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02-09-2004 '-' """'" V oting Order Councilman Brown Councilman Vincenzi CouncilwomanRJwdes Councilwoman Lichter Mayor Schmidt AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING February 9, 2004 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS A. Recognition of appointed/reappointed Board/Committee members. B. Mayor Schmidt proclaiming February as Library Appreciation Month and Head Librarian Ruth McCormack reporting on the 2003 Library activities. 4. CITIZEN COMMENTS (This is the time for the public to come forward with any comments they may have. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Richard Stonecipher owner of Earthquake Magoons, 132 W. Park Avenue, requesting a Special Activity permit for a Biketoberfest Annual Oyster Roast to be held on March 5, 2004, with outdoor music. B. Public Hearing, Rich Fromm owner of Rich's Place, 2576 S. Ridgewood Avenue, requesting a Special Activity permit for Bike Week activities from March 4 through March 6, 2004, with outdoor music. C. Public Hearing, Tanya Girvan owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity permit for Bike Week activities from February 27 through March 7, 2004, with outdoor music. D. 1 st Reading, Ord. No. 2004-0-06, City of Edgewater requesting annexation of 60:t. acres located at 4115 US 1 to be known as Edgewater Harbor. 7. BOARD APPOINTMENTS None at this time. 8. CONSENT AGENDA None at this time. 'w' """'" City Council Agenda February 9, 2004 Page -2- 9. OTHER BUSINESS A. Universal Tag Program - consideration/authorization to establish an Ordinance to participate in a countywide "Universal Tag Program" and hold the required public hearings. B. Terra Mar Village Utility Improvements - staff recommending approval of Notice to Award Bid to McMahan Construction as low qualified bidder for $710,036, and approval of Change Order #1 (due to bid exceeding budgeted amount for project), reducing the contract amount to $437,500. C. Transportation Impact Fee Study - staff recommending approval of the proposal from B & H Consultants, Inc. to prepare a Transportation Impact Fee Study for a total not to exceed $44,075; authorize the Mayor/City Manager to execute the documents; and to permit other governmental entities to piggyback on the contract for their transportation analysis needs. D. Discussion Item - determine Council's interest in entering into an exclusive solid waste franchise agreement for commercial solid waste pickup. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. Notes: 1) Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to five minutes or less. 2) All items for inclusion on the February 23, 2004, agenda must be received by the City Manager's office no later than 4:30 p.m. Tuesday, February 17,2004. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. I:\liz _ docs\agendas\ag020904reg ., " Q u o '~.~- 'rnclamatinn C0MLCe o~ thevUayo/t WHEREAS, OUI' libl'al'ics ~ll'C a cOI'ncI'stonc of'F1Ol'i(la's c(lucatiolUll systcm, l)l'ovilling programs fOl' chil(b'en, families, mlults, mId e1dcl's to cnrich thcil' lllulcl'stmuling of'the wOI'I(I; ami WHEREAS, libl'al'ics l)l'ovidc I'csidcnts of'F1ol'ida acccss to unpol'tunt l'cscm'ch about Ilcalth, cconomics, thc cnvU'onmcnt, ulul cOlllltlCSS OthCI' subjccts to SUPI)Ol't bCttCI' living comlitions and to hclp our I'csidcnts live mOl'C 1)l'o(luctivc ami f'uUiUing livcs; uml WIIEREAS, libl'al'ics SUI)pol't u compctitivc wOl'kf'ol'ce with b~LSic litCl'UCY pl'og,'l'ams, coml)utcl'S mul OthcI' I'CSOUI'CCS to help PCOI)lc Icul'n to find, cvuluatc amI usc ulfol'mation thcy nccd f'Ol' thcu' jobs, hcalth amll'ccl'cationaInce(ls; amI WHEREAS, thc cxpansion of' clcctl'onic nctwol'ks llilkIDg libl'Ul'ics anll thcu' I'CSOlll'CCS allows inf'ol'mation to bc mOl'C casily ucccssc(1 by library USCI'S, NOW, TnEREFOUE, I, Donahl A. Seluni(lt, Mayol' ofthc City of'Edgcwatcl', F1ol'i(la, (10 hCl'cby l)l'oelaim the month. of Fcbl'ual'Y 2004 as LIBRARY APPUECIATION MONTn )n _itmss Dllytrtof 9 hOlle helteutlto !let my hotld otld cou!led the glteat geaQ o~ the City o~ 8dgewatelt to be a66IXcd Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDAthis 20th day of January in the Year of Our Lord two thousand and four 0~~ Mayor . City Clerk ;t.'~. ~. ~ ~ ,;,y.. ~ ..,.;.....- -:~ I J. ~..4 .,.~ ~<!~. "4 ~ ... . - ~ ~ . \.. lJ ',' . . . .' ~'hll. \<..1-~.r.m,fl'~ -.Jif r(\l,~...f" 'iJ\}~"'1";,,~,,~,~~ ~.~Jl>~~..,~~'i-;;t.'~~'.,.a. ..,,,..It;;':\':l;.t~)~,.. ~~.;;I'rk,' ~/':{'1;~~'((.') i!!'.~~;!I- "~~~.:ml'~~)"~"}..t-;:+~-$~~~ .,f. ~ , \ '" u u Q Edgewater Librarian Ruth McCormack would like to present a report to the City Council regarding an update on the Library over the past year after the Presentation of the Proclamation declaring February 2004 as Library Appreciation Month at the February 9,2004 Council Meeting. . ~. f\. . u AGENDA REQUEST Date: January 30.2004 PUBLIC HEARING 2-9-04 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION Richard Stonecipher of Stonecipher Enterprises, owner of Earthquake Magoons, located at 132 W. Park Avenue is requesting a Special Activities permit for a Biketoberfest Annual Oyster Roast with outdoor music to be held March 5, 2004. BACKGROUND The event is scheduled for March 5, 2004, with the hours of operation being from 12:00p.m. to 12:00 a.m., outdoor entertainment will be provided from 1 :00 p.m. to 9:00 p.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500- feet have been notified of the public hearing. STAFF RECOMMENDATION ( \ The Technical Review Committee has reviewed the application and recommends approval of the special '-' activities permit to allow Earthquake Magoon's to have a Bike Week Annual Oyster Roast with outdoor music to be held March 5, 2004, based on the condition that the applicant fully complies with Section 21- 37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). ACTION REQUESTED Motion to approve the special activities permit to allow Earthquake Magoon's to have a Bike Week Annual Oyster Roast with outdoor music to be held March 5, 2004, based on the condition that the applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. o G\o~~;ct Robin atusick Legal Assistant ~~~ ~"'^-'\, -r-- Kenneth R. Hooper \ ~ City Manager -, . , . CITY OF EDGEWATER SPECIAL ACTIVITY APPLICATION o This application must be completed in its entirety and submitted to the Planning Department at least 60-days in advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION 1/5/04 FEE: $200/day Applicant Name: Sponsor/Organization Name: EARI'H;dl.i'AKE r.-~.GOON' S BAR !~. Applicant/Sponsor Address: AddresslLocation of Event: Local Contact Telephone Number: 386/428-3436 Emergency # Name of Event: ANNUl>..L BIKE ~^JEEK OYSTER ROAST Date RICHAFD S'IDNECIPHER ENrEPPP..ISES, INC. 132 W. Park Avenue, #1" Edge~~ter, FL 32132 Sarre . 386/423-0900 Description of Event: Oyster roast for Bikers with band. Date(s) of Event: Friday 3/5/04 Time(s) of Event: N:>on,... 12 :00 Set-upITear down dates: (if needed): Two days prior and tw:> days after 0 Expected Attendance: 100 bikes and their riders Will admission be charged? ( ) Yes (~No inside by k qP'" Will outside live/recorded music or sound amplification be used? (x) Yes-Hours? r,,: ~ ( ) No Will vendors be at the event? ( ) Yes ~ No How many? . rfyes, please ch kthe following that apply: Food Alcoholic beverages Soft drinks ArtsICrafts ~\ ~ 'IV- Other ( specify) What equipment will be required/used? Check all that apply. Water - Electricity x Barricades (How Many?) 2 - - Trash Cans (How Many?) - safety netting am mIleS front & reaO ~nP.c.istl ActiVitip.~ Annlir.Minnl-17-01 . j J Which of the following will be used? Banner 1 Booth u 2 Temporary Tents Fireworks/Pyrotechnics Temporary Signs Canopy Amusement Rides 2 b.D Portable Restroonis (How Many?) _ Other (specify) The following shall accompany this application: diagram attached letter attached L- u being faxed, to 286/424-2439 by--- our ins. co. . attached .j . Plan submitted to reflect location and number of vendors, parking layout, and sanitary facilities. , A letter ~tating the applicant acknowledges that they are financially responsible for all additional services provided by the City which 'may . " include, but are.hot limited to the following: trash pick up, utilities, code enforcement, law enforcement, etc. . The applicant shall post a bond or provide insurance in the amount of $200,000.00 to bold the City harmless of any and all liabilities. Submittal of a listing of all property owners within 500-feet (listing to include names and addresses of all owners arid list shall be obtained from the .v olusia County Property Appraisers Office). Type of organization: Non Profit x Charitable For Profit Individual Tax Exempt # , Name of Organization or beneficiary Federal I.D. # 59...2343458 SS # 054-30,:,,2672 Tax # 74-09-064782-90-2 If you are requesting City assistance with your event, please describe: u ~nP.r.illl Ar.tivitifl!'l Annli~l!tinn 1-17-01 ? i \.. " I,. Road closures (list street name(s) and date(s) aU streets closed for an event must be reopened 0 within 30-minutes of the end of each day of the event. N:me needed. The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the " City of Edge water Code of Ordinances. '., If sound ampl!fication is associated ,with this event, I agree to monitor the sound level so that it remains within the limits of the City' Code.' If valid noise complaints are received, I agree to reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints, the source of the noise will be terminated. , , ~/~ Signature of applicant , ... . ~nP.r.illl Activitip.ll Annlic.lltinnl-17-01 :1' Date: ~/ s /~'/ o o u . FOR OFFICE USE ONLY POLICE DEPAR'IMENT APPROVED \/ . COMMENTS/CONDITIO .