The URL can be used to link to this page

01-01-89 <_- SEE OVERSIZE DRAWING(S) ~~~~ ~~ bfm~ti4 od b~ ~~ s.. i ~~ TREET 31 M_= EOT J T -_ 31..3{' , _~ I LOT ~ i 3m Fprt ~ i smwn 3e r T__ I ._. __-.____ _ __ _ _-_. -} _ t ' - _- __ i - _ ~ t y - .- - _-- i _ - ; 1 ~ - ~ I - ~ i j -__ _ - _ ~ Iti ~ _. I < _ a a ~ i i Ii _- ~ ~" I - _ ~ ' ~ ~ ~ ,~ ~ ~ I -~ ~ pFOrt - --- - _-- _ - ~ j ~ ' ~ASFMENT ~ I ii I 1 ~ j i i , -- . i I I r, __ i ~ . _ _ _- _ ' ~ 3P 3 i --_~ _-__ _~ _--__---__- i,.c. 3n I _' -_ i 9TE Ilonn». w.auam+ 3mMl rRnl 31Ht IaM«~p s>s a IMY n«C Frown ~ an twwr um • Fa .1 FIOOt+~ ~ w1LMK ~IW - FIEAtEA:31,77SSQF'f ZOK2 6-2 1 ~~ 6 FNUE FMIr OMB11'Q ASR lOT 9II: S2lS SQ R LOT ODV6AEF. ~ I MA70nR1M HFIC77f: SS FT R~ OID ATLMfiIC eEn~ai STEVEN H~~ • AlC7fIECf mseKOlvwnr new raeK nr. taOCv 271• Se7 • 17~ FFm sFU F~ .~ ~_ i zaYwc CALClAAT10P6 '4TE _`~ ~ i Yon n. n, r, a u rar v -. SIXTH STREET Toa,Ye. rYYY ,Y.T Ia«.~ '~, sYV a uro nYYC rTYea ansYrrr YrM a lw.Y rar r ---____ .__ ~.n.Orc..ol -. .:~'~ ! 9TE ABFA: 3 V t5 SQET ~', i MOrI.Tr l1Y[ :Y..sa~ - ZOIEQ RS-i i - ~ 1073-_____T-! L0f1 _-____~_ I~~DL$ .. ~- ~ YYOfpn - ~ ' smprt ! Y. i69Ni0f FAAlY ~_ - ~ ~ AVR lOT 93 5285lQR TYARd SETBACK a i------------' ~~ LOT COV9ACP ~t ~ I i~~ _ _'-. ~_ T-~ - _ _ _. .- _ _ -_ - _.. - i AM7Q7~41M lf1Q{T: Ss FT i r == = _~ . -1 _ -,- 1 ! ,-- -+-, __ f---= -- ~ - s 1 _ ~ ,; vl_ -- _ - I 1 ^ '~1~ ~ ~ - oI_ 1 Y _ f 1 Y - ~ f .afar _ / ! ! ~-~ K[ i 1 I ~ i I gF ~ zxl~__~ ! 1 L0T6 __ ~J___ - ~ II Singrt t ALLRY FASF MENT 1 ~ it - JII ~ 1,~ -__ ' j ~: nri ~ ='-~ ~ -~ -- ~- i ~ ~ PROP'Q6ED 9TE rl,w f~TY {IYI l0i ~ W/ -- ( ATLM(i1C tE/rQl ,._.._ . -- 1 S7ErfH Y1~5 • ABQRIEQ ]65 BROADWAY • I~EW YO18; KY. 10007 212•%7.7108 roa s SIXTH _ _~ - \ sons lOT 1 ~ : LOT 7 ~~ ssro sort ~ smsQrr ~\ .___ ,` CI ~ , I , ~ ~ FRONT Y~ ,_______ I ~_.._-. _. i_______._____________ 4srm ~ ~ 1 O Y K sst 2 ,, ~ ~ ~ _ I _~ T 1 I i : n I I f -1 _ -. sins reso~ss _-_____--_____isoiusr ~ _- t A i ~ ~\ ~ I o ~ - 1 i ~ :. - ~ ~ /RIVATE ALLE1 j ~. '. _ , ~_ i ! II =p ~ ~ I_. ' O ~ -~~ :I / ~~ < ~I !~ _I O _ _ f ~ ~ L - - i 2 , ~ ~ - f"-- _ i_ t_ t ~ '~ -- ~ i iar s'- S i ~~~ ;a/ '~ :r ~~. .: ~a~ n I f ~ 1 r ~. Y: ~. Ka I t_ •~. ~.~ ;. r <:,; i ~~~ ~, ~ r,: ~~g^ ~_ < ~~ r{.~` f ;:~~': ;~_:.ti „~-:~- ~~ n r., •' ~~ "' F i ~, .~~ ~yC~; ' '/ ~~ r~{,:.t, x.. c. - L ~£:: 'f " ~.~; : . ~~ Y h•; ~l ~- I` L _ '. ~ t ~~ p- ~ ~~ ~ ~:: `~~ ~ ~ 1, v t _ tL L - r ~ ~. ~ ~J 1. ~'~ _ i 1~~ a\~ , :~y`C ~ ... mil` 1 1 t x _, -~ Y ~~ ~. a.4 . i ., . ~- ~; o; i i ~ j . ;~~ ~ f `- • ~ .~~. Harris Kuh ling Associates Both Steven Harris and Michael Kuhlinq were born in Jacksonville and spent their childhoods at the beach. both attended St. Johns Country Day School. Mr. Harris is the grandson of Hattie Barris of Jack- sonville Beach who has lived at the beach for fifty years and taught school at Mayport for fifteen years. He was graduated from New College, the Rhode Island School of Design, and Princeton University. Mr. Harris teaches Architecture at Yale L'ni ve rsi ty and Urban Design at Harvard. His residential clients include the Honor- able Sandra Day O'Conne r, Or. and firs. Donald Barnho rs t, Mr. and Mrs. Guy Johnson, and Kaye Kaufmann. Mrs. Kaufmann's house has been published in American, Italian, and English architectural periodicals. It will be featured in Metropolitan Hame in April of 19°9. Michael Kuhlinq attended ilashington and Lee University and was graduated from Mew College and the Boston Con- servatory of Music. He attended the Institute for Archi- tecture and Urban Studies and received his Mas to rs of Architecture degree from Princeton. Hr. Kuhlinq was previously assod ated with the office of Michael Graves where he worked on the Swan and Dolphin Hotels for the: Disney organization. Lucien Rees-Roberts was graduated from Ca•-bri dye Univer- sity in England. Trained as both an architect and a painter, he has exhibited his work in both Ne~.+ York and London. Mr. Rees-Roberts serves as landscape designer and color consultant. - ~,. ,_, ~r:.4.. _ .._ The pattern of deve looment in the area of old Atlantic Beach reflects the desirability of the area. The prox- imity to the ocean and to the Atlantic Beach Elementary School, the extraordinary character of the architecture wi til the tree lined streets, ani the stable residential population combine to make this area one of the most coveted a[ the beach. The value of undeveloped land reflects this enormous pressure: fifty foot lots on Sixth Street sell for between forty-five and fifty thousand dollars. The redevelopment seems to be taking several fo nns. At its best, historically significant houses are beinn restored. (the Haines House) In other cases, small-bun- galavs are 6ei ng renovated almost beyond recognition. (the Lewis House which recently sold on the south side of Fifth Street) !lost alaminq are those rases where con- textually significant shalt houses are bei nq demolished for the land. (mid block on the north side of Sixth) The development pressure is oe rhaos most clearly expressed at the end of the block between Third and Fourth Streets on Sherry Drive. Concrete block rental units are being replaced by oversized townhouses which virtually fill the buildable area of the site, destroy most of the trees, and line the street with garage doors and dri ve~eays. ' Our design for the property under consideration represents an alternative to the conventional development strategies being follrnaed in the area. Ye feel that the soe ci al and unique character of this neighborhood is worth preserving. Inevitably, nr~v construction will occur on ibis property. ue feel that our proposal offers the best alternative to the conventional development otherwise likely to occur. «.. Trn ilo~;e naxt _'» r (lot ?) is set far:-.^r :;._ ca?i t_=line on t~ lar;~ liv^ o>.i near - ,tract ~~fhis }n re e:r inys a broil font o~rev ~; •.rzll^s a on ;zte ca rrh:-^rd roan frn ~; tns all^v behin:. Th.^ corner Iris= is sat aor~ro.-<i-.'*.^ly nin'bi f.:~t fro..• the s're` ai [fir e ^.a rza_ hol~~i nl the corn^r; a fence ~_- unlike '!r ~f 63i nas' cannec[s th^ tu.~ str,~c to res. T.^.' ^a ra ;~~ is cn:e r.l fro~.i S:^.=_rry Drives Toe iimase facin; Sherri Dri vo halos to -~aintain the cnn- tin~~ity of this street ant ~rese rv^s anoth=r lzrcc oak in its east coartyar!. Finally the dun^ hose e.x?loits its hi-finer elevation ao1 al lo.g o.vz to un fie rs tand the tonon ra947 as seen ;iodn tha n^_.:^s tri an anal M..av Le `:+eea the rail^d ~arJans n= the in~s3s on Sixt^. Street. Our intention to ex ten_ t:r Charzcter of r.l~ .ltl antic ~azch incl u7ez our cnnce rn that the houses both reflect the archi tocturzl ii~ri tr-m' of t'r_ to:m anf orovi:.e a Stable ciraraeter en~inati ble rri Yo too surroun'in; treas.^~s zrchi tect for all the ho~.aes, w-~ have t:ne onoortuni ty to control bo En the ra teri als an! ti^ ::i soosi Lion o` •winn:~s, Enor;, roofs, et cetera. Tile exterior ^nterizls •.aill be nri ncinnlly ceiar shin- ^les an± eyorer an.! cedar _evol lay si i n7. Tna s4in ;les anJ rinress mill t,e allnn=_d to er~~a th^r nz aurally: [h^_ ce iar si:fin: will tie st-~inet to prevent i=tcriorati on. O Caer ,.._teri als will inclu:^ eoOui nn, sba:cn, an] ta:;:,y. Like the of der iinuses in l,tlantic b~ar:~, it can b seen t'iat th'se nou;^, zre -:a ;est nri s-e tic vol u-es -.ri th 'eoen- ca~rt o^rd~rs, r'~crs trellis~as ~..~.: n~~rnlas. It is car intend oc C~i~t toes zo~~ar un-ra tend au; ar.! r,ov=r visi~lc in their' en ti rrbi frn: ~, a Si n'; le rie rSnecti v-~. •_eel Strp^llv that t~ne Su CCe55ful CO-'Dl-_'tl e.n 0` ti~e5e hti5ei ~epen ]s Si tnl fl C--'nt17 On LhC 1?n 1S Can1^°,. Ilr Lin can^ bu '~ie' is ago roxi -si tnly txi cs Lh~, of en-.ozr- aSle h^u;es. >i~t only arc wa m-es~ mini tn~: existing live 0'.k5 most of Gw ml-s, bit •. ~ are zlso nLnninn the aJii ti^~ of ner nil.- Crew, fruit trees, an' v=. rims s„ries of r,: l-~;. Trellises ari,n r aaf oar:nl as Trill b=_ c^;., ra, in trd-.vt vin', bot'r or.•. w~ an7 nil _'••n, ~.rist^ria, '!'.v^a rt =1.7 ~:~o•,ry Scnnl ;-.ern i.n' nlnrv, '~] v=rinus 7es- -:i r:•.,, Ln.' ~onav;.~^ile. c: l=oin-: nook :;ill iocl r+, :rater hvzCi rti~u r.n' Lillie;. Taa nro^~arh~ :m ~cr con;i i;rnti on is lora L,:~ on ..,,, so~r,~_ ~:~ ~:.;t co rntr of arr-i -rive a:: '- Sixt: Str~- G:rr•n tl'; cart of Gig sit.. li occani;-) Sv a 1T°. Lri c: ranch nn'~s-, set di aTlnally a'iressi rn the corn,, r. .._ .-~•1 t.,?t :nth the character and si [in' o.` lids haas2~is uasv v- ta~tic to tnc n~i T•t~:9 ril col and >r~ in`_zn] to ntvz i[ to a n^inhha rnoo; in .l ac'r,som/ill^_ Ceact vril^ra it '.gilt feel e.o rc at horn. .e bo ;?n ovr nm-rzsal far t•iis nroo=r'LV ~di [n a co~.'~.it- ^ant to nrescr-ve toe liv-, na'•s an'! to enSanez the dune on t'ne snutoeast corner of th^ si W. This dum is earl of a SCCOn Ia r/ dunr_ ri'~.~ wi:ien eras, exeent in a fc~r loea tiov, vt rtua.ll~ odltt ra In ~ forty years ado. T-t o xs, esnxiall~ the tri nl. iron. oax on [ir± dum. are resoonstole for t!>•~ nt'1 nC1n1C tr C2a0o/ d91 Gil nl v_5 th15 ar P :uCit Cf its q~dli LY. Jar secnr.J ,oal eras to avni' the :nll of T,?rza., doors an'~ its alien {2.nt navino :i ~ic1 is all too oftnn the charac[2r- istic of nca construction in the ar^a. T:ne intro'actinn o` the on vate alley lCeiin~ fra= Sherry bri r~ ali~.i na Les all ?a rd~e Jon and Gri v-c~days froo Sixth Street. Lv nro- vilinl for this alley, '.+^ i:=.ve S=.^n ,+._~le rn ..,.ini ^i za tha neon ti C/ n` nevi na remri re-'. to s^rvi ce t^e nare~es an. to dllo~.+ for the uai:cae ~~' connection M avai lat,le site u tiliti as. Ti1C alle, 2710:;; a '; n=ro us frost rd^n M the houses unintcru'r led by .:ri v~.n'l;. Tm 59?C2 of t§e all4v its91` is, '. r' haoe, one n' thaw deli:;tfully i;ii o;vncr?tic an.! m:varcl co roan sn~¢; to be us^., by t'ne omers. In locati no Yo= horse;, o~.:r cna~e rn aJas M v:: r! the .,e tbacxs an..' soaci n^ ~; create ootn ~i dnonal vie:+s as :;ell as to alla:r for natural ventilation during those ~:mnins srten nei tn2r air coe:i ti oni n-~ nor neatin: is r^_~ai red, -^ int^n'e1 .x :call to r_lr. tc to the sa-e +hat svn tonat2; rnvth"~ o' t'le Ot:':?r in ,^5 alon, Sixth Str-^_et. ~' ha'n 2150 2t6"'.~t^: t9 sii°. C'Cr: hoae S9 a5 LO CrCdiC z r~~os ra E::er then •/~. ri- for each h; ;e. `n- east to •.:'St, tite first Bo use (lot 4) is set td_nty fe_t cacR from t9^ orooerty ling to alto:r 2 south facin: odnien ~ni ti: rorr b .=.cce-o!a-'~, a lao n^al or ~s2 ter ;ar".,n fra-ci Lv the ^zra ;c r^von~i. Ti;. n_zY i.or.~ t^, inn vest (lot 3), al thnuS'~ ?lso ta_nty feet frm Er' oronerty linr., is Shif,n, to to^~ extrcr~~ •eest r,f its siL to create a rai;ei ^,ar?.'n or_n to Uo street and faci r. c2>[ or rarnin~ li'ln t. ~.~ ~-'..z -'/ '- 11rs. 5fii te's !nese on tim na rtheast corner o'" S~xmrJ and Gcean I:oulevard ai [h its eno e+n us liqustru ~, heJ yes, scrub oak, an~! nalns; and '!n. Svd:~nh-.~^.'s house nn Ocean ant Fif Cr ~ai th the extras r~inary golden tru-~,:a[ vines are bu[ two nza~ro les of the authority with which £ne landsea~e can control fire character of t%re street. Gther exa-•.oles are the regularly slanted oal:~ trees on the m rth:+ast corner of Sixth Stee[ and East Coast Uri v^_, and the ba,-r- 60o hedge on Sherry Drive north of Fourth. C:a rden walls like 51r. Haines' on Eas[ Coas[ near Fif[h similarly con- trihute to ~:!aintaining the oe rceoti on of the street. is f.i r~ I . E!':~~~ ~.:. The third app=_c[ worthy of analysis is tha scale and orien- tation of the lots. Tne basic layout of this Dart of Atlan- tic ueach is the sicole qri di ron plan at a do:~,estic scale. Tne lot sizes are quite s~all an! the Muses are gener- ally qui [e close to7=_the r. One of the thi ms a nri di ron cannot do, ha,+e ver, is to crew t2 hierarchy or soecifici ty of location. 6o th its virtue ar,d its liabili b_i is its relentless re oeti ti on. It is by the introduction of 'inte ryes tions'th at this olanninq stra fogy gains its vi tality and life. Exa -~nles of these interventions in Atlas *.ic Beach are [hose places o-rhe re the order is violated. For exaTnle, the s^all bun- gala,v set between Brach Avenue and the Gcean on the north Site of Sixth Street, or the hoes? on the south~nest corner of Geach and Fifth on its tiny lot, or the house set behind another on the south Side of Eighth Street near Sherry Urive; even the vro ode rfully casual orientation of the to CS between East Coast and Ocean En ulevard ninht all be seen to relieve Or 'venti late't'^.e reoCtition of the arid. It is interesting th=_t in Seaside, a ne:v and highly acclai^~ed loon in the oanaan dle of Florida, the nlann^_rs hav2 attea- oted to legislate a certain a:.eunt of this casual and idio- syncratit site strategy. In this att2~int to recreate the aebiance of a beach toys like Atlantic Eeach, they have none to great effort to insure a density and ~ixtu r2 of houses, qa rage aoa rt~aen ts, lookout to:+e rs, et cetera whi cn n..•.ke un a co .'unity like Atlantic Beach. It is unfortunate that current toning regulations in Atlantic E°ach virtually prohibit such site stra tenies. o o-:'nfn.r.t 'i'~r.-., ~,r•r_. l~c.~.'...I to :'.r: tai., s:, r.n t!:^ir „ lrrt; '.-~i t'i i it ~ _~ n~ ~ S[r'P[ ~'.ti m:, :__~n rera.-• taxi t 11 r~G -: r.~ c§ Roa_). ,^n [2^ 1[ _n~e~v bi=_ o .;_-,1L ,~?]o at sr,e:; it ori- rlU ooe r~o vez :: Est fro; Ceecii ;,versa=, one fin9s sli ::rtly tore :-o ]est `rasa ;. Sa-'a coo.,ar to nr+e ongimlly uzeJ Coe an::n] fl oar for ter ;:~r_;e ani 1ncaC^1 ta^ livion rota rii th troa] nora•.^_s an ;~~- secon+ Leval. ':znv o` then= no~~zs are on q~i to s all Las an! are 5^^,~•ra G.: fron thzir r.ei ;n`t.t rs 6: r'Yaar ;!.,n>`: lands caai n~. L.' Fc?trier lin:ne o^. th~^ s~^tira°;i co nv:~r n. C=a[n Cv^n¢a^ and Fif@t Street iz zn e.<a wle. nn^ ~:o•ns f.•riher ~•. st, he t:mon 9cean @a~lesa r~ ani s _ East Coast uri vc, ona b^qi nz to fin] scallcr bun :aloes boilt in Lire teens an! brenti es inter•.i red wi t'n houses Jeri ved fro-•~ the ocean `roar -gin Arls. Tce ncc asional Be- tatit~_ ;ara~e rri tlt res-a aSom - sx~:n as tiose nn tn_ nort:i~.-pest an: sn~t'~w~st Corn^rs of Occan Co~lrrar.; and Fo.: tin Street - ar_ clso f~,;ri iv'rr, ^rc~e rty devaloo:-^a'.d_s! of [nst Coast Drive (iho on final Fl a~ller railroad b^_~) :aas h;aa.^. as early as UY~ eri th the .,^11 ani 'dillis ri~us^> no Sixth Street built ~w the '1:v- port Ti.-h^r ro..~~nv. Trese !rases, tnou~irt to hrr^_ 6aan built for rail ro r! emir.e^rs, hi:= ~i^ta c'ned sin~~le-story ^.ira^CS 5CC [~ L'iL' Cxtrn-,~ r'ar of t'IC nYOanri J. [n t!: ~~ early [e::ns, n fair traly excsnti ~r.al hnuzes :;^re '.toil[ in this aroma; t-...~ ~~~:>^ :;wilt by `:r. r{yin^; ~.~ t^.~ soa*.h-rest Torn=_r of Fifi~. ac] :.ast Coast ri th its ... tac'i ,a _r;. 5^_t to::'r,. [s- ztr-^t ?a'. re-a rY. ~-:itl= .cn co on =ast Fartimr ~. ,t in this i~iocl: -~ n~tte r.~• of her,^, o` si-~~~ilar tv^' .._vrloo~=i. T~., l,r,., air,=. :~~ r.~>.rt-~^nt tv12 ;use ' s n as rcors;.^~r.^d :;y ~.,~ ol~ -',i nci~^:r lia us° at 31~ Fift-~ nss a grin dodn tae !;loG. Si -il~;rl v, tn:_ l~~tch Sbrle Sn nGli nv :1lJi= is reac.,t^7 i- !i ib-lv ~.~~st o` Ut° sell d^..u= nn ~ixbt S[ra^i lni~'r a variety o` h:n,alo~u an~l eott3-~~s of 'tie^~. Fr_•.' '~1 L-rn'z n~;;e n^xi to th^ nlc: `fin- c~~aa E~ise is ar. ex~i•'tii^^al ex ~..~..^le. '::hat these hn ~s^s reflect is r. r. un iers Lnii n~ o.` C,e rel ati onshin t,etreen ire bou.~ a'i] its ~~rYn 'o rch=s nrovi:ie sn tcos :+hi Ch art si-~l to^~~vsly insi ]~: ee: octsi 'e. T.te con[imaiN of t:e fa`ric of f,tl ao tic is^eth is lanely Gr,en !ant on h:,;...,s, vi r.^s, f_n•-es, ani rq, tre^ caro~y. 1^. Ui5 rs^ect ol~ tl ar tic .Ca is n^,t a^.like 9v ' est ,,..ere t.°,' o` la^, isca, fires Yn^ o~.a:,lic r~l•~.. [[ ;ir^vid on v.,.cv `.-, .~ ia'i viir.l ~, .ral ., cr.,,tio; tc cn.~a~r n` .. _ ,_, ~.... OLD ATLANTIC [3EACH L F i I !: C L[ ~•If iI 1 t f i 1 I ( '. I ~r. e I i q. ti' i P.e ten tlv, at the dedi ca [i en of the ne:; ban shell in Jacksonville death, aavor deb 0"leill cited old Atlan- tic peach as an exsmle of ~.rbat the Jacksonville Death Re develon~:~en[ nrouo rras seeking to achieve. Iris co^aent is but one ezaap le of tie recognition generally given to the soeci al and unique ch arader recognized as old Atlantic Beaci. We feel that one can precisely define that area of Atlantic beach generally understood as "old Atlantic Beach". It is probably between Second and Seventh Streets, from the ocean to Sherry Drive that its unique character is Host consistently apparent. 8o rth of Seventh Street, the redeveloo~nt of the site of the old Chateau Restaurant and the condominium de veloomen[s on the site of the old Atlantic Beach Hotel intrude on the scale.. and texture of the cormunity. "lo rth of Eleventh Street, the planning strategy west of Eas[ Coast Dri v? convolutes the oatte rn of the streets. '.;ithin this area (Second to Seventh Streets, the ocean to Sherry Dri ve),one night further distin?uish Fifth and Sixth Streets as Wore nearly intact than the others. Ileither 5 [reel has townhouses, and the duplexes which do exist are inconspicuous. Dn both streets, walking to the beach with the children and beach chairs resins an important custom. We will alter„pt to define what it is that constitutes this elusive quality widely re toanized as Atlantic Beach and to demonstra [e hoar that quality info rrzd our scheme for which this annlication seeks your support. :~le have been able to isolate [h ree aspects of this area which minht !^arit discussion: the architectural character of the houses themselves, the confinu ra [ion of the land- scape, and tie scale and orien[a lion of the lots. Tne architectural chard der of the houses in old Atlantic 3each is derived in Dart from the us= of Hate rials locally availah l2 at the ti?:e: cedar shinnies, heart min?, bezel and board oanellinq, coq ^ina, stucco, and tabby. Built h=fare the introduction of air conditioning, these houses were configure] Co allo~.a for cross ventilation. Porches, verandas, and lands cage structures provided shade and allowed outdoor living durim ~-.pc~ of tie season. Examples of these ni gat include the old Rode rs House, be Lween the Bull and i)i ckensor, Houses on Cne oceanfront; [he 'li nq Ib use with the gazebo in the garden on the ocean at the north side of Fou rih Street: and Che 3arks!'ie rcnznt douse on the South side of Fifth Street at the ocean. Tonically the large I ~~.. _..-~ . A~ ;~ ~', 1\ , ~ .~ ' ~ It ,~ Q ~~ I~ / ~,r r. ~ ; ! • ^/`~` ~ _ _ i ~ ~\ ~, fem. F w ~~ `~+ ~ 1, '^ .~ .. u ISM •~ i w-' <. _, ~ ~.- ._ '„ _ - -- `~ ~, -_ 1 ~/~ ~ /. / ~ i '-,`, . ~i - - , • • communities. This Resolution adopted at meeting of City commission this 23rd day of January, 1989. ATTEST: Noreen K ng City Clark W.Z. Gull ford, Jr. Mayor-Commissioner A~p/p/r/o/v/end as to -form, andn~content: Claude L. Mulls - City Attorney 3 r.. F- r , Section 1. The City Commission on behalf of the citizens of this community does hereby oppose the issuance of permit to Lambert Seafood Company to construct and operate a shrimp and scallop processing plant at the location described in application for National Pollutant Discharge Elimination System (NPDES) Permit No. FL0040576 or at any other location in our community and in support of our objection give the following reasons: a. noxious conditions and odors b. visual pollution c. pollution of our waters d> detraction from our quality of life •. incursion into the rights of local government, which is the cornerstone of American democracy. f. vastsload allocations approved by DER and EPA indicate no new source may be added at proposed site. Section 2. That the mayor-commissioner, all city officials, end residents o! the city sake known to federal, state end local government officials their objections to granting of a permit to process shrimp and scallops at any plant to ba located in our community end in particular at the location described in the above permit. Section 3. That a copy of this Resolution be forwarded to city officlal• in Jacksonville, the Beaches, Legislative delegation and congressional delegation requesting their assistance in prohibiting this attempted usurpation of local 2 ~;~,- , RESOLUTION NO. R9-6 WHEREAS, the Cities of Atlantic Beech, Jacksonville Heath and Neptune Beach hnve expended large sums of money, time and effort through an Interlocal Agreement on the construction of improvements to their sewer system to eliminate discharging effluent into the Intercoastal Waterways; and WHEREAS, the Federal Government and State of Florida have in the past placed moratoriums in each city for any additional connections to the sever systems until improvements were made for wastewater treatment at great expense; and WHEREAS, the three communities nre diligently working to improve the environment and thus the quality of life in them; and WHEREAS, there is pending before the United States Environmental Protection Agency, application for permit to construct and operate shrimp and calico scallop processing facility on property located in our community which would discharge of fluent into the Intercoastal waterways that would have a "high probability of being toxic", thus creating pollution and noxious conditions and odors in our communities; and WHEREAS, one of the fundaaental rights in a democracy is the right to petition our government for redress and to exercise the right that all political power is inherent in the people and no person has the right to exercise any power depriving another of their constitutional rights; and NOW THEREFORE BE IT RESOLVED by the City Commission of Atlantic Beach as follows: l +~. RESOLUTION NO. 89-5 WHEREAS, the City of Atlantic Beach requires property for the expansion of its parks and recreational facilities, and WHEREAS, a suitable piece of property as described herein has been found which meets the public purposes described, and WHEREAS, the City Commission of the City of Atlantic Beach under its Charter, Statues and the Constitution of the State of Florida has power to acquire property through the exercise of its power of eminent domain, NOW, THEREFORE, BE ZT RESOLVED AS FOLLOWS: 1. That the City Attorney be and he hereby is authorized to commence necessary proceedings for the City to acquire fee simple title to the property hereinafter described below through the use of eminent domain. BLOCKS 1 THROUGH 4 AND PART LYING W. THEREOF, ALL OF BLOCK 92, BLOCK 93 AND PART LYING W. THEREOF AND ALL OF BLOCKS 94, 95 AND 96, SECTION H. CITY OF ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS, DWAL COUNTY, FIARIDA 2. That the above described property is necessary and essential to the City of Atlantic Beach for expansion and improvement of Ste park end recreatlonel facilities or for other public purposes. Introduced and adopted in regular session assembled this 23rd dey of January, 1989. W. I. Gull ford, Jr., Mayor/Presiding Officer Approved as to form and correctness: suds L. Hu 1 s, City Attorney ATTEST: Noreen R nq, C ty Clerk Above Resolution replaces Resolution 88-23 by inserting the following words: Section 1. "tor the City" "fee simple title to" CITY OF 1~llartle tae(- ~loatda January 11, 1969 1b: Adelaide hacker, City Camussiorer Fmn: A4]LUYen King, City Clerk Subject: ~6 ORIRATIQIS 4160CF.AN' BOULr\ AHU RU BOr 25 ATLANt1C BEACN. FWa1DA J2231 7ELEPf10Nr 191N12~YYJ9S At your request this office has prepared a list of home occupations approved by the City Commission. We currently have thirtmn home occupation licenses on file, with an additional tPn applications approved but for which, [o date, no licenses have been issued. When contacted by telephone we learned these people did mt know an occupational license was required but felt w1>P.n Comsission approval was granted, they had met all the requirelents. If applications for home occupations could be handled iron application for excerption to issuance of license by ore office we feel this situation could be alleviated. Since this office currently issues occupational licenses, we feel the procedure could be streamlined by also having applications for exception haldled b1' this office. We would be happy to do this if it is the desire of the Conmission. Yw may wish to give this some thought. ,9t r~~ - . -- - ~•- , ~w ~. ~~,ko2li ---- - - N.rtu~~-PZ_ ~ %f t-~-~-w -a -- ,. ~ - - -- .~L.., L. ~~ ALµu-~ _uy~/.~w~Gucc-<<r,J - /dao LQcta.x,/.~Ln~cc-.(~tc..c ~. ~, ctn./ , Z . / y//,,.3~[at.c. lLcv . ,rcDam ~~ 1~ u9 ti ~'yQ.~-u-- gas ~~~~ o'CU ~;tu,~t,,,..GC, %` ~- .3d 5 ~C,l,.~. LAC.,. ~C,C_ C~LI~. (~(.EHGf ~ ~SJ ~/.LL~ ..Q~GL.C.K ; (.-w % ~` ~.i ~~a ~ '~_:~7~-c~/ /0703 /1~',rtu,~,~Gilc,t ~~ QcjGsc%G%` /y~~/~~~ /~/isuct_ ~~ ~ ~ ~/%y :_.: _ .~f-.~a0 - ~d.~yryu.~.oO,~,u,t ~/',G ,/~,y/.~6' j /U3 (.!i ~~~t~~ic i n,C.f,.ti. - ~ y d E /~' C- C'~~,rucd. /C/o/f~ r rr ;~3C/~y.e,u....~-c.~,L - G~7~7~uiu~ ~/c~/Yb~ s.tij/!/u,p./vx,c.LC /gyp /.?X,~. ~a-~.c.Ct,c ~ C~~px.o~cG G/i 9/~f'I /' NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it--~- iiii \L__JI ~\~~ .. ..~,,.,..,~.b e 1G05I qH -z- Canoents on ordinance 90-SB-139 Fiao: occupations are a pemissible use by exception in all districts unless other prohibited 1N recorded Covenants arcs l+estrictions. Sec. 2 acd 5 appear to 6e in conflict: (2) "ro outside display" - (5) "A ron-illuminated nameplate rot exceeding om square foot in azea, nrnmted flat against the well at a position rot more than two feet distance fray the main entrance to the residence. Sec. 6. •roise• -does that include sewing machines? i (7) aid 110) appeaz to be in conflict: 17) sales shall be meducted within tM building". (10) no pedestrian traffic, vehiculaz traffic". liar will the sales he conducted? '. 19) "among other uses". Who determines this? I January 11, 1989 1U: TfOs Fi7EARABLE MAYOR AND CITY Q'Y•MSSIQ~RS ~ ~ FROM: ADE7AIDE R. 111C1(ER, CI1Y COMtISSIOt~R I SUfl7F1'T: PROPOSED ORDINANCE 90-86-138 1fie original Chazter provided the following provisions w.der zoning RA (single family) permitted uses: The office of Doctor, surgeon, dentist, musician, lawyer, azchitect, teacher or other like professional person residing on pra~dses prrovided that there be ro display from the street ror advertising except a small professional name plate and adequate off street parking be provided. I would 0stimate we had ro nore than five or six trnie ocupations, and razely received a canplaint. In the early 80's the City Attorney agreed to allow the issuance of "Convenience Licenses" as Neptune and Jacksonville Beaches were both permitting than. the Convenient License allowed acroountants, artists, architects, tailors, tailors, etc. to operate with a P.O.BOx or telephone number only - ro advertising of street address or traffic at the residence. CUnvenience licenses were abused and the City of Atlantic Beach joined with Neptune Beach and prohibited all home occupations. All license holders were notified bl' mail they would have one yeaz to relocate tc a business location. Believe it or not, we received very few crnQlaints. ,. ', in 1982 Mr. Moss suggested all tie occupations role before the Advisory Planning Board as a Use by Exception and forward their reoomresdations to the Concussion. 4fiis procedure is presently being used. '1}ie big objection to this is that we are allowing torte occupation in subdivisions that have recorded covenants and restrictions that prohibit home occupations. As a natter of courtesy, we have always tnrored covenants and restrictions. Arother point for consideration is if we pass the proposed Ora; na.,~-a tlyt is supposed to clearly define the regulations, why do applicants still have to go before two boards. If hroe om~pations Mere taken out of "Use by Dcoeption" zoning classification, the City Clerk could handle all applications as she has done in the past. Would that be more efficient? I am enclosing a list of 23 twos occupation that Mere approved by the City Comnission during 1988. Please note that 10 have rot applied for their licenses. At my request, Karen called each ore and they all said they Mere not awaze they had to obtain a license. All they had to pay was the 575.00 up front. Rfiis might tx: alleviated if one office handled all applications. E~ ..acUOn ~. Thies or Jinau~:c .._.il l t..l ._ rYf ect up ~n il& adcp.tion. 1'a:,~ed by tt,c Ci IY Coinn, i::¢r,.i. ..:. ti, st rcaJin9_______________ Pac:;od by thr Ci Ly Commies iui, ._ i. ..<~.ouJ :n,J Sinsl rcaJiny '. Mill rem I. uulliford, Jr. K, Y.,.. 1'rrs idi nq Ofi icrr '. Approved us to Form and Ccn.,atn~:,_.: ('laude L. Kul lic. City Af.t<,. uey 15EAL1 Kauruen Kin.l, City Clerl: L... r. 5) A nonilluminated nameplate not exceeding one (1) squaae loot in area, mounted flat ayoinst the call at a position not more than tro t2) feet distant from the main en ta'ance to U',e residence. 6) No equipment m- proeeu;a shall be used in a home occupation vhlch creates noise, vi bratlon, ylare, fumes, odors of electrical interference delectable to the normal senses oft the lot. All motors antl equipment shall he shieldetl so a& not to cause radio or telericion interference. 7) There shall be no Bale of commodities other than Chose made on the premises provided that the uales shall be conducteo rithin the building and no display or advertising shall be risible from the outside of the building. 81 Fabrication of articles such ac are commonly claesif ietl under the terms arts and handicrafts may 6e deemed a home occupation. 9) Moss- acoupa tlane- i+hal 1. woi -br cows2wed- ~o- include-ucec- rhLc1F ri ll manes ate-greater-ralames ~F i+-aE[ic -Leas-wor~na-11Y axp~aeted- in -a~w:idawtial~a4gAbsrMood, - aor-siw~l3 -.i Tr J,e- aoaalsrad -to- ir~c ludo was bar-~ahapsr ~aaty- yaelvra~ -4ued• proeesaing- ast~blichmants,- east aureola,- awtlqua ctc.ruc '-'- aoamaroiaS Jesgnr]r+_ Hom¢ occupations shall not be construed or cu on 30) There rill be no oedcstrian traffic, vehicular tr afiic or llf If a home occupation reaches a level of activity that detracts from the rusidentlal character of the area, it she 1 be considered a commercial or busines6 activity and e s be required to relocate to an appropr a e zoo ng Setr ct There such use is perms to . i 1AY (12) A plan shoving the location and total floor area of the residence on the lot, the area of room ao- srgxia to br~ utilized for the home occupation, ingresa and egress Sx om the public riyht-of -vay, obeli accompany the application foe exception or permit Sur the home occupation. GRDINANCE NO. 90-BD-130 AN ORDINANCE AMENDING Tf1E ORDINANCE CUDE OF THE CITY OF ATLANTIC BEACH, FLUHIDA; AMENDING CHAPTER 24, ARI'I CLE 13 I, DIVISION 7, SECTION 24-159, HOME OCCUPATION REGULATIGNS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE: CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 24, Article III, Division 7, Section 24-159 is hereby amended to read as Sollors: CIfAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE III, ZONING AND SUBDIVISION DIVISION 7, SUPPLEMENTARY NEGULATIONS Sec. 24-159. Hone Occupations Hone occupations are a permissible use by exception in =11 districts. The Solloring regulations are applicable to homy occupations: 11 No person other than members of the family recitling on the pre~isee shall be engaged in such occupation. 2) Ma-Move-cewpst4oa ahal )-sees py-ware-Man-twenty-4lve~-425+ p¢.~pon} -oL- tMo- f-ysor ores -o f• Mr dreiHng- Bn4~: ^ Ho more ... _._ ova t., area of land is permitted. 3> No home occupation shall be cdnducted in an aecessury building or attached yea age, but must be conducted in the residence of the proprietor. q/ The home occupation shall bo clearly incidental and subordinate to its reuidentlal use and ahal 1, under no clrcuastances change tl,u outside appearance or tt.