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02-01-89 . ~-- 9 '. l ~ - - ~. ;.., _ CF( Y V • C I I `I- rVG i r F-t- i~ !~ . m( ~J ?:v97 3~~5 N:370 E ~ ~(n 'l' i Cn v r~ N ~'3A y~~ ~, ~ ~~ W ~ li 4 m i:~ a WI ~/ sl a, y. ~~ ~~ ~ ~, w Z `j G ~ N (Y _t - Z ` L Y ~ (~ ¢ {u g' ~ I Zi ~ c: February 24, 1989 RE: LOT 9, OCEANSIDE This is to advise that the OCEANSIDE Architectural Reeler ' Committee has granted the folloring design deviations to the above referenced property, in accordance vlth Chapter I, Section '. F, of the Design Quality Standards prepared by Hilton T. Meadors, ASLA and adopted by the City of Atlantic Beach on D¢c¢mber 14, ' 1987: Gdf/VG(-oS~a a second story deck to encroach the rear yard by four (4) feet, end '. the entry landing to encroach the east aide yard by sixteen (16~/)/~/ij//nche~. ~~~T V~ ARCHITECTURAL REVIEM COMMITTEE OCEANSIDE SUBDIVISION ^ The board r¢viered a proposed ordinance regulating Development Agrrewents. They suggested revising the PUD ordinance to provide exception to the 7 acre site requirement rather Chan adopting the ordinance. ^ The board took no action on an application Ear exception at 55 Vasi Eighth Street and a variance et 118 Fourth Street because the applicants r¢re not present. Respe fully Submitted, i I ,n^ J Rene' nger 5 ¢tary Communi seal went Board sv... CITY OF >~tla«t<t Sesek - ~lmcicla February 23, 1909 MEMORANDUM To: The Honorable Mayor and City Comniaelon Fraw: The Community Development Board Subject: Board Actions of February 21, 1989 rith Recommendatfone il5(KF.1ti li0ULEYARU P. U. xU%25 AT414'TIC BEACH. FWRIDA 3Y191 TELEPHUHE {9Df { 2a42995 Ycur Community Development Board took the folloring actions at it.'s regulsr meeting on February 21, 1989: ^ TRe Board recommended denial of an application for neighborhood rezoning from RG2 to RG1, the oc¢anfront area betr¢en 18th and 19th 9treete. The board, noting that a great number of the property ornery had not signed the petition, felt the dornzoning could take gray property rights and cause nonconfarmltiea in the area. The Bomrd deferred action on an application to rezone Eros RG2 to CG, the eauthrest corner of Church Road and George Str¢¢t. The Dvtiticner felt his only option rith RG2 zoning ras construction of for incow¢ houaing. The board ras concerned about shoring cowwercial activity into th¢ predominately •old• residential neighborhood and asked that the petitioner present statements of no objection from the surrounding property ornate. The board recommended approval of an application for septic tank variance at 60 Yest Ninth Street fLOt 7, Block 39>. Thv orner agreed to connect to public serer facilities then availably. The board grsnted a rarlance to allot art approxiwately 10' concrete call to remain as constructed adjacent to the public accems at 2Cth Str¢¢t. The aDPlicanta built their tall according to conatuetfon plane rnich shored the access Eour feet higher than it rya actually constructed. " The board granted an applicstion for rear yard variance at 340 Sailfish Drir¢. The variance allots a partially constructed rooden shed to remain approxiwately 3' from the property line. ~__ ~ ~~!"1- ; ~ , ..'r I 9 1 i ', -i- I ``'~ `"f'~-- Ja -~ .. ~- ' _ , {I ,:_- f ~ ra 1 x i i rx c i 1 ..•) •r i Of Crt• I IN>~. 1 a I C .~-- OO ~ ~- ~ _-~_ T t 1 T. T -~ ~ 11 ~ X66 fi 5 1 X 2 3 4 5 811 B 9 _~/ +~T 63 8T B 9 ° / i~ i- • r 1 1 62 LIMK9IDE DRIVE / cL i' r: • 1 61 m q} •1 29 2l u 12 1110 9 B T 1 t .. f t •. f~ f 1 80 z 3 29 .- 6 _ 1 46 q; L6 0 13 \ ' _ aa_ I f .. n. ^ f .. c• .`. a ~ 1 3B o qB 11 u 30 2t o 118 WATBER q \' . • 1 n • .. n : c rr 1 5T 60 •9 q0 0 !2 23 Y IB BEWER 3 \ LL 58 >: 22 2 IT TREAT. 1 '. Q II ° C a . , n . i a •. a . u f ~. --!~ 11 55 w 5° 39 i 33 ~ PIANI 2 1 51 3B ~ 3A 21 IB 1 , , x- p " ! ~ 1 Gt ~' ~ ra f x 3 1 2 3T 3B 35 20 19 -~---^ _~ Z~~ •1 " r~ 1 53 ~_~~~ q 21 ¢f b. ,o _~ Z -rt I 1 ei6 v .x' runs frw. ..i. aa~ 1 55 ;210 H 1 x. x ~+.a.. xc ~ .t n wti 1 5 15EL`•'A LAKES ~ GIR0.E ~ ...... •9i iYi}d 'n - .^'tia°°DI ° 1 zzzz i o - B' a x z m~ a as ' y ' '• " x x= = x! iC ... K- 1 020 3t5 31+~ al S6 r-ii~2Ae3a l ,a it x~.~°v ~' - _ - .f i~o'f •: ~1 ~ _ ~ \Sv3b tt3 ~c-n.EY 1 J n r. n ~ m'~ a ~f r•.i ~•x i 1 9 9~'~ ICY 43 % \\ 0 _ -~ i ~ ri. 1 ~_ 9969 3.,4)/p~PELICAN 1\,. q y5 ~7~ly.ie 3 r .c.f • f• ' I ai ii ~(TP1-~fl xt • Y.- ~~ ~!3' r dq AI{3 IZO LIii L~~55KE 1 _ • - - c. u 1 k a T BIB B B`a YPRC i .x n • .• - . .x f~ a1"aa is " e, B. s 6 1• B 13 BT izlz 1 i ~ ~~i Z z 0 to"r.. ee. LL u~:u-Q :~: Y. 1~~ "/D~~~~$rl i11 L_ i AKC9 CI ctC rx a ro (i to r r a ~~ a .. 1 4ELVA 1j1{p1IJ I j13~331~ ~ 1, 1 p _~1 321 9~B1 3=i- t. M N v` a n p. ~ w. '< •.ul 1 ~•5.3 I~i9~T6 ~1 -_- ~_ ~~_- __ 4A3J a+ a~.or ii B2 ;Lq -_- ~1- i. 1 1~~~TTTInn~ . i 6 1 a. Wf~~ ~; '~ ; •.'avn n 10' bw iii " a ~ 1 ¢r i ^~' 1 ' ~n 1'~ '~'tI 'L•~,..1~~~~•I~L.~ i ~ ~'x~: x-'r4..~l oi'~oll1_~~.~'.I -._.. .i.:a.v' a • s r~' ~ t f ~ U M s y .~ ~}~:: ~n ~~ v, 4 y ~ _, ~ I ~_-~---- 9~ ' =~ _; Z ~1 a ~~ Z ~~ J N N U K Z j ' ..t 0 5 U , " ./i C ~a ~f 3n~8a 305 NV3~0 February 24, 1383 REs LOT 4, OCEANSIDE Thla Ss to adrlse thst the OCEANSIDE Archlteetural Rrriev Cowwittee hu granted the So11or1np design derlatlon• to the ' above reSereneed property, in accordance rith Chapter I, Suction '~ F, 01 the Design Quality Standards prepared by Nllton T. Meadore, ASLA snd adopted Dy the CSty oZ Atlantic Beach on Dvicewber 14, 1397: [/A'f/~L~oSfD a second story deck to encroach the rear yard by Sour f4), ' Zest, •nd ` the entry landing to encroach the east side yard by sixteen / <16 I/[p/ice/nc~hes2 ARCHITECTURAL REVIEM COMMITTEE DCEANSIDE SUBDIVISION ^~ curfew and shall direct the minor to proceed at once to his or her home or usunl place of abode. The police officer shall report such action to the Shift Supervisor of the Police Department who in turn shall notify the parents, guardian, or person having custody or control of such minor. (b) IL each minor refuses to heed such warning or direction by nny police officer or refuses to give such police officer his correct name and address, or if the minor has bean warned on a previous occasion that he or she ie in violation of curfew, ha or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to coma and take charge oL the minor. If the parent, guardian or other adult person above cannot be located or fails Lo come and take charge of the minor, the minor shall be released to the juvenile authorities. Section 7. Penalties. Any minor violating the provisions of this ordinance shall be dealt with in accordance with the Juvenile Court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor violating this ordinance shall, after having been previously notified under Section 6 of this ordinance be Lined not more than Fifty ($50.00) dollars for each offense. Section 8. E>;#ective date. This ordinance shall be come effective upon signature of the Mayor or upon 10 days after its adoption if he fails to sign the ordinance. Passed on First reading this day of February, 1989. Passed on Second and F1na1 reading this day of , 1989. ATTEST: Noreen R nq, C ty Clark W.i. Gull ford, Jr., Mayor-Commissioner /Ap~pro/ved as to form and correctness: '~ /~~- laude L. Mull s, C ty Attorney 3 other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. Section 2. n~~*ev foz Minors. It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on toot or to cruise about without a set destination in any vehicle in about or upon any place 1n the city between the hours of 10:00 p.m. and 6:00 a.a., Sunday through Thursday and between the hours of 12:00 p.m. and 6:00 a.m. Friday through Saturday unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or spec ific business or activity directed or permitted by hie parent, guardian or other adult person Raving the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. Section 3. Resoonsibilitiee Of Owners Of Public Places. Zt shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of eighteen (18) between the hours of 12:00 p.m. and 6:00 a.m. Section 4. v..e^*s' Responsibility. it shall be unlawful Por the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the City between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this Section do not apply to a minor accompanied by his parent, guardian, custodian or other adult parson having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by Ris parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department. Section 5. 4ioa~ial Functions. Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out et a later hour than that called for in Section 2 shall be exempt Yrom the provisions of Section 2 of this ordinance provided, however, the Chief of Police or his designee may verify said special function or entertainment with the minor' parents or by contact with said church, school, club or other organization. Section 6. Procedures. (a) Any police officer upon finding a minor in violation of Section 2 shall ascertain the name and address of such minor and warn the minor that he is in violation of ~. ORDINANCE NO. 57-89-14 AN ORDINANCE REGULATING THE PRESENCE AND CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN CARE OF MINORS; PROVIDING FOR DETENTION AND PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, juvenile delinquency has increased in the City of Atlantic Seach, and WHEREAS, there has been an increase of abuse and damage to parks, playgrounds and other property of the City of Atlantic Beach, and WHEREAS, there is need for governing the conduct of minors in the City for the purpose oP nlleviating the problem of juvenile delinquency, and WHEREAS, it is in the public interest to reduce noises and disturbances at late hours, and to prevent the reckless and noisy operation of motor vehicles at late hours within the City of Atlantic Beach. NON THEREFORE, be it ordained by the City Council: Section 1. Short Title. This ordinance shall be known and my ba cited as the "Ordinance Regulating The Presence and Conduct of Minors On Streets And Public Places." Section 2. netsnitions. For the purposes of this ordinance, the lollowlnq terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words Sn the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. j (a) City is the City of Atlantic Beach. I (b) Minor is any person under the age of eighteen (18). (c) Parent is the natural or adoptive parent of a minor. (d) Guardian ie any person other than a parent, who has legal guardianship of a minor. (e) Custodian is any person over the age of eighteen (18) who is in loco parentis to a juvenile. (f) Public Place shall mean any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A ~_ public place shall include but not ba limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping canter and any 1 ~`~ ORDINANCE N0. 65-89-19 y l' AN ORDINAtlC6 CIASI110. VACATIMO A1ID i ABAIEIONINC TBEE EAST TW ®IImRID FLPTY-EIGHT PEEL MORE OA LESS OP THE ASSISI LANB IIGHt-0P-YAT pROJECtI11G OPP OP MAYPORT ROAD IRTO T96 PLEEt LARTIINC PRO]ELT Aim RESERVING DItrO THE CITT OP ATLANTIC 6BACH A P6RPEtDAL EA500HIL POR UTILItIB4 Alm DRAINAGE; PROVIDIIIG AN EFFECTIVE DAT6~ 41HEREAS, the Ci[y of A[lancic Beach is [he owner of a 60 fooc right-of-way extending east off of Mayport Road a distance of 558 feet - more or less naced Assisi Lane, and ~. NHEREAS, the developers of F1eeC Landing have requested the portion of the right-of-way extending inside the boundaries of the protect be closed and vacated, and - 1 NHEAEAS, the City of Atlantic Beach has determined there rill be no adverse public effect upon the vacation and closing of said right-of-ray, NOA, iH¢REPORE, BE IT OADALNED BY THE CITY COlOII SSION OP THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The east 256 feet of the Assisi Lane rlghcrofway -. extending east ,off of Naypor[ Road toward the pro~ecc knorn as Flee[ Landing 1s hereby closed, vacated and abandoned in all respects rich the exception the CSty of Atlantic Beach reserves a perpetual easement foc ~. drainage snd utilities across said right-of way. Section 2. This ordinance shall take effect upon its adoption. a• a a# a e f a Passed by the CSty Commission on first reading Passed by the City Co®Sasion on second and final readlrg William I. Gulliford, Hayor Presiding Officer Approved ae to Porm and Correctness: Claude L. Mu llie, City Attorney (SEAL) Maureen King, CSty Clerk i r' ~.- -3- OWNERS George M. Goodloe et al. $137 Arlington Rd. Jacksonville, Fla. 32211 PROPERTY DESCRIPTION II14-93-9-2S -29E USD North Atlantic Beach unit #3 PT Lot 61 Katherine Goodloe et al. 197$ Beach Avenue Atlantic Beach, Fla. 32233 George M. Goodloe et. al. $137 Arlington Rd. Jacksonville, Fla. 32211 Mark J. Kredell 1930 San Marco Blvd. Jacksonville, Fla. 32207 N. 17 ft, Lot 61 5. 17 ft. Lot 62 N. 33 £t. Lot 62 19-2s-29E North Atlantic Beach Unit #1 PT Lot #40 & strip o£ land lying north thereof - James H. Lipscomb III _2 1917 Beach Avenue * ' Atlantic B e a ch, F1 . 32233 Lot SO / ~ ,~ 'c~ ~ Carson B Mer 1923 Beach Avenue Atlantic Beach, F1 C~1L~. ~ rn~ . 32233 l,l,. ~I ~ _ Lot 51 Steven Y. Lee .r , 1927 Beach Avenue - Atlant{c Beach, F1 /(~/~ . 32 3 'Lot $2 . ~ Joseph Stradel ~ - P. 0. Box 9418 Canton, Ohio 44711 s Lot 'S3 . Elliot Zisser 1937 Beach Avenue ~ At ach 32233 LOt 54 William N. )organ 220 E. Forsyth St. Jacksonville, F1. 32202 Lot 55 Bernice E. Morgan 1949 Beach Avenue ~ Atlantic Beach, F1. 32233 LOt 56 William N. Morgan, Jr.~et al . ~- 1945 Beach Avenue Atlantic Beach, P1. 32233 #LO t. 57. . Sam. A. Rukab - 1957 Beach Avenue Atlantic Beach, P1. 32233 ` Lot 58 ' John R. Tesman 1963 Beach Avenue n,1 ~_ / Atlantic Beach, Pl. 32233 iLot - 59 ~ .~~ /BRAT-'d i I ~ - Lisa Haycook 1969 Beach Avenue Atl/antic Beach~l._ 32233 ~Lot 6U D PET I'1'I ON We, the undersigned property owners and residents of Atlantic Beach, respectfully petition the City Commission to rezone all ocean- front property located east of Beach Avenue from right above 19th Street on the north and just below 18th Street on the south from RG 2 to RC 1. OWNERS Don W. Smith 187 Beach Avenue Atl ntic H ach,IIF1. 32233 '- - Jil.~ PROPERTY DESCRIPTION a 9-2S-29E North Atlantic Beach Unit /j2 PT Lot 41 & strip of land lying south thereof Jerald H. Pietan 1877 Beach Avenue Atlantic Beach nF1. 32233 .~e,-.AIL ~ ~Cc<~ Gerard Petroni P. 0. Box 1$1 Miami, Florida 3400$ P & S Builders, Inc. P. 0. Box 24270 Jacksonville, F1. 32217 James L. Felkey 1887 Beach Avenue Atlantic Beapc h%~F1. 32233 L / / Stuart Kimmel 2279 Seminole Road, Unit 8 A tla Aeach, 32233 Curtis R. Ford 18$8 Selva Grande Dr.i ve A t~l a,,n tic/~Beach~F1. 32233 ~~~yL-- Herbert B. Moller, Jr. 1911 Beach Avenue Atlantic Beach, Fl. 32233 +Lot 42 ;Lots 43, 44 a Lot 4$ *Lot 46 #Lot 47 'Lot 48 Lot 49 a 2. The change Sn zoning is consistent rith the Lend Development Code and the Comprehensive Plan adopted by the city. ___ ___ 3. The change in zoning cleeslf ication rill further the purpose of the planning program. ~ ___ ___ 4. The change in zaning rill not adversely effect the health and safety of the reeidenle of the city. ___ ___ ~. COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS r ACTIONS BY THE CITY COMMISSIONi r A complete llet of all property ornate, meiling sddreeees end legal deacriptlone for ell proD~rty •ithin three hundred f300> Eeet of the eub]ec: parcel ae recorded in the latest of tidal tax roll Sn the Duval Ccunty Courthouse( (attach eeperate eheete 11 needed) Property Ornnn''e//re'' end Nailing Addressee Legal Deacrlptlone 1. ~~ /ilf/Xh+EC~ ___________________________________ ________________________ _____________________________________ ________________________ _____________________________________ ________________________ 2. ___________________________________ ________-_______________ _____________________________________ ________________________ _____________________________________ ________________________ 3. ___________________________________ ________________________ _____________________________________ ________________________ _____________________________________ ________________________ 4. ___________________________________ ________________________ _____________________________________ _______-________________ _____________________________________ ________________________ 5. ___________________________________ ________________________ _____________________________________ ________________________ _____________________________________ ______________________-_ 6. ___________________________________ ___________________-____ _____________________________________ ________________________ _____________________________________ ________________________ 7. ___________________________________ ________________________ _____________________________________ ________________________ B. ___________________________________ ________________________ _____________________________________ _________________-______ _____________________________________ ________________________ 9. _____________________________________ ________________________ _____________________________________ ________________________ 10. - The elgnature// of each and every orner of the lender _ ~EE_ ~Z f`-O-"-~---------------- Applieanti Do not fill-in beyond this point. Horever, be prepared to respond to the tolloring itemet FINDINGS OF FACT YES NO 1. There exiate s need end ]ustitication Sor the change in zoning claseitication. ' APPypq ~ ON F~~CNAN~{~~-IN ZONING CLASSIFICATION ~IG,i JAfJ ~7 }:ids JJJC;J Date Flledt__ _ Buifcfing and Zoning Name end addreea of ell ornery of the subject propertyt _~~ A></~ Phone PAID. JAN 2 71989 -------------------------------- Phone Mork The address and legal deacriptlon, including the lot, block and aubdlvlelon of the property to be rezonedt ------------------------------------ Present zoning of propert or rhich change of zoning elaselfleatlon Se requeatedt__'~~y .2.+ ___~/ _____________________________ Propeaed zoning claesiflcetiont ~t+ A STATEMENT OF THE PETITIONER'S •I NTEREST IH THE PROPERTY TO BE REZONED, INCLUDING A COPY OF THE LAST RECORDED MARRANTY DEED) ANDt If joint or eevera~ ornerehlo. a rritt consen - t., th re n1 ~e'fCtton by ell ornere of recordt or if a contract purchaee, e copy of the purchaee contract end rrltten consent of the seller/ornery or if en authorized agent, a copy of the agency agreement or rrltten consent~of the principal ornery or if a corporation or other 6ueineee entity, the name of the afflcer ar person responsible for the applEcatien end rrltten proof that said representative hoe the delegated authority to represent. the corporation or other bueineea entity, or In lieu the.-eef, rrltten proof that the person ie, in fact, an oEfieer of the corporationy or Ef a group of continguoue property ornere, the ornere of at least fifty (50) percent of the property described in the petition must provide rrltten conaentt A statement of special reasons for the rezoning ae requeetedt _ k__6~1t--~ =---------------------- ------------------ CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .... ~r--~- ii ~ ii \L__JI ~~~~ ,. i:5 '/l _ PAID. APP~~1'Y OH~~~~CIJ~7[j$~ IH ZOHING CLASSIFICATION JAN z 71989 yaw ~~ ~~~; J1~11%I Date FSled: _ --Bmfdng ones Zoning Names and address of ell ornery of the subject propertys _~~ _ Af1~(.-~ -------------- ------------------- --- Phone Phone Mork The addreea end legal description, Sncludin0 tha lot, block end subdivision of the property to be rezoneds Present zoning of propert or rhich ohange of zoning elseslilention is requeeteds__~~_~ ________________________ ____ Proposed zoning classifications ~~ A STATEMENT OF THE PETITIONER'S •I NTEREST IN THE PROPERTY TO BE RE20NED, INCLUDING A COPY OF THE LAST RECORDED NARRANTY DEED] ANDS If joint or severe ornereh a rritten aneen the rezonin LP lion. by all ornere of record? or if a contract purchase, a copy of the purchase contract end rritten consent of the seller/ornery or if an authorized agent, a copy of the agency agreement or rritten coneent~of the principal orner; or if a corporation or other 6uslnees entity, the name of the officer or person responsible for the epplieetlon and rritten proof that said representative has the delegated euthorlty to repreaen t. the corporation or other business entity, or in lieu thereof, rritten proof that the person Se, Sn fact, an officer of the corporation) or if a group of continguoue property ornere, the ornere of at least fifty (50) percent of the property deserl6ed in the petition moat provide rritten consent( A statement of special reaeona for the rezoning ae requeeteds y; _~~__6~tf--~'-~?c _ ---------------------------------------- ~` Section 2. This ordinanc¢ shall take effect upon Sta adoption. Passed by the City Commission on £Sret reading______________ Paeaed by the City Commleslon on second end !inal reading___ Mllliam I. Gulllford, 7r Mayor, Preeiding Df£lcer Approved as to Form and Correctness: Claude L. Mullis, City Attorney f56ALl _______________________________ Maureen K1ng, City Clerk `. 