-. . . r u v SIGNATURE: - /1 )CflV ' FIRE DEPARTMENT .. APPROVED ., /' DENTED COM:MENTS/CONDITIONS lV\v)\- ",,~J SIGNATUIffi: #~ ..... . ./ . PuNmNGDEP~TMENT APPROVED .., . . DENIED COMMENTS/CONDmONS SI~~TURE: .. J~. .. BtnLDING DEPARTMENT . APPROVED---V- . >DENIED cOMMENTslCONI>moNS. . . . SIGNATURE: \ - \2-&( .~...... ~J..ci DATE CrL kn- ~( """'------r ) . DATE . . . DATE . ,0:,,:".\;::.. . .., CODE ENFOR. N'L.. . .:- .. APPROvED .~~ .,..:DENIEQ.. COMMENTS/CONDmONS. . SIGNATURE: .#~ ..... / .. '.DAlE Sne:dlll Activitiell Annli~lltinn 1-17-01 4 ,. (, . STATE OF FLORIDA I \:, I' DEPARTMENT OF . I ,~ PROF,ESSIONAL BEV7400704 03/ TOB-DUAL LICENS~ 07/03 ,200332330 RETAILER OF AL ~ '. STONECIPHER E~~~~~i~E~E~~GES EARTHQUAKE. MAGOONS BAR' J: AC# 0 8 !, ,::; 'I' __::;w::: BUSINESS AlID REGULATION ~ to..-'"tL k-Q0 clli/(j'rY,I...-1i-0- It.:~ CQ.~ tUDT ()LU.& :'l.2-0fcu.V'7C.lj~L( lt~l)L02- L.~cD I 'c~L- CCO L{)~ ~ c:..l..L-~ rYLC C0--C) t.Lt~f' Clil.QCL ' '. .~ o o o .?t.. .....". .... ~ u u ~ u U) o E-i _.' ..w '.2 ,;" l./.;:j o .- ':';l.:j'P s'@ a -f [fJ ~ -f:lQ E r.lj U) x ~ - (J) ;:J > :-" :) j '" " ... {. .-'; ..... ~. .:J: \. t.. , . \ ~. .... / " "L I. \. ti C: ., J Y 'f. I. ~. "- I. \. ,;, \. (; " I. . ! /0..~ ~',/ ."\:::.::-r ~l'J '~ ." I /. J.' \ ]: , I, I ". " /" \ ,.. ~ (: ,-=. '" ~~ \ ~ ~i . . 1:1 :,i. . 01 I;. I' ,. , : ~; . i l ! ;: -. " - : : ~~ ~ i~~' i 1,.1 , :1~1 1. 'J! , r Ii ! l " ! f : ~ I' :j !: ; !~: I i: { ~ i i :::) I ~ I ; ! .~. ,. ~ I' "1 r. :..! Ii. Ai ., ;. .OJ i :: ~ . j ; !::}j ;'~rf : ~;. ~ :')':,; :hi j...: l !i~; i I' ii, . 1 I ! '-:~ I;, ~'~ ; ~.: .'~ f: ." liV) I ;~.: I'tol 0/ 'lJ i r.'j 'I :l bJ --.... '~ ~'"'-I ~i. : ~rli:J ~: i gill ~_lr ....~............_~- , . ,.. .~,;: ~ .",': ~," :' ~ . l.l...; 0 l./ ro-... w ~ ;..;.:.; "-< w Q.> ;..; ~ .....1 :; .:J ~ a ~ , i 1 (J) i i ;! , I I Qj I Y I G I ! ~ '~ ..., Q, - Qj r:; i 8 'j ::: I \.:> -... :::: :> T r . (J) \ , ~ I - - . -~I ::: ':: -, ail ~ >, =-' <; ...; i tn CJ [fJ [fJ ~ .::; m .,.j ~ >:, ~ '::J "-< 2 :3 ~ [fJ r-! - Z\ a ;~ "- ;:..J .!:l AB ..:. 8 (J) .. "2 "B :3 ....I g' C ::J ~ t3 l::::l I~ J< --.. I r-! N , ';; I j i i ! , i i I i I t , ~ ~ c :> <, I t-- -... .:::; I - I N I i "-- I J ~ I i I "1 f1 ~ J ~~ .<....../ ~ ~ ? p ...; ....; ~ - ::J .-1 ::: '::l ri. c. g ..J .:::; :7\ [fJ ....; (J) > '-1 ~ ~ :) ~ :.') 2 '3 I co ~ I '" ~ "-< ,,0 J ..... :::i ..., ij "-< 8 " '9 tiS I \~i r.l~ ;!}; I;.r:] .. . f.l.lf (tt.~ ~r.' ~:!If; 'Ki; , I,... '\.' 'l '"",: , ... "'J. .' --.. >:, ~ tr: ::; ,:) ....; > 8 ':: ~ ;Zl ]2 ~ ...; '- iY (L) l...; co 2? :.., C.J -Q ~ ~ ru 8 < r-! dl > o ~ " ~ ~ 2 ~ , . STONEX:::IPHER ENTERPRISES, INe. d/b/a EARrHQUAKE ~1AGCON' S BAR 132 W. Park l>_ve., #1 Edgewater, FL 32132 386/428-3436 January 5, 2004 o CITY OF ELG~?ATER Riverside Drive .. Fdgewater, FL 32132 RE: Special l>.ctivity PerIT'it for Bike v\Teek '04 Oyster Fbast To Whom It ~E.y Cbncern: Although we anticipate no need for additional services to be provided by the city of Edgewa.ter to accormodateour annual Bike ~;eek Oyster Ibast (same never having been previously necessary), this letter indicates our agreement that if any additional services are required", that the costs of those services \\d.ll.be reimbursed by Stonecipher Enterprises, Inc. d/b/a Ea.rthqUake Magoon's 0 Bar to the City of Edgewater. Sincerely yours, ~ I ~~&~~ RICHARD W. S'IONEX:IPHER CMner/Director o Jan. o. LUU4 J:JL~M l"VM~~fj II T I N~U~ANl"t ~t~V I \,.t~ nO.HI' r. I .. J .ACORD.. CERTIFICA.. cOF LIABILITY INSURANCb EAR'1'~QOAKE MAGOON'S BAR S'1'ONECIPHER ENTERPRISES 132 W i).MUt AVE f1 ED~TER FL 32132 COVERAGES INSUR"R C: " INSURER 0: INSURER F.: OP ID DATE IUURlOIrfYY) EARTH- 01 05 04 THIS CERTIFt::AT! IS ISSUED AS A MATTER OFINFORMAnoN ONLY AND CONFERS NO RIGHTS UPON THE CERTIfCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLCIES BELOW IN_~':'RE~~.AFFORDING COVERAGE .. .. i HAle" INSlJRtRA: COLtlMBIA CASUALTY INS co I INSUR~ IS: .... . . I" .. ..1 I I PRODUCER Brown & Brown, Ino. Oaytona Beach Office P.O. Box. 2412 )aytona Beach FL 32115-2412 Ihona:38G-252-;601 Fax:38G-239-5729 INSURED THI! POLIClfS OF INSURANCE LISTEO Ilt:LOW HAVE BfEN L<;SUIiD TO THE INSURED NAME/) AIlO~ J;()R THE POLICY PERIOD INDICATED. IlOlWlTHSTA)ll>lNG Nf( REOUIREMENT. reRUOR CONDITION O~ ANY CONTRACT OR OTHER OOCUMENT WlTl1 RESP(!CTTO WHICH THIS CI:IUlFlCATE MAY BE ISSUC:O OR WOV PERTAI'l. 1H1:: INSUlWlCE NT-ORDCO QVTHF. POUOes De5CRlllEO HfRl>lN IS SUNEC'r TO AlL T11I! T1!AMS, exCLUSIONS 1tNl> CONOrrlONS 01' SUCH PQUCIES. AGGREGATI; Ulm'S SUOWN MAY HAVE BEEN R1iDUCEl> BV PAID CUlIMS. ... ..... ':a~Y IfPeCTIve "W,1',~~N .. . LTR INSRd TYPe OF INSURANCE POLICY HUMBER UMITS GEIERAL UABlUTY ~CH OCCUR~ .~ 300,000 ~ . , ~NTEl> -. B X COMMeRCIAL GeNCRJlL I WllUTY :rcJ?250349993 10/27/03 10/27/04 !'REMISES (E. Ocx:utllllCel S 100 ~ O~.!L_ f-- o Cl"'~S ~e ~ OCCUR MED IiXP (An!,~. PIlI'lIOtI) 55,000 . l"eRSONl\I..l NN INJURY 5 309_, O~O .- .. .. --' GENF.RAI. IoGGRECA\ t! S 300,000 ..e.... .~AGGREn~Ar~SPER: PRODUCTS" COMPIOP AGG $ 30Q, O~O POl ICY . r "I LOC .. AUTOMOBILE U1081LITY . COMBINeD $I/IIGI. F. I.lUIT - S Atlf,\lJTO (1;~~'~11 - .-. .. - . AU. OWNro AUTOS BOOIl Y INJURV - S SCl-IEDULEO AUl OS (Per~l - -. ,_ '0 I-- HIREDAllTOS BODILY III/JURV (Pl:r~ S NON-OWNED AUTOS I-- ... ~.~ I-- - PROPC~TY tlAl.lo\GE S (I'.- .ecioent) ) - GARAGE UABIU1Y AUTO ONLY . fA Ac:aoENT S R ~A\JTO OTHER Tl1AN EAACC S ... .. AUTO ONLY: AGG S - [jasSIUMIJREUA UABlUrv ~~~- S - OCCUR 0 ClAIMS MADE .. AGGReGATE S - .. --.-.. s l .....-.. .. DEDUCTIIlI..E: S .. .. RETENTION S 5 I WORKERS COUPEHSA11ONAND ITORVuurrs I IUJr 911"LOY!l'\.S" LIA!lIl.lTY - ANY PROPRlIITOAIPAImlF,lw.XEClfI IV/: S.L. FIoCU I'CClOtNr 5 ..- . . .- OFFJCER~EURF.R EXCLUDEt>? E.L DlSfASe. fA E:IoIPI.OVEE S ~. dI!Stribe Ink's . ..~ CIA&. PROVlSlOIolS ~ I!.L. DISI:ASE. POLICY LMIT S 0""11( A LlQUOa LXABILITY !l'CP250349993 10/27/03 10/27/04 300,000 n 300.000 AOO DESCRIPTION OF OlIERA TlONl, lOCA 'nONS' VI!HICLI!S /9CLUStONIl ADOEt> "'I' ENIlORSfMEJIT I SPECIAL PROVISIONS RE: SPECiAL EVENTS - BIKE WEEK . BIDTOBERi'EST - FAX: 386-424-2439 CERTIFICATE HOLDER CANCELLATION EDGe! 0 1 SHOUlD AH't OF ntl ABOVE OE$C~IIEO I'OUCI~ se CAHCt:UED IIEFORE THE flU'IRATIO DATE ~~O', 111E ISSUING INSintER WILL ENDEAVOR TO MJlA, ~ DAYS ~lnEN NOTICE TO Tl1f. CEATlFICA" HOUMlilt NAMED TO THE LEFT, BUT FAILURS; TO gO so stiALL IIIPOSE NO OllUGATlON OR LIABILITY OF ANY KIND UPON. THE 1lll5URER, ITS AGENTS (lit REPRESENTATIVES. AUlMORlZED REPRESEN'r Housa @) ACORD CORPORATION 198a CITY OF BDGEWATER I PO BOX 100 .- EDGEWATER FL 32D2 WORD 25 (2D01/01) ~ \ ~ SPECIAL ACTIVITY PERMIT EARTHQUAKE MAGOON'S ADDRESS-132 W. PARKAVENUE EDGEW ATER, FLORIDA 32132 APPLICANT-Richard Stonecipher FUNCTION: Bike Week Oyster Roast with Outdoor Music o THE FOLLOWING PERMIT CONDITIONS ARE. APPLICABLE TO EARTHQUAKE MAGOON'S FOR March 5, 2004, SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activitv Permit has been issued for Earthquake Magoon's Bike Week Oyster Roast with Outdoor Music, to be held March 5, 2004. Outdoor music from 1 :00 p.rn. until 9:00 p.m. (1 day at $200.00 per day. Fee of $200.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. o 5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City an in the amount of $200,000.00. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or city administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity . permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments to provide emergency services. 9. No signage for advertising the event shall be placed on publicly owned rights-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall o " 'J u 15. 16. 17. U 18. 19. 20. 21. be removed within 1 day at the end of the event. 10. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed (10) days. 11. The proposed use shall not be permitted to operate on the same parcel owned by the same property owner more than two (2) times per calendar year. A letter of authorization from property owner must be supplied to the City. 12. The proposed use will operate only during the specific daily time period requested on application, or granted by the city. 13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. No electrical cords to be placed across driveways or driving lanes. No open flames permitted. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. Access roadways must be maintained at a minimum width of 20 feet. Overnight parking or camping is prohibited. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375- 6975), fees may be required by the State) 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. Q 25. All off site parking will require a traffic detail. 26. No parking is permitted in FDOT Right-of-Way or in visibility triangle - see attached diagram. 2 27. A Special Activity requesting road closures will provide "road closure signs" and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with and additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject of revocation if owners fail to comply with noise abatement. The noise level Ordinance 2002-0-04 will be upheld ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. Driveways must remain open to the rear of the building to allow emergency vehicle access, 2. The occupant load of the assembly area may never be exceeded, 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, 4. The applicant fully complies with Section .21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). \ o I AM AWARE THAT I WILL BE RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR TillS EVENT. 0 I have read and understand that I must comply with the above conditions. Signature Date :/(& /2jo"i tFire Chief Permit issued by: Darren Lear, Chief Planner Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning Director 3 o ,.I v . : . ,'. ..