of over 60,000 calls per hour. I am pleased to offer the City of Atlantic Beach not only complete arrecc t_ yQ„r Quin cernre CodeRFn® website but also our most current residential database at NO COST for the initial load. Complete maintenance of your website as well as the most recent version of the CodeRFn software da±abase update are Ago provided to you at NO COST. With CodeRED there is NO capital expenditure or maintenance cost for equipment or telephone lines. No additional personnel cost or fixed point for operating the system. You can access your secure Website from any Internet connection around the world with your secure pass codec, CodeRED' has been developed over the last seven years and with hundreds of ho»r� of consultation with Emergency Managers, Police Chiefs, Fire ChiPfc and ,AhPrs from all over the United States and some foreign rn»ntriec, The entire tjrct nfthis effort has been to help people, like vonmelf, fiilfll your responsibility to help save and protect lives and property. I think you can see there is NO Emergency Message System on the market that ran compare with the fleXible, technology. security. speed or price of the CodeRED' system. I look forward to working .with yon and your Emergency Management team in implementing your own CodeRED® system. Respectfully. David C. DiGiacomo Vire precidpnt cif npPrntinnc Fmergenry Cnmmnnirations Network. Inc. 9 Sunshine Boulevard Ormond Beach, FL 32174 888-848-6337 x 166 Emergency Cammunicatians Netwflrk, Tnc. • 9 Sunshine. Blvd ♦ (lrmnnd Rch, ET. 12174 PT -T: Z$(-(2(-(1794 • EAY: 112F-1 7F-1177 • aanana, (`_.1eT/P aa.oh,r..,.,a 1 EmArsiamncy Communications Naitwork AGENDA ITEM # 8E NOVEL" EP 13, 2006 Highlights Introduction — Emergency Communication Network, inc. (ErN) is proud to offer CodeRED, a state of the art Emergency Telephone Messaging System, to the city of Atlantic $Path, The CodeRED Emergency Telephone Messaging System iQ a service prnviding clients with the ability to deliver customized, pre-recorded in your voice, emergency messages at a ra±e of up to 60,000 calls per hour. What makes CodeRED Unique? There is no CodeRFD specific hardware to h11y, nn dedicated telephone lines to lease, no maintenance costs, no need for additional personnel. The only cost for the service is for the actual calling minutes used. Calling minutes are pre - purchased, with diQnonntQ for larger quantities purchased. • Authnri7ed Clients have access to the system 24 hours a day — 365 days a year from virtually anywhere in the world via their Qen11re CodeRED Internet portal. • Calling populations can he selected via a gen-noded *nap interface and/or from pre -determined calling lists. ▪ CodeRED uses patented RealCa11T- technology to ensure emergency msQagec are delivered IN FULL. (Reference IJ.S. Patent No. 6,324,262 B1) • CndeRPD attempts to deliver your custom message to each phone number up to three times to enQ„re high delivery rates, • Cail statistics are provided in real time and allows you to view the results for every call record. ▪ Multiple layers of redundancy for CodeRFD system access and secure roh„Q_t dialing locations in multiple states. • 94/7/365 Technical Support • previous EEMA reimbursement for CodeRED use by eligible entities. * All references to call rate in thio prnpnsal are haseri ..non a Zn-cacond TMe..age. Messages of a shorter duration will increase can rate and snhsegnently, Inner mecQagec may deereaQe the call rate. Emergency Commnnientionc Natwnrk, Inv. • Q .Qnnchina Rlvri • (lrrnnnrl Reh, PT 1117d nxr; 1uA-�M-1199e • FAx: 186-676-1127 • www.CodeREDweb.com 3 AGENDA ITEM: SUBMITTED BY: AGENDA t`i"EM # 8F NON/BARER 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Request for a Waiver from Land Development Regulations Parking Requirements Rick Carper, P.E., Public Works Director DATE: November 3, 2006 BACKGROUND: Land Development Regulations (LtJR) Section 24-161(e)(1) requires "Parking spaces for residential uses shall be