3 u. - -, ' ~~ ORDINANCE NO. 90-89-140 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; ANENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO RE2011G LOTS 91 TIIRDGGIi 60, NORTR ATLAI/T1C BEACH UNIT NO. 2, BY PETITION OF AT LEAST FIFTY PERCENT OF CONTIGUOUS PROPERTY OWNERS FROM RESIDENTIAL GENERAL NULTIPLE FAMILY fRG2> TO RESIDENTIAL GENERAL TMO FANILY (RG1); AND PROVIDING AN EFFECTIVE DATE. MHEREAS, The Community Development Board of the City of Atlantic Beach has considered m request to change a zoning elassif ieatien submitted by petition of at least fifty percent of contiguous property ornate, and held a public hearing on same on February 21, 1989, and MHEREAS, The City Commiseien does exercise its porere to amend the Land Development Code, including the Official Zoning Map, Sn order to encourage the appropriate use of land, antl WHEREAS, The rezoning Ss consistent with the Comprehensive Plan, and the rezoning rill not adversely effect the health and safety of the residents o{ the area, and rill not De detrimental to the natural environment or to the use or development of the adjacent properties in the general neighborhood, NOW, THEREFORE, BE IT ORDAINED BY THE CITY CGMNISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The O1f1eial Zoning Map of the City of Atlantic Beach is hereby changed to reflect the net zoning of Lote 41 through 60, Narth Atlantic Beach Unit No. 2, from Residential General Multiple Family (RG2) to Residential General Tro Family <RGS>. RFSA~LELAGREENENT BCABDINCUOAH HARBOR WATBB AND SBWER REYENUB BONDS; PHOYIDING AN 8PP8CTIY8 DATB. WHER8A3, the City o[ Atlantic Beach, Florids (the "City'? has entered into an Agreement a[ Purchase and Sale dated February 7, 1989 (the "Agreement% which provided [or s closing Dy March t, 1989, relating to the sale o[ certain assets by Atlantic Utilities of Jseksonville, Inc. (the "Seller") to the City in exchange for certain Oak Harbor Water end Sewer Diatrict Revenue Bonds (the "Bonds"); and WH8R8A& Seller has recently advised the City that it desires to market and sell the Bonds to third parties in the near future: and WHER8A8, the City desires to close the transaction in the form described in the Agreement, and to agree to certain modi[Ications in the future to facilitate deaires of Wster~and Sewer Revenue Bonds,eatform of which isa ett c~ed hereto as E:dubit0"A" anal by reference incorporated herein; NOW THBRBFORB, B6 1'f RBSOLVBD BY TH8 CITY COMMISSION OP THB CITY OP ATLANTIC BRACH, PLO RIDA: Section 1. The form of Resale Agreement Regaeding Oak Harbor Water and Sewer Revenue Hoods, attached hereto as Exhibit "A", is approved, and the Mayor and Resale Agreement contemoporeneou ly with the cloning of the sale of assetsedescrioluW above. Section 2. This resolution shall take effect immediately upon its adoption. CITY OP ATLANTIC BEACH, FLORIDA By: Mayor ATTEST: Clerk Porm approved as to form and content: Claude L. Mullis City Attorney LK L-92/22/89-262AA-2798 ,; City of Atlantic Bach, Pbride 5900,000 Osk Harbor Meter end Sewer District Revenue Bonds CLOSING DOCUMENT IJ37' Pebruery 28, 1969 I. City Commission Proeeedi~ga 1.1 Resolution adopted October 24, 1988, determining to purchase rystem 1.2 Ordinance No. 80-88-37, approving Agreement o[ Purchase end Sale end authorizing Bonds 1.3 Resolution No. approving Resale Agreement 1.4 Certified copies oC:- (a) minutes of meetings o[ October 24, 1988 end November 14, 1988, and February 27, 1989 (b) proof of publication of notice of November 14 hearing 1.5 Negotiated Sale Disclosure Statement, dated February 27, 1989 I.6 Agreement o[ Purchase end Sele, dated February 7, 1989, with eU Exhibits, es emended 1.7 Resale Agreement Regarding Oak Harbor Water end Sewer Revenue Bands, dated February 28, 1989 1.8 Public Meeting Certificate U. City Documents LKL 2.1 City Officers' Certificate LKL 2.2 Opinion of City Attorney LKL 2.3 Opinion of Bond Counsel LKL 2.4 Reliance Letter to Sabers LKL 2.5 Executed Bond and Specimen LKL 2.6 Receipt for Bonds LKL 2.7 Statement of Closing Costs RI. Seller Documata CLM/ 3.1 Bill of Sale end Acceptance to "Piachese Assets" Seller's 3.2 Assignment end Assumption of Agreements Counsel 3.3 Assignment of Easements " 3.4 Items Described in Paragraph 7 0[ Agreement " 3.5 Approval o[ Agreement by: (a) Seller's Board of Directors (b) Seller's Stockholders " 3.6 Assumption of LiabiBties Agreement " 3.7 Deposit Indemni[icntion Agreement LKL 3.8 Seller Officer's Certificate Seller's 3.9 Opinion of Seller's Counsel Counsel LK L-02/22/89-262AA-2736 DANIEL U. LIVERAIORE,JR. RICNARD E. RlE1N RICNARD I. IDTT MTRICIA D IATT ~'IWAN LIVAM ~'. LDN ALL<ORTH LIVERMORE KLEIN 8 LOTT, P. A. ATTORNEYS AT lAw I)50 CDLf lli! TOeER JACRSONVILLF, FIORIDA ]330) TELErNONE 9W/3a9~OS00 TELECOrY B0I/Oaa-0500 February 22, 1989 William E. Swdstrom Rose, Swdstrom @ Bentley 2548 Blairstone Pines Drive Tal4hassee, Florida 32301 Re: f900,000 City of Atlantic Beech, Ploride Oek Harbor Water and Sewer District Revenue Bonds Deer BitL• Following receipt of your February IS letter, I have d'LSCUSSed the matter of teciliteting your client's remerketlL~g of the Oak Harbor Bonds with Rob Hough and with representatives o[ the City, The City's response is embodied in the enclosed resolution end proposed Resale Agreement, which I believe should accommodate both the City's position that the closing should take place es scheduled on February 28th, and your client's request that the City accommodate a resale of the Bonds, which the City is williig to do provided it incur no eRpenae in doing so and does not incur any increased liability on [he Bonds. Assuming your client has a [evoreble response to this proposal, the resolution end form of ngteement will be considered Dy the City Commission at Ib regular meetiLLg on tha evening of Pebruary 27th. Anticipating a closing on Pebruery 28N, I hove prepared a proposed clositg document list, end hsve indicated a genets! assignment of raponsibillty for the City documents and Seger documents. [already hsve rough drafts of the City documenb prepared, whfeh can be tinaUzed promptly upon resehirlg a general wdentanding with your client regarding the closing end the Resale Agreement. S[pi~Jn~/ce~(1r{.e~(l,/y,/~,~10/~//~ ~~~IL~~~/~~ NISU VIE . JS~'r'~ `s`r'Trv D UI.Tr/gD-282AA-2738 ec: RoD Hough Dick Pellows Claude Mullis BiH Birchfield (b) Any information given to or prepared for review by the transferees of the Bonds, and all professional services and other costs required in connection with the transfer, including but not limited to services by bond counsel, the City's attorney, engineers, end certified public accountants end printing of Bonds and selling documents, shall De oDteined at the expense of Seller or the transferees end not at the expense o[ the City. IN WITNESS WHEREOP, the Seller has caused this Agreement to be executed by its President and its official seal to be impressed hereto and attested Dy its Secretary, pursuant to the resolutions duly adopted by its Board of Directors; end the City has caused this Agreement to De executed by its authorized officers, ell pursuant to resolution duly adopted by the City Commission of the City of Atlantic Beach, Florida, as of this day of February, 1989. Signed, sealed and delivered in the presence of: ATLANTIC UTIL177E3 OF JACKSONVILLE, iNC. Signed, sealed anal delivered in the presence of: Approved as to form and content: eu .. u is, City Attorney LK L-02/22 /89-262 A A-2738 By: President Attest: Secretary (As to Seller) THE CITY OP ATLANTIC BEACH, PLORIDA Attest: Clerk (As to'City) _2_ RESALE AGREEMENT REGARDING OAK HARBOR ~~' WATER_AND SEWER REVENUE BONDS \\\ ~~, This Agreement is made between the CRY OF ATLANTIC BBACH~ PLORmA ("City") and ATLANTIC U7'ILt•1'IE3 OP 7ACKSONVILLE, INC. ("Seller"). NHB8EA3, Seller and City entered into an Agreement of Purchase and Sele dated February 7, 1999, which provided for a closing by March 1, 1989 relating to the sale of certain assets by the Seller to the City in exchange for certain Oak Harbor Water end Sewer District Revenue Bonds ("Bonds"); end NHEREA3, Seller has recently advised the City that it desires to market and sell the Bonds to third parties in the near future; end NHERHA3, Seller end City desire to close the transaction in the form described in the Agreement of Purchase and Sele, and to agree to certain modifications in the future to facilitate the desires o[ Seller; NON THBRBPORB, Seller end City agree as follows: 1. Seller and City agree to close the purchase end sale pursuant to the Agreement of Purchase end Sele dated February 7, 1989, the closing to take place on February 28, 1989, in accordance with the terms of the Agreement of Purchase end Sale and Ordinance No. 80-88-37, enacted by the City authorizing the issuance of the Bonds and purchase of the assets described in the Agreement o[ Purchase end Sele. 2. At the request of Seller [o8owing the closing, the City will agree to modify Ordinance 80-88-37 to: A. provide for division of the Bonds into f5,000 denominations or integral multiples thereof; B. ellminete the references in Ordinance No. 90-88-37 to detenses and set-offs which City may have agairet Seller; C. eliminate restrictions on transfer of Bonds; and D. increase the debt service coverage ratio from 110% es provided in Ordinance No. 80-88-37 to not exceeding 120%. The City's agreement to modify the Ordinance ss above described is subject to the conditions that: (e) Seller or prospective transferees of the Bonds shaD deliver to the City an opinion of counsel by counsel acceptable to the City that the amendments and the initial transfer from Seller to other comply with ell applicable Federal end State securities laws, rules and regulations, and LKL-02/22/89-262AA-2738 -1- '~ - ': ~: }t,.. ! { %,., ) ~~ ryl t ~ r n N f f If ° q_s ~ rx-r - t f~ ..o ~ _ r~ ° ~' 1 . . `E_ ~~ i )t i fl ~ ~ SCI .-s ~ I - 1 c~~) ' rt ~a I. yk1 .; ,g- ,° _ ;;:. ~ , -I. III _ 1,:. f . 7, 1'5r - ~~ -- T T T T T TI+ T- y O- .y- -1 I ei 66 ! 9 0 1 2] 1 9 6 7 e / .._ __ _ 1 eT I~~ f : • . ~ • r) 152 LINK]IOE DNIVE / 61 .i / ~l • 1 • .. • . f • . • 1 60 i 13 41 29 2i u I2 II 10 9 9 T \ I f I yg ~ 16 1y 3 29 26 r IS 6 I f ., e. ^ f e. ~ f 1 Sf ¢ 17 12 ~ )0 23 0 11 ~r ur• 1 9 1f 11 !I 21 ly WATEN 1 \\ • ~ .. • . ° ° • ~ ... - 1 ST ° 1f a i2 23 r le B y6 z 10 x 6EMEA ; ~r f •. C. i f rt. ~ f ~ y5 n SO yg ie SS 22 z_ IT PLANT 2 .!i x: I!~ o t~ 4 ° -•) ~ 161 ]I S! ~ ]4 21 ~ le 1 • -f 1 N I ]] 3T ]! 33 20 19 ~ _T~ I ~~~~ Z ~~. w•N I 1 ~~- _ ~IT 1 1 90 T6 ° 21 .3. .t ~°.. .rr Nro. _ ) 322 ~ ' a .. " ...... N... r. wan .. xt If 4 i 3 ) 2 1 _O ••••3:C\Y,SI~e. n r n ~ °ej •• t•f. 1 15EW LAKEi ~ cINCL I '•V a'1 12222 '1 ~ pl. NI + = 1. fl •I- ~~r n n `~I o )4) 2 0s ~._ x I ° f~l - _ !f r0 :: n a 1 l 2 3 6 raj n K 1] a L fC ! i n f r=• I. _ qtr°~ f 1 1 ]1~ 3i 3 i~21 11 .r ~: ~ J yMEY \ ] 6 R r r f •17 t i •~ ° r I 4~ 99 ] , PELICAN IEY 15 K \ ° : r 8 ; t - - ~ .._ r. 1 Bib / \\' T g ~is °` i rear ~ f _' r}7 i' .. a ,Q. I _ 1~I I g J. z x n f • T • n: ~sa . ,~~t xf o .' 1 ®eB BE a9 AI 3 X20 LII TPe Si KEt, N °0 ~f 'f R fj 1 B136T B I) 131 11 (1113 ~x o 'O ~r ~r ~ ~ TT 2 i f y ~ , bi ~B~ LLRE3-- EI CLE f''= ~ 111111 i 1 N K'f f, rb - - ~ 'L0~-1 a• t[ }~1• 'at IELVA 1111 )) ) )) ) __ - ° °if » ; >, „~ . II 1 yy 1• S 321 9816 1] ~1 __ _ .} c 8 _ 1 y31 T --- ~ ~ Iff>_J.° to " •F e2 s 1 9 ____ ____ 1 Wf r ~~ p f °~f t' i °~ R f .~ 1~ lfaN I 1 1 If l•lf if~~i_ ~ .'•~~.f f~,f,~~r~Q ....r ..NV1 . A£PIAI~ f~u~7"7/;'• 3G' tdtoeuiE i LnU/ACr TANK ~--~} 90'L8/ SECGIIDAR,Y C[A.eo-7EQS~2.2SFR,~ F.J.. ~N l ~ -- ~ 5[uDGE PvMP/NG Sao ~ ~ , i fAGLI f r (•j S MGD~ . ._~ I y t'I ..~ c n.e. ~.. ~+h + STING P ANT (2) z.2s MG2 '~ - F ~ I~ caRRouset 10 ACR ,,,~ ..- - ~ AE~tanoN T~cS 1 .T• .f"I'I. .~ I . ~wc~r~ ~\ ~i ~~fl u r~ r }' f ". ~ . ,_ e, G'">~ ,.,..~ DEWA7ER/NbJ I ~^~' ~ulo0'-- SMITH iwo GI6l,E5P1E •""iO. c~ccin ~~n ENGINEERS. ING. ?,~oD,A00 GAL. STORAGE TAA{f' ~ ~ ~-r p a ~ E~'ISTING~ c a ao / 10 AC r O ao / ~~ C2) ADDY OIGEfTELs 0. MD'C Grc~ei7TE,~ S[?EF,L7AG ~~RE ~MGD) (Z) A~D'L SLUQiE BPDS 6 ,e~xn~ .. .. , ~ SMITM AND GIL LES PIE ENGIN EER $.IN C. CStyroflACLenCiCa Be ath[y Cemmi661ene r6 SAG Proj ett No. ESOS-12-O1 February 23, 1989-..Page 2 To resolve any concerns which the City may have regarding the adequacy of available land at the treatment plant Bice for ell future expansion or process treatment upgrading, ve would recommend that the Clty, at a minimum, try co purchase Che lots in the ch ird option, end if funding is available, proceed to purchase all the lots included in the first and second option. We are enclosing an exhibit which indicates Che Land in question for the first two options and from which the land discussed in the third option can readily be determined. We hope that we will be able co continue to work with the City towards the expansion of [heir wastewater facilities to meet the future needs of the City's regional service area. Should you have any questions concerning this or any other matter, please do not hesitate to contact us. Sincerely, /I'I(_~~ /~ Benj amain Did i~ery, £.E., ASLA SMI'IN AND CILLESPIE ENGINEERS, INC. BDA/kb Enclosure cc: Mrs. Naureen King, City Clerk Claude L. Nullis, Esquire, City Attorney Mr. Don Ford, Director of Public Services ~ - SMITH ANG GiLLEa PiE ENGIH EERS.IN C. r orncE eo: taut JnCNaO rvv,LL E. rLOaID~ 3220 l _ I90 ~1 l9)-6 p60 J February 23, 1989 Honorable Nayor and City Commissioners City of Atlantic Beach Post Office Drawer 25 A[lant is Beach, Florida 32233 At[ent ion: Nt. Richard C. Fe llovs City Manager Subj etc: Wastewater Treatment P1anL Expansion SdG Project No. 8565-12-01 Atlantic Beach, Florida Dear Nayor Gull iford and Nembe rs of the Commission: As requested by the City Commission at its workshop meeting on January 30, 1989, ve have evaluated the possibility of the City acquiring additional land adjacent co the City's Na1n Nastewater Treatment Plant and offer [he following information for the City's consideration. The existing treatment plant site is approximately 10 acres in land area. Although Smith and Gillespie Engineers, Inc., feels confident that ve can design the necessary improvements to expand the existing plant to 6.5 NGD by utilizing [he Carrousel Treatment Process, there are additional parcels of land adjacent Co [he treatment plant which the City could purchase which would provide the Lity with adequate land area to consider alternate treatment process options and provide a more extensive buffer area between the plant and the adj aeent residential areas. This land would also be available for use should the City be required to upgrade their degree of treatment in the 21st century. We would retomend several options to the City for purchasing parcels of lend adj scent to the treatment plant. Option 1 would be to purchase the remaining lots which front on Jordan Street and reclaim the right-of-way of Jordan Street. Phis would give the Ci[y an additional 0.82 acres of land. However, i[ should be noted that this would be an expensive option due to the presence of cvo 2-story Drick apartment buildings, which greatly increases the present value of the property. Option 2 would be to purchase all land east of Francis St zee t, which would also include the lots discussed in the first option. This would give the City and additional 1.88 acres of land. Again, this option would be relatively expensive due to the two 2-story brick apartment buildings. A third option (not detailed on attached exhibit) would be to purchase only the four northern-most lots along Francis Street, for a total of approximately O. it acres of land. This option should be the least costly of the three. AYABDS COMfI1TEE MP.EFINC lQMO7FS The Awards Committee met on Friday, February 24, 1989 at 2 P. M. in [he afternoon 1n the Ci[y Commission Meeting Room City Nall for [he purpose of receiving bids for the flow meter and vault for [he Buccaneer Waste Water Treatment Plan[. Present were Commissioner Glenn Edwards, City Manager Richard Fellows, Public Services Director Ford, Buccaneer Division Chief McNally. Finance Director Royal vas off for [he afternoon. Only one bid was received [hat being the bid of Meadors Construe cion Company of Jacksonville. Meadors bid was $14, I00 and he anticipated approximately ninety days to complete the job. Further discussion ensued among the committee members and it vas pointed ouc the bid specifications and invicacions had been mailed out [o eight firms but only one firm had bid. After further discussion and considering the bid price was less Chan escimaced by [he engineer [he committee voted [o recommend [o [he Ci Cy Commission that a contract be awarded to Headors Cons [ruction Company of Jacksonville, Florida in the amount of $I4,I00 for the construction of [he necessary facilities and furnishing of the necessary equipment for [he floe meter installation of [he Buccaneer Waste Water Treatment Plan[. ,_ r~• , 6) There shall be no pedeetrian ar vehiculsr traffic, noise, "' vibration, glare, fuw¢e, odors or electrical Snterference as a result of the howe occupation. 7) The fo11or1ng are typical occupations that way be acceptable as howe occupationw: Accountant, architect, artist, attorney, bookkeeper, conwultant, •uctfoneer, seustress or tailor, inwurance agent, wuwie Snstructor, photographer, piano tuner, real estate agent, wecretariwl services, telephone ansrerinfl eerlvice, hobby/crafts foot involving heavy vqufpwent ). B) If at any tfwe there Se a cowplalnt of noncowpliance of the above rhlch 1^ sustained, the convenience license say be revoked. (b) Howe occupations exlstinfl •t the tiwa thin section ie adopted rill eowply substantially rith the standards of this section on or bsfore April 1, 1990. Section 2. This ordinance shall take effect upon its adoption. Paaaed by the City Cowwiasfon on first Psased by the City Cowwfeeion on second and final readf ng____ _________________________ Yilllaw I. 6ulliford, Jr. Mayor, Presiding OSf icer Approved as to Fors and Correctness: _________________________________ Claude L. flullie, City Attorney (SEAL) ATTEST: ________________________ Maureen King, City Clerk ~,.: '~ u~ __ ORDINANCE NO 90-88-108 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-159, HOME OCCUPATION REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY LOMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 29, Article III, Divlelon 7, Section 24-159 1e hereby awvnded to read ae tollors: CHAPTER 24 20NING AND SUBDIVISION REGULATIONS ARTICLE III, 20NIN6 AND SUBDIVISION REGULATIONS DIVISION 7, SUPPLEMENTARY REGULATIONS Src. 24-159. Hoa¢ Occupations Intent. To recognize the need far people to conduct swell-scale business activities at hove chile preserving the character of residential neighborhoods and winiwizing traffic and non- residential disturbances. fa> A hose occupation that Ss solely used for the purpose of recelvlnB Phone calls and keeping buaineea records in connection rith any profeaeion or occupation or any business activity of a sedentary nature, as 1leted in f7) balor, eAall be perwitted in all residential dlatriete and shall require v •eonv¢nience licenae•. All other bueineae activities shall by restricted to Lhe cossercial dfatrlcte. The folloring regulations shall apply to Howe Occupations: 1) The howe address of thr licensee eAall not appear in tAe telepAone book, on letterhead, checks ur any type of advertlaing. 