~• reeldential character of tho building. JUDICIAL CODE section m move away or disgrse and, incase of neglect or refusal to obey such order, to arro[ or muu m bt arrested the person or persons refus- ing or neglecting to obey. Violation of this se<- tian shll l contiLYte l Class D OITerlat. Nbraq,_Oads I%s. a 263; Ord Ta~95o~a?a: Ord. TL 79T^eu. Ixmsra770-1-107 i 819.IOa Mlnori curfew. I (O IL shall be unlawful far a minor under the age o[ sixteen years to loiter, idle, 1 wander, stroll or play in or upon the public s«eels, highways, coeds, alters, parks, play i grounds, wharves, docks or other public grounds, public places and public buildings, or places ofamuument and entertainment, vacant lots or other unupervised places in the laity ba- ' tween Ne hours of 1200 midnight and sunrise of the following day, local standard time: provid- ed, that the provisions of this section do not apply to a minor accompanied by his parent, guardian or other adult designated by the par- ant or guardian or where [he minor is uqn le- gitimate business. ~ Ib) It shall be unlawful for the parent, • guardian or other adult person designated by ' the grant or guardian having the care and cus- tody of a minor under the age of eighteen years knowingly to permit the minor to loiter, idle, wander, stroll or play in or upon [he public j streets, highways, roads, alters, parks, play- , grounds, wharves, docks or other public grounds, public places and public buildings or places ofamusement and entertainment, vacant tote or other unugrvised places in the City in violation of subsection la). (N Violation of subsection (b) of this section shall contilute a class A oRense- RiHSry.-CNe I%a. ra T6T/. 2a~T9: Ord. Ta-6anaT6: O.d. T L]aT.l /1:0.4. T34%STa. a. I:Ord. a7~591 ~a0a, a. 1. \gt..Fwmera]]a.IW. 81{.105 Open sorage of motor velti- ele Gres. Ko open storage of used mover vehicle tires lea motor ueAicfe is defined in s. 320.01, Florida Slatulas) or «adar tires shall be per- mitted in any coning district one year after Nareh 5, t9g7. One year after March 5, 1987, it shall 6e unlawful and class D oRense for any person, firm, partnership, corporation or other entity to knowingly permit the uncovered and oprn storage of new or used momr vehicle tires or erecter rim uqn iu propeny in Duval Coun- ty. The provisions of this stttion shall not apply to the outside storage of less than three hundred used motor vehicle tirn or «aetor tires by t bus- iness which sells new tires, services or repairs tires, ncaq tires or temgrarily stores tires far later disposal in Ne normal course of its busi~ ness or to f«es being ulili:ed for recreational, safety or directional Durgse so long as such storage or use does not create • harard to the health, safely and welfare of the community. Hirwry.-Ord. %~1297~/TT. a.I. 6Id.10g loitering. soliciting, begging ate. in public offices or buildings open to the public The Council finds that any person who loiters or prowls in • place, at a time or in a manner not usual for law-abiding individuals, under tircumctanees that warrant a justifiable and reasonable alarm or immediate concern for the safety of grsons or property in the vicinity constitutes a threat to the public safety or breach ofgace. The Council further finds theta person commits the oRense of loitering when that grson knowingly loiters in env place with one or more persons knowing that a narcotic or dangerous drug, as detailed in Chapter 893. Florida Statutes, is being unlawfully used ar gssessed. (al It shall be unlawful for a grson to linger, loiter, sit or ctand in an)• public room in any hotel, office or building in the Cily or to use any public room for business or social purposes in violation of the expressed wish of [he owner, lessee, managing agent or grson in charge of the building in which the Dublic room, as de- fined herein, is situated. for the purpose of en- forcement of this section, it is presumed that if the owner, lessee, managing agent or other per- son in charge o(a building prominently displays a coDY' of this section as provided in subsection let herein, or prominently displays a sign on the premises stating, generally, ti0 LOITERING. SECTION 61e.106, MUNlCfPAL CODE. that he considers the activities declared unlawful in this xction to be in violation oC his expressed wish. (bl IL shall he unlawful for a person to solicit customers or q«onage for himself or on beF.alf of an)' other person or distribute advertis- ing or advertising (natter upon the premises in any hotel, office or building in the City or m so- licil, xek or btgfor donation or charity for him selfor on belul(of any person upon the Dremius of or in • hotel, ofGte or building without first having secured the written consent w to do from Ise]Suso_/ ~ 336 Passed by [he City Commission on First Heading Passed by [he City Comm[ss ion on Second Reading Milliam I. Cullfford, Mayor, Presiding Officer Approved as to Form and Correctness: Claude L. Mullis, Clry Attorney (SEAL) ATTEST: Maureen King, City Clerk , ~..-: - ~-- (~ _ ORDINANCE N0. 57-89-13 \\y~/\) ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF A7LAN'fIC BEACH, FLORICA; AMENDING CHAPTER 13 TO ADD Ntll SECTIONS 13-8 b 13-9 TO REGULATE THE POSSESSION AND DSE OF REPLICA FIRE ARMS; PROVIDING AN EFFECTIVE DATE NHEREAS, the possession and use of replica fire arms has prol lfera[ed 1n recent years in [his community; and NNEREAS. needless loss of life, including [he lives of children, has occurred across [he United S[a[es due [o toy guns being mistaken for real guns; and, NHEREAS, such replica fire arms cannot be distinguished from actual fire arms; and, , NHEREAS, when such replica fire arms are perceived as actual fire arms, fear and dangerous defensive actions result; NOY, THEREFORE, THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA DOES HEREBY ORDAIN AS FOLLONS: Section I. Chapter l3 is hereby amended [o add Subsection 13-8 and 13-9 which shall read as follows: CHAPTER 13 OFFENSES Section 2. This ordinance shall cake effect upon fcs adoption. ~,.. Section 13-9. REPLICA FIRE ARHS - POSSESSION AND USE REGULATED ~. F_ a ~,. Q ~ ORDINANCE N0.95-E9-38 u 4'HEREAS, The CS[y of Atlantic Beach acquired a number of lots in Sal[air Subd Svision for [he creation of a passive park named Novell Park, and NHEREAS, Villiam S. Hixson of Atlantic Beach ovns Lot 316 Saltafr which said lot fronts immediately upon [he entrance to said park, and fIHEREAS, The Cicy of A[lan[ic Beach ovns Lot 305 Sal[air which said lot fronts on Nagnolla Street immediate Ly [o the rear of Lot 316, and {lHEREAS, Lot 316 being closer [o the entrance of Novell Park and therefore more likely to be utilized rather than Lot 305, and NHEREAS, Nilliam 5. Hickson has indicated a willingness to trade Lot 3l6 for the City's Lot 305, NOW, THEREFORE, 8E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Sec tfon 1. The Ci[y Commission hereby authorizes the transfer of Lot 305 Saltafr, section 3, plat book 10 page 16 current public records of Duval County Florida to Nill lam 5. Nixson, 310 Pine Street, Atlantic Beach in exchange for Lor 316 Saltafr, section 3, plat book 10 page 16 current public records Duval County Florida. Section 2. This ordinance shall take affect upon its adoption. Passed by the Ci [y Commission on firs[ reading Passed by the City Commission on second and final reading Nilliam I. Gulliford, Mayor, Presiding Officer Approved as to Porm and Correctness: Claude L. Mullis, Cicy Attorney (SEAL) Mau[een King, City Clerk b.- r~' ~' OI i3•lw.o+.r .• _ e, L• tl U eS J/y 11f Tf Y U •4ili•4L i'1('~'g'"j'1' O L 5 b YY YY(/ UJ y YY I ~ 0 tI. i eg• i ~,^-w~n~' ~ i ] •°io ~t ~ ~' Y / °~h i 0 I •: ;~L O r. = as =; ..__...: oe'w J a ( Su ao y 4 1"0'n'tl~~ ^. _esy e.l.n ;: LL1 Y- 7 •7?iiY i:. ~. '. .M1 .ar^'e Q s u no ar ~i d~ POV~fJ1/° G~ Y.' 3e~ee T^.e Y Y + h 1 tYp 11 ~.: ~ ~~!~:~i~is$i~ne iiw W ! W nr ii '~Oi•~y•h(oyY ,I ~.•-.~•~.,-r +c i bb yy ~a7± t ~~~~ J u a~f:o: y: a««:+_~3G ~ u ~?n iC iooi°o~D~rt Y~ •-'- ~",••,' '~!ci Q :$F'S:e'r= .rS~y~^«3e ° O ur U5 Yy.ya7< JW .'.., i_1 - X~Fk=«EYre: s:1 of'; a u u ~ f Y Yf~o G j h y Q ., .., . O ntl a~ a~YP i • •?o p'~ n ~I I s --. j.~eee Yre PO _w^.~eJ^ ~ aZ n • n JY o i ~ ~ -n w::.- _ ~~: fE ~:i~ N _ Y ~ i ~ ` f > 9o~r~F I _ ..., r ~- Q' i ~: •~, dY Oa~~. : Y re .I.. yL WIZ :or1"~sp „ r% ?I ~•.:-. '} IIL II ~.~Y~~ X19 Yye Q. 1 3 X71 e-•• ~Ok3EIl,~~~ ~/9/PUS .,~ e•I ....-41: ~ { Y»1 . i LO'1 'L,n09 do l'aVd ,e^V •Im .lii{~'4.I~ ~e~~o.r9r~. I ~~ 1 r..LS~x.lvn 'I` -• ^~~a I32- }: j .21246 MG FO OGM1 ~O'G~I ~ . .. ,~ Ty(_ it=~,y., ';``a. S, 4 „fi r I ,1'•• ^ 0 4S I:"• M( 1i ~e r~ YStl, r•`,••~}F ]]]lat. ~' •: ,, ,y,~~~+ n'~7 ~41 _.- .. '~,1•~~ ~. ~r 0 1 ~ li r t~ I i ~1: • a r. e. ~a• 1.. ~T~. 0., .~o tLa a~~rr~i :I ~~:.: ~ t t•••. 1 ~ M ~= I e 4 ^:^'' ~ i • I Q ~ a 1 ~'. ~ •~i ,~ ~.M,,,, + ~ t~ '~i '~ ^ r ~ is n ~~ : -0 " ~»:~•_-.. 1'~ z 1 :: ,I i • ^ M _ M E.~i Sj-• .11t •ti f: 1y .: ~ I~ .6~ N,,•y` :l .r q 1~ .u,~l:~• •. •4. ,1 i6.. /1at~ f f c ly~'~••::Y,n, - ~ I_._. ' ...~,''; ,j ~.:'.'." ".CL~:irallis[~ I [ti1I13d'y~ p.i ~t1~•:~, ~~~' • ,'t .~ ~ 1}~-~ t_ ~. .-4 ~.Cv%,.~~C: .' °tS 2j1!t+~^,: .. ~~r 4• '•'i,•,~~.i-'-i *-• ~ 10`.~ {o a ..r k'•~ ..elm „.~'e :n . V __ ~ -^ .~ .., -Cw " tz x.10 D_i. S~GII ~• KQ]Z j ,~ ~f Ili L . -... ~~sao ~.~iL,r~ I ma 1 1 / J -oss~ J ~~• ~ \ J ~ • I v:,' t1\\ ;, a // :1. ~ _.~~i11~J~ \•~~~~ VbF.~~I.4 ~'f.-~~\\'i:.. •1.1\,~~t,I llfl•~I .~14~:/I1 \':li II~O.,wnl n ~ ^ ORDINANCE N(1. 65-88-18 /V AN ORDINANCE CLOSING, ABANUONI NC AND VACATING THAT PORTION OF OLD SHERRY ROAD FROM THE NORTH CITY LIMITS 1.1 NE OF ATLANTIC BEACH SUUTH fi0 FEET; RESERVING TO THE CITY A PERMANENT FASF?fENT F'OR UTILITIES AND OTHER CITY SF:RVICF.S; YROVIDINC AN EFFECTIVE DATE. VHEREAS, Se lva Marina Drive, formerly known as Old Sherry Drive, Is tutten[ly open to [he north city limits of the Ci[y of Atlantlc Beach; and VHEREAS, at the point where Selva Marina Drive intersects Che north city limits line of the City of Atlantic Beach [here exists a Plat of 100- foot right-of way called Old Sherry Drive; and VNEREAS. shoo ld [his right-of-way ever become open a tremendous flow of traffic would come through a vu ry dense residential neighborhood; and f7HEREAS, [he City of Atlantlc Seach wi shea [o close [ha[ por cfon of the Se lva Marina right-of-way from the north city limits line south a dis- tance of appro:imately 60 fee[. NOw, THEREPORE, BE IT ORDAINED BY THE CITY COMNI SS ION OF THE CITY OF ATLANTIC BEACH, FLORIDA, that: SECTION L. That Section of Se lva Narlna Drive chroughouc Sts entire width From [he north city limits line south 60 feet Ss hereby closed, vacated and abandoned Sn all respects with the C1[y of Atlantic Beath reserving a permanent 25-foot easement [hereon for ut111t ies, drainage and [he use of police fire and sanitation vehicles; SECTION 2. This Ordinance shall take effect upon its adoption. • • f 4 • • R Passed by the C1[y Cammisslon on firs[ reading Passed by [he CS[y Commission on second and final reading FF1111am I. Culliford, Mayor, Presiding Officer Approved ae to form and correctness: ' Claude L. Muliie, City Attorney (SEAL) ATTEST: Maureen King, Cicy Clerk Approved as to content and form: Claude L. Null m, City Attorney 13 ;~~.,, C. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. D. No agreement shall be effective to add to, change, modify, weive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties thereto. E. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that the same shall not ba unreasonably withheld or delayed. F. Any and all paragraphs or subparagraph titles used in this Agreement are for convenience of reference only and are not a part of this Agreement. G. This writing embodies the entire agreement and understanding between the parties hereto and there is no other agreement or understanding, oral or written, with reference to the subject matter hereof, that is not merged herein and superceded hereby. No alternation, change or modification of the terms of this Agreement shall be valid unless made in writing by the parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written: WITNESSES: DEVELOPER: Ey T1 WITNESSES: UTILITY: Ey Title 12 Yr,~. fz Post Office Drawer 25 Atlantic Beach, Florida 32233 To UTILITY ATTORNEY: Claude L. Mullis 4250 Lakeside Drive, Suite 116 Jacksonville, Florida 32210 To DEVELOPER: Naval Continuing Care Retirement foundation, Inc. d/b/a Fleet Landing 111 Riverside Avenue, suite 200 Jacksonville, Florida 32202 To DEVELOPER ATTORNEY: Mr. Bert Simon 1325 San Marco Blvd. Post Office Box 10697 Jacksonville, Florida 32247 XVI. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida, and it shall become affective immediately upon execution by both parties thereto subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. XVII. LEGAL ENFORCEMENT In the event that either party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees. XVIIZ. TERM OP AGREEMENT This Agreement shall ba in full force and effect so long as UTILITY has legal responsibility to provide water and sewer service to fleet Landing. XIV. MISCELLANEOUS PROVISIONS A. whenever the singular is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. B. Exhibits mentioned herein shall have been signed or initialed by the duly authorized partners, officers, agents or attorneys of the parties hereto and are hereby incorporated herein by reference and made a part hereof as if fully set forth herein. 11 ~. , XII. SURVIVAL OF COVENANTS The rights, privileges, obligations and covenants of the DEVEIAPER and the UTILITY hereunder constitute covenants running with the land and shall survive the completion of the work required by the respective parties. However, in the event DEVELOPER has not paid and delivered to UTILITY the monies or property to be paid or conveyed to UTILITY by DEVELAPER under the terms of this Agreement, then this Agreement shall not ba sold, conveyed, assigned, transferred or otherwise disposed of by DEVELOPER without the written consent of UTILITY first having been obtained. However, UTILITY agrees not to unreasonably withhold such consent. XIII. FORCE MAJEURE In the event this the performance of this Agreement by either party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of either party, including, but not limited to, act of God or public enemy, war, national emergency, allocation of or other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fellout, wind storms, hurricane, earthquake, or other casualty or disaster or catastrophe, failure or breakdown of pumping transmission or other facilities, governmental authority or commission or board or agency or agent or official or officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling order, order or decree of judgement, restraining order or injunction by any court, said party will not be liable for such nonperformance. XIV. BINDING EFFECT AND ASSIGNMENT OF AGREEMENT The Agreement shall be binding upon and shall inure to the benefit of DEVELOPER, the UTILITY and their respective successors and assigns, by merger, consolidation or otherwise, and nay be assigned by either party. Assignor will provide fifteen (15) days notice to the other party prior to actual assignment. XV. (~$$ Until further written notice by either party to the other, all notices provided for herein shall be in writing and trnneaitted by certified mail, return receipt requested, and shall be mailed as follows: To UTILITY: Richard C. Fellows, City Manager City of Atlantic Beach 716 Ocean Boulevard 10 At or prior to the time any residence or other building in Fleet Landing is occupied by DEVELOPER, a water meter shall ba installed by the UTILITY and DEVELOPER shall pay the usage charge as well as the base facility charge, as prescribed by the UTILITY'S tariff. X. EXCLUSIVE RIGHTS OF UTILITY A. DEVELOPER, as a further and essential consideration of this Agreement, agrees that DEVELOPER, or its successors and assigns, shall not (the words "shall not" being used in the mandatory definition) engage in the business of providing potnble eater service and/OR sanitary sewer service to Fleet landing during the time that the UTILITY, its successors and assigns provide potable water service and/or sanitary sewer service to Fleet Landing, in accordance with this Agreement; it being the intention of the parties under the foregoing provisions, and under other provisions of this Agreement, that UTILITY shall have the sole and exclusive right to provide potable water and domestic sever service to Fleet Landing, except as provided herein. Notwithstanding any provisions of this Agreement to the contrary, DEVELOPER may, at its option, employ water, other than that furnished by UTILITY, for irrigation systems, and for heat exchange facilities, or any other use that does not require potable water. XI. CUSTOMER INSTALLATIONS The responsibility for installing and connecting eater and seer lines to Fleet Landing's residences and other buildings is that of the DEVELOPER. With reference to such connections, the parties agree as follows: 1. All such connections must be inspected by UTILITY before backfilling and covering of any pipes; 2. xotice to UTILITY requesting an inspection of a connection must be given in writing by the plumber or DEVELOPER, and the inspection will be made with 72 hours, after receipt of notification not including Saturdays, Sundays, or legal holidays; 3. If UTILITY fails to inspect the connection within 72 hours after such inspection is requested by the DEVELOPER, DEVELOPER may backfill or cover the pipes without UTILITY'S approval and UTLLITY must accept the connection as to any matter which could have been discovered by such inspections; - 4. The cost of constructing, operating, repairing or maintaining these connections shall be that of DEVELOPER and all such work shall be accomplished and paid for by DEVELOPER: and 5. DEVELOPER will utilize water furnished by UTILITY for all its potable domestic requirements and will utilize sever service furnished by UTILITY and will not construct any wells for these purposes or obtain water from any other source for these purposes, except as set forth herein. B. Pavm~nt for Construction water DEVELOPER shall pay to UTILITY, within ten (10) days of commencing construction of residences or other buildings on the PROPERTY, an amount of money which ie equal to UTILITY'S tariff rate for one thousand (1,000) gallons of water, time the number of residences or other buildings to be constructed or installed on the PROPERTY. The rata employed shall be the rate then currently approved which, at the time of this writing is $0.45 per one thousand gallons for Atlantic Beach system and $0.68 per thousand gallons for the Buccaneer system. The applicable rata will apply. C. Construction water to be provided by UTILITY pursuant to this Agreement is not "potable water service" as defined by this Agreement. Thus, UTILITY'S providing construction water to DEVELOPER is not notification by UTILITY that potable eater plant capacity is available and does not obligate DEVELOPER to pay the base facility charge for water or sewer service as specified in Paragraph IX of this Agreement. The obligation of DEVELOPER to pay rates other than for construction water are set forth in Paragraph IX of this Agreement. VIII. CONTRIBUTIONS-IN-AID-OF-CONSTRUCTION Service Availability Charaea A. Upon acceptance of this Agreement by UTILITY and commencement of construction of the On-site Systems, DEVELOPER shall pay to the UTILITY the Service Availability Charges set forth in Exhibit "C" attached hereto and made a part hereof. UTILITY, its successors or assigns, may establish, amend or revise, from time to time in the future, and enforce modified charges, but such charges so established and enforced shall at all times be subject to regulation, change or approval by the city Commission of Atlantic Beach, Plorida. B. The entire on-site Systems shall be constructed and Snetalled by DEVELOPER at its own costs, or by parsons or entities other than the UTILITY acting for DEVELOPER. All such work shall be performed by a licensed contractor approved by UTILITY. C. Any substantial alterations or modifications in this development plan will be discussed with the UTILITY and may alter the amounts required to be paid by the DEVELOPER hereunder. The UTILITY will have no obligation at any time to furnish water plant or sewage treatment plant capacity in excess of that required to serve as set forth in Paragraph IV of this Agreement. IX. RATES Upon accepting this Agreement, UTILITY commits to and reserves for DEVELOPER the eater and sever treatment plant capacities in the quantities ae set forth herein. serving public food preparation establishments, such as restaurants, or laterals serving three or more duelling units are specifically included within the term "mains".) (a) Chlorination disinfection of all water lines. (5) Exfiltration, infiltration tests of all sever lines required by governmental regulation at the time of such tests. (6) obtain required samples of eater from all water lines for water quality and safety testing. (7) obtain all required approvals by regulatory authority for public use of all water and sever lines. UTILITY shall assist as requested by DEVELOPER. (9) Turn over to UTILITY all written evidence of the regulatory approvals required and obtained pursuant to this provision. (9) The costs of all tests and inspections incurred pursuant to this Agreement shall be paid by DEVELOPER. 6. DEVELOPER agrees to assign to UTILITY any and all warranties, guarantees, and rights to enforce same which DEVELOPER obtained from any person who provided materials and any contractor constructing the off-site extension systems. DEVELOPER, by terms of this Agreement, also agrees to indemnify and hold harmless UTILITY for any loss, damage, cost, claims, suits, debts, or damages by reason of latent defects in the Off- site System, which were not discovered upon normal engineering inspection, for a period of one (1) year from date of acceptance by the UTILITY and said Off-site System. DEVELOPER will retnin ownership of all on-site water facilities and all on-site sewer facilities, and, as a condition oP this Agreement, will maintain such on-site facilities to a standard acceptable for continued occupancy of Fleet Landing. 7. DEVELOPER agrees to pay the applicable charges for a single eater meter and for a single water meter installation in accordance with standard provisions in the UTILITY' tariff, at time of service request or application for service. All meter charges shall be paid in addition to any other fees specified in this Agreement. Further, the water meter shall be of a size and capacity determined by UTILITY. The preceding notwithstanding, DEVELOPER may choose to install more than one (1) water meter, in which case DEVELOPER shall be responsible for all applicable charges and installation costa for all meters provided by UTILITY. VII. CONSTRUCTION WATER A. Delivery oP Services As portions of the on-site water system are inspected and approved in accordance with the requirements of Paragraph VI.C.4 of this Agreement, such portions may be connected to the UTILITY'S water system for purpose of providing construction water to the DEVELOPER. the following conditions and provisions shall govern as conditions precedent to the providing of service by the UTILITY: 1. Prior to commencement of construction of any Pdcilities by DEVELOPER, DEVELOPER shall Cause to be prepared engineering plans and specifications, prepared and sealed by a professional engineer registered in the State of Florida, shoving the on-site water system and sever system of sizes, dimensions and configurations reasonably required to adequately serve Fleet Landing and not less than the minimum requirements of regulatory agencies having authority over such systems; and 2. UTILITY shall cause its engineers to submit to the DEVELOPER'S engineer specifications governing the materials, systems, and design parameters to be used and the method and manner of installation. The plans and specifications shall be submitted by DEVELOPER'S engineer to UTILITY'S engineer for written approval prior to the commencement of construction. The approval required by UTZLITY'S engineer shall not be unreasonably withheld or delayed, but no construction of said facilities shall commence until UTILITY'S engineer has approved ouch plans and specifications. Three (3) seta of complete "as- built" plans shall be submitted to UTILITY by the DEVELOPER upon completion of construction; 3. UTILITY will ensure that all water distribution and sewage collection facilities, save and except those on Fleet Landing property, have been covered by easements if not located within platted or dedicated road rights-of-way in accordance with Paragraph XI of this Agreement; 4. During construction of the on-site systems by DEVELOPER, UTILITY shall have the right at reasonable times to inspect such installation to determine compliance with the plans and specifications. UTILITY shall control the quality of installation and further shall be entitled to require DEVELOPER to perform standard tests for pressure, exfiltration, infiltration, line and grade and all other normal engineering tzsts to determine that the systems have been installed in accordance with the plans and specifications and good engineering practice; 5. Prior to acceptance and connection of the On-Site Systems with the UTILITY'S water and sewer systems, the UTILITY'S engineer shall have inspected and accepted all construction work performed by the DEVELOPER as being in accordance with the plans and specifications approved by the UTILITY and good engineering practice. Such good engineering practice may include, but not be limited to the following: (1) Hydrostatic test of all water lines in accordance with regulatory requirements in force at the time of the teat. (2) Flushing of all water and sewer lines to remove all foreign objects and materials. (3) Television inspection of all gravity sewer mains. (Laterals projecting from mains serving two residences or less are specifically excluded from this requirement. Laterals system and sever system constructed by the DEVELOPER, or commence rendering the potable water or sanitary sewer service contemplated hereunder, until all covenants by DEVELOPER required by this Agreement have been performed or have occurred. E. DEVELOPER'S development of Fleet Landing may proceed in stages whereby DEVELOPER constructs and/or installs portions of the On-Site Systems and may, upon DEVELOPER'S compliance with the terms of this Agreement, have such stage or portion of the On-Site SysteID inter-Connected to UTILITY'S Off-Site System. The provisions of this Paragraph ZV. E. shall not relieve DEVELOPER oP payment of the rates and charges in the amounts and at the times specified on Exhibit "c" or as determined by Ordinances of the City. V. ASSURANCE OF TITLE Within a period of 30 days prior to the commencement of work by UTILITY on the off-site system, at the expense of the DEVELOPER, DEVELOPER agrees to deliver to UTILITY an opinion of title from a qualified attorney at law, with respect to Fleet Landing, which opinion shall include a current report on the status of the title, setting out the name of the legal title holders, the outstanding mortgages, taxes, liens and covenants, and proof of option held by DEVELOPER and/Or its Agent. The provisions of this paragraph are for the purpose of evidencing DEVELOPER'S legal right to enter into this Agreement. VI. METHOD OF EX^ENSION AND DELIVERY OF SERVICE A. Off-Site Construction The responsibility of design, construction and installation of all on-site and off-site water facilities and all on-site and off-site sewer facilities shall be that of DEVELOPER, at DEVELOPER'S cost. DEVELOPER will cause to be designed, and UTILITY will cause to be constructed and installed the necessary off-site water and sewage transmission facilities and systems required to extend the water and sewer systems of the UTILITY to the points of interconnection as shown on EXHIBIT "B". The DEVELOPER shall be responsible for the construction and payment of all costs of these said facilities. Such construction shall be completed by a date mutually agreeable to both DEVELOPER and UTILITY. The DEVELOPER shall be responsible for the payment of all costs associated with design and construction of said facilities. DEVELOPEP. will modify the design and cause to be constructed the facility known as the Fairway Villas pump station so as to provide the necessary capacity for treatment of sewage in accordance with governmental regulatory agency requirements. The design and construction of said pump station shall include all the ?? thereon from the point of interconnection to the Atlantic Beach treatment plant. B. condition Precedent With respect to the construction of such on-site facilities, this Agreement. This Agreement and any document required to be delivered hereunder will constitute the valid and binding obligation of UTILITY in accordance with its terms: C. The making of this Agreement will not violate the provisions of any statutory law, federal or state, or the By-Laws of UTILITY, or result in the breach of or constitute an event of default under the terms of any contractual agreement to which the UTILITY is party or by which UTILITY is otherwise bound; D. There are no actions, suite or proceedings pending or threatened against UTILITY which, if adversely resolved would affect the enforceability of this Agreement in accordance with 1te terms; and E. UTILITY will comply with any applicable rules and regulations of governmental authority having jurisdiction over its operations and this Agreement, any such applicable rules, regulations and authority, as now constituted being incorporated into this Agreement and made a part hereof by reference. F. UTILITY will obtain all necessary permits, licenses and governmental approvals needed to enable it to carry out the performances of the UTILITY under this Agreement. IV. OBLIGATION OF THE UTILITY A. UTILITY shall provide and maintain for use of DEVELOPER water plant capacity of 120,000 gallons per day and sewage treatment plant capacity of 90,000 gallons per day at the Points of Interconnection. Such water plant capacity is available now, with sewer plant and off-site collection system capacity to be made available by DEVELOPER not later than 12 months from date of execution of this Agreement, and are planned to be interconnected with the on-site water system and sewer system in accordance with the terms of this Agreement. DEVELOPER will construct or deliver to Fleet Landing and make ready for use and occupancy, residential connections of 120,000 gallons of water demand per day and 90,000 gallons of sewer demand per day. B. The representations by the UTILITY are based upon the proposal submitted to UTILITY by DEVELOPER for the development of Fleet Landing in which there shall be required no more than 120,000 gallons of water plant capacity per day, and no more than 90,000 gallons of sewer plant capacity per day. In the event that the DEVELOPER'S plans are substantially changed, DEVELOPER shall notify UTILITY in writing of such modified plans; then in that avant, UTILITY may require DEVELOPER to increase the amount of money to be paid for the additional plant capacities and/or for the additional fire protection (such increase to be based upon the equivalent residential units of the additional service required, caused by such change by DEVELOPER). C. ey execution of this Agreement UTILITY warrants that any temporary lack of sewer plant capacity will not be grounds for denying DEVELOPER or its agent any license, approval, or permit necessary to commence construction on Fleet Landing. D. UTILITY shall not be required to connect the water this Agreement. This Agreement and any document required to be delivered hereunder will constitute the valid and binding obligation of UTILITY in accordance with Sts terms; C. The making of this Agreement will not violate the provisions of any statutory law, federal or state, or the By-Laws of UTILZT`_', or result in the breach of or constitute an event of default under the terms of any contractual agreement to which the UTILITY is party or by which UTILITY ie otherwise bound; D. There are no actions, suits or proceedings pending or threatened against UTILITY which, if adversely resolved would affect the enforceability of this Agreement in accordance with its terms: and E. UTILITY will comply with any applicable rules and regulations oP governmental authority having jurisdiction over its operations and this Agreement, any such applicable rules, regulations and authority, as now constituted being incorporated into this Agreement and IDade a part hereof by reference. F. UTILITY will obtain all necessary permits, licenses and governmental approvals needed to enable it to carry out the performances of the UTILITY under this Agreement. IV. OBLIGATION OF THE UTILITY A. UTILITY shall provide and maintain for use of DEVELOPER water plant capacity of 120,000 gallons per day and sewage treatment plant capacity of 90,000 gallons per day at the Points of Interoonnection. Such eater plant capacity ie available now, with sewer plant and off-site collection system capacity to be made available by DEVELOPER not later than 12 months from date of execution of this Agreement, and are planned to be interconnected with the on-site water system and sewer system in accordance with the terms of this Agreement. DEVELOPER will construct or deliver to Fleet Landing and make ready for use and occupancy, residential connections of 120,000 gallons of water demand per day and 90,000 gallons of sewer demand per day. B. The representations by the UTILITY are based upon the proposal submitted to UTILITY by DEVELOPER for the development of Fleet Landing in which there shall be required no more than 120,000 gallons of water plant capacity per day, and no more than 90,000 gallons of sewer plant capacity per day. In the event that the DEVELOPER'S plans are substantially changed, DEVELOPER shall notify UTILITY in writing of such modified plans; then in that event, UTILITY may require DEVELOPER to increase the amount of money to be paid for the additional plant capacities and/or for the additional fire protection (such increase to be based upon the equivalent residential units of the additional service required, caused by such change by DEVELAPER). C. Hy execution of this Agreement UTILITY warrants that any temporary lack of sewer plant capacity will not be grounds for denying DEVELOPER or its agent any license, approval, or permit necessary to commence construction on Fleet Landing. D. UTILITY shall not be reoulred to connect the eater to the sewage collection system on the Fleet Landing Bite. G. SERVICE: Means the readiness and ability on the part of the UTILITY to furnish potable water service and sanitary sewer service to the development, subject to the terms of this Agreement. H. POINT OF DELIVERY: The point where the pipes or maters of the UTILITY are connected with the pipes of DEVELOPER. Unless otherwise indicated, the Point of Delivery shall be at the Property boundary line. I. POINTS OF INTERCONNECTION: The location or locations at which the off-site systems are connected to the On-site Systems as shown on Exhibit "B". II. REPRESENTATIONS AP1D WARRANTIES OF DEVELOPER DEVELOPER warrants and represents,~which warranties and representations shall specifically survive the making of this Agreement: A. DEVELOPER is a not-for-profit corporation under the provisions of IRS Code 501(c)(3j, duly organized and in good standing under the laws of the State of Florida, and has the power and authority to carry on its business as now conducted: B. DEVELOPER has the power and authority to enter into and perform this Agreement. This Agreement and any document required to be delivered hereunder will constitute the valid and binding obligation of DEVELOPER in accordance with its terms; C. The making of this Agreement will not violate any provision of any law, federal or state, or the corporate documents of the DEVELOPER, or result in the breach of or constitute an event of default under the terms of any contractual agreement to which DEVELOPER is party or by which DEVELOPER is otherwise bound; D. There are no actions, suits or proceedings pending or threatened against DEVELOPER which, if adversely resolved, would affect the enforceability of this Agreement in accordance with its terms; and E. xo approval, authorization, or consent of any connection with the execution, delivery or performance by DEVELOPER under this Agreement. III. REPRESENTATIONS AND WARRANTIES OF UTILITY The UTILITY warrants and represents which warranties and representations shall apecif ically survive the making of this Agreement: A. UTILITY is a Florida municipality duly organized and Sn good standing under the laws of the Stnte of Florida and has the corporate power and authority to carry on its business as now conducted; B. UTILITY has the authority to enter into and perform and apply unless the context requires a different meaning: A. FLEET LANDING: The land described in Exhibit "A" and any supplements to Exhibit "A" in the future as may be agreed upon by the parties, initialed and dated. Fleet landing includes a residential retirement community of approximately 326 living units; a maximum oP 26 assisted living beds, a maximum of 42 skilled nursing beds, both located in the Health Center; and ancillary public spaces in a centrally-located community Services and Wellness Center to be constructed thereon by DEVELOPER. 