~ i~ u u ;."'.; \. - ~Jj:r;..... I' .;", - .t. lp.JtWu~mt ~. .',~ . . ;.,i ," ~-~. ~ / AGENDA REQUEST Date: J anuarv 30, 2004 u PUBLIC HEARING 2-9-04 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION Rich Fromm, owner of Rich's Place, located at 2576 S. Ridgewood Avenue is requesting a Special Activities permit for Bike Week Activities with outdoor music to be held from March 4 through March 6, 2004. BACKGROUND The event is scheduled for March 4 through March 6, 2004, with the hours of operation being from 1 :00 p.m. to 2:00 a.m., outdoor entertainment will be provided from 1 :00 p.m. to 9:00 p.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified ofthe public hearing. \..) STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow Rich's Place to have Bike Week Activities with outdoor music to be held from March 4 through March 6, 2004, based on the following conditions: 1. Driveways must remain open to the rear of the building to allow emergency vehicle access, 2. The occupant load of the assembly area may never be exceeded, 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, . 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). The applicant fully complies with Section 21-37 (Special Activity Requirements) ofthe Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). ACTION REQUESTED Motion to approve the special activities permit to allow Rich's Place to have Bike Week Activities with outdoor music to be held from March 4 through March 6, 2004, based on the following conditions: 1. Driveways must remain open to the rear of the building to allow emergency vehicle access, 2. The occupant load of the assembly area may never be exceeded, ~ 3. Daily fire, life safety and code inspections will be conducted throughout the '.. ~ duration ofthe permit, 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) 0 of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. CJ\:t.,.:- ('(-p-IJ, J~" 1( Robin Matusick . Legal Assistant ~~x~"'-\. ' Kenneth R. Hooper \f City Manager o o f u Q \.) . CITY OF EDGEWATER SPECIAL ACTIVITY APPLICATION This application must be completed in its entirety and submitted to the Planning Department at least 60-daysin advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION FEE: $200/day J-)- Date Zoo,/ Applicant Name: ~ \ ~ ff-6'M..~ Sponsor/Organization Name: ~ JA'S Y (~ €. Applicant/Sponsor Addres~: :L~ 7"'" u..... . s. 1 AddresslLocation of Event: S~ Local Contact Telephone Number: t..fU ) ~ ~ ~ Name of Event: ~ . '+~ v.J~ Description of Event: _Uu..u..J ~ I ~~ . ecCOo~..t~.l t t(?-70fe Y'/ Emergency # t>"'f ~ Dc!). l . Date(s) of Event: - '-I ~ 5" - ~ -ffiJ:YU\.lr \t>Tike(s) of Event: \ ~'" 2 '^ "^ Set-uplTear down dates: (if needed): . .-- Expected Attendance: LJ 5'- '2.. .2 S- Will admission be charged? ( ) Yes ( ~o Will outside live/recorded music or sound amplification be used? ~ Yes-Hours? j '.. .1<.:._'< ) No \ P(il . ~ pn" Will vendors be at the event? ( ) Yes 00. No How many? If yes, please check the following that apply: v Food (./'" Alcoholic beverages .,/' Soft drinks _ Arts/Crafts _ Other (specify) What equipment will be required/used? Check all that apply. IJ!!1- Water les Electricity Barricades " (How Many?) (How Many?) ~ 1 Trash Cans ~np.r.illl A~tivitif':!l AnnliC'.Atinnl-17_01 " (' " Which of the following will be used? Banner o Booth ~ vi Temporary Tents ~ _ FireworkslPyrotechnics V Temporary Signs Canopy Amusement Rides _ Portable Restrooms (How Many?) Other (specify) ~(I v~.e ,tv U :c '^' ~ ,!J.n,..e ~ . The following shall accompany this application: ,: , -==- Plan submitted to reflect location and tiumber of vendors, parking layout, and sanitary facilities. ~ A letter stating the applicant acknowledges that they are financially . responsible for all additional services provided by the City which 'may include, but are not limited to the following: trash pick up, utilities; code 0 enforcement, law enforcement, etc. . , , -- The applicant shall post a bond or provide insurance in the amount of $200,000.00 to hold the City harmless of any and all liabilities. ~ Submittal of a listing of all property owners Within SOD-feet (listing to include names and addresses of all owners and list shall be'obtained from the V olusia County Property Appraisers Office). Type of organization: Non Profit Tax Exempt # Name of Organization or beneficiary , Federal I.D. # Tax # SS#~ If you are requesting City assistance with your event, please describe: Charitable For Profit --5L Individual o ~f:CiR 1 Activitif>.~ AnnlicRtinn 1-17-01 ? U Road closures (list street name(s) and date(s) all streets closed for an event.must be reopened within 30-minutes of the end of each day of the event. u u The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the City of Edge water Code of Ordinances. If sound amplification is associated with this event, I agree to, monitOr the sound. level so that it remains within the limits of ~e City Code. If valid noise co~~laintsare received, I agree to reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints, the source of the noise will be term,inated. Signature of applicant: ~l} J~ 'DMe:~jr.. Zoo f SnP.r.illl A~tivitip.~ Annlbltinn 1-17-01 1 l . l o FOR OFFICE USE ONLY POLICE DEPART~ . APPROVED V DENIED CO:MMENTS~ONDmONS . . ~" \~ ""'j SIGNATURE: .' Qi;.. . . FIRE DEPARTMENT APPROVED V DENIED coM:MEmS/CONDITIONS . SIGNATuRE:~LQ9 . t'fy , . J DATE J. q.. t)~ f~8. kM Mi{).i. DATE \ - \ '1. -O-{ PLANNING DEP APPROVED COMMENTS/C SIGNATURE: NT . DENIED . mONS .~ '. DATE BUILDING DEPARTMENT APPROVED . cko DENIED CODE ENFORCE~NT' APPROVED . t / DENIED COMMENTS/CONDmONS SIGNATURE: I;tM --' t . . t .... '-DATE o :..' :' ". ......, -~ . - 'DATE " ..:, o. ~nf".dSl1 Activitip.!l Annlic.SItinn 1 -17-01 A. v. o -u RICH'S PLACE 2576 South US Highway 1 Edgewa.ter, FL 32141 Phone (386) .426-1333 Fax (386) 426-0017 dfromm@cfl.rr.com .ff -' -:) "o.tU L-f I :L 0" "-/ . City of Edgewater This is to acknowledge that we are financially responsible for any and all additional services provided by the Ci~f Edgewater including but not limited to, trash pickup, , .. utilities, code enforcement. law enforcement. etc. Sincerely, ,. Richard G. Fromm I "~"""l" .._.-\~.<<_.. j W [ .' .. !~ ~ ~ ~. ~ " ~ i ~ i.' ~.' r m I ,~ r-oo-------t---------t----~---------_<? ! r" 1 i r i I I '" ' ~-:.I i W' ~ 1 ~. I I f. I i f cJ ' , ~. ~ ~ ~ 't . Y j, I I . T;~'1"f"0.el-r'~lilk,!1"'JJ II . I", -4J;~-;-..Tr' ...,...-_..._-_.t---'-'-~'-'-"......--.'i _~_~_,...._~__..__~~.~._.~_~..__.~".tll.' ,~-,' ~\I!j " "-.. . ~ '. ./,'1;:: l i.'i ! ! 'la' //...j f f.:," . i ~..... : i" I ..<~} ~'l (ii.i'/ i I .:0.,...",..... -t ,~/ .~_ /. ""'-/ E'IJ5:ff~~'~' 51CA;~~i<2" ;;BIA. )<fi;;.~ ':",~6 r - r- ' :"- '" '\. ......:c-:;:.;::,.t.--......-....--.......-..-..--j--..-...-...c..---- , " '. ;~'t' ~ j De'~1t1L . .~ " " ~ TO---- ~ "" ___.--- I. - ~ -' I: -- r I. l- t " r r H f" I I f: ~ I' I (,. I. )' I e,x.s~ffli"'L . i. \ ! ! .\ t\ ~ I -,.....,,~....k_.f_._.~_.~t--.,,~~~ . .~~,~~\-l-._..,"_..~-,,_._'"~_.... .._..,_.....-....__....__._.-_.~. ..........._..+.;:;;:;:::.,.::;~.~. '1" ~....JI 1 I I 1 i ~ ~ ~ ~ i ~ ~ ~ ! ~ I I r .~. i ~ &. I .....1....w__....."................ ''''-.'' .1....-... .. ........ . ...--.....- ................. I ~ i ~. t ~ .-- .... --. .." .,.....--...... -'--"--'~":A""~::;;,,~,,-"-~""""-_o.._..~.i:.""'"'''' ','" o a a .~-~ o IJ ( o 0 becJ:::. \~ \' ; I , I I I , i ! 1 I I \ \-q~ ! I l I \~ ~! '\ ! ! /1"-1 l I ..-.....1 ! 1 l ) \ I t \. ;~ ...--.. ~ ~- ~~ I ~ tt ~ 1 ~ f :{ ~ ~ \\\\ \\\ --- / ~ ~ -...... .......... "-.... ............. I /' I I o o o - .... ..:.;"~........,,,..._...._..",.,,~,-~--,,.,,~,.,,,,, ':;'; I - -.. ') PRODUCER PHONt; AA Armlllrong Auto Insurance 2111 S. RidgewoodAve#2 Edgew3ler. FL 321.1 \J (366)427-8830 IN$URfO RICH'S PLACE 2576 S Rldgewood Ave INIlUIlEllc: E',,,,~,, Fl 32141 .. J _.gP.VERA~;.S ... ___. ...~_____. . ...." :::::.. _'~::' _. _:~ _.... .. THE POLICIES Or INSURANCE LISTED HAVE BSEN ISSUED TO THE INSURED NAMiC ABOVE FOR THE POUCY PiRIDD INDICATED. NOTWITHSTANDING~'- N1Y RSaUIRI:MENT, TERM OR CONDITION 011 ANY CONTRACT OR OTHER OOCUMENT WITH RI;SPECTTO WHICH THIS CER"TlFICATE MAy BE ISSUED OR MAY PERTAIN. THE INSURANCE! AFFORDED BY THE; POLICIES DESCRIBED HEREIN IS SUBJECT YO AlL THE TERMS. ENCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATe LIMITS SHOWN MAY HAV!; aeEN RECUCED BY PAID ClAIMS. I~" .-... "'TYPiOF INSURANCe: .. ...... POLICYNlJM8fR --....j PllllCY'ftt'tC1'M: PCl,.C'triXPliiAiioN .....- UMfTS" ... LTR . ..... '. _ ... . ... . _.llAnlltNCD/l't_ _. . ...___ C1ENE~I.IAeILrlV EACHOCC~Nel:l ... 1.000.000.00 ~ COMMERCIAl-Q~Nw.LlJMIUTY 20031119 10/15/2003 1011512004 FIRE~(>.nr...J'n)__. MSD Ii'XP lA.1'f .... """.n) rn ClAIMS MAll!; 0 OCCUl PERSONAl. ,Ai)v IN.lUIU D. o G~L AGGREGATE UMIT APPU~C1 PER. POUCY PROJI;CT --D LOO I\1lTOMOBll.E UAIlIUTY INSURER B; BENE!W.AOClIlEOATIi 1.000.000.00 1,000,000.00 PRODUCTlI. OQIo,lPIOP MG-' o AttIAlIrO o o o ~ COMIlINED SINGLE UMI'I' (E..<dd.nt) All OWNED AUTOS SCliECULEC AUTO~ IIOlJjL Y 1N.A.l~Y lI"...po.....1 HlREO A\J'I'e$ CIOIlILV 11UlJ1~ ()'... UGIdon\l NON OWNfO ^\J'I'oli PAOPllRlY ONAAt;E. ()'erllCl<lkSolnll _~E UAIIlLITY o NlY MIte o AUTO otI.V.EAACClDEN'I' OlliER THAN lIUl'e ON~Y: EAAC ACI4 uet:8S UAlllUTY q OoetJA . 0 ev.IfM ~ E^Otf QCC:UP.RENOe ^CQRIlGA"'iil---'--'--- .. .B__;;;;~...__ WORIWUi COMP!NSA110N ANa EMPlOVeR'- \.Wl,Urr ~~~5J~~-U~ E.L EACH ACCIDENT E.L DfSEAllE . EA EMPLOYOE E.L.lllseME - P<X.lCY UMIT OTHER OUCRJ~T'OI4 OF Opt;RAT10H$ILOOAT1ON$/\/EHlOLC~ION:i AOO!O BY !NDOASEMENTIliPEClAL PAOIIl&l0N8 CERTIPICA TE HOL.Ol!ft ..._~ ~~'~NAlINSURED; INSU~ ~::.r.