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02-08-99 v
CITY OF ATLANTIC BEACH COMMISSION MEETING-February 8, 1999 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of January 25, 1999 2.Courtesy of Floor to Visitors: 3.Unfinished Business from Previous Meeting A. Establish a full-time clerical position for the Parks and Recreation Department (City Commission) B. Discussion and related action regarding the requirement for original certificate(s) of insurance in bid packets (Commissioner Mitchelson) C. Discussion and related action in connection with refinancing of the Gulf Breeze loan: I) Approve the recommendation of Dunlap & Associates and authorize staff to negotiate a loan agreement with Sun Trust Bank for the refinancing of Gulf Breeze loan ii) Approve the recommendation of the City Attorney and authorize the City Manager to sign a conflict waiver (if Sun Trust Bank is approved as the bank the city will use to refinance the Gulf Breeze loan) iii) Approve the recommendation of the City Attorney and retain Squire, Sanders Dempsey to represent the City's interest in this transaction (City Manager) 4.Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of the following monthly reports: Code Enforcement, New Occupational Licenses, and Recreation Department (City Manager) 5.Committee Reports: 6.Action on Resolutions: 110 7.Action on Ordinances: Page Two AGENDA February 8, 1999 S 8.Miscellaneous Business: A. Public Hearing and action on a request for a Use by Exception filed by Kirt Lynch to operate a motor vehicle sales, service, rentals and parts & accessories business at 1400 Mayport Road, zoned CG, Commercial General (City Manager) B. Action on a request filed by Nicole L. Gwyn to operate a tattoo and body piercing business at 1249 Mayport Road (City Clerk) C. Award contract for engineering redesign for Wonderwood Drive Utility Relocation to the R-A-M Professional Group in the amount of$7,900.00, and authorize the City Manager to sign the contract (City Manager) D. Appointments to the Tree Board (2) (City Commission) E. Authorize the Mayor to sign letter authorizing spraying of mosquito breeding areas in Atlantic Beach (City Manager) 9. City Manager Reports: 10. Reports and/or requests from City Commissioners and City Attorney Adjournment 4110 If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,February 5, 1999. V V O O T T 0 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E BEACH CITY COMMISSION HELD IN CITY HALL, 800 S S SEMINOLE ROAD,AT 7:15 PM ON MONDAY,FEBRUARY 8,1999 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: David Thompson, City Manager M S Maureen King, City Clerk OE T C I O Y ABSENT: Alan C. Jensen, City Attorney ONE N COMMISSIONERS ND S 0 The meetin. was called to order b Ma or Pro Tern Meserve at 7:15 ..m. e nvocation was o ere. .y ommissioner :eaver, o owe• by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held January 25, 1999. The Mayor asked for corrections or amendments to the minutes. Commissioner Beaver referenced page 10 of the minutes and requested that they be amended to reflect that the person who thanked the city for working with the school was Tony Downing, not Tom Downing. BEAVER X BORNO Motion: Approve minutes of the Regular Meeting held X X MESERSERVE X January 25, 1999 as amended. MITCHELSON X The minutes were unanimously approved as amended. 2. Courtesy of the Floor to Visitors: J.P. Marchioli of 414 Sherry Drive stated he had reviewed the notice posted on the bulletin board at City Hall concerning the Community Development Board Meeting and felt it did not contain enough information. Community Development Director Worley explained the notice was posted for the next regular meeting of the Community Development Board,which meets the third Tuesday of every month. It was further explained that the Community Development Board would begin to review of Chapter 24,the Zoning and Subdivision Regulations, of the Code of Ordinances, for 0 corrections. M S O E T C I O Y Minutes Page -2- ONEN COMMISSIONERS N D S 0 February 8, 1999 Mayor Pro Tem Meserve recognized Councilman Ed Parpart from the City of Jacksonville Beach and welcomed him to the meeting. 3. Unfinished Business From the Previous Meeting: A. Establish a Full-time Clerical Position for the Parks and Recreation Department(City Commission) City Manager Thompson, as requested during the previous Commission Meeting,identified the funding source for the position and briefly reviewed the job description provided to the Commissioners in his report. BEAVER X X Motion: Approve a full-time clerical position for the Parks and BORNO X X Recreation Department as recommended by staff. MESERVE X MITCHELSON X Commissioner Bomo inquired as to the position of Beautification Coordinator. City Manager Thompson explained that the position was previously held by Carl Walker and was at this time vacant. He indicated it was the city's intent to meet with the Beautification Committee later in the week to receive their input regarding the position. City Manager Thompson explained that the position was a staff position that provided administrative support to the City Manager. Commissioner Bomo supported continuation of the Beautification Coordinator position. Commissioner Mitchelson expressed support for both positions. Commissioner Beaver inquired regarding overtime pay for the position. City Manager Thompson replied it was a part-time position and overtime pay rarely applied. A brief discussion ensued concerning the requirement of staff attending the various meetings. City Manager Thompson explained that traditionally, the city provided personnel to take minutes and prepare agenda packets and reports for the various board and committee meetings. There was no further discussion and the motion carried unanimously. B. Discussion and Related Action Regarding the Requirement for Original Certificate(s) of Insurance in Bid Packets Commissioner Mitchelson) J.P. Marchioli of 414 Sherry Drive suggested the city require umbrella insurance coverage in the bid packages. Mayor Pro Tern Meserve commented that although a valid point,this was not an issue concerning the M S O E T ' C I O Y Minutes Page3- ONE N COMMISSIONERS N D S 0 February 8, 1999 requirements for the bid packets. Mayor Shaughnessy entered the meeting at 7:30 p.m. and asked that Mayor Pro Tem Meserve continue chairing the meeting through Item 3B. City Manager Thompson reported that after discussion of the requirement, staff believed the city should continue to require an original insurance certificate to lessen the possibility of alternations to the document. He further reported that there had been no complaints in the past of any hardship created by the requirement and believed it was not unreasonable. Commissioner Mitchelson, who asked that this item be placed on the agenda, stated he fully agreed with the staff recommendation to continue to require original insurance certificates in sealed bid packages. No motion was made and the requirement to include original insurance certificates in sealed bid packages remained the same. C. Discussion and Related Action in connection with Refinancing the Gulf Breeze Loan: I) Approve the Recommendation of Dunlap and Associates and Authorize Staff to Negotiate a Loan Agreement with Sun Trust Bank for the Refinancing of Gulf Breeze Loan Motion: Approve the recommendation of Dunlap and BEAVER X X Associates and authorize staff to negotiate a loan BORNO X X agreement with Sun Trust Bank for refinancing the Gulf MESERVE X MITCHEL SON X Breeze loan.SHAUGHNESSY X There was no discussion and the motion carried unanimously. ii) Approve the Recommendation of the City Attorney and Authorize the City Manager to Sign a Waiver (if Sun Trust Bank is Approved as the Bank the City Will Use to Refinance the Gulf Breeze loan). BEAVER X BORNO X X Motion: Approve the recommendation of the City ME SERVE X X Attorney and authorize the City Manager to sign a MITCHELSON X conflict waiver. There was no SHAUGHNESSY X discussion and the motion carried unanimously. M S O E T C I O Y Page - - ONENN MinutesP4g COMMISSIONERS N D S O February 8, 1999 iii) Approve the Recommendation of the City Attorney and Retain Squire, Sanders and Dempsey to Represent the City's Interest in This Transaction (City Manager) Mayor Shaughnessy explained that the firm of Rogers, Towers, Bailey, Jones and Gay, who represent the city concerning collective bargaining negotiations,were representing Sun Trust Bank in the financial transaction of refinancing of the Gulf Breeze loan and could not act as legal counsel to the city. The Mayor further explained that the City Attorney had recommended retaining the firm of Squire, Sanders and Dempsey to represent the city's interest in this transaction at a cost of approximately $3,500.00. A brief discussion ensued concerning the proposed Sun Trust Bank fees of 3000.00 and the approximate cost range of$3,500.00 anticipated by City Attorney Jensen. Commissioner Borno felt the higher figure should be included in the motion. BEAVER X Motion: Approve the recommendation of the City BORNO X X Attorney and retain Squire, Sanders and Dempsey for an MITCHEE x MITCHELSON X amount not to exceed$3,500.00,to represent the city's SHAUGHNESSY X X interest in this transaction. There being no further discussion,the motion carried unanimously. 