1. Living Units: Apartments, single-family, duplex, 4-plex, and 6-plex homes designed for occupancy by senior citizens capable of independent living. These range in size from 600 SF to over 2000 SF. 2. Assisted Living Bed: A small apartment, located in the Heath Center, approximately 225 SF in size, occupied by a senior citizen who needs some assistance in the activities of daily living. 3. Skilled Nursing Bed: A semi-private or private nursing bed located in the Health Center, occupied by a senior citizen who requires full nursing care. The space allocated is approximately 120 SF. 4. Health Center: A 2-story centrally-located building that will contain all assisted living and skilled nursing beds. 5. Ancillary Public Spaces: Those areas such as a maintenance building, tennis court, and gazebos to be used by residents. Some of these spaces may require limited water and sewer capacity. 6. Community Services and Wellness Center: The Fleet Landing central building that will contain indoor activities rooms, dining facilities, administrative offices, and other indoor support areas. B. DEVELOPER: Refers to Naval Continuing Care Retirement Foundation, Inc. or any successor in interest to Fleet Landing, the term "DEVELOPER" does not include any owner of a portion of Fleet Landing other than the DEVELOPER. C. CUSTOMER: Since all occupants of Fleet Landing receive utilities as part of the monthly fee paid to Developer, plans call for single, or master, metering for Fleet Landing. Thus the Developer is the only Customer, and herein the terms are used interchangeably. D. CUSTOMER INSTALLATION: All water and/or sewer facilities on DEVELOPERS side of the point of delivery. E. OFF-SITE: Those main water transmission mains and/or sewage collection mains and/or sewage pumping station and force mains necessary to connect Pleet Landing with the facilities of UTILITY, not installed on the Fleet sanding site. F. ON-SZTE: Includes all component parts oP the water distribution system, including valves, hydrants, fittings, laterals, and all appurtenances to the water distribution system on Pleet Landing and all components of the sewage collection system including manholes, mains, laterals, and all appurtenances D~p~~ DEVELOPER AGREEMENT THIS AGREEMENT, made this _______________day of 1989, by and between THE CITY OF ATLANTIC BEACH, a munic pal corporation, having its principal offices at 716 Ocean Boulevard, Atlantic Beach, Florida, 32233 (hereinafter called UTILITY), and NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., a not-for-profit corporation, having its principal offices at 111 Riverside Avenue, Suite 200, Jacksonville, Florida 32202 (hereinafter called DEVELOPER); WITNESSETH WHEREAS, DEVELOPER possesses valid and binding options on property located in Duval County and described in EXHIBIT "A" attached hereto and made a part hereof as if fully described in this paragraph (hereinafter referred to as Fleet Landing) and plans to construct a residential retirement community to be known as Fleet Landing on said property under the provisions of a POD authorized by the Atlantic Beach City Commission. Said retirement community is planned to include approximately 324 living units, a maximum of 26 assisted living beds, a maximum of 42 skilled nursing beds, and ancillary public spaces in a centrally-located Community Services and Wellness Center. (Residents of Fleet Landing will pay an entrance fee and an on- going monthly fee in return for a lifetime lease, but will not have title to any property within Fleet Landing), and WHEREAS, in order to properly develop Fleet Landing it is necessary that adequate water and sewer facilities be provided and made available to Fleet Landing and each living unit, health care bed, and public building thereon; and WHEREAS, the UTILITY owns and operates a central water and sewer system in Atlantic Beach, Duval County, and provides water supply services and sewage treatment and disposal services to the public in said City and County; and WHEREAS, DEVELOPER, not being desirous of providing an isolated water system or sewer system for Fleet Landing, is desirous of promoting the extension and expansion by the UTILITY of its central water and sewer system so that there will be available to Fleet Landing and the structures constructed thereon, from time to time, adequate water service and sewage disposal from said central water and sewer system; and WHEREAS, the UTILITY is willing to provide to the DEVELOPER and to fleet Landing adequate potable water supply and domestic sever services, subject to all the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, sufficiency of which being hereby acknowledged, DEVELOPER and UTILITY hereby covenant and agree as follows: I. The following definitions and references are given for the purpose of interpreting the terms as used in the Agreement ~~ JUDICIAL CODE semion to move away or disperx and, in case of neglect or refusal to abet such order, to arrest or wux m 6e arrested the person or persons refus- ing or neglecting m obey. Violo[ion of this sec lion shat I ro~utitute a class D oRense. ttlWq.-Cear 1KS. a. 267; Ord. T0~650~5P6: Ord. 1L 09 ~teu.~lermtra 1700.1. i !18.106 Minori curfew. 1 (al It shall be unlawful far a minor under the age of aizteen years to loiter, idle, i wander, stroll or play in or upon the public street, highways, coeds, alleys, parks, play- ' grounds, wharves, docks or other public • grounds, public plates and public buildings, or plaeesofamuxment and en[crtninment, vacant - lot or other unsupervised places in the City be- . tween the hours of 12:00 midnight and sunrise ' of [ht fallowing day, local standard time; provid- ed, that the provisions of this section do not apply to a minor aerompanied by his parent, ' guardian or other adult designated by the par- ent or guardian or where the minor is upon le- gieimate business. (b) It shall be unlawful for [he parent, guardian or other adult person designated by - the parent or guardun haying the care and cus- tody of • minor under the age of eighteen years knowingly to permit the minor to loiter, idle, wandeq stroll or play in or upon [he public j street, highways, roads, alleys, parks, play grounds, wharves, docks or other public grounds, public places and public buildings or places ofamuxment and entertainment, vacant • lot or other unsupervixd Dlaees in the City in violation of subxttion lat. (e) Violation of subsection (b) of this action shall constitute a class A ofense. Xinxr: Cody 1%d, n. 36-78. t6~79: Ord- T0~6NL6]6: Ord.7La9Tdel:Ord. TbO%~J26. r. gOrd.Dlf9Laro.a.l. -. \ou: Pormtra700.1OC. 616.105 Open storage of motor vehi- , ale tires. Igo open storage oC used motor vehicle I tires las motor aeAirfe t defined in s. 320.01, Florida Sttutnl or tractor tires shell be per- mitted in any zoning district one year after )larch 5, 1987. One year after March 6, 1987, it shall be unlawful and class D oRenx for any person, firm, partnership, corporation or other entity t knowingly permit the uncovered and open smroge of nrw or used motor vehicle tires or traebr tiros upon it property in Duval Coum ty. The Droviaioro of this action shall not apply to the outside storage oC less than three hundred used motor vehicle cites or tractor tires by a bus- iness which ills new tires, xrvices or repairs tires, recaps tires or temporarily stores tires for later disposal N Ne normal eourx of its busi- ness or to fuel being utilized for recreational, safety or directiond purpose so long as loch storage or use does not «tate a hazard to the health, safety and wellare of the community. xiamry.-o.a. e6~ Iz9z-e7a.. t. 616.106 Loitering. soliciting. begging etc. N public offices or buildings open to the public. The Council finds that any pecan who loiters or prowls in • place, at a time or in a manner not usual for law abiding individuals, under e'Ircumstanees that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity constitutes a threat to the public safety or breach of peace- The Council Further finds [hat a penon commit the offense of loitering when that person knowingly loiters in any place with one or more persons knowing that a narcotic or dangerous drug, as detailed in Chapter 893, Florida Statutes, is being unlawfully used or possesxd. lal It shall be unlawful for a person to linger, loiter, sit or stand N any public room in any hotel, office or building in the City or to use any public room Car business or social purposes in violation of the expressed wish of the owner, lessee, managing agent or pecan in charge of the building in which the public room, as de- fined herein, t situated. For thz purpox of en- forcement oC this xenon, it is presumed that if the owner, lessee, managing agent or other per son in charge oCa building prominently displays a copy" of this section as provided in subsection let herein, or prominently displays a sign on [he premises stating, generally, tip LOITER/NC. SECTION 618.106, MUNICIPAL CODt, that he ronsiders the activities declared unlawful in this section to be in violation of his expressed wish. (bl It shall be unlawful for a person to solicit customers or patronage for himself or on behalf of any other person or distribute advertis- ing or advertising mater upon the premises in any hotel, once or building in lh< Ci¢- or to so~ licit, xtk or beg far doations or charity for him- xlCor on behalf of any person upon the premixs of or in • hotel, olrce or building without first having secured the written tonxnl so [o do Pram ue7sapv.e ~ 336 .. L SEC }7 ~ ANDPFW DEWEES (;RANT SECS _ - _ - _- - -~- __~ rND. I \Q. Q ~ 2~'b~ r~~ '~i S.H(l SET IP. 14 `~6 "i µrr'° 57 i ~f. v +, r` S02.oti SOB.96' ~Q''~ ~A r' r• y~" ~ n, „ as ;.; fNn. i ~~~ I ~~ n ul. S''S5' , . ~• li -- `r 5i45µ' ~ wi I ZG4. }f;. . 1 -- .: N Sri Oo ZS~ ----'"-"• m ~ e -~'~ I 500.'[J - - =~- P.O.B. -- FND. NAIL IN STUMP ~ FND REF. I.P. M}295 0.68' EAST OF NAIL 5 +~ oe \ n ^, 5 0 0, l~ j •) ~ r.r.. f..n • r ~ ~s~ 5 I \ . - , \ •~ , * ~ ~ \ ~ I; ~; ~ a ,'~ \ \ \ coo- loo r U :i ~ ' S ~ ~ ? ~` r <ii a. \ 1 ~, ~', ; \. _ •. D ~ 7. 55' DRAn1n ,E EAiF MENT 1 } Ql e B 1 o- 1` ~• L 1-1 r~i ` I r \4 i os I1 I y T ~,~ > i-1 ` ~y~\ \~ ' f ~ '.I .r~ a'Yr~ v w ~:~I' vs I r ~F~ r ,. Qe,. ~,1., r rte/ / ~ END fr. I /J295 .S 1 \,., I` "' I• t) p ,~ O,yS D.R.V 652. PG aB~ bw caewCC~ '.~' SFyVA MAFINA COUNTRr Iaur L I , 4 Q V ,~ ~-J ~ti' •i D5 ~,.. To the City: Richard C. Fellows, City Manager City of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 To the YMCA: Robert X. Martin, Executive Director YMCa of Florida's First Coast Arlington Branch 8301 Ft. Caroline Road Jacksonville, Floride 32211 SIGNED AND SEALED, the day and year first above written. Signed, sealed and delivered in the presence of: CITY OF ATLANTIC BEACH By Meyor/Comet ss oner As to C ty Approv as to form and content: aude L. Mullys, City Attorney Attest: C ty Clerk (CITY SEAL) YOUNG MENDS CHRISTIAN ASSOCIATION OF FLORIDA'S FIRST COAST, INC. 8y Pres dent Attest: secretary (SEAL) s removed, the YMCA will restore the premises to their original condition. The City will be provided space in the building for an office for the term of this agreement or until the recreation, - parks and playground office Ss located by City at some other location. Section S. The parties agree to cooperate in fulfilling the public purposes set fortR Sn this agreement to the extent permitted by law and agreed to by the City Commission. Soction 9. The YMCA shall save the City harmless from any and all dnmegee, loss or liability occurring by reason of any injury to parson or property occasioned by any act or omission, neglect or wrongdoing of the YMCA or nny of Sts officers, agents representatives, guests, employees, invitees or persons contracting with YMCA and YMCA will defend and protect City against any end all such claims or demands. YMCA shall obtain and keep continuously in force public liability insurance as well as property damage insurance which shall ba written so as to protect City and the YMCA against any and all chins or demnnds. A copy of each insurance policy shall be furnished to City. Section 10. The City may terminate this Lease immediately upon YMG violating any provisions o! this Lease or upon being charged with violating any Federal or State Law or Ordinance of the City. section 11. Any notice required hereby, or by law, shall be given as follows: 4 YMCA: a. provide City office apace for the recreation, playground and park department b. provide general liability insurance including bodily injury and property damage combined and personal injury in the amount of $1,000,000 eech occurrence and $1,000,000 aggregate c. telephone services and furnishings for building d. additional power (if needed) e. maintain premises in clean and neat condition. city: a. furnish land and pay for utilities, including water, sewer, electricity and garbage collection b. city personnel to assist in carrying out recreational and leisure time activities of Atlantic Beach youth. . Section 7. The modular building being located on the property will remain the property of the Y?ICA end it shall have the right to remove the building in the event of termination of this agzeeasnt by either party. In the event the building is J including, but not limited to, violating civil rights of members, visitors, quests or other persons. Section 6. The y![CA shall be responsible for and perform programs and services for the City and residents of Atlantic Beach primarily relating to: Quality of 11fe...TO improve the quality of life Sn the community through the enjoyable and baneficlel use of leisure time. positive Direction...To be a positive influence on the youth of the community, emphasizing teenagers, through value guidance and providing a positive direction. Aellness...To provide and develop a quality oP life through physical fitness, nutritional education, and personal development serving youth, adults, and seniors. Family Emphasis...To strengthen the family unit, provide for a quality time together, and meet their special needs. To strive to make these programs available to all who would benefit from them; To treat each participant in a manner that would recognize and enhance their human worth end dignity. To inculcate a sense of responsibility to the community, state and nation among members and residents of the area. Section 5. The YriCA shall have the privilege of making improvements to the property by the location of modular building on the property Sn accordance with plans submitted to City and now on file in the office of the City xanager. Section 6. In the use of the building, the parties agree to assume the following obligations, duties and responsibilities: 2 E. Y F~ P i~'".~ ~ . i AGREEMENT This Agreement made and entered into this __ day of January, 1989 by and between The Young Hen's Christian Association of Florida's First Coast, Inc. a corporation not for profit, hereafter referred to as "YMCA", and the City o£ Atlantic Beach, a municipality organized under the lave of Florida, hereafter referred to as "City", and for the public purpose hereafter set forth. WITNESSETN Section 1. In consideration of the promises, conditions and covenants of the parties to this agreement whereby City agrees to rent YMCA a part of Jack Russell Park at 400-401 Plaza Road site to be at 6.W. corner of paved parking lot and the exact location to be agreed upon by the parties and upon the following terms and conditions. Section 2. Tha YHCA is to lease the premises for a term of one (1) year commencing February 1, 1989 for a rental of one dollar ($1.00) annually payable on or before the first (1st) day of February each year thereafter, and continuing thereafter until either party gives the other party notice to terminate the agreement ninety (90) days prior to the termination date set forth in such notice. Section ~. The YMCA shall comply with all laws, rules and requletions of all governmental agencies respecting the use of the premises, including parking areas and entrances, and shall not make suffer or permit any unlawful use of the premises 1 s. ~~ N E N O R A N D U N TO: Richard C. k'ellovs, city Manager FROM: Claude L. Nullis~ DATE: January 17, 1989 RE: YNG Agreement Transmitted herewith for presentation and approval of the City Commission is Agreement between Young Nan's Christian Asaociaiion of Florida's Firet Coast, Inc. and City of Atlantic '. Beach. CIx/aj Enclosure CinuDe L Minus, P. A ~._ u:~ ~.w,~~ Mr. Richard C. Pellows City Manager Janus cy I1, 1969 - Page Five 4. If corttcact services are selected, the contract should be awarded to Waste Management, Inc. of Jacksonville, due to their better ref ecences, more extensive experience, and their proposal being the least-coat to the City on a three (3) year contract basis. 5. If contract services ace selected, we respectfully recommend the City Attorney be authorized to prepare a contract agreement, reviewed as required by Gee s Jenson E-A-P, Inc., for securing these services. We thank you for this opportunity to assist the City of Atlantic Beach with the final steps in implementing this forward-thinking, environmentally conscious program. I am happy to discuss this evaluation and recommendations with you or the Solid Waste Committee. Should you require any additional information, please feel free to contact me. Sincerely, And , P.E. Project Ma ager ARM:da Enclosures cc: Bonorable William I. Gull iford, Jr. Don Ford, Director of Public Services Claude Mullis, Esquire GEE & JENSON ;-~y.:-: ac..r ~. :~~-r. rc 3o-... Jim -„a., Mr. Richard C. Fellows City Manager January 11, 1989 - Page Four The proposal submitted by WMI allows the City to possibly negotiate after contract award to purchase the containers up front, if desired. This would save the interest charged by WMI over a 5-year depreciation period. Alternative C requires the City to purchase their own pod containers. The container cost computed for this alternative in the evaluation spreadsheet assumed the container would be assembled and distributed by City forces. Truck shipments would be staggered to avoid being flooded by containers, and it would take a minimum of two (2) men about one (1) week to assemble and df stcibute the pod systems. Gee a Jenson Engineers-Architects-Planners, Inc. respectfully extends the following recommendations: 1. The three (3) year contract cost proposed by the two bidding firms to collect recyclables be compared against an Atlantic Beach Public works budget figure to determine the least cost alternative. 2. The proposals be evaluated on a three (3) year, 36 month contract basis for comparison. 3. Zf contract services are selected, Alternate B, curbside- sort system, is recommended for the following reasons: a. Alternate B is the least-cost Alternative. b. The three-bin or pod systems do not provide for source separation of colored and clear glass, recently requir- ed by Container Corporatior. for material purchase. c. If a reaour ce recovery plant is built in Jacksonville that accepts commingled materials, Atlantic Eteach would be able to take advantage of this option with no addi- tional coat to adapt containers and without re-educat- ing their residents. GEE 8 JENSON..g-...: n~rr-.rp a-„ro: _.: A.t 350 n rt`~'Ory Mr. Richard C. Fellows City Manager January 11, 1989 - Page Thee BZPBHI®CB COSBIDEBASIOM3 Both contractors listed Mc. earl Wilson, City of Jacksonville Director of Sanitation, as a local reference for recycling. We contacted Mr. Wilson and asked his opinion of the two contrac- tor's performance in Jacksonville. ee described Laidlaw as doing an 'adequate' job, but he would "have to give the edge to Waste Management'. He said that there was not any one outstanding difference between the two contrac- tors, but that WMI had many small things they did better that collectively added up. He stated that he would not let the dif- ferences overcome a major bid (price) difference, but that he felt Waste Management did the better job. Waste Management submitted a reference list of 56 municipalities with permanent and pilot recycling programs, one of which was outside the United States. A total of 628,014 households are serviced, 23,880 outside the United States. Laidlaw Waste Systems submitted a reference list of nine (9) recycling municipalities, of which five (5) were outside the United States. A total of 272,400 households are serviced, 259,200 outside the United States. O'!Hl7t CD98ID6YA2IOHS Waste Management, Inc. proposed to collect the City's recycling containers over six (6) days, whereas Laidlaw Waste Systems will collect the entire City in four (4) days. This collection time difference favors WMI, as they anticipate being in the City no more than 6 to 7 hours each working day. Laidlaw expects to be operating in the City about 10 hoots each working day. Laidlaw proposed to have container and truck, and be able to start work in 30 days. WMI requested 90 days after award before being able to start. The length of time to start is important at this time if City is ready to begin recycling immediately. However, a recycling logo needs to be drawn, the public relations campaign developed and initiated 30 to 60 days before collecting recyclablea, and a con- tainer type selected. We suggest that a logo be developed as soon as possible so that it may be ready for container imprinting. GEE 6 JENSON ~~_--: n~~~+r^ ~.T,-n „~ ~n Mr. Richard C. Fellows City Manager January 11, 1989 - Page Two ently then bids received for construction or materials such as gasoline, tires, etc. The service contractor will be represent- ing the faith and goodwill of the City, and certain judgement must be used in evaluating the proposals. Factors such ae eaperience, ability to perform, and reputation are as important oc more important than a single line item price. Mr. Mullis indicated that service contract evaluations are conducted the same way within the City of Jacksonville, and I know that contractors are even awarded different unit prices for the same type of service, depending upon their particular circumstances. Based on the foregoing, we feel it in the City's best interest to accept Waste Management's buy-back provision, and their clarification of their proposal when evaluating the proposals. COS'! COBSIDBBA'lIOSB We rearranged the two proposals in a spreadsheet to better evaluate the prices based on a 36-month contract. The spreadsheet is entitled 'Bvalua tion of Curbside Recycling Proposals' and attached for your use. The fourth column lists the present worth (total) cost of a 36-month contract, using the proposal prices. waste Management has the lowest coat under Alternate e, with a total contract cost of 5254,412.08. The fifth column in the spreadsheet compares total contract costs in the conservative scenario that the City would have to purchase the remaining two (2) years of container value at the end of three (3) years from WM2. This comparison allows equal evaluation of contract costs because full container costs are included in the total for either contractor. In this case, WMI has a worst case coat of 5272,748.88 vs. Laidlaw's cost of S275.192.88. Alternate C contract coats were prepared using the labor costs submitted by the contractors and a firm price quote from 2acn, Inc. on the Mobile Pod System which the Solid Waste committee had selected. 4,811 containers were shown under this Alternate to allow for the 58 excess quantity required by the specifications. GEE 6 JENSON ;.,g.,--; a:~~+:- ~~-s; ~-% ~:,. ~~ (~a~ouaW A.'~~~'~M ~'~°" January 11, 1989 Mr. Richard C. Pellows City Manager City of Atlantic Beach P. 0. Dtawe[ 25 Atlantic Beach, Florida 32233 Re: Curbside Recycling Program Gee i Jenson Project No. 88-275 Atlantic Beach, Florida Subject: Evaluation of Proposals Dear M[. Pellows: In accordance with City Commission's direction, proposals were received, opened and read aloud by Atlantic Beach on January 4, 1969 at z:ee p.m. for the contract to service a curbside recycling program. Proposals were received by Waste Management, Inc. (WMI) and Laidlaw Waste Systems. Browning-Ferris International telephoned that they were not able to submit by the required time. We have tabulated the proposals. Ten (1 B) certified copies are attached for your use. The proposal submitted by WMI was conditioned by a buyout provision which would reduce their per household cost if accepted. This provision, if accepted, required the City to purchase the remaining two (2) years of remaining useful container life if the contract was not renewed with WMI at the end of three (3) years. Additionally, Mr. Bryan Johnson of WMI notified the bid committee immediately after all bids were read of hie interpretation of the bid form. The Item 1 unit price submitted for both Alternate A and B represent their unit labor cost, while the Item 2 price represents their unit 1d~4L plilfl c^-^-to±-^-er cost. WMI subsequently submitted a letter clarifying their intent, which we have attached. After we discussed this matter, I telephoned Mr. Claude Mullis, City Attorney, to check on the legalities of the proposal condi- tions. It waa his general opinion that since the City was re- ceiving proposals for a service, they should be evaluated differ- ee;, saMw„ ~. s~,,e aeo. ~ay~hr..:k Nr ar, be,a~ .5can9, -~,oo y ~ !;~ EVALUATIC9 CF CURE9ILE REC I'CL:NG ?kGPOSAL~ CUFBS:LE FE C'(CL ^l'u 'RJ3R A:1 3k] PO?ECT ::C. C3-274 'LCNTI7 '2ACH, RORILi, OFE d SENSON E-A-F. INC. JANUARY bn 1939 ^ESCRI°TION GUANTIT'f UIJ:7 UNIT PW OF 36 MO PW k BUY CGNT f RICE CGaT2ALT IN 36 MON. ALTERNATE A-B O~IPCE-SEP. Waste `!a•.s 9enen!, ?.~[. Cc'lec• -- ?!sp o=_. w! con'. 332': HOMES 2.15 295663.00 3T ll2.O0 Le!Atsw Waste S; sn =_7.s Golf^t +!. tlisposE _320 HGMES 1.36 245707.20 Furnish Alt r.. coraainer=_ 3320 CONT. 36.22 15:;360.40 TOTAL AMC '3T 394:4;.60 594147.00 ' ALTERNATE P-T R'JC P^-IDE SOF.: ' W aS~p Ma vS-•'ert, Irm. Cn]+e[t S i'.sP~se ar c. r.t. ._2O 4OME3 ,.55 2444:2.00 D2; 48. ^.~ L aitllew Waste 3 s•exs ~ Cnlle[n tl:sroso ___- 4O?:ES I.~E 245747.20 ' Furrlsh Alf. ° [ort~ir-..=_ 352 C' COtI :-. .,. OJ 194:5.60 TGT 4! A.MC U';T J5192. ee^G 2751S2.BG ALTE9n;q±c C_r•Ty•- ^ON TP'R 3. WpStE HS'3«'-er ~_, InC. [ollp.t !: .--P~se .?2O NOMES 73 237909. b~: ZAPN Potls F.O.E At;, •_... 4011 CONT. 34.3; 137c1; .•.1 TnrA_ AMOUt' 375527.0: 375527.01 Laitlt a.w .aste 5, s':e ns Collect !~ tltsp[sa _c27 FOME3 1.86 245:87.20 2ARN Potls F,O.H A U . _ch. gOli CGNT. 34.31 :37617.41 TOTAL AM^Ut1T 393404.61 393404.61 Vie:- .. t.-. Mna:. Pl T m 7< 64 O. o.ya y m ~ ~ AI •m i~ >~ O m d I ?~N ~ 6i Y ~ q m ~ q. h `N ~j ^ y •/ 'J 4/ N m v m a N O m m `+ 61 6u IO ~ 6+ >• n N m m 0 ~ ~ z0 OFfu '~l 2 ~ Z a T ;a ~ a ~ w s y m , , az E 4 G o ~ m°ao e my. . ~ mh~ N Mh pv4 E eG. m d N V 61 Y i iW d m w p 4 q 2 O 7 60 q ~ en Y 4 q q 'O O q v n o .+ d d >. .y M ( u d ~ 1 N 'O N h' 8 ~ ° m 4e d O m e d u z G v d 6 Z N qY V G T M + i q p m U V Wq 0.., g G 'OO CN ~ D NP O ~ ~UCI C U w~ y 6 [ ~1 K q FH d q+i OY Y u q V V C M N I q• ~ .~ ..~ Y F , 47 G. x.00 .+r eV 4v 3 C s O ~ U V V Hb. VOC • Dq Y F u od d ~ ' h i . + I d a o w o m 2 d 04a 'O d g q d C 3 0 Z Z mla V.~E++C6 mo44d .i .~ coo O z N zm.. 66asddu qE -M4 0 ma~ r m H4 ua+q s ,+d rnq m 60 a i 600 ~i2m ew q.i >. VOE4q ou EH ds mq .~ O Z O H 1G E w m z ~ m N~ ~~ N Mf N V 7 m a I I d d V 'O mi ~ a L y is y y C 4 o . ~1 !o w ~ F I ww i . N ~ O ~ ~ 4 ZE m ~ V = O Y 4 A GU D ti C Y 4 '"I E y G u > o ~ ~ m co ° w° m .°. - m c a U L ., , C + C uw O L . ~ ° E A m 4 y C C m ~ w pG o O V O ~ m of r ~^ y W m N E 'i I +i U Y j u Cm4 t 'o ~ r Q " ° ~ r i y ~ ~ - + Y N ~O aza ~ ° °' ° = u HV ~ d a ~' aom C do e m v m dam d i m d l q EYG C V E V >' ~ ~ mhal y E E O y E O yC E N N N E ~ V V m ~. i m t7 w m m r D u G N Y 3 CJ GI ~ HI M y Y m >~ m m do C +i V V V E ri ' ~ V>, YE N ~ 4 m y 'i y 2 7 { ~ . i w N Q y 7.V O O V !~ V V V ~ M ° .q w N +Gi T ~G a7 m ~CI ~ Y V Yti y Uq Z C m q 0 V • ~O O C E E ~ G V V ..I y 6 tlCV4 sm ~ Z Z L V~ YV O O W M ° V ~ H 1 4' ., j . 17 tl y T V m d y Dm d d C V C CO +~ V i t V y Yu V O 09 1 .i m 0 l o e .i N E w E -~ ++ F tl d m y $.~ y FN ' KV.+O~E Cm 00 E E uw F .+ E OV Vi tl O V.im Cw D 4 C Z Y y +, O H q.