~~_____ CITY OF EOOEWATER PO BOX 100 EOGEWATER, FL. 32132 fAX 424.242"3 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES ae CANCeLLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSUR~R WILl. ENDEAVOR TO MAIL ..1L DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMeD TO THE LEFT FAILURE; TO DO SO SHALL IMPOSE NO 08LIGA'J'JON OR LIABILITY OF AN IND PON THE URER, ITS AGIiNT~R REP~SENTATlVES. . r .W_M'~ r+T7 '\" 7(+-1 OCORD 25-S (7/97) 11i1/H) 39\;;1d SNI 9NO~lSW~\;;I \;;I \;;I pl81Llp98E1 ~1:Dt D007./R~/T~ SPECIAL ACTIVITY PERMIT RICH'S PLACE ADDRESS-2576 S. RIDGEWOOD A VENUE EDGEWATER, FLORIDA 32141 APPLICANT-Rich Fromm FUNCTION: Bike Week Activities with Outdoor Music o THE FOLLOWING PERMIT CONDITIONS ARE APPLICABLE TO RICH'S PLACE FOR March 4 Through March 6, 2004, SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activity Permit has been issued for Rich's Place Bike Week activities with Outdoor Music, to be held March 4 through March 6, 2004. Outdoor music from I :00 p.m. until 9:00 p.m. (2 days at $200.00 per day. Fee of $600.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. o 5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City an in the amount of $200,000.00. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or city administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments to provide emergency services. 9. No signage for advertising the event shall be placed on publicly owned rights-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall o ': v 15. 16. 17. U 18. 19. 20. 21. be removed within 1 day at the end of the event. 10. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed (10) days. 11. The proposed use shall not be permitted to operate on the same parcel owned by the same property owner more than two (2) times per calendar year. A letter of authorization from property owner must be supplied to the City. 12. The proposed use will operate only during the specific daily time period requested on application, or granted by the city. 13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. No electrical cords to be placed across driveways or driving lanes. No open flames permitted. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. Access roadways must be maintained at a minimum width of 20 feet. Overnight parking or camping is prohibited. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375- 6975), fees may be required by the State) 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. u 25. 26. All off site parking will require a traffic detail. No parking is permitted in FDOT Right-of-Way or in visibility triangle - see attached diagram. 2 27. A Special Activity requesting road closures will provide "road closure signs" and barricades. o 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with and additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject of revocation if owners fail to comply with noise abatement. The noise level Ordinance 2002-0-04 will be upheld ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. Driveways must remain open to the rear of the building to allow emergency vehicle access, 2. The occupant load of the assembly area may never be exceeded, 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). I AM AWARE THAT I WILL BE RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR TillS EVENT. o I have read and understand that I must comply with the above conditions. Signature Date Pennit Reviewed/Approved by: J1~s~ Po . e Chief ~B2~ Fitf hief Permit issued by: Darren Lear, Chief Planner Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning Director. o 3 ,/ u 3'BN"'nAi1IB~1 u .'j'.,:, .~ ., Q ?'~: ~.' . : ~. .!;r.'<.... 4~~ ~~~~:: ....,. ~~ . ...:." ,: ,. ;,' ~ .". .", ~ u i 'c AGENDA REQUEST Date: January 30. 2004 PUBLIC HEARING 2-9-04 ORDINANCE RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION Tanya Girvan, owner of No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a Special Activities permit for Bike Week activities with outdoor music to be held February 27 through March 7, 2004. BACKGROUND The event is scheduled for February 27 through March 7, 2004, with the hours of operation being from 9:00 a.m. to 3:00 a.m., outdoor entertainment will be provided from 1:00 p.m. to 9:00 p.m. The applicant is requesting Boston Road be closed from 106 Boston Road to U.S. Hwy 1 on February 29, 2004 from 3:00 p.m. to 9:00 p.m., March 3,2004 from 3:00 p.m. to 9:00p.m., March 4,2004 from 3:09.: p.m. to 9:00p.m, March 5, 2004 from 1 :00 p.m. to 9:00p.m., and March 6, 2004 from 3 :00 p.m. to 9:00p.m. [ , The applicant will be responsible for any law enforcement and other expenses the City incurs during this ~ event. Property owners within 500-feet have been notified of the public hearing. u ST AFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval ofthe special activities permit to allow No Name Saloon to hold Bike Week activities with outdoor music to be held February 27 through March 7, 2004, based on following conditions: 1. Gates in the fence must remain unlocked for emergency ingress/egress, 2. Access must remain open to the rear ofthe building to allow emergency vehicle access to open area on the south side of the business, 3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent immediate access for its use, 4. The occupant load of the assembly area may never be exceeded, 5. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, 6. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). 7. Road closure signs must be in place prior to issuance of the Permit. ACTION REQUESTED Motion to approve the special activities permit to allow No Name Saloon to hold Bike Week activities with outdoor music to be held February 27 through March 7, 2004, based on following conditions: 1. Gates in the fence must remain unlocked for emergency ingress/egress, '. '- 2. Access must remain open to the rear ofthe building to allow emergency vehicle access to open area on the south side of the business, 3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent 0 immediate access for its use, 4. The occupant load of the assembly area may never be exceeded, 5. Daily fire, life safety and code inspections will be conducted throughout the duration of the permi t, 6. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). 7. Road closure signs must be in place prior to issuance of the Permit. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. C1co~--r:/~, Robin Matusick ~ Legal Assistant v,~&.$~~ ~U" Kenneth R. Hooper \ City Manager o o : u u u e,':.t,::;d DEe 1 ~ 2003 ,CITY OF EDGE WATER SPECIAL ACTIVITY APPLICATION '. ':.t':\I'\3l(~pt-nerll This application must be completed in its entirety and submitted to the Planning Department at least 60-daysin advance of the activity; Incomplete applications will be returned to the applicant ,and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION FEE: $200/day I ~ "11 ~03 ~ ~ 'r r --Pate Applicant Name: \ ~ ~('1 ~- (J D\ R.'-l~, . Sponsor/Organization Name: J$ t? ~ ~ J'-t t:' ~ cJ eo...) . Applicant/Sponsor Address: f;.OtD! - Q, i -fj e ~Q " U Address/Location of Event: ~C;Ct-\ e . , '-\V6 u \ \ Local Contact Telephone N~ber: L.}).g . q:;. ':2..1_Emergency # 314-) 5::?::!) Name of Event: li..J( e W-e-eJ('__. , Description of Event: 13 o"N D .s \J e...N DolZ3 Date(s) ofEvent:~4~p Lf Time(s) of Event: :- --r ~(),I!l' :'1t:l.1h Set-upffear down dates: (if needed): a. .:l lj.() 3/ 3- lo'L)3 ", . ," '" /4'\' fi't.- mt Expected Attendance: h IJ/N Of<.-~ i/S 10 -:;>(./1000 (dB;-It. ' J Will adniission be charged? ( ) Yes (--1'No '. Will outside live/recorded mosicor sound amplification be osoo? ef'fes-Hours? Lf4 ( ) No Will vendors be at the event? (.;( Yes ( . ) No How many?, cJO If ye's, please check the following that apply: , / Food /' Alcoholic beverages // Soft drinks /'" Arts/Crafts _ Other (specify) What equipment will be required/used? Check all that apply. /" Water / / / Electricity Barricades Trash Cans (How Many?) (How Many?) J.S- :)0 ~nf'.c.i~1 Ar.tivitip.!; Annlir.Rtinn 1.17.01 Which of the following will be used? Banner o -:7 Booth Temporary Tents FireworkslPyrotechnics / . Temporary Signs. Canopy Amusement Rides -7 Portable Restrooms (How Many 7) jO ~ / :J-;- . Other ( specify) The following s}1all accompany this application: . . . . ' V Plan submitted to reflect location and number of ve~dors, parking layout, ,. and sanitary facilities. ~ . A letter stating the applicant acknowledges that they are financially.. ... ". responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code // enforcement, law enforcement, etc. The applicant shall post a bond or proyideinsurance'in the amount of $200,000.00 to hold the City harmless of any and all liabilities. Submittal of a listing of all property owners within SOO-feet (listing to include names and addresses of all owners and list shall be obtained from the .0 ,~ /" V olusia County Property Appraisers Office). Type of organization: Non Profit -'--- /. Charitable For Profit Tax Exempt # Name of Organization or beneficiary Federal LD. # Tax # 5'Cf 313LfdJ3 Individual SS # o ~np.ci~1 Activitip.'l AnnlicMinn 1-17.01 ? ; u u u , , Road closures (list street name(s) and date(s) all streets closed for an event must be reopened within 30-minutes ofth~nd of each day of the event. .R 0-:::'-:\0 to Qy ~ _ 'i"\~ t.\ - ;) - G 1V\~ q 3,-.qp MOJl~cJ~b ~f M ~ 1'" 3 p. Cfr ;febufuP-J;;2.9 3t.qf- The applicant shall comply with all requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Ch~pter ,I 0, Article ill (Noise) of the City of Edge water Code of Ordinances. If sound amplification is associated with this event, I agree to monitor'the sound l~vel so that it , , remains within the limits of the City Code. If valid noise complaints are received, I agree to I . - . c" -~'. . , ". . ._ .. . . . , reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints, the source of the noise will be terIllfuated. ", Signature of applicant: ~~ " ,Date: 10- ~t1ID ~\~~ ~~.