located on the same property with Principal Building to be served, where feasible." Applicant is requesting a waiver of this requirement to allow twenty-seven parking spaces along Ahern Street to extend five feet into the City right of way. This site is undergoing substantial renovation, with existing two story apartments being converted to three story luxury condominiums. Additional parking to meet the two spaces per dwelling unit requirement is being added in the rear. The approved building plans call for the eastern portion of the front parking spaces to be approximately two feet from the building wall. The purpose of the waiver request is to "enhance the proposed development" by providing additional distance between the street side parked vehicles to the buildings. RECOMMENDATION: Staff recommends disapproval of the waiver request. Applicant is requesting to use City right of way to enhance the value of his project. Because this is the first of several projects anticipated along Ahern and Sturdivant (Atlantic Beach Townhomes at Sherry & Ahern has already been to the Tree Board), approval will set the standard for future redevelopment projects. ATTACHMENTS: 1) Waiver Request from John Davie, General Contractor, Via Mare LLC 2) COB Land Development Regulations, excerpts concerning residential parking requirements 3) Proposed Site Plan — Via Mare Condominiums - Ahern Street BUDGET: No budget issues, REVIEWED BY CITY MANAGER: CeCT® _ 11:26 -151,3 APPLICATION FOP OF % 'DE ITEM # 8F NOVEMBER L, 2006 W R FROM A PROVISION REG .'' :° the Shu a Colamitinn to anthoriwa °''nOt) a Hama Lana =►" •: lopm _; t sneh QrenraaulliM wow ha unrcasnieahIe. in co ty- AW frnn. ,sn ,d h :, mit cause. and no i r, .,�.,_ That as to the It TIONS Ona cine -by -22u Mita, tions aria. co it is with the Upon Chap rra Nihon hic dopna R a fila ted that im intaerrat, gr s be oaty s) of thine t for a Wfaircim• sat appal) A Walvis-Jrshsli not m thine T. te 012 1_ 2. 3. 5. 7. AO. be e of 0 ProPertYsiRealEs er isirafiem P meat the in : t of uirameflt or aft a Variance, air` not , for the Sid Z1 NELGoNl. u'33 AI kJJS" i_A itiv 97fIv - 0000 1 ig `' AlIAC IL prte.ncclo all a 2. 12 , :R Of awn represent eh. b. Alarm and Applies P. 04 AGENTS A 'TEM # 8F that 13, 9006 22 or abs5. ; „r, '�C_ s. 11r �it a .;r =` that@.�.. I..ts,.. ,.'�, �:•t. ral �A a. tr, r a* 7 n 'it "21z P x al for ;9 1 �t4 t to not he ADD elm TrnW OF N attadafit NEM/CM RIM john - -� Cesosr.2uctian LA- C. Miaow ��nw91- VICATr?Q r 2 MC mccs nom TOTAL P_nA John E. Davie, General Contractor T -L-C. .Tnhindaviedesigns Via Mare condominiums 331 Ahern Street Atlantic Beach, FL 32233 Re: Application for waiver fro 11 AGENDA ITEM # 8F NOVEMBER 13. 2006 provision of the land development regulations. The purpose of this application and proposed waiver from ReEtinn 2A_al6(d) is to enhance the above proposed develop ,hent as follows. F•xplanation of request and intent: • The requirement of Section 2446 (d) is such that all vehicles shall he parked within the limits of their property. In this respect, the plans have heen approved by The City of Atlantic Beach whereby vehicles will be parked within the site boundary; however their proximity to the front of the hnildblge will he 2 feet +/e_ This is detracting to the buildings and to the occupiers. • it is propnsed that parking of vehicles should he moved away from the buildings by S feet. This, as seen from the proposed site plan intrudes into the right of way. o A five font space between the edge of the parking and the street provides adequate pedestrian space between the vehicles and the street. o The buffer in front of the buildings will be landscaped, including the seven 111 font wide islands which will contain landscaping, new street trees and lighting. Parking spaces will be 20 feet long, by 10 feet wide in accordance with regulations- They are placed at right angles with Ahern Street. The proposed five feet buffer between the parking