2) No one other than iwwedlete fawl3y wrwbrrs residing on the prewisra shall be involved in the occupation. 3> TAr occupation shall by eonduetrd entirely rlthln the drelling and there shall br no outside storage or outside uer of equipwrnt or waterials. 4) No wore than one tl> roow of the drelling shall be u~rd to conduct thr occupation, provided the area of that raow does not excerd 25X of the total living arcs of the drelling. 3) No external sign or evidence that tAe drelling Ss Deing used for the howe occupation shall be ellored. HOME OCCUPATION. ..page 2 Following further discueslon i[ was the consensus of the committee that an ordinance should be drafted along the lines of the provisions contained in [he draft ordinance including those items previously dlacuesed and prepare for action of the City Commission on February 27. In closing the committee agreed the City Clerk's office which handles the octupa[ianai licensee and would also handle the convenience licensee would prepare a copy of the ordimnce which would be presented to each person app lying for a convenience license who would be required to sign that they understood the provisions of [he ordi~nce and then the inapectian officer would verify they were in compliance during hie or her monthly checks. The committee also Sna[ructed the Clerk [o notify by letter those persons who had been granted exception by the City Commission and who had not ye[ paid their licensee and notify them they had thirty days in which [o pay [heir license or the exception would be repealed. There being no further d16CweaiOn the meeting vas adjourned at 11:45 a.m. Bm~ occoeexlou M~r1Mc The committee appointed by the Mayor co research the present ordinance relative to home occupations met for its second meeting February l6, 1989. The meeting was called to order at 10:55 a.m. by the Chairman, Commissioner Adelaide Tucker. Also present yete Ru[h Gregg, Dorothy Kerber, Community Development Director Mgers. City Clerk King, Commissioner Glenn Edwards and City Manager Richard Fellove. The Chairman opened the meeting and asked the CSty Manager to report on his conversations with the Ci[y Attorney relative [o phasing out certain home occupations should a new ordinance be adopted. The Cicy Manager reported he had diecuaeed this with the City Attorney and based on the facts of each case it was his opinion chat these hove occupations could be phased out over a reasonable period of time. Discussion Chen ensued on the draft details fora new home occupation ordinance. During discussion member Dorothy Kerber pointed out she felt many of these home occupations were filed by people who vets attemp[iag to keep from having [o pay for a rented commercial office. Co®iaeioner Edwards echoed that due to [his fact in [he economics the situation tould only get worse if i[ is allowed [o proliferate. Further discussion ensued relative to what other cities were doing in regards [o home occupations and how the City of Atlantic Beach would go about enforcement and inspection. Discuseione also were held regarding a number of people and businesses who had made applications for exceptions for home occupations and who had had these exceptions granted by the City Commission and who had still not obtained the necessary liceoae. As discussion continued a suggestion vas made by Commissioner Edyarde that we might van[ to go back and readopt the ordinances yhieh were in place prior Co 1982. Chairman Tucker replied the proposed ordinance ae presented by the Community Development Director would pretty well cover the situatlom similar to the way is vas in 1982 and therefore she felt that would not be necessary. Further discussion ensued and the City Manager vas asked to check vich the Atlantic Beach Police Department [o see whether or not one of Che Atlantic Beach Reserve Officers might be used on a monthly baeie to inspect businesses and home occupations for convenience licensee and occupational licenses. As each S[em of the proposed ordinance vas diecuaeed a number of suggestions were made such as adding Che provision that all current home occupation personnel moat come info camel lance with the new ordinance no later than April 1, 1990. The committee also decided to recommend that a convenience license could be alloyed in any residential area and co Include in the proposed ordinance item number six from the Port Pierce code which had co do with eleccrical interference etc. 6) There shall be no pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or electrical interference ae a result of the home occupation. 7) the folloring are typical occupations that may be acceptable as home occupations: Accountant, arohlt¢ct, artist, ai#orney, bookkeeper, consultant, auetlone¢r, eeame[reea or tailor, insurance agent, music instructor, photographer, piano tuner, real estate agent, seer¢tarial services, telephone anevering serivc ¢, hobby/crafts (not Snvolving heavy equipment). B) Ii at any time there is a complaint ei noncompliance of the above rhich Se euetain¢d, the convenience license may be revoked. <b) Home occupations existing at the time this section ie adopted rill comply subatsntfelly rith th¢ standards of this section on or before Apr11 1, 1990. SecLlon 2. Thlrs ordinance 01.011 toke efiecL upon 1Lrs ndupLtun. Passed by the City Commiaeion on first reading______________ Passed Dy the City Commiaeion on second and final reading Milliam I. Gulliford, Jr. Mayor, Presiding OiEicer Approved as to Form and Correctness: Claude L. flulli e, City Attorney (SEAL) ATTEST: Maureen King, City Clerk •p= ORDINANCE HO 90-BB-13B 1 ~i~ r AM ORDINANCE AMENDING THE ORDINANCE LODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-159, HOME OCCUPATION REGULATIONS; 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, Divleion 7, Section 29-159 is hereby nmend¢d to read ee follora: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE III, 20NING AND SUBDIVISION REGULATIONS DIVISION 7, SUPPLEMENTARY REGULATIONS Sec. 24-159. Nome Occupations Intent. To recognize the need for people to conduct small-scale Dusinese activities at home rhile preserving the character of residential neighborhoods and minimizing traff ie and non- residential disturbances. fa) A home occupation that is solely used for the purpose of receiving phone calls and keeping business records in connection rith any profemeion or occupation or any Dusinese activity of a sedentary natur ¢, ae listed in (7) belor, shall be permitted Sn all residential districts and shall require a 'convenience license •. All other business activities shall be r¢etricted to the comwercial districts. The following regulations shall apply to Home Occupations: 1) The home address of the licensee shall not appear in the telephone book, on letterhead, checks or any type of adV¢rtieing. 2) No one other than immediate family members reelding on the premises shall be involved Sn the occupation. 1 i/~+'~':<!t• ~' v -„~.6 ~.<, . o 3) The occupation shall be conducted entirely rlthin the drelling and there shell be no outside storage or outside use of equipment or materials. 4> No more than on¢ fl) room of the drelling shall 6e used to conduct the occupation, provided the area of that room does not exceed 25X of the total living area of the drelling. 5> No external sign or eVldence that the drelling is being used for the home occupation shall be alloyed. The Avarde Corit[ee met on Nedneaday, February 22, 1989 at 3 o'clock in the afternoon to receive bide for fencing a[ the Public Yorke facility. Present were Corieaioner Alan Jensen sitting Sn for Corfeeiooer Glenn Edwards who vas out of the City. Also present were Publi< Services DSreetor Ford and City Manager Pellwa. Flmnee Director Royal vas off for the day. Bide received were as follova: George F. Coyle b Sona 59,281.25 Newsome Fence Company (9,790.00 Allied Pence Co~any :9,975.00 After diacueaing the meter it raa the conaeneue of the corit tee [hat the lowest and beet 61d roe that of George P. Coyle 6 Sone at ~6. 75 per lineal foot for a total price of 59.281.25. Public Services Director Ford is to get with FSmnce Director Royal to work out [he fimncing. and report back Co the City Namger for preaenta[Scn to the Clty Coriaeion. There being no further business the comit[ee vas adjourned at 3:15 P. N. k r ^ ~~.= CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NU NBER: 89-04 PU ND: Police Trust Fund _______________________________ ACCOUNT NO. ACCOUNT TITLE ___________ ______________________ 612529-3500 Investigations 61-351-2000 Coaf isc aced Property TOTALS EFFECTIVE DATE: 02-28-89 EXPENDITURES REVENUES DEBIT CREDIT DEBIT CREDIT 2,500 2,500 2,500 0 0 2,500 EXPLANATT_ON: To provide budget for additional police investigative work. PREPARED BY: Harry E. Royal. Finance Director INITIATED BY: Richard C. Fellows, CiCy Nenager COMMISSION ACTION REQUIRED: Yes DATE PREPAAED:02-27-89 t ~ ....... ~~ J YBSOLeIIOl1 lp. 89-8 A BESOLUTIOY TRANSFEBBIBG CBRTAIB lfDEIP_e.-+ BE1W8Fli PDlelS WHEREAS, the Cicy Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary Sncreases end transfers from one fund [o another, and ' WHEREAS, the nature of budgetary systems and Chase day to day decislona affecting such budgetary systems require ad~uetment from time to time. NOW. THEREFORE, BE IT RESOLVED by Che Cicy Commission of the Ci[y of Atlantic Beach, that the attached Budge[ Ad,J ustment No. 89-04 be approved for the 1989-90 budge[. Adopted by the City Commiss ion February 27, 1989. .. • • • • • f • e Wil lfa I G 111E rd J Mayor Presiding Officer Approved as [o form and correctness: Claude L. Mullis. City A[[orney ATTEST: Tlaureen KSng, City Clerk ' N .. ,, r CITY OF ATLANTIC BEACH BUDGET ADJUBTNENT NUMBER: 89-03 EFFECTIVE DP.T E: 02-28-89 FUND: Capital Projects EXPENDITURES REVENUES __________________ _______________ i ACCOUNT t10. ACCOUNT TITLE DEBIT CREDIT DEBIT CREDIT 30-541-6300 Imp.Other Than HLdg. 6.100 ', 30-384-1002 Municipal Loan 6,100 '. TOTALS __________________________________ 6,100 0 0 6,100 EXPLANATION: To provide budge[ for basketball courCS at Russell and Donner Parks which arein bed need of repair or replacement. Excess earnings from the Florida Municipal Loan will fund this project. PREPARED BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellows, City Nanagec COMMISSION ACTION REQUIRED: Yes DATE PREPARED:02-27-89 ________ ________ } 6 (~ n lR.gOLR[IOM 80. 89-7 C A 1E.90LDIION TRA85FBRBISC c~TAIa MOIfIPS BBTYRBl1 F08DS i WHEREAS, the City Chaz[er of the City of Atlantic Beach requires [ha[ the City Commission approve all budge Cary increases and cranafeta from one fund Co another, and WHEREAS, [he nature of budgetary systems and those dey to .lay decisions affecting such budgetary systems require ad]ustment from time co time, NOW, THEREFORE, BE IT RESOLVED by fhe C1[y Commission of the City of Atlantic Beach, that the attached Budget Ad}ustment No. 89-03 be approved for the L989-90 budget. Adopted by the City Commission February 27, 1989. William I. Gulliford, Jt., Mayor, PrealdinR Officer Approved as to form and correctness: Claude L. Mullis, City Attorney ATTEST: Maureen King, City Clerk ~ NUMBER: FUND: CITY OF ATLANTIC BEACN 6UDGE1' AGJUSTMENT 89-02 EFFECTIVE DATE: 02-22-89 ___________ ________ General Fund _______________________________ ACCOUNT IrO. ACCOUNT TITLE 01-512-1100 01-512-1500 01-512-2100 01-512-2200 01-512-2300 01-512-2400 01-510-4900 Salaries Special Pey F.I.C.A. Pensions Life Insurance Worker's Compensation Other Curzent Charges TOTALS E%PENDITU RES REVENUES __________________ _______________ DEBIT CREDIT DEBIT CREDIT ________ ________ _______ ________ 3.127 63 235 469 15 16 3,925 3,925 3,925 0 0 ERPLANATION: To provide budget for a 6$ raise for the City Hanager. I PREPARED BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellova, City Hanager COMHISSIOH ACTION REQUIRED: Yes i DATE PREPARED:02-27-89 ___-____ •np~4 .ESOLDTIOR A0. 89-9 O A BGSOLUTION TRANSFEYRING C8R'rAIll MOIIIPS DBIYEPA YD18)S WHEREAS, the CSty Charter of the City of At lancic Beach requires that Che City Commission approve all budgetary increases and transfers from one fund [o another, and WHEREAS, [he nature of budgetary systems and those day [o day decisions affecting such budgetary systems require adjustment from time [o time, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, chat the attached Budges Adjustment No. 89-02 be approved for the 1989-90 budget. Adopted by the City Commission February 27, 1989. x t * • t • + • • • • a + William I Gulliford 7 Mayor Presiding Officer Approved as to form and correctness: Claude L. Mullis. City Attorney AT'[EST: Maureen Ring, City Clerk Y C Y Mahry Construction 2311 Barefoot Trace P.t lantic Beach, FL 32233 January 21, 7989 Ms. Renee Angers City of Atlantic Beach Building Dept. Atlantic Beath, FL 32233 Dear Ms. Angers: we would like to request a variance on our property, 60 N. 9th St., Lot 7 Blk 39. we realize that sewer will be installed in the near future and we would plumb our building to be ready for city hookup when it becomes available. Your consideration in this matter would be greatly aDPrec fated. S'ncere y, ~~ St phen H. Mabry ~~Z~• ~ 7~7~-~2 Marie J. Mabry ~/ JHIV '( IJjJ Building and Zoning CIT`! OE RTLRNTIC EERCH SCHEDULE OF °'UN ERNK IfJ'JESTMENT GRINS /LOSSES JRNURR`/ 1969 F` . - kERLI:ED UIJkERLITED 7. GRINS/(LOSSES> GRINS/(LOSSES) f ______________ _..__ __ Current Mc•rith Eook value 1, 6~7, 905. 00 x Current Mc•nth Market Values 1. 74 i, 346. 04 Prior Menth Eoek Value 1, G57. B:'.6.15 Prior Mc•nth Market Valuc- _____________ 1.70:'.346.66 ____ Market Value Gain/(Loss) 46,99 ). 3B Unrealized Gain!(LC•ss> 7B•8~ ______ T~•~='_ Urrealized Gain/(LCres) 46,'720.53 F•r. Mth. Realized Gains/Lc•sses E.N. 5,9&B. 29 Fr. Mth. Unrealized Gains/Losses G. E, 10. 741. ON Current Mth. Gains/LGSSeS End. Ealances 6,NE7. 14 57, 6G1. .3 COMPUTRTIONRL CHECK: Eeginrd ng of `tear Market Value 21, G&5,637.37 Realized Gains/Losses E.E. Y6,0G 7. 14 Unrealized Gains/Cusses E.E. 'R67,661. 53 Current Mcnth Market Value s1, 749, 346. N4 ______________ lY.r._ s Jane ,ow>-te,,.,m /3B New lighting discovery may help save declining turtles ~~~~ ud...~a errao,.s. Loggexhead tuNes may have a beau chance o[ survival - am beachside municipalities could save money on lighting bills - duoks m a UnivrssitY of Florida aatay. UFa Centu Cw Sea Tonle Research bas 6eeo examining the efCeeu o[ electric lights oa log- gerhead turtles, a Nrearcned apeties of sea wrUe that has been nesting oo sett beaches for 200 mi0ion ytan. Unfortu- nately, a rc4tirely new arrival, the ekctrk Bght, often confuses bggerhead natclthngs, according m Ifarco Bjoundal, center.direc- lw. 'Loggerheads Hatch at night.` she says, 'and imme0i- azelY had for the ocean. Toe cue Ney use is m head for the hai- zoo wiN the grcau:st illumina- tion. Oo an undevebpW beach, Ihaz will be ova the ocean, be- cause even Ne snghtest amount of natural light from Ne stars and moon wiB he re0eclW off the wave' Un[onunately, more and mare of the sore's beuhes are highly developed -and Drighdy ilrutninated by electric lights - whic6 disorients hatchlings, wiN oftea-fiW rcsdts 'When artificial lights are around, hatchlings simply aren't able ro mate it so Ne ocean,: says Bla"v Wil6eringmo, a OF doctoral candidate who directed the study which was funded by a Florida Power and Lighf Co. ~anL 'They're attracted m Ne GghO on the dmt« and head to- ward them, where Ney get caught rap ;o vegetation w cross roads and gu hit by cars w are uten by predators; fie said. Partia0y bemuse of rho[ situation, the sate loggerhead population vow stands az an es- timatcd 25,000 individuals, 'a smallu number man used m be hue; WiNcringmo says. UFS study, conductW az Melbourne Beach, sought an an• sore that bath toggvheads sod pro pk snub five with. a".... The-Feat solution - at bast tw bggaheads - is ro simply rum off the lights during the nesting season (May Nrough Augun), am some cwnmunitks have done just Nat,- WrNering- mn says. 'But, Cw SKwily rea- sons. people don't want m be N Ne dart' Unable m locale nc~ir first goal, a light that loggerheads couldn't see, the researches next studied commercially available light sources. 'Natchtings were released N Ne center of s 25-yard wide ev- cdar arena on Ne beach while being exposed to different lights. We then charted the dvations in wltich Ney moved. WC found Nat witn wnile incandescent lights apd rtd-tinted tights, Ivey were essentially disabled in their ability m fmd the ocean. Md they fazed oNy siighdy beau wiN yellow-tinted (bag) lights.' But wiN low-pressure sodiurn lighrs an unexpected develop ment occuncd. 'The hatchnngs showed a negative reaction to the monahromatic (pure color) yel- low light,' WiNeringron says. 'They evoidW it - moved away Crom it in fact, which was not really what we were exputing m see.' Expected w not, Ne discov- ery could save loggerhead, oro of Ne largest oC all sea terries which grows to an average weigh) of 300 pounds and a IengN of five fat 'The low-pressure sodium lights hold a lot of promise; Witheringron says. 'I[ we were careful where we positioned the lights on the beaches, 1 believe there would be very [cw prob- lems with hatchlings tintling Neu wey m the ocean.' Howevu, there k concern roar Ne lights might discowage female loggerheads from coming ashore m nest, he says. Center personnel Aope to investigate that possibinty next summer. The lighrs are an E«rac live proposition commercially, says energy efficiency expert Gamey Capehan, a OF cngineuing pro- fessor. 'No question, low-pressure sodium ligbu are Ne most etfi- cient type of common street - lighting available,' Capehart ~. says. A conventional mercury vapor street light uses a 400•watt bulb. You can replace the wiN a 150.watt low-pressure sodium light and get Ne same illumina- tion wiN a 62 percent savings in operating costs. Additionally, pwchase and installation costs aro shorn the same for Ne LPS lights as for conventional lighting.