-1 ~ > CG Fa N +1 Y a6 ow E m d +n ya Y dw C o C o j ~O m Ge Y Esc y ~'+~ F V OOy .i ~O V V YY YO d "~ VO ' L Z V E 4 u E 4 E tl w N r0 Z qVqm 1 ~0 4 E C Y Y V 14 '~ m T O C . G Z i + TN g m l a m 0 d.-I w E N y O O C Y O Y.1 V p ZmN md' tlL O.Ca Cy EC d O. +IV t4 OEG E '1m M YmME 4 C y E O O Py F m0. ~ yG ^~E E m0 7+1EN V'OyV DO 0,V 00 FO u a u a dw mE ~ + Gy VOy E+IC oN ~ r m ~ y 4 L I E O i . a i u 8 b ~ •i N Al ! Yf V ° V' h N y • a u a ~ i M e•f a v m v ~ m= Y L • W O. L q ONd N .m C O p T a m I -.~ w w •+ m S.N o. .o Y o S V 3 0 Y q 7 a+ O W U q y 4 d q 4 J ~~ y O o O: W ~ V O O ~`~-~~ m~v~ C: C m CU W ,,*2 ~ ~ r r 01W M D - t ~ y ' m. 4~ W "'I +~ O ,y u a ye e o m "~ ~ M m yy~~ M C a . .1 O O E ~ N V q N m w p rl N M r U N Y I a V 7 m4 s oy ., H Y Y ^I ~ E' w 9 Y 2 fVA m Y j y m q VU Tq ~ V V E m I V C V ~ ~ m q d O V S W S V m ` u M y OyF .O ~ d y G L wW Z mti G y .a ~ I ~,qy O mm q .7 .7 q W E 4 V ~~ 4' V M M 77 N m N W Y H N E V G W ~ Y ~ N m ~ y G u o L G U' W P1 fn ~ U V m ~` V ii " q V ~ m y G 2 f . i O O U . i 4+ ~ U ~ [ ~ V TV p V V E G O U q i i G p V .-1 F v ~ eo Y i ae a v o a+ •+ . , m c l ,+ v e l v u .+ m U q Z ~ d S z ~ ° a O° mo ~a , Y e e. Oxa i T q Y Y N c .+ v o ~~ as W W ti O q V m 'O m V V C O q V V Y V q q Y O .-1 M E V G C M U ~. L Y 7 I M yp muE V q V w E ++ +~ t Vm y~.i u FH U V O T Ca+ O O q q aIW O y+1 V .q O V Z _ =0 M qr1 ~Y~ Ca m0 •y V 88 Y VT m Y C C Fr7 [OUO .-I a 0 U V Y Y ~ V p .+V p py V. ~ d N I V 4 V ~ T 7 'O O x PiPiPR y m N T '•~ I p O Y O Z m . 'O q Y q L C C Y V V 'j q ~+~ x N W I a moYY +Iq .iu o c u w oem ° zm.. ma aqm cu qc a . + L e e '" ma> MYma++ Ye uq o o TN mW .+C q q Fj m Z 4' '~ +~ V q ~ '~ O 0 9 Y Y V W m "~ U O Y C m0 IEU OmE ~.. U Fd W W q ~~ ~y ~N JHr I 'd+ O V +wY E E + ~ y ~ a m Z~ U'mn y~ N9 r7 .1 < N P1 V of u ~ t a O'O 7 V qU Y } M Solid Waste...page 2 Wolfson that [he committee recommend to Che City Commission [ha[ an award of the recycling cone ract be made to Waste Management, Inc. as per the recommendations of [he engineer and that said avard be subject [o an acceptable response upon the checking of the references given by [he Company and [he company's willingness to make sure [hat adequate containers would be available for larger families. Some discussion ensued relative to [he advertising and promotion capabillcles of Waste Management and i[ vas suggested that Engineer May discuss with Waste Management vha[ advertising and promotion they would be willing [o do in connection with this effort before a decision vas made ae to vha[ [he city would do with [he CPM and Cook advertising firms. There being no further discussion [he motion vas unanimously approved. Ac this came the Committee took under consideration the question ae to whether or not [he recycling efforts should be mandatory or voluntary. Consldezable discussion ensued with various alternatives being passed ba<k and forth following which Don Wolfson moved [hat the Committee recommended to the Ci[y Commission that the recycling effort be mandatory and this motion was seconded by Eleanor Ashby. There being na Further discussion the motion vas approved unanimously. In closing the meeting the committee agreed [ha[ Tuesday, July 4 should be picked a6 a kickoff date in order to tie in the theme of recycling with an all-American effort on an all-American day. Rose Blanchard requested [hat any member of the Committee who wished to vas invited [o a special luncheon a[ Christ United Me thodlst Church on February 2 co dl6cuss recycling. There being no further business to come before [he Committee, the Committee vas adJ ourned at 10:45 P.M. ~. ;~ . SOLID WASTE COMMITTEE MINUTES JANUARY 12, 1989 The Committee appointed [o evaluate solid waste alternatives met on Thursday, January l2, 1989 at 7:30 P. M. in [he Ci[y Commission Meeting Room, City Hall A[lan[ic Beach. Present were Mayor Gulliford, City Manager Fellows, Engineer Andy May. Finance Director Royal, Public Services Director Ford and Recreation and Parks Director Blanchard. Other members of the Co®ittee pre sent were Eleanor Ashby, Bill McGee, Mark NcGOUan, Kim Winston, ]eannie Gabrynovlcz, Don Wilson, Jerry S[rayve and Susan Wheatley. Also present we[e Joann Morriseau of Curry, Pappas, Morrlseau Advertising Agency. Mt. 1Wdney Bernard, Sales Manager for Laidlav Waste Systems, Inc. vas also present with several of his associates. The Committee took some time to evaluate [he proposal of CPM for promotion and advertising Sn connection with the recycling effort and a number of questions were asked regarding the logo, the use of [he name Ricky Raccoon, several ideas relative [o promoting [he event and Ln particular there vas a discussion about the importance of education in [he schools with [he small children. Hayor Gulliford pointed out he felt this vas extremely important as it vas felt the "small fry" could vie ld a great deal of influence on the family's recycling habits. Don Wolfson made inquiry into [he layout of [he proposed calendar whi<h he had assumed would be made on recycled paper and wondered whether [he pickup days ve re going to be color coded or how that might he taken care of. It vas Pointed out dur ing the discussion the Committee Could accept some, all or none of [he proposals which had been made by CPM. City Hanager Fellows also painted out that Cook Advertising had indicated the City could Cake advantage of [heir st a[evide advertising campaign vi th a simple modification of some of the copy in [he newspaper ads for ;300. Engineer Andy May then vent over the bids which had recently been received for the curbside recycling program and discussed in some detail the bide received from Nasce Management and Laidlav. A full discussion ensued relative to the proposal then discussed specifically were [he pros and cons of a curbside sort utilizing one container oz a plan which would involve multrple containers and the separation of items would 6e done by the homeowner. A great deal of discussion took place between Committee members and representatives of Laidlav Waste Systems, Inc. relative to the experience that film had had in the recycling 6usinesa and inquiry vas made as to what seemed Co be the system that worked the best. Among Committee members there vas divided opinions relative to Che single bin curbside sort as opposed [o [he mu lciple bin user sort. Following a full discussion of all of [he various alternatives and a further evalua[icn of the City's budge[ proposals which shoved Che City's cost for doing the recycling vas approximately the same as the costs proposed by the commercial suppliers. Motion vas made by Jerry S[rayve, seconded by Don CITY OF tie $iaa! - ~letida _ PoLICE UF.PARTMENT ASU SEMINOIF. RUAp 9TL4 YTIC BEAI'H, FLORIDA 1T133 " '__ TELF.PNONE i901ifa9-SEp6 SAFE NEIGHBORHOOD COMMITTEE NAlg ADDRESS PHONE P.J. Wetherhold 316 Oceanvalk Dr. N. 18 S 241-4740 or 634-0771 i ' e } fkd 363 4986 c""' "` '"+1 Y008 Se~va 14 d 6 Pam Timberlake a ere E 1810 Selva Grande d9-5962 241-5124 Clay S Phyllis Tousey 1767 Park Terrace W. 249-0707 John b June S[imler 1560 Selva Marina Dr. 246-3566 Julie Page 366 4th S[ree[ 241-4145 Fred Kerbez 375 1st Street 246-8886 or 387-7117 Joe Reynolds 328 Beach Ave. 246-3714 or 246-6401 Kevin S Ka [ie Dunn 213 Nautical Blvd. S. 246-9378 , Pam Smi[h 265 Magnolia St. 241-2552 Jean Casella 399 Aquatic Dr. 246-0046 0. 241-3191 Rev. Pearce Eving Ht. Pfsgah Church 246-8921 or 246-4475 Joan Hale 1185 Stock St. 241-2683 or 630-1196 Malcom Radel 1810 Sevilla Blvd., 4305 246-2631 Bill Pierce 459 Selva Lakes Circle 241-9870 Tom Burns 515 Selva Lakes Circle 241-0485 or 268-0099 I Ann Corp 830 Beach Ave. 241-2878 Rita Fairbairn 76l Cavalla Rd. 241-3185 Jack Brooks 371 10th St. 249-8575 or 646-8247 FH6E-1R.~ t3AT!'S p~Q 364 ~o ~ ~Dig. Pgr.) ~,~ ` S y A Ln s n~ ~Lv9- µj y O(/RP\j -~3~4;SC,~ n l~ ~~"mcns rtcQ / _. . 2yb- 2~)b QTY. DAMES ~ILL.~Gn~1 ~~ S1Kr1 c~~ e ~I9-y2~9 i-~ :.. i f: (s,_..._ ~ ~ ~ ~ There is no Truth to the Rumor: - Madame Lo1a's Massage Parlor has now been classified as a Community Recreation Center and has been issued a permit to place a directional sign at the corner of 11th Street antl Seminole Road. - The new Atlantic Beach City Hall will be located near Regency Sgaure, the projectetl center of the City for the year 1992. - There are ongoing negotiations with Barnum & Bailey for rental space in the proposetl new Lity Hall. It is True That: - Chief David Thompson wishes deep tlown that tie were an AUBURN FAN. - Karen Moore vas seen wearing a Floritla State shirt to work on January 9, 1989. - In January, Beejoy vas dispatchetl to attempt to locate o `REINDEER" on Main Street in Atlantic Beach. -~ Officer Gary Cobb detained a t 3 year old juvenile in possession of a fully automatic Mac 11 Machine Gun. - There have Deen no reported emergencies Or fatalities, though the City Commission tailed to restrict lighting on the Beach to protect Sea Turtle hptchlings. However, we have unconfirmetl information that sandcrab enthusiast are mounting a similar campaign to prohibit 'townies" from acts that would lead to high anxiety levels in local shellfish. The resulting headaches have disrupted the reproductive cycles of these animals. Classified Ads: For Sale: Royal Metlallion II Electric, heavy duty portable typewriter, Good condition with case. =75.00. See Beejoy •300. Holiday this month: President's Day 2/20 Commission meetings th ant February 13 & 27. Another date to remember guys: Valentines Day 2/14 ~~" Just a Footnote before I go: I have enjoyed creating this first edition of the Atlantic Beach News. Hopefully the editions that follow will contain slot more information and news. If you have anything you would like to put in next months newsletter (we do prefer clean news) please have it to me by February 15th. Thanks, Karen Moore Special Thanks to: Rose Blanchard Chief David Thompson Chief Wally Rew Beejoy Lester Harry McNally Richard Fellows ,corgis Morn Antl now its Miller Time!!! See you next month. S \I 'I Atlantic Beach News February 1989 Page 3 Letters to The Editor: Dear Editor: I have found that it is terribly inconvenient for me to get up in the morning to put my trash out by the curb. And sometimes I accumulate trash through the morning and afternoon hours that I do not like to store overnight. I find the existing pickup schedule unacceptable, and I am starting a petition. To correct this DroDlem, 1 recommend that the City of Atlantic Beach implement twice a day garbage service. This voultl solve the problem for me. if you do not like this idea, perhaps the City voultl consider a call-in trash pickuD• A citizen could call "P-U Trash', and a sanitation employee would be dispatced to the houra. Signed: I.M. Spoiled Dear I.M. Spoiled: You"11 love it when we start recycling! Signed: Editor Dear Editor: I vas happy to see your newsletter because I have been hoping to start a local fan club for PTLM. David 'Kato' Cotir. Please put this letter in the first publication so that ve can solicit members. Signed: Anthony Rogers, Robert Duffy, J.J. Joiner Note from Editor: Anyone wishing to join the aDOVe signetl citizens, contact Chief David Thompson at ?he Atlantic Beach Police Station at 249-5606!! Rumor Control Column: There is no truth to the rumor: - The City Recreation Department has been renametl the Atlantic Beach Solitl Waste/Recycling/RecreationlFlea Market and Disco Department. - The dune overwalks were recently painted with a camouflose/sand paint to preserve the view of The oceanfront, and helve residents have complained that they can no longer find them. - The Atlantic Beach Police Department is a subsidiary of Tandy Corporation. - The Mayor tleclaretl the Friday before the Superbowl as a regligious holiday. - Harry Royal and Karen Moore ore actually brother and sister. - David Thompson and Hillary Thompson are actually husband and wife. - Oue to complaints of excessive traffic and inconvenience to the neighborhoods, the City of Atlantic Beach will erect a chainlike fence across Mayport Road. - the City newsletter will be printing all employee's Dirth years unless you send in =SO in small, unmarketl bills to the Etlitor. - The employee of the month feature will include a color, nude fold-out , a trip to Tahiti, and a pink Porsche. - Employees of the sever plant hcve been seen taking only two Dieces of bread for lunch. - Guards on the Selvo Marina Drive gate of Fleet Landing project will De authorizetl to utilize anit-tank weaDOns to Drevent the abuse of the exit by ramDUnctious senior citizens. - Marry Royal vas the model behind the idea of Mowdy Doody. is ;€ ,V knowledge. From the 'Miss Scorlett, they know slot about birthin babies ' tile, L'hief Rer, Jim Hilt, Som Bass, Todd Smith, and Yolunteera Phillip Nadeau and Dennis Herrman respontled to a call Jonuary 9 of a home on Seminole Road; where they delivered a bouncing baby girl named Emily. Baptist Medical Lenters' Life Flight flee out to toke momma and baby to the hospital. This reporter was on the scene and noticed a smile the size of the State of Florida on Chief Revs face as he antl his men come out of the home. Great jeb guys. Bucconeer Plant: Congratulations to Norry McNally rho vas elected Secretary/Treasurer of Ftorido Water Pollution Control Operators Association. Finance Deportment: We need to tip our hots to two tine girls rho prepare our paychecks every other week. Carlene Matchers and Ellen LaYake don't get enough credit for the tine job they tlo for us. Thanks girls. City Clerk Department: I'd like to personally welcome Maureen King, our new City Clerk, to this department. Even though Moureen has been with the City for a number of years, she took over the vacancy made by Mrs. Tucker's retirement in November. Of course Mrs. Adelaide Tucker is still with us in the capcity of City Commissioner, however the candy supply has stop Ded in our Department. Sorry guys, you neetled to lose weight anyway!! We are really excited about this newsletter coming out of this office. City Managers Department: Mr. Fellows reports on the action of the City Commission meeting 1/11/89: - Tabled for further study a motion to rescind a permit for a directional sign for the Selva Linkside Subdivision; - Acknowledge action by the Ati antic Beach Police Department and the City Manager in transferring o 1981 Chevrolet pickup truck to the Department of Public Works of the Ctiy of Atlantic Beach for 5500; - Ratified on emergency action by the City Manager for the replacement of a plower at the Buccaneer Waste Water Treatment Plant in the amount of S3, 038; - Approved execution of a mutal atd agreement for fire lighting between the cities of Jacksonville Beach, Neptune Beach and Atlantic Beach; - Authorized Gee & Jenson Engineers to proceed with adding design of voter, sever, paving and drainage for DeWeese, Coquino Ploce and Shell Streets to the existing controct for the Beach Avenue rater and sever extensions; - Authorized architects Clements, Rumpel, Goodwin, D'AV7 to proceed with preliminary design for a new City Hatl; - Agreed with the appointment of citizen members to the Mayor's Beautification Committee. Happy Birthdoy riches to: Joan LaYake - 2/6 Ellen LaYake - 2/12 Clavin Blair - 2/13 William Brown - 2/17 Hillary Thompson - 2/22 Terry Mincey - 2/27 Melvin Lentz - 2/27 Geraltl Russell - 2/29 Atlantic Beach News' Welcome to the first edition of the Atlantic Beach News. This newsletter vas a brainstorm from our department heatls and our City Manager in the interest of the employees of Atlantic Beach. If you would like to contribute any news, please feel free to do so, just contact Karen Moore at City Halt. New Employees: Diane Howard has replaced Maureen King as Mr. Fellows Atlministraiive Assistant. Diane comes to us from the University of North Florida. Welcome Diane, we're glatl to have you!! Bill Searcy is our new employee at the Buccaneer Plant. Bill makes his home here in Atlantic Beach and can be seen most weekends throwing his frisbee on the DeccR. Welcome to Bill. _'~ ~ For Your ',~ I ormation some of our citizenry are partaking in activities less than moral/legal. Hope you'll keep us informed Rose on those moral issues!! The City's DEMOLITION CREW WAS ACTIVELY (and 1 mean activiely) at work last week. They further demolished the restrooms attached to the Concession Stand in Russell Park. The termites, etc. had done an excellent job at preparing the building for the DEMO CREW. Those vermin who occupied that building were the HEALTHIES we've ever seen. "I would have suggested a membership in WEIGHT WATCHERS AND/OR A SPA - if they had lived long enough!' accortlinq to Rose. Many thanks to the DEMOLITION CREW for their help. Rose would highly recommend them to all!!!! Rose urges all departments to join in fhe Recycling Program the City is trying to foster. A parting word from P & R to all: MOST OF US CAN FORGIVE AND FORGET - WE JUST DON'T WANT THE OTNEP. PERSON TO FORGET THAT WE FORGAVE!! Thanks Rose for all your help in this first edition. Parks 6 Recreation News: Recycling is the big topic at Russell Park according to Rose Blanchard, if you need mere information about the way of ±he future, call her of 241-7431. "We have collected over 5175.00 strictly for paper, for the months of November and December. None of these collection containers cost us a cent, so it's all clear profit!" proclaims Mrs. Blanchard. "AB", Parks & kecreation Foreman, is happy to have CYNTHIA WEATHERS as his assistant. They are a Great Twosome. They have `discovered" some very 'interesting' items that indi:ate Police Deportment: Welcome back to Pam Cody, one of the many fine dispatchers at the Police Station. We sure did miss you, Pam. Fire Department: Chief Rev reDOrts that Sam Boss, Mike Salazar and Riek Murphy are attending an E. M. T, training course out at Mayport Naval Station. The course is given by Florida Junior College. Chief Rev also reports that Jay Smith is busy at Fire Inspectors School. The course will last S weeks afterwhich Jay will be our new Fire Inspector. Congratulations to all of our fireman for expending their ~u ACr fTavK l4'= 36' CN[vz~,vE, ~Z}9o'Lq 5fc/,VD:+IY C~Akiciu5(2.25MGDEA~ i /-EJIG~Of EX/ST PUBG/c: ~ ,/ Wok 5 D6Pi /'AkKin/G Coj `- --- - I"--~ ~~~ '. ,; j ! ~`,'u,~,,, ¢' ail ~ - { SLUDGE PUMPIN(, . l I - _- ~ ~r ~ { - ."~.Y - ~ I a I rY rise s:. `.i+~ (2) 2.25 MG i7 ~•°.~• AERa /vN A/,l ~' ~-,~ r-x =~~ ' I / ~ -~-i r ~ J---' ~ "dEW EMERGEiJC:~' ,~ ~ ~'~ ~ - { GENET<ArOk BLDG. ~ . .. ~- { P1 DEW.ITEKI'UG~ _ __ . .. w.. es w...... -_ oa=ww ac=~ SMITH •NO GILLESPIE I ~"a wo. I owo. wo. i"w iac • - INC. ~wa~•ao o=n ENGINEERS. 400,000 GA[. STORAGE TANK :> ~ ~ ~ ~ ~~ ~~ iI ~ _~ 1 'v ~ ! _ i T ~ ~ ~- (2) ADD'L D1GEfTEeS (2 AvD'C GtGRITTE,~ g[effA/luG STptic jU,eE MGD) ~ _ i <. '~°0~c='+ _ Caro ~ Y (Z) ADD'L SLULYs~ DEwaTt BEDS ~~ c ~` ~.,-. - . . SMITH AND GILLES PIE ENGIN EERS.INC Honorable Mayor end City Commissioners City of Atlantic Beach SfiG Project No. 8505-12-01 January 16, 1989...Page 4 We will welcome the opportunity of discussing this matter with each of you individually or as a group. To further this, I am delivering this information Co you, to the extent i[ is possible, and by copy to the Ci[y Manager, we request an opportunity [o meet with the Commission to discuss how this program best serves the interests of the Cicy of Atlantic Beach. Sincerely, Benjamin David Avery, P.E., ASIA SMITH AND GI LLESPIE ENGINEERS. INC. BDA/kb Enclosure cc: Nrs. Maureen King, City Clerk Claude L. Mullis, Esquire, Ci[y Attorney Mr. Don Ford, Acting Director of Public Services Nr. Tim Townsend, Superintendent of Watez and Sever Nr. Harry McNally, Buccaneer WWIP r F i~ `- ~ SMITN AND GILLESPIE ENGIN EERS.INC~ HOnOYabl¢ HdyOr and City Commissioners Ciey of Aclancic Beach S6G Project No. 8505-12-01 January 16, 1989...Page 3 As presented in the Feasibility Study, we have outlined Che total overall regional development program [o Atlantic Beach. However, once this program is underway, ve will be discussing with the City how the program can best be implemented. The implementation plan would provide a number of opportunities for the City to optimize its operating procedures and capital planning. The discussion of this aspect of the program can best be resolved by full discussion between policy, staff, operations and engineering personnel involved. This is why we hed sought inclusion in the workshop. Factozs [o be considered during implementation include: 1. Implementation of the entire program at one time. 2. Constructing the layout shown on the exhibit in two separate phases of 2.25 HCD each. 3. In tonj unction with this phased construction, Che Ci[y could continue to operate the Buccaneer Plant at its present 1.05 HGD capacity and divert additional floes to the City's Main Treatment Plan[ by constructing a main lift station in an area approxiaately one-half way between the two Treatment Plants. 4. If the alternatives described in Subparagraphs 2 and 3 above are implemented, the City could construct a smaller raw wastewater pumping station at the Buccaneer Plant than was originally required when the Buccaneer Plant is taken out of service. 5. The alternate of staged construction would enable the City to meet their was tewa Cer needs through the year 2010 before consideration of the second phase of treatment plant construction would be required, taking advantage of a greater portion of Che useful life of [he Buccaneer Plant. The City would retain the option in its operational planning to consider taking advantage of reducing operating cost by consolidating [he two Treatment Plants. I[ is our understanding that the City has made financial commitments for the new City Hall, and we know i[ has made commitments for [he Oak Harbor Collection System and the Section "H" Collection System. Therefoz¢, looking at the overall investment picture, them is a potential advantage to the City in the ability to stage treatment plant construction, thereby providing expansion in a manner totally compatible with the City's obligation under the Regional Plan and with the optimum deveiopment of [he Wastewater Collection and Treatment System of [he City. ~:- ~~~ v. SMITH AND GILLEGPIE ENGIN EERS.IN0. HOnOrab l¢ MayOY and City Commissioners Citv of Atlantic Beach SAG Project No. 8505-12-01 January 18, 1989... Page 2 The City of Atlantic Beach has received and approved the "Fe as ib iliey SCUdy for Consolidation of City of Atlantic Beach and Buccaneer Sewer Districts" and authorized the inclusion of the recommended development plan incorporating the above features as part of Atlantic Beach's participation in the "Beaches Master Plan for Regional Sewerage Development" being prepared jointly by Aclanc is Beach, Neptune Beach and ]acksonville Beach. This Regional Master Plan is scheduled to be submitted in January 1989. The interests of Atlantic Beach are best served by addressing [he shortage of capacity on a system-wide, no[ a patchwork, basis. The coordinated solution that will reserve maximum options to [he City from both an operative and investment standpoint must be implemented as expeditiously as possible. The provision of additional capacity at the Buccaneer Plant does not satisfy this requirement. Effectively, i[ commits the Gity to a two plant operation without consideration of the economics involved and does not address the problem of what the City will do when is runs out of uncommitted capacity in the Cicy of Atlantic Beach Sewerage District. It appears that the program which we understand is being contemplated may no[ be considering the system as a whole, and iE implemented, the City may find itself with excess capacity in the Buccaneer Sewerage District and with inadequate capacity in the Atiant is Beach Sewerage District. We understand that in lieu of proceeding with the plans for the regional development of Atlantic Beach which vas accepted by the City Commission for inclusion in [he "Beaches Master Plan for Regional Sewerage Development", the City is contemplating adding an additional tank a[ the Buccaneer Plant in lieu of providing the additional capacity at the City's Main ireacment Plant where it can effectively serve both Sever Districts. Analysis of the system operating problems and prof ecced growth establishes that a critical shortage in uncommitted capacity may affect the City of Atlantic Beach Sever District in the next two years, and, if not relieved, may result in a moratorium on construction. This could occur before the additional capacity could be operational at the Buccaneer Plant. If the City proceeds with installing the additional capacity a[ [he Buccaneer Plant, the City will be committed to the continued operation of the Buccaneer Plant, without consideration of operating economics which would have, in due course, permitted a phase-out of the Buccaneer Plant. We feel that the Cicy of Atlant ie Beach needs an initial increment of 2.25 MGD of additional treatment capacity, ac a minimum, to be matched in due course with an additional 2.25 MCD in capacity with the retirement of the Buccaneer Plant at some fub~re date. SMITH ANO GILLES PIE ENGINEERS, INC. lACN50NVILLE Ei LO RICO A,32201 ~\ January 18, 1989 Honorable Hayor and City Commissioners City of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Attention: Hr. Richard C. Fellows City Manager Subject: Wastewater Treatment Plant Expansion 56C Project No. 8505-12-01 Atlantic Beach, Florida Dear Hayor Gull iford and Hembers of the Commission It has come to our attention that the Commission held a Workshop during the first week of January 1989. During this Workshop, the Commission discussed information they had keen furnished concerning the necessary expansion of the City's two Wastewater Treatment Facilities. It is our understanding [hat this information led to a unanimous opinion of the Commission that the land available at Che AClentic Beach Main Wastewater Treatment Plant vas insufficient to permit the expansion of this plant and thereby make ii possible to proceed with the orderly and cost-effective development of its Wastewater Treatment Facilities. We regret we were not aware earlier that the Commission had been furnished this incorrect information. We had expressed an interest in attending the Workshop on the proposed expansion to provide the Commission with additional information, but unfortunately, we learned of the meeting after [he fact. However, in the City's interest, it seems appropriate that we provide the following information. Enclosed is an exhibit illustrating that two 2.25 HGD Carrousel Treatment Plants and supporting process structures can be <onscru<ted between the existing Plant and the Public Works Building/Parking Lo[. Additional effluent holding facilities, as required by the Interlocal Agreement, would be constructed on the western portion of the Treatment Plant site, vest of the existing effluent basin. Additional digesters and sludge drying beds <an be constructed west of the existing sludge drying beds, along with a floe splitter structure and an additional influent screening and degricter structure for the Plant expansion. It is evident [here is ample space for the proposed expansion program. We understand i[ has been reported [hat there is an excess capac i[y of 400,000 gpd at the City's Main Treatment Plant. While this may be correct hydraulically at the time of the report, it does not take into account uncommit [ed capacity remaining at the Plant or seasonal fluctuations in floe which are highest during the spring and summer months. The only capacity that stands between Che Atlantic Beach Sewage District and the potential for a construction moratorium is approximately 345,000 gpd of uncoaw it ted capacity. ,4~ Mayor Gulli£ord announced the na.~ea of the Safe Neighborhood Committee and they ere es follows: P.J. Weatherhold, Dezmond Waters, Susan Wheatley, Pam Timberlake, Clay and Phyllis Touaey, John and June Stimler, Julie Page, Fred Kerber, Joe Reynolds, Kevin and Katie Dunn, Pam Smith, Jean Casella, Rev. Pearce Ewing, Joan Hale, Malcom Radel, Bill Pierce, Tom Burns, Ann Corp, Rita Fairbairn and Jack Brooks. Ha elated he had talked to the City Manager and indicated that Mr. Waters, Mrs. Wheatley and Rev. Ewing were already on other committees and his desire wee not to have citizens on more than one committee and would give them the option as to which committee they wanted to serve on. Mr. Fellows stated Mr. Henry Batts wished to serve on the committee. There Doing no further discussion, the meeting was adjourned at 6:20 PM. William I. Gulllford, Jr. Mayor - Presiding Officer ATTEST: Karen S. Moore, Acting City Clerk f' attached to the original Bond Purchase Agreement which was given to each Commissioner prior to the meeting. He further stated the copy each Commissioner had was not corrected to reflect what the execution copies reflected. Mayor Gulliford asked if the banks that would provide the letter of credit had changed. Mr. Cater stated there had originally been four banks. The Bank of Scotland dropped out because the transaction did not fit their portfolio. The question was Called and the vote was as follows: Mayor Gulliford voted wye, and Co®iesionera Cook, Hdwards Jensen and Tucker voted wye. 3. wction by the City Commission to approve appointment of Haywood Dowling and Mattis Preesan to the wtlantic beach Code Enforcement Board and of JoM Bass and Sae Howie to the Comeunity Development Board. Mayor Gulliford s*_ated there had been some confusion over the appointment of board members and also conflicting statements about the Mayor having the power to appoint board members. He called for the Commission to ratify the appointments of Mr. Haywood Dowling and Mattis Freeman to the Code Enforcement Board and JoM Bass and Sam Howie to the Community Development Board. Commission Cook moved to ratify the appointments of Aapwcod Dowling and Hattie Freeman to the Code Enforcement Board and JoM Base a`d Sae Howie to the Co®unity Development Board. The motion vas aemnded by Co~ieaioner Jensen. No discussion before the vote. The motion carried unanimously. 4. My other Business Mr. Fellows brought up the subject of the purchase of the three triangular lots at the entrance to Ocean Grove, one of which would be used for a pump station in connection with the Beach wvenue water and sewer main eatensions. The other two lots are proposed to be made into park. M offer was made to the owner of the lots in the amount of 51,500, the owner came back with an amount of 55,000 lowered it to S3,500, then came to an agreement with the City to lower it to S2,500. Cooiesioner Cook moved to authorize the City Manager to ezecute the agreement with the land owner to purchase the - three lots. The motion was seconded by Comelesi~er Tucker. Commissioner Edwards asked if the City would maintain the proposed park. Mr. Fellows responded in the affirmative. Commissioner Tucker stated they had been looking for a park to name after wdele Grage. The question was called and the eotion carrf.ed unanieouelp. MINUTES OF THE SPECIAL MEETING OF THE ATLANTIC BEACH CITY COMMISSION NELD AT CITY HALL ON JANUARY 17, 1989, AT 6:00 PM 1. Call to order The meeting was called to order by Mayor Gulliford. Present were Mayor William I. Gulliford, Jr., and Commissioners Robert B. Cook, Sr., Glenn A. Edwards, Alan C. Jensen, and Adelaide R. Tucker. Also present were City Attorney Claude Mullis, City Manager Richard Fellows, and Acting City Clerk Kazen Moore. City Clerk Maureen King was absent. 2. ACTION ON RESOLUTIONS: Resolution No. 89-4 Cc~isaioner Jensen roved for passage of Resolution No. 89-4. The emotion vas seconded by Co~iasioner Edwards. During discussion Commissioner Jensen asked the City Attorney if the City had received a disclosure statement. Mr. Mullis directed the question to Mr. Jim Cater, of the underwriting firm, Underwood, Neuhaus 6 Company. Mr. Cater stated the disclosure statement was The Mayor stated for the record that Karen Moore had been designated as Acting City Clerk for the meeting. PAGE E1,FVES7 ~~i~'' JANUARY I1, 1989 NAME OF COMMFLS M S `J Y V N Ms. Rita Fairbairn, 761 Cavalla Reid, addressed the Commission and ' stated she had had on-going problm~s for a period of same six months in oo:mection with the unkempt condition of Cavalla Fbad. She presented pictures of the street to the Commission. 