and the street extends the full length of the development- ® The parking meets the required two spaces for each condominium unit. • The increased landscaping buffer between the front of the vehicles and the front of the buildings will enhance the appearance of the development, with o effect on traffic movement or parking capacity. An additional 6.5% of pervious area is added to the development. a This proposed location of parking in front of Ahern Street has been in place since the construction of the original apartment units, in excess of Fifty years ago. Vohieles have parked in precisely the some location as is proposed in this application The intention for the development of this portion of Ahern Street is to enhance the entire streetscape. Additional improvements include underground electrical service_ telephone etc. The narking spaces will he constructed with brick pavers ineh'di i g the right away to the street. a Street lighting is prnposed in the isla i;al to reflect a similar treatment as has been installed in the tows„ center. AGENDA ITEM # 8F NOVEMBER 11, 2006 Sec. 24-46. City Commission. jt cha11 he the reeppncihility of the City Commission to perform the following duties and responsibilities in accordance with this Chapter: (d) T_ anthpri7e limited Waivers, on a case-hy-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that romplianre with enrh procTicipn(e) uvpnld he nnreacpnahle, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be appro*'ed only upon showing of good rancor and nppn euirlenre that an alternative to a specific provision(s) pf this Chapter shall he provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any req»ect fir a Waiver frpm these Land De' elppment Reanlatipns, the Citty Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Wai‘rer shall not modify any requirement pr term rnetpmarilV rpncidered as a Varianre or any r4quirement or term prohihited as a Variance, and shall he considered only in cases where alternative administrative procedures are not set for the within the City rode pf Ordinances. Sec. 24-17 Definitions Porking Spwwe, Off -Street sha1l mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides. together with properly related arrecs fp a public Street or alley and maneuvering room, but located totally outside of any Street or alley Right -of way. Width, depth and arrangement of Parking Spaces shall conform to the requirements of Section 24-161. Sec. 24-161, Off -Street Parking and Loading. (a) General. Required off-street vehicular parking spaces shall he prp'rded at the time pf the rp110'ri1rtipn LIE' any main Building for the Uses described in this Section. Parking areas shall he arranged for convenient access and safety of pedestrians and vehicles: shall be paved and adequately drained and maintained in a dnetprppf rendition; shall provide harriers when 1orated at the perimeter of the Lot to prevent encroachment on to adjacent property; and when lighted, lights shall he directed away from adjacent properties, parking areae and driveways shall net phetnict ctprmwater, drainage swales, guttering, etc. Excess parking is strongly discouraged, and in no case shall the number of parking spaces exceed that required by this Section by ten (10) perrent pf that required. There shall he no sales, service or husiness activity of any kind within any parking area. (e) Location of required parking spaces: (1) Parking eparee fpr residential Uses shall he 1prated on the same property with Principal Building to he served, where feasible. (g) Parking space requirements. (6) All recirlvntia1 Uee9; Tine (2) spares per Dwelling Unit. Parking for residential uses shall he located within paved or stabilized driveways, Private Garages or carports or such areas intended for the day-to-day parking pf vehicles, Vehicles shall nut be routinely parked within grassed or landscaped areas of a residential Lot. Mechanical or other automotive repair work on any motor vehicle shall not he performed o»t-of dppre within any residential Zpning Dictrirt, e'rept for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. PRE-EXISTING — PAVEMENT LINE 1' 1'IASl:'1'Wti FUTURE Pi 'ASP: i— —� 3.6O Si' REDUCE [ANI AVIOUS 4(.IRFACE NC) REDS iCION IN I'AIt{ ; SPM MASK r1 - r1 , LANDSCAPED COLTR'IYARL).S PICKET I'CNCE AND cATFS AT EACH END 'TYPICAL. 