4. Consent Agenda: A. Acknowledge Receipt of the Following Monthly Reports: Code Enforcement,New Occupational Licenses, and Recreation Department(City Manager) BEAVER X BORNO X Motion: Approve monthly reports under Item 4A. ME SERVE X X MITCHELSON X X Commissioner Mitchelson noted the unpaid fines listed in the Code SHAUGHNESSY x Enforcement Board report and suggested that the city look into some way to collect the unpaid Code Enforcement fees and fines. City Manager Thompson indicated that at 75%, the city's rate of collection was higher than many other cities. He stated he would look into all of the collection issues; including unpaid water bills, bad checks, code enforcement fees and fines, and other fines and report back at a future M S O E T C I O Y O NE N Minutes Page -5- COMMISSIONERS N D S 0 February 8, 1999 meeting with recommendations. Commissioner Borno suggested use of a collection agency. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: There was no action on ordinances. 8. Miscellaneous Business: A. Public Hearing and Action on a Request for a Use-by- Exception Filed by Kirt Lynch to Operate a Motor Vehicle Sales, Service, Rentals and Parts and Accessories Business at 1400 Mayport Road, Zoned CG, Commercial General (City Manager) Motion: Accept recommendation of the Community BEAVER X Development Board and approve the Use-by-Exception BORNO X filed by Kirt Lynch to operate a motor vehicle sales, MESERVE x x MITCHEL SON X X service, rentals and parts and accessories business on SHAUGHNESSY X property located at 1400 Mayport Road, zoned CG, Commercial General, subject to the five conditions set forth by the Community Development Board. Documentation for Item 8A is attached and made part of this official record as Attachment A). Mayor Shaughnessy opened the public hearing and invited comments. No one wished to speak and the public hearing was declared closed. O There was no discussion and the motion carried unanimously. M S O E T C I O Y Minutes Page -6- February 8, 1999 O N E N III g COMMISSIONERS N D S 0 B. Action on a Request Filed by Nicole L. Gwyn to Operate a Tattoo and Body Piercing Business at 1249 Mayport Road (City Clerk) BEAVER X BORNO X X Motion: Defer action on the request to the February 22, MESERVE X X 1999 Commission Meeting. MITCHELSON X SHAUGHNESSY X Commissioner Meserve stated he had concerns regarding the city's legal options for this request and would like a legal opinion from the City Attorney before voting on the request. Commissioner Beaver stated he would like a letter on file from the supervising physician, as required by Florida Statute 877.04, before he could make a decision. Commissioner Borno requested clarification of Florida Statute 0 877.04(1) because he believed the doctor should have an office located on-site, not just act in a supervisory capacity. Mayor Shaughnessy pointed out that the statute required parental consent forms for tattooing to be notarized. Dennis Waldrop of 10478 Theresa Drive, Jacksonville, one of owners of Immortal Body in Ink, stated he had a letter from Dr. Benjamin Phillips, confirming he was acting as the supervisory physician for the business and indicated Dr. Phillips had inspected the office. Mr. Waldrop indicated he would provide copies of the letter to the Commission. There being no further discussion, the motion carried unanimously. C. Award Contract for Engineering Redesign for Wonderwood Drive Utility Relocation to the R-A-M Professional Group in the Amount of$7,900.00, and Authorize the City Manager to Sign the Contract (City Manager)BEAVER x x BORNO X X IIIMotion: Award contract for engineering redesign for MESERVE X MITCHELSON X Wonderwood Drive Utility Relocation to the R-A-M SHAUGHNESSY X M S O E T C I O Y Minutes Page -7- N N SE COMMISSIONERS N D E N0 February 8, 1999 Professional Group in the amount of$7,900.00, as recommended by staff and authorize the City Manager to sign the contract. City Manager Thompson indicated that the staff report provided detailed information concerning the engineering redesign of the Wonderwood Drive utilities relocation. The staff report dated February 2, 1999 is attached and made part of this official record as Attachment B. City Manager Thompson further explained that JEA did not want to modify their designs and the $7,900.00 figure represented a compromise position negotiated by city. Commissioner Mitchelson expressed frustration with the situation, and stated he could not understand why R-A-M representatives were not working closely with JEA officials before trying to complete the city's work. City Manager Thompson responded that Bessent, Hammack and Ruckman (BHR) began their design work much earlier than R-A-M and this put the city behind. He indicated that the city submitted its 30% plans to the JEA at the end of December, and it was not until January 25, 1999, that the JEA informed the city that those plans conflicted with the BHR plans. City Manager Thompson further explained that during the intervening four weeks , considerable design work had been completed by R-A-M, and JEA officials indicated they would not modify their plans and requested that R-A-M redesign the city's plans. City Manager Thompson felt it was in the best interest of the city to move forward with the redesign. Commissioner Mitchelson then inquired if there was any obligation on the JEA's part to communicate their changes to the city in a timely manner since both municipalities were doing work in the same area. M S O E T C I O Y nues Page - - O N E N 1110 MitP8g COMMISSIONERS N ND S O February 8, 1999 City Manager Thompson stated that communication had been a problem and believed the JEA should not have taken almost four weeks to respond to the 30% plans. He further stated that the city had expressed dissatisfaction to the JEA regarding the way this matter had been handled. Commissioner Borno inquired if the communication problem was resolved and whether both parties would now work together and exchange information. City Manager Thompson responded that in addition to the compromise, there was now a mutual working agreement as far as putting the work together, and it would be bid as a package with the JEA. Mayor Shaughnessy inquired if there was something the city could do to try to assure this would not happen again. City Manager Thompson felt that the joint agreement that the city was entering into with the JEA would help to assure it would not happen again. He indicated that Jack Gabriel, Managing Engineer for Design with the Jacksonville Transportation Authority, had approved the joint agreement. Some further discussion ensued concerning the compromise, and City Manager Thompson assured the Commissioners that what happened was not the fault of R-A-M. Commissioner Beaver agreed with Commissioner Mitchelson and inquired if the JEA bore any financial responsibility for the additional cost incurred for the design changes. Mayor Shaughnessy stated that would be a question for the City Attorney, who was not present, and asked that the item be placed on the next agenda. Mayor Shaughnessy suggested that some type of an agreement be drafted stipulating that the city would receive plan changes within a certain period of time. Commissioner Meserve suggested that the city work out an agreement early-on with all of the agencies involved with M S O E T C I O Y Minutes Page-9- O N E N g COMMISSIONERS N D S 0 February 8, 1999 construction of the Mayport Road intersection flyover, which is a much larger project, to prevent this from happening again. Stephen Kuti of 1132 Linkside Drive stated that he had reviewed the process for the selection of R-A-M and felt that the firm would now be the most expensive firm with the addition of the change order for this work. He felt that the other companies who bid on the job had more contract experience and would not have made this mistake. Mr. Kuti believed that R-A-M should negotiate directly with the JEA to recover the additional expenses, and the city should not be required to pay any extra for their mistake. Mayor Shaughnessy believed the city should respond to Mr. Kuti's comments and asked that he write a memo concerning the same, which will be forwarded through the City Clerk's office to the City Attorney for a response at the next meeting. 4110 Mayor Shaughnessy inquired what would happen if the city did not approve the contract for engineering redesign. City Manager Thompson stated failure to approve the contract would not stop the work. It was pointed out that if the city was not on board with the JEA during the bid process, the city would be on its own to find a contractor, and all coordination planned with them for future projects would be negatively impacted. City Manager Thompson further stated that bidding out the job as an entire package would provide administrative relief to the city. Commissioner Mitchelson recommended approval of the contract with an immediate follow-up letter from the City Attorney. He believed this was a fairness, as well as a legal issue, and the city should support R-A-M. He reiterated the Commission's position that a written agreement was needed. There being no further discussion, the motion carried unanimously. 