~ ~nP.r.illl Ac:tivitif':~ Annli~lltinn 1-17-01 1 FOR OFFICE USE ONLY o POLICE DEPARTMENT APPROVED V DENIED COMTvIENTS/CONDITIONS SIGNATURE: ;1 +J;;i( FIRE DEPARTMENT APPROVED 1...,./ DENTED CO:M:MENTS/CONDITIONS SIGNATURE: 9-02 (}'~A PLANNING DE~TMENT APPROVED I . DENlED - COMMENTS/CONDITIONS ~. SIGNATURE: !)tPiktfl ~ BUILDING DEPARTMENT f APPROVED l:/- DENlED COMMENTS/CONDITIONS . J DATE -Z.:z. 6<1 DATE {.. (0:{ -u'-{ . , DATE~ SIGNATURE: DATE ;l/~/~J . f I ..:" .,. o ':i : CODEENFORCEMENV APPROVEI>. C....-/ DENIED COMMENTS/CONDITIONS . . DATE-1.1l~l()4 SIGNATURE: ;:Ijl6~ ~ o ~nP.dlll A~tivitjp.!l Annli~lltjon 1- 17.01 4 '.1\1111. IWlllrw. -..140... n\. '-'..__ 1I~1l!aIIWIllOil'__...,n_r'l._""I"'_'" . _^,_. _.'''.... .......n_II...~ __....101 ._.. -'''''''::# _..,..... I' 'w,....~ ...............-, .... t._~. 6, "'" .. ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 HI I DATE (MMiDDIYYYYI GIRVA-l OJ./13/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION QUICK 6i ASSOCIATES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A division of Sihle Ins Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR l300 S WOODlAND BLVD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DElAND FL 32720 Phone: 386-736-6444 Fax:386-736~6772 INSURERS AFFORDING COVERAGE NAIC# INSURED INSlJRER '" Essex. Insurance COII;>any INSURER B: 8urlington Insurance Co. No Name Saloon INS\JRERC: FRISCO 200J. S. Ridgewood Ave. INS\JRERD: Edgwater FL 32J.41 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BaOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIACATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~;; "'~L POUCY NUMBER P~~Y':~~~~ P~~Y ~-:o~~ LlMITB NSRD TYPE OF INSURANCE OENEItAl,.UABIlITY EACH OCCuRRENCE S 300000 f-- =:e~~E21~:~ence) B ..!- CDMIof'RCIAl GENERAL UABUTY 2648000589 08/09/03 08/09/04 s 50000 :=J Cl.AIMS IoW)E [!] occ~ MEo EXP (Mf one person) $ J.OOO f-- PERSONAl. 8 N:N INJURY S 300000 f-- GE_AGGREGATE $ 600000 f-- GEN'l AGGREGME lJloIT APPUES PER: PROOUCTS - CCIlIP/OP AGG S 600000 il n :RO- nLOC POLICY JECT AUTOMOBILE UABIUTY COMStlEDSNGLE UMT - S Nf'( AUTO (Ea auldert) - ILl. OWNEO AUTOS 80CALY INJURY - S SCHEOUUO AUTOS (Per petSon) - !tREO AUTOS eoaL Y IIWRY - S NO'j.(lWNEO AUTOS (Per acctlenti - - PROPERTY OMIAGE S (per aCCIdent! ) CAAAGE LlABIUTY ,auTO ONl. y. EAACCIOENT $ ==i Nf'( AUTO. OTHER TIW\ EAACC $ AUTO oNl.. ~ AGel s EXC&sUJMllR&U.to UABIUTY EACH OCCURRENCE $ =:J OCCUR 0 ClAIMS rMlJE AGGREGATE S S ==i OElXJCTl9..E S RETENTION s s WORKiRS COMPiNSATlON AND XIT~~ I 10:- C &MI'\..OY&lS' UAlIUTY WC10401J.200 04/29/03 04/29/04 All'( 'ROf'RIeTORIPARTN~C1JT1YE EL EACH ACCIDENT S 100,000 OFfICER/MEMBER EXCLUDEO? E.L. OISEASE. EA EMPLDYEE $100,000 rr yes. de,tflbe under S 500,000 SPEcw. PROVISlJNS blllOW E.L. DISEASE - POLICY LMIT OTHER A Property Section 3.CF8201 08/09/03 08/09/04 DeSCRIPTION OP OPERAnONS / LDCAnONS / Y1!HICLI!B / EXCLUSIONS ADDm BY ENDORSEMENT / SPEew. PROVISION' CERTIRCATEHOLDER CANCELLATION CITYEDG SHOULD ANf OF 1H& ABOVE DESCRIBED I'OUelEB BE CANCELLED BEFORE THE EXPlRAnON DATI THERlOP. THIISSUlNG INSURER W1U,INDEAVOR to MAIL 10 DAYSWRmlN NOnCE TO THE CERTIFICATE HOLDER _ED TO TIE LEFT, BUT FALURE TO 00 SO SHoUL IMPOIE NO OBUCAnON OR UABlUlY OF ANY KIND UPON THE INSURER. ITS AGENTS DR AllON 1988 }d - )q~o 3 o ~~~~; ~) c)0J~~D~~ ~~~,~~~r- . .. -~~~~~ ~ < .~~~. ~ \\) "-u ~ 0 ~~O-"{j -~~ C5~~ \)\ Q.) ~ ~ c;c&~'"h- o \ I I I I h . I I d ,J ~ d hi - (\P ~, i I QJ I . --,II'~~ ____ -=g- D Ill!., [)~X X X X /< .x:R <:)Ii - ><. {f,. ~ x, ~j ~I)( f)<X v~ ~ $ '\ f'\J D~6-\-ot0 ----9 o f't:P () 1 I IJJ ~ ~ <D --- >< c1'2 (::L =1 if) @ 03 .r X )1. QG;( rJ 5 :i1n ~ P ~ $ <lJ V 0 ~ ~ j 0- 9r9 :l- \J~?V II J) '< P~99VPP~ Xc;:( ?P99?\l?-? 'x '>\ 'x c:t ~ ct )\ 'J;;l(l '>< cL "'()vg X X '1 3~--Vt,~ X- X . AUGUST 21,2003 o TO WHOM IT MAY CONCERN; '. PLEASE BE ADVISED THAT THE NO NAME SALOON HAS MY PERMISSION TO USE MY LOT ON THE WEST SIDE OF . '. US 1 DijffiCTLY.ACROSS FROM THE BAR FOR PARKING DURING ANY OF THEIR SPECIAL EVENTS. IF YOU HAVE ANY QUESTIONS PLEAS'E.FEEL FREE TO CONTACT. ME. . 0 . . . , " . THANK YOU ..... . .~... '. ':." . ~~':{I7!/~'. . l~ ' . DAVE McCALLISTER' . o. U JANUARY 13,2004 CITY OF EDGEWATER THE OWNERS OF THE NO NAME SALOON, PATRICK AND TANYA GIRVAN HAVE MY PERMISSION TO USE MY LOT ON THE CORNER OF BOSTON ROAD AND US 1 FOR ANY SPECIAL EVENTS THAT THEY MAY HAVE FOR A ONE YEAR PERIOD OR AS LONG AS I FAGG SHAWVER OWN THE PROPERTY. THE OWNERS OF THE NO NAME ACCEPT ALL LIABILITY WITH REGARDS TO THE PROPERTY DURING THESE EVENTS. u THANK YOU . ~~~ FAGG SHAWVER. u SPECIAL ACTIVITY PERMIT NAME-NO-NAME SALOON ADDRESS-2001 S. RIDGEWOOD AVENUE EDGEWATER, FLORIDA 32141 APPLICANT-TANYA GIRVAN FUNCTION: BIKEWEEK ACTIVITIES AND OUTDOOR MUSIC o THE FOLLOWING PERMIT CONDITIONS ARE APPLICABLE TO THE NO-NAME SALOON FOR FEBRUARY 27 THRU MARCH 7,2004, SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activitv Permit has been issued for The No-Name Saloon for Bike Week Activities and Outdoor Music, activity to be held February 27 through March 7,2004. Outdoor music from I :00 p.m. until 9:00 p.m. (10 days at $200.00 per day. Fee of $2.000.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that"use. 4. A description of adequate provisions for parking will be supplied in advance to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. o 5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City an in the amount of $200,000.00. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or city administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments to provide emergency servIces. 9. No signage for advertising the event shall be placed on publicly owned rights-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall o u be removed within 1 day at the end of the event. 10. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed (10) days. 11. The proposed use shall not be permitted to operate on the same parcel owned by the same property owner more than two (2) times per calendar year. A letter of authorization from property owner must be supplied to the City. 12. The proposed use will operate only during the specific daily time period requested on application, or granted by the city. 13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 15. 16. 17. Q 18. 19. 20. 21. No electrical cords to be placed across driveways or driving lanes. No open flames permitted. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. Access roadways must be maintained at a minimum width of 20 feet. Overnight parking or camping is prohibited. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375- 6975), fees may be required by the State) 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. 25. '-> 26. All off site parking will require a traffic detail. No parking is permitted in FDOT Right-of-Way or in visibility triangle - see attached diagram. 2 27. A Special Activity requesting road closures will provide "road closure signs" and barricades. 28. A special activity with heavy/congested vehicular and!or pedestrian traffic will provide "congested area ahead" signs along with and additional generated light system that will illuminate the area of crossing/congestion. o 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject of revocation if owners fail to comply with noise abatement. The noise level Ordinance 2002-0-04 will be upheld ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. Gates in the fence must remain unlocked for emergency ingress/egress, 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business, 3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent immediate access for its use, 4. The occupant load of the assembly area may never be exceeded, 5. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, 6. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance). POLICE: BOSTON ROAD WILL BE CLOSED FROM 106 BOSTON ROAD TO U.S.1 ON FEBRUARY 29, 2004 FROM 3:00P.M. TO 9:00P.M., MARCH 3,2004 FROM 3:00P.M. TO 9:00 P.M., MARCH 4,2004 FROM 3:00P.M. TO 9:00 P.M., MARCH 5, 2004 FROM 1:00 P.M. TO 9:00 P.M. AND MARCH 6, 2004 FROM 3:00 P.M. TO 9:00 P.M. I AM AWARE THAT I WILL BE RESPONSIBLE FOR REIMBURSING THE CITY IF 0 ADDITIONAL SERVICES ARE REOillRED FOR TillS EVENT. REIMBURSEMENT FOR SERVICES AT THE RATE OF $30.00 PER HOUR PER OFFICER WILL BE REOillRED IF THE CODE COMPLIANCE OFFICER HAS TO RESPOND MORE THAN ONE TIME EACH DAY TO AFTER HOURS COMPLAINTS. I have read and understand that I must comply with the above conditions. Date Signature Permit Reviewed! Approved by: Permit issued by: Darren Lear, Chief Planner Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning 0 Director 3 u ~ ': C; Q ';'\ ":J;'" ,/tir;~.... -.',.;;.; .~. . 11... , . 'i,,::,q _JU"U~r . ,'. L . . ":. oW... . :~': ;.11 . ;~ NO-NAME SALOON 2001 S. RIDGEWOOD AVENUE EDGEWATER, FLORIDA 32141 APPLICANT-PATRICK & TANYA GIRVAN FUNCTION-"BIKEWEEK 2004" o STATEMENT FO~ POLICE SERVICES. 4 POLICE OFFICERS @30.00 PER OFFICER PER HOUR 3/4/04 2:00pm - 9:00pm 28.0 man/hrs $840.00 2 POLICE OFFICERS @ $30.00 PER OFFICER PER HOUR 3/5/04 3/6/04 2:00pm - 8:00pm 2:00pm - 9:00pm 12 .0. man/hrs 14 . 0 man/hrs 360.00 420.00 TOTAL 50.0 man/hrs $1620.00 o --------------------------------------------------- I agree to pay to the City of Edgewater any additional monies should additional time and manpower be required. ~~ Slgna re \ .- 30--0Y Date o '~ u o u ~ ~.b AGENDA REQUEST Date: February 3. 2004 PUBLIC HEARING x RESOLUTION ORDINANCE February 9. 