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Exh 8C8C NOVEMBER 13, 2000 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Private Streets in Selva Mazina Are SUBMTI'TED BY: Jim Hanson,-Ei DATE: November 8, 2000 BACKGROUND: Many years ago several streets were developed in the Selva Marina area that did not meet the City's engineering or safety standazds. The City has never accepted ownership of the streets. Instead, the developer posted a ten yeaz bond for maintenance which has long since expired. Since this subdivision was developed between 1978 and 1980, the possibility of the City accepting ownership of the streets and/or expending funds to improve them has been brought up on many occasions. The City paid for a engineering study in 1983 that was done by the firm of England and Thims, Inc. That report indicated that it would cost approximately $255,000 to bring the streets and utilities up to City's standards at the time and would require the removal of approximately 81 trees. The City did not take any action as the result of the 1983 report. The possibility of the City taking responsibility for the private streets has been formally discussed on at least two more occasions since the original report was prepazed in 1983. A Selva Marina Road Committee was created to study the issue in 1992, but resulted in no action by the City Commission. Likewise in 1998 City staff was asked to prepaze a report of the options, but again no action resulted. The staff in 1998 estimated that the current cost to make the improvements recommended in the 1983 study had risen to $1,000,000. The 1992 and 1998 reports outlined a variety of options available to bring the streets up to an acceptable standazd and provide for the future maintenance by the City. The major change since these previous efforts is in the continued deterioration of the streets and drainage systems. It is clear that some maintenance and reconstruction will be necessary soon or portions of the pavement will completely collapse and flooding conditions will worsen. 8C NOVEMBER 13, 2000 There are a number of complex problems that must be considered in any effective solution as follows; 1) Legal issues, including ownership of the streets and the ability of the City to spend public funds on private property. 2) Safety; of the street design and the related public liability which would result from public ownership. 3) Street Construction; the need to reconstruct certain portions so tilat any resurfacing will last. 4) Drainage System; to eliminate flooding, and protect the streets from premature deterioration. 5) Utilities; originally installed with inadequate cover Any possible solutions to these problems will have to be fair to the residents of the Selva Marina azea as well as to the other citizens of Atlantic Beach whom, through the City, may be expected to invest substantial sums in reconstruction of roads and drainage systems which were inadequately built to begin with. Likewise, any solution will require the cooperation of the various stakeholder groups (azea residents, technical staff and elected officials). To solve the complex problems with fair solutions will also require an educational process so that all of the stakeholder groups can understand the issues. BUDGET: No budgeted funds are being recommended at this time, although significant amounts of City resources may be needed to solve these problems. RECOMMENDATION: To find equitable solutions to these complex problems, a long term and multi-step process will be necessary. 1) The Mayor and Commission should consider appointment of a special study committee which will include representatives from the Selva Marina area, key staff members City elected officials. 2) Once appointed, this committee should embazk upon a series of meetings, some on site, to become knowledgeable about various problems and issues. 8C NOVEMBER 13, 2000 3) The next goal of the group will be to identify needed actions, including possible legal issues involving ownership of the right-of--way as well as what capital improvements (resurfacing, restructuring, regrading) aze needed in both the short and long term. 4) The group should identify a range of possible funding options to be presented for public consideration. These options could include investment from the City, assessments of the affected property owners, delayed investments, or any combination of fimding sources and time frames. 5) The recommended actions and range of funding options should then be presented to the Mayor and Commission. 