0 D. Appointments to the Tree Board (2) - (City Commission) Mayor Shaughnessy stated she would like to reappoint Richard Bell M S O E T C I O Y III Minutes Page -10- o N E N February 8, 1999 COMMISSIONERS N D S 0 and Judith Jacobson to three year terms on the Tree Conservation Board. The Commission concurred with the appointments. E. Authorize the Mayor to Sign Letter Authorizing Spraying of Mosquito Breeding Areas in Atlantic Beach City Manager) BEAVER X BORNO X X Motion: Authorize the Mayor to sign a letter authorizing MESERVE X X spraying of mosquito breeding areas in Atlantic Beach. MITCHELSON X SHAUGHNESSY X J.P. Marchioli of 414 Sherry Drive stated he lived near a mosquito breeding area and inquired regarding the schedule for spraying. 0 Mr. Marchioli was advised that the letter granted permission to the Mosquito Control Division to fly over the city and spray mosquito breeding areas and did not contain a spraying schedule. Mr. Marchioli was directed to contact the Mosquito Control Division for the spraying schedule. There was no further discussion and the motion carried unanimously. Mayor Shaughnessy apologized for overlooking Miss Gwyn's request to speak under Item 8B and asked that she speak at this time. Nichole Gwyn of 10478 Theresa Drive, Jacksonville, one of the partners in Immortal Body in Ink, provided a brief overview of the nature and standards of their proposed business with emphasis on client safety. This information is attached and made part of this official record as Attachment C. 9. City Manager Reports and/or Correspondence: City Manager Thompson: M S O E T C I ' O Y Minutes• Page -11- O N SE N COMMISSIONERS N D E 0 February 8, 1999 Stated he would be happy to answer any question concerning his written report to the Commission. There were no questions. Reported that he did not know when the Fire Contract would be heard by the City of Jacksonville, but it would be placed on the first Commission agenda after final action by the City of Jacksonville. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Beaver Commented that he would like to discuss the duties of appointed Boards and how they function in the city. Mayor Shaughnessy stated Committees would be addressed during the February 20, 1999 meeting. Commissioner Borno Commented that he was pleased with the completed Levy Road project and expressed concern that there could be a speeding problem now that the road is repaved. Commissioner Meserve Commented that he was pleased that staff had gone out and looked at the Selva Marina area and reported that citizens now feel the city is at least listening to their concerns and something positive will happen. Mayor Shaughnessy Reported that Woody Winfree could no longer serve on the City Manager Citizen Advisory Committee and appointed Dorothy Kerber to replace Ms. Winfree. M S O E T C I O Y 41) Minutes Page-12- ONE COMMISSIONERS N D S NO February 8, 1999 Also appointed Judy Beauboeuf and E. T. Fernandez, III to the City Manager Citizen Advisory Committee. Presented the Charge to the City Manager Citizen Advisory Board Committee-to City Clerk King for distribution to the committee members. Reported that the Jacksonville Charter Revision meeting would be on Thursday. Reported the Teen Council would meet on Tuesday night at 7:00 p.m. Reported that the Chief of the Planning Division for Parks and Recreation for the City of Jacksonville would attend the February 20, 1998 Commission Workshop. Reported she would be attending a Leadership Jacksonville meeting on Thursday. Commented that she would be taking a boat trip with Mayor Delaney to view areas along the St. Johns River and Intracoastal Waterway. There being no further comments or business, on a motion made by Commissioner Borno and seconded by Mayor Shaughnessy, the meeting was adjourned at 8:25 p.m. Suzanne Shaughnes Mayor/Presiding Officer ATTEST: 27LC4 1 Maureen King, M City Clerk Amended 2-22-99 ATTACHMENT A FEBRUARY 8, 1999 COMMISSION MEETING STAFF REPORT AGENDA ITEM:Use-by-Exception for Used Car Dealership at 1400 Mayport Road SUBMITTED BY: George Worley II, Community Development Director <(,V DATE: February 3, 1999 BACKGROUND: Mr. Lynch, the applicant, desires to operate a dealership for sale of used vehicles and rental of trucks. The requested use is permitted by exception under Section 24-111(c)(12) & 13). The minimum parking space requirement, based upon the floor area of the two buildings, is 2 spaces. The applicant proposes 10 spaces as shown on the site plan. The site plan also designates the number of used automobiles displayed for sale as 25. The site plan shows the locations of the existing buildings, the proposed parking spaces, and the driveways. RECOMMENDATION: The Community Development Board reviewed this request and recommends approval of the Use-by-Exception subject to the following conditions: 1. That the on-site parking spaces be clearly designated; 2. That the applicant be permitted not more than 25 used vehicles for sale at any one time and that all vehicles be operable; 3. That the vehicle repair business not operate between 9 PM and 7 AM. 4. No inoperable vehicles be stored on the site at any time. 5. That the Use-by-Exception be granted to the applicant only and for this location only. 4111 ATTACHMENTS: 1) Application for Use-by-Exception 2) Draft Minutes of the Community Development Board Meeting 4(,4REVIEWEDBYCITYMANAGER: /"_,A0,. AGENDA ITEM NO. 0 lai, ` MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA January 19, 1999 7:00 P.M. CITY HALL PRESENT Don Wolfson Robert Frohwein Mary Walker Buzzy Grunthal AND Alan Jensen, City Attorney George Worley, II, CD Director Pat Harris, Recording Secretary ABSENT Pat Pillmore Sharette Simpkins Dezmond Waters The Chairman called the meeting to order and asked for approval of the minutes from the meeting of December 15, 1998. Mr. Frohwein mentioned he had several errors to correct in the minutes and the approval was postponed until later in the meeting. The Chairman recognized Steve Kuti who relayed to the board calculations he made regarding the lot coverage issue at the last meeting of the board. The Chairman explained that the lot coverage issue was not on the agenda for the meeting and thanked Mr. Kuti for his views. NEW BUSINESS: I. Application for Variance filed by Mark Wayshner to construct an addition to an existing nonconforming residence located at 415 Seminole Road. Mark Wayshner introduced himself to the board and explained that he desired to construct a second floor deck addition to his residence which was set too close to the property line when built. iik g t/ Mr. Worley explained to the board that the residence was constructed in 1979 with a site plan indicating that the building would have 7.5 feet setback from the side property lines. The actual construction did not agree with the plan, having 0.8 feet on one side and 11 feet on the other side. The survey lot dimensions do not agree with the site plan measurements which may account for some of the difference. Mr. Worley corrected his staff report to state that the construction would not encroach any further than the existing building but his recommendation would not alter. After discussion, Mr. Frohwein moved to deny the variance and Mr. Wolfson seconded the motion. After discussion, the motion and second were withdrawn after the applicant agreed to amend his application to show that the new construction would not encroach the setback requirements. After further discussion, Mr. Frohwein moved to grant the variance provided that the deck addition project no further than five feet from the northeast property line. Mr. Grunthal seconded the motion and the amended variance was unanimously granted. II. Application for Use-by-Exception filed by Kirt Lynch to operate a business of automobiles, service, rentals, parts and accessories at property located at 1400 Mayport Road. Mr. Kirt Lynch introduced himself and explained that he desired to purchase the property in question and needed the use-by-exception for automobile sales and Ryder Truck Rentals. He stated he would also be selling accessories and would provide minor service work such as batteries and belts. Mr. Lynch stated that he is purchasing 7 lots in Block 50, Section H, however, the use-by-exception he is requesting only covered Lots 1, 2, and 3, block 50, Section H. After discussion, Mr. Grunthal moved to recommend approval of the use-by- exception to the City Commission to operate a used vehicle sales, rental and repair business in the CG district at 1400 Mayport Road, Lots 1, 2 and 3, Block 50, Section H subject to the following conditions: 1. The applicant designate, in a clear manner, the customer parking spaces on- site; 2. The applicant be permitted not more than 25 vehicles for sale or rent at any one time. All such vehicles must be operable; y 3. The vehicle repair business not operate between 9 PM and 7 AM; 4. No inoperable vehicles be stored anywhere on the site; 5. The Use-by-Exception be granted to the applicant only and for this location only. Mr. Frohwein