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02-01-90 SEE OVERSIZE. DRAWING(S) ® MICRO M 3j GRAPHICS W �s Ziefonat-tor and Ness Kaagsrr }C CITY �O�F _� 716 OIDa OCEAN OYAaO P.O.90176 is ATLANTIC BBACH.?WIDA NM T10gHONKIWItM1mM I February 22, 1990 Honorable Mayor and II i 1 City Commission Members P City of Atlantic Beach, Florida 1 Dear Mayor and Commission Members: We have received a request from Gee and Jenson for an addition to their 1 engineering contract in the amount of $6000 for additional work associated with Royal Palms water main project. I Frankly I do not believe there is enough detail or justification to authorize such an expenditure. I believe the Commission should require a 3 detailed account and make a judgement based upon information received. i The City of Atlantic Beach expends a substantial amount of money for ■ engineering services and I think it is incumbent on each of us to diligently review and critique those services. Please advise if you have any questions or desire additional information. 1 Sincerely. K V.iLeiubach City Manager 1 . 1DL/dst. j cc: Barry McNally. Interim Public Services Director , 1 Harry Royal. Finance Director Maureen King, City Clerk 5 d J • • Other Recommendations: The other recommendations the auditors made in their management letter have been reviewed and passed on to the appropriate department or employee, where applicable. I will see that each recommendation is given due consideration. Sincerely, Harry yal Finance Director HER/dst. 1 • Atlantic C I TYOF -7 116 OCEAN BOULEVARD P.O.BOX 25 ATLANTIC BEACH.FLORIDA 52233 a � TELEPHONE(900249-23% 1 February 23, 1990 M E M O R A N D U M TO: KLm D. Leinbach, City Manager FROM: Harry E. Royal, Finance Director In response to the auditors' management letter on internal control, I would like to offer the following comments: Internal Control Weaknesses: 1. Customer Accounts Receivable and Deposits This weakness has existed for many years and is directly related to our utility billing software and limited staff in the Finance Department. I have noted the auditors' recommendation concerning data processing applications and, as you know, have hired a computer consultant to analyze the City's options with regard to both computer software and hardware. 2. Compliance with Grant Contracts The reimbursement error noted by the auditor is the first error of this type brought to my attention. In the future, I would recommend designating the department head who is most directly affected by the grant as the individual responsible for monitoring grant compliance. Compliance Violations: 1. I believe the personnel violations of the type noted by the auditor occur infrequently, but the personnel office of the City will continue to monitor the employees leave records to prevent future occurrences. r tail FEB 2 2 1990 BEACHES COUNCIL ON AGING, INC. Post Office Box 51303 Jacksonville geed,,Florida 32250 • • February 20, 1990 Re: Dial A Ride • The Honorable Mayor William I. Culliford, Jr. . _ , and members of the City Commission - 716 Ocean Blvd. . Atlantic Beach, Fl. 32233 Gentlemen. I an writing to on behalf of the Council on Aging. We are chartered, non-profit, - • and our only business is the operation of Dial A Ride. This you will probably recognize • as a free service for the elderly and disabled of the beaches. Our only income is from memberships and donations. • We have asked the City of Jacksonville Beach to help us. They have budgeted and voted to release to us 52000.00 to help our service. We are asking you to also support us to the extent you can. Will you please consider this request and tell us what you can do. Sincerely, eV/Aen'*c Wilson Merrihew, President Beaches Council on Aging 123 -34th. Ave. So. Jacksonville Beach, Fl. 32250 (904) 249-7553 • -) ~- Pleuve 'Typo or PrLtt in Ink. .~ ~ -ApplicalSon Fee 07B. VU APPLICATIUII FCg !USE BY •EACEPTIOII• Uety 1''l ledt ''~ -~Nnrrny-ir-}GBg-»_ - - Ilnnv and AdJrenv o1 Ovnwr or To,vuh !n 1'esewnetso rt 1'rarluun Lorln V. end Joen B. wll llewe ~.