'h,e City Manager was requested to check into the problem and report to the City Commission at the next meeting. T1tere being no further business to mre before the Crnmission, the meeting was adjourned at 9:55 eM. William I. R, llliford, Jr. Miyor/Presiding Officer AT1F9f: Maureen King, City Clerk PAGE TFN ~~~ JANl1Af?Y 11, 1989 NAME OF COMMFiS. M S V Y V N Ms. 1>vth Gregg, 905 Sailfish Drive, asked for clarification relative to the use of four signs. It was explained this indicated a maximum of four signs would be permitted which could 6e placed at different locations throughout the City to aid those interested in finding the property involved. Discussion ensued relative to time limits which should be established. lbtim: Amad Ordinance to set a limit of four lours, with Cook x the signs to be placed In longer than a half hour FY3.ards x x before the open house old tv 6e rtaroved ro later than Jew x half an hour after the cL>~ of the open house. flicker x x No discussion before the wte. The motion carried unanimously. (iilliford x Motim: Approve paeexQ of Ordirwixe No. 60-86-5 as ametdad. In discussion before the vote Commissioner Jensen asked why the Ordinance was necessary and the City Manager explained in light of the recent varying interpretations of "business establishment" t2n_ Oxik x Ordinance was amended for clarification. P.is+„le x x The question was called and the motion carried on a three to two Jensai 71rJ~r x x x vote with Commissioners Jensen old Tucker voting nay. ~ n+lt;fnrd x Miscerla+,w., Busirxss The City Manager anrounced the Atlantic Beach Fire Department had responded to 1,005 calls during the past fiscal year, 127 of which were for fires, and 844 were medical calls. In response to a question raised by Mr. Pobert Vincent, 1130 Seminole lahid, Conmissioner Jensen referred back to Age+da Item 3B, and stated it was his opinion the approval of Ordinance No. 60-88-5 had ratified the action of the City in approving the permit for the Selva Linkside sign at the intersection of Seminole Road and Eleventh Street. Mr. Vincent stated he did not wish to take legal action on the issuance of the Selva Linkside sign permit ant requested the permit be revoked. pldi Mrtion: Aeaake permit for Selva Linkside sign Ha+ards Jer~l ho 'll x x . i [a+t 7 i ford Further discussion ensued whereupon it was the feeling additional study was needed and the City Attorney was requested to do further reseazch and present the Commission with a written opinion. Substitute Motion: Table ®tior: to rr:volre permit for Selva Code x x Linkside sign lentil srx3i time as a written opinion an Fd9rds x 7TSCrndllxg petmtts is received frv the City Attorney Jama~ x No discussion before the vote. Ttu~ motion carried u.~anirously. '11~da=r [a.77 iford x x x PAGE NINF. MINUTES JANUTRY 11, 1989 B. Oi~IW1NCE ND. 65-88-18 - First wading AN Oi~IIAlifi: CiL16I1G, ABANOC)NB~ A!D VACATII~ TIQ11' lIIII'fON Q+ WD SFffid~ H]ifD Pla7 11~ NOIDE CITY I.IIQRS LIIE OF ATIAMPIC BEACB SOIRE 60 FEET: I~RiG 1b TBB CP1Y A PEtlNtBD' EASEM@71' ~ Ul'II.ITIPS AND OlEER CITY SEEViCES; PRt7VIDING AN EFFECTIVE DAZE Mayor GUlliford presented Ordinance No. 65-88-18 in full, in writing on first reading lotion: Passage of Ordi+raz~ No. 65-88-18 m first readiivg aed set for public hearing January 23, 1989 No discussion before the wte. 'Ihe motion carried unanimously. D. OI~11WiE N0. 90-86-137 -Public Baari+g AN Q~INAlLE AM@DIiG 1~ OHI7II~AlIE C.ODL' OF T~ CIT1C Q+ ATIANPIC I371~I, FLORIDA; AMBDING Q1P1FI2 2~, Ala'IC[8 III, DIVISION 7, SECTION 24-157 (]~ ffilAffi.i~b A ME11[D FOR MPJ~2II~ lIl'.I(ffi' OP P@7CF5 AND iATLS, HiD PEYIVIDING AN EPPECTSVE DAZE The Mayor presented in full, in writing, Ordinance No. 90-86-137 on second and final reading. Said Ordinance was posted in accordance with Qwrter requirements. The Mayor opened the floor for a public hearing and invited camients fran the audience. Mr. Deanond Waters, 1635 Seminole Ftrad rrstuested the City consider from which side fences should be measured. In cone instances property had been raised considerably by filling in, and a fence which appeazs six feet frrn the resident's side may be eight feet when measured from the neighbor's side. _ Since no one else wished to speak for or against the Ordinance, the Mayor declared the public heazing closed. Rhe Ordinance failed for lack of a motion. 'the Mayor stated he felt the Ordinance was sanexhat flawe3 and requested further study be given and the Ordinance presented again at a future date. E. OfOD'.W1Z+ ~. 608-5 -Public hearug AN OIOIINKE 1MHDIIG~ 7~ ORDIWfI~ CODE OF Tl~ CITY OP ATIANPIC ~f®, Pf[Ri1H; A!@DIIiG C®1P14R 17, AATiC[E I, SQrPIQ7 17-1 (6) TO PECTIIIL PiR OP[+ PRH4rSe REAL ES'A'lE SZGRS 0[AtTNG AN OP@] ®f~; AlHDli~; SOlAPo1L~APR 11 10 MOEC PRBCISE[~C DEPIlE Tt~ TYPES OQ D174Z.TIOIW. SI(iS E7~PII9 PRl4 OPPWYl'iQ7 OF TBE CBAP1ffil; P1WIDI1~ AN P.PP~TIVE DiY~ Mayor l~lliford presented in full, in writing, Ordinance No. 60-B8-5 on record and final reading. Said Ordinance was posted in ac~rordance with Charter requirements. 'Ifie Mayor opened the floor for a public hearing and invited ccm~ents from the a.uiience. NAME OF COMMAS. M S V Y V N Ooalc x x P.riwxlc X Jenvar x '11](`JrfS X X (~lliford % PAGE EIGHL ~~ JANUARY 11, 1989 NAME OF CO~g, M S V Y Y F raised. Discussion relative to two-story vs. one-story took place with the consensus 6einq one-story was more functional and all areas mould be more accessible for tlr_ handicapped etc. Mr. Aunple stated the next stage of the procress would be preliminary design. In that phase the issues raised could be examined in more detail, including the appearance of the Wilding and the floor plan. Caok x !brim: AuUnriae Clots, BDOQIe, r..,,a..;.,, D'Avi, to prooaed Edvards x with the prelimirazy design of a new City Nall Jensen x x Tudv'r x x No discussion before the vote. The motion carried unanimously. p,ll; £r+rl x Action On ExceptiQLS: A. Public hearing on ~pliration by Gerald Wheatley for an to mfdcG a home oczvpatim i.n his residenx~ in Selva Nnsste to keep books of arrant far DiW Design and Build The Mayor opened the floor for a public hearing and invited cvrtfents fran the audienm. Mr. Wheatley stated he would be keeping books on a home caiputer. No traffic would W gererated and no signs would be posted. Since ro one else wished *A speak for or against the request, the Mayor declared the public hearing closed. lbticn: Approve appliratim for Hu~ption, with the Cmk x x ++'~+~~; ~* there be ro p~;trian or vehicular 83srds x traffic, ro nxtn+„wl signs a~ ro charge in the Jensen x x reighborlnod Tudoer x (;ulliford x Conmissiorer Tucker asked if Mr. Wheatley had read the Covenants and Restrictions for Selva Norte. Mr. Wheatley said he had and there was nothing prohibiting love occupations. The motion carried on a four to one mote with Camiissiorer Edwards voting nay. Actin on Orduwxus A. OFL7RNN[L+ ND. 90-88-138 - Pirst Reading AN OWIIWIi'E AM9aI1T. T[B: 0[aDIlY1NZ' C(DE OF THE CITY OP ATIANfiC BEAQl, PIIIRIIIA; AlFlOING Q01Plst 24, ARPiCiE III, DIVISION 7, S~1'IRi 24-159, HDIE OlZUPATIQI R!?CiNMiONS; A!D PROVIDII7G AN EPPHLTIVB DATE Mayor Culliford presented Ordinance ND. 90-88-136 in full, in writing on first reading. lotion: Passage of Ordinance No. 90-88-138 on first madiig molt x x a'd set for public hearing January 23, 3989 P~im,+ic x In discussion before the wtP mmnissioner Tucker indicated she had Jensen Tud:er x x x prepared rates on the subject which had been presented to each Qrlliford x Crnmissiorer and which will be the subject of discussion at the next meeting. PACTS SEVEN MINUTES JANII4RY 11. 1989 The City Manager explained the engineering agreement with Cy'e and Jenson had previously been extended to cover the area on Seminole FY~ad between Seventeenth and Eighteenth Street. It could seem prudent to include this small area at this time at a cost of approximately $20,000. lbtim: AutlCOr; ~r extending the '.vr+rim agre~t betweCyf the City aCd (iee aCd Jenson to include water, sewer, drainage aid paving on Dewerse, Nqu.i~ Place aId Shell Street No discussion before the wte. Tts motion carried unanimously 6. Actin bV the Mayor on the n-mirg of a repreaartative to the Baadr=5 0D9pital Board with a term expirllq R'ry'~+ar 1989. The Mayor appointed Mrs. Dorothy Kerber to the Hospital Board with a term to expire December 1989. The Commission wind approval of the appointment. 7. Arrt i.., W the Mayor to make appDiM„rtmla to the O'~City Deyel0[IDeflt Hoard for four-year tetms adi_y in 1992 The Mayor announced the teens of Mr. Sam Howie and Mr. JoM Hass as members of the CrnmuCity Development Board had expired. Both gentleren had expressed a willingness to continue serving on the Crnminity Development Hoard. with the concw rence of the Crnmission, the Mayor re-appointed Mr. Howie and Mr. Bass to the Camrmity Development Board with terms to expire December 1992. At this time Malror Qilliford announced the following names of appointees to the Beautification Camtittee, subject to their acceptance of the position, and said that an organizational meeting had been scheduled for Febivary 22, 1989: Ms. Jodi Ford, Ms. Julia Hite, Mr. Phillip Corp, Mr. Gary t~atherhold, Mr. Desmond waters, Ms. Carolyn woods, Mr. H. A. (Nick) Nichol, Jr., Ms. Hose [M('all, Ms. C;<+en Mathews, Mr. Jeffrey Hite, Ms. Joanna Fletcher, Ms. Barbara Bonner, Ms. Elizabeth Eilers, Mr. Christopher Blanchard, Ms. Oiester G. Anderson aId Ms. IuAnn Wilson 8. DiseuSSlm bV the City CYZan; eclen en the reef steps to be fOllawad LI rEQdrd4 m a pxoPOSed new City Ball It was the gereral consensus of the Commissioners tte City needs to move ahead with the project as a new City Hall is definitely needed. Mr. Peter Rimwle, of Clements, Aimple, Goodwin, D'Avi, indicated his firm had reviewed the mments and said he felt the comments were 606-70b fawrable. Some specific camients were made relative to changes to be made and he said his fine can address the issues NAME OF COMMAS. M S V Y V N Ooolc x x Fi3,ards x Jensen x Tucker x x tiilliford x PAGE SIX V V ~~ JANILARY 11, 1989 NAME OF COM~g, M 5 Y N J. Il+solur;... 89-2 - Int...a.-r;r„ aid adopt3an of a Besolutim crating a budget syst® for the Section H project for the fiscal year 1»n+.~,i.~+ Octn6er 1. 1988. At the request of Camiissioner Jensen Item D aId H were withdrawn fran the Consent Agenda Cook x x Fhnnla X X Jetlsen x Motim: Appra+e Consent Agenda, with the excEytinn of its D '11s:kez x aid H Q+l l;fr++*~ x No discussion Irfore the wte. The motion carried unanimously. Cunsait Agada - It® D. Cavnissioner Jensen inquired whether approving the Ocean Terrace plat would constitute granting approval under Contract Quality Developnant, for which an Ordinance had not yet been adopted, aId was advised it would not as only the plat was being approved at this time. The City Attorney was requested to make sure the Cortmissioners received a copy of the proposed CQD Ordinance for Cbalc x x their study. ~ Fd~ards x Jensen x Mrtim: Appcvval of prlimir~ary plat for the development known Tlrircr x x as Ooavi Terrace il~lliford x No discussion before the wte. The notion carried unanimously. Consent Agenda -Item H Caemissimer Jensen sthted he felt the City should not make a" remmendation relative to a rule of criminal procedure. It was his feeling the time-loss of the police officers would be much greater if there were not depositions, as police officers would likely be subpoenaed more often and would spend more tine in court roans. It was also tus feeling the Camussion was not fully aware of what situations could be helped and what problans could be creatEd try the passage of Nis i~solution. Ndc x Hdrards x x lbtim: Oo rot pass Aesolutim No. 89-3 Jer~en x x Tucker x In discussion beforn the wte it was explained the Pesolution was q,,,;foad x supported by the Police Chiefs' Association, Sheriffs' Associatim and Florida league of Cities. The motion carried unanimously. S. Disevssim bf tiw City ~issim m the desirability of exteding the ergineerivl agreement betwevi the City of Atlantic Heady afd (iee a`d Jaism EnTirESS for the design of water, sewer, paving aid J+'a; ~'~ m Delfaeae, Coquina Place aM Shell Streets PAGE FIVE MIN[71'ES JANUARY 11, 1989 Notion: AE.pcvue the mooept of a straic~t exr3~ange of Iat 316 owrrd by Mr. Aim, and Iot 305 ciaiad by the City, with the aty Attarrxyr to prv4-..p the neoPSSaxy lhduwioe to authorize the exdiarge of properties No discussion before the vote. the motion was unani~rously approved. B. Plstl~er disc~ssim relative to the Selves r.;..tGide si~m Discussion on this item was withheld until Action on Ordirunoes, It® E. 4. A. A[icrnwledgrEanent of an actin bS' the Atlantic Ba~c3i Pbline Deparb~rt in transferrirrl a 1981 ~cvrolet pickup truck seized in narzotics operations to the Deparment of Public Works, City of AtlarMir BeaC11, for 1500.00. B. Adonwledg®rt on an actin by Arlw..r;r Baadi Iblioe Oepar~vt in the transfer of title on a 1976 Dodge pickup tnxjc acquired in a narcotics seizure m the Naval Lrvestigative Services, Nayport C. Ratification of an earrgeny actin by the City NanagPi for the replacx>ment of a blflier at the Buccaneer Wastewater 1YeatmEnt Plant in the amwact of X3,038.00 D. Approval of paelimiriary plat for a Contract Quality DeveL~t knoiai as Ooaan lerraoe acd r'efrr m Co®uuty Develalment Boazd E. Arc;... by the City Qsissirn to approve e~oancticn of a mrhial aid agreement Eov- fire fi¢M' ~ brlsieai the Citles of Jadcsviville Baidc, Weptine Heac3i, and Atia..r;.. Beath P. Ttrttvrit(yy~b~u.~r the City tt~ges to advertise u~xler the Q~rltdntS Guapetttlve NegOtldtlOn A(.'t for engr nas.rim 1ipTVlIYQ ip o[rnecticn with water and sewer inro,......~,+:.~.~ betaeei Atlantic Utilities in Oak Harbor and the Buccaneer Water and Sewer District G. Admwvledge o®aiiratim fr® the lbwn of Orancle Park relative to the so ra)]ed 'hiddac tmc• being paid by the electric cvat~ra of the Jxic,rx,villn Electric Autlnrity 8. Yrttmlrrti,~. and adoptim of a Resolutirn Calling for repeal of the Criminal Diswvery Depositim la,i.. by the Florida Iegisl.ature I. Resolutim 89-1 - rntma„wi... and adopFim of a Resolutim making t+±~tary tn3nsfers hetveac fords for the fiscal year ending 5.~.,fanter 30, 1988 NAME OF COMMAS. M S V Y V N Cods x x - - x Jensen x x 71~doer x (#rlliford x PAGE FDUR M1NUlE5 JANUARY 11, 1989 lotion: i'ass nr*1i^a^^. No. 90-88-135 ott final reading. At this time the Mayor read a list of additional c<mnitments agreed to by the Ceveloper and a sumnary of changes to the Cortprehensive Plan Ivrendtmnt since its sutmittal to ttte Department of Community ~ Affairs. Said suntnary of changes and additional camiilxent list is attached hereto and made a part hereof. The Mayor said it was his personal opinion this was the best project the residents of the north section of Atlantic Beach could possibly (tope for. Under the current zoning and present O!-dinances, future developers could develop the area and include streets which -geoid would open up a thoroughfaze between Mayport Road and Seminole Road. This need ro longer be a mncern of the residents. The questions was called and the motion carried unanimously At this titre the Mayor called a three mi,nrte zeoess. Resolutirn llo. 89-4 The Mayor presented in full, in writing Resolution No. 89-4 and asked the City Attorney to explain the funckion of the Resolution. The City Attorney explained the City Crnmission had adopted Resolution No. 80-27, authorizing the execution and delivery of a letter of intent with the Naval Continuing Care Retirement Foundation, with respect to finaroing the facility knowst as Fleet Landing in an artount rot to exceed $65 million for the purpose of financing said project. Resolution No. 89-4 provides for the issuance by the City of $62,600,000 principal amxtnt of its variable rate demand revenue bonds (Fleet Landing project), Series 1989. Commissioner Jensen stated he was not prepared to wte on the Resolution since it had been delivered to the Cgmtission only that evening. Similaz feelings were expressed by the other 6mnissionezs. A special meeting was, therefore, scheduled for Tuesday, January 17, 1989, at City Hall at 6:00 PM for the purpose of acting on Resolution No. 89-4. 3, 6tfinistcd At>_sittess A. D18Ci15.RlOtt On ~t of Wit t; an giXDit for trye of IOt 316 atd lnt 305 in the Saltair Subdivision The City Manager explained an appraisal of said properties had been received. There was a small difference in valuation of the properties which it was felt was due to location, but that otherwise, the lots were identical. NAME OF COMMAS. M S V Y Y Ni Cook x x Riierxta % X JarSen x Tltdoer x O.il.lifond x i I i PAGE THREE PffNUI'ES JANUARY 11, 1989 accordance with (1~arter requirr~nents. TtW FNyor opened the floor for a public Hazing and invited cortnients frtm the audience. Mr. Ed. Vandergriff of the Haskell Cortpany made a brief presentation outlining changes made to the project since the first reading of tM Ordinance on August 8, 1966. Hn explained part of the proparty had been zoned for four dwelling units per acre, with the balance of tha property being zoned for ten dwelling units per acre. The Departrtent of Canteuiity affairs had approved averaging the dwelling units for the entire property to 6.2 units per acre, equalling a possible 439 dwelling units. The plan had now been mxlified to 4.7 dwelling units per acre, a7ualling 324 dwelling wits. Mr. Vandergriff briefly outlined the function of a "Life Care Crnnunity". He explained the facility is for retired Naval and military officers and that 163 units have been reserved to date. He presented sketches of tM facility and pointed out cone of the features stressing that it would be a high quality facility, both in terms of th° residents as well as architectural design and c:onstnretion of the facility. The subject of traffic and the control of entrance; cage was discussed in some detail. I[ was pointed out the entranm on Mayport Road would bE: the main entrance to be used for all deliveries, employees, etc., with the entrance on Seminole Road only being used by residents. Roth entrances would have security guazds or card operated systems. The streets inside the Fleet Landing project would he caned and maintairxd by the Fleet larding Corporation. Mr. Jim tfieatley, 331 Nireteenth Street, asked for clazification relative to the security systems, use of entrances, etc. Fie also inquired if assessments would be made against the hcmnwners on twentieth Street or Selva Marina Drive if repairs to those streets becar'e necessary and was advised such repairs would not be funded fran assessments. While construction is in progress, all access would 6e thnngh the Mayport Road entrance. In response to other questions relative to the armunt of traffic generated Gj tlw Fleet Larding facility, Mr. Vandergriff explained the projceted figures relative to traffic would be much less than if tM azea was developed Hader the present inning. Capt. John Ptiserv, 2087 Villa Porte, stated he had m Navy, financial, or personal interest in the project but was very much in favor of the project as he felt there was a need for such a facility. The type facility presently planned would, in his opinion, be preferable to any other typr~ pmjxt which might be plarvw:d. As nb one else wish!d to speak for or against the Ordinance, the Mayor declazed the public hearing closed. NAME OF COMMAS. M S V Y V N PAGE 1F0 MINU1'F3 JANHARY 11, 1989 NAG>E OF COMMRS. M S V Y ~ Hr. Harris presented an architect's model of a proposed developtmnt for six single-family homes with garages. He rxplained he had requested a variance under the terms of the PUD Ordinance, and asked if, alternatively, the project could be considered under the terms of tlr Growth Management Art as a Developer Agreemr_nt. Fk also presented two models of alternate plans, ono of which could be developed under the present zoning. SketcMs showing the project frrgn different sides were also presented. Mr. Harris asked the City Attorru~v what the procedure would 6e to apply for consideration under the terrt~s of the Growth Management Act. The City Attorney responded the procedure does not appear to have been established by Ordinance, Other developers have, however, presented similaz proposals setting forth parameters, covenants and restrictions, etc. which would run with the lard, and if Mr. Harris felt his project fell within that category, it would be his opinion this could be referred to the Commmity DeveloFment Board For public hearing, but that it was Mr. Harris' responsibility to present his proposal to tre City for consideration. Crnmissioners Edwards and Jensen indicated they had received several wmm~ts from citizens opposing the project. Mr. Hazris, haver, reported he is in the process of getting signatures from residents in [hr area wM do cot oppose the project. Mayor Gulliford stated he felt it was City policy to give everyone wdx~ would be affected by such a project, an opportunity to express their opinions, pro and con. He therefore, suggested Mr. Harris follow the course suggested by the City Attorney. Mr. John Weldon, 380 Fifth Street expressed opposition to the project. Mr. Id~6ert Willis, 317 Sixth Street, asked tap purpose of the presentation and was informed by the Mayor it was simply infornational at this stage. Since there was a lazge number of pr_ople in the audience whose chief interest was the public hearing on Ordin'~nce No. 90-68-137, the Mayor announced this agenda item would be taken out of sequence and handlrc3 next. Actin on Ordinar~s C. Ordit~r~ No. 90-88-135 -Public ]raring AN ORDINANCE RP.dDNIT>G lAli) OLi~ BY A. F7i®RICR AIYyS, FR® A. N4MS, JLHi SNH~, GeOEtL£ BE1QV, 47I11.UW BIIII., .7ANE BOtl, AND FNRCOOKr BSI. PIOI OPHi RCIRAL 10 PIJVl~i+D U1IIT ORVECOF!$7P FOR '1418 PI~f 1AIDING PIi07Bf.T, PRL7VIDIIG AN PPPBC.7RVE M1E Mayor C;ulli ford presented in full, in writing; Ordinance No. 90-BB-135 on second and final reading. Said Ordinance was posted in ~ !@il~ OF R7~ ABQAM MFSPING OF 19E ATIANPIC BERC17 CPPY ODIf- MISSIGN IUD AT CITY RALL CN JANUAFO' 11, 1989 AT 7:15 Pll PRESENT: William I. Qilliford. Jr., Mayor/Commissioner Anbert B. Cook, Sr. Glenn A. Edwards Adelaide R. Tucker Alan C. Jensen, Camiissioners AND: Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Qilliford. the invoca- tion, offered by Crnmissioner Cook, vas followed by the pledge to the flag. .._...~..i ..v •tio .,,...,rte ..F rlw •eanlar mer+t;.,n of ~+ 12, lotion: Appcoue mimtes of the regular zrrtvq of Oeo~er 12, 1988 as sutaitted No discussion before the wte. lotion carried unanimously. lbtiono Apprp~e ;nksxi of tM spixial ngpti.~ of Deo~er 20, 1988 as sutmitted In discussion before the wte it vas requested the minutes of this meeting reflect that tlw_ wte on Resolutions No. 88-28 and 88-29 approved at the meeting of Dec~dler 20, 1988, was as follows: lgypr O+ll;fnrl wted Aye, aid pa,,; «iomrs, O~oic, P3rards, Ja~aeo at,d ltxj[er also voted Aye. The minutes were ,,.,animm,Gly approved. Motim: Aplaow ®rntes of the workshop seating of January 3, 1989 as subritted No discussion before the wte. Motion carried unanimwusly. ME OF COMMRS. M O T 1 O N S E C O N D V O T E D Y E S V O T E D N O Wok x E3iaccds x x Jensen x x 17x:ker x prlliford x Q7ok x x Edwards x x Jensen, x 17r]oer x p,lliford x O'iok x Edwards x x Jensen x 17rJaer x a Clrlliford z Rewotutim of Visitnzs None F Status Report ..page 2 The solid Was [e Committee has taken bids for recycling and plans to make [heir recommendations Co [he City Co®nission on Monday night. We are enclosing copies of [he Solid Waste Committee minutes of ]anuary 12 along with [he copy of Che bids which were received on ]anuary 4 and a copy of [he evaluation of [he bids by Gee b ]enson. This will be an agenda item on Monday night. The Haskell Company has asked [he City Commission Co consider closing that portion of Assisi Lane right-of-way which projects into the private property of [he developer. We have discussed this with [he appropriate department heads and find there would be no problems involved with this Closing provided ve reserve an easement for possible use of future utilities. We are enclosing a map of [he right-of-way which shows [he portion which the developer wants closed. If in order ve will have an ordinance drawn and proceed. We are enclosing a copy of a draft of an ordinance amending the zoning ordinance to create development agreement procedures for contract quality developments and a proposed developer agreement for Fleet Landing. Mr. Jack Thompson and Mrs. Lots Weiss have asked for a place on the agenda on Monday night to discuss problems they have had with the First Street Beach access. I[ is my opinion [hey Sn[end to ask Che City Commission [o close the access and we hope [o have some alternatives for your thoughts in time for [he meeting on Monday nigh[. A[ the request of [he City Commission we have worked with Mr. Nul lis in preparing the ordinance authorizing [he exchange of Lo[ 305 Sa hair for Lot 316 Sal[ai r. If in order this may be introduced and se[ for public hearing at the meeting of February 13. Two ordinances will be up for public hearing on Monday night. One is an ordinance closing, abandoning and vacating the north sixty feet of Belva Marina Drive and the other is an ordinance amending [he zoning ordinanre relative Co home occupations. Chief David Thompson has requested the Cicy of A[lanc is Beach consider the possibility of imp lemen[Sng a curfew for minors which has been requested by some of our citizens. The City Commission will van[ [o consider whether [hey wish to impose such curfew in Atlantic Beach and to give you some information on which [o base Cha[ decision I am enclosing a copy of the City of Jacksonville Judicial Code which covers this particular subject matter. We are including an ordinance which we have been working on for some time which regulates the possession and use of replica firearms. Please look this over and if in order we would like [o have it introduced and set for public hearing at the meeting February 13. ..... ._. ~'' - January Z0, 1989 M E M O R A N D U M T0: The Honorable Mayor and Ci[y Commissioners FROH: City Manager Richard C. Fellows SUB.IECT: STATUS REPORT Terms of office for the Pension Board of Trustees ended Dece¢ber 31. The statute requires [he CE[y Commission to appoint [vo members to [he Board and provides City employees shall sole[[ one member; the Police and Fire Department one member; and [hose Four select [he fifth member. IC will be necessary for the CSty Commission, therefore, Co make appointments to [he Board [vo members for two year terms beginning January 1, 1989. The present Cicy Commission appointees are Richard While and Ronald Wingate. This will be an item for agenda action Monday nigh[. Since the workshop meeting January 3 considerable [hough[ has been given [o the development of the Buccaneer Sever Dis[ric[. In discussing this with Harry McNally i[ appears additional land will have to be acquired if we are [o continue with [he Buccaneer Sewer Plant cn a long term basis. The other night Commissioner Edwards and I were discussing this matter and he felt further discussion should take place regarding [he long range plans for [he City for sever. Today Smith S Cillisp ie provided me with additional information regarding wastewater treatment plant expansion and I am enclosing copies of their report for your study. Commissioner Edwards suggested and I concur i[ might be yell [o sec another workshop meeting [o discuss only the long range plans for water and sever. Time is of the essence and I suggest if convenient for all members of the Ci[y Commission that ve se[ this workshop for Monday, January 30 at 7:I5. We are enclosing Copies of the minutes of [he regular meeting of January ll, special meeting of January 1.7 an any other material which vas in your mailbox which you have no[ already picked up. You'll note the firs[ edition of the Atlantic Beach Newsletter and I hope each of you will tongra[ula[e Maureen and Karen for getting [his out. This is one of [he items Mayor Culli ford vas particularly interested in. The agreement has been completed for execution between the Y.M.C. A. and the Ci[y of Atlantic Beach for the use of property at Russell Park. A copy of [he proposed agreement is included and ve will asking chat the Mayor and Clerk be authorized to execute same. The Jacksonville Track Club will conduct its Fourteen Annual Winter Beaches Runs on February 5 beginning at 2 P. H. near the Jacksonville Beach lifeguard station. The course will go 2 1/2 miles in each direction and Che officials expect co have about 2 vehicles on Che beach for pre-race setup to accompany the runners and for post race clean-up. Absent any objections from the Ci[y Commission ve plan [o authorize the use of these vehicles in connection with [his event. ~_.-_., ^` ..~.,, _ . Agenda...page 2 B. Discussion 6y [he Clty Commission on a proposed developer agreement with the Flee[ landing Pzoject Developer C. Discussion by the City Commission of a proposal to establish a curfew for minors 7. Ac[ioa on resolution: A. Action on Re soluCl nn A9-5 authorizing the City Attorney to proceed with eminent domain proceedings for regional park 8. Action w Ordinances: A. Ordinance 95-89-38 introduction and fire[ reading of an ordlnente author izinR [he exchange of property adjacent [o Novell Park be tueen the Ci cy of Atlantic Beach and William S. Hixon end ee tt ing a public hearing For February 13, 1989 B. Ordinance 57-89-13 introduction and fire[ reading of an ordinance amending [he ordinance code of the Ci[y of Atlantic Beach, Plorida to regulate the possession and use of replica firearms and setting a public hearing for February 13, 1989 C. Ordlnenee 65-88-18 public hearing and final reading of an ordlnente closing, abandoning and vacating [hat portion of Old - Sherry Road from the north city limits line of Atlantic Beach south sixty fee[ and reserving a permanent easement for utilities and other City services D. Ordinance 90-88-138 public hearing and final reading of an ordinance amending the ordinance code of the City of Atlantic Beach, Florida amending chapter 24 [o establish more definitive regula[Sona for the issuance of licenses for home occupations 9. Nlmeallaaewe etsiness: 10. CSt7 Nasser reporu: 11. reports amd Requests from Clq Caa~issioxrs and Ciq Attorney Ad]ournaent ~, s.. .. /_ CITY OP A'fiAN'[IC DEAC11 REGULAR !D'El'IMC JANUARY 23. 1989 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of [he rescheduled meeting of January 11, 1989 and special called mee[Lng of January 17, 1989. 2. 4eopitiom of YSSitare: 3. Appesrssces: A. Mr. IJaek Thompson and Mrs. Lois Weiss to discuss problems at [he beech access at Firs[ Street and Beach Avenue 4. Consent ARends: '. A. Approval Eor the Jacksonville Track Club to utilize [vo vehicles on the beach fn connection with the Fourteenth Annual Winter beaches Run February 5 ac 2 P.M. B. Authority for Nayor and Clerk to execute agreement between the Y.M.C.A. and the City of At lant it Beach for use of property at Russell Park C. Acknwledge receipt of the first edition of the City of Atlantic Beach nersle[tez D. Approval of Monday, January 30 at 7:15 P.H. for a special vorlwhop In regards [o long range eater and sever plans '_ E. Authority to dray an ordinance [o provide for the closing and vacating of a portion of the Assisi Lane right-of-way vhieh projects into the private property of the Fleet Landing project G. Approval of [he City Commission for the appointment of Richard - Whlte and Ronald Wingate as Cicy Commission appointees to the Pension Board of Trustees with a term ending December 31, 1990 H. Ac knwledge addl tlon of Ms. Oprah Jackson and Reverend James -. Gilliard co the Safe Neighborhood Task Force 5. Cmwi[tee Reports: A. Report of the Solid Waste Committee relative to recommendations for a mandatory curbside recycling program 6. tee Rsslaess: A. Co~isaion discussion of a pmpoaed ordinance providing ~. procedures Far development agreements and ton[[ac[ quality developments ' CITY OF 1Qtlu.ctie Seael - ~lacida i160CEA~BOULEVARD P. O. BOX 26 ATLA.~'TIC BEACH, FLORIDA 38233 TELF.PY.OYE 19D112~32396 IOPICE OF lFSTIIT T88 ATIANPIC BBALH C1RY ~lQSSION iiIId. BI%D A WEIX.4'BOP lFElll~ ON l~fY, JAIRAIO[ 30, 1989, AT 7:15 F!I IN CITY BALL, 716 OCPA[i BO[IIEVAIm IU2 TBB P~'O6E OP DL9~ING PiAlU REfATIVB 10 TBE C11Y'S i0Y®2 A!D SH~ffi2 PACQ.ITIIS. ~.