seconded the motion and it was unanimously approved. III. Approval of Minutes of December 15, 1998. The Chairman called for approval of the minutes. Mr. Frowein pointed out several scriveners errors and the minutes were approved as amended. ELECTION OF OFFICERS The Chairman called for election of new officers. Thereupon, Don Wolfson and Robert Frohwein were elected Chairman and Vice-Chairman respectively. DISCUSSION Review and recommendation regarding proposed amendments to the zoning code of ordinances. The Board discussed completing their review of the proposed amendments and their desire to deliver their recommendation to the City Commission within a period of two or three months. They directed staff to place the item on the agenda for the upcoming meetings. Mr. Worley told the board that an extra meeting would probably be necessary to enable review of landscape and lot coverage ordinances and the definitions contained therein should be included so as not to have a discrepancy or conflict. Mr. Frohwein requested copies of the landscape ordinance be furnished to them so they may include it with their amendment documentations. He also requested copies of the modifications of definitions previously submitted to the City Commission. Mr. Grunthal suggested that the amendments be divided into four sections for the next regular meetings but limit their review to one section per meeting The Chairman requested a memorandum be sent to each member covering the applicable sections or divisions of the amendments to be reviewed. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED: ATTEST: 2V7-/422—. Please Type or Print in Ink Application Fee $100.00 APPLICATION FOR USE BY EXCEPTION" RECEIVED NOV 2 4 1998 Date Filed: i i O City of Atlantic BeachrrBuildingandZoning Name and Address of Owner or Tenant in Possession of Premises: KI Ill Ci Phone LV> Po5o0L-- Work: 2C 2_ le 2-7--z. WADI, FL. 3a0 Z Home...21--0Og° Street address and legal description pf the premises as to which the 'UsebyException" is requested: tea t-telfoiNt Q A description of the "Use by Exception" desired, which shall specificallyandparticularlydescribethetype, character and extent of the proposedUsebyException': t`'1 r ()AL cJcs___ s . Se vl c c Raw- Ls , r e s S or,/es Specific reasons why the applicant feels the request should be granted: f e1 t; 3 1 /\ I , r Zoning Classification: CG e0.- 4441° • Signature ppl' cant/applicant's Signatu of caner of the proper y.authorized agent or attorney. If Application cannot be proces ed agent or attorney, include letter without owners signature. from applicant to that effect. 11111 Applicant: Do not •fill-in beyond thisoint. However,Wever, be prepared to respond to the following items: akyrr r xa.ii iliill 1{ld r'ycA.9?' . it '+ i.r 1' .'`i 4"' 'r : i.''''f`. .j r t+1y.3 r a• 01,..,!: til..( Ll` M t ti• yJ I l' ,,y' ..yl i i • at.{ i c F 1a r 'f''1yt + to f ttnJc 4. Y iti!A A§ OCTA IYAL i `6;:i6P > rG, # I`(',} ii Vitt . §x,. ,••,''; V .IRr'd' +Kee '1•* ii, l fl7,l(tv.`a" R'1 1-...r ,1?ht'45'aiS:p:1'.3:,kY;lfj"Y 1`Fo'I i iR'{SL'811a„`r-¢".VTi f3' 1ti' r t :) i" ttL' lr i 1r, 1.. ti 1; 1'l>vY ,>+ s...,,,a:.t ,Yti„J,i„, ' f S.;1.PUI;CHASI,ANDSiiT,E:_ k.11-1- 1--1/4JSsC_e 0r Q.SSt'jr S and ow n @ SZ O 4' t-c-r ov G BUYER”)agreesftobulld Q `^a('{-r y rrn nrY lO.ELLER")agrecstosclleproperlydescribedas: Street Address: t" W( Co r-n o t- o- \J`-1e s-- t? `\ST, Description: Pr-LIc r\4tc_ \eac_Nr,, SeG can \--`, no's y) 2-i q 54_(.07,_2,J and the following Personal Property: N ri N F all collectively referred to as the"Property")on the terms and conditions set forth below.The"Effective Date"of this Contract is thedateonwhichthelastofthePartiessignsthelatestoffer.Time is of the essence in this Contract.Time periods of 5 days or less shallbecomputedwithoutinchfdingSaturday,Sunday,or national legal holidays and any time period ending on a Saturday,Sunday or nationallegalholidayshallbeextendeduntil5:00 p.m.on the next business day. 2. PURCHASE PRICE: CO/O.: 20o 0 Deposit to be held in escrow by In/4 I4-c r- Due,K rwS i7N/ r7 L. O 00, '°b)Additional deposit to be made within clays from Effective Dale c)Total mortgages(as referenced in Paragraph 3) d)Other: lap 0 0 e)Balance to close,subject to adjustments and prorations,to be made with cash,locally drawn certified or $ 9 J. cashier's check or wire transfer. 000, °i7 3. THIRD PARTY FINANCING:Within_.1.. ._..days from EffectiDate("Application Period"),BUYER shall,at BUYER'S expense,appl for third party financing in the amount of$ Co O/0 pp_or_t'aD %of the purchase price to be amortized over a period ofinyearsanddueinnofessthanyearsandwithafixedinterestratenottoexceed0prevailingratefta_%per year orvariableinterestratenottoexceed0prevailingrateatorigination,with additional terms as follows: BUYER shall pay for the mortgagee title insurance policy and for all loan expenses.SELLER shall timely provide any and all credit,employment,financial,estoppel letters and other information reasonably required by any lender.BUYER shall notify SELLERimmediatelyyponobtainingfinancingorbeingrejectedbyalender.If BUYER,after diligent effort,fails to obtain a written commitmentwithin.H days from Effective Date("Financing Period"),BUYER shall either a)waive this financing contingency and proceed with closing orb)reapply at SELLER'S request and at($3"6UYER'S SELLER'S expense for financing at an alternate lender selected by SELLER.Reapplication shall be made within_S days from SELLER'S request.If SELLER does not request reapplication,either party maymatethisContractbywrittennoticetotheotherparty. c LE:SELLER has the legal capacity to and shall convey marketable title to the Property by 6,statutory warranty deed other free of liens,easements and encumbrances of record or known to SELLER,but subject topropertytaxesfortheyearofclosing:covenants,restrictions and public utility easements of record;and(list any other matters to which titlewillbesubject) provided there exists at closing no violation of the foregoing andnoneofthenpreventsBUYER'S intended usy of the Property as erc-- a net (Yl o o r tie u p C-0 P( a)Evidence of Title:SELLER shall,atVSELLER'S 0 BUYER'S expense and within___L-.Z._clays from Effective Date otoClosingDateViromdateBUYERmeetsorwaivesfinancingcontingencyinParagraph3,deliver to BUYER an abstract of title,prepared or brought current by an existing abstract firm or certified as correct by an existing firm.laa title insurance commitment by a Florida licensed title insurer and,upon BUYER recording the deed,an ALTA owner's policy intheamountofthepurchasepriceforfeesimpletitlesubjectonlyto:exceptions stated above. BUYER shall,within 15 days from receipt of the abstract or 7 days from receipt of the commitment,deliver written notice to SELLER oftitledefects.Title shall be deemed acceptable to BUYER if(1)BUYER fails to deliver proper notice of defects or(2)BUYER deliverspropernoticeandSELLERcuresthedefectswithin.. days from receipt of the notice("Curative Period").if the defects are cured within the Curative Period,closing shall occur within 10 clays from receipt by BUYER of notice of such curing.SELLER may elect not tocuredefectsifSELLERreasonablybelievesanydefectcannotbecuredwithintheCurativePeriod.If the defects are not cured within theCurativePeriod,BUYER shall have 10 days from receipt of notice of SELLER'S inability to cure the defects to elect whether to terminatethisContractoraccepttitlesubjecttoexistingdefectsandclosethetransactionwithoutreductioninpurchaseprice.b)Survey:(check one) SELLER shall,within_ACL days from Effective Date,deliver to BUYER copies of surveys,plans,specifications,and engineeringdocuments,if any,prepared for SELLER or in SELLER'S possession,which show all currently existing structures.0 BUYER shall,at BUYER'S expense and within the time period allowed to deliver and examine title evidence,obtain a current certified survey of the Property from a registered surveyor.if the survey reveals encroachments on the Property or that the improvements encroach on the lands of another,0 BUYER shall accept the Property with existing encroachmentsp such encroachments shall constituteatitledefecttobecuredwithintheCurativePeriod. c)Ingress and Egress:SELLER warrants that the Property presently has ingress and egress sufficient for BUYER'S intended use of theProperty,title to which is in accordance with Paragraph 4. d)Possession:SELLER shall deliver possession and keys for all locks and alarms to BUYER at closing. 5.CLOSING DATE AND PROCEDURE:This transaction shall be closed in -1)t Oic k County,Florida on or before the1999orwithindaysfromEffectiveDate("Closing Date"),unless otherwise extended herein.SELLERERshalldesignatetheclosingagent.BUYER and SELLER shall,within ys clays from Effective Date,deliver to Escrow Agentinstructionswhichprovideforclosingprocedure.if an institutional lender is providing purchase funds,lender requirements as topce,time of day,and closing procedures shall control over any contrary provisions in this Contract. a)Costs:BUYER shall pay taxes and recording fees on notes,mortgages and financing statements and recording fees for the deed.SELLER shall pay taxes on the deed and recording fees for documents needed to cure title defects.if SELLER is obligated to discharge any encumbrance at or prior to closing and fails to do so,BUYER may use purchase proceeds to satisfy the encumbrances. 