6) The City Commission should then call a public hearing to obtain input on all of the possible options. Residents in the Selva Marina area should be specifically invited, although all citizens should be welcome: 7) After a public discussion of the advantages or disadvantages of each option, it would then be appropriate for the City Commission to decide which, if any, options should be adopted. It should be expected that this process would take several months and would involve several meetings.. However, combining a good understanding of the complex problems at hand with ample opportunity for public input on the solutions should allow the City to arrive at the best possible course of action. ATTACHMENTS: 1) Drawing of Selva Marina private streets 2) Letter from City Manager Kim Leinbach to Mayar Gulliford dated May 20, 1992 3) Memo from Bob Kosoy comparing services provided on public vs. private streets 8C NOVEMBER 13, 2000 -' 0 City owM.d "~'~" N v,e~vE MARINA gE~VA N ~ ~ " ~ ~ I u N ? N N N ~ ~ ~ p N '~ ~ UJ N - _ ~ ~ N ~.] ~ lP ~ ~ ~ ~ _ _. _ ^/. SHE /4Y OfZlVE / l~ ` (n ~ ~ o -~ o = ~ W - N W I ~ ~, to N N ro ~P Vi S "~ ~ N W ~ N 3 ~ O 2 y HICKORY LA ~ /J ` ~ I ~ m N o O a _ - 0 ~ m ~~m S ~n ~ a w ~. ~N I w Ri ~ 'P ~ N ~ m ~ ° _ ~ /~ /UE OAK ~, LANG '~ ~ ~~ ~ a c N ~ - N W ? tP J S ~ N " W _ I~ ~ Q ~D W __~ OAK C/.P. _ _ _ r ~ r ~~ ~ ~ ~~ 0 ~~ ~ ~ ~ Iz SELVA. ~ N ~ - N ~ ~ T I E ,2 F2 A y\ -f-N _- N CREEfS S/OE - _ C o ~ C/ROLE _ ~ ~ w m A ,Z s< o N - N lY SEq OA,ytS O.P/VE SEA OATS ,A 1 c/RCLE _y-- J_~ /- ~ ~n o* J ~ 'H x_77 ~ _ScA-~E~/~~_; SEM/NOLE lc'pAp 8C NOVEMBETi 13, 2000 CITY OF r~aat.~c f~eacli - ~eozida 800 SEMINOLE ROAD A?LAN72C BEACH. FioRIDA 32233-5445 7ELE4HOt`fE (904) 7A7-5800 FA.C (904) 247-5805 May 20, 1992 William I. Gulliford Mayor City of Atlantic Beach, Florida Dear Bi11: Even though not specifically requested to do so, I would like to make a brief staff report for your edification in relation to the issue of ownership and maintenance of the streets in the Selva Marina area. Perhaps this is redundant, however, there are a number of issues that you and the Commission may want to take into account. The first involves the distinction between maintenance and major reconstruction. While the City Attorney has indicated the City may intrude into repair of private streets should there be an emergency type of public purpose at stake, my question concerns the drawing of the line between maintenance and major repair. Second, who and under what criteria is an emergency declared? Are the streets indeed so. deteriorated to threaten the health and welfare of the public? I think this needs to be carefully scrutini2ed. Third, what precedence will be established in regards to the other private developments throughout the community? Will we now be expected to maintain these streets as well? I believe we must take this into consideration as a distinct possibility.. Fourth, will the City assume any greater liability should there be a lawsuit or other legal action in reference to the additional level of service provided if so chosen by the Mayor .and City Gommission? Finally, does the developer and/or those receiving the benefit of what I presume to be less costly improvements have any responsibility including financial for their (ie. the roads) upgrading? Should you and this Commission establish a policy wherein the city will accept maintenance of the streets as noted above, there are a few alternatives you may wish to consider. The primary purpose is to establish the vehicle wherein ownership is retained by the residents andfor development company with a provision allowing the City to make repairs. Qne suggestion encompasses the establishment of some (super) homeowners association. A second might be the granting of easements for the purpose of maintenance of the streets although this may be a very cumbersome 8C NOVEMBER 13, 2000 enterprise with all the owners involved. A third could include the establYshment of some sort of special district, the legality. of which needs to be checked. A fourth alternative could involve the creation of a special assessment project. Ultimately, the owners may wish to dedicate the rights-of-way to the City for perpetual maintenance and care. These are only some ideas or concepts you may wish to consider. I concur with Commissioner Fletcher and point out we do have time to evaluate the matter thoroughly. Perhaps you might wish to consider the, appointment of a committee consisting of myself and/or applicable staff members, one or two residents of the Se1va Marina area and an elected official such as yourself or other ,Commission member. I would think the City Attorney should be an ex-officio' member and called upon as needed in terms of providing legal answers as necessary. This committee could evaluate the various alternatives and suggest a course of action for your consideration. I hope this information is of use to you and will be most happy to pursue whatever course of action you choose to proceed. Sincerely, K'm D: Leinbach City Manager KDL.dst EEF: KDL':6 8C NOVEMBER 13, 2000 MEMORANDUM November 6, 2000 TO: Jim Hanson, City Manager FROM: Bob Kosoy, Director of Public Works SUBJECT: Services on Private Streets The services provided on private streets within the corporate limits of the City by our Department are as follows: LOCATION Sanitation Pothole Tree Cutting Water and Stormwate Repair Sewer r Repair 19th and cul-de-sacs Yes Yes `* No Yes Yes Tiffany-by-the-Sea * Yes No No Yes No Fleet Landing * Yes No No No No Sevilla Gardens & Yes No No Yes - Swr No Condominiums * No - Wtr Seminole Dunes, Ocean Yes Yes ** No No No Village, Cloisters & other condominium associations w/private street entrances -ua[ea community **Emergency Vehicles Only cc: Donna Kaluzniak, Utility Director Phil Nodine, Streets & Maintenance Division Director RSK/~