` One drawbact, Capchan says, u Nat 'everything loots yellow under the lights - even a pink car would appear yellow. Because of Nu, police tend m raw like Ne lights.' Witherington says Nc lights, while not perfect. may be Ne best available solution. Clearance Sale ~o° °o~~ Fall & Winter Merchandise 'Sale Items Will Be Marked Jellybean kids 277-4743 ISLAND WAIN SHOPPING CENTER 9t:eeen Pnntli a B:m.rt Nominee 1988 Business of the Year Award attnP. I would like to know what progress has occurred in studying the issue and if I can be of additional assistance. I am enclosing a copy of a recent article which describes a light study that Greenpeace is partially funding this summer. I also wish to know the status of the proposal for the lighting ozdinance. Nesting will begin in mid-May and continue through August. According to very recent information from the Department of Natural Resources, sea turtle moztality is on the increase. Nesting is showing a fluctuation in the state of Florida. Beachfront lighting ordinances are a reasonable and workable alternative used in many areas, some of which are more developed that the Jacksonville area beaches. They are needed to maximize nesting and reproductive success. It is very important that people can share the natural habitat with endangered wildlife before it's too late. S i ~erJe~~y, . ~0~ J o s/~o+n`/+ SA Sea Turtle Campaigner •pELMDE•AY$TERDMI•NIGMOR~6E•~UCNIANO•ROSTON•9RUSSELS•RUFNOS SIRES •CM1c~6O•COPENIUOEN•DUmH1 YOIIT IAUDN1OAlF • OOTNEN•ERG • NAMBUMi • LEWES - D.K. • CONDOM • LUYEMBOURO • MADND • MONTREAL • OSLO • MLMA DE MALLOROA pA1Eg • RDYE •$/JI iRMN.I$c0 • ~AMN~NGTOM gWMLD PMN BASE -ANTMDTKA SNWGM TORONTO • vNN:OUVER • VIENNA GR~~I~TPT~1C~ 102 6th Avenue North • Jacksonville Beach, FloriGa 32250 Telephone (904)241-4310 Febzuary 15, 1489 Nr. Richazd Fellows City Nanagez City of Atlantic Beach P.O. Box 25 Atlantic Beach FL 32233 Dear Nr. Fellows: Fzom September through December 1988, I wrote and met with the city managers and mayors of Atlantic Beach, Neptune Beach and Jacksonville Beach to request that the Beaches Commissions consider the passage of a 6eachEront lighting ordinance to pzotect nesting and hatching sea turtles. It appears that only Neptune Beach took any action toward developing a proposal bu[ has tabled it indefinitely. The only information I have to date is that which was printed in the local newspapers. These 6zief azticles indicate only that the commissions are studying the issue. It appears that the concerns are that such an ozdinance would hurt the zetail or commercial azeas and would decrease the safety of beachfront property owners. Please recall that 17 cities and 6 counties have enacted ordinances that affect over half of the Florida coastline. These azeas have also had to make considerations for safety and Costs. These communities had the same concerns and the same options that our beaches have. For commercial use, low pressure sodium lighting may well be the best alternative and operate at a high energy savings. Where lighting is needed, shades and shields aIe commezcially available, as well as lighting fixtures that direct the light downward towazds the property instead of seaward past the dune system. Natural barriers or structural barziezs can also block light that is needed on the property, but not on the nesting area of the beach. For homes Eacing the ocean, the economical "motion detector" (infza-red sensor light) can be used. This light comes on when the light fixture is appoached which is convenient, security effective, and relatively inexpensive. (These are available at local department stares). RECYCLED PAPER February 14, 1989 Haycbes Cablevision 1902 Seoond Ave. lbrth Jacksomrille, Florida 32250 1b Vtl~ It May Concern: I hove been a cvstcmer of Readies ~blevisirn for the past year. Prior to fiat time I had a~bectibed to two other cable services in the Jadcssonrville area. I take pride in a7 home, inclvdiig an audio/video system of superior quality. I have a television ma~itor that is cable ready a~xl has remote oontxol. Because of the slnrtc®i.rgs of Readies Cablevision's equilment, in order to have rite control with a7 cable service, i must pay your fizm and extra ;4.95 each aid every month. Rhat is ;59.40 a year above what I had to pay with other cable services. Md what do Z get for this oost7 Certainly not extra service or a feature I want. I get an outdated and ~aattractive piece of equipment that I do not need. I will not be a satisfied custcIDPS until such time that }Our equipment is modernized ar the added cost necessitated 1Ti' your ouhmdad equipment is eliminated. Wert truly yaws, 55 lakes Circle Atlantic ~ad~, Florida 32233 ce City of Atlantic Batch '116 Ocean. Blvd. Atlantic Beafi, Florida 32233 Attn: City Manager ~..:..._ PAGE EIGEiP MINUPEi FEBIaIA[lY 13, 1989 maissiaar Jeneai iiquired about the status of the permit for the Selva T,i n4cide sign at Eleventh Street and Seminole Aoad and was advised the matter had been resolved. Ne also oanoented on a letter fran Mr. Pete. Gmss, 365 Tenth Street relative to bicycle lanes arcl encan-aged the City to look further into this. Maier O~dc zepor0ad Councilman Jarboe had formed a citizens advisory ca~mittee to study the need for the tiondenood Expressway. Tfie cannittee had approximately nineteen memMrs and he was one of only two fran the tearl~es area. He solicited the support of the Crnmission aId urged anyone interested to attend the meetings which were held every second Thursday at Merrill R:ad School. Ms. Dorothy Kerber, 365 First Street said she and Cct!missioner Tucker hai attended the meetings and expressed her support of Crnmissiorer Cook aid the urgent need for the tdordecwood Expressway. Mayor GUllifozd requested a IZ°solution supporting the need for the Wonderwood Expressway be prepared to be presented to the crnmittee at their meeting of March 16, 1989, when a decision is scheduled to be Wade and he encouraged as many people as could to attend the meeting on that date. Mayor ti31; k,..~ aananed: - the resignation of Mr. Don Tapoin fran the Community Develolnent Board and asked for suggestions on a replacement; - the Beautification Crnmittee would meet on February 22, 1969 arcl still had vacancies; - - the first meeting of the Safe Neighborhoods Task Force had been scheduled for March 14, 1989. Tfie meeting was adjourned at 8:50 PM. William I. (~lliford, Jr. M;yon-Presiding Officer Maureen King, City Clerk NAME OF COMMRS. M 5 V Y V N PAGE S6NEN hIIN[71'ES - FEBRWEZY 13, 1985 Motion: Approve pa_tY.r. of OrdiriatlcQ tb. 95-89-38 m sem~d aid final readiig No discussion before the wte. 'the motion carried unanimously. D. Ordiaiazre No. 57-89-13 -Public Beariig AM 08DIl~IIfNCB AM@DING TBE 0-dl]HIfiiE ODL' OF TBE CIT1C ~' AT1AN1'IC ~1CH, FILIRID4; AM@DIlG C&1PiP.11 13 10 Am NEM SFZTiQB 13-8 A!D 13-9 10 M ,B(1IIA'lE 1EE POS`45SIQi ATD fSE ~ IR'PLICA PDi@1RS; Pli<)VIDIIX; AN FYPffi.TIVE DA'!E Mayor (~lliford presented in full, in writing, Ordinance No. 57-89-13 ce second a:d final reading. Said Ordinance was posted in aooordance with Charter requirafents. 'lhe Mayor opened the floor for a public heazing and invited cements from the audience. Since no one spoke for or against the Ordinance, the Mayor declared the public heazing closed. Motion: Approve ~+~=,~.p of n~;.+~~ No. 57-89-13 on scrod aed firul readiig No discussion before the wte. The motion carried unanimxusly. w; ~i 1,,.,o..,a Easiness '1be aty Manager reported the Consolidated City of Jacksornille was atta~pti.rxl to levy an annual water pollution maintenance fee in the artrnmt of ;600.00 against the City of Atlantic Beach and inquired as to how the Crnmission wished Itim to respond. The City Manager was authorized to write the City of Jacksonville formally denying payment of the fee and include a copy of the City Attorney's opinion. The City Attorrey and City Manager were instructed to attertQt to establish dialogue with the City of Jacksornille relative to a number of upmnuxl problems arcl the City Manager and Finance Director were requested to see if sore statistics could be developed relative to the taxing relationships between the two cities. the City Manager also reported he had received a letter from the tcmeaMmr at the DeWeese Avenue beach access requesting the dune overwalk be removed. The City Attorney had sutmitted in writing his opinion that the walkway wnstituted an allowable use of the easement and the City Manager was instructed to have the wrk on the overwalk crn~leted without further delay. OQ•i4viarer P~ic.+.ia reported on the Florida League of Cities legislative Conference in Tallahassee on ltibruary 2 and 3, 1989 and presented the 1989 Joint legislative lblicy Statement of the Florida league of Cities and the Florida Association of Counties, Dopy of which is attached hereto and made a part hereof. He was encwraged that the Counties were in agreement with the Cities on the legislative issues they supported. NAME OF COMMAS. M S V Y V N Cbcic x x Fd+ards x x Jensen x 1Yrjcrs x (irlliford x Oook x x Edferds x x Jensa~ x 1Ldozr x (irll.ifard x PAGE SIX MIN'JfF_S FEBR[IARY 13, 1989 to be followed up with additional wrk at a later date, resulting in a more expensive project. lbtim: Proud with the ~=~ as r.,rl i.,w in pptim fb. 2 of the with aid r; i i _.~,;a (import at a oust of =25,622.00 No discussion before the wte. The imtion carried unanimously. 7. Actin on Otdinan~xs A. twa: ti..e No. 57-89-14 -First Aeadirg AN OADINAN(E 183$A7'IIi'. TBE PAEBEt><E AND ~DU.T Q+ lNNOBS ON 9'II4H5 AND Olffit POBLIC PI7YSS; OEPIlDNG DNPIES ~ PA303715 OB d19H43 ]N CAId: OF lORI75: PRAIIIIIr>G EA2 OEffi7170N AND PENALCffi P[A2 VBDI]r17LIS T~F Mayor dlliford presented Ord; ~^~ No. 57-89-14 in full, in writing, on first reading. lbtirn: P.ppcwe passage of Ordinarxe No. 57-89--14 on first reading aId set for public hearirg ~~Y 27, 1989 No discussion before the vote. the motion carried unanimously. B. Ckdi~~re !b. 65-89-19 -First Beading AN 0IO1!-BVCB ^""`^, VA[7+TIIiG AND ABAliIOIiII~ TBE PAST TFA BRO14~D FIYlY-ffi(~' Pffi', M~ OR Ili. Q+ T~ ASSISI IABE RI(A~OFiAY PI(17ffiTK, OPP OF MAYPO[d' BOAR IN10 TNB Piffi' IANOING PIQTH.T AND lam, ilil0 TBe C11Y OP ATSANl'rC BP/1®A PffiSE1fAL EA".,@H~if RR DTJI.IT1TaS AND : PADVJD]NG AN EPPFZTiVE DATe+ Mayor Offliford presented Ord;~~ No. 65-89-19 in full, in writing, on first reading. Mof;T: AF4soue p+!a=~ of Dna+,u.,,,P No. 65-A9-19 on first reading a~ set for public hearing PpLsuary 27, 1989 No discussion before the vote. The notion carried unanimously. C. Ordinance No. 95-89-38 -Public Nearing AN OID]lAtiE ANB9]RIZII>S' TBE B]Sffi~K£ OP PPOPBIaII'S BETVP@1 NIIIJAM S. B7XC1V AND TBE CP1Y OP ATf]Wf1C BBHCH: PADVIDING AN PPFBCt'1VE DA08 Mayor (Llliford presented in full, in writing, Ordinance No. 95-89-38 on sernrd a:d final reading. Said Ordinance was posted in accordance with darter requirarents. The Mayor opened the floor for a public heazing and invited eanrents from the audience. Since no one spoke for oz against the Ordinance, the Mayor declazed the public heazing closed. V V NAME OF COMMAS. M 5 Y N ddc x F3rards x x Jensai x x 1ltckr_r x ra.t l i ferd x dolt x PdYards x x Jensen x x Toda'r x (yltifn~.i x Cook x 03'ar+ds x x Jensa~ z 15xioer x x nn t; in.a x PAGE FIVE MINUPES FEBRUARY 13, 1989 Motion: Award the bid to Midrael, Mright i ha.-r~~ on the 63sis the sssid ]nw bidder is the burst and best respmsible bid th meet the specifications for the rehabilitation of six sewage wetwells No discussion before the vote. 'the notion carried unanimously. C. rYfnni ~clvler Glenn Fr#.c,rrrc, Chairman of the Awards C®ittee, with a report and reca~dations relative to a contract for the oonstrrrtim of a beach doe wal]oray access at Sixteenth Street Commissioner F.iw.a,-ric reported the c<mnittee had received three bids of which the bid from Newnan Construction was the apparent law bid at E19,431.00. He explained Newman Construction was the ccrrfany hired to construct the other dune overwalks in the City and the crew was on location. Motion: 7ward oorrtract to Nti~mart rrx,~r,,,,-.;.~, in the amamt of 519,431.00, subject m the City asm.+ain;.~ it has title m the pr*?+eTiy over wlridt the overwalk is to be Brief discussion took place whereupon the City Attorney indicated he would M able to ascertain in a few days whether the City had cleaz title to the property. The bid price was good for thirty days and the City Manager would contact Newman to see if that period could be extended. Omnissiorer Jensen asked if the plans would be similaz to the werwalks which had already Men constructed. The City Manager responded in the affinretive and it was suggested the property owners adjacent to the walkways M given an opportunity to look at the plans Mfore construction is undertaken. Ceatond waters, 1635 Saninole Ea~ad, asked if there was a possibility of making the walkway wider than those already constructed as he felt the design is somewhat narrow. No further discussion. 'hie notion carried unanimously. 6. Hew wK'~ A. Discussion by the City Q+~;==im on a rec~dation of Smith aad Gillespie m a„rr..,.:> a diazge order with the omtractvr on tae major sewer relubilitatian project for re{>3ir of a major sever defect order Mayport R>3d at Lewis Street The City Manager wnfircmcl that each Cortnussioner had received the engineer's report which outlined sore options for repair of the defect. While option No. 2 cost 511,000 more than option No. 1, it was felt it would ~crmpletely solve the problem, whereas option No. 1 would take care of the inmediate problem but would probably have NAME OF COMMFiS. M S ~ V Y V N Cock x Fiisrrrre X X Jensen x x T;xixirer x firlliford x Code x x Fi#.wrric X X Jer~r x '11rJrer x r].1 l i font x y ... PAGE FOUR MINIUF~i FEEId1Al2Y 13, 1989 Consent Agenda, Its D Cannissiorer Jensen inquired how the Lifeguards mould be expected to enforce the regulations, and whether it was necessary to lock off the beach access since this was one of the few places in the city were catamarans and other such items can enter the beach. Chief Rhortpson said the lifeguards would singly explain the regulations to the jet skiers relative to the distance they must stay off shore, etc., and any problems would be referred tq the Police Department. After further discussion it was the general consensus of the Crmnission that locking the Seventh access would present too much inconvenience to the gereral public. A barricade similaz to Fifteenth Street will be installed and an effort will be made to enforce the terns of the Ordinance which prohibits the use of motor boats or motorized apparatuses within two hurclred feet of the beach. 5. ~ittee Reports: A. Commasiv~ Glsen H3rards, Cbain.~ of the lY,rards C®ittee, with a report and rec®esdatims relative to the msxd of a crntract f~ ac>~nterized hand-geld meter reading e9uiFment Crnmissioner Edwards repozted the conmittee had received five bids and each Oalmissioner had received a copy of the bid tabulation along with minutes of the crnmittee meeting, a copy of which is attached hereto and made a part hereof. Rhe minutes outlined six points of caparison of the products of the two low bidders. ~»^~+^=tion of the two low bids indicated the bid of Fadix Corporation at ;14,583 to be the best bid. t4otirn: ]bard the bid to Radix Wxporatim Eon the purrsiase of the Radix mete xeadiog syst® at a gripe of ;14,583. ~' ~ the ]coast and bF:st bid No discussion before the mote. 'D~e motion carried unanimously. B. Oziissioner Qern Edwards, gai>sen of the huatds Oo®ittee, with a report and reoo•adatipns on arard of a contract in canectirn with major sewn rowwh;7itatien of six sewage wetwells Crnmissiaier Fdrrar3s reported the crnmittee had received six bids, the apparent law bid being that of Victory Painti ~* Crnpany. Investigation by 9nith and Gillespie Engineers revealed Victory Painr;.,g Cottpany had no experieroe in painting sewage wetwells and it was therefore, the recanerdation of the engineers the bid be awarded tv the second low bidder Michael, Wright s Maclean of Jacksonville, at 559,602. 1Tis firm plans to use Pace Utilities as a sub~.ontractor. NAME OF COMMAS. M S V Y V N Cbolc z Fdards x z J®Ben z 'hs3~e x x n,rr;f „a z PAGE TtBiE['. MINUIF_S FE'EP181ARY 13, 1989 F. llc-tion hY the Cotttmisaim to grant authority for the disposal of its retroVe~ fr® At1aM.ic Beads in aocoxdatre with ~ri et;m aUtllDrl]atiQl provided bV Florida Statutes G. Actiat by the City Qsissim to authorize the adoptim of ,..,;.,wts pidce~ ~ by the Atlantic Beadt Atti~l Control Officer rdtere the proper owrers ca:xtot be located At the request of Conmissioners TUCker and Jensen respectively, items C and D Mere removed frrm the Consent Agenda. Motion: Appaure ~~ of Oztsatt Agada, with the etrceptien of It®s C and D No discussion before the vote. The :ration carried unanimwtsly. Omsatt Agada, It® C The City Manager reported the Rtlice Departrn=nt had examined the situation on First Street and it had been their recamierxlation tv restrict parking to two autarobiles and include additicnal lighting. Crnmissiorer TUCker said site felt the City had originally intended to have all street ends open for the m3xitmm atrount of parking possible, and by limiting parking at this particular access, a precedent could be set whereby residents adjacent to other beach accesses could request similar limitation of parking. Chief Tha~son stated the available space at the First Street access was rat adequate for rtore than orte vehicle, and since residents on the ocean front ~ rot enter their property through First Street, this access could be blocked without presenting an irromenience to the hrnteoacters. Ms. Barbara Bonrer, 463 Selva Ickes Circle, said she drives her grarclchildren to the beach and was not in favor of the city eliminating even one parking space. Mayor GUlliford said the city mtst balance the safety and rights of beach front pmperty owrers with the convenience of the public. Iris Weiss, 99 Beach Avenue, said since the probleris all se°tned to take place in the late night haws, she would be in favor of prohibiting parking during the night-time hours only. After further discussion, it was the general wnsensus, the city should erect signs i:dicatirg hours when parking will be prohibited and that vehicles in violation will be towed away, a:d increase tM lighting in the area. If the problem continues to exist after a month or so, the Coimdssion may need to consider closing the access to vehicular traffic. NAME OF COMMAS. M 5 V Y V N Oodc x Ad9r$5 x x Jatsat x Sttd~s x x (fit t; f.,..t x PAGE 1w0 MINUIFS FEBRJA[?Y 13, 1989 Shell Street to close off access fran Seminole Finad. There aze only four residences on that portion of Shell Street and they had all signed the petition. ltie residents would be willing to enter ald exit through Coquina. Commissioners Jensen and Cook expressed concerns about setting a precedent, feazing residenu of other areas may be prcxr~ted to request similaz barricading of streets. lt~e City Manager is to work further with Mr. lklrton on this before any decision can be made by the Commission. Mr. Jim Scheuer mnfirncrl that all ms~nbers of the Commission had received copies of the Annual Financial Report, Single Audit Report, old a letter regazding internal accounting control. He explained the audit fould everything to be in accordance with generally accepted acting principals. 4he study of the grants fould eeerytlling in crnQliance and no errors. A review of the system indicated no material weaknesses, but some pointers were made which could improve the system, old it was recommended the City develop a forleul irrvestnent policy. Mr. Scheuer rem;.vlorl the Commission that this was the final yeaz of their four-yeaz contract with the City, and cotgllimentrd the City Manager old Finance Director on the fine jobs they both have done. 4. ~t ]Mach A. Ratify the acorn of the City Manager in antw.,.; ~inl the piat3mse old ;ra*allwl-:,~ of flan meters at the se`sge txeataalt p]mlt in the am~alt of X1,600 B. Actin by the City Ctmelssirn m lfame Crs+~rt RodaJcirril as ;^m~^~ agalt of rem2d in ao~lial~oe with the terns of the Qty Manager's letter of Jaxuary 27, 1989 C. Alrthority for the Qty Ma[lager bo ,xvaorFalm .mat...,-t;... th restrict parkvlg rn First Stzeet east of Baacil Avenle and for the provision of additional lighting D. Action by the Qty (k>sissim to auF~~ the 7=_s.=.+~..; ~p tl Gild H1fDIOe actions in regard t0 jet skis m Atlantis Raa[31 a•d mltlno<ity for the Qty MaiMYjCi f0 provade l0(lOed access Oft Sevelth Strr>et E. Actin to approve the request of the American Aad Cross for a circus an the Fleet Reserve gzo~mds at ilayport Rlad and Hest Pb~ath Street Sufday, April 9. 1989 for two perfo~ces, one 6eh:aen 2:00 ofd 3:30 1M, ofd the otFnr betweal x:00 ofd 5:30 RM NAME OF COMMAS. M 5 V Y V N i ~mul>~ DE rAe ~maB~+A NF~TIN(' of TF~ ATTANPIC AFrai crrr CQ4- lQS.SIQi Bf7D AT CITY tall, Qi PFHIaaR1( 13, 1989, AT 7:15 PM PRESFNP: William 1. Gulliford, Jr., Mayor/Comnissionnr Robert B. Cook, Sr. Glenn A. Edwards Adelaide R. Tucker Alan C. Jensen, Comrissioners ARID: Richard C. Fellows, City Manager Claude L. Millis, City Attorney Maureen King, City Clerk The meeting was called to order by Ma~ror Gulliford. the invoca- tion, offered by Cartmissioner Cook, was follaed by the pledge to the flag. 1. Approval of tM m;rnMae of the regular meeting of January 23~ 1989 Mrtion: Approve m;m.foa of tM xrzlular meetitg of January 23, 1989 No discussion before the vote. the motion carried unanirous lv, 2. AecxxIIutim of Visitors None Mr. Morton explained briefly that Shell Street is unpaved and is not a thoroughfaze. It is used primarily by only a few residents. Fie presented two proposals, one of which would close that portion Of Shell Street running between DeWeese Avenue and Coquina Place, alXt the other requested a barricade be placed on Shell Street closing off access fran Seminole Road ontn Shell Street. The City Manager said M had looked into the ratter and did not anticipate any problens with proposal No. 1 since most of the residents of the area had signed the petition. The City Attorney suggested it wor~.ld be advisable fA get a Quit Claim Deed fran each of tM property owners affected so wtwn that portion of Shell Street is closed, the land crould be added to the City property to enlarge the mull triangular park. Since ro objections were expressed try the Commission, the City Manager was instructed to proceed with plans to close Shell Street between DeWeese and Coquina as outlined in proposal ~. 