1 1 A _—i i -.... ,.. L.r.ct.snau provide the deed,bill of sale,mechanic's lien affidavit,assignments of leases,updated rent roll,tenant andlenderestoppelletters,assignments of permits and licenses,corrective instruments and letters notifying tenants of the change inownership/rental agent.If any tenant refuses to execute an estoppel letter,SELLER shall certify that information regarding the tenant'sleaseiscorrect:If SELLER is a corporation,SELLER shall deliver a resolution of its Board of Directors authorizing the sale and delivery ofthedeedand.certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conformswiththerequirementsoflocallaw.SELLER shall transfer security deposits to BUYER.BUYER shall provide the closing statement,mortgages and notes,security agreements and financing statements. c)Taxes,Assessments,and Prorations:The following items shall be made current and prorated as of Closing Date 0 as ofrealestatetaxes,bond and assessment payments assumed by BUYER,interest,rents,association dues,insurancepremiumsacceptabletoBUYER,and If the ofassessmentsforthecurrentyearcannotbeascertained,rates for the previous year shall be used with due allowance be am gunt madefor taxes and improvements and exemptions.SELLER is aware of the following assessments affecting or potentially affecting the Property: W NE_ for all assessments of any kind which become due and owing on or after Effective Date,unless the improvemBER shalle entis substantially ponsible completed as of Closing Date,in which case SELLER shall be obligated to pay the entire assessment.d)FIRPTA Tax Withholding:The Foreign investment in Real Property Act("FIRPTA")requires BUYER to withhold at closing a portionofthepurchaseproceedsforremissiontotheInternalRevenueService("I.R.S.")if SELLER is a"foreign person"as defined by the InternalRevenueCode.The parties agree to comply with the provisions of FIRPI'A and to provide,at or prior to closing,appropriatedocumentationtoestablishanyapplicableexemptionfromthewithholdingrequirement.if withholding is required and BUYER does nothavecashsufficientatclosingtomeetthewithholdingrequirement,SELLER shall provide the necessary funds and BUYER shall provideprooftoSELLERthatsuchfundswereproperlyremittedtotheI.R.S. 6.ESCROW:BUYER and SELLER authorize G 11e t— D,c.I i n so^-1/ I n C.Telephone: SSS -12.0(0 Facsimile: 353—`9L1c Address. 2-c ' cto0re.- Ori Ln Ta-c c.r, 3z.zo-L,_-toactas"Escrow Agent"to receive funds and other its s and,subject to clearance,disburse them in accordance with the terms of this Contract.Escrow Agent will deposit all funds received in el non-interest bearing escrow account.0 an interest bearing escrow account with interestaccruingto__WA. scrowAgentreceivesconflictingdemandsorhasagoodfaithdoubtastoEscrowAgent's duties or liabilities under this Contract,he/she maya)hold the subject matter of the escrow until the parties mutually agree to its disbursement or until issuance of a court order or decision ofarbitratordeterminingtheparties'rights regarding the escrow or(b)deposit the subject matter of the escrow with the clerk of the circuitcourthavingjurisdictionoverthedispute.Upon notifying the parties of such action,Escrow Agent shall be released from all liability exceptforthedutytoaccountforitemspreviouslydeliveredoutofescrow.if a licensed real estate broker,Escrow Agent shall comply withapplicableprovisionsofChapter475,Florida Statutes.In any suit or arbitration in which Escrow Agent is made a party because of acting asagenthereunderorinterpleadsthesubjectmatteroftheescrow,Escrow Agent shall recover reasonably attorney's fees and costs,which suchfeesandcoststobepaidfromtheescrowedfundsorequivalentandchargedandawardedascourtorothercostsinfavoroftheprevailingparty.The parties agree that Escrow Agent shall not be liable to any person for misdelivery to BUYER or SELLER of escrowed items,unlessthemisdeliveryisduetoEscrowAgent's willful breach of this Contract or gross negligence. ROPERTY CONDITION:SELLER shall deliver the Property to BUYER at the time agreed in its present"as is"condition,ordinary weartearexcepted,and shall maintain the landscaping and grounds in a comparable condition.SELLER makes no warranties other thanstabilityoftitle.By accepting the Property"as is,"BUYER waives all claims against SELLER for any defects in the property.0) As is:BUYER has inspected the Property or waives any right to inspect and accepts the Property in its"as is"condition.lb) As Is With Right of Inspection:BUYER may,at BUYER'S expense and within © days from Effective Date("InspectionPeriod"),conduct inspections,tests and investigations of the Property as BUYER deems necessary to determine suitability for BUYER'Sintendeduse.SELLER shall grant reasonable access to the Property to BUYER,its agents,contractors and assigns for the purpose ofconductingtheinspectionsprovided,however,that all such persons enter the Property and conduct the inspections at their own risk.BUYER shall indemnify and hold SELLER harmless from losses,damages,costs,claims and expenses of any nature,including attorney'sfees,and from liability to any person,arising from the conduct of inspections or work authorized by BUYER.BUYER shall not engage inanyactivitythatcouldresultinamechanicslienbeingfiledagainstthePropertywithoutSELLER'S prior written consent.BUYER mayterminatethisContractbywrittennoticetoSELLERpriortoexpirationoftheinspectionPeriodiftheinspectionsrevealconditionswhicharereasonablyunsatisfactorytoBUYER,unless'SELLER elects to repair such conditions to BUYER'S satisfaction.if this transaction doesnotclose,BUYER shall,at BUYER'S expense,repair all damages to the Property resulting from the inspections and return the Property toitspresentcondition. Walk-through inspection:BUYER may,on the day prior to closing or any other time mutually agreeable to the parties,conduct a finalwalk-through"inspection of the Property to determine compliance with this paragraph and to ensure that all Property is on the premises.No new issueS'may be raised as a result of the walk-through.Radon Gas:Radon is a naturally occurring radioactive gas that,when it hasaccumulatedinabuildinginsufficientquantities,may present health risks to persons who are exposed to it over time.Levels of radon thatexceedfederalandstateguidelineshavebeenfoundinbuildingsinFlorida.Additional information regarding radon and radon testing maybeobtainedfromyourcountypublichealthunit. 8.OPERATION OF PROPERTY DURING CONTRACT PERIOD:SELLER shall continue to operate the Property and any businessconductedonthePropertyinthemanneroperatedpriortoContractandshalltakenoactionwhichwouldadverselyimpacttheProprerty,tenants,lenders,or business,if any.Any changes,such as renting vacant space,which materially affect the Property or BUYER'S intendeduseofthePropertyshallbepermitted0onlywithBUYER'S consent 0 without BUYER'S consent. 9.RETURN OF DEPOSIT:In the event any condition of this Contract is not met and BUYER has acteSl in good faith and with therequireddegreeofdiligence,BUYER'S deposit shall be returned and this Contract shall terminate. 10.DEFAULT:(a)In the event the sale is not closed due to any default or failure on the part of SELLER other than failure to make the titlemarketableafterdiligenteffort,BUYER may either(1)receive a refund of BUYER'S deposit(s)or(2)seek specific performance.If 0BUYER elects a deposit refund,SELLER shall be liable to Broker for the full amount of the brokerage fee.(b)In the event the sale is not closedoanydefaultorfailureonthepartofBUYER,SELLER may either(1)retain all deposit(s)paid or agreed to be paid by BUYER as agreedliquidateddamages,consideration for the execution of this Contract,and in full settlement of any claims,upon which this Contractterminateor(2)seek specific performance.If SELLER elects to retain the deposit,BUYER shall be liable to Broker for the full amount ofthebrokeragefee. CC-I o 1993 Florida Association of REAlroasSDAlI Rights Reserved. l I 1-.....•••,. .. w r s.rn any claun or controversy arising out of or relating to this Contract,the prevailing party,which forpurposesofthisprovisionshallincludeBUYER,SELLER,and Broker,shall be awarded reasonable attorney's fees,costs and expenses. 12.BROKERS:Neither BUYER nor SELLER has utilized the services of,or for any other reason owes compensation to,a licensed real estateBrokerotherthan: a) Listing Brbkec_,\A/C1 (-ter h f c.k,n co rkZ /O G. who is an agent of gs ELLER 0 both parties 0 neither party 1111who will be compensated by 0 SELLER 0 BUYER 0 both parties pursuant to 0 a listing agreement 0 other(specify) Cooperating Bro er. F irS1 n mr Gtr l t n GwhoisanagentofWIBUYER0SELLER0bollIpartues0neitherparty and who will be compQnsated by 0 BUYERELj ER 0 both parties pursuant to O an MLS or other offer of compensation to acooperatingbrokerVother(specify) Spar tSg,torJ. W\`1 h \%S 4-1 r1b'r o k6,(—'collectively referred to as"Broker")in connection with any act relating to the Property,including but not imited to inquiries,introductions,consultations and negotiations resulting in this transaction.SELLER and BUYER agree to indemnify and hold Broker harmless from andagainstlosses,damages,costs and expenses of any kind,including reasonable attorney's fees,and from liability to any person,arising from1)compensation claimed tvhich is inconsistent with the representation in this Paragraph,(2)enforcement action to collect a brokerage feepursuanttoParagraph10,i(3)any duty accepted by Broker at the request of BUYER or SELLER,which duty is beyond the scope of servicesregulatedbyChapter475,F.S.,as amended,or(4)recommendations of or services provided and expenses incurred by any third party whomBrokerrefers,recommends or retains for or on behalf of BUYER or SELLER. 