~- '~ ~ .'. _________________________»__-____ - Phone 3827 Harri Lags Road EuL - - ~_ "~~Norkt 703-2330 ' Jeckvvnvillel-Florlde_32211 ~ lipaet Bare Street nddrene and Lpel devvrlptlon o1 t)~ proiaen sv to vbleh the •Unw. by Cwwq•Llm,' Su rrgvwetvdt .. . . ..,... 3211323u 325_and 363 Atslntic Boulevard ~- 8w Surva~-far Lepal prsvioualy subrttLd. ~»»------~ -----------------~» ' . V A deecrlptiou of the •Uee-by Exeeptlon'~dealrvdt~rhicb shell opecltlcelly and pnrtleularly devvrtbe the typo, oharaotar and axlnrt of the propverd •Uoe by F,xcep LSon•t ~ r. ,it,,A ._ ~_ _--..,__ ..~~rc, er prvraoee. _q_v_ ogs e><eegt~on_prene2d 72.66%. Thla'r^ ueaL•'la 78.98% ~i_t--A-taoba3tr___B_wapspe yia~a.h~ees _-- ',. Specltlo rvaoone vhy the epplloaut~tvellr llu~re~'en! tihould ba ~• Bars redone •• previously ^ubrltted and!^ oved. gronledl 1. Restaurant end Shops where erkln ^t~ Pte. _ ________________________ P 6 Palk': and off- - _____~___»____.._,.~ Peak Lleee.~ . tu~ __»»_~ 2.. Alcohol le_Llcema previously granted'~y~;;. ?4!.~~~r; -- - ; - ----'r------------------- :on toeit! lSonl_____ CB Tr~;~ / ~ i ,W"1 ti ~ , a^,'-: ~ " Baorgs,9ull and Lorln V. N1111 Lw• __-- i t ~(; ;-~:}•, previ oualy! author! zed Baorge Bull, J Slpna lure vt of u!%npplicont'r ,'~~~ oulhorizvd o ' ' ,Slgnatyre~ot+orner oL th pr ~ pen! y ogvut or ottorney, r vtlornvy, 1£.f; .` inolude latter ~- ~Applios l e operty. tionr. aunnat 'bv proaeoevd Eros vppllcont !o l , imt attaot. • - ihout owne rs slgneture, Gev ge Bu11 Jr' 1. Ilt~ .. ,~ ~ J'. ~ 1 = - -- -..~ _~ .._....,.. ~ t~9, ....,... ~ ' , ' ~ t ' Yl ~ ~~j~l Applicant, Uo not till Sn b .1•~iw .i.~t.i eyond this reupond !o the tollortng itetol i- , 1 .. pointy {F} (~~ llvrerery be ~prtiporad tv 1 f q ! r r 4@ ~W, ~ t _ .H .k' u,~~•s..l¢ t .. .. ~..i~. .. ~ G ~.__ CITY OF ATLANTIC BEACN CI1Y COMMI33ION MEETING STAFF REPORT AGENDA ITEM, Avndsent to Psrkinq Exception Granted to tM •Shoppes of Northshore• <Bennett'^ Motel Property) SUBMITTED BYE Rene' Angerq Coounity Developwnt Coordimtor DATES February 26, 1990 BACMGROUND~ Upon recosaendation of the Coounity Developaent Burd, tM City Coasission, on July 10, 1989, granted an exuption for an slcoholie Deverege licenp end for • reduotion in perking epees troa 1~0 to !02 for the •Shoppes of Northrhore•. TAe developer^ have Deen unable to obtain financing for the aeeond-floor portion of the projeet and have proposed changing the project to one-story. Property Ares _____________________ 116 Seat Restwrsnt Shops ~ 1st Floor Offius 2nd Floor Total Floor A»e _______________________ Parking Required Parking Provided Exuption Approved Plan Proposed Plan 71,760 Sq. Ft. 71,760 Sq. Ft. _________________________________________ 5,000 Sq. Ft. 10,300 Sq. FI. 13,000 3q. Ft. 30,500 3q. Ft. 1~0 Spaces 102 Spaces 38 Spsces__. 5,000 Sq. Ft. 17,000 Sq. Ft, 22,000 Sq. Ft. 126 Spaus 97 Spsus 29 Spaus RECOIIMENDATIONo Coounity Develapsent Board rewsaends approval ATTACNMENTSt Application for Exuption Proposed 1S/Sje Plan . REVIEYED BY CITY MANAOER~ ~_j~ 1' AGENDA ITEM NO. ~ ~ __ aS 1~ ~: ~, ~,~ .~ ~: I- Fa i=~. 4 ~ \`I~\``v~ •~ N 6 / . J O /~. O 2 O o j .. ~o°< N O~<O /~ = J_ O f d O O J W W 0 J m J ' Q ~- W O J N LL V u z < < x LL_ a 2 0 U H p ~ F r r m - Z I W W Z Q ti Q~ W W H W < < W ¢ W W 6 f F F : N n < n < < .. ..... .._ __. O `^ v u ----- a 'oooo O p W O W W ~~ a .......... a n ¢ ~ ¢ ¢ TN AOMwI ........n.. G:V'r• .r.~.~av .............. ? T fiH~. 9E.-??-33d ~ ~ r. -: ~~ r~.yH 9H1 q1. ORDINANCE NO. 90-90-132 1N ORDINANCN OF THE CITY OF ATLANTIC BEACN ARLNDINO CNA-TRR 2t. TNR CONFRRN611NIVN ZOMIMO ORDIMAMCi AMD LAND DRVRIAFNCMT CODN ACCRFTIYO AYD APFROVINO CNANONB IM TNN 0RDINAYC6 ADOFTIMO TNN FLRRT LANDIMO FLANNCD IRIIT pRVELOFNRNT TO PROVIDE FOR TNN INCLUNION OF AM ADDITIONAL 1.7 ACRRS IN TNN OITN FLAN AND REIdCATIOR OF CNRTAIM FACILITIR,N TNNNRIMi AND PROVIDIMO AN IZFFECTIVf DATN VNEREAS, the Cossunity Dwelop•ent Bard of the City of Atlantic Beach