1n' X 20' PARKINO SPACE. IN`I'i%RLUC1:INC I'AVItli7; 1'YilCAI.l+l' ^_ DEVI' 7'11iI) AN I:i}.AN11 w,1'riwi MARE A COtIDOMMLIM DEVELOPMT N1' ATLANTLC I3EACH. FLORIDA A if 11 N $'I' I& I I' --+ --,11!tVS"I'Rlilil"Plil•:1:4" •r-^!' 4SY's7WFf`.N IiIJILDINLi AND \ 4V PAItKINO RIP PLANTING OV ail FAO PO Wt R 4. PI YON1 !MRS & 'QI.LiS It IOW IVItl7 -4;SISTINrI UMW P±;VI M}Pn NORM Si If ME SII[}NPING<:I.7+1'1'I:It PROPOSED SITE PLAN FTLTT.IRfs HMV T OF WAY I.W - IiNCRANCE rI I,.t It YARD ttl:INC7 r�fa NORTH AGENDA ITEM # 8G NOVEMBER 13, 2006 CTAFE+ RFPORT City of Atlantic Reach Commission Meeting A (:F.NI) A TTFM; Selva T -inkside Traffic Concerns DATE: October )7. 7nnW slum -arm David E. Thompsoonslum-armThief of police/rws Rick Carper, Director of Public Works BACKGROUND: At the October 22, 2006 City Commission Meeting. Tack R obhins presented the Commission with a petition with two (2) requests: 1. Add two (?) speed h„mps on T.inkside (rive; and 2. Prohibit all City Public Works vehicles from driving through T.inkside Drive. Addressine Sneed Rumps/Humps: General Use of Speed Bumps/Humps In general, speed bumps/humps create more prohlems than they solve. They are a daily aggravation to some people who must drive across them, and they are not effective at preventing speeding. when speed humps/h»mps are installed, they invariably lead to numerous complaints. Motorists will try to find the "right speed'. to hit them such that it is the least irritating to the motorists. Motorists will drive off of the edge of the pavement in an attempt to miss the speed bumps/humps. Motorists who oppose the speed humps/humps have been known to blow their horns or find other ways to show their objections to the speed humps. Motorists will contact the city to file claims for damage to their vehicles. Some will request that the city pay for front-end alignments every few months. Once speed bumps/humps are installed. some citizens will call and ask that the speed bumps/humps be enlarged, while others will ran to recommend that the speed bumps/humps should be smaller. It is also common for people to want the bumps/bumps redesigned to accommodate strollers, bicycles, skateboards. etc. Typically, citizens will also ask for more speed humps to he placed between the existing speed bumps. Even if speed bumps are installed, it wi1l not make the streets a safe place for people to walk or play. November 13th. 2006 Regular Meeting AGENT_`A 1TEM # 3G 1\1OVEMBER 13, 2006 Petitions The use of petitions to make such decisions is questionable at best. The petitions are obviously initiated by those citizens in support of the speed bumps/humps. we know that people who oppose having speed humps/humps will still sign a petition to avoid conflicts with neighbors. We have had experience with citizens who signed petitions advocating speed bumps/humps, and they later called and complained about the speed humps/humps. Petitions show the names of people who advocate the speed bumps/humps. but they do not represent the rest of the people who may he affected by the speed bumps/humps. They do not take into account the people who drive, bicycle, walk, stroll, skate, or otherwise pass through the neighborhood. They also do not identify the neighbors who decline to sign the petition. Petitions typically include signatures from people who live near the location in question. There may be hundreds or thousands of motorists passing through that roadway each day or week, and they do not have the ability to be heard relative to speed bumps. Tmpact nn nther P nadways When speed bumps are installed at one location, they have a significant impact on the roadways nearby. When speed humps are installed on one street, people will start using the peripheral streets. This will essentially increase the amount of traffic on the other streets. As ynu might expect, the people on the other streets do not appreciate the traffic, and invariahly. they will want speed bumps, too. In the case of Selva T .