-. r. e G' ~- CIT1[ OF AIYANPIC ~IICEI NOTICE O F MEETING Y88 AdifNYIC 1fa1® CITY C~QSSION Iifll. HID A SF~D1L NDIdCSHp M~YDT, ON TI~11Y, .TlI~1[K 3, 1989, IN CISY Bi1LL, 716 OC®IN BOIIEVAIO, AT7dNPiC H%ICB, AT 7.00 R1, PCIt '~ PUR'O66 CP DL9[ASING 1~ @lfII~ TIOM OF TB6 1f0 SSiI[~ T8871'Q@iP FACILITIESS AND ANY O'it vpm~c '~ O]BQSSI07 fRS~ 10 DL9~, Ili lIN AT»Y 10 DEVSIDP PNIORITffi PCR T8E O~@IC YP/1N. Section Z. That this ordinance shall become effective immadintaly upon its final passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TNIS DAY OF , 1989. Mayor/Commiss over ATTEST: C ty Clerk PASSED ON FIRST READING: PASSED ON SECOND READING: ORD/1/3/89 a. A specific finding in the development agreement that the development permitted or proposed is consistent with the City's comprehensive Land Usa Plan and the land development regulations oP the City of Atlantic Beach or that, if amendments are necessary to th• zoning district designations or lan8 use plan des ignitions on the subject property, that ouch development agreement is contingent upon those amendments being mnde and approved by the approprintn governmentnl agencies. 9. The City Commission may provide for any conditions, terms, restrictions, or other requirements daterminafl to be necessary for the public health, safety or welfare of its citizens and such conditions, terms or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the City o! Atlantic Beach and may provide for oft site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions and similar types of matters that would not otherwise be required of the development under the existing City ordinances and regulations. 10. A statement indicating that failure o! the development agreement to address a particular permit, condition, term or restriction shall not relieve the property owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions and that any matter or thing required to be done under existing ordinances of the City of Atlantic Beach shall not be otherwise amended, modified or waived unless such modification, amenflment or waiver is expressly provided for in the said development agreement with specific reference to the code provision so waived, modified or amended. il. At the City Commission's discretion, the development agreement may provide that the entire 8evelopment or any phase thereof, be commenced or be completed within any specific period oP time and may provide for penalties in the nature of monetary penalties, the denial of future building permits, the termination of the development agreement or the withholding of certificates oP occupancy for the failure of the property owner to comply with any such requirement. 24-17-9 The ordinances and regulations of the City governing the development of the land at the time of the execution of any development agreement provided for hereunder shall continue to govern the development of the land subject to the development agreement for the s Prior to the first public hearing, the proposed development agreement shall have been reviewed by the Planning and Zoning Board end its recommendation shall have been provided to the City Commission. In the event that Planning and Zoning Hoard has tailed to provide a recommendation to the City Commission within forty-five (45) days from the data that such development agreement has been submitted to it for action, this requirement may be waived by the City commission. At public hearings, the City Commission shall accept any public comment on the terms of the development agreement. At the meeting at which the second public hearing is held, or at any subsequent meeting thereafter, the City Commission may, by vote of not lees than four (4) members of the City Commission, approve the fora and execution of a development agreement. 24-17-8 Any development agreement approved under the provisions of this ordinance shall contain not lees then the following requirements: 1. A legal description oP the land subject to the agreement and the identification of all persona having legal or equitable ownership therein. 2. The duration of the development agreement, which duration shall not exceed three (3) years, but which may be extended by mutual consent of the Clty and the property owner, said extension being subject to the public hearing process necessary for thn initial approval of the said development agreement. 3. The development uses permitted on the land including population densities, building intensities and building height. 4. A conceptual Bite plan containing such information es may be required by the city Manager to properly consider the development proposal. in the event that a site plan is required in the zoning district designation in which the property will ultimately be developed, all the requirements of that site plan process and submittals shall ba met prior to development. 5. A description of the public facilities that will service the development, including designation of the entity or agency that shall ba providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed and a schedule to assure that public facilities shell be available concurrent with the impacts of the development will be provided. The development agreement may provide Lor n letter of credit to be deposited with the City to secure the construction of any new facilities that ere required to be constructed. Alternatively, such construction may ba a condition precedent to the issuance of any building permits or other development permissions. In the event that the new public facilities are !n piece and operating at the time development permits are requested, no such letter oP credit shall ba necessary unless such facilities are not adequate !or the project. 6. A description of any reservation or dedication of land for public purposes. The development agreement shall provide specifically how the land dedication ordinance obligation for the project, if any, is to ba met. In the event that land is to be conveyed to the City in discharge of the land dedication ordinance obligation, the development agreement will provide that such conveyance will be by warranty deed and will be accompanied by a title insurance policy (at the expense of the property owner) in an amount not less than the fair market value of the land. 7. A description of all local development permits approved or needed to be approved for the development of the land, specifically to include at least the following: any required zoning amendments, any required land use plan amendments, any required submissions to the Duval County Planning Council or to the Department of Community Affairs, any required permissions of the State of Florida Department of Environmental Regulation, the U.S. Corps of Army Engineers, the Southwest Florida water Management District, the U.S. Environmental Protection Agency and any other governmental permissions that are required for the project. The development agreement shall specifically provide that said development permissions are not received, that no further development o! the property shall be allowed until such time as the City Commission has reviewed the matter and determined whether or not to terminate the development agreement or to modify it in a manner consistent with the public interest. Under these conditions, action in reliance on the development agreement or expenditures in pursuance of its terms or any rights accruing to the property owner thereunder, shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the development agreement. development agreement by vote of not lase than four members of the City Commission, direct the City Attorney to reduce the said development terms to contractual Porm for further consideration by the City Commission. This direction shell in no manner whatsoever obligate the City Commission to ultimately approve a development agreement or to approve any of the matters outlined to it by the City Hanager se to any"'spacific term or condition. In the event that the City Manager and the property owner have not negotiated a mutually sntielactory development agreement, the City Manager shall so notify the City Commission and the development agreement process as to the particular land shall be concluded unless by a concurring lot oY four (4) members o! the -~city~pommission, the City Commission shall direct that negotiations shall continue. A further development agreement application on the same property may ba submitted no sooner than one hundred eighty (180) calendar days Prom the date oP the <city Mannger's notification to the City Commission that the previous development agreement application was terminated for failure to reach a mutually satisfactory agreement or the City Commission has concluded consideration of the development agreement, whichever is later. 24-17-7 At such time as the City Attorney has reduced the terms of the proposed development agreement to written contractual form, the City Manager shall transmit such development agreement to the City Commission with his written recommendation regarding adoption of the development agreement. The City Commission shall then conduct not less than two (2) public hearings on the question of entering into the said development agreement. Said public hearing shall be advertised in a newspaper of general circulation in Duval County, and such notice shall be advertised approximately fifteen (15) days before each public hearing. Notice of intent to consider said development agreement shall also be mailed to all property owners abutting the subj act land or lying within 200 feat of the subject land not less than fifteen (15) days prior to the first hearing. The npplicant for the development agreement shall furnish an updated listing of the complete names and addresses of the effected owners. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. The said notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities and building heights and shall specify where a copy of the proposed agreement can be obtained. 1B. Any deed restrictions existing or being imposed upon the lands for development. 16. A list of all federal, state and local permit requirements. 17. Private or public parklands required or proposed !or parkland impact tea purposes. 18. Any further information that the city Manger may require because of the particular nature or location of the development. 26-17-5 The submission of a request Por consideration of a development agreement, the City commission's willingness to pursue diacuaeione, the resultant negotiations regarding a development agreement, the payment of any application fees for the submission of any applications, engineering plane, surveys and any other expenditures or efforts in prosecution of the development agreement provided for herein by a property owner shall not vest any rights whatsoever in any zoning or land use designation in such property owner nor shall it in any manner whatsoever limit the City Commission from undertaking any zoning or land use plan amendments Lhat it would be otherwise legally entitled to undertake. 24-17-6 Tha City Manager and hie staff shall review the development proposal oP the property owner and shall meet and negotiate with the property owner regarding the appropriate development of the property and the terms and conditions on which said property should be developed as the said City Manager shall deem to ba appropriate and necessary for the protection of the public interest. At such time as the property owner and the City Manager has reached tentative agreement as to the terms and conditions of a development agreement or the City Manager deems that no Purther negotiations would be useful because of the unlikely possibility of reaching a concurrence on the terms and conditions of a development agreement, the city Manager shall report the status of such negotiations to the City Commission. such tentative agreement shall not give rise to any development rights or equitably or legally vest any development rights in the property owner. Zn the event that the City Manager and the property owner have negotiated the terms of a mutually acceptable development agreement, the essential terms of that development agreement shall be presented in an outline form to the Gity commission. The City Commission shall review the same and shall, if it determines to proceed further with completion of the -:.. the lnnd, Sncluding population densities and building intensities and heights. 5. A description of all existing and proposed public fncilitiea that will serve the land. 5. Identification of zoning district modifications or bend Usa Plan district amendments that will be required it the proposed development proposnl ware to be approved. 7. The zoning and present lend use categories of all abutting property. The complete names end addresses of all property owners abutting or lying within 200 feet of the subject property as currently listed in thn Duval County records one (1) week prior to the agreement application. 8. A certified property boundary survey prepared by a registered Florida surveyor no more than twelve (12) months prior to the property owner's written request for the development agreement. 9. All environmentally sensitive lanfle, DER jurisdictional wetlands and lands subject to the jurisdiction and regulations of the Southwest Florida water Management District shall ba shown on a survey of the property. 10. All existing and proposed util itias and the manner in which existing utilities will be extended to the site and/or expanded for the use oP the development, including water, sewer, gas, electricity, CATV, and other utilities. 11. A mnetar drainage plan for the development indicating thereon tho existing drainnga features and land topography along with and superimposed thereon the proposed drainage features indicating clearly the means by which the Pinal developed land will collect, regulate end conduct the drainage runoff from the lands developed and tributary thereto. 12. The location, type, size and height oP Pencinq, earthberme, retaining wall or screen planting to bulfar abutting properties or ae is otherwise required by City regulations. 13. A grading plan and included therewith the elevation requirements of the National Flood Insurance Program as applicable to the City. 14. A landscape plan and existing tree survey. property subject to the development agreement in the City, except as is expressly provided by Chayter 167 F.S. 2a-17-2 A property owner desiring to enter into a development agreement with the City shall make a written request for such development agreement to the City Manager and pay the Lee as is established by motion of the City Commission. Such written request shall identify the lnnds which are desired to be subject to the development agreement and shall identify all legal and equitable owners having any interest in such property and such ownership interests shall be certified by a title company or an attorney-at-law licensed to practice in the State of Florida. In the event that any partnerships, corporations, joint ventures or other entities, other than individuals. own a legal or equitable interest in such property, all principals and other persons with interest in such partnerships, corporations, joint ventures shall be revealed. 24-17-3 Upon receipt of such a request, the City Manager shall place the matter on the agenda of the City Commission and the City Commission shall, in its discretion, determine whether or not it desires the City Manager to pursue negotiations with the property owner relative to the entry into a development agreement. in the event that the City Commission determines not to proceed with further negotiations or discussions regarding the development agreement, the fee paid by the property owner shall be refunded. In the event that the City Commission instructs the City Manager to proceed with further negotiations, the fee shall thereafter be non- refundable regardless of whether or not a development agreement is ultimately executed between the City and the property owner. 24-17-6 Upon the Clty Commission determining that it deeirea to proceed with further negotiations relative to a development agreement, the property owner shall promptly subject a development proposal for the subject property to include the following information: 1. Legal description of the lands to include identification of lands or "out-parcels" to be exempt ~' from the agreement. i 2. The persona, firms or corporations having a legal • or equitable interest in the land. ' ~. The desired duration of the development agreement, but not exceeding three (3) years. 6. The development urea desired to ba permitted on D~p~ ~ ORDINANCE 46.~i'43`- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES TO CREATE ARTICLE XVII SECTIONS 24-17-1 THROUGH 24-17-13; INCLUSIVE TO PROVIDE FOR DEVELOPMENT AGREEMENTS: PROVIDING FOR APPLICATIONS AND SUHMI FTAL REQUIREMENTS: PROVIDING FOR REVIEW BY THE CITY MANAGER, AND CITY COMMISSION: PROVIDING FOR FEES: PROVIDING FOR NO VESTING OF DEVELOPMENT RIGHTS: PROVIDING FOR RESUBMITTAL LIMITATIONS: PROVIDING FOR NOTICE AND PUALIC HEARINGS; PROVIDING FOR THE CONTRACT OF DEVELOPMENT AGREEMENTS: PROVIDING FOR APPLICATION OF SUBSEQUENT ORDINANCES: PROVIDING FOR REVIEW AND RECORDING AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ZN SESSION DULY AND REGULARLY ASSEMBLED: Section 1. That Chapter 24 of the Code of Ordinances oP the City of Atlantic Beach is amended by the creation of Article XVII Sections 24-17-1 through 24-17 -13, inclusive, said Article to read as follows: "ARTICLE XVII DEVELOPMENT AGREEMENT 24-17-1 Development Agreement Procedures Development agreements shall be considered under the following procedures: The City Commission of the City of Atlantic Beach in its sole end exclusive discretion, may enter into development agreements with the legal and equitable owners of reel property within the City limits of the City of Atlantic Beach as is provided in Chaptez 163, Florida Statutes and as is further set forth under the terms of this Article. The entry into a development agreement by the said City shall in no way whatsoever limit or modify any legislative power by the said City to adopt ordinances, resolutions, regulations or to make executive administrative or legislative decisions of any kind which it had the power to make prior to the entry of such development agreements, except to the degree that the development agreement, by its express terms and not ba implication, gives vested rights to the said property owner as to certain development permissions, required improvements and similar matters. No development agreement shall, by its express terms or by implication limit the right of the City Commission to adopt ordinances, regulations or to adopt policies that are of general application or specific as to the CITY OF J~aatee $eaek - ~lauda i180CEAN BOULEVAdD P. O. BO%26 ATLAN'DC BEACH. PI~BIDA 94211 TELEPNONEIaMl 2192396 January 5, 1989 MEMORANDUM To: The Honorable Mayor and City Commission From: The Community Development Board Subject: Board Actions of December 20, 19BB rith Recommendations Your Community Development Board took the foiloring actions at '. it's regular meeting on December 20, 1988: " The Board granted a one year eztention for a rear yard variance issued to Mr. and Mrs- Guy Johnson in December of 1987 for their property in the Beachside Subdirieion. " The Board reriered and recommends approval of an application for development of an oceanfront parcel to be named OCEAN TERRACE. The developer proposes to reduce density, similar to OCEANSIDE and SEMINOLE REACH, to six oceanfront single family lots and eight interior single family lots. The property is currently zoned RG-3. Rev ttully Submitted, '~ i Rvnv' Angers, S retar Community Dere op ant Board ~,_ _. NOTICE OF PUBLIC HEIIRINC CITY OF ATLANTIC B611CH Notice 18 hereby given that the City Co®iesion of Atlantic Beach, Florida will hold a PUBLIC NEARING on January 11, 1989 nt 7:15 P.M. at City Hall, 716 Ocean Boulevard, for the purpose of hearing and considering the views of the public concsrning the following Use by Exception: An application for a Uae by Exception for a home occupation from Gerald Wheatley, 1985 8riate De Mer Circle, Belve Norte, wRere ha wiehea to keep hooka of acoounta for BGW Design end Build. All parsons Sntereated nre notified to be present at said time and place end they shall be heard. Copies of the Ordinances ,are on file in the City Clerk's office at City Hall. Zf a person decides to appeal any decision made by the City Co~iaaion with respect to any matter considered at any meeting or hearing, he will need a record of the proceedings, and !or such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal Se to be based. Published: Beaches Leader 12/14/88 - Purchase Order p3512 Posted: city ~xall Poet Office ,: _. ~,:~. NOTICE OF PUBLIC HEARINGS CITY OF ATLANTIC BEACH Notice is hereby given the City Commission of Atlantic Beach, Florida will hold a PUBLIC HEARING on January 11, 1989 at 7:15 et City Hall, 716 Ocean Blvd. for the purpose of hearing and considering the views of the public concerning the following proposed Ordinances: ORDINANCE NO. 90-88-137, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-157 (A) ESTABLISHING A METHOD FOR MBABURING HEIGHT O£ FENCES AND HALLS; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 60-88-5, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA: AMENDING CHAPTER 17, ARTICLE I, SECTION 17- 1, SUBPARAGRAPH (6) TO PROVIDE FOR OFF PREMISE REAL ESTATE SIGNS DURING AN OPEN HOUSE; AMENDING SUBPARAGRAPH 11 TO MORfi PRECISELY DEFINE THE TYPES OF DIRECTIONAL SIGNS EXEMPTED FROM OPERATION OF THE CHAPTER; PROVIDING AN EFFECTIVE DATE. All person interested are notified to be present at said time and place and they shall be heard. if a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal is to be based. Published; Beaches Leader 12/14/88 - Purchase Order 713512 Posted: City Hell Poet Office ~~~ ~~~~ a can oQVasSlo~ ~ ~ crnr ar eaaxnc ~, ala®n, rn~oss so ®4ri~ its 0~ ~ lave ram ~ ree~ ~+ ai ~ war nc ~s nouffiars~er. ac i~ac ae~~ ac ~ ef~osat nn~ >$ ffin ac ~~Y, .-Itii11B 11, 1989 AT 7:15 RI AT CTiY BAiI., 716 O®18 B(~BEVABD, 1lIIJ1N14C 1®1~, MIIRIM. AiS. 1N~6S11~ PAId.7L•S IY1Y 11PP'&1R ald' ~ !ffi4!G 1fN) 1~ 8®IIO IH7~llZ; 7~ Ply ~. ~~~ a~ricc$ ae lxo use »$ crnr aoi*usslai ae ste crrir aP xaxrrlc Beams, plazm+, moss 90 ~ a use aP rato ia'!~i a AiB~/r SB~fei ai ~ nir ~ 9ers nov~ar.~rr. ~ xsac ®irmic ai z~ rwcsiw rel. s sera a~ ir~r, .-8®NK 11, 1989 AT 7:15 FIl M QTl[ Biel., 716 0®IN BORE18ir0, 1~78RIC B01~, F4~. ]ttl. IIflgB4~ Pllid'ffi MI IiPPPJ1R lYP 'lam la~1711C J881 B6 I8'JIIO 1~1iDIlG ife Pli<lr3ssD CBi4[R;B. . ,__~~~ L, tl,._ ,cy ~~.~-.,~~...:..._ .... .... .~ tu,.~ Augur[ 8, 19RR :-~cz:ca LY CLe i.iie l.umn:..:. a.i.. .i. _..... _~, ,.:.~ [u.o. ~. ..__:..: N11 _ .. u.._, tl ,yu. ,...~ _.:,. .. C!:.udv L. Mt.lla::, i.itY Atlw ... _'. ~.A_ rik J; NA!iJY. hb. q. :f •J- 135 AN ORDINANCE AttENU1NG THE ukUI NANLE: cu: rt: OY THE CITY OF A'1'LAtil IL HEAtk, FL Ui:1 UA; AMENDING CHAP"1'EH girt: UJttP;<EHl-:hS: VE ZONING OHDI NANCE nN: Lntur :+LVELO Yt1 b:NT Cu DE BY ANENUiN6 'I IIE ur'F 1C1 Ai. ZUNING Nn!' I'O REZONE LAND UMNED !sY A. }'if E:Uif1Gn A')ANS, E'h ED A. ADAMS, Jt1aN SIfEA, UEUkuE HELUN; HELIIM YROYERTIES, r.l U., vi LL:AN HULi., JANE HULL AND HARCUURT HULL, III Uti'.CHIHLD UN EXi,lbll' 'A• ATTACHED 1{Elf El'u !'kUtt uki~:N kukAl. (Ulf) ANU PLANNED UNIT L+EV ELDi'f.Et1T tF'UU) 1L A 1'1.ANNEU UNIT DEVELOYttliN1' (Yt1U+; Yk UVl Ul N[i AN EFF'ECfI VE UATb: i MHEREAS, The Com+aunity Devoic+Hment Isoard ::2 the City ul Atlancic leach has eunnider ee a lo-yuc-mot to - .;nyc• - mnrny claaeifieatxon of land nvned Dy A. Ft vdrick Adam.:, Prod A. Aflame, John Shea, George Helov, vrlliam fsull, Jane lsulr and Harcourt Bull, and held a public Lear vfy on ::a..+u en July 1'u, 19Bb, an<: MHEREAS, The L'ity Com:.u Brun r..,e:: e~~ercrs,~ it.s puve; r+ to amend the Land Development. Lodi, u.cluc my the Jlt iCi ~i Li .fans hap, in order to encouraye tLa apps of„r,rte use o: land, ,; r.,s WHEREAS, The rezurung rc cunur:.tcnt vith e!+e l:ompr of.cr.~r ve Ylan, and the rezoniny vrll nut adversely exf est. the health :.nc safety of Che residents ux tLe arc-a, and vill mrt La det rr rent al to the natural envuoument or to tt:.~ ucc• or flee: :cement uc :t+.. adJacent properties in the genrra: nc uihtr_n-houJ, NOM, THEREFORE, BE 1T UkUp INED BY 'fHE CITY CuNtt 1SS1UN :7E' THE CITY OF ATLANTIC BEACH, FLUkl bA: Section 1. The Oix iclal Zon vey flap u2 the t.ity of ALantu Beaeh ie Aereby changed is ref lest tha ner mnsng ox pruper ty described on Exhibit •A•, 2r um Upon liural iON) .nd Ylannvd Ur.it Uevelopwent (PUD) to a Ylsnned Unit Development .i-l1U ), Seetlon 2. Thir: ra drna oce• shall b••+.omc- a}}ecU Ve Smmediately upon its adu).t ioi.. ;r; s' .~ .°Jection 2. This ordinance ::!.all tala,t eiSect upon Sic a.luplion. Passed by the City Commi~uiue n zii :;t xaadiny_____ __ __ I Passed by the City Commi:;sion on :. e..ond and final readiny___ _ ___ Milliam ], Gullilord, Sr. , Ma}v., Pr esidiny Ofiirex ' Approved ae to Form and Correctne..u: Claude L. Mullis, City Atto.'a ey (SEAL) _____________________________________ Maureen King, City Clerk ~"' ' f r t ~> 5) A nonilluminated nameplate not exceeding one (i) cyuaae Soot in area, mounted £lat ayoiust U.e wall ai a position not more than fro (2> test distant Srom the main entrance to tt.e residence. 6> No equipment or process shall be used in a home occupation vhiCh creates noise, vibration, glare, fumes, odors ar electrical interference detectable to the normal nensos oL1 the lot. All motoru and equipment shall be ahielded e;o ae not to cause radio or tc-l evieiun interference. 7) There shall be no sale of commotlities other than those made on the premises provided that the sales shall Ge contlucted rlthin the buf lding nn^ no display or advertlsiny ::hall be visible from the outuide aS tt.e building. B) Fabrication of articles ouch as are commonly claf.s hied under the terms arts and handicrafts may be deemed a home occupation. 9> 7iome- xoupati enex- ~ha•11 aoi -tw coast wad_ .to- Sr.c lade ~+ceo- rMc1'ra 1.l ~denes ai e-gr cat er-valwnes bf t-rufd i¢{hy n-»or~naily- rxfarcted- in -a~ra:iduwtaalrie4gAborMoo6, - nrr-spa l; -it ~,r- ranGtsred -to- iaclade laetaar-ene'per -beauty y~sr•laarur -ioe3.l pr oeeasf.ag- establiehmrn ie,- sect aur~n LS,- awtiq us. rterc.c..os. roamw Deal Jrlwne lc~. Home occupations shall not be construed to include. am.,..,. a 10> There rill be no pedestrian traffic, vehicular trait I1) If a hove occupation reaches a level of activity that a commercial or i1~4f- 112) A plan shoring the location and total floor area oS the residence on the lot, the area of room a~ svoaa to be utilized for the home occupation, ingress and egrocs from the public right-oS-ray, :;hall accompany the applicotiun for exception or p¢r mit fw' the Lcn~.e occupation. ie. -~ r. G1tulxeNCe NG. ~,D-en-l~s AN ORDINANCE ANENDING Tki F: ORDINANCE CODE: OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 29, ARTICLE III, DIVISION 7, SECTION 24-159, ROME OCCUPATION REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TffE CITY COMMISSION OF THE: CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 24, Article III, Division 7, Section 29-159 is hereby amended to read as Eollovs: CHAPTER 24 20NING AND SUBDIVISION REGULATIONS AR T. ICLE III, 20NING AND SUBDIVISION DIVISION 7, SUPPLEMENTARY REGULATIONS Sec. 24-159. Home Occupations Home occupations are a permissible use by exception Sn all districts. The iolloving regulations are applicable to home ' occupations: 1) No person other than members of the family residing on the preeleee shall be engaged in such occupation. 2) No- Home-osorpetiow 'hall- eaerpy Hoerr Men-txntr -fire-• X25+ pesoeni -o,t- Lho- Heof area-ob Mr drei }lrtcr entlz No more eves os Cne are111ng unit. No mare then fi:•e (5) percent of of land Se permitted. 3> No home occupation shall be conduced in an accessary building or attached garage, but must be conducted in the ~. reeldence of the proprietor. , 41 The home occupation shall be clearly incidental and subordinaie to its residential use antl shall, under no '. circumstances change Lho outside appearance w' thc- reeidential character of tho- Lulldiny. ,i~L •1 ~,•~~F~85ESFa e°aa.. aat 1 ~ J • LL i2^_ u Xk vu ~ ~'Y~ O N 'a -- °----- r z '.. 7'_ u n / +1; °w°- ~: a i.w.w •wo'a Q If. Y~~Ci~ of o~ewwaton J 1 u E . i 1""'T :". r' ~r e r~}]1~ESj J J. Q yr,°~o~U I 1r°.i~GrN~ '~~~ •rOfuprp°0 ~FJ~r Jo1J~ I ;~_~•;; a~u ~ 'Y, i. Osye•O~FOJ ~ ' ~~ i~~~~udr~i. ~I,~I'-'- r Sn00 W~ 0)~~8~~~}auu I rr.~~,~ ] J~ or1P ~.. 1• ~1Nr Er~Y~I ~. i ,5e o}J'~i ~r6;scaa'~G3: •~•I.F ~= INp% ~~~'j{rj• ~ ~1eIlfo l~~t y~ ~' itr ~,1',prY 701 P9Y~ . 1 Lo Ialt-. I'.I:. ?~-t:;: \ ,il:7~ir•_IOw~A +... 1•'11.1 ~~.•~ - ,;,;i; ~: VSC ~ ~~~ °}7 '~~ N • { • ti 7i ~iY t 1y ..Y\: 1~ 7e 0.1 , ~_ f ~ 1~ ~ ~ YJ u U p ~ J pf J ~~O Y e ~ 11u F Y~ u o a w G d Y ; s 0 2 ~ i O Y / J J J ~ ° o uY 17 7 1 Y O 9 r / P ~ 2 2 n i° ~ 6 P e i f ~~. 1 1 ~ y d e u y u Y W ~/ J d f J f J 7 f 0 H e n o i ] ~ 7 J' L r/ ~ f ~ o p~ Y Y. f o yJ f b~p~11f P~p~ ~~~ J f ~ 0 o nu u~ yoy J~D000a yu fu if l,~~~. JYi u / f u F Y e7 P f O Jf N f / l i .I ~• `Oi 2 /••I •'e 4~ a_ v0i g '~ • J 11 ^i Jr Q; J. ~J - r y J f e o , ~_.°; 4 .. .,. 1„ 7• f .;fie •ti' I ;=r I ll 'L,n O'J tl0 IIL21V V .21'x10 M C'fO OGM1 ., r---c.-..._~.-~.. ---~-- It~~• ~ n ~ ...... 1 ~ -~s•~oo nrn _;: ~,~~ ., < -~,~: _~ J i 1 ~ na•_, q 1 .v e. o: ~..; ~ _ . .. : `~1 yI ..1(r.. (I -~LS l ~ e ~ i _ . e..~ i Z _ _ 1 . , Y . f . r.r.r ~- ~ I .J V. _ .J I f • •• ' •~ I A _ • //Y rn _L 2.'x.10 o L ,,, 1 ao~c>I _ w ~j t a~at . ' • ' l II 1 • j ..ra . -7 6 • ~ -t . ~; i s ' .(I{!. ~ w dry.. ~. ~!!. ~.. .,'~~~ . r!'! ~' 1, :: ' ' , _, :.~(.:r"_ :•rI ;Fj.`'' _ . +vj` :~q~P •yA°ef ____ _i-_~Y L_i •-tom -~.. ..~y.~•'=__. ~, f S~Yid( ~ r sao...ri~Lt1 J i F ~ 7 ~ '~ 41.0. ~ 1i K.'4G. ••, ~.:~• •~ v1 .1 \ n I 1 1 o I '11 `:"f : i `":l i ~' I1~ / •II 1 :;; 1.. d KQ]~•f r y \~• v:l,r. •n 1 ORDINANCE NO. 6s-88-18 AN ORDINANCE CLOSING, ABANDONING AND VACATING THAT PORTION OF OLD SHERRY ROAD FROM 7HE NORTH CITY LIMITS LINE OF ATLANTIC BEACH SOUTH 60 FEET; RESERVING TO THE CITY A PERMANENT EASE.NENT FOR UTILITIES AND OTHER CITY SERVICES; PROVIDING AN EFFECTIVE DATE. NHEREAS, Se ova Marina Drive, formerly known as Old Sherry Drive, ie currently open [o the north city limits of the C3[y of Atlantic Beach; and WHEREAS, at [he pain[ where Selva Marina Drive intersects the north city limits line of [he City of Atlantic Beach [here exists a Plat of 100- foot right-of-way called Old Sherry Drive; and WHEREAS, should [his right-of-way ever become open a tremendous flow of traffic would come through a very dense residential neighborhood; and WHEREAS, [he Ci[y of Atlantic Beach wishes [o close [hat portion of [he Selva Harina right-of-way from [he north city limits line south a dis- tance of approxima [ely 60 feet. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl41ISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, [ha L• SECTION 1. That Section of Se ova Marina Drive throughout its entire width from [he north city limits line south 60 feet is hereby closed, vacated and abandoned in all respects with [he City of Atlantic Beach reserving a permanent 2s-foot easement [hereon for utilities, drainage and [he use of polite fire and sanitation vehicles; SECTION 2. This Ordinance shall cake effect upon its adoption. x • • • k • ~ • e Passed by the Cicy Commission on first Passed by the CI[y Commission on second and final reading William I. Gull iford, Mayor, Presiding Officer Approved as to form and correctness: Claude L. Mullis, Ci[y Attorney i (SEAL) 1 ATTEST: Maureen King, Ci[y Clerk ~. NOTICE OF PUBLIC HEARINGS CITY OF ATLANTIC 8&1CH Notice 18 hereby given the City Commission of Atlantic Beach, Florida will hold a PUBLIC HEARING on January 11, 1989 at 7:15 et City Hall, 716 Ocean Hlvd. for the purpose of hearing and comlderSng the views of the public concerning the following proposed Ordinances: ORDINANCE NO. 90-88-137, AN ORDINANCE AMENDING THE - ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, / FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION `~ ~ '~/ 7, SECTION 24-157 (A) ESTABLISHING A METHOD FOR MEASURING HHIGHT OF FENCES AND WALLS; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 60-68-5, AN ORDINANCE AMENDING THE ORDINANCB CODE OF THE CITY OF ATLANTIC BEACH, FLORZDA: AMENDING CHAPTER 17, ARTICLE I, SECTION 17- 1 1, SUBPARAGRAPH (6) TO PROVIDE FOR OFF PREMISE REAL E ~ ESTAT6 SIGNS DURING AN OPEN HOUSE; AMENDING l_~/ SUBPARAGRAPH 11 TO MORE PRECISELY DEFINE THH TYPES OF DIRECTIONAL SZGNS EXEMPTED FROM OPERATION OF THE CHAPTER; PROVIDING AN EFFECTIVE DATE. All person Sntereated are notified to be present at said time and place end-they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which appeal is to be Daeed. Published: Beaches Leader 12/14/88 - Purchase Order #3512 Posted: City Hall Poet Office NUMBER: FUND: 89-01 Capital Proj ectc Fund-30 ACCOUNT N0. ACCOUNT TITLE 30-541-3105 Financial Advisor/Section H 30-541-3108 City Attorney/Section N 30-541-3108 Other Legal/Section II 30-541-3109 Engineering Services/Section N 30-541-6300 Section B Improvements 30-384-1002 Gulf Breeze Loan 30-361-1001 Interest on Bond Proceede TOTALS EFPECI'1 VE DATE :O1-11-69 ERFENDITURES NEVENU F.S DEBIT CREDST DEBIT CR N.DIT 24,562 25,000 17,160 521,314 3,192,764 3,530,820 250.000 ____________________________________ 3,780,820 0 0 3.780,820 ER PLANATION:TO provide budget for Section N Assessment Project. PREPARED BY: Harry 6. Royal. Finance Director INITIATED BY: Richard C. Fellows, City f?anager COMMISSION ACTION REQUIRED: Yes x Fii,. CITY OF' AS'LANTI(: BEACH BUD CiET AD3USTMRNT DATE YREPA RED: OI-06-89 h x r: E ~ ,., ' . 