2004 BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: Ordinance No. 2004-0-06 The City of Edgewater requesting the annexation of certain real property located at 4115 S. U.S. Highway 1 into the City of Edgewater. PROPOSED USE: Marina and related facilities to be known as Edgewater Harbor LOCATION: East of US Highway 1 and south of the Hacienda Del Rio, and north of Boston Whaler (PID # 8538-01-00-0100) AREA: 60::l: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Industrial ZONING DISTRICT: Volusia County 1-3W (Waterfront Industrial) VOTING DISTRICT: 4 SURROUNDING AREA Current Land Use FLUM Desienation Zoning District North Hacienda Del Rio Commercial, V olusia County - B-3 (Highway Commercial), Urban Medium Intensity Volusia County MH-I W (Mobile Home Park) East Indian River Indian River Indian River South Boston Whaler V olusia County - Industrial Volusia County 1-3W (Waterfront Industrial) West Vacant V olusia County - Industrial V olusia County 1-1 (Light Industrial) & 1-4 (Industrial Park) AN-Edgewater Harbor ') ~ Background: The current owner of this property is Volusia County. The County and Edgewater Harbor, LLC, has agreed for the City to initiate annexation proceedings prior to closing of the subject property. 0 The property is the former site of Pre-Stress Concrete and is contiguous to the recent annexation of the Hacienda Del Rio highway frontage parcel. A "conceptual plan" was provided at the Special Council meeting on November 10,2003. The Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation at the regular meeting of March 12,2003. Land Use Compatibility: The proposed use will provide a suitable transition and buffer between the residential and industrial uses. Adequate Public Facilities: This site is within the City retail water and sewer service area and has access to US Highway 1. A preliminary concurrency assessment shows no adverse effects on the City's Level of Service standards. A detailed concurrency analysis shall precede construction approval. Natural Environment: Prior to any development, a detailed environmental assessment must be provided. The developer must also obtain all required State, County, and City permits prior to any construction. Other Matters: A Comprehensive Plan Land Use Amendment and Rezoning will occur at a later date. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2004-0-06 for the annexation of 60:!: acres of property located at 4115 S. US Highway 1, south of the Hacienda Del Rio Mobile Home Park and north of Boston 0 Whaler. ACTION REQUESTED: Motion to approve Ordinance No. 2004-0-06 for the annexation of60:!: acres of property located at 4115 S. US Highway 1, south of the Hacienda Del Rio Mobile Home Park and north of Boston Whaler. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 11-10-03 AGENDA ITEM NO. Re;L~bm~ Darren Lear \. Chief Planner ~~ Robin Matuslck Paralegal \(v---~Q \\009""- "-c.\O"'" Kenneth R. Hoo;er \ \ City Manager o AN-Edgewater Harbor ~ -. u v - u ORDINANCE NO. 2004-0-06 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 4115 SOUTH U. S. HIGHWAY #1 (PARCEL IDENTIFICATION #8538-01-00-0100), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY AND TERMS OF THE ANNEXATION AGREEMENT; AMENDING THE DESCRIPTION OF CITY OF EDGEW ATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIACOUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On May 5,2003, the City of Edge water adopted Ordinance #2003-0-07 annexing the 60 acres located at 4115 South U. S. Highway #1. The effective date of the ordinance was to be upon the date of closing and recording of documents reflecting the County of V olusia deeded the property to Seashore Marina, LLC. 2. Due to the County of V olusia and Seashore Marina, LLC not completing the closing on the property, the property was never annexed into the City. 3. On November 6,2003, the County of V olusia and City of Edge water entered into an Agreement to Sell and Purchase the 60 acre parcel. On , 2004, the County and City entered into an Assignment of Agreement to Sell and Purchase the subject property with StI tlck t1110tlgh passages are deleted. Underlined passages are added. 2004-0-06 1 Edgewater Harbor, LLC. 4. The County and Edgewater Harbor, LLC has agreed for the City to initiate annexation proceedings prior to closing of the subject property. 5. The contract purchaser has voluntarily petitioned the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 6. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 7. The boundaries of voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 8. During the Planning and Zoning Board meeting on March 12, 2003, the Board recommended by a vote of 7 to 0 that the property be annexed into the City. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW ATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality and to the terms ofthat certain Annexation Agreement with Edgewater Harbor, LLC, which is attached hereto and incorporated by reference as Exhibit "C". 2. The boundaries ofthe City of Edge water are hereby redefined to include the property Strtlck tmotlgh passages are deleted. Underlined passages are added. 2004-0-06 2 " , o o o ,. , , u o u described above and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies ofthis ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the V olusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. EFFECTIVE DATE. This ordinance shall take effect upon date of closing and recorded documents reflecting that County of Vol usia deeds title to Edgewater Harbor, LLC. StltlGk t1notlgh passages are deleted. Underlined passages are added. 2004-0-06 3 PARTE. ADOPTION. After Motion by and Second by the vote on the first reading/public hearing of this ordinance held on February 9, 2004, was as follows: AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading/public hearing of this ordinance held on February 23,2004, was as follows: AYE Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter Shuck tmough passages are deleted. Underlined passages are added. 2004-0-06 4 NAY '\ o o o ,. .J u Q Q PASSED AND DULY ADOPTED this 23rd day of February, 2004. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A.,Cookson, Esquire City Attorney Foley & Lardner StItlGk tlnough passages are deleted. Underlined passages are added. 2004-0-06 CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 23rd day of February, 2004 under Agenda Item No. 6 5 EXHIBIT" A" LEGAL DESCRIPTION That part of the south 924 feet as measured on the East right of way line ofU. S. Highway No.1, Highway of Lots 1,4 and 22, Assessor's Subdivision ofthe C. E. McHardy Grant as recorded in Map Book 3, Page 152, Public Records of Vol usia County, Florida, lying north of Riverfront Estates Subdivision as recorded in Map Book 19, page 18, Public Records of Vol usia County, Florida, and that part of Sections 13 and 24, Township 18 South, Range 34 East, lying East ofU. S. Highway No. 1, and between the Westerly proj ection ofthe North and South lines of the above-described property. Contains approximately 60 ! acres. Parcel #8538-01-00-0100. Subject to those certain Utility Easements (parcel "A" & Parcel "B") in favor of V olusia County recorded June 3, 1992 in Official Records Book 3749, Pages 4119 - 4120, Public Records of V olusia County, Florida. Stt tlGk thtongh passages are deleted. Underlined passages are added. 2004-0-06 6 -, ... o o o :..'t'. 'as u --- L~' ~ ..----..~.-/---~ ~ ~---~ ell .... ~ , ,~ <{zE (J , " , " .. . \ Oi ~~ ~ . . _<1 u \\j ~'i.. '.~' ~v ",c..,,-~ ~ I : ~1ci. V u '-.) cr~~ . AGENDA REQUEST Date: 1/30/04 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT xx ITEM DESCRIPTION: Recommendation of Bid Award, Bid #03-ES-O 1 Terra Mar Village Utility System Improvements BACKGROUND: When the Terra Mar Utility System was purchased by the City of Edgewater, it was with the understanding certain improvements would be undertaken to bring the system into compliance with City standards. These initial improvements are to be paid by the existing property owners/residents of Terra Mar through a monthly charge on their utility bills. Improvements include repairs to sewer lines, abandonment and demolition of the existing water treatment and wastewater treatment plants, main lift station upgrade, new force main, and water system improvements for fire protection. STAFF RECOMMENDATION: The lowest proposal for Bid #03-ES-Ol was from McMahan Construction in the amount of $710,036. Due to the bid exceeding the budget amount for the project, Change Order No. 1 for a contract reduction of $272,536 is recommended which would bring the revised contract amount to $437,500. Staff recommends award of bid and approval of change order no. 1. The deleted items will not cause a significant reduction in the level of service to the residents. ACTION REOUESTED: A motion to award bid #03-ES-Ol to McMahan Construction as low qualified bidder for the amount of$710, 036, and to approve change order no. 1 to the contract reducing the contract amount by $272,536, resulting in an approved project cost for the Terra Mar Village Utility System Improvement Project of $437,500. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES Yes NO xx DATE: AGENDA ITEM NO. Respectfully submitted, ~~\~ De:tirector ~~~J~ek Robin Matusick, Paralegal ,\ ~.~~ Ke eth R. Hooper / City Manager \~ { ~"N\s. c>~~,<:.t.. C:\MyDociments\TerrysFiles\AgendaRequest RICHARD W. FERNANDEZ. P.E. MARK A. HMlPTON. P.E. BRAD T. BlAIS, P.E. DAVID A. KING. P.E. ANDREW M. GIANNINI, P.E. Quentin L. Hampton Associates, Inc. Consulting Engineers p.o. DRAWER 290247 PORT ORANGE. FLORIDA 32129-<l247 ~. TELEPHONE 1_ 3861761-6810 " FAX # 3861761-3977 EmaU: qlha@qlha.com o January 21, 2004 Mr. Terry Wadsworth . City of Edgewater P.O. Box 100 Edgewater, FL 32132 Re: Terra Mar Village Utility System Improvements Dear Terry: We have reviewed the bids receivedby the City of Edgewater on December 9, 2003. . The lowest proposal received was from McMahan Construction in the amount of $710;036. They are well qualified for thistype of work and we recommend award. The total bid amount exceeded the project budget. Representatives of the City and Quentin Hampton Associates met with the Contractor in an effort to reduce the project 0 scope and cost. It was determined that three items should be deleted from the scope as follows: 1. Red Bass Pump Station 2. Rehabilitation of 6" gravity sewer. 