13.ASSIGNABILITY;PERSONS BOUND:This Contract 0 is not assignable is assignable.The terms"BUYER,""SELLER,"andBroker"may be singular or plural.This Contract is binding upon BUYER,SELLER,and their heirs,personal representatives,successors,andassigns(if assignment is permitted). 14.OPTIONAL CLAUSES:(Initial if any of the following clauses are applicable and are attached as an addendum to this Contract):Arbitration SELLER WarrantSection1031ExchangeWarranty Coastal Construction Control LinegSELLERFinancingFloodAreaHazardZonePropertyInspectionandRepairExistingMortgagePropertyLocatedinUninc.Metro.Dade CountySELLERRepresentationsFeasibilityStudyOther 15.MISCELLANEOUS:The terms of this Contract constitute the entire agreement between BUYER and SELLER.Modifications to thisContractshallnotbevalidorbindingunlessinwritingandexecutedbythepartytobebound.This Contract may be executed in two ormorecounterparts,each of which shall be deemed an original and all of which together shall constitute one instrument.A facsimile copy ofthisContractandanyinitialsorsignaturethereonshallbedeemedasoriginal.This Contract shall be construed under Florida law and shallnotberecordedinanypublicrecords.Delivery of any written notice to any party's agent shall be deemed delivery to that party. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE OF ANORNEYPRIORTOSIGNING.A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE TRANSAC-S.BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRATE PROFESSIONAL FOR LEGAL,TAX,E•NVI-IENTAL AND OTHER SPECIALIZED ADVICE. DEPOSIT RECEIPT:Deposit of$ by 0 check 0 other received on 19 by • Signature of Escrow Agent OFFER:BUYER offers to purchase the Property on the above terms and conditions.Unless acceptance is signed by SELLER and a signedcopydeliveredtoBUYERorBUYER'S agent no later than 0 a.m.0 p.m.on 19 BUYERmayrevokethisofferandreceivearefundofalldeposits. Date: BUYER: 'A as)6;%' Tax IDTitle: No: 1 Telephone: Facsimile:Address: Date: BUYER: Title: Tax ID No: Telephone: Facsimile:Address: ACCEPTANCE:SELLER accepts BUYER'S offer and agrees to sell the Property on the above terms and conditions(0 subject to theattachedcounteroffer). Date: SELLER: Title: Tax ID No: Telephone: Facsimile:Address: Date: SELLER: Title: Tax ID No: Telephone: Facsimile:Address: da Association of Realtors®makes no representation as to the legal validity or adequacy of any provision of this form In any specific transaction.ThisstanardlzedformshouldnotbeusedIncomplextransactionsorwithextensiveridersoradditions.This form Is available for use by the entire real estate Industry and isnotIntendedtoIdentifytheuserasaREALTOR®.REALTOR®Is a registered collective membership mark which may be used only by real estate licensees who aremembersoftheNATIONALASSOCIATIONOFREALTORS® and who subscribe In Its Code of Ethics. The copyright laws of the United States(17 U.S.Code)forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. 91993 Florida Association of REAuroos®All Rights Reserved P.O.Box 725025,Orlando,FL 32872-5025 1711 o0 1 J J N H 0 I I J S. 69'48'00" E. 355 00','i C 0 CHAIN -INK FENCE W17H aAReEJ WIRE •-..'N T - 5 J _ 1 h 1. TC,' . 7-,':'`` 1,1 1 FENC; 14. CONCRETE Z 1 t O hC . a___ SIGN BASE z i 3 11py: o' W 1 2 Eta• `GHS PO\- r- i'W°°- I a C O a2'; L:• 1 L1 0 r, Ip v CONCRETE POWER POLE1CWWITHLIGHT. TRANSFORMER i:u 04J j p0 CL coNCRETE WALKw Y! I Sty` 24.0' / I t2.2 I 110.4' c. I L= BACK orL-o 1 CONCRETE T. COVERED h ,---, -1 0 CONCRETE N SIDEWALK 11, 1 yxi c, STEP M; 1 O W G i e S. i Z 2 V lll...JJJJ 1 ps I ` o24J' I 2.2 cl; 9. 6 CHAIN LINK FENCE w,t; 1' SA.RBED WIRE Cu TC•a T r b C WATER METER aN. 6948 00" W. 00'STEEL LIGHT POLE •355.00' 354.95'- FIELD)N ivL dao IP WEST 41111 Lcr13thS-r F--i- ATTACHMENT B FEBRUARY 8, 1999 COMMISSION MEETING III AGENDA ITEM NO:gel DATE: A - Q g 9 9 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ENGINEERING REDESIGN CONTRACT FOR WONDERWOOD DRIVE UTILITY RELOCATION SUBMITTED BY: Robert S. Kosoy, P.E./Director of Public Works i' DATE: February 2, 1999 BACKGROUND: On December 14, 1998,the City Commission awarded the contract for Engineering Design for Wonderwood Drive Utility Relocation to The R-A-M Professional Group, Inc. (R-A-M),in the amount of$20,000.00. On January 25, 1999,we were informed that relocation of the JEA electrical light poles would necessitate moving one or more force mains into the median, instead of alongside Wonderwood Drive, on the northerly right-of-way, as designed by R-A-M. JEA has already completed their design, which locates their water and sewer lines along the side of Wonderwood Drive. During a meeting with Bessent, Hammack& Ruckman,JEA,Jacksonville Transportation Authority(JTA) and R-A-M, a compromise was reached whereby the City of Atlantic Beach would relocate one of our force mains(the 12-inch effluent outfall)into the median. Relocation of this line was more desirable because there are no services connected to the line, and there has been no history of breaks in the line. JTA had planned to receive all submittals by February 5, 1999. However,due to the these utility conflicts,they have agreed to extend the deadline to February 23, 1999. R-A-M's design is nearly complete for the City's portion of the project,but due to the above issues,a redesign is needed. During a meeting on February 1, 1999,we informed R-A-M to stop work on the current design,which shows both of our force mains located on the north side of Wonderwood Drive. We received a cost proposal for redesign of the project from R-A-M in the amount of$7,900.00, and they advise they can complete the project in two weeks. Therefore, if authorized by the Commission, the design will be complete by the deadline date of February 23, 1999. RECOMMENDATION: Award the contract for Engineering Redesign for Wonderwood Drive Utility Relocation to The R-A-M Professional Group, Inc.,in the amount of$7,900.00. Authorize the City Clerk to send notification of the award to the firm, and authorize the City Manager to sign the contract with The R-A-M Professional Group, Inc. 4(O - 1-ft-fo1- y3s-- 6'300 ATTACHMENTS: Cost Proposal from R-A-M 0 REVIEWED BY CITY MANAGER: 7 c z"/ c g(-- ` 02-01-1999 03:49PM FROM R-A-M PROFESSIONAL GROUP TO 2475843 P.01 EC'Di THE RAM PROFESSIONAL GROUP, INC. ENGINEERING - PLANNING - ENVIRONMENTAL CONSULTANTS January 31, 1999 Via Facsimile: 247-5843 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Re: Wonderwood Drive Utilities Relocation R-A-M Project No. 198-023-01 Dear Bob: This will confirm our conversation earlier today during which you asked The R-A-M Professional Group, Inc. (R-A-M) to suspend efforts within the above-referenced project until further notice (except pay items sheets). Moreover, we discussed three (3) options upon resumption of efforts: Option 1: Leave alignment as is (no change). This option will require one (1) week from notice to resume to complete, and may require additional funding to accommodate excess coordination beyond original agreement. Option 2 (Modification 1 - Option A): - Relocation of force main only to median. This option will require two (2)weeks from notice to proceed to complete, and a fee modification of$7,900.00. It will also require modification to the current JEA water and sewer plans. Option 3 (Modificaiton 1 -Option B): - Relocation of both sewer lines to median. This option will require three (3)weeks from notice to proceed and an additional fee of$10,555.00. It should not require any modifications to JEA's existing water and sewer plans. Our efforts to date are approximately 90% complete, which we will bill through January 31, 1999. No additional funds will be expended without your authorization. We look forward to hearing from you regarding your desired course of action for us to pursue. Best personal regards, THE R-A-M PR ESSIONAL GROUP, INC. Ahl Wayne C. Reed President WCR:Imj 4655 Salisbury Road, Suite 210 - Jacksonville, Florida 32256 904) VOA-4440 - FAX (904) 296- 4580 TOTAL P.01 THE R-A-M PROFESSIONAL GROUP, INC. ENGINEERING - PLANNING - ENVIRONMENTAL CONSULTANTS January 29, 1999 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Re: Wonderwood Drive Utilities Relocation R-A-M Project No. 198-023-01 Dear Mr. Kosoy: Our status of the plans for the above-referenced project as of January 29, 1999 is as follows: 1. We are on schedule for completing the plans for submittal to JTA next Friday, February 5, 1999. 2. The plan and profile sheets are complete except for showing the air release valves, relocated water meters, and any last minute changes. 