�nkside, traffic is likely to move to Selva T .akes Drive, and T doubt that the people living in Selva T .akes will appreciate this. Restricting City Vehicle Access to Linkside Drive Although the petition addresses -only Public Works vehicles, discussions with the Tin President indicate the intent is to restrict n11 city vehicle traffic (except police cars) leaving the City Yard and traveling through the neighborhood. This consists of pickup trucks and cars only, construction vehicles / rraileTs or heavy equipment have already been directed not to use the neighborhood roads. Staff estilmates these city vehicles generate a maximum of S2 trips per weekday along Sandpiper Lane and T irkside Drive. This compares to a average of 9f1R trips per day from all sources as measured by the Public Safety Department in nctnher. The City vehicle trips primarily occur during the work / school day (7:30 am to 5:00 pm) when there is less resident vehicle or pedestrian traffic nn the mads in question. November 13th, 2006 Regular Meeting AGENDA 'TEM # 8G NOVFMnFn 13, 2006 BUDGET: Financial impact of requiring city vehicles to avoid the Linkside neighborhood is detailed in Attachment '). The total fiscal impact would he on the order of $10,000 per year. This is over 80% of the cost of adding an additional general maintenance worker to the public Works Department RECOMMENDATIONS: With respect to speed humps / humps, Staff recommends utilizing other mechanisms to reduce speeding. The police department has dedicated resources to address speeding and stop sign violations on T.inhside Drive, and fnllnw up studies will provide data to assess the impact. The enforcement activities should reduce the incidence of speeding without the need for speed bumps/humps. With respect to the request to require city vehicles to avoid using the Sandpiper / T.inkside route to Seminole Road. Staff strongly recommends against this pntentially precedent setting direction. These are public streets maintained hy city forces — harming city vehicles gives the implication these are private roads being maintained hy the city for the benefit and use of a select few. Additionally, the productivity impact resulting from time lost. will negatively impact City Services to the rest of the City. ATTACHMENTS: 1. Selva Linkside T-Tomeowners Associntinn (T TO Tetter Request 2. COAR Vehicle Transits of Linkside Suhdivision Fstimnted Cost Spreadsheet REVIEWED BY CITY MANAGER: AGENDAC ITEM NUMBER: November 13th, 2006 Regular Meeting AGENDA ITEM # 8G NOVEMBER 13, 2006 Selva Linkside HOA Unit 1 Atlantic Reach, Florida SeIva 'Linkside Unit 1 - HOA Dear Mayor and Commissioners: This is-e' fnllnw up to our request for your help to re -Q. the traffic and cpPPrlin Drnblem within: the Selva Linkside Development. WP would Iika ynir tn take immediate action on the following: nor qatitin_n to add Speed Humps (2 on Linkside Drive - from Sandpiper to 11 ct aprl 1 nn "Sandpiper. our raquast that Public Works stop using our streets as a cut -through. We want an euhlir works verhirles to use Sandpiper out to Plaza coming and gninq to the Pi ihlic Works Department: Again, the reason or our request:` • Traffic and Speeding has increase over the last year. • We want tn increase thesafety for our HOA members especially our voting children within our development. 