1~urrloH eo. e9--z A BB90[l1PIOli TRAtR~2ING ~rN MQiffi H:1fd~H7 IRi76 WFSEREAS, the City Charter of the City of Atlantic Beach requires that the City Cam~ission approve all budgetary increases and transfers fran ore ford to another, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustment frrm time to time, NOW, Tf~DRE, BE IT RE90LV!•D by the City Conmission of the City of Atlantic Beach, that the attached Budget Adjustrent No. 89-01 be apQroved for the 1988-89 budget. Adopted by the City Crnmission January 11, 1989. • • • r • • : • • • • t + William I. Gtrlliford, Jr. Mayor, Presiding Officer Approved as to form aId correctness: CL;ude L. Mullis, City Attorney Maureen King, City Clerk ~~. CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NUMBER: BB-30 _____________ __ EFPECTIVE DATE: 09-30-88 -____---_ FUND: Miscellaneous Grants-12 EXPENDITURE REVENUE ACCOUNT NO. ACCOUNT T ITLE DEBIT CREDIT DEBIT CREDIT 12-515-3100 Profeecionel Services 8. 15C 12-382-1002 Traoefer fro z. Gen.Fund 8,150 TOTALS 8,150 8,150 0 0 P.X PLANATION: To provide additional funds for ezcese ezpenditures in the Co~preheneive Planning budget due to unantic ipeted ezpenditures. PREPARED BY: Berry 8. Royal, Finance Direccor INITSATED BY: Rie6erd C. Pellora, City Neoeger COMMISSION ACTION REQUIRED: Yes DATE PREPARED: 01-03-89 k,- r: CITY OF ATLANTIC BHACX BUDGHT ADJUSTMENT NU NBHR: BS-10 EFFECTIVE DATE: 09-30-88 FUND: Capitsl Projects-30 HEYHNDITU RE REVENUE __________________ ________________ ACCOUNT NO. ACCOUNT TITLE DEBIT CREDIT DEBIT CREDIT 30-541-6301 Sideralka 7,875 30-541-5301 Sect.H-Street Steblizati 46,650 30-271-00 Prior Year Fund Balance 54,525 TOTALS ________ __________ ________ ________ 54,525 0 0 54,525 EE PLANATION: To pror ide additional budget for •ideralk project and Section H etreat •tabli: •tion project previously authorized by City Commission. PREPARHD BY: Harry E. Royal. Finance Director INITIATHD B7: Richard C. Pellore, City Manager COMMI6SIOM ACTION ReQUIRED: Yea DATE PRHPAAED: 01-03-89 ________ _______-- i~ _ ~: CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NUMBER: 88-10 FUND: General Fund ________________________ EFFECTIVE DATE: 09-30-86 EYPENDITURE _________________ ACCOUNT NO. ACCOUNT TITLB DEBIT CREDIT O1-512-2200 Penaione 265 O1-512-2300 N 6 A Ineu ranee 235 O1-512-4000 Travsl 450 O1-512-4600 Repairs end Heintenence 1,500 O1-513-1400 Ove rt im• 430 O1-513-1500 Special Pay 1,725 O1-522-4600 Repairs snd Naintenence 3,650 O1-561-9904 Tranafere to Niec.Grante 6,150 01-521-2400 Workers Coapenaet ion 3,650 O1-541-5200 Operating Supplies 5,735 01-541-5300 Rosd Materiels and Supplies 7,020 TOTALS REVENUE DEBIT CREDIT 16.405 16,405 0 0 EZ PLANATION: To provide additional funds for ezcees ezpenditures in the City Manager's ,Pins~ce, Pire, and Comprehensive Planning budget due to unanticipated ezpenditures. PREPARBD BT: Barry B. Royal, Finance Director INITIATED BT: Richard C. Pellore, City Henager COMMISSION ACTION REQUIRED: Yec DATE PREPARED: 01-03-89 Y £T -.; . CITY OE ATLANTIC BEACH BUDGET ADJUSTMENT NU NBHR: FD ND: 88-10 General Puad EFFECTIVE DATE: 09-30-88 E%PE NDITU RE _____________ ACCOUNT NO. _ ACCOUNT TITLE __________ _ ____ DEBIT _______ _ CREDIT _______ _______--__ 01-510-1200(1) ____________ Salaries 2.575 O1-510-2100 FICA 200 01-510-3100 Profeaeional Services 3,370 O1-510-3400 Contractual Services 3,150 01-510-4500 Insurance 3,925 Oi-510-4700 Printing and Publishing 4,620 01-510-4900 Other Curzent Obligations 12.810 01-515-3100 Profeaeional Services 1,075 O1-515-4600 Repairs and Meintenanee 315 O1-S IS-4700 Printing and Publishing 850 O1-515-5100 Off its Supplies 400 O1-524-4700 Printing and Publishing 600 O1-516-3400 Contractual Services 1,790 O1-510-6100(2) Land 39,355 01-271-00 Prioz Yeer Fund Balance TOTALS REVENUE _________________ DEBIS CREDIT ________ _________ 39.355 57,195 17,840 0 39,355 EE PLANATION:(1)To provide additional funds necessary for receptionist posit ia¢ i¢ the City Nnnaget's Office, EAP Resource contract, insurance expenditures above a~aunts originally budgeted caused by eignif icant preniun increases, end add it tonal ezpenditu res related to Section H project.(2)To establish budge for the purchase of beech right of away access. PREPARED 8Y: Harry 8. Royal, Pinence Director INITIATED 8Y: tichard C. Fellows, City Manager COMMISSION ACTIOR REQOIRED: Yes DATR PREPARED: 01-03-89 a- w 6 E$r~ y¢v~ lB~OPiQ1 !A. 89-1 A R6SIDPIQI 178ft~IMC CH@CIM MOtIIHS (~ PQi15 Wf&]d~AS, the City Charter of the City of Atlantic Beach requires that the City Cotm~ission approve all budgetary increases and transfers from ore fvtid to another, a+d WFlHd~AS, the nature of hedgetary systems and tlnae day to day decisions affecting such budgetary systems rarn,;re adjustment iron time to time. lW, TEB, BE IT RESOLVED by the City Canmission of the City of Atlantic Beach, that the attached Budget Adjustment No. 88-10 be approved for the 1987-88 budget. Adopted by the City Crnwission January 11, 1989. f i • i Y f f 1 t 1 4 4 f William I. (Ulliford, Jr. Mayor: Presidircg Officer Approved as m fom~ aId correctness: Claude L. Mullis, City Attorney Maureen Ring, City Clerk NOW, THF.RF.FORE, RF. IT RESOLVED, by Che City Commission that should the Florida Supreme Court's Commission on Discovery Depositions Fail to remedy the problems with the criminal discovery deposition rule, the City Commission will urge outright repeal of Rule 3.220(d) of the Florida Rules of Criminal Procedure by the 1989 Florida Legislature. Paeeed by the City Coo•isalon on January 11 , 3989 Willias I. Gull Sford Mayor-COSmieaioner Approved as to fors and correctness: Claude L. Mullls, City Attorney At[est: Maureen King, Ci[y Clerk :s... Fr. R F. S O L U T I O N 89-3 i1NEREAS, Rule 3.220(d), Florida Rules of Criminal Procedure authorizes the defendant in a criminal prosecution [o take the deposition of any person who has information relevant to the offense charged, and, WNF.RFaS, the use of discovery depositions Se costly [o '. the city and state in terms of overtime paid for off duty offs- cers to attend depositions and in loss of police time on the streets for on duty officers, and, wF1EREAS, the 1988 Florida Legislature passed a _ Resolution recognizing the need to institute reform with respect to the use of discovery depositions in criminal proceedings, and, WHEREAS, the Florida Legislature requested that the Florida Supreme Court appoint a commission on criminal discovery with a balanced representation of law enforcement, prosecution, public and private criminal defense counsel, vic[ima rights organizations, the judiciary, the Florida Bar, and the Legisla- ture for the purpose of considering the various issues related to the vas of discovery depositions in criminal proceedings, and, WFQ';REAS, the Comsiss ion appointed by the Florida i Supreme Court does not consist of the balanced representation of interests as requested by the Legislature, ~ r called to perform fire fighting duties and shall be considered firemen thereof and shall have the same powers, duties, rights, privileges, and immunity as i£ they were pesfocming their duties in the jurisdiction in which they are normally employed. SBCTIOr7 VI: Any party to this agreement may vithdraw from the agreement at any time upon written notification to the other parties to this agreeeent. SSCTIOt1 VII: This agreement shall be in Eull force and effect and legally binding upon such time as signed and certified by the authorized officer for each municipality. The City of Jacksonville Beach will retain the original signed agreement and will be responsible for circulating such agreement among the municipalities for the purposes of signature and record. Mayor, City o Jacksonv a Beach Mayor, City o At antic Beach Mayor, C ty o Neptune Beach .Dtca-bw 18, / 188 Date Date /~ - 7- Fr' - 5'Ff Date PIRB FIGHTING BUTOAL AID VOLONTARY AGRRRRBRT WHBRBAS, it is the intent of this agreement to provide for reasonable protection from the effects of serious fires and to insure that preparation for fire fighting will be adequate to control such fires, rescue citizens from entrapment by fire, smoke and toxic gasses, and to provide for the reasonable safety of fire fighters engaged in the control of such emergencies; and, WHSRBAS, the Cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach operate fire departments and have the authority under Section 163.01, Florida Statutes, the 'Florida Interlocal Cooperation Act of 1969', which permits local jurisdictions to exercise jointly with any other local jurisdiction such powers that they share in common and which each might exercise separately; and WBBRBAS, there is p[esent in each of the jurisdictions, the existing and continuing possibility of the occurrence of serious fires and fire related emergencies that will quickly exceed the capabilities of any of the fire departments acting alone and may cause disasterous loss of human life and destruction of valuable property; ROW, THBRBPORB, THB PARTIBS AGRBB AS POLLONS: SBCTION I: Each party to this agreement does hereby authorize and direct its fire chief to create a system with the fire chiefs of each other municipality that is a party to this agreement for the mutual response of the fire departments to assist one another when requested at major faces and fire related emergencies in any jurisdiction which is a party to this agreement. SECTION II: Each municipality does hereby authorize and direct each fire chief, or the officer commanding in his absence, to rendez and request mutual fire fighting aid to and f[om the other listed municipalities to the extent of available personnel and equipment not zequiced for adequate protection of a municipality in rendering aid. The judgment of the fire chief, or officer commanding in his absence, of each municipality rendering aid, as to the amount of personnel and equipment available, shall be final. SSCTIOR III: Any party who furnishes any aid pursuant to this agreement shall be liable for any loss or damages lncucred to its equipment and shall pay any related expenses. Further, the responding agency or agencies will bear liability arising from acts undertaken by their representatives pursuant to this agreement. SBCTIOR IV: A party furnishing requested aid pursuant to this agreement shall be responsible for compensation of its employees during the time of the tendering of such aid and shall defray the actual amounts paid or due for compensation due to personal injury or death while such employees ace engaged in rendering such aid. SECTION V: The resources, personnel, equipment, or facilities which are assigned to fight fires or other emergency 9uties outside of the territorial limits of the municipality which is responsible for the same shall be under [he direction and authority of the chief or his designee of that municipality. Such person, be the chief oz his designee, shall in turn be under the direction and authority of the local commanding fire fighter of the municipality to which they ace i fs - ~ - w _ y~l _- _ I ~ ~ fa eG n a ~. \~t Q 4) .f I 1 ~. ;;V~; oP ~ ~+ _ 4. SI pF.ET Q /x" E1Ga•T/ ,a •O , t \a ~ L+ w ni tr F .i\ ~ ii m Q ~" a \ A A w e ° °l ' J ` lG n /H RY- TE R. " ~ of x 1° 5 o ua. o.~) ~, eE I .a i I N I Q y I ±~ j ) } ` ~i. O• / u i 'y ro~~ ~DCC. `2. a}~.. y a, ! M ~ 1 P n IQ I P.~ ;75~ , ~. Y L \Iff l I 4f >O4 ~~ I 4 \ a +4 ~ a• l+> 2529~9~17 ~ - ~ r y ,,, 1 )4' 556 A ' >w a. b\ ^ ~ - ~ v. - \ JE H ~ •~ ~ / f a \ \ ,4/l / k A \\\..YYY/// \ ~ '1.e7 aw yy ff ~~ >\'J \` e [c I. J~ .. u.fu _4 ~i~e: / ~ .., ee. w: ems- ~' \ e`e \~ ~\ `4' .. n ~ ~~ Gy ~ ~ ~~ 2 ~/ ~~. ~\/ .~` )~\ J, `,Gr^ III .f F~ I \ j al, J J w ATL ANTif ,~` .y~~.a r„~~' 6i_nCU [LEIAF NI-. i, t .la NO. u5 J ~ 9{+I. ~ ~ i, .l. ~~` N~. ~ • •f II ..\ / P 111 ; / °J ~~f. I V tG Y e ' YM -~.Y4 / IDA .• 1111 i 4N • a ~ 1 / f I ..a \ • .. )~ ~ ~ Gb ~ 1. ' .4 •f' /] a. _ C[4[xo sV aolvlNOn Y. _ env a~ _ ~A~ws _ ___-__ MARKET DATA/DIRECT SALES COMPARISON APPROACH Comparable Properties: SALE NO. ADDRESS 1. L 259, Saltair, Sec. 2 (Semimle Rd.) 2. L 33, Selva Linkside (Linkside Ct. W.) 3. L 17, Selva Linkside (Linkside Ct. E.) 4. L 503, Saltair, Sec. 3 (Magrolia St.) DATE SALES PRICE 5/87 $30,000 11/88 $32,500 9/88 $35,000 1/88 $37,000 COMMENTS ON ABOVE SALES: 1) Vacant lot, 50 x 100, adjacent to park 2) Vacant lot, 60 x 93+-, superior 3) Vacant lot, 55 x 95+-, superior site 4) Vacant lot. 50 x 100. superior site Above sales adjusted for date of sale, location, topographical features, access, size and extra features, etc. SUMMARY: 1. Value of Land: Tot 316: $30,000; Lot 305: 534,000 $ 64,000 2, Value Contribution of: Landscaping, well, septic tank, power pole, etc. $ 0 Rounded to ESTIMATED VALUE VIA MARKET APPROACH ~. $ 64,000 INCOME APPROACH TO VALUE: (Not considered applicable) an n area genera y a not rented or leased. SUMMARY AND CORRELATION: Market Approach Le given the greatest weight. Income Approach not considered applicable. $70,000 -Tnt 316 CORRELATED ESTIMATE OF VALUE $ 34,000 - Lot 305 I (we) certify [hat to the beat of my (our) knowledge a d lief, the facts and data used herein ar true and co act, an i (we) personally inspected the property and a~ I (c e) 4 ~no un s s' interest present or prospective the in: DATE: ~enber 8, 1988 ~' gnature gnature Thrnas A. Steeg, SRA Stewart B. Steeg, SRA, SRPA DEFINITION OF MARKET VALUE: * "Market value contemplated the consummation of the sale and the passing of full title from seller to buyer by deed, under conditions whereby: /dd (1) buyer and seller are free of undue stimulus and are motivated by no more than the reactions of typical owners; (2) both parties are well-informed and well-advised and acc prudently, each for what he considers his ovn beat interesc; (3) A reasonable time is allowed to teat the market; and (4) payment is made in cash or in accordance with financing terms available in the comsunity for the property type in its locate." * Society of Real Estate Appraisers Slewurl 13. S(eey & ~SSOCiules. Inc. pgxaisers - Rcanors 4157 Wtllic Slrcet, JackswrvilW, flurida 3221U PIARKET VALUE APPRAISAL REPORT Invoice P14676.DEC Appraisal For: City of Atlantic Beads Attn: Ridiard Fellows - Willian S. Hixon~~3 /Owner: City of Atlantic Beads (Lot 305) 3II5 Location: Pine St. (sot 316); Magnolia St. (Lot (Off) Seaspray Ave. Duval County, Atlantic Beads Florida _ Legal Description: Lots 316 and 305 Saltair, Section Three, PB 10, Page 16, Current Public Records, Gwal County. F1. Census Tract 140 Real Estate p 170449 (L 305) Map Ref, 559-2 Zip Code 32233 Neighborhood Data: Present Land Use: 65 % 1 Family, 10 % 2-4 Family ' 5 % Apartments, 5 % Condominiums, 10 % Coamercial /. Industrial, 5 % Vacant, Area: Saltair Urban Suburban X Rural Value Range of Vacant Land: $ 12,000 to $ 70,000 _ Value Range of Homes: $ 40,000 [o $ 700,000 Street-paved/aaxlSOdc; Yes Sidewalk: No Street Lights: Yes Each: Land Size: SO x 100 x 50 x 100 r. ~ x Rectangular Yes Irregular Size of Land Typical 'Coning: Residential Water: City Sewerage: City Land Description: Both lots are below street grade with several low areas and scattered trees. Ilighest and Best Use: Single faldly residential '' HUD Special Flood Hazard Area: Yes - 120075A, Page 2, Zoned A Other Improvements: None noted Additional Cocleaents: The two lots being appraised aze located in a desirable azea of Atlant-=c Beads A j city park is located ad iacent to the subiect lots. Lot 316 appear s1iYh„~ly 1 *+er Lh Lot 305. The locatiorof Iat 316 is considered inferior to Lot 305 dew to being located at the entrance to the park. The value estimate is~re~cated tenon d ld'ng units bei 1 pe r+Y. obtainable for each lot to build a SFil on each lot. i 5 r• s .~- ~- closed in, the newly created paved area could be used for parking. d. Artxsatim e. S;~~t° and/or bike paths Mayor (~lliford enwuraged the City to continue looking for additional lard for recreational purposes. Parks and Pecreation Director Blanchard indicated she had received many letters requesting sidewalks and bike paths, The Mayor requested a map he prepared shoring the location of all existing sidewalks which could be used as a tool for planning future sidewalks and bike paths. 30. Othrr Greinen+a . The Mayor reminded the CYmnission the ruc~ntly approved Consent Agenda would be in effect for the next Camussion meeting. It wes emphasized that arty item may be ranwed from the Consent Agenda at the m~uest of a Crnmissiorer acd be acted upon separately. Mayor Qnlliford asked flat the proposed new City Hall be an agenda itas at the next Ca®ission meeting. There being m further discussion, the meeting was adjourned at 9:20 Hd. c. Shfe Neighbaetnads A map dividing the City into eleven zones was on display and the Mayor recvmerded at least one person from each zone be solicited to serve on a Safe Neighborhood (bmmittee. the list of runes will be circulated to the Cgnnissioners, who have been asked to offer suggestions and assistarae to the committee members. the Mayor urged the City to move ahead on this as quickly as possible. d. Otbnr Oorsitteee No suggestions were made. 9. PUture areas of appoa tttnity a. Density ltne City Manager reported the ConQrehensive Plan, which addresses this subject, must be o>npleted by 1990. Crnmissioner Cook inquired into the possibility of re-platting and zequiring 75-foot front footage Infs. The City Attorney reported, however, that it is illegal to deprive prvperty- owners of the use of their land but that regulations can be established covering the use of 50-foot lots. The Mayor requested the City Manager to see if the City planrers aze working on this, or if there is any vehicle thronnc)h which this can be axonQlished. b. I~v'anue Sonaoes The City Manager reminded the Camussion approval had already been given to advertise for engineering services for a storm water utility. The Professional Services Crnmi.ttee is one amber short and the City Manager asked if a third mgober could be appointed to replace Peter Johnson. Gregg ttCaulie would cwntinue serving on this oo,m~ittee in a temporary capacity until a pe.,oa.,e„t replacement can be found. Brief discussion ensued relative to merging water and sewaz funds or raising water rates with a base rate and a wlnme charge as is currently the procedure for billing sewer. The Mayor remmiended the Finance Director look at the rate stnncture arnd present remm~erdations. Other ideas presented included colored bags for garbage collection which could only be purchased at City Ball, and charging for the use of city parks. c. Parking Lengthy discussion took place relative to the parking problem with few solutions forthcoming. A suggestion was made that the subject of parking needs to 6e addressed by the three beach cities since the problem is oanamity~vide. Other suggestions included pazkirg meters and negotiations with the Sea 1lnrtle relative to utilizing their second p-nrking lot. Parking decals could be issued to Atlantic Beach residents allowing then to pazk free, rfiile visitors world pay meter chazges. It was suggested that if the drainage ditch on Soninole Bond is eventually discussion ensued following which it was suggested Mr. Millis sake copies of the proposed Ordinance available to the Conmissiorers for further study. S. Dixuaeirn regarding status of appoindrirts to the 9ospital Buarti reptesarting the City of wru..r;,- Beadr. At the Mayor's re~rest, this item was deferred to a future meeting. 6. Msamsim re9ardr+rl the duties of the Coanity OeveL;aent Board in sntaittinq an amnal list of reoosEaded vital iaptw~nts. the City Manager pointed out when the Planning and Zoning Board and the Board of Adjustmnt were verged to form the Cosmunity Development Board, the Wmdssion gave then authority to make reoamiendations relative to capital ispzwen°nts. Following brief discussion, the City Manager was asked to instruct the Crnmmity Development Hurd to follow throuc)h on this. 7. Dlea>ssim of saj~ i4aouesnts m be urrdettak~ in Section a aril affect the espaditure for ttra imprwe~rts my have on other City projects. The City Mareger reported the City has pledged all of the gasoline tax aril utility tax revenues to pay for the ireprovements in Section B. The first interest payment would probably 6e due in June. 'this payment of approximately ;150,000 mould tie paid out of [coney which is budgeted for general ford capital i~rovements. In Deceuber 1989 the City would start nukirg annual paynentr of ;335,000, aril property owners have eighteen years to pay assessments. The City Manager said he wished to make the CaomL9sion aware at this time of the affect this could have on the City's ability to ford other capital irtproverents such as street repaving, sidewalks, etc. Bessent, Hammack and ltuckman is preparing a breakdown of the engineering fees aril the City Attorney reported he is working with the Property Appraiser to have the assessments twilled throtxlh his office in an effort bo nalce collection of the assessnents easier. 8. Ctaittee Mivity and P1apOSes a. Solid Neste Mayor Ciulliford reported on the activities of the Solid waste Committee aril specifically mes~tionad the success of the recycling trailer at Iatssell Park. However, he said M felt the disposal of solid waste is going to be a continuing problem and he hoped in six months or so the Solid Waste Committee would have sore alternatives to bring before the Camiasion. b. Mayor C#rlliford reported he wants to establish a beautification committee to address such subjects as litter, the City's Sign Ordirwwe aril other beautification projects which would enhance the general appeararwa? of the City. He said he already has sore people in mird for this oasnittee and would Wntinue to work on this. -3- . , had in City Hall with residents living adjacent to the werwalks in dispute. Mr. Newnan, of Newman ~nstrvction W~pany, whose o><pany is doing the construction, was in the audience and presented each Comnissiorer with a masher of change orders and the related costs and the options available. Lengthy discussion followed with ~sissioners FHwer'ds a,d Tucker expressing support for fine overwalks as constructed, particularly the sturdiness of the structures. Both Qmnisaioners said they had received positive camients fran the public on both the sturdy construction a=d appearance. Zt was suggested that since the overwalks at Oewees and Eighteenth were almost complete, they should he left as is, but since there are additional wenrelks planned, the Cbm~ission might consider a different design for 20th Street. Public Services Director Ford who was in the audience, Said he had spoken with a DNR representative who had indicated the overwalks must be a m+~+m~^ of twelve inches above the high point of the dunes, and fr® this perspective, he did rot see where any adjustrent could be made as faz as height is concerned. Mr. Bill Greenwood of Orden Lore, who was in the audience, spoke strongly in favor of the present construction of the overwalks. He stated he studied engineering at Nortlnxst University, graduated fran Southern Thch with a degree in Civil Techrology a,d Public Management fran the University of Georgia. He oortQlimented the City Ca:miasion on the construction of the overwalks and asked that they rot procrastiiate further with the constmction of the 20th Street " werwalk. Mayor GUllifozd asked the O.nmission to give sons serious thought to 16th Street werwalk. 3. i)iscuesion regarding the feasibility study on omsolidation of City and Brc+~ igtPr and Sewer Districts. The City Maiuger reported 9nith and Gillespie FMJineers estimate f7 million to consolidate the tw systems. The City has just spent in the neighborhood of f4 million on the present facilities which were now approaching capacity aId a decision must be node soon as to what direction the Oomsission wishas to take. Mayor prlliford expressed grave concerns as to problems which could azise ten to fifteen years in the future when ro lard is available for gra+th. After further d16C1r5alOf1 it was the general consensus of the O.a~mission that it would be pedant to keep the two systems sepazate and proceed with the plans to construct the fourth tank in the ~+^ra^mr District. 4. Msamsim raprding the develolaait of a new zmircl class; i;~r;m m be ;celled ~ Qality nwnLa+nt (cal City Attorney Mullis reported in light of t'ne recent re-subdividing areas, he had drawn up a rough draft of a proposed Ordinance establishing a new zoning classification which would be similar to the Planned Unit Development classification and would reduce density anti present less of a burden on the infrastructure provided by the City. The Commission would establish standards for this new classification. Conmissionaz Jensen asked whether the PUD classification could rot be amended to incorporate the changes suggested for the new zoning classification. Further -~- E ~.; .. , imuas OF TBS rowr~ lHsTiNG of '1ffi ATfANEiC B&1(]l C1TY m4!ussIO14 H81D AT CITY iO1iL ON JANDAIO! 3, 1989, AT 7:00 P)L Mayor GUlliford called the meeting to order arcs anr~arrced the purpose of the meeting was to informally discuss subjects which would have both short and ]org range impact on the City, and make reoomerdatioaz for itess to be addressed at future Crnnussion meetings. Me invited oQments and input from the audience. Present were Mayor Gulliford, Conmissiorers Cook, Edwards, Jensen arcs 1UCker. Also present were City Manager Fellows, City Attorney Mullis, and City Clerk Ring. 1. Disoaaion of preli~icrazy engireer's s~ on drairuge canal isQeosarrnG for the City of Atlantic Beads. The City Manager presented a re-cap of construction projects pending and order way, arcs addressed specifically the drainage canal improven=nts and rePorti'd he had met with representatives of the City of Jacksonville in regards to working out an arrangenent whereby Jacksonville would azsist with the closirs3 in of the Semirwle load drainage canal from 16th to 18th Street at an estimated cost of 5237,000. in return for which Fianna Park would hook to the City sewer system. 'lire amount of the Hama Pazk 5~..' fees world be similaz to the cost to close in the drainage canal. Discussigr ensued relative to the pros arcs mns of culverts az opposed to drainage ditches arcs the consensus was the City reeds to pursue a mnprehensive drainage plan. 1}c City Manager reminded the C®nission authority had already been given to advertise order the Consultants Competitive Hecptiation Act for engineering services relative to establishing a storm water utility. Mayor Gulliford reported in his meeting with honeowners in the Selva Tierra area it was suggested the homeowners share in the oust of closing in that ditch in a ratio of 608 for the hmee+aners' share and 408 to be firerrced by the City. In the mrantime it is hoped better maintenance of the ditches will alleviate score of the problems. After further discussion it was generally felt the City Manager should mntirme his negotiations with the City of Jacksonville relative to closing in the Semirnole load ditch and hooking the Fianna park caopgroimd t0 t1E Clty utility SySt9ar dfrd ODllsider 1nStdlling 6ldewalk5~bike paths in that area. The subject of the Frenrln drains on the beach was also discussed and the City IMnager reported a proposal had been received fr+~ CEe and Jenson, who indicated this would be a massive project azd that grant funds would rot be available until 1990 when the City of Jacksonville enters into a new contract with the Corps of lhgineers for beach renourirtmPnt. 2. Discvasim re: Doc overrclks aM snggrstiQC for dwnnga or ~d- ifitaNT. The City Manager presented the Commission with minutes of a meeting he and Don ibrd, and Buck Srellings of Cnnrelly and Wicker F7gineers, had ~- Hazzy Ibyal, City Finance Director, who was in the audience, stated the Utility Tax which is pledged for this issue is currently budgeted for general ford ~ s, and should this Utility Tax be used to pay off the bonds, the shortage will have to be made up fran General Funds. ~e S••°°a:•~• r~ called std the eotion carried u~tsly. B.._.I1pJ3oLttirn No. 88-29. Mayor Gulliford presented in full, in writing, Resolution Mo. 88-29, authorizing the borrowitg of f1.4 million for water a'd sewer irtQrovemnts in Section H. [4:iaci,~.nr gy9ids ®Yed for ,.~T of AIe9oLltl[[al ib. BB-29. ~e ~tim was eecv~ded by naissi,mer Jvu~. Wo discussion before the wte. '!fie ~ticn raxzied unaniasly. 11MY Ol1Ht l815~: The Mayor announced a workshop meeting has been tentatively scheduled for January 3, 1989 to discuss the ccabination of the two sewage treatment facilities aId any other projects the (bmnission wishes to discuss in an attexpt to develop priorities. William I. (~llifoni Mayor, Presiding Officer ltauree7~ King, City Clerk l~II~S LP 7~ SpH~T.L M~1'ING OF '!t$ AYfA4ifIC BElILL CI1Y ~f0tl EE7D AT CITY &~IL Q1 DBCEflOt 20, 1988, AT 6:30 Ft4 'lt~e meeting vas called to order by Mayor Gulli ford. Present were Mayor William I. (Ulliford, Jr., and Cannissioners Glenn A. Pdwards, Alan C. Jensen, aId Adelaide R. 1UCker. Also present were City Attorney Claude Mullis, City Manager Richard Fellows, and City Clerk l4aureen King. Cavaissiorer Ibbert B. Ccok, Sr., was absent. AClIOIf OM RBS~DtiQS: A. Meaolution 1b. 88-28 Mayor Gulliford presented in full, in writing, Resolution No. 88-28 authorizing ~ the borrowing of 52,160,000 for paving and drainage inQrov®ents in Section H. Jensen aged for ~~_ of 1lesolution Mo. 88-28. ~fe mvtlm vas secadad by Oomisairrer FBiards. Oaring discussion, Comnissiorer Edwards asked why the two loans imrolved were rot grotq~ed together into ore transaction. Mr. Dan Livernore of the law firm of Livenmre, Klein and Lott, explained that local option gas tax can only be used to pay for inQroverents to roads and drainage and had been pledged to repay this loan. the i~rwements to the water and sewvs syst® provided for in Resolution No. 88-29 can be funded through utility taxes aId other allowable revenues. In view of this it was felt that two separate loans mould be simpler to administer and provide for better accas~tability of use of fuels. Ca®isaiorer Edwards further asked how much of the actual loan amount the City mould receive after legal expenses, etc., have been paid. Mr. Bill Weathers of Southeastern Municipal Bonds, Ire., had presented each c®isaianer with a breakdown of sources and uses of funds prepazed by the Go~errnertt Credit Corporation, for the (Ulf Breeze Iran Program. He outlL~ed ;2,872,766 for construction, 5521,314 for ercgineering, based on the engineer's estimate, and contingencies of 569,997.50. Other costs include legal, fi~~cial fees, and Gulf Breeze' fee. Mr. Weathers stated he had enjoyed working with the City of Atlantic Beach and had based his fee on ore bad issue only, representing a saving of sore ;10,000 to the City. C^~^+==iorer Jensen asked what funds would be used to finance the ;140,000 shortfall. City Attnrrey Tullis indicated a substantial portion of this has already been paid in engineering fees etc. It was also pointed out once the bold funds have bees received they can be invested until they are needed for the project. the City Manager asked iF the City could pay the loan off early without penalty iF it became necessary to scrap the project. 