3. Water service meter replacement. . Deletion of those items would reduce the Contract amount by $272,536. Thus, the Contract amount after Change Order. No. 1 would be $437 ,500. If you have any questions regarding this, please. call. . . Very truly yours, QUENTIN L. HAMPTON ASSOCIATES, INC. .~~,PE) President RWF:kl o .., \:OHAAO W. FERNANDEZ PE MARK A. HAMPTON, P.E. BRAD T. BLAIS. P.E. DAVID A. KING, P.E. ANDREW M. GIANNINI, P.E. u Quentin L. Hampton Associates, Inc. Consulting Engineers P.O. DRAWER 290247 PORT ORANGE. FLORIDA 32129-0247 TELEPHONE 386/761-6810 FAX # 386/761-3977 Email: qlha@qlha.com January 30, 2004 Mr. Terry Wadsworth Director of Environmental Services City of Edgewater P.O Box 100 Edgewater, FL 32132 CITY OF EDGEW A TER TERRA MAR VILLAGE UTILITY SYSTEM IMPROVEMENTS Dear Terry, o Enclosed please find six (6) copies of Change Order No. 1 for the above referenced project. Upon approval of the change order, please sign all copies and return to our office for distribution. If you have any questions, please do not hesitate to contact our office. Very truly yours, QUENTIN L. HAMPTON ASSOCIATES, INC. ~~~ Richard W. Fernandez, P.E. cJ President ------....-.. RWF:km. Enclosures u t wadsworth terra mar village 1-30-04 CONTRACT MODIFICATIONS CHANGE ORDER NO.1 ~~' Date: January 21,2004 o Project: Terra Mar Village Utility System Improvements City of Edgewater, Florida Contractor: McMahan Construction 123 East Indiana Avenue Deland, FI 32721 Reasons for Change: 1) Deletion of Red Bass Pump Station 2) Deletion of the rehabilitation of 6" gravity sewer 3) Deletion of water service meter replacement SUMMARY OF CHANGES Net Deletion by Change Order No.1 $ (272,536.00) SCHEDULE OF ADJUSTED CONTRACT COSTS Original Contract Amount Net Deletion by Change Order NO.1 Contract Amount after Change Order No.1 $ 710,036.00 $ (272,536.00) $ 437,500.00 NO ADDITIONAL TIME IS REQUESTED AS A RESUL T OF THIS CHANGE ORDER o Enqineer's Certification . I hereby certify that the accuracy of the support cost data attached hereto and, that in my considered professional opinion, the prices quoted are both fair and reasonable and in proper ratio to the cost of the original work contracted for under competitive bidding. The change is acceptable. McMahan Construction By: ~~~P"/r Robert Kellogg Quentin L. Hampton Associates, Inc. eer By: Title: President Title: President Date: J ~ "Z..::5. z..o 0 ~ . Date: f5t!'/(JV ATTEST: By: THIS CHANGE IS ACCEPTED BY CITY OF EDGEWATER, FLORIDA City Clerk By: Date: Title: Date: o c:\mydocuments\public\masterforms .) 1 u u Q q .c., AGENDA REQUEST Date: 1/30/04 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT xx ITEM DESCRIPTION: Proposal for Transportation Impact Fee Study B & H Consultants, Inc. BACKGROUND: In order for the City Council to levy a fair and equitable Transportation Impact Fee to address expansion of the City road system, it is necessary to conduct a detailed study by experts in Transportation analysis. B & H Consultants, Inc. in cooperation with Leftwich Consulting Engineers, Inc., proposes to prepare for the City of Edge water, a Transportation Impact Fee schedule, an associated draft enacting ordinance, and documentation of proposed mechanisms for the determination of alternative transportation impact fees and transportation impact fee credits. B & H Consultants, Inc. has performed rate analysis for the City and has been successful in securing several grants so they are familiar with existing infrastructure, budget, and accounting concerns within the City. STAFF RECOMMENDATION: Staff recommends approval of the proposal from B & H Consultants, Inc. to prepare a Transportation Impact Fee Study as outlined in the attached proposal for a not to exceed amount of $44,075.00. Staff also recommends this contract be made available to other governmental entities to piggyback for their individual transportation analysis needs. ACTION REQUESTED: A motion to accept the proposal by B & H Consultants, Inc. to perform a Transportation Impact Fee Study for the City of Edgewater at a not to exceed cost of $44,075.00 and to authorize the Mayor or City Manager to execute the necessary contract documents on behalf of the City and to allow other governmental entities to piggyback on the contract for their transportation analysis needs. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectfully submitted, ~((J~ Department ector C:\MyDociments\TerrysFiles\AgendaRequest ~~~f'{'{"\J~ Robin Matusick, Paralegal "- ~d;~ City Manager ~ \ o o o .. ,~:; ..~S- I~ l'k"U ,; IREC~/lIlE{) 'JAN 29 2004 City .1lJfJ.e. "'h.i,na9'~ January 28, 2004 er '1 u Mr. Kenneth R. Hooper City Manager City of Edgewater P.O. Box 100 Edgewater, Florida 32132-0100 Re: Transportation Impact Fee Study Dear Mr. Hooper, B&H Consultants, Inc. is pleased to present this proposal for the preparation of a Transportation Impact Fee Study for the City of Edgewater. v For this project, B&H Consultants, Inc. will work in cooperation with Leftwich Consulting Engineers, Inc., a traffic and transportation specialty firm located in Orlando. B&H Consultants, Inc. will be the lead consultant on this project, and James W. Shira, P.E. will be the project manager. The attached Scope of Services provides a detailed description of the services to be provided, and we anticipate that the tasks listed in the Scope of Services can be completed within six months of notice to proceed, barring complications beyond our control. The attached Estimate of Fee by Task describes the approximate distribution of costs over the various tasks involved in the study. This Estimate is exclusive of reimbursable expenses such as copying, postage, additional traffic counts, and other typical reimbursable expenses. As noted on the Estimate, the total fee for this project is $44,075.00 (exclusive of reimbursable costs) and includes the work of both B&H Consultants, Inc. and Leftwich Consulting Engineers, Inc. B&H Consultants, Inc. and Leftwich Consulting Engineers, Inc. look forward to working with the City of Edgewater on this important task. If you have any questions on this proposal, please give me a call. Sincerely, B&H Consultants, Inc. u /~w.~ James W. Shira, P.E. Vice President ~~) "" "~ · ,", oRe: Box 74if Ocoe~,~P~~i761. · (4e7J 65~-065fa~i';" re'2"'" . . Scope of Work o Development of a Transportation Impact Fee Schedule for the City of Edgewater B&H Consultants, Inc. in cooperation with Leftwich Consulting Engineers, Inc. (hereinafter collectively referred to as Consultant) proposes to prepare for the City of Edgewater, a Transportation Impact Fee schedule, an associated draft enacting ordinance, and documentation of proposed mechanisms for the determination of alternative transportation impact fees and transportation impact fee credits. This work will be accomplished as a series of tasks as described below. Task 1. Data Collection · The development of a proposed traffic impact fee for the City of Edgewater will 0 require that the Consultant examine existing traffic-related data from several existing City, County and FDOT sources. · Consultant will contact and/or meet, as appropriate, with City, County and FDOT personnel to determine the availability and applicability of existing traffic counts, socioeconomic data, traffic analysis zone (T AZ) boundaries, existing and projected land uses, and other data relative to the development of a traffic impact fee. · Consultant will hold discussions with City, County and FDOT representatives regarding current and proposed road improvement projects that might affect the Edgewater Transportation Impact Fee calculation. o #> '" '-> '-> Q · Consultant will collect current and projected socioeconomic and land use data from Volusia County and the City of Edgewater to be used in the traffic modeling process. · Consultant will examine traffic count data received from Volusia County to determine whether any road segments specifically referred to in the City of Edgewater Comprehensive Plan are missing from the V olusia County data set. If any such missing road segments are identified, Consultant will arrange for additional traffic counts to be performed on those segments. The cost of any such additional traffic counts will be considered a cost reimbursable to Consultant. Task 2. Initial Analvsis · Consultant will prepare a map showing existing Volusia County traffic analysis zones (T AZ's) in the Edgewater area, and will meet with City staff to review this map. · Based on information supplied by the City, Consultant will determine if existing or proposed developments warrant revision of the socioeconomic data within the V olusia County T AZ' s. If such revision is warranted, Consultant will make the appropriate revisions to the V olusia County T AZ' s to create the necessary Edgewater-specific T AZ' s. · Using existing V olusia County traffic counts, any additional traffic counts as described in Task 1 and existing Volusia County socioeconomic data, Consultant will prepare a base year traffic model. · Consultant will modify the base year model to add road segments that are included in the transportation element of the Edgewater Comprehensive Plan but that are not included in the Vol usia County data. , , · Based on this revised data, the model will be validated within acceptable FDOT modeling standards, based on two-way daily volumes. Consultant will provide a tabulation of base year traffic volumes for each road segment modeled. o Task 3. Analvsis of Future Conditions · Consultant will prepare three future year models. Models will be run for the years 2015, 2020 and 2025. For the development of each of the future year models, Consultant will use future year socioeconomic data available from Volusia County. · For each road segment, traffic volumes will be presented in tabular format for each of the three future years. A summary table showing the deficiencies in each future year will be provided. · Consultant will use the data resulting from these models to determine the need for 0 construction of future roadway improvements over the course of the study period. Task 4. Development of Cost Estimates for Improvements · For each of the projected required improvements, Consultant will review existing cost data from City, Volusia County and FDOT sources to derive an estimate of the cost of those improvements. The estimate of construction costs will include the costs of right-of-way acquisition, design and permitting and construction. · A comparison of the resulting estimated costs with the cost of completed projects in the Volusia County area will be prepared to confirm the reasonableness of the estimated costs. · Based on this effort, a unit cost will be developed for use in the determination of an appropriate transportation impact fee for the City. o .' 