3. The take off of the quantities has also been completed. 4.Design and drawing of the bracket for mounting the air release valve on the bridge has been completed. The items which have not been completed include: 1.Developing the pay item summary sheets. 2. Location and presenting the air release valves and water meters on the plans. 3. Final review and checking. 4. Final plotting. 5.Permitting (DCHD and RESD). 6. Bid package preparation. 4655 Salisbury Road , Suite 210 - Jacksonville , Florida 32256 904) 296-4440 - FAX (904) 296 -4580 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach R-A-M Project No. 198-023-01 January 29, 1999 Page 2 Please see also the enclosed Project Time Line per your request. Feel free to call me with any questions or comments. Yours very truly, THE R-A-M PROFESSIONAL GROUP, INC. d Frank E. Gray, Jr., P. . Principal and Director of Engineering FEG:Imj Enc. 11111 Project Progress Schedule Utilities Relocation for Wonderwood Connector R-A-M Project No. 198-023-01 12-5-1998 Received call from Bob Kosoy requesting fee proposal 12-7-1998 Received copy of Roadway Plans from BHR 12-16-1998 Notice to Proceed on Plans 12-29-1998 Transmitted 30%Design Plans (Atlantic Beach lines shown parallel and ajacent to JEA alignment) 1-6-1999 Purchase Order Received 1-8-1999 Recieved Comments on 30% submittal from Bob Kosoy 1-8-1999 Received copy of Lighting Plans from BHR and comment that 30% submittal was in conflict with Lighting. (No comments were provided regarding conflict with JEA alignment; no JEA comments were provided at all.) 1-12-1999 Received comments from Reynolds, Smith, and Hills on 30% submittal.(Comments focused on apparent lack of coordination between JEA and R-A-M plans. 1-13-1999 Meeting with Jack Gabriel(JTA), Bob Kosoy(Atl. Bch.)and Frank Gray(R-A-M) Meeting focused on relocation of force mains on the Pucket Creek bridge and the need to quickly coordinate with JEA. 1-13-1999 Meeting with Bob Kosoy(Atl. Bch.), Frank Gray(R-A-M), Ronnie Cox(JEA), George Knecht(JEA), and Jim Mattson(JEA). Meeting focused on relocation of force mains on the Pucket Creek bridge and the need to meet with Carole Smith regarding any decision on the modifying the arrangement of the force mains on the bridge. 1-15-1999 Meeting with Bob Kosoy(Atl. Bch.), Frank Gray(R-A-M), Ronnie Cox(JEA), Carole Smith(JEA), and Jim Mattson(JEA). Meeting focused on relocation of force mains on the Pucket Creek bridge. The discussion included a conference call with Robert Simmons(BHR) to coordinate further. 1-20-1999 Utilities meeting at JTA with Atlantic Beach, JTA, JEA Electrical Transmission,JEA Electrical Distribution, Bell South, BHR, and R-A-M. JEA Electrical Transmission are going to relocate all power poles to the 0 back of the right of way. Decision was made to submit the latest plans on the routing of the Atlantic Beach force mains and then meet with BHR and JEA Electrical Transmission. 1-21-1999 R-A-M transmitted Interim Submittal to Atlantic Beach, JEA Electrical Transmission, and BHR. 1-25-1999 Review meeting at BHR with JEA (electrical transmission),BHR and R-A-M. Review of comments on interim submittal and changes required to avoid conflict between the Atlantic Beach force mains and the relocated power poles. 1-29-1999 Review meeting at BHR with JEA (water and sewer),BHR, JTA and R-A-M. Review of comments on interim submittal and changes required to avoid conflict between the Atlantic Beach force mains and the JEA force main. Decision was made to review the concept of installing one or both of the Atlantic Beach force mains in the median. 0 0 FEE PROPOSAL-HOURS SPREAD BY TASK CITY OF ATLANTIC BEACH-UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD MODIFICATION 1(OPTION A:RELOCATE FORCEMAIN ONLY) The R-A-M Professional Group,Inc. LEAD STRUCTURAL DESIGN SENIOR CADD QA/QC PRINCIPAL CIVIL ENG. ENGINEER ENGINEER DESIGNER OPERATOR CLERICAL ENGINEER TOTAL TASK Task 1-Meet with JTA and City to Review Conflicts/Relocations-DONE 0 0 0. 0 0 0 0 0 0 Task 2-Develop Preliminary Design of Relocated Utilities-DONE 0 0 0 0 0 0 0 0 0 Task 3-30%Submittal/Design Review with Staff-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 4-90%Submittal-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 5-90%Submittal Revisions-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 6-100%Submittal Task 6a-Existing Utilities and Prop.JTA/JEA Imprvmnts-DONE 0• 0 0 0 0 0 0 0 0 Task 6b-HorizontalNertical Relocation of Utilities(Sher Crk)-DONE 0 0 0 0 0 0 0 0 0 Task 6c-Puckett Creek Bridge Impacts-DONE 0 0 0 0 0 0 0 0 0 Task 6d-Soil Cover Adjustments(Max.7.0 feet)-DONE 0 0 0 0 0 0 0 0 0 Task 6e-Plan/Detail Sheets and Technical Specifications 0 4 0 4 0 32 0 0 40 Task 6f-Final Opinion of Probable Costs 0 2 0 4 6 2 0 0 14 Task 6g-FDOT Pay Item Schedule 0 4 0 4 6 2 1 0 17 Task 6h-FDOT Computation Sheets 0 4 0 4 6 2 1 0 17 Task 7-DCHD&RESD Permits Submittals-IN ORIGINAL 0 0 0 0 0 0 0 0 0 Task 8-Additional Coordination with Staff,JEA/BHR,and JTA 6 6 0 6 0 6 4 0 28 Task 9-Bid Package Preparation/Pre-Bid Meeting-IN ORIGINAL Q 4 4 4 IZ 4 4 4 2 Total Manhours 6 20 0 22 18 44 6 0 116 FEE PROPOSAL-HOURS SPREAD BY TASK CITY OF ATLANTIC BEACH -UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD MODIFICATION 1 (OPTION A: RELOCATE FORCEMAIN ONLY) The R-A-M Professional Group, Inc. A. LABOR COSTS (SEE TASKS 1-9. PG. 1) EXPECTED MANHOURS RATE DIRECT PROJECT MANAGER 6 @ 105.00 630.00 LEAD CIVIL ENGINEER 20 @ 95.00 $1,900.00 STRUCTURAL ENGINEER 0 @ 80.00 0.00 DESIGN ENGINEER 22 @ 70.00 $1,540.00 SENIOR DESIGNER 18 @ 60.00 $1,080.00 CADD OPERATOR 44 @ 50.00 $2,200.00 CLERICAL 6 @ 40.00 240.00 QA/QC ENGINEER 0 @ 80.00 0.00 TOTAL LABOR COST 116 7,590.00 B. SUBCONSULTANTS None Anticipated 0.00 TOTAL SUBCONSULTANTS COST 0.00 C. REPRODUCTION COSTS COPIES PAGES COST EXTENSION 100% SUBMITTAL(PLOTS/PRINTS/COMP BOOK) 5 18 @ 2.00 180.00 BID PACKAGE 1 18 @ 2.00 36.00 TOTAL REPRODUCTION COSTS 216.00 D. OTHER COSTS LOCAL DELIVERIES 2 @ 25.00 50.00 TOTAL OTHER COSTS 50.00 E. TRAVEL PROJECT 150 @ 0.32 48.00 TOTAL TRAVEL 48.00 TOTAL 7,904.00 SAY 7,900.00 SUBMITTED BY: vG4_/411 41110 WAYNE C. REED PRESIDENT THE R-A-M PROFESSIONAL GROUP, INC. 29-Jan-99 0 0 FEE PROPOSAL-HOURS SPREAD BY TASK CITY OF ATLANTIC BEACH-UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD MODIFICATION 1 (OPTION B:RELOCATE FORCEMAIN AND EFFLUENT REUSE LINE) The R-A-M Professional Group,Inc. LEAD STRUCTURAL DESIGN SENIOR CADD QA/QC PRINCIPAL CIVIL ENG. ENGINEER ENGINEER DESIGNER OPERATOR CLERICAL ENGINEER TOTAL, TASK Task 1-Meet with JTA and City to Review Conflicts/Relocations-DONE 0 0 0 0 0 0 0 0 0 Task 2-Develop Preliminary Design of Relocated Utilities-DONE 0 0 0 0 0 0 0 0 0 Task 3-30%Submittal/Design Review with Staff-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 4-90%Submittal-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 5-90%Submittal Revisions-ELIMINATE 0 0 0 0 0 0 0 0 0 Task 6-100%Submittal Task 6a-Existing Utilities and Prop.JTA/JEA Imprvmnts-DONE 0 0 0 0 0 0 0 0 0 Task 6b-HorizontalNertical Relocation of Utilities(Sher Crk)-DONE 0 0 0 0 0 0 0 0 0 Task 6c-Puckett Creek Bridge Impacts-DONE 0 0 0 0 0 0 0 0 0 Task 6d-Soil Cover Adjustments(Max.7.0 feet)-DONE 0 0 0 0 0 0 0 0 0 Task 6e-Plan/Detail Sheets and Technical Specifications 0 6 0 12 6 60 0 0 84 Task 6f-Final Opinion of Probable Costs 0 2 0 6 6 2 0 0 16 Task 6g-FDOT Pay Item Schedule 0 4 0 4 6 2 1 0 17 Task 6h-FDOT Computation Sheets 0 4 0 4 6 2 1 0 17 Task 7-DCHD&RESD Permits Submittals-IN ORIGINAL 0 0 0 0 0 0 0 0 0 Task 8-Additional Coordination with Staff,JEA/BHR,and JTA 6 6 0 6 0 6 4 0 28 Task 9-Bid Package Preparation/Pre-Bid Meeting-IN ORIGINAL Q Q 4 4 4 4 4 Q Q Total Manhours 6 22 0 32 24 72 6 0 162 FEE PROPOSAL- HOURS SPREAD BY TASK CITY OF ATLANTIC BEACH -UTILITIES RELOCATION DESIGN FOR WONDERWOOD ROAD 41)MODIFICATION 1 (OPTION B: RELOCATE FORCEMAIN AND EFFLUENT REUSE LINE) The R-A-M Professional Group, Inc. A. LABOR COSTS (SEE TASKS 1-9. PG. 1)EXPECTED MANHOURS RATE DIRECT PROJECT MANAGER 6 @ 105.00 630.00 LEAD CIVIL ENGINEER 22 @ 95.00 2,090.00 STRUCTURAL ENGINEER 0 @ 80.00 0.00 DESIGN ENGINEER 32 @ 70.00 2,240.00 SENIOR DESIGNER 24 @ 60.00 1,440.00 CADD OPERATOR 72 @ 50.00 3,600.00 CLERICAL 6 @ 40.00 240.00 QA/QC ENGINEER 0 @ 80.00 0.00 TOTAL LABOR COST 162 10,240.00 B. SUBCONSULTANTS None Anticipated 0.00 TOTAL SUBCONSULTANTS COST 0.00 C. REPRODUCTION COSTS COPIES PAGES COST EXTENSION 00%SUBMITTAL (PLOTS/PRINTS/COMP BOOK)5 18 © 2.00 180.00 BID PACKAGE 1 18 @ 2.00 36.00 TOTAL REPRODUCTION COSTS 216.00 D. OTHER COSTS LOCAL DELIVERIES 2 @ 25.00 50.00 TOTAL OTHER COSTS 50.00 E. TRAVEL PROJECT 150 @ 0.32 48.00 TOTAL TRAVEL 48.00 TOTAL 10,554.00 SAY 10,555.00 SUBMITTED BY: Await sz.