1. Mr. Morton said it was difficult to enter Sr~ninole Road fran Shell Street and proposal No. 2 rEgonsted the placing of a barricade on ME OF COMMAS. M o T I O N ~ S e C O N D v O T E D Y E S v O T E D N O Cook x Fi\.nrrlc ~ X X Jensen X 11x:kei x x Oulliford x :. STATUS REPORT. ..page 4 For same tiie now we have been eva lua[inq Che need for modifications and updating of our classification pay- plan. We have received a proposal from Cody and Associates for approximately 52,400 which would allow us to review all positions [o make sure [he classifications are proper, [o review pay scales in comparison with our trading area, and [o provide recommendations for any changes. We plan to undertake [his study beginning next month and we will provide the details to you. Tbree budget resolutiose are entlo sed. One has been discussed with you and provides money for a small increase in the City Manager's budget and [he other provides for emergency repairs to Che basketball courts in Donner Park and Russell Park. The [hard resolution is for drug inves[iga [SOn funds for Che police department. Ooe other ice. from the Community Development Board is a recommendation for a denial of an applica[SOn for neighborhood rezoning in the area in North Seminole Beach between Igth and 19th street. Some but noc all of [he homeowners petitioned for rezoning from RC2 to RCI. This will be an ordinance item for consideration for Monday night. $r,_ r: haves.:....... k~.,.gs._~a.x- s:. _...... '~~ STATOS REPORT...page 3 The Awards Coa~i[[ee me[ for [he opening of bids on fencing a[ [he Public Works area [o take in [he property which vas left after our exchange of property with Se lva Links ids and for construction of facilities needed a[ [he Buccaneer sever plant for an accurate flow meter. Minutes of both of these meetings are included and [hey will be a subject of the Commission's ac[fons on Monday night. Coanissioner Tucker's to~it[ee has me[ [w ice in regards [o the matter of the home occupation 1lc Buses and will be making their final repot[ to [he Commission on Monday night. We are enclosing copies of [he minutes of [he last mee[inK of that committee along with a proposed ordinance which vial 6e scheduled in accordance with your desires. Somme ~ieeellaneous pieces of information include a le [ter from a homeowner complaining about service from Beaches Cablevis ion and a follow-up piece of correspondence from Jan Johnson coordinator of Green Peace's Sea Turtle project. She is probably going to be approaching us co bring this matter back up again before Hay so I though[ ve would all want [o be Chinking about 1[. We are also enclosing a schedule of Sun Bank's report on gains on the investment of our pension funds for January 1989. Out initial investment was 51,625,000. Public hearings will be held Monday night on two ordinances. One closing the east 258 feet of Assisi Lane where it projects into Fleet Landing property and the other is [he curfew on minors under [he age of I8. Chief Thompson and I have discussed section 5 of [he ordinance relative to "special functions" [o ascertain whether or no[minors vorking at such places as Mac Donalds are covered under the term "special function". Ne feel it can cover [hat situation and will leave [he ordinance as is unless the members of the Commission vlsh i[ [o be changed [o add in employment. You have previously received data regarding engineering fees and legal fees for purposes of discussion relative to alternatives. In this regard we are scheduling the subject of engineering fees for discussion on Monday night. The developer of Ocean Terrace still has no[ gotten all of his netesary data together and therefore will not be scheduled any sooner than [he meeting of March 13. The Coaauaity Develop eat Board held their regular monthly meeting on February 21 and recommended approval of a septic tank variance for Steven Mabry in Section M. This will be an agenda item for Monday nigh[. They also discussed the developer agreement which had been referred to them by the City Commission and authorized [he Ci[y Attorney, City Manager and Community Development Director to get together to see whether or no[ such a provision mlgh[ be included in an amendment [o [he current planned use development (PUD) ordinance. We will be working on this and keep you advised. ,se,: . STATUS REPORT...page 2 the Heau[ifica[ioa Co~it[ee had [heir first meeting on February 22 and had a great turn out. Jody Ford has been appointed temporary chairman and ve anticipate some meaningful recommendations [o be forthcoming. Mr. 6eyhani the developer of Se lva Lakes vas in the office last week with one of [he homeowners whose residence backs up to Sandpiper Lane. The complaint from [he homeowner vas [ha[ people using the Donner Road pedestrian access through the sever plan[ are violating his property by climbing his fence and going through [he Selva Lakes subdivision as a short cu[. I have referred him co the Police Department with his complain[ and suggested to Mr. Revhani that signs be posted on the fence around Selva Lakes yarning [ha[ the fence surrounds private property and trespassers would be prosecuted. The resident of Selva Lakes wants us to close off Che pedestrian access as he feels this is really [he only way his problem can be resolved. When [he sever plan[ vas constructed the pedestrian access vas purposely left Co enable [hose residents living on Francis, Simmons, Ardella, etc. to come east without the necessity of having [o go down [o Maypot[ Road. We would so lic l[ some guidance and thoughts from members of the Ci[y Commission relative [o whether or not you feel [he access should be closed off. The access is color coded on the attached map. S~i[h S Gillespie has completed [heir research of the ava ilabilicy of additional land adj seen[ [o [he sewage treatment plan[. Ne are enclosing a copy of [heir letter of recommendations along with a site plan which they prepared showing existing facilities and the placement of proposed future facilities. They have also outlined [he location of op[ioral lands which might be acquired and to give you a little better picture of [he situa [fora ve have enclosed our own color Coded map shoving the areas adjacent to Che sewage treatment plant which the Ci[y owns and those lots which are under private ownership. The red brick apartments referred to in Smi [h b Gil le spie's letter occupy lots 13 and I4 block and par[ of lot 2 and all of lo[ I in block 2 on each side of Jordan S[ree[. The other lots fronting Frances Avenue contain small single family homes. I[ Ss important ve firm up the direction we plan [o take relative Co the consolidation of the plants and therefore this will be an agenda item for Monday night. 'fhe owera of [he Oak Harbor Water and Sever System wish to make some changes [o all ov for the remarketing of the bonds representing [he City's purchase price of the facility. In [his regard attorneys Mullis and Livermore have recommended the City proceed [o adopt the enclosed resolution which authorizes the execution of a resale agreement regarding [he Oak Harbor water and sever revenue bonds and lists [he items which of 11 need to be changed. This information is being forwarded [o you for your information and will be an agenda item Mond a}• night. I understand [here are no additional costs to the Cic y. ~°- February 24, 1989 M E M O R A N D U M To: The Nonorab le Mayor and City Commissioners FROM: C1[y Manager SUHSECT: STATUS REPORT Paclosed you will find your copy of [he minutes of the regular meeting of February 13 and any mail in your mailbox which you had no[ already picked up. We are also sending along to you under separate cover the schematic floor plan for the new City Hall and a letter covering same from Che architect. You will want to look this over for possible discussion on Monday night. Pollowiog through oa the Commission's recommendation relative [o the closing of Shell Street we contacted Tom Horton and he in [urn has contacted [he property owners adjacent [o Shell Co inquire into [heir feelings about donating [heir land to the Ci[y toward a larger park. We will keep you advised as this progresses. The sign has been posted on First Scree[ relative co the parking of vehicles after 9 P.M. and we have requested [he homeowners on each side of the street to get together and decide where [hey wish [o have additional lighting placed. We understand there is some conflict on [his but viii continue [o work with [he parties [o resolve it. A[ [he inattaetioua of Che City Commission ve wrote to the Department of Bio-Environmental Services in .lac ksonv ille and told [hem ve refuse [o pay [he annual sewage main[ enante fee and asked if [hey you ld send us a copy of the ordinance which purported [o give them the authority [o levy that fee within the corporate limits of Atlantic Beach. They have sent along an ordinance which I have turned over [o Che City Attorney and he may have a report for you on Monday night. Cosiasioner Edwards has been appointed to the Communications and Transportation Committee of the National League of Cities and will be attending a policy conference in Washington on }fa rch ll. -.., C. Commissioner Clenn Edwards, Chairman of the Awards committee with a report and recommendations relative to the construction - and ins[alla [Son of floe meter facilities a[ [he Buccaneer Sever Plant 5. Discussion by [he City Commission on [he consolidation of Che Buccaneer and [he Atlantic Beach Mas[e Mater Treatment Plants and an evaluation of the findl ngs contained in Smith b Cille epic's letter relative [o [he acquisition of additional property adjacent [hereto 6. Discussion by the City Commission on Che subject of engineering fees paid by the C3[y of Atlantic Beach over [he past several years and possible alternatives 7. Action on Reaolutioss: A. Introduction and adoption of a resolution authorizing [he Mayor and Clerk to execute a resale agreement regarding the Oak Na rbor Mater and Sever System 6. Aetios os Ordisasces: A. Introduction of an ordinance provid Lng for the rezoning of ocean front property in North Seminole Beach between IS[h and l9[h Street from RG2 to RGI end [he setting of a public hearing for April 10, 1989. Ordinance #90-89-I40. (Community Development Board recommends denial,) B. Ordinance 765-89-19 public hearing and final reading of an ordinance authorizing the closing of [he east 258 fee[ more or less of Assisi Lane where i[ projects into [he Fleet Landing property C. Ordinance #57-89-14 public hearing and final reading of an ordinance providing a curfew for minozs under [he age of l8 in [he CI[y of Atlantic Beach 9. Request from Sonny Marlin for a variance from the Design Standards in Seminole Reach/OCeanside Quality Developments (Architectural review committee approved) Mlseellaneoss luslcese: City Msseger ^eports: Mayor to call on City Co~issiosers, City AttorMy, City Clerk for reports/or request: Adjournment , .: CITY OY ATLANYIC BEACB BEWWt MEEYIIIG NDtlDAY, FR6EUAHY 27, 1989 AGEI®A Call to order Invocation and Pledge to the Flag 1. Approval of [he minutes of [he meeting of February l3, 1989 2. Recognic ion of visitors 3. fbasen[ Agenda: i '', A. Action by the City Commission to authorize Commissioner Clenn !i Edwards [o attend the National League of CECies Policy Comnit[ee ' on Transportation and Communlca[Ions in waahEngton D. C. ~~ on Harch ll B. Acknowledge receipt of correspondence Erom a citizen complaining about service from Beaches Cable Television C. Acknowledge receipt of correspondence from Jan Johnson coordinator of the Green Peace Sea Turtle project D. Acknowledge receipt of Sun Bank's achedu le and report on gains on the investment of pension funds for January 1989 1 ~ E. Approve a variance from the septic tank moratorium for Steven i Mabry and wife in Section H a[ 60 Ves[ 9th Street with the provision chat when public facilities become available [hey will hook thereto F. Approval of budget resolution f89-9 for an increase in the City Manager's budge[ I G. Approval of budge[ resolution 189-7 for monies to repair basketball courts in Donner Park and Russell Park H. Approval of budget resolution f 89-B for additional invest igatfons money for [he Atlantic Beach Police Department 4. Co~it[ee ieporta: ~ A. Commissioner Glenn Edwards with a report and recommendations from [he Awards Comait[ee for fencing at the Public Gorks yard B. Co®issfoner Adelaide Tucker with a report and recommendations relative [o [he findings of [he committee reviewing [he ' ordinance on home occupations INVOICE CITY OF JACKSONVILLE, FLORIDA GENERAL ACCOLNffING DIVISION e RICHARD C. FELLOWS CITY MGR. i I P.O. BOX 25 L ~ L T ATLANTIC BCH FL 32233 0000 0 SVC-CODE: 27 sen.NO:00735 INVOICE Nuu9ER 89-0067108 1 DATEE 01/30/89 nNUMBEFR 999997 I DESCRNTION INDEX Sue ~~ AMOUNT 7989 WATER POLLUTION M4INTENANCE FEE 717 715710231 729 1,680.00 PERMIT N0. D076-747946 .00 CITY OF ATL BCH .00 .00 .00 INVOICE DUE AND PAYABLE UPON RECEIPT PLEASE PAY THIS AMOUNT 1,680.00 630-3666 1 FON BigIMAT10N CONCERNING THIS BILL, vLEASE CALL 1 RETURN BOTTOM PORTION OF TNIS INVOICE WITN PATMEM IN TIE ENCLOSED ENVELOPE i mvolcE NUMBER: 89-0067 7 08 DESCRronoN 7989 WATER POLLUTION MAINTENANCE FEE MAKE CNECK PAYABLE TO. FOR TA% COLLECTORS USE ONLY: TAx COLLECTOR TRANSACTION CODE 702 ROOM 107 COUiffNOUSE J1ICKSONVIIIE, FLORIDA INDEx ND. 0007 77 32207 suesmARr No 775770237 AMOUNT ENCLOSED ~~ SUBOBJECT NO. 0729 FEpERAL TA% IW 59-60003H C4ude k Mullis, 6aq. Msy ZS, 19tt Page Two In wmmary, thew two fees era not Imposed uudee authority o! Chapter 171, Orolnanea code. Inrtdd they ere Imposed under chapters tt0 and itS, Ordinance Coda pursuant to the Nater Quality Attainment Plan. Again, I regret the delay In getting this matter rewlved, however, I have had ertremely unuwal difficulty in getting necessary Information In ordtr to render this opinion. I hasten to add that th4 opinion 4 Dased on the information furnished to me and reasoned and reawnable Interpretations thereof by other Iswyen in tAls office u well u ma. Certainly good lswyen may agree or dlwgree, but I believe thst the City of Jacbonrllle has, or hu attempted to, dtablls6 • domprahanalvs pollution control program and schedule of fed therefor on • county-wide bash. Plsw contact me et your convenlanae w that we may d4cuw th4 matter. yr Oseald A. Wer Awletant I aABrawh .~: ~~ ~_ OIIIC[ OI GENERAL COUNSEL CItY 01 JyCyiOMVILL[ JYIe[ L 4"i{[ON O00 CI1V null O[y[[Y COyY[[L J~C["OYVLLLL •LOl,Oyi00i'iyM Dw,D O. O/!T[! TrOIY[ D. r[aDa ~~"["c"~L CO1Nt[` CYlI OI F[y Y~yyD[Y[MT LITgATgY eousao~~TOC [river ". wr.r cn~[r oI unwTq. Kay ts, lees Claude L. ]lullis, Req. 4150 l.akalde Orlq, Rulte 314 Jackaonrills, P1oNda ]ft10 Deae Claude As you know, attar avenl months of our exchanging correspondence and telephone eaW and my contacting many, marry people wit4la various departments of the City of JackwnvWe government, [have finally Deea able to nacA a conclualon In regard to the original matter involving the annual "water pollution maintenance fee" and tAe mon neent matter Involving the "openting appllaatlon nvlew tae." City of Atlantlo BeyieA to C(ty o~aabonvllle 4t i~mouo4 ittvol~~ to be pall Dy without writing u anthology, tAea two teas came Into ezLtence In late 1885 sad thereafter an attempt was made to apply tAaa tea to the City of Atlantis Beach u wsB u the otAer two Deaelta Cltla sad Towh of BaWwln. (gee Ordinance B]- 1]{8-t]1 eaotlag Chapter 1]], ONhumae Code,) [t V my Mliet tAat wMn gneatiatW tM applloatloa of rhea tea aodyour htquiry wu reviewed Dy an attornej or oeaeya to th4 offles, it wu concluded that tM oNghul ordinance which impaed a~ oprfoDaDly did mt apply to tAe Desch C1tia aM Baldwin. 1'haretonr [ Delleva, charges were cancelled. ~ - . ~tioa ~Clty of 7aekaoavWe amsraled Its OMlnanee Code lu Dryer to make Ira N ameadlog ChaPt~~ p.~ andl ]!8, thdini ce Cade.)~As an I~faaace 8S-1S9S- ~~'~ peogram, the Ordlaaece Code provided for tAa Woptloneot ^at binmeat plea" wA1e4 (pjg~ Jf~L would Ittolude • soAadula of tea neaeaary to carry out the wkle-reap of aatfvitla on tM attainment plan 0o a oomry-wWe Dula. Atta~mee< P~l~ Y u to the two subJeot lea, tM eamty-wWe "water Qwilty 188y, and adopbd Dy the Rnvttnamaatal Proteotloa Board on March ]8, T"L attala~ Plan co tahu reran c~to~ m]oet grecant sehedWla{ ~ g7-401-]4S.) Cut not limited to an annual "watee pollution malntenanee tee" of 8800 OO ncaad as "opentlog ePpltcatlon nrlew fee" of 84]0.60. rr 13i Piro titart u ~' V N, , 4j ~.. " --~_ Aduntu 'BmrR. 7i 3037 ~~--- "~_ G ~ _ ..._~ a FE9 ti' ~ `__ ~fVAa1rE MPNnjc,.e.,# Ccw.r.,4k~ 7/6 Occur BI-o( /-j.~ I r,,,,,4t~ 3 <..~,1 ~ r~ 3 z z 3 3 M E M O R A N D O M TO: Harry Royal, Finance Director Donna williame, City Clerk /~/L~ula Hill, Town Clerk FROM: (f.J ,C~ude L. Mollie Date: Jenuary 31, 1989 RE: City of Jacksonville Invoices Each of you have contacted me concerning invoices received from the Consolidated city of Jacksonville requesting payment for 1989 water pollution maintenance fee. For at least ] or 4 years, you have been receiving such invoices and apparently when we questioned tha applicability of Ordinances within the territorial limits of Neptune Beach, Atlantic Beach and Baldwin, all or most of the charges ware cancelled. ordinance 88-878-468 signed by Mayor Thomas L. Hazouri on September 1, 1988 is apparently an attempt to clarify the previous Ordinances as to collection of these questionable fees. Section 1, among other things, provides that "The operation of the Consolidated Government, like any successful business, must be based on sound fiscal practices." It also provides "For purpose of Section 123.102 (c) only, ordinance Code, the environmental fees are effective countywide including within Baldwin and the beach community, and are also applicable to all units of local government including boards, commissions, enterprises and independent authorities." It is questionable whether this language is adequate to make the Ordinance applicable to Neptune Beach, Atlantic Beach and Baldwin, assuming the legal authority exists for the City of Jacksonville to do so, which we do not assume. Zt ie also worth reviewing whether the stipulation and court order in the double taxation lawsuit by the Beaches and Baldwin has been violated in that it sets forth prohibition against any other assessments and fees to be charged. I am enclosing copies of letter that I received in 1988 from Assistant Counsel Gerald A. Schneider relating to this matter. I have contacted Mr. Schneider again and asked him to review the attempt by the City of Jacksonville to collect these fees. An ancient philosopher once said "The purpose of law is to prevent the strong from always having their way" (43B.C.-A.D.lB?) Fasti. in view of the landfill problem, I suggest you contact your city managers and or mayor in this matter as it seems to surface every year and let's get it settled once and for all. If I can be of further assistance, please let me know. CLM/aj Enclosure C LAUDE L MULCTS, P. A. 134 Pine Street Atlantic Beach, FL 32233 Jannazy 31, 1989 water Management Committee City Ball Atlantic Beach, FL 32233 To whom it may concern, Our letter is two fold: 1. Protest the high garbage rate. 2. Complain about the hours of operation of the recycling trucks. In reference to the high garbage rate, we feel that since the city o£ Jacksonville has reopened the souths ide land fill and that the city of Atlantic Beach is in a volunteer recycling progzam, it is unnecessary to increase the rates that much. Since our house has only two people and one bag of garbage picked up a mazimum of 3 times during the week, we feel our household is paying more per bag than a large family that generates more garbage. An option may be a choice of a 5 day per week garbage pick up or 2 to 3 day per week pick up for a lower price for smaller families. Our concern is about the recycling truck hours of operation. These hours need to be adjusted to include the weekends or increased during the weekdays to fit the working person schedule. Thank you for your attention to these two matters. Sincerely, Lori Collins .