1 u u u Task 50 Determination of Recommended Transportation Impact Fee . Using data from the analysis of required future year improvements and the proposed unit cost of construction of those improvements, Consultant will develop a table of recommended transportation impact fees for various types of development. . The various development types will include residential, commercial and industrial, and will be classified in accordance with categories recognized by the Institute of Transportation Engineers. · Categories currently used by Volusia County will be used as a basis, and additional categories will be added as needed based on discussion with City staff. Task 60 Alternative Transportation Impact Fee Studies · Consultant will prepare a recommended methodology for use by developers wishing to present alternative impact fee studies to the City for consideration. This methodology will be designed to provide developers with a means by which alternative impact fees may be calculated based on site-specific or project-specific conditions. Task 70 Transportation Impact Fee Credits · Consultant will prepare a recommended methodology for the calculation of transportation impact fee credits. Factors to be considered in the credit methodology will include the contribution of land or funds, as well as the construction of on-site and/or off-site improvements by a developer. Task 8. Enactine Ordinance · Consultant will prepare a draft of a proposed enacting ordinance for review by the City's legal counsel. This draft ordinance will reference exhibits and tables which will provide data regarding proposed transportation impact fees for the various categories of development referred to in Task 5 above. Task 9. Final Report · Consultant will prepare ten copies of a final report incorporating the data and analysis of the preceding Tasks and will deliver the report to City staff. Consultant will be available for one meeting with the City Council to explain the results of the transportation impact fee study and the contents of the final report. Additional copies of the final report will be made available as requested, as a reimbursable expense. \. o o o ~ u Task Task B&H Leftwich Total No. Fee Fee Fee* 1 Data Collection $3,750 $3,750 2 Initial Analysis $2,850 $6,500 $9,350 3 Analysis of Future Conditions $2,250 $7,500 $9,750 4 Development of Cost Estimates for Improvements $6,225 $6,225 5 Determination of Recommended Transportation Impact Fee $9,075 $9,075 6 Alternative Transportation Impact Fee Studies $1,275 $1,275 7 Transportation Impact Fee Credits $1,125 $1,125 8 Enacting Ordinance $825 $825 9 Final Report $2,700 $2,700 Total $30,075 $14,000 $44,075 U * Total fee is exclusive of reimbursible expenses u c:\A1I Data\S Consultants\Clients\Edgewater Projects\Traffic Impact Fee\fe breakdown.xls 1/29/2004 Q u u C"-\ .\:) DISCUSSION ITEM Commercial Solid Waste Pickup History The City of Edgewater currently has no control over commercial (dumpster) solid waste service. There are approximately eleven (11) commercial providers that operate within the City. Due to the number of providers, the City does not have consistent commercial monthly rates, lacks uniform service, has increased traffic on our local roads, has no control concerning future service and does not receive any revenue from haulers operating in the City. Most governmental entities offer an exclusive franchise to a single solid waste service provider. This is the same principal as our existing recycling service. The City would contract with one (1) commercial solid waste provider for a fixed rate. The City would bill the commercial customer as part of the water/sewer bill (same as residential recycling). The City receives monthly revenue from the commercial customer, pays the private commercial hauler and retains a franchise fee. The retained franchise fee is commonly used to offset the cost of maintenance associated with the service such as resurfacing oflocal roads due to truck traffic or beautification efforts for improved property values. There are approximately 1,000 commercial solid waste accounts within the City. Over 90% of the existing accounts are serviced by Waste Management and the remaining accounts are divided among ten (10) other private haulers. City staff currently provides solid waste services to small commercial accounts (those without dumpsters) and are treated as residential accounts. Legal Issues Chapter 166 of the Florida Statutes defines "Municipal Home Rule" and enables cities to provide/render municipal services. Further, Chapter 166.021(6) provides that a city "may require that any person within a municipality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with ordinances of the county or municipality or state or federal law." Thus by statute, cities are authorized to provide or contract for solid waste services. A franchise agreement is a contract with a city by which the franchise grantee is licensed to conduct a business within a particular area. Generally, a city can contract with one or more businesses for the collection and removal of solid waste and may approve an exclusive privilege to a franchise grantee for a specific time. The authority for a city to grant exclusive franchise for solid waste removal (residential and commercial) has be,en reviewed and upheld by the Florida Court System. The procedures to establish an exclusive franchise agreement include: 1. Conduct a public hearing with at least 45 days written notice of the hearing to all private companies that provide service within the jurisdiction. 2. Take procedures to implement measures necessary to provide the solid waste service. (Advertise a Request for Proposals) I:\liz _ docs\notes\comerciaisolidwasteservice020904 3. Provide three (3) years notice to private haulers before the service of the private hauler are displaced. Summary The City must conduct a public hearing after 45-days notice to all private haulers. All private haulers must be given a three-year notice of displacement. The City can enter into a franchise agreement with one or more private haulers to provide commercial solid waste service. Direction Requested Determine if City Council is interested in entering into an exclusive solid waste franchise agreement for commercial solid waste service. I:\Iiz _ docsmotes\comercialsolidwasteservice020904 2 o o o \\.~. -. TENTATIVE AGENDA ITEMS FED 16 - Canceled - Presidents' Day OFEB 23 1) Res. 2004-R-05, ROW abandonment, Coral Trace 2) 2nd Reading, Ord. 2004-0-06. annexation, Edgewater Harbor, 4015 US 1 3) 1st Reading, Ord. 2004-0-11, amending Com Plan Future Land Use Map, Edgewater Harbor 4) 1 st Reading, Ord. 2004-0-07, amending Chapter 19. (Utilities & Services) 5) 1st Reading, Ord. 2004-0-08, amending Official Zoning Map, 15.52::1: acres, Sea Pines 6) 1 st Reading, Ord. 2004-0-09, amending Official Zoning Map, 24.20::1: acres, Indian River Elementary 7) 1st Reading, Ord. 2004-0-10, amending Official Zoning Map, 37.98::1: acres, St. Gerard's Church 8) ptReading, Ord. 2004-0-12, amend Comp Plan Future Land Use Map, 23.5::1: acres 3149 SR442, Rosel 9) pt Reading, Ord. 2004-0-13, amend Comp Plan Future Land Use Map, 27::1: acres s of 22nd w ofSilve Palm, Weaver 10) 1 st Reading, Ord. 2004-0-14 , Comp Plan amendment, reference to School Interlocal Agreement 11) 1 st Reading, 2003 Budget Amendments 12) Bid Award - Western Utility Expansion 13) Discussion item - Joint Planning Area Agreement & Closest Unit Response Agreement (City/County: MARl 1) 2) 3) 4) 5) 6) 7) o 2nd Reading, Ord. 2004-0-07, amending Chapter 19 (Utilities & Services) 2nd Reading, Ord. 2004-0-08 , amending Official Zoning Map, 15.52::1: acres, Sea Pines 2nd Reading, Ord. 2004-0-09, amending Official Zoning Map, 24.20::1: acres, Indian River Elementary 2nd Reading, Ord. 2004-0-10, amending Official Zoning Map, 37.98::1: acres, St. Gerard's Church 2nd Reading, 2003 Budget Amendments Computer Purchase, HTE Bid Award/sole source Authorization to advertise for Pension Consultant MAR 15 - 6:00 pm Work Session - Goal Setting (copies of previous years goals) 1) Adoption of Joint Planning Area Agreement & Closest Unit Response Agreement APR5 1) APR 19 1) 2) Q Edgewater Harbor rezoning ???? 1 st Reading, Ord. 2004-0- , SR442 Corridor Overlay 2nd Reading, Ord. 2004-0- , SR442 Corridor Overlay Union contracts Rev. 2/03/04 I:\liz _ docs\outlines\aitems022304