7A% of nur members' are in favor of Speed Humps Speed Humps will deter penDIP. from using our streets. It will help stop people from speeding.; Please Thank let rriP knOW when you, auk Robbins theca artinns ran be started. Selva Linkside HOA President COAB Vehicle Tra isits of Linkside Subdivision Annual No. of Avg Trips Mileage Mileage Time Fuel CD it VII an -Malar Cost to Department Vehicles per day Iielta(1) (2) Delta (3) CD ;t (4) City Carom Its Building Department 2 2 D.2 1011 15 $115.29 $996.67 $1,1)11.1315 Finance 2 13 D.2 156 15 $22.94 $1,495.00 $1,517.94 Monthly mete • •ei3ding no inicludeli. Parks & Recreation 15 Beautiiication 1 2 112 104 15 $115.29 $996.67 $1,011.96 Park Rangers 4 2 112 104 15 $115.29 $996.617 $1,1)11.1315 Public Safety* 15 Animal Control 2 2 0.2 104 15 $115.29 $996.67 $1,1)11.1315 Code Enforcement 1 1 13.2 52 15 $7.65 $498.33 $505.98 Lifeguards 1 2 0.2 104 15 $115.29 $996.57 $1,1)I1.D5 Public Utilities 5 Painters 1 13 0.2 156 5 $22.94 $1,41315.1)0 $1,517.94 Painters work out of the building a I WP #1 Lift Stations & DISI/Coll. 5 2 0.2 11)4 5 $115.213 $9913.157 $1,011.96 From Lift Station B :o C, is ill if dist/coll needeli Special Projects 2 0.4 0.2 20.8 5 $30.59 $1D13.133 $229.92 Tim 13, M31,D1n •- Maybe once/week/each Water 6 8 0.5 1040 10 $152.134 $7,9713.133 $8,126.217 Milea13e delta to VVTP 1 -1).15 Ir •ips i nclude night shift op. i�heccs as needed Public Works Fleet Maintenance 1 1 0.2 52 5 $7.65 $498.133 $505.913 Mlaintenance 2 2 0.2 11)4 5 $115.213 $9915.137 $1,011.96 Jack & Paul PW Inspector 1 4 0.2 21)8 5 $30.513 $1,9913.133 $2,023.92 Sheets 6 14 0.2 1728 5 $107.06 $6,976.67 $7,083.713 Storm sewer 2 4 0.2 21)8 5 $30.59 $1,13913.133 $2,023.92 Total 39 52.4 3348.8 $520.00 $30,099.33 $30,619.33 * Poliice nrehi ales excluded (1) Diffe -e -ice from i ntersection Df Donner & Band )ipe • to i -ite •secti an of Beminple and lit h Striae: using Plaza /15 PDi its (2) Assu nes 260 work days )e- tear (3) ASS nes fuel ,Dst of 1$2.150 r gal, and 17 mpg (4) Assu nes lave alae p 3y rate )f $213/iDu • [incl idi ig be ne its). Lin kside Costs.xls 1 11(?I( ?01)6 Z <m rnZ iztrl N c pp g AGENDA ITEM # 9A NOVEMBER 13, 2006 November 6, 7006 MEMORANDUM TO: The Honorable Mayor and MemheTp of the rommiccion FROM: Jim Hanso • lty Manager ST TR MCI: city Manag: is Report Ferrell Gas Suit; The City Commission previously authorized filing a suit to require Ferrell Gas to remove over 15 buried underground gas tanks in the Royal Palms subdivision so that they would not conflict with fi'ture utility reconstruction. Tn preparation for the first court ordered mediatinn meeting held last week, the city's paint repair contractor, Ornhn-May, was asked to uncover one of the tanks and provide a -nrm estimate for it's removal. The written estimate was just over $ 12,000. This includes removal of not only the large storage tank but also of the concrete base installed under each of the tanks. The cost to remove all the tanks is estimated to be over u00,000. A picture of the uncovered tank is attached. Newspaper Rack Ordinance: at the City Commission's directinn. the staff has been working for several months to prepare a draft ordinance that would impose requirements for maintenance and the use of modular racks where there are three or more boxes. A proposed ordinance has been prepared, hut will he delayed until at least the next regular commission meeting at the request of one of the news vendnrs whn wnnld like to suhmit detailed cnmments and recommendation e beforehand. After discussinns aver the telephnne. theft comments may he lengthy. technical. and may serve to improve the draft ordinance. As soon as their input can be received and reviewed, a report will be presented to the City Commission Chamber of Commerce Trip to New Orleans to Study 1 essons from Hurricane Katrina; The _Tackconville Chamber nf Cnmmeree arranged fnr a series nf speakers and tnurs over the three days of the trip to New Orleans that woild provide attendees an nnderstanding nf the affects of Hurricane Katrina and lessons learned in the aftermath and over the last 1 a months. The speakers included David Brinkley, the author of the book "The Great Deluge", as well as several leaders involved