~ _ < i- ~~. i 3>e... yx.....r~.. ` .. Passed by the City Commission on First Reading Passed by the C1cy Commission on Second Reading William I. Gulliford, Mayor, Presiding Officer Approved as to Form and Correctness: Claude L. Mullis, City Attorney (SEAL) A'fTE57: Maureen King, Cicy Clerk ', n ~.,>- :-._ ORDINANCE N0. 57-89-13 ORDINANCE AMENDING INF. ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING ' CHAPTER 13 TO ADD NEW SECTIONS 13-8 S 13-9 TO REGULATE THE POSSESSION AND USE OF REPLICA FIRE ARKS; PROVIDING AN EPFECTIVE DATE ' WHEREAS, [he possession and use of replica fire arms has proliferated in recent years in this community; and WHEREAS, needless loss of life, including [he lives of children, has occurred across the United Slates due [o toy guns being mistaken for real guns; and, WHEREAS, such replica fire arms Cannot be distinguished from actual fire arms; and, WHEREAS, when such replica fire arms are perceived as actual fire arms, fear and dangerous defensive actions result; NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF ATLANTIC REACH, FLORIDA DOES HERESY ORDAIN AS FOLLOWS: Sectinn 1. Chapter 13 Ss hereby amended to add Subsection 13-8 and 13-9 which shall read as follows: CHAPTER l3 OFFENSES a the drm in [he prese nc¢ of 8 18v Section 2. This ordinance shall Cake effect upon its adopcion. Section 13-9. REPLICA FIRE ARKS - POSSESSION AND USE REGULATED ORDINANCE N0.95-H9-38 AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTIES BETWEEN WILLIAM S. HIXON AND THE CITY OF ATLANTIC BEACH; PROVIDING AND EFFECTIVE GATE WHEREAS, The Cicy of Atlantic Beach acquired a number of lots in Sal[alr SubdiVieion for [he creation of a passive park named Howell Park, and WHEREAS, William S. HSxon of Atlan[it Beach Duna Lot 316 Sa hair vhfch said lot fronts immediately upon the entrance to Bald park, and WHEREAS, The City of Atlantic Beach Duna Lot 305 Saltair which said lot fronts on Magnolia Street immediately [a the rear of Lo[ 316, and WHEREAS, Lot 316 being closer [o the entrance of Novell Park and therefore more 1lkely [o be utilized rather than Lot 305, and WHEREAS, William S. Hixon has indicated a vi111ngness to trade Lot 3l6 fat the City's Lot 305, NOW, T~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A71J17TIC BEACH, FLORIDA: Seetlon 1. The Clty Commission hereby authorizes [he transfer of Lot 305 Saltair, eectlon 3, plat book 10 page 16 current public records of Duval County Florida [o William S. Bixaon, 3I0 Pine Street, Atlantic Beach in ezchange for Lo[ 316 Saltair, section 3, plat book 10 page lb torrent public records Duval County Florida. Section 2. This ordinance shall take effect upon ice adoption. t t R R R R R R R R Passed by thm City Commission on firs[ reeding passed by the City Commission on second and final reading Wi113rm I. Gulliford, Mayor, Presiding Officer Approved ae to Form and Correc [Hasa: Claude L. Mullis, City Attorney (SEAL) Maureen RSag, City Clerk .le.._ i -:. ;: E r ,. _---° OIIDINANCB N0. 65-89-19 AN ONDINANCE CLOSING, VACA7INC AND ASAImONING TBH BASS T510 801mR® PTPS!-BIGNS PEES MDRE O1 LBSS OP iNB ASSISI LANE IICNi-OP-YAY P10.TEC[ING OPP OP 11A7PONY NOAD INTO T'HE riB87 LANDING PNOJBCS AND NPSBBVING UIRD 7NE GIST OP A7LANSIC SPACN A PBRPBTOAL PASBl~i[ P06 UTILI7IFS AND DNAINAGB; PtOVIDING AN EPPP.CfIVB DA7B WHEREAS, [he CI[y of Aclanclc Beach is the over of a 60 foot right-of-vay extending east off of Mayport Road a distance of 558 fee[ more or lees named Assisi Lane, and WHEREAS, the developers of Fleet Landing have requested the portion of the righC-of-vay extending inside the boundaries of the project be closed and vacated, and WHEREAS, the City of Aclantlc Beach has determined [here will be no adverse public effect upon [he vacation and closing of said righC-of-vay, NOW, THEREFORE, BE IT ORDAINED BY 7HE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The east 258 feet of [he Assisi Lane right-of-vay extending east ,off of Mayport Road toward the project known as Fleet Landing 35 hereby closed, vacated and abandoned in all respects with the exception the City of Atlantic Beach reserves a perpe tool easement for drainage and utilities across said right-of-vay. Section 2. This ordinance sha71 take effet[ upon 1[s adoption. • R * • * k e Passed by [he CSty Commission on firs[ reading Passed by [he Ci[y Co®ission on second and final reading William I. Gulliford, Mayor Presiding Officer Approved ae to Porm and Correctness: Claude L. Nullle, City Attorney (SEAL) Maureen King, City Clerk !s. - ORDINANCE NO. 57-89-14 AN ORDINANCE REGULATING THE PRESENCE AND CONDUCT OF riINORS ON STREETS AND OTHER PUBLIC PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN CARE OF MINORS; PROVIDING FOR DETENTION AND PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, juvenile delinquency has increased in the City of Atlantic Beach, and WHEREAS, there has been an increase of abuse and damage to parka, playgrounds end other property of the City of Atlantic Beach, and WHEREAS, there is need for governing theconduct of minors in the City for the purpose of alleviating the problem of juvenile delinquency, and WHEREAS, it is in the public interest to reduce noises and disturbances et late hours, and to prevent the reckless and noisy operation of motor vehicles at late hours within the City of Atlantic Beach. NOW THEREFORE, be it ordained by the City Council: Section 1. Short Title. This ordinance shall be known and my be cited as the "Ordinance Regulating The Presence and Conduct of Minors On Streets And Public Places." Section 2. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. (n) City is the City of Atlantic Beach. (b) riinor is any parson under the age of eighteen (1H). (c) Parent Sa the natural or adoptive parent of a minor. (d) Guerdian ie any person other than a parent, who has legal guardianship of a minor. (e) Custodian is any parson over the age of eighteen (1H) vho is in loco parentis to a juvenile. (P) Pubiic Plnce shall menn any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, antartainment,~ or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool rooa, shopping center and any w ~..__ . __ ~ ~~ ORDINANCE NO. 57-89-14 AN ORDINANCE REGULATING THE PRESENCE AND CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC PLACES; DEFINING DUTIES OF PARENTS OR OTHERS ZN CARE OF MINORS; PROVIDING FOR DETENTION AND PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, juvenile delinquency has increased in the City of Atlantic Heach, and WHEREAS, there has been an increase of abuse and damage to parks, playgrounds and other property of the City of Atlantic Beach, and WHEREAS, there ie need for governing the conduct of minors in th• City for the purpose of alleviating the problem of juvenile delinquency, and WHEREAS, it is in the public interest to reduce noises and disturbances at late hours, and to prevent the reckless and noisy operntion of motor vehicles at late hours within the City of Atlantic Beach. NOW THEREFORE, be it ordained by the City Council: Section 1. Short Title. This ordinance shall be known and my be cited as the "Ordinance Regulating The Presence and Conduct of Minors On Streets And Public Places." Section 2. Definit o s. For the purposes of this ordinance, the tollowlnq terms, phrases, vorda, and their derivations shall hove the meaning given herein. When not inconsistent with the context, vorda used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. (a) City is the City of Atlantic Beach. (b) Minor is any person under the age of eighteen (18). (c) Parent is the natural or adoptive parent of a minor. (d) Guardian is any person other than a parent, who has legal guardianship of a minor. (e) Custodian is any person over the age of eighteen (lB) who is in loco pnrentis to a juvenile. (f) Public Place shall mean any street, alley, highway, sidewalk, perk, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not ba limited to any store, shop, restaureni, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any ADOPTION AGREEMENT, Page 2 5. Adopter furcher agrees chat this animal will not be abandoned. IE adopter cannot keep this animal due [o unforseen circumecances, then the animal mey be given away, or taken to Jacksonville Mimal Control, or the Jacksonville Numane Society for disposition as they see fit. The animal will not be ', returned to Atlantic Beach Mlmal Control unless so specified at the time of adoption, and the animal Will not 6e sold [o anyone. SIGNATURE ADOPTER• SOCIAL SECURITY NUMBER ANIMAL CONTROL OFFICER WITNESS PNONE ADDENDUM: This is an adoption, NOT A SALE, of this stray animal. My monies involved will be only to reimburse the City for the rabies vaccination and City tag. Rabies Vacclnatlon given by:_ City Tag (Atlantic Beach) Number: DATE DATE i i r -Z- ~.. x. DATE ra:., ~... .. ~F:~ CITY OF ~seArtle Biae% - ~losilla Pouce DePARTMENf 850 SBMINOLE ROAD AMNTIC BEACH, i10RIDA 3Ttl3 TELEPHONE 19011 f1&5606 ADOPTION AGREEMENT This agreement is made and entered into on this day of 198_, by and between the City of Atlantic Beach, hereinafter referred co as "City" and of Telephone hereinafter referred to as "Adopter". In consideration of the mutual coven- ants and prcvislons contained herein, and for other valuable considerations given and received between the parties to this agreement, the City and Adopter agree as follows: 1. Adopter agrees to assume all responsibility for the animal described as follows and agrees nat to hold the Ci[y or its officers or employees respon- sible for any injuries sustained by said animal; Breed of Mimal (Color, sex, age, tag number) 2. The Adopter further agrees to get said animal vaccinated against rabies within three(3) days and [o immediately thereafter purchase [heir City's registration tag, (if Atlantic Beach resident, co buy the permanent City tag immediately) and further abide by their City's animal control ordinance. 3. If this animal needs medical attention, Adopter agrees to have it provided within three(3) working days from the date of adoption. Adopter further agrees to annually have this animal vaccinated against rabies and to have the animal spayed or neutered within six months (if puppy or kitten) and within 30 days if an adult unspayed /unneutered animal. 4. Adopter further agrees to keep this adopted animal on his/her property unless leashed or under control ac all times and to comply with all lava concerning keeping a domes[Sc pe [. -1- If you can represent the City as our agent of record for hospitalization and major med on these terms and conditions, please return Chis letter [o me vi [h your acceptance Indicated a[ [he bottom of [he le tier. Sincerely, Richard C. Fellows City Manager RCF/dh cc: Chairman of the Insurance Committee, City Clerk Terms accepted and agreed to: /hr~o (~..wj ~~ Signa ze .. ~: .e;...r..... CITY OF 11lla.ttie t"~eatl - ~laaida '# ; rleocEANeouLel~Akb J~- ---- ___-_ P. O. aOX 25 ATLANTIC 9EACH. FLORmA92233 TELEPHONE 1904129-T3Bb January 27,1989 Mr. Craig Rodenkirch 301 Belvedere Atlantic Beach, Florida 32233 Dear Mr. Rodenkirch The Ci[y of Atlantic Beach appointed an insurance committee [o investigate the most feasible way for us co proceed with our various insurance programs. After several meetings [he committee is recommending [ha[ ve appoint an insurance agent of record who would provide the City with all of [he time consuming steps involved in [a lking with various companies about rates, bene Hts, etc. I[ is my understanding you are interesced in serving as [he City's agent of record and is Ss my plan [o present this proposal [o the Cicy Commission a[ their meeting of February 13 with [he understanding [hat: 1. There is no Charge for your services [o [he City, and; i i 2. As a result of your work with the insurance companies the premium quoted to the City will not be increased in order Co pay you a fee, and; 3. Your recommendations would be on the basis of the company's competence and an obJ ective and professional evaluation of the cost of [he benefits for the premiums paid as being in the best interest of [he City, and 4. That this representation is renewable at the option of the city on October 1, 1989. , 31e.- .n AWARDS CO"LMITTEE MEETING FEBRUARY 8, 1989 MINUTES The Awards Committee met on Wednesday, February 8, 1989 a[ 4 P. M. in [he afternoon Co receive bids on the repair [o six of the major sewage wetwells in the City~s sewage collection system. Present sere [he chairman Commissioner Glenn Edwards, City Manager Fellows, Public Services Direc [or Fo zd and representing Smith S Gillespie Engineers Mt. Sim Jacques. Also present ve re representatives of Michael/ Wright/Maclean and Sieg S Sons. Bids were opened and read aloud and turned over to Smith d Gillespie Engineers for tabulation and recommendation. The apparent low bidder vas Victory Painting Co., Inc. of Tarpon Springs, Florida at 554,950. After researching the background of [he apparent low bidder, Smith b Gillespie determined the company should be rejected because of a lack of direct experience in dealing with by-pass sewage pumping and sewage ve[ve 11 refinishing. The reco®endat ion vas that [he bid be awarded [o the second low bidder Michael/Wrigh[/Maclean of Jacksonville, Florida whose bid was second low at 559,602. The firm plans [o use Pace Utilities as a subcontractor and all available information indicates [hat [he Michael/Wrigh[/Mac le an Pace Utilities combination would provide the kind of exile rcise required for the project. ~.. .: -~-- m v a y ` N 9 C 0 [C ~' L O O O C Y o O I O m ~ ~ O m I N l1 N ry T L vl ~T p J y, O C U 8 Z C v Y 4 X O O p ~ C V y v O D m 1' N N C '!~ O V N M O O O N O i O O .it ry a N L O '~ M O 6 L O V ~ c Y O O G ~n V N N M T N 8 ~, o ~ o 0 o m .n .a o O I o ui 6 u v m I v~ Q R L L - v • V V a O o p /M~ L O U .j O O Ue X O O V W 9 tO C w H n ~ `n ^ O ~ M -+ .i O O ~ V ~n ~ v m m 4 `V '-' /~ w1 V N O '~ I V -~ Y w M U y~/ C y m O V N 4 Y 7 ~ t"1 £ N ti N U U m y a O O O vl O O O O O N N ! vl N O J1 !rv h N } ! ^! 1 L h th ~ ^ 1 V n u v W O B ~n O b N ul n~ ~ N O ~ IA v 9 Y 7 7 L 4 c J Y 6 E t ~ y C ~ ~. y u y y M 9 L ~ y ~n _ O L V ~ G N F n- i o H u " c J • - C L I M ti A ~ -! ~ a C 7 7 P U J p u C ~ '1. J i n c M _ ~~ • '= F ~ 9 a0 • L . ,. O C 'J (O F '~ 9 u O y C J C ~ 'J. L ~+ ~ ~ L V Y u L y 1 E L v M m c y _ c w ~ y ~~ V oC i - ;! [ ~ 3 y ~ 1 Y 7 ~ o ~ = ~ p i ~ ~ ~ c u _ ti 0 3 L Y E ~ ~ ~ y ~ 9 S U L 'J ~ s E C 6 '! J x - '~ '. _ _ p' O O W r 0 ~ I ' Y v E -..~ MINUTES The Awards Committee has met for the purpose of receiving, tabulating and evaluating bide for a computerized handheld meter reading system. The bids were opened on January 18, 1989 and present for the bid opening in addition to the Chairmen, Commissioner Glenn Fdwards were City Manager Pellows and Public Services Director Ford. Bids were received from Da[ema[Sc, Inc., Itron, Radix Corporation and Syscon Corporation. Radix furnished an alternate bid providing for a greater amount of memory. The Chairman asked that the bids be turned over to the department heads who would be involved with [he operation of the units for complete evaluation and return the results to the committee. January 26, 1989 the committee received the evaluation report. The lowest bidders were Syscon at ;10,250 and Radix at ;14,583. Syscon's bid did not include the programming package. Hhen adding this package cos[ of ;3,300 into Syscon's price it brought their base bid to 13,550. The price difference between the two low bidders vas ;1,033. Both bids are within the budget of ;15,000. In covparing the bid specifications the following items are apparent: 1. Radix is shock resistant from a Four foot drop - Syscon vas not listed as shock resistant 2. Radix has a 128K8 memory - Syscon has a 160 KB memory 3. Radix readings can be made from left to right or right to left - Syscon is left [o right readings only 4. Radix has on-site replaceable batteries - Syscon has to be replaced by the factory 5. Radix has capability to attach a printer in the field - Syscon has a printer in the office, it cannot print in the field 6. Radix Sa self-contained and waterproof - Syscon has a separate case and strap to make i[ waterproof The Radix has recently been purchased by the City of Jacksonville Beach which gives ue a local city to share information with. Based on [he prices involved and the other factors to be considered the committee re co®ends [he purchase of the Radix system at a total price of ;14,583. a t ~ i S ~ m m c c u G V ~ ~ E C L n a u ~ c .a -~ 8 0 ° k p ~ o w> ~ M ~ U O ~ O n •Y a u U a ~i U w m 0. O H ~ m lr a ~ r ~ 4 O H ~ Y H V C U E N L Y W ~~++ A 'D mi 1 B v ~ I m ~ ~ d ( YI + l ~ J VL u y O C ~ ~ )( ;. ~ -n N H ~ ,~ p I j vt. ~ y u v~o ~'~ o a m m o G • ~ Y9 ^I C 3 y eL W H ~ !5 S u y = d ~ Y O ~ C Y 9 "J 0 9 ~+ 2 O C O {~ m C v ,,a RF.SYONSE i¢MO. .. page 2 Investments We will review [he recommendations regarding investments and develop [he policies and reports [o implement [he auditors' recommendations. CITY OF r4(Cla~rtle ~~ - Seel ~a oceAN BouLev.ARD i -_ _ --___ P. O. BOX 23 ATLANTIC BEACH. PUJBD)A 32'!33 ,~~ TELEPHONE 19011234?3% February 10, 1989 M E M O R A N D U M T0: City Manager Richard C. Fe llovs FROM: Finance Director Harry E. Royal RE: RESPONSE TO AUDITORS' MANAGEMENT LETTER Ln response to the auditors' management letter on internal control, I would like [o offer Che following camnent s: Encumbrance Svstem We have revised our general ledger to include encumbrances. Due to the costs and other problems involved in implementing an on-line encumbrance system, we had planned to utilize a personal computer to accumulate [he information necessary for an off-line system. The information from [he off-line system would be entered during the monthly close out of [he general ledger system. Hoveve r, ve have no[ been able to acquire a personal computer for [he purchasing department because of [he lack of budgetary authority. Payroll Ne will rev iev the timekeeping procedures a[ [he police and fire departments co determine [he feasibility of implementing the auditors' recommendac ion. Inventory Our budget this year includes funds to build an addition on the public works building to store [he valet and sewer inventory. This will physically locate the inventory in the same location as the inventory clerk and ve should be able to implement Che auditors' recommendation. Budge[ We will adopc the necessary procedures co implement the auditors' recommendation regard irg budge[ adj us[men[s. SNE UXDF.FSICNEG RL51`il:':IS nF ~ilx.ll[ R::.~II .HlCfsl III ii.~~.a>E.¢I' CLOSING OF ACCESS IN~.M SI:YIn61: hTd~ uNi.~ tiIIf.L! >t'.", L::I". !.}.9i _f:SS ~~ y ,rJ~ IG 60 ~ r 3.~,~ ~l ~F~~fr ~zt s3 L'y~,~~ '~'"''"/~11~ n~G /G.32 ~tu..L G/!t • (CL! .~~ 3zr3 .~ ~ 7 h m~7~ ~ 6 O Y G' ~...,..~ ~~:r • .~ua.,iQ..-~nw-~ lGa9 Oe~-~3,Gi1 Q~• ~G ~~~'(/J"..~r i~~l cow.. P-~. ~9.~ 9i_ v~`~'_ ~ r~~a ('tea ~i A d, ~ //~~ ,~ i ~F,. _ pryoPe>,4. l2) }NP. UNDi:0.51f.M FD 0.lSII:I:YI'S ~I'i AT1:.0. f1 t: I41 \:'ll I'.I~.l l'.~T C1U. PF1LY\AI:NI CLDSIIMt DF ACCESS F0.JY Stlf6al.F. HIS W U5ll1 $II!:LL $TFF.CT. _ WU!u:55 ~~ ,l ''ll'/ ~~dy ~DyU,2a-- ~}'na~u~D k. b(dn~ 1Erf [u(~ur!v~; P~Ace ~. ' S9 s~ie// St ,~, LL 7~ Aaw~ ,~,,c.. NrcGi~. A~ ~ ~~'~iw..a Rio-. ~ti~~ ~~~~ ~w ~~ ~ ~~•1 ~~ pc~~~ Rte. G~'~ ~ bs ~ ~a~', ~ ~9 ~~~ ~~ s9 Jpur St YkaYay~~.,, I ) rNe o:an ps mNfu r,r Sl u: ':.S a '.~-. [.III i. [n crin G~ ni[ rLicur.i lr ~yi:: SAE _ ~.~ N• ~~ L'~?acloflZ ~ /nti~Ctr .