4his is addressed in the loan agrement and no penalty is indicated. It was also pointed out vhai the landowners pay assessments. this morey can be invested and should repres~t substantial earnings. PPGE EI(7D' MINVLES DDCIT~ER 12, 1988 NAME OF COMMBS. M S V Y V ~ 11e City Attorney announced Ms. Stewart Steeq has teen requested to prepare appraisals of the two lots adjacent to Howell Park which were the subject of discussion at a previous meeting, with a view to a potential exchange of properties. the City Manager annoisxed the prdit~anc-e which Camiissioner Nek requested relative to closing off the north end of Selva Mari Drive will be pzepared afd ready for introduction at the meeting of January 11, 1989. Mayor (Llliford am~asred there ie srne potential state funding available and he would like to see the formation of a Safe Neighbor hood Task Fbroe which would benefit the citizens of Atlantic Beach. Tt~e City Manager was requested to divide the City into zones and atta~pt to establish a task force with representation fran each zore. The Mayor also said in the near future he would like to appoint a Beautification Committee oo~osed of citizens, the three major areas to be targeted for study being the Sign Ordinance, the litter problem, and other beautification projects. There being ro further business to cane before the Conmission, the Mayor declared the meeting adjourned. W111ran I. Qilliford, Jr. Mayor/Presiding Officer ATIEST: lHUreen King, City Clerk PAGE SEVFN MIM7PFS DBCF.MBEIl 12, 1988 D. Or~dironnoe Ib. BO-88-37 - Ontimed Wblic Hearing. AN QOLYftIE A~Pll1<: 7~ PHI OP ATI)1NlIC OlILPFliS OP JAL1C9C1A7IIlE, I!L'. 1D SE[L ~ZTN OP TBB !i.'SEgS CP T~ OM BAABOR ip'R7t AtD S8i®t SYS181 10 TH6 CiT1f I41t 111E P[I4PO6E OF TBB OM &w~CR iYldBt AID. SB~P1t SYSIYI4 Ofnt~ AID OPEZYZ'1>?D BY A1IANFIC ITPII.ITffi 01+ .A1~VIIIE, II4C., DZSCRIBiD IN SAID OFPffiI P172 '1~ Pi1l~lSE PRIG S8T ~ III 'ifE AT11fa® AGitl~l OF Ali}-16E A!D SAiE; S'DIHTS8D4G T~ OM HAI4BOR 1-\Sffit AID S13Ht DI31RICr OF 7>le Ci1Y Ni11lIIi Iffi® 'HZB CF1Y ItIII, PIDViQ: fsi1F/2 A!D SS~01 SFIMQS 116i7UiI T~ SY81131 Pl~~; AIH1DItIZING Tt~ LSSIAKS OF OMK IY1Ia3Qt fAffit A!D SBH2 DL4fRIC! RevaRe BORD6 FOR PAIQ@If Q' TH6 PIS PRIG DP TBE AS6615: A0187tIZDG PAYMHIF ~ Z1E BOtily PRLIt 71E RBT REVHiPS AtD AVAIIAlIIB DEALT FF]S OP 1IL' DFII1Tr SY319I SHiVItl{; OILLC HARBCR iillElt AID SS®t DL'>flH(T; Afl~7t1ZII4G AID DI1tH'lIK; (EHPIIN OFFI(]3LS OP 11$ (TPY 10 E~18 7ffi A(i~@iP CF PII~-S6 AID SAiE; AND Olffit DOL4HPIS. ARD TAIL (TJGPIII4 ALTI(fi IIi 13TE7ZDR19: Lf[SIIG A ClIPPH1I. FACQ.ITi"~ A(~JLSFPION (711i$ fEIIt Q7Q@iP (3[410®6 fF '~ AOQHII~ F71CII.ITffi; ARD PIDVIDRG AN i'PPH.TIV6 O1C[E. Mayor 4Ulliford presented in full, in writing Ordi~nnce No. 80-88-37. Said Ordinnarce had been posted in aocordannce with C7nazter requirements. The Mayor announced the public heazing had been held at the meeting of November 14, 1988, with action to be takesn at the meeting of Decnaber 12, 1988. 'fie Mayor invited further cements fmn the audience. As .ro one wished to speak for or against the Ordinance, the Mayor declazed the public heazing closed. Apptoue passage of (kdinannoe No. 80-88-37 on fi~l rasdin9 No discussion before the wte. The motion carried unarnimously. 12. r;vaata..s.~ Boaia'Ba The Mayor preseted in full, in writing Pesolutions 88-28 and 88-19, authorizing the ero,..'t nn of docunr_xnts to ~~~ f2,300,000 and f1,400,000 respectively, frtat the (lnlf Breeze, Florida, Iacal fflvernrent loan Fbol Program to finance certain capital iaprownents in Section H. Tht• City Attorney explained time was an important factor since the interest rates were variable rates and must be fixed in by Janary 4, 1989, or it would necessitate starting anew. Sims the materials were quite wlnmimus and the Crnmission had nat had an opportunity to examine tine documents, it was decided to hold a Special Called Meeting on Tuesday, Oecan6er 20, 1988, at 6:30 SM for the purpose of taking action on Resolutions 88-28 and 88-29. Mayor lLlliford declared the last half of the day, Friday, December 23, 1988, a holiday for the esQloyees of the City of Atlantic Beach. NAME OF COMMRS. M S V Y CUOk x z Hdnards x x Jeoeax x 1lndrer x (iriliford x PPGE SIX MINVPFS DECFI~93ER 12, 1988 lotion: Passage of Ord111alloe ND. 90-88-137 m first xeadirq No discussion before the wte. Motion carried unanimously. Mayor GUlliford set the public lwaring for January 11, 1989 H. Ocdi~:oa No. 60-88-5 -First Psadim ]1M QOIIgB~ A!@DLG 116 OIDIIAIIE ~ QP T16 CITY OP A71AlfIIC ®IQl, PIL>fm8; 1MH~7RR' ~!>6 17, TICICIE 1, SBCI'IQY 17-1, S7BP11I8LLi61PH (6) 10 PlOVIDE t[R ~P--Pf~SE M4Ai. +C'RT1E SI(3S I70I2II~G ]W OPHi ~: AlBDII1G SG>lPl1WIfA1Pe 11 10 llZd.+ Pi~[Sef.Y DH+L6 '!1E TYPES OF DI183,T10lAi. SI(i1;i EI~PI?41 PICM OPPFATIQI QP 116 ®1P!ffit; PIWIDIPI: ]1N EPPFLTiVe OlYlB. Mayor GUlliford presented Ordinance No. 60-86-5 in full, in writing a: first reading. Moticn: Passage of [kxl;namn No. 60-88-5 on first zeadirg During discussion before the wte Cam:issioner Jensen requested the directional Selva Linkside sign at the intersection of Seminole Aoad and Eleventh Street be an agenda iten at the meeting of January 11, 1989. the motion carried with a four to one wte. Commissioner Jensen wted nay. C. (krlina,ra lio. S-BB-2(1 - AIb13C IIBlr1If4 lIN OBOIIAN(8 M@DIIG '!>$ OIDIIlRl~ ~ ~ Tee C117[ CP 1YII11lPfIC BBi1QI, 1V~DIIZ, ~IPIt 2, NG2(IE IZ, SH.TION 2-19, IfIIS 710 PBOVIIL+ POR A ~R ]I[$OA: PIUVIDING 7V! t'PP13.T111E D11TE. Mayo Ca:lliford presented in full, in writing Ordinance No. 5-88-20 on second and final reading. Said Ordinance was posted in accordance with tharter requirements. 11:e Mayoz opened the floor for a public hearing and invited mmients fmn the audience. As ro ore spoke for or against the Ord;.,wrw, the Mayor declared the j public hearing closed. It>tim: Passage of [w,;;.+a..,~ No. 5-88-20 on firel rradilg No discussion before. 1fie motion carried unanimously. V NAME OF COL~.t[iS. M S Y 07ok x &tlards x x JaexT x 11lrJoer x x Qtll ifard x . 07o1c x x Bd,erds Jensen x x lUdorr x (irllifacd x C17ok x x ffilar+ds x Jetrea: x TrJwi x x iO~r.,.,a x t x . Mayor pv.liford presented in full, in writing, Ord; ~.,,~,. ~, 90-88-137 on first reading. PAGE FIVE MINU1'FS DFX'12BFiR 12, 1988 Motion: Approve the app]ication for exoei*.irn by Jdmy Crardi m operate a mrtractor'e office in his h~ Brief discussion ensued whereupon it was requested that the subject of hrne occupations be an agenda item at the next Crnmission m~tiry. The question was called and the notion carried with a four to ore wte with Camdssioner Edwards wting nay. 10. Actin on l~.spl.wir..n• A. IaPSOhrtim Nb. 88-26 Mayor Qilliford presented in full, in writing Pesolution No. 88-26, a i3:solution authorizing the addition of the name of Maureen King, City Clerk, as co-signer on City Checks. lbtim: Approve passage of Nesolution No. 86-26 !b discussion before the wte, the motion carried unanirmusly. e. lanolatim Fb. 66-23 Mayor Qrllifozd presented in full, in writing F~solution No. 86-23, a Resolution authorizLg the City Attorney to prepare the necessazy documsts to initiate oondmnation proceedings on property in Section N where the City plans a regional Birk. ltrtim: Apprvue passage of Rasolutim lFa. 88-23 Mr. Blake, owner of Lots 1 through 6 of Black 91, spoke at length of his love and attactment m his Section N property. Fie stated to has a gone which he is auxrntly occupying and is in the process of building his drain home on his lard and questioned whether his property was essential to the development of the park. its expressed sore ~noerns about the suitability of the proposed site for a regional park, and made refererroe to the potential traffic probleire and the possible damxle tv the nearby marshlands. Fie pleaded with the Commission to consider the issue fmn his point of view and exclude his property fmm the azea render consideration. Mr. Tresca, owner of tlfe rest of the property being wnsidered order this I~solution, was also in the audience and Mayor grlliford asked if he wished to speak to the issue. Mr. Tresca declined. A~aded lbtfon: St[iks 'lots 1 throw 6 of black 91• fxoa the pcaperty description in ~+;.~. 1 of the lieeolution ssl appcoye passage of liPSOlutirn as ceded T'he question was called and after aroll-call wte the motion carried on a flues to tw wte. Camussioncrs Edwards and Jensen wted nay. NAME OF COMMFiS. M S V Y Qralc edwards z x Jarear x x 11d~ x G4lliford x Ox9c x x B3~rds x Jarsar z '11x:ker x C~rlliford x O~olc Haexds z x Jensen 'hrdoer x z (;ttirlliford x PACE FOUR MINUIFS DD~TBER 12, 1988 I NAME OF COMMRS. M S Y Y aUthDrlred t0 prepare the neCe68aIy ddVert150M_nt dId proceed With the Project and report back. 1f~e City Manager reported the death of Peter Johnson had left the Professional Services Evaluation Cartnittee with only two maobers and the Mayor indicated he Would appoint a third eoa~ber to fill the vacancy. 7. Actin by the (YtY m~sim to eke appointi2lttg tD twU ®ats an the Oor1e Htfome•att Board fur three-seer fetes di rp ~~~ a 30, 1991. Mayor GUlliford annoiaroed there were two vacancies on the Code Enforc~mnt Board, the turns of Hattie F1-can3n and Fzed Mills having expired. Mattie Freanarl had been nominated for re-appointment and Haywood Dowling had been mninated to fill the seat vacated by Eyed Mills and the Mayor asked if there were any other Hanes the Camussion wished to offer in miunation. lfiere being none, the Mayor appointed Ms. Freas3n and Mr. Dowling to the Code 1]tforcanent Board with terms of office to rtm thrax)h Septanber 30, 1991. 8. Fluther disatssim re7,.rtve m a ~~;ti;t• on a world-class wits cettcr to he fended 'ioutty by the tv of Ba^w3t and tM CrtY o£ ~ Board fx~ Oo<rvakion Develortsstt 7'bt[ fads. The City Marager reported he had contacted the cities of Nepture Beach and Jacksonville relative to participating in a feasibility study on a world lass swim center and that Nepture Beach would par ticipate in the study to the extent of 56,000 and Jacksorille i s not interested. The price of the study has bees negotiated to 515,500 and the City Manager requested directions frva the Commission as to how to proceed, Discussion ensued with questions raised as to where in Atlantic Beach or Nepture Beach such a facility would be located, the direct benefit to Atlantic Beath, and hov to handle the additional traffic this facility would generate. While it Was the general feeling such a facility would be a valuable attraction, it Was felt that Atlantic Beach and Neptune Beach mould be the least likely locations since reither city had rtuch suitable lard left to be developed. The Mayoz asked if anyone wished to sake a notion to authorize etq~enditure of 59,500 to find the feasibility study. The subject died for ]a^_k of a motion. 9. Aclian an Hrot!ptlnts- A. Public hmrira an an appt'~" rQ e>xeptim filed by JohmY Crwdt, 80 Dora Street askug fnr oetaissran m have a omtratrtor e ~ offr~ rn hrs hose. Mayor GUlliford opened for floor for a public hearing on the application for exception and invited mments frun the audience. As ro ore spdce for or against the application, tM Mayor declared the public heazing closed. PAGE 14BiEE MDV[/1FS DECEMBER 12, 1988 rxreational bad mxiey fmn the Jacksonville District three Camw~ity Council and outlined a proposal to use this money to install a modulaz Wilding at Russell Pazk. the purpose of this building could be to provide a location for the YMCA ~nmier day camp afd to expand recreational programs offered to the mmamity. 'fie building mould house the Atlantic Beach Parks and Recreation Director, eliminating the ;2,400.00 annual rental on the current Recreation office. In response to questions relative to liability, Mr. Maztin stated the YlCA cazries ;1,000,000 in liability insurance. The Comoission was generally in favor of the proposal and the City Manager was instructed to follow through on this and do whatever research was t~eceasary arcl present this to the Caanission for review, tnpefully at the meeting of January I1, 1989. Mr. Braining also presented a proposal to the Omnission relative to to use of the existing City Hall wives the new City Nall beoortes a reality. The YMCA would propose to establish amulti-use facility for senior citizen activities, a day care center, and possibly a museum. Mayor G1.lliford stated he felt the proposal was interesting Wt was somewhat prrm~ture since the new City hall would not be mipleted until approxiaately 1990, Wt that this was a proposal a future Oamdsaion would, m doubt, wish to consider. lotion: ]nerd bid m ]fey Boustm, Div. of J~~+tto ~ipya[da No discussion 6ef~e the mote. The motion carried unanimously. NAME OF COMMBS. M S V Y Q~dc z E3erds x x Jaaen x x 1ltdrer z (irllifced x Casnissioner Edwards reported three bids had been received and the comnittee remmen)°d awarding the bid to the lowest and best bidder, Rey ibuston, Division of Jacksonville Shipyards, Inc., in the amau~t of ;29,498.00. Tabulation of bids is attached hereto aId made a part hereof. The City MaMger reported the City had received a printout frua the engineering firm of Smith and Gillespie estimating the Wildrout population for Atlantic Beach and he felt the City now needs to consider going out under the Consultants Competitive Negotiation Act to negotiate engineering services in cvme~.-lion with developing plans and specifications for a regional plant if this is the wish of the Commission. After brief discussion the City Manager was l~nFS op ~ RBC~M M~TII7G OF itl6 AT[X7CLC 8871® CITY aaF- IIISSIQi ~D AT CI1Y rylfl. Qi D8H®t 12. 1988 Ar 7:15 1M. y V PI?fSENT: William I. Q111ifnrd, Jr., Mayor/Crnmissiorer O C Ibbert B. Cook, Sr. T 7 Glern A. Fihazds E E Adelaide R. Tucker D C Alan C. Jensen, Ozenissioners AND: Richard C. Fellows, City Manager M O S E Claude L. Mullis, City Attorney T C Maureen Ring, City Clerk I O Y NAME OF O N E N COMMAS. N D S C The meeting was called to order by Mayor (Llliford. 1}1e invoca- tion, offered by N9aissioner Cook, was followed by the pledge to the flag. Before dealing with agelda items the liiyor asked Oamissiorer Jensen, since he was the only C<maissiorer rot previously contacted in this regard, if rescheduling the regulaz meeting of January 9, 1989, to January 11, 1989, would present ary problems. Oumissiorer Jensen stated he had ro problem with this and the next regulaz meeting of the City Ccr9nissirn was scheduled for January 11, 1989 at 7:15 1#f. 1. Acorn l1Y Lhe city ~is9irn to elect a Mawr p[o tea to act in the abealoe of the M9YCC, with a taro to end rn TueSdaY, Nwa~er 7. 1989. lb[im: Elect ~.irner rnolc m fill the valarry of Nayor rook Ro is El~7art18 z '.. No discussion before the wte. The motion carried unanimously. Jm1eu1 Tudoer x x x x 2. Apocoval of the aiarWa of the Aea111ar lUetiln of Novaher 28 n,l1;IQd x a~xl Special 7aaPtl..e of bva~ri 30, a9d Det>r~er 5 1989 lb[im: ltlmOra of the xegnlar seating of lbvrs~i 28, 1988 6e CUdc x apptvoad ae a7talitted B37ar+de x : No discussion before the wte. The motion carried unanimously. .701901 7lrlret z Y z fi111ifoxd z lbticn:. lflmera of the special a„ms~ of NWe~bpr 30, 1988 tt? Ooolt x x i appeaiad 7Y ablittEd ~r7ds x z !7o discussion before the vote. Ttie motion carried n,wn;,,r.,ely, J01eaf '11t>loaz z x ` (illlifotd z lotion: ~ of the Special aeetug of Deoal6rr 5. 1988 6e CUOk x appca7ed r auditted BkLazde z z Ja1ea1 z G Jo discussion before the wte. lotion carried unanimously. T1ldrer (3111ifcrd z z x a o Status Report...page 4 Commit cee at their meeting on Thursday, January l2. The bids will be evaluated by the Solid Waste Committee and forwarded for further action to the City Commission a[ their of meeting January 23. We ate enclosing copies of two ordinances which we propose [o introduce at th_ meeting on Wednesday nigh[. One ordinance makes some significant changes in [he ordinance having [o do with home occupations. We would like you look [his over and give us some feedback on any changes or modifications each of you might wish. This ordinance was developed after Rene did some research [o find out what other communities were doing on this home occupation business. If [he ordinance looks good we can introduce i[ and sec is for public hearing. The next ordinance is an ordinance suggested by Commissioner Cook which in effect closes [he south sixty Feet of Se lva Marina Drive where it connects with Old Sherry Road in the vicinity of Selva Norte and Oceanwalk. You have previously received information regarding this proposal and if these ordinances are introduced they could be see for public hearing a[ the meeting of January 23. On Wednesday nigh[ ve have one public hearing on an exception. The exception is an application from Gerald Wheatley in Selva Norte who wants a home occupation which will enable him to keep books of accounts for "B6W Design and Build" a[ his house. The Community Development Board has approved [his with condition [ha[ there be no pedestrian or vehicular traffic, no external signs and that [he neighborhood will no[ be affected in any way. We have three ordinances up for public hearing. The firs[ is an ordinance amending the zoning ordinance [o establish a method for measuring height of fences and walls. The second Ss an ordinance addressing Che sign ordinance and clarifying Che language relative [o real estate advertising signs and direc Clonal signs. The third ordinance is the pud ordinance for Che Flee[ Landing project and basically rezones several trac [s of land from OR to planned unit development. Once [his ordinance is adopted and the amendment to the land use element of the comprehensive plan is approved ve must then transmit five copies of [he adopted plan or amendment to the department of Community Affairs within five working days. Within forty-five days after that the DCA will publish its notice of intent to approve. Once chat intent is published affected persons <an petition the department For hearings and if [here are none the department of Community Affairs will issue its final order. is _. Status Repor[...page 3 meeting on Wednesday to discuss this and ve are enclosing copies of his brochure for you co look over and study. Mike Akel and others have presented [o [he Co~uni[y Development Board a project similar Co Seminole Reach and Oceanside to be called Ocean Terrace. The development consists of fourteen single family homes located on property immediate l)• north of [he Towers development and across [he street from Oceanwalk on Seminole Road. We have received [he design quality standards for the development along with [he declaration of covenants, conditions and restrictions and the Community Development Board has recommended approval of the concept plan. Reviews by [he adminis[ra[Sve staff also indicate Che plan appears [o be in conformance with [he City's comprehensive plan and can be approved. This preliminary approval is contingent upon the developer providing [he necessary plat, surveys and engineering drawings which will alloy the City to determine [he necessary eater and sever impact fees and any hydraulic chairs which may be required. Once these dete rmina[iens have been made if the developer wishes to proceed before final plat approval he may do so by filing with [he city the necessary bonds and documents. In connection with the City's annual audit it is necessary to make certain transfers between funds to balance out accounts and [tie se transfers require Ci[y Commission approval. Basically [he transfers provide for the expenditures of funds no[ anticipated when the budgets were made up such as [he temporary receptionist position acquired during [he summer before [he hiring oC our full time receptionist, the approval of Che employee assistance program contract, [he costs of insurance which vent up after [he budge[ had been adopted, expenditures made in connection with the Section H prof ec[ which are refundable out of the bond Sssue recently made and monies utilized to acquire Che beach access a[ Twentieth S[ree[. We also needed to record [he City's share of Che cost of revising our comprehensive plan and a somewhat expensive street stabilization project in Section N utilizing lime rock which can be recovered in connection with the peraanent construction there. Please look over [he copies of the resolutions which ve sent along and call me if you have any questions. In addition to these prey ions budge[ transfers which balance out our accounts for [he previous fiscal year i[ Ss necessary ve adopt a budget transfer resolution on a major budget change for this fiscal year. A copy of [ha[ change is also included. This simply provides a budge[ for [he Section H assessment project. According to information furnished [o Chief David Thompson by Paul Brown, Chief of the Jacksonville Beach Police Department and a Director of [he Florida Police Chief's Association, [here will be an attempt this year [o get [he 1989 Legislature [o repeal [he Criminal Discovery Rule. I am enclosing a copy of a proposed resolution correcting [his and Sf in order [he Commission may consider its adoption ac the meeting on Wednesday nigh[. The eId Committee me[ on January 4 Co oper. bids for a city vide retyc ling program. The bids are being tabulated and evaluated by Andy Hay of Gee b Jenson Engineers and 'will be presented [o [he Solid Waste ifjrn.. 6: ~. a` F< T 1' ~~ Status Re port...page 2 would like to prepare for that by going out under [he Consultants Competlt ive Negotiation Act to seek professional engineering se rvlces for the necessary survey and design. Once we have selected an engineer to recommend to [he City Commission ve will [hen Ge in a position Co act quickly once the purchase agreement has been signed and the closing has taken place. This should expedite Che transfer of [he system over to the Buccaneer plant. Absent any negative co®ents from the Ci[y Commission we plan Co adve rCise for these se rvlces. The term of office for Sam Howie and John Bass on the Community Development Board expired December 31, 1988. This will be an agenda item for Honday night as [he Mayor makes a decision relative [o appointments for new four year terms. In cases where i[ is necessary, because of an emergency [o spend in excess of §2,500, the City Code provides [he City Manager shall report this action [o the Ci[y Commission and [he amount of expense involved. I[ vas necessary [o spend for labor and equipment §3,038 when one of [he blowers in Che Buccaneer sewage treatment plan[ vent out and required immediate action. Commissioners will recall a[ a previous meeting a resident on Seminole Road be [ween Seventeenth and Eighteenth streets asked [ha[ his area be included in [he engineering work being done for water and sewer on Beach Avenue between Sixteenth and Eighteenth St reel. IC occurs [o me it would be prudent for Che Ci[y Commission to consider adding to [his work the design of sanitary sever and water services along DeWeese Avenue, Coquina Place and Shell Sc reet as well as road and drainage designs for these unpaved streets all of which became a par[ of [he Ci[y of Atlantic Beach when it vas annexed in January of 1987. If the CSty Commission agrees iC would be in order to authorize an amendment to Jee 6 Jepson's current contract for the Beach Avenue eater and sewer main extensions to include these areas. We anticipate [he additional engineering costs will run in the vicinity of §20,000. The Town of Orange Park has asked me [o inform Che Ci[y Co®ission- ers [he Orange Park Town Council is considering a suit against the Jacksonville Electric Authority on an alleged hidden tax paid by city electric customers. This so called "hidden tax" tomes about as a requirement by the consolidated City of Jacksonville chat [he Jacksonville Electric Authority help front city services by paying to the City of Jatksonv ille a sum in lieu of property [axes. This sum Is based on a formula of ;4.76 per one thousand ki lova[C hours. This money is paid by all of [he electricity customers and the Tovn of Orange Park is taking [he position [ha[ the people in Orange Park are paying a hidden [ax for Che operation for the Ci[y of Jacksonville. In any even[, tcvn attorney Ed Rich is supposedly contacting city attorney Claude Mullis [o discuss this matter and I bring i[ [o your attention for your information. As requested by [he Ci[y Commission we contacted Stephen Harris regarding his proposal for an innovative development on Sherry Drive between Fifth and Sixth Streets. He will appear at [he Ci[y Commission Status Repor[...page 3 ?~:.,.._ ti t t` January 6, 1989 M E M O R A N D U M T0: The Honorable Nayor and City Commissioners FROH: Richard C. Fellows, City Manager SUBJECT: Status Report The City's firs[ appointee [o the Hospital Board, Dorothy Kerber vas appointed in January 1983 fora three year term ending in December 1985. Somehow her reappointment vas never officially made and so the Mayor will Cake action on Monday night Co make [hat appointment official as of January 1986 with a [ers ending in December of Chia year. The meeting before last a request vas made co the Cicy Commission about the possibility of trading Lot 316 for Lot 305 in [he Sa ltair Subdivision. 8111 Hickson [he owner of Lo[ 316 claims Chat his lot is no[ as desirable because i[ fronts on the entrance Co Howell Park off of Pine S[ree[ and Ss no[ as attractive a lot as Lot 305 which is owned by [he City and fronts on Magnolia. The Ci[y Commission authorized the two lots [o be appraised for purposes of evaluating this request and ve are enclosing herewith a copy of Che market value appraisal report and a map shoving [he location of the two lots involved. This will be an agenda item on Hednesda}• nigh[ and Commissioner Cook will speak [0 1[. The Mayors of Jacksonville Beach and Neptune Beach have executed [he fire fighting mutual aid voluntary agreement for [he coming year. We are enclosing a copy of it for your information and it will be an agenda item on Monday nigh[. The A[lan[ic Beach Police Department recently seized a 1981 Chevrolet pickup truck as a par[ of Its narcotics crackdown. The City of Atlantic Beach Public Works Department has asked to have this truck transferred to them for their use and the Public Horks Department has agreed to compensate Che Police Department in the amount of SS00 which funds are Co be paid into [heir investigations fund for further use in fighting drug use in the Atlantic Beach area. The department has recently received the final judgement on a 1976 Dodge pickup truck also acquired through a narcotics seizure. The Naval Investigative Service has asked if [he Llty would consider transferring the title to [ha[ [ruck to the NIS in exchange for the manpower and other help which they have rendered [o us from time [o tiae. Chief David Thompson, in accordance with Che provisions of the statute, has discussed this with the CS[y Manager/Public Safely Director ve furnish you [his data foz your information. There will be certain engineering and construction coats involved with the purchase of the Atlantic utilities system fn Oak Harbor. we ~• ~. < Y.r.a .. crnr of nTlwNrlc B~! P U B L I C N O T I C E QN1[E OF McE17NG I1~18 '!~ BB7R' IQ[~Y 8(IH7[IIi~D NOTING OF TB6 IYPIANPIC BPACiI CI1Y Q!lUSS1Qi, M~(71 iQIID IgRNil~C PAiL ON MQOAY, JAIiAIC 9, 1989, Bl1S BBBli E~fIIID A!D IPIIl. ~ BBLD AT 7:15 BM Qi NBQFS<»Y, SIIQNCC 11, 1989, AT CITY l41i1., 716 OCPJIN Bgllgypip, A'!'IIIM'IC BHIQI. r /. V Please publish on [he follovf ng dates: December 14, 2l, and 28. Also January 4, 1989 Please display with bold border. P. O. 43512 If you have any questions please call Maureen King at 249-2395 ~-_ s fee[; reserving to the CI[y a pe rmanen[ easement for utilit Ses and other city services and setting of a public hearing January 23, 1989 Ordinance No. 90-88-135 pu6lfc hearing and final reading of an ordinance rezoning land owned by Fredrick Adams, Sohn Shea, George Helow, Hilliam Bull, Sane Bull and Harcourt Bull from open rural [o planned unit development for [he Flee[ Landing project Ordinance No. 90-88-137 public hearing and final reading of an ordinance submitting the ordinance code of the City of Atlantic , Beath relative [o [he method of measuring height of fences and walls E. Ordinance No. 60-88-5 public hearing and final reading of an ordinance amending the ordinance code of [he City of Atlantic ' Beath, Florida [o provide fot off premise real estate signs during an open house and [o more precisely define the type of dire e[ional signs exempted from operation of the chapter ; Mtacellaaeons Buelneae: City Manager ^eporte: ; Yepoz[a and/Bequests frw CSty Co~lesioners and City A[[orney Ad,j ournment ,g„ Utilities and Oak Harbor and the Buccaneer Water and Sever Dis [rlct C. Acknowledge communication from Che Tovn of Orange Park rela[IVe [o the so called "hidden [ax" being paid by the electric customers of [he Jacksonville Electric Authority ~~' Introduction and adoption of a resolution calling for repeal of - [he Criminal Discovery Deposition Rule by Che Florida Legislature I. Ae solution 89-1 introduction and adopcion of a resolution making budgetary transfers between funds fez [he Fiscal year ending September 30, 1988 J. Re solution 89-2 inc reduction and adopcion of a resolution creating a budget system for the Section H pro]ect for the fiscal year beginning October I, 1988 --Bmd of Commemt- 5. Discussion by [he City Commission on the desirability of extending the engineering agreement between the Ci[y of Atlantic Beach and Gee 6 Jenson Engineers for the design of mater, sever, paving and drainage on DeYeese, Coquina Place and Shell St reel s. 6. Action by the Mayor on the naming of a representative [o the Beaches Hospital Boazd with a term expiring in December 1989. 7. Action by the Mayor to make appointments to [he Community Deve lopmen[ Bnard for four year [e rms ending in 1992 8. DSecusalon by the City Commission on the next steps to be followed in regards to a proposed new C3[y Hall Action oo Ihcep[ioos: q. A. Public hearing on an application by Gerald Wheatley for an exception [o conduct a home occupation 1n his residence in Se lva Norte which will enable him [o keep books of accounts for BSW Design and Build. (Community Development Board recommends with condition there be no pedls[r ion or vehicular traffic, no external signs and no change in [he neighborhood) ro_ Action oo Ordinances: A. Ordinance No. 90-68-138 introduction of an ordinance many of the ordinance code of ehfs City of Atlantic Heath, Florida Sn regards to regulations on home occupation licensee and setting of a public hearing for January 23. B. Ordinance No. 65-88-18 introduction of an ordinance closening, abandoning and vacating that portion of Old Sherry Road from the north city limits line of Atlantic Beach south sixty ~._ k K t ~.,., ~ I CIii OF ATLANTIC 1FACB orrrm !a MEETING JANUARi 11, 1989 AGEMCA Call [o Order Invocation and pledge to the flag Approval of [he minutes of Che regular meeting of December 12, 1988, special meeting of December 20, 1988 and workshop meeting of January 3, 1989. Appearmcea: A. Mr. Stephen Harris, architecC to dlscues his plans for an innovacive development on Sherry Drive between Fifth and Sixth - S[reeta on Atlantic Beach /3. Bsfiaished busincea: A. Discussion on request of Nil liam Hickson for [he exchange of Lo[ 316 for Lot 305 in the Sa hair Subdivlafon B. Further discussions relative [o the Selva 1lnkside ai gn 4. fnosent Agenda; A. Acknwledgement of an action by the Atlantic Beach Police Department in transferring a 1981 Chevrolet pickup [ruck seized in narcotics operations [o [he Department of Public Works City of Atlantic Beach for 5500 B. Aclmwledgemen[ on an action by At lantie Beach Police Department In the transfer of title on a 1976 Dodge pickup truck acquired I 1n a narcotics seizure to the Naval Investigative Services 1'laYPor[ C. Ratification of an emergency action by Che City Manager for the replacement of a blower at the Buccaneer Wastewater Treatment plant in the amount of ;3,038 D.~ Approval of _prellafpary plat for a Comnmity~quall[y development ~y, known as; Ocean Terrace and refer [o Community Development Board E. Ac tlon by the City Council to approve execution of a mutual aid agreement for fire flgh[ing between the cities of Jacksonville Beach, Neptune Beach and Atlantic Beach F. Authority for [he Cicy Manager to advertise under [he Consultants Competitive Negotiation Acc for engineering ae rvicea 1n connec- tion with water and sever interconnects between A[lan[Sc mz - 's JANUARY s..a~r®.rrsv ~. ~. is ~. ~,~- ,-