--,-, - amiiiminarAi/ liW' NE C. R=ED RESIDENT THE R-A-M PROFESSIONAL GROUP, INC. 29-Jan-99 ATTACHMENT C FEBRUARY 8, 1999 COMMISSION MEETING ti CITY OF 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE(904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 February 2, 1999 To:The Honorable Mayor and City ommissioners From: Maureen King, City Clerk Subject: Occupational License Application IMMORTAL BODY IN INK Nicole L. Gwyn has submitted an application for an occupational license for a tattoo and body piercing business at 1249 Mayport Road. Section 20-59 of the Code of Ordinances requires approval of the City Commission before an occupational license can be issued for this type of business. In addition to the City requirements, Florida law requires tattooing businesses to operate under the supervision of a doctor and we will require written confirmation from the doctor who will be supervising this business. Also, tattooing businesses must obtain a permit for waste disposal, and must also have written safety procedures approved by OSHA. In the event the City Commission approves this application, an occupational license will not be issued until inspections have been performed and all other requirements have been met. Ms. Gwyn will be in attendance at the Commission Meeting on Monday night to respond to any questions you may have regarding this business. Attachments: Application for Occupational License Statement from principals of the business explaining the nature of their business Section 877.04, Florida Statutes Excerpt from Section 20-59, Atlantic Beach Code of Ordinances CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD,ATLANTIC BEACH,FL 32233 Section 1 APPLICATION FOR X NEW LICENSE TRANSFER OF OWNERSHIP TRANSFER TO NEW LOCATION TRANSFERRING FROM BUSINESS NAME IMMORTAL BODY in INK (Tattoos and Body Piercing) LOCATION ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233 MAILING ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233 PHONE 904/247-9070 FAX N/A EXPLAIN FULLY THE NATURE OF THE BUSINESS SEE ATTACHED SQUARE FOOTAGE OF BUSINESS PREMISES 900 sf Include both buildings and outside areas used in conjunction with the business,but not patron parking areas) NUMBER AND TYPE OF VENDING MACHINES(if any)N/A Section 2. LOCAL PRINCIPAL OFFICER/MANAGER/OWNER Nicole L. Gwyn HOMEADDRESS 1890 West State Road 200; Callahan, FL 32011 DATE OF BIRTH August 21, 1969DRIVER'S LICENSE# 10353752 Texas Attach copy) HOME PHONE 904/225-0231 S.S.# OR FEDERAL EMPLOYER ID 489-92-0636 TATE LICENSE/CERTIFICATION/REGISTRATION#(if applicable,attach copy) Section 3. I,the undersigned swear that the above statements are true and correct and I agree to notify the City Clerk if there is any change in the above information. I further understand that issuance of an occupational license by the City Clerk in no way relieves me of the responsibility of compliance with all provisions of the Code of Ordinances pertaining to conducting a business in the City of Atlantic Beach. x---- ---4:69 .- x, --— Studio Director pature- Title Nicole Gwyn January 25, 1999 Print Name Date NO PERSON,FIRM OR CORPORATION SHALL ENGAGE IN OR MANAGE ANY TRADE,BUSINESS,PROFESSION,OROCCUPATIONINATLANTICBEACHWITHOUTFIRSTOBTAININGALICENSEANDPAYINGANANNUALFEE. APPLICATION AND/OR PAYMENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE. Section 4.-(For office use only) CODE# LICENSE# FEE PAID$ FULL/HALF YEAR STATE REG./CERT. HEALTH CERT. OTHER FICTITIOUS NAME REG. CORPORATION REG. REQUIRES COMM.APPROVAL:YES/NO DATE APPROVED/DENIED BY COMM. BUILDING DEPT.APPROVAL BY DATE FIRE DEPT.APPROVAL BY DATE ZONING APPROVED BY DATE CITY CLERK APPROVAL BY DATE Section 1: Explain Fully the Nature of the Business Immortal Body in Ink would like to represent the community of Atlantic Beach as a tattoo and body piercing studio with the highest standards and most professional studio possible. Our studio will be unique in that it will represent in a clean and sterile environment. Individual booths will afford our artist and customers privacy allowing focused attention on the customer. The studio will be staffed with professional, friendly people representing 25 years of combined tattoo experience. The piercing staff will have combined experience of ten years. Both artist are members of NPA (National Pierces Association), a nationwide organization dedicated to safe and professional body piercing. All members working in the studio are Red Cross certified in CPR and first aid. This is a standard Immortal Body in Ink considers important in better serving our customers. No one under the age of 18 will receive body piercing in this studio without the written consent of their parent or legal guardian. Both parent and child will be requested to sign the studio's standard release form before any procedure will be performed. Immortal Body in Ink permits only the use of pure metals such as surgical stainless steel, titanium, or niobium in initial body piercing. Gold is not authorized due to its impurity which could create health risk in fresh piercing. Gold however is safe after piercing is healed. Again, all of our piercing methods are set to standard in accordance with the National Pierces Association. Tattoo standards will not permit anyone under the age of 18 to be tattooed. Anyone appearing to be or known to be under the influence of alcohol or drugs will not be given a tattoo. Our job is to provide the safest and most effective methods in our field to our customers. Drugs and alcohol are not permitted on or in our studio and anyone not complying with this will be asked to leave the premises. Any woman appearing to be pregnant or stating that they are positive for pregnancy will also not be permitted to be tattooed or receive body piercing. This will be for the safety of the mother and child. The standards stated above are not from Florida Statute 59-R but are the standards for this studio. A copy of these will be made available to our customers. The studio will only specialize in tattoo and body piercing and will not engage in the sale of any other articles not related to these two services. It is our sincere desire to be a safe and sterile studio for those customers seeking the aesthetic services we offer. Sincerely, The staff of Immortal Body in Ink Ig Nicole L. wr Denn Waldrop, oren Clifford 877.04 Tattooing prohibited; penalty.— 1) It is unlawful for any person to tattoo the body of any human being; except that tattooing may be per- formed by a person licensed to practice medicine or dentistry under chapters 458 and 459 or chapter 466, or by a person under his or her general supervision as defined by the Board of Medicine. 2) Any person who violates the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 3) No body of a minor shall be tattooed without the written notarized consent of the parent or legal guard- ian. History.—ss. 1, 2, ch. 59-439; s. 1, ch. 69-118; s. 1148, ch. 71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch. 93-260; s. 1426, ch. 97-102. III 20-59 ATLANTIC BEACH CODE Other service establishments: Telephone company, subject to franchise: First 1,000 phones for instruments or fraction thereof, per phone or instrument operated or installed 075 Second 1,000 phones or instruments or fraction thereof over 1,000, per phone or instrument operated or installed 06 All over 2,000 phones or instruments, per phone or instrument operated or installed 045 Transportation: In addition to the license for the business establishment(physical facility), each individual engaged in transportation shall pay a license fee for each vehicle involved in the business, as follows: Taxi/limousine service Limousine, per vehicle 26.00 Taxi cabs 26.00 Towing/wrecker service Towing/wrecker service, per vehicle 26.00 Trucking Truck, per vehicle 26.00 Vending machines: The licensing of vending machines shall be the responsibility of the business where the vending machines are located and shall be in addition to other license(s) required for the business. Vending machines shall mean any amusement/ game machine, pool/billiard table,'electronic music machine, and any machine which dispenses a product. 0 to 3 machines 26.00 4 to 10 machines 52.00 11 to 19 machines 105.00 20 or more machines (arcade) 262.00 4_ Commission approval will be required before occupational licenses will be issued for the following businesses, and license fees shall be as follows: Passenger vessel 1-50 passenger capacity 100.00 51-100 passenger capacity 1,000.00 101 or more passenger capacity 125,000.00 Day labor employment service 5,000.00 Escort service 25,000.00 Supp.No. 20 1176 TAXATION 20-78 Lingerie modeling shop 25,000.00 900 telephone service or equivalent 25,000.00 Sexually oriented live entertainment 25,000.00 4 Tattoo artist 5,000.00 Teen club 5,000.00 Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7, 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10, 1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on,or which shall hereafter engage in or carry on the business or insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city,which tax shall be in the amount of one(1)percent of the gross amount of receipts of premiums for policyholders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the city. Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on,or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state,an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of two(2)percent of the gross amount or receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the city. Ord. No. 45-80A, 9-8-80) State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. Ord. No. 45-80-4, 9-8-80) The next page is 1221] Supp.No. 20 1177