~ Q ~1 c~s'X ~~~~ ~ ~~~~ ~,~rurLC ~~ 9~~ - ~~- 1?oGu., ~-• jv~,kc, ~iR£:S /G~~~x31~r~ Q~~~~%~~~~, /660 >f / ga4e~ /l/c !Jf/6e/, f~. l6 60 {f 2 aeeJ. Ar. ,Q#I 6cti ft- //i' O ~ (. itLM A l~~L 1660 --4 ~Q -r6.._ /4a9 dues ~1. Q.B . Ft / ~sl eo~~~ ~,PREe aB ~i- /Ge~ ('v~a ~/dre A.13. ,, iesd 7/~.<a_ .9d 'l9 ~F,U. , ~1.Q. ('K~PoYi~`~ 1 Il i 1NE LVDEAS[dYED NkSIb_\~E OF Af L':'aIC. b(\[li HIVLFtiT Id PE!L41SGti1 LLOSINf. OF SIIELL SiRIJ:T 6FlMP.fti f~gLl':.1 i'L\fE .1`iD 1(ly! fS \Yf':1'.I:. /.DJPESS lGso-, ,~~,~~~~. ,c;, I (S:Y.4 /o 1, Cam"" ~. ,~ ~.~ ~~~~~~"~ ~~oy ~9~,~,~ ~6a ~ c~~~ ~o..re ,~,~x-4~. ~yNa1ti ~. E f ~' , ~~~ ~u,euncc p~~~l~e 1~~ // JRetvt ~ ~J holy C~-4urta t'41et r~ ., ruyo„~~ rv~<< s9 S6e~' rf ~ `DE(~JEE.~ ~{tl6. ~ g ~•~kro A+~. G~ ikl~ ~ (P /c ~' «ceo ~ ~ pc>v~ F~v. $8 r~N ~. bs B~ S9 -~~-~ sf S9 SlF.II 1f . ~. Via: i~,., .. m L 1 z . ~\ } __ { ~ ~QU~pQS ~ o --~ ,~ ~7 f b 4m A MeS~ ~ (~-- ~ ~ 4 I q1 i ~ ~ ~, `!f m~ !Sew G~ 11~ c ~ r 't ' ~ ' ~ _. _ ~ °'- i -- - - ~ ` I / , '. z ~~-_..._.~ .____ .._ .._~... .. t~2w, ~'i+ ~P.1~(dws 2lslee ~Vi t~vlCtu"~~C L{at ~c1 +ukct~a tlu t~^!'.r ±o h,1LCf it/it}7, Iv'c `` -~~,t4 O~Ltfn /,tG-Lnl-1 pU.~Suat,T ~o Olti~l Ce^ntlf~tS¢t+Cll~ V CIrCe~Lt~E r( cl ~ ~ 2vicl~..EL.E R,c•f ~+LS,1s at~d et-uc~~v~ie,ud no o~pos+t+~r -~o ~fke C(c~~~ t;~ ShE,(,( S{. ~I'tlu(tm Col~uir+ti PI. nvc( QQLIIE~a A~. rC~~l~iWt¢ ~L-h~ +o ~Uf.Qc~+^P '('~~ tc(r<<, Cwta SurFor+ -t~t~ U~-tospccf {l~o_t- -~<<.r ~l ~ wl~r~lll- ctt~r.ty ': ~e -men rou cQ ~ the ; Qd~ a CL.~f-F c,ty _u~,~~~,~d ~'ro~.~,}t~, prvtd Wt0.in{ttnn Ikp PtVtCR,Q as q''~r~+!>C dunk" 'yyi Gil-SGttly~(oWY wt?~ Ylty y~pi lLboti4, Qs~.ec,~ +(Yla~,e w'~'h pro~i-e„-ha frwlkwtc~ 5~1.L ~awipt~cf 1k-e ClrutLa~w, 0'6 ~ Sectln~{ ~e.t+f-1_e1„ ~ tuhic~ Y~ wii I biro 1 ~~ eMC~ (. c~ne>,1. ~Lke p('r'a~~/~ ~~ra.2 mv,- fv C l~ r~c~ ~~ °-'"'l!t~l KG~ 7" Q~-X a~. 14~-c CUIYl.(~l to d~"'~ P°~'a /vl(t,YtT}zt.VVleclL AMd L.ip-ed ~ nv OV~,~ Pxcltpr "JOVJ ricll~S" We tt¢1L fikis stwtp-fa n~a,~e w~ prtn~ a^dc~.c~( su,~'-~ ~~ Sectt,~ti-~-fa Lrwt n.u~khtnhwd. { /-iS a ~tna.4 n6ln•f' 0~ vn-~'rnvxafwln , /lo+ QytE ~ i 'f"ltt restdeuis ~ Spoke -~ C'Xp'~»e>,1 Av+~ wttLtl~+- uv, i havYYLf,~ G(YVty °-(, l0(~.wtmh 56tep,Q~ o'~ Q81/JeDA~{1G(U('c~ flll,C 10 1kt reOC~->,rt0 sunve~ttllac4+vr}~, t'Ylan~ U~te covtC2n~r.~{ 'fkaf f Pav~ rnt~utt be wvtwun.eni-~ l~Nnn Co•o~a.-F~m-, vn brtn~m~ Tl~e~e n~taf~,l~is be~vla ~ e:tf~ cuuvlm,,,~ tam wt L I lae ~~1~ ~~reCtaffd J~ I ~e awe d a n LrF h_o,i t-}ate to C uvt-~cict vt~te S h~~ ~ YlR,2 d vN au wt-E,,, wt a.{,-csv, . Swic~,t~(~ . ~~ ~Y1 Lr IUD ~ilV, ~Q ~ ~~~`- i!-K;~ ~Q; ~'.'•',. s-. ~. Jim Jacques of Smith aid Gillespie fhgineers indicated their instruction frgn the City for the study did not inmludo this drainage canal, He outlined the drainage system in sane detail. explaining there are many inter-connects with other drai~ge cads, sam of which are state maintained. Further discussion ensued relative to the Semimle Road canal and the dangerous situation which exists, and wino the study was done this was felt to be a priority. Fbwever, with the many other areas which could ultimately be affected by the closing in of the Seminole Read canal, it was his opinion a crnplete study of the entire drainage system mould 6e necessary. He felt the drainage carpals which are affectlad by tidal flaw world continue to be a maintenance problen. Mayor Qnlliford inquired whether ~, possibility of installing pervious croncrete botkaas to closed in ditches had been amsidered anxl Mr. Jaapnes responded that the St. Johns River Mater Management District had advised his firm on the Skate load drainage canal, that they wind have to provide an area equal to the land surface lost to pavement, aid transfer that area to another location in the drainage basin. In some instances this could be an effective way to stabilize a drainage ditch and provide a hard surface to get equipment into the azea for maintenance and this had been tMir reanmendatian ce Skate Ii~ad could be used on Seminole Road. Mayor (;ulliforH asked the City Manager to attempt to get a tentative agre®ent fiVn the City of Jacksonville relative to their willingress to close in the Seminole A.xd ditch in exchancp_ for the Hanna park caopground being allowed to connect to the City's sewer system, subject to meeting the requizements which have been indicated. TM City Manager anmunced that Sixteenth Street beach access was withdrawn fran the original Invitation to Bid for beach access ovenralks. He indicated he had received a proposal fras the contractor to construct an overwalk ~at Sixteenth Street and asked wMther, in the opinion of the Camiission, it would be necessary to go out to bid as a separate project, whether the proposal of the contractor could be accepted as a ~ After brief discussion the City Manager was instructed to prepare an Imitation to Bid and pioc>3ed with the bidding process. Mayor GLlliford announced that wi*JUn W_ next week he mould be mailing to each Crnmissioner for study some information relative to fees for professional servicxs, and would seek tlwir thoughts at t!>< meeting of February 27, 1989. Maureen Ring, City Clerk ,, y Public Services Director, Don Ebrd, said he acd the s~+er department personnel have discussed the possibility of re-directing some of the Buccaneer flaw to Atlantic Beach aid fran an operational and maintenalx~e point of view, this would not present a problem. tbwever, he stated he did rot know the legal or accountifg probleas this may present. In su~m3ry, it was felt the City would need to plan for 6.5 Mm capacity and it was the general consensus the City should plan to increase the Atlantic Beach plant to 6.5 tK~, atd also to keep the w„rarmr plant on line as a safety feature. the expansion could be done in two phases, which after the first phase mould represent a total of 5.3 tYD. It was the feeling of the engineers this would provide adequate treatment facilities until the year 2010. Buccaneer Plant Ctuef, Barry McNally raniuded the Ornraission the Buccaneer plant was neazing capacity and he was asked to get erne figures on the wlume generated fmn North Semirole Beach and Oceanrralk with a view to ze~imcting the flow to Atlantic Beach. 1fie City Manager was requested to check into the possibility of acquiring additional prvpaxty in the vic;nity of the existing plants, and ttr. Avery was requested to recheck the lard requirenents and determine if his esti~rete of needing an additional four acres was accurate. Mr. Avery offered to arrange visits to carrousel plants for arry City officials who were interested in seeing that type treatment facility in operation. However, M mentioned that while his m¢uny had recamie+ded the carransel plant, he did rot wish to imply that this was the only option open to the City. ifien this information had been ompiled, the subject could be brought before the C<maission, acd the next step would appear to be to examine the firwicial aspect of the project. Atlantic Beadt Plant Chief, Ten lbwnsercl, pointed out the current Davoo plant was highly xecanaerded when it was mnstzvcked but, while it provided excellent treatment, it was expensive to maintain atd had frequent breakdowns. At 5.0 Mm, the City would 6e classified as a Class •A• plant wtrich Est be suintained 24 hours per day, seven days per week with certified personnel. i 1fie City Manager announced 9nith aid Gillespie had crnpleted a study on drainage canal i~xovements. Be said he had mntact83 the City of Jacksonville to work out an arrangement whereby they would close in the Ssnirole load drainage canal aId in exchange they could took the llamia Park facility to the Buccaneer sewer system. the City of Jacksonville ivdicated the hydraulic i~aact of the inQrovements had rot been analyzed by the engineers in their report. Before the canal could be closed in a hydraulic study would tre necessary to determine the inpact upstream avd dJwnstreatn, and it was their feeling the pipe at Saturiba would rot be large enough to handle the fl.a+ of eater if the carpal were to be closed in. MIVU)~ ~ '~ MBEIIK, oP '1~ m1Q11~ ~ a~ ~ a+ A^iarn'IC Bf71[8 C[7Y ~SSIIN f~® VAS HffiD M CITY BAIL JAIi-110[ 30, 1989, AT 7:15 171 the neetirx3 was called to order by Mayor Gulliford. Present were Mayor Willimo I. Gulliford, Jr., and Cannissioners Robert B. Gook, Sr., Glenn A. Edwards, Alan C. Jensen, and Adelaide R. 'ILCker. Also present were City Manager Richard Fellows a:d City Clerk Maureen King. '17:e Hayor explained the meeting had been called for the purpose of disnsssinq the consolidation of the Buccaneer sewage treatment plant std the Atlantic ffiach treatment plant. A letter fry 9nith and Gillespie Engineers, Inc., wtlining factnra to be considered, along with their rec~endations Was furnished to each Cnmissioner. Also presented to each ~mnissimer Was a plan of the existing Atlantic Beach site shaving a possible owlfiguration of a facility which included two 2.5 Vl:U carrousel aeratiw tanks. Mayor [Arlliford expressed correrns relative to the amamt of lad available for expansion of the Atlantic Beach facility and future requixaoents the EPA or DER might mandate wd:ich eail.d require more lard area than the City wrrently had available. 7T~e City had already expended a considerable a~:nt of furcls ai the wrrent facility and is anxious to look at the subject frao a long range Prospective and explore every option available a:d cure up with the most practical plan to meet the projected reeds of the City. The Mayor asked Mr. Avery, in the event of mandates by the DER a:d EPA relative to specific trea~nt methods to be used, what would be the worst possible, situation the City could anticipate ~ in regards to additiaal lad requiz~ents, etc. Mr. Avery explained the wrrent rewnmPndations of his ~Y were based on the present land area available. Since the city did not have sufficient lard at the Buccareer site, and the DER appears to be moving toisffi requiring xcgio:wal plants, he felt the City might want to see if additional pieperty could be purchased adjacent to the wrzent Atlantic Beach plant. ffi felt an additional four acres, plus whatever a~wnt of lard the City would wish for a buffer zore, would be adequate to provide a comfortable ~r4th for long range planning. At Connussianer Cook's request, Mr. Avery explaired briefly the carrousel treamrnt prornss a:d stated he felt it was superior a~ provided better treatment thaz: the pmcess wrrently used by the City. Zn the event the City wished to convert to tertiary treatment this could be acoonplished relatively singly. +=~icrer Edwards stated his zewaner~dation would be to leave i+^- as is for the present time and add w to the Atlantic Beach plant a:d in the evert Buccaneer became Overloaded, the Overload could be re-directed to Atlantic Beach. 1fie City Manager stated sane additim~al land ie available adjacent to the w..-,~a.,mr plant but the price is very high. .per _.. PA(£ EI(Hf NRilRtS JANUARY 23, 1989 Before adjourning the meeting the Ma}ror annour~d a wvrksinp meeting had been scl~led for lUtday, January 30, 1989, at 7:15 PM. Yfie meeti++g was adjourned at 8:15 PM. N lliam I. Gltlliford, Jr. NayorPresiding Officer LYrE~~ Naureen ICUg MIME OF COMMRS. M S Y Y V N PAGE SEVEN MINUCFS { JANUAFOf 23, 1989 9, M. e,allanw+r ]yginp~ Mayor (i:lliford announctjd tluee additio~l appointrmnts to the Safe Neighborhoods Task Force. The Hanes are as follows: Mr. Henzy Batts, 369 Aoyal Palms Drive Mrs. Oprah Jackson, 15 Simnxis Fbad FEev. James Gillyard, 60 Simmns Fbad 10. sty Mana0er AePrets 1 More 11. Aeacr'te std recarste Etta CLty Ctaissirneis aid City Attorney: Camussorer pi,.~,.t~ mentioned he had recently seen City signs being used to advertise lost dogs, yard sales, etc. The Mayor anrxw~ced the BPactification Conmittee would hold its first meeting on FYbruary 22, 1989, and he would ask the cvmiittee to rnview the sign a~xidinanoe. In the meantime Public Services Director, Dun Ford, has been zc+gnested to ranove any signs obscuring City signs. Crnmissioners CUOk a:d 'lUCker cwgratulated Risen Moore on the fine jcb she had dice on the first edition of the City's reu enployee newsletter. Mayor GUlliford anmunoed it is hoped to also print a quarterly newsletter to the Atlantic Beach citizens, a:d arrange- ments are being msde with the Sun Times to deliver the newsletter. Ca~missioner O~olc antxwx:ed a meeting on the widening of the San Pablo Bridge at Mayport Jr. Nigh Sclnol ai Fleluvary 7, 1989 at 7:00 PM. Cavnissioner Jensv: *+~+_~~, since the opinion on r+esci~ing permitr had mw been received frw the City Attorrey, that action on the motion to revoke; the permit for the Selva Linkside sign which had been tabled at the previous meeting be an agenda item at the Heating of EYbzvary 13, 1989. IrPSOlotia: lb. 89.6 The Mayor presertai th full, in writing, i~solution No. 89-6 expressing opposition to the granting of a permit to lambert Seafood Canparry to process shrisQ std scallops at a location on the I:rtraooastal Waterway adjacent to the City of Atlantic Beach. lbtim: Approve ptue9e of Resolntirn Ib. 89-6 No discussion before the wte. The ~mtion carried unanimously. NAME OF COMMFLS. M 5 Y Y V N U~dc x 133BrdB x x Jerea: x x Tlxioer x n.tt+fnRt x j PALO; SIX fj IffNVIFS JANUAFOt 23, 1989 r i tttt;r..: Pena Otcdittslre No. 65-88-18 rn firel raadiig In discussion before the wte the question was asked whether Old Sherry Poad was a comfy road std whether the City of Jacksonville had any jurisdiction there. The City Attorney explained that with annexation of the rorth Semirole Beach area Old Sherry Ibad became a city street. Nowever, he felt it may be advisable to send the City of Jacksonville a copy of Ordinance No. 65-88-18, std ask that they etdorse the action of the City of Atlantic Beach. The notion carried unattitax~sly. D. OAaII88R8 MD. 906-138 - P[HSC t{~NQtI, AN OMOIIAM3 1YH0I16 '11$ d0I1QItiS ~ Q TBB CPTY OF AII71N'PIC E~1®, PILRZdIi M83DIts ®1Pffi2 24, AN37[SE iII, 9IVISIft7 7, 58LTIQ1 24-159, BQ43 OQ~11tiQt [fit AtD PIWIDDi' AM BPP13,T1VS OA'!S. Mayor Gltlliford presented in full, in writing, Ordinance No. 90-86-138 on secad std final reading. Said Ordinance wags posted in acoordazice with Charter requinanents. The Kayor opened the floor for a public hearing std invited oumients Eras the audience. Ms. Wrathy Rerber, 365 First Street, and Ms. imth Gregg, 905 Sailfish Drive, expressed thoughts that many current home oaupatitx~s have developed into business establishments which trod to diminish the residential quality of reighborhoods. Since ro ore else wished to speak for or against the Ordinance, the Mayor declared tJ~e public hearing closed. Mayor Qtlliford stated he felt the subject of hrne occupations needed to be studied further Mourn: Defer actin on ~dit-~nce Mo. 90-N-138 std aq~Eviirt a txtaaittt= to s~Y ffie eotrjec:t of h~ oornpatiotm std Lring reo~datirns m the CYty Osissirn No discussion before the vote. The motion cazried unanitmusly. Mourn: Decline uex<-aLOriua m receiving appli®tioTre for tie occxQatioua txMit isetc of h~ om~atSQis Las beat ,.,t+aon No discussion before the vote. The urotior carried on a four to ore vote with Crnmissforer Jensen Ming nay. NAME OF COMMAS. M S V Y V N dok x x Hiarids x x Jtareat x itxi~r x a+t t; r.,.,t x Ooolr x x 13Ytaxrl6 a Jeas® x Yhdter x x (?rllifor+d x Ouolc x x M3uards x Jausat x itxloer x x n,i t; F,,.,a x PA(~ FIVE N.ItiOPEi JMIINRY 23, 1989 7. Acorn m I~olatims- A. Action m R~x.l.rti...•I1D. 69-5 a.rtMri siryf the City Attauney to prooaed rith ailmt doein p[aneedilala for regional park, Mayor Gulliford presented in full, in writing, Resolution No. 89-5. Ibifm: App[oue passage of Resolution No. 89-5 No discussion before the wte. 'fie motinn carried unaniuwsly. 8. Ac[ieo m O[dlmiora• A. O1DII81IS8 ID. 95-89-3! - PIIh7f R@IDIIG AN tlOII81tiE A018aQE'Ri"186 HmBIL,B ~ P7DPH~ HHi~7 fiIILI1W S. B7ffii AID '~ CISY fF 11~71N1RC 1891®: p1UVID7lG AN FYP$.T1V8 41'18 Mayor GUlliford presented Ordinance No. 95-89-38 in full, in writing, on first reading. lbtirn: PtiaBS Oodineooe Bo. 95--89-38 on first reading aid set for public hearing PPlavary 13, 1989 No discussion before the wte. ltie motion c.-uried .+~~;~,aly, B. OADINi11it8 NO. 57-89-13 - PZ>i31' A8AD31C ' - AB OADIINl~ AIHDIli: '1ffi OIDIWIIIE ~i ~ 11~ CI1Y ~ A'Q]12II'IC 111®, P1~11; AlI~IIG. CBi1PIBrt 13 10 A[D i8i SH.TIQS 13-8 AtD 13-9 10 18DT11~ '11$ P .~IQi AID ~ ~ I<CPId(71 FILM ARMS: PPOVIDIlG AB BPP1LTiVB dl~ Mayor 4Llli£ord presented Ordinance No. 57-89-13. in full, in writing, on first reading. ' Mbtim: Pees Ordinmoe eo. 579-13 on first reading and set frr P~ >~ri~J ~Y 13, 1989. No dian.aaiOn 172fOLE the wte. Zfp moticn Cdrried .mwnimn,aly, C. ORID811<8 Iq. 65-8F1B - P~ZC ®1l@T, A9 OIOI®e~ Cf~R6, APIALD(HIeG AlD V1ICMIH; 7~IR FaCIQi ~ QD S®d8! IOID P7el1 'I>$ IDI~ CISY IdaLL75 I.D6 ~ A'II]4BrIC PPl1® SDITlB 60 PSEF lid m ?~ C[lY A F8N91I83fP &16@HR 1?Cit QfII17i8S A8D QIffit Cliff 58.R1R~,S; P9I7VIDIIG AB SPPH.TIIR OlI~ 17~e Mayor presented in full, in writing, Ordinance No. 65-BB-16 on secud and final reading. Said Ord;nanro was posted in accordance with (]carter requixe~nts. 1te Mayor opened the floor for a public hearing and invited eoooents fran the audience. Since ro ore wished to speak foz or against the Ordinance, the Mayor declared the public hearing closed. NAME OF COMMAS. M S V Y V N COdc x z Hrlards x Jamat x 7udaei a x (#+71 i frml a Oodc z z PH,arda x Jaieal x 711doer x x Cilllifoxd x Cook x &3sards x x Ja~sal a x 'llldo'r x nnlsts.l z PAGE FWR ~~~ JANUAW 23, 1989 NAME OF COMMBS. M S V Y V N Comrtissioner Jensen requested the zequirenent of ratifying residents within 200 feet (Section 24-17-7), he charged to 300 feet to be ~~~ consistent with other City Ordinarmxs. The other Gmaissioners CORCULTed. ', Mayor ctrlliford stated he felt the reasons for entering into such I agrcenent had rot beep addressed in the Ordinance and he felt sour= parameters relative to reducing density or other requirements creed ~ to be specifically detailed. It was also pointed out four ' Commission votes would be required to pass the Ordinarce as currently drafted. It was the gereral consensus the draft should be ~ ~ presented to the Ozmnrnity Development 8oazd for their input and the ~ City Attnrriey mould check with other cities to see how they handle i simulaz agreements or Ordinances, arcl offer suggestims for charges j or amwrviro^ts to the Ordinance as Ltirrrotly drafted. B. Diaptizsaim by the Clty Covisaim m a prapcead DeveL~per t with the Pleet Iaoding project '7~+~'1~-~ The City Manager explained the agreeoent with Pleet larding is similar to the standard Utility Servicx Agreamnt except that the ~ Fleet Iardug project includes a health center, gynmasium, camunity center and other facilities rot included in the standard agreement, arc] this item is being 6xought before the Commission primarily for infornution purposes. 