in the immediate hurricane response as well as the rebuilding efforts over the last year. several majnr thcmcc came out of these presentations and tours: 1) Cornmunica±ions: virtually every speaker noted the prnhlems of communications immediately after the hurricane. Most of the communication systems (telephone. cell phones, radios, etc) were not working, and those that did work were severely overloaded by so many agencies trying to use them. Even the satellite phone system was overloaded once ERMA representatives finally arriVed nn the scene, hccausc they had so many of their own satellite phones that the system became nverloaded. The AGENDA 1TFYt # 9A NOVEMBER 13, 2006 hest advice appeared to he, in getting a variety of communication alternatives available and use those that work. 2) Pets; The number of people that owned pets that were unwilling to evacuate without them was a major obstacle in the days following the hurricane. Because of space limitations, most rPspnnders were unwilling to rescue pets until the people were taken out first. Although the SPCA was involved in rescuing pets for some time thereafter, they estimated that only about 20% of the pets were reunited with their owners. Their strong recommendation was to have some shelters available for people to evacuate with their pets. 1) Wetlands: 'Wetlands totaling approximately the size of the state of Delaware have been lost in the New Orleans area over the last 75 years. Their loss resulted from various policies created to keep navigation channels open and the New Orleans area dry. These wetlands provided a significant barrier to protect New Orleans from hurricanes in the past. They were referred to as ``speed humps' that help dissipate hurricane force winds and flooding. We agreed that it was probably hest not to refer to the beach cities in Duval rnnnq as "speed humps". 4) Financial Burden and Related FEMA Paperwork; The ENTERGY electric company in New Orleans filed bankruptcy and the City of New Orleans has been described as very close, to filing hankruptcv over the cost to rebuild after Hurricane Katrina. Many local and state agencies have not yet been reimbursed or are only partially reimbursed hy FEMA after the storm. Many (most?) of the homeowners have yet to settle with their property insurance companies. While the rebuilding effort has been long and tedious, many of the speakers pointed out that it was much more difficult hy having "fits of starts and strips because of paperwork delays". Volunteers; Lots of volunteers came to help after the storm. The management of those volunteers got to be very difficult. In fact, the greatest success stories immediately after the storm were from various volunteer groups who worked essentially on their own without waiting for approval from state or federal agencies. However, there were also several very serious problems. While. the. City was cnrdnncd off through road hlncks to ensure only cmcrgcncy response personnel got in. several found that they could simply identify themselves as "SCPA" volunteers and get right through the road blocks, regardless of whether or not they were actually doing any animal related rescue work. 6) Dress/Rumor Control: Tn the immediate aftermath of a major catastrophic event. it is often difficult to verify facts. Any rumors that are passed along to the press can often become sensationalized and become a detriment to the emergency response efforts. This was the case when reports of people shooting at the rescue helicopters caused for many of the rescue efforts to be halted until armed security forces were available. The truth was that there was only one suhstantiated case of shots being fired at a helicopter. Tn many other cases, shots were fired by people trying to get the attention of rescue helicopters, but they were not fired directly at the emergency responders. AGENDA ITEM #9A NOVEM TIER 13. 