12re impact fees on the project are in the neighbortnod of 1600,000_ which would be paid in cash when the a, ~t is approved. The O>rmiission voiced general approval of the agreement. C. Oisaasim by the City Cisiasiar of a proposal. to establish a aabar f~ ^iI1QE1 The City ll3nager called on Cnief to briefly address the ' Caunission relative to how the suggestion fnr a curfew had cme about. Chief Thonpear explained the idea of a curfew had evolved after several meetings with Citizens Against Drugs. Fie stated in ~ the last week the ponce department had arrested five people for selling crack oocavre; four of whom were juveniles. One recent i juvenile had confessed to more than one hundred auto burglazies. tie i felt setting a Curfew would give the department an effective law enforoanent tcol and the authority to take juveniles hnne. Fie i explained those 16 and order mould be the chief target of the curfew. Each Comnissiorer had received a copy of the City of Jacksonville Ordi~ relative to mirors' curfew which Chief 7}xanpson said he felt was somewtat lax. The O><miission was gererally in agreement with prepazirg an Ordinarroe and Chief Tha~pson and the City Manager were instructed to proceed with same. PAGE THREE FIIMllfS JANU4W 23, 1989 H. Aduorledge additim of Ms. Gprah Jackson and Aeverad Jars Gillyard to the Safe Pei¢~ood Task FEZOe 5. ~ittee AapQts l+. Deport of ffie Solid t4ate ~ittee relative to reonssadatio~ fora ®damcS ode ~-7c~~J Pis The City Manager introduced tic. Andy Nay to report on behalf of the Solid Waste Committee aid tv present the recasaerdations of Gse and Jenson who had prepared the bidding specifications for a curbside recycling program. Mr. May stated the Solid waste manittee preferred the ore bin type recycling. Waste Nanay®rsrt had submitted the lowest bid with a unit pzice of 11.65 per household and he had been cmtactiry referercx names provided by Waste Maregement and had rcKxived good cunments fran diverse sources, including the City of Jacksonville. It was felt the number of large families vRn would require mire than ore bin could be minimal and not present a problem. it was the re,r~nm,vt+tion of Gee and Jenson Engineers the bid be awarded tv Waste Managao°nt, Inc. Mrtion: Pbl]aw reoo•a,datim of the Solid Fmste ~ittae and awntd hid m IHSte Nm~ag~t, 7a., at 11.85 per household per eracth fra trndrsida-sort xaycling, eubjecrt m the a+,*+af~*~y re9otiatirn of a three-yesr ~x,tr~ by tLe City lroager and lam. 71cdy ~Y in discussion before the mote the Mayor expLrir,ed Waste Naz~agemnt mould furnish the containers without a cash outlay by the City. The oust of the oontalrers mould be depreciated over afive-year period and in the avant tM City did cot rena+ the contract after three years, the City would be respuL9ible for the last two years depreciation on tM oonWners. The City Manager pointed out July ~, 1989 bed been planned as the kickroff date for the recycling program and publicity was of the utmost iaportanoe. Tic Solid Waste C®nittee has been mocking with advertising agencies ielative to pcrnnting tl~e Program and it is hoped to use the slogan 'Give it Back.' Mayor Gulliford thanked the Solid Waste Crnmittee for the many hours they had worked on this project and the dedication they had shown. The motion carried ,^~~~^^^,=ly. 6. Par eusimes diac~aion of a proposed Oatiinerxe providing prooa3aes for Develap~ad N)rr~ta aN ,~.t,~.+ quality developserd:s NAME OF COMMHS. M S Y Y V N xic x i I I P3srds : x J~ x x 'lhdoei x [a+n;irnd x PAGE 1VA MINDiFS JANWIrY 23, 1989 Mr. Jack 17tonpson, 111 Reach Avenue, reported he had lived on Beach Avenue for about a year and during that time he had called the police numerous times relative to disturbances. Mr. 277rn~.,on presented photos of a picket fence which had been vandalized, with the pickets having been used in a recent noisy fight, and stated this was not an isolated incident. While he felt the public has a right to use the beach access he felt sons restrictions might be established relative to closing the accesses at a reasonable hour. Mr. Bob Weiss, 253 Sanilwle Road, stated M had stayed with his parents on Heach Avenue foz a period of approximately two yeazs and related several incidents which had taken place over that period, particvlazly on weekelds. Mr. Jerry Suddazth, 120 Beach Avenue supporFi~ tlw statements of Messrs. 'ltrx~son and Weiss. Mayor Qlllifozd stated he also lived on Beach Avenue and was aware of cone of the pzobleos and wtule the City has an obligation to provide access for the general public to use the beach, it also has an obligation to the property owrers. He suggested the City Mal~ager. ald lblice Chief look at all street ends and present recanaenda- tions. At this time the City Manager introduced secretary Diane Howard who had filled the position in the City Manager's office vacated by Maureen FCing. ~. mlaent Agenda A. Approval f~ the Ta,tvrvitln '1'r-eclc Club m utilize two vehicles m the bead; is oonmctim with the Fbiu-teeoth Annual F11776eL Ba~dles Rxl m 1?ehr7lary 5, 1989, at 2:00 Rl. B. Authority fvr the Mayor ard Clerk to execute agre~t 6efs+een the Y.M.C.A. 8d the City of A*1a..4;r Beach for use of property at limeell Pads C. Admovledge zeoEipt of the first editim of the City of xfl~..f i~ Baach ,EyA7Mfor D. Approval of Mleday, Jan>ary 30, 1983, at 7:15 PM for a apet:ial uorlcshop 7 in xaprds m lmg rmye water ald sews plans H. Authority to dray an Ordinance m provide far the closing a;d vacar; ~+ of a portlm of the Assisi Ise rigMbfyray which projects into the private praperiy of the ]?lest landing project G. Approval. of the City C!>~issim for the appo;r~~t of Ridlard Flute ald lFaald ttingate as City (Y~i4aim appointers to the Patsim ]hard of 1Y718Laes with tetms ending D008•bPS 31, 1990 NAME OF COMMRS. M S V Y V N Qldc x Hiiards x x Jm.~ x 77xiws x x (#lllifiad x #- ' " \MZ>a»~ OF TBS REAR NBBS'IIT, GP '1ffi ATLANTIC R~+nl CI1Y ml- IQSSI(N ~D AT CT1Y ®1I1. fN JANf1A10( 23, 1989, AT 7:15 1?M PRFSF2lf': William I. Cvlliford, Jr., Mayor/CCmmissioner Fbbert B. Cook, Sr. Glenn A. Edwards Adelaide R. Tucker Alan C. Jensen, Crnmissioners AND Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Gulliford. The invoca- tion, offered by Ootoaissiaier O~ok, was folly ed by the pledge to the flag. 1. Approval of the iimlrs of the r>~dle3iled - _.:.;, o£ Jan;ary 11, 1969, and special called ating of Janrary 17, 1989. lotion: ApRwe ~ of the regular ~*; ~+ of Jai111acy 11, 1989. Camussioner 'flicker requested the record reflect she intelded to vote ~ ai Atrial on F]coeptions, iten A, application for exception- by Gerald bfieatley to operate a home occupation in his residence in Selva Norte. The minutes were ,,,u„i„r„oly approved. lotion: Appewe iim6es of the special ~aetitg of Ja~vazy 17, 1989 No discussion before the wte. The motion carried „~ ;~+sly. 2. Nemgnitim of viaitas Mr. Edward Kneeland of the Chateau Condaninium, addressed the (bani.ssion relative to jet skiers. He stated the numbers of jet skiers in the area has greatly increased and expressed concern relative to danger on the beach in that the skiers are driving vehicles onto the beach to unload the mactunes, aid also the danger to swismers and surfers in the water. Fle suggested establishing restrictions relative to requiring distances off-shore for operation, etc. Nr. Alex Cobb also of the Chateau Condaniniums ecined Mr. Rneelard's statements, referring particularly to the use of the ramp at Seventh Street for loading and unloading the machines. Mayor (lillifozd asked the City Manager and Fblice Chief to investigate the situation and report back at the next Conmission meeting. Y V O O 7 7 E E D D M S O E T C 1 O Y NAME OF O N E N COFBl91S. N D S O Cpdc x B3erd. x x Jerd$: x x 1lldoer x mm;r,,.a x O~ok x s !§Larda x x Jensa: x Tucker x n.n;t.,..I z STATUS. ..page 4 extends into [he private property of the development known as Fleet ]anding. If the Commission agrees that the ordinances are in order [hey may be introduced and se[ for public hearing ac the meecing of February 27. Tvo other ordinances will be up for public hearing and adoption on Monday nigh[. One is [he ordinance authorizing the exchange of property becveen William Hixon and [he City of Atlantic Beach and [he other is [he ordinance controlling the possession and use of replica firearms. Ne have received a petition for the closing of Shell Street between Seminole Road and Beach Avenue. Je are enclosing a copy of [he letter, map and petition and this will be an agenda item for Monday nigh[ ac [he request of the pecicioner. STATUS. ..page 3 section of our code of ordinances has me[ and scheduled an additional meeting on Tuesday, February 14 at 10:30 A. M. Following [hat meeting i[ is anticipated [he committee will have some recommendations to make to the City Commission at [he meeting of February 27. The Awards Committee met on January 18 [o receive bids for computerized handheld meter reading devices and on February 8 to receive bids for the repair of the insides of the ve[wells a[ [he six major pumping stations. The minutes of bock of these committee meetings along with a tabulation of the bids received are included for your information. Commissioner Edwards, chairman of the committee, will be making his repot[ Monday nigh[. In as much as we are not receiving bids on the Ib[h Steet dune walkover until Monday afternoon we are unable [o mail along committee reports but we will have that repot[ for you Monday night. Many of you may have already noticed the numbering system for houses in Seminole Beach from 16 Street north is not in conformance with the City's street numbering system i. e. house numbers in Che 1800 series are found between 17th and 18th Street on Beach Avenue and should not occur until after passing 18 Street going north. Many of these homes are the residence of owners who have lived in this area for many years and who would probably resist efforts [o bring [he numbering system into compliance with [he rest of Atlantic Beach. If any member of Che Commission has any ideas in [his regard we certainly would be interested in receiving some guidance otherwise the only recourse seems to be to le[ the system remain as i[ is or phase in a change in [he numbering system over a period of years. In any even[ the problem exists, if you have an idea we'd appreciate hearing from you. Many times animals which ate picked up in [he City, for whom [he Dune rs cannot be found, wind up at [he dog pound downtown where eventually they are put [o death. Many of these animals could be adopted out if Che City ve re alloyed to do this. We are sending along a proposed adoption agreement which we would like some input from the City Commission on its desirability. Deloit[e, Haskins b Sells, cur auditors, have completed their examination of [he City's financial records and will be making [heir report to the Ci[y Commission on Monday night. F'i th [he resolution adopted by Che City Commission some time ago authorizing the removal and storage of Hobi Ca[s from [he beach where i[ tan be shown [hey are impinging on [he dune or sea oats areas, an additional problem has arisen. Many of these units are now in storage at Beach Body and the owners cannot be found. Ra [her than building up massive storage charges we would prefer to move under ex is[ing statutes to declare the units abandoned or surplus and dispose of [hem a[ public auction. Your thoughts will be appreciated. Two ordinances are included which we propose to have [he Commission introduce on Monday night. One is an ordinance dealing with a curfew on minors under [he age of 18 and [he other is an ordinance closing and vacating a portion of the Assisi Lane right-of-way which v._ lws...._. STATCS...page 2 our Police Department we now have IB or su surplus .357 Smith and Wesson revolvers. ChLeF Thompson and I have discussed [he disposition of these weapons and ve will have a proposal for your consideration shortly. The City Manager and Chief of Police have conferred in regards [o [he problems at First St teet articulated by Mr. and Mrs. Weiss at the last meeting. After a review of this by qualified [Taff is specialist with the department it is recommended [he access not be closed but be further restricted on parking i.e. the access could provide for only two parking spates, one on each side and provide a sidewalk from [here Co the beach. I Chink you will find this common Co several other street ends in Atlantic Beach. The City would also install some additional lighting. With your concurrence ve viii undertake these changes. The Consolidated Ci[y of Jatksonv it le has been attempting [o impose a eater pollution maintenance fee on Atlantic Beach as yell as the other beach cities, a move vh ith I have been resisting. I am enclosing a copy of [heir latest bill along with a memorandum from City of Jatksonv ille Assistant Council Gerald Schneider and a memorandum written Sy our own city attorney. This will be an item of discussion on Monday night. In regards [o Mr. Kneeland's comments on [he jet ski problem Chief David Thompson and 1 have concluded that the best way to handle [his is through our lifeguard Corp on [he beach. Last year Che lifeguards discouraged the skiers from launching or operating the jets in [he Atlantic Beach area and [hey were told to go to Neptune Beach. We think the lifeguards will 6e able to handle this very easily and [o assist them ve plan [o insta l7 a locking gate a[ Seventh Street utilizing a standard city lock which would provide access for City employees in emergency vehicles but which would discourage those trying Co take advan [age of the access [o bring jet skis etc. down to Che beach. Absent any objections we will proceed. The American Red Cross has asked our permission to hold a circus on the Fleet Reserve grounds on »YPOOneRobetveenWe2tand 3C 305ande theuo[her April 9 for two performances, between 4 and 5:30. They will work with the Atlantic Beach Police Department ro insure Craff is flow. Mr. Bernard Bo ldstad of [he American Red Cross has asked [o be on [he agenda Monday night to discuss this proposal. I am enclosing a copy of a preliminary engineering report on a major sewer defect under Mayport Road at Levis Street. This vas discovered during the televising and cleaning of C, D, E, and F sections of our collection system and consequently was no[ anticipated being let to contract until next year. Smith b Gillespie, as well as our utility people, feel the problem is much more severe and needs to have immediate attention. As you will note from the report Smith d Gillespie is recommending [ha[ we repair Chis defect under the current E.P.A. funded major sever rehab Darts 1 and 2 and do it as a change order. You'll find Smith 6 Gillesp ie's recommendations on page one of the report and this will be an agenda item Monday night. The committee chaired by Commissioner Tucker on [he home occupation February 9, 1989 M E M O R A N D U M T0: The Honorable Mayor and City Commissioners FROM: CS[y Manager SUBJECT: STATUS REPORT During [he workshop on [he avatar and sever long-range plan ve were informed the Ci[y does not currently have an accurate means of de [e rmining floes through either the Atlantic Beach Sever Plant or [he Buccaneer Sever Plant. Because [his information is crucial to a decision relative [o consolidating [he plants or taking some other alternative I have proceeded [o authorize the purchase and inscalla riot, of floe meters on an emergency basis in the amount of $4,600. I will be asking [he Ci[y Commission [o ratify this action a[ [he meeting on "tonday night. The contract with [he Department of Natural Resources finally came through and provides [he City vi th $50,000 appropria Led by our legislative delegation last year co assist in the cons [ruction of the Dune Overvalks. In accordance with our previous discussions ve have advertised for prices on construction of the l6[h Street Overvalk and will receive bids on [ha[ a[ 1 o'clock on Monday and have [he results for your consideration Monday night. Paul Anderson and his neighbor Mabry have retained attorney Larry Patterson who has written me a letter demanding [he entire dune ove[walk structure at DeWeese Avenue be removed claiming the Ci[y is without authority [o construct same. i sent a copy of the easement [o attorney Claude Mullis who has furnished me with an opinion, a copy of which I enclose for each member of [he City Commission [o keep you updated. We are anticipating large increases in our insurance coverage in Che next budget year and with this in mind had a co~i[[ee of Ci[y employees formed to look into the insurance question and make same reports and recommendaeions. The committee has recommended [he Ci[y enter into an arrangement with an insurance agent of record who would undertake all of the hassle that goes with communicating with various insurance Companies, getting rates, proposals, investigating benef SCS versus premiums and other time Consuming matters. Ne have found a person willing Co do this and made a proposal [o him in writing, a copy of which ve enclose. If the Commission is in agreement and the terms of [he letter seem [o protect the City sufficiently we would appreciate official recognition of [he arrangement. Ne are enclosing copies of the minutes of the January 23 meeting along with minutes of [he meeting of [he committee of [he whole held on January 30, 1989. Along with these we are enclosing a le CCer from a citizen regarding [he garbage rates and the roc yclinq facilities a[ Russell Park. With [he purchase of [he Clock Semi-Automatics for [he members of o~~ AGENDA. ..page 2 animals picked up by [he Atlantic Beach Control Officer where [he proper owners canna[ be located 5. Caslttee Deports: A. Commissioner Clenn Edwards, tha Srman of the Awards Committee, with a report and recommendations re la[ive [o [he award of a contract for computerized handheld meter reading equipment B. Commlasionet Glenn Edwards, chairman of the Awards Committee, v i[h a report and recommenda[iona on award of a contract in wnnection with major rehabilitation of six sewage vetvells C. Commissioner Glenn Edwards, chalzman of the Awards Committee, with a report and recommendations relative [o a contract fot [he cona[ruction of a beach dune walkway access at Ibth Street 6. tar Business: A. Dlacusaion by the City Commission on a recommendation of Smith S Gillespie to authorize a change order with the contractor on the major sever rehabilitation project for repair of a major sever defect under Mayport Road ac Levis St re e[ 7. Action w Ordinances: A. Ordinance t57-89-t4 introduction and first reading of an ordinance authorizing the establishment of a curfew for minors under the age of l8 and the setting of a public hearing for February 27, 1989 B. Ordimnce t65-89-19 incroduc[lon and first reading of an ordinance closing, vacating and abandoning that portion of the Aaeial lane right-of-vay which extends into the private property of the development known as Flee[ Landing and setting , a public hearing for February 27, 1989 C. Ordinance f95-89-38 public hearing and final reading of an ordinance authorizing [he exchange of property between the City and William Hixon of Atlantic Beach D. Ordinance f57-89-13 public hearing and final reading of an ordinance amending the ordinance code of the City of Atlantic Beach, Florida providing for [he regulation and control and use of replica firearms tiscellsneoss Dnsinecs: City Iisnater Deports: ~ , Deports t~ leasests from City Cos•lasioMre, City Attorney and City Clerk: Adjournment ~.. ._ r t E F,•. E. r. e 4, L _.'. - CITY OF ATLANTIC BEACH REGULAR HEFTING FEBRUARY 13, 1989 AGENDA Call to order Invocation and Pledge [o the Flag i i~. Approval of the minutes of [he regular meeting January 23, 1989. 2. Recognl[1on of visitors 3. Appearances: ~.~ Mr. Tom Norton presenting a petition for the closing of Shell ~ Street between Seminole Road and Beach Avenue B. Representatives of De loit[e, Haskins 5 Sells Cer[if led Public Accountants to present [he audit report for the fiscal year ending September 30, 1988 4. Consent Agenda: A. Ratify the action of the City Nanager in au [horizing the purchase end installation of floe meters at Sewage Treatment Plant in the amount of ;4,600 B. Ac[Son by the Ci[y Commission to name Craig Rodenklrch as insurance agent of record in accordance vi th the terms of the Clty Manager's letter of January 27, 1989 C. Au[horlty for the CS[y Manager to undertake construction to restrict parking on 1st Street east of Beach Avenue and for the provision of additional 1lghting D. Action by the City Commission to authorize the lifeguard Corp to regulate and enforce actions in regard to jet skis on , Atlantic Beach and authority for the City Manager to provide locked access on 7th Street E. Action to approve the request of [he American Red Cross for a circus on the Pleet Reserve grounds at Mayport Road and vest 4th Street Sunday, April 9 for two performances, one between 2 and 3:30 and the other between 4 and 5:30 F. Action by Che Commission [o gran[ authority for the disposal of l teas removed from A[lartic Beach in accordance vl [h existing authorization provided by Plorida statutes , G. Action by [he City Commission to authorize [he adoption of ~. FEBRUtiRY s. arm..aa..w b.v. ~..y.:. ~t >.