2006 7) Command Struggles/Turf Wars; Varinus struggles hetes n local, state and federal elected officials and agencies as to who wag in control created significant impediments to saving lives and later get—ting the reconstruction efforts on the fastest possible trach. 8) Time to Rebuild/Planning; Even though it has been over a year since Hurricane Katrina struck the New Orleans area in August of 7005. water and sewer and electric services are not available to many areas o£the city. many ofhe schools remain closed and. in several areas. only a few of the homes in any given neighborhood have been made habitable. The time to rebuild public infrastructure as well as the housing stock is one that will require several years of work. The decision nn rebuilding neighborhoods is being made_ hy the homeowners hy a house tn hnuse basis with considerahle delay frnm their insurance carriers and therefnre will talre a long time. 9) Crime; While reports on the crime wave immediately after Hurricane Katrina were somewhat overblown, there was a very serinus problem with lonting and nther crime, much of which still exists tnday. Ry many accounts, the New flrleanc pollee Department has not yet gotten the crime prnhlem under control. On a personal note, when T aslred where would be a good running route outside of the hotel, I was advised not to go anywhere other than a short decorative river walk along the edge of the French Quarter because "the hotel does not want tn be responsible-. Specific items fn„nd in this trip will he discusCed with city staff for possible incorporation into the Atlantic Reach Hurricane plan. While the effects of Hurricane Katrina on New Orleans would he essentially different from Atlantic Beach because of their long term flooding (it took months to repair all the pump stations and then get the water pumped nut), but many of the problems found could also be encountered in Atlantic Beach. Tt wnuld he difficult tn get a good understanding nfthe extent nfthe flnoding damage without seeing it yourself. T appreciate the opportunity to travel to New Orleans to learn from their lessons following H„rricane Katrina. AGENDA MEM # 9A NOVEMBER 13, 2006 Proposed District Representation Committee Nominees Submitted by Mayor and Commission Johnny Bass Reed Reaubouef Kathy Carithers Toyce Freeman Kirk uansen Ann flowers Norm Thompson George Bull, Jr. Joan Carver Tane Wytzka Maureen Shaughnessy T yman Fletcher John Fletcher Gary Becka Gayle Baker Richard -Tohnson Christopher Adams Cant Andersen Veda Bernstein Nicholas Dodaro Alan Gleit Robert Gray Susan Green Jerome Dixon Mark Howard Janet Lambert Douglas Ma1ie Ray Martin Tosh„a P„tterman Fd Raiihe Paul Sapia Charles Stambaugh Jeff Turner 715 Redfm Drive 1082 Carnation Street 233 Ocean Boulevard 334 Skate Road 7393 Ocean Breeze Court 954 Steck Street 381 4`h Street 1937 West Sevilla nlvd 46 15th Street 352 2nd Street 361 Main Street (Tree R04 Fast roast Drive 677 Ocean Boulevard 7304 Jleachcomber Trail (Cultural Arts and Rerreation Committee) 1549 Jordan Street 857 Bonita Street 330 Aquatic Drive 313 Oceanwalk Drive N. hRn Sailfish Drive 373 19Street 10 Tenth Street 350 6th Street 343 Reach Avenue 343 Ocean Blvd 197(1 Reach Avenue 314 Plaza 1811 Selva Grande Drive 2263 Barefoot Trace (approved for firture vacancy on Code Enforcement) 2047 Seminole Road 901 Ocean Blvd 757 Pnintsettia street 1 178 Ocean Rlvd 2039 Selva Madera Court Conservation Board) AGENDA rr 10 A NOVEMBER 13, 2006 AGENDA ITEM # 10 A NOVEMBER 13, 2006 COAB Voting Districts Legend AIMMIs RuW+,»plan PRECINCT w lay ,aa I 73E PB„ Po11ngLaoEtlonjohl. Prgpnwd mhmllma members mode Carol Anderson I _ I "41* Ray Martin, Kirk Hansen Gary Becka Joshua Futterman Mark Horward George Bull, Jr Douglas Malie Joan Carver Nicholas Dodaro Charles Stambaugh Gayle Baker Veda Berstein Richard Johnson Ed Raube Ann Bowers Alan Gleit Lyman Fletcher I John Fletcher L— Jerome Hixon Maureen Shaughnessy r N��1 a i e11 Paul Sapia Jane Wytzka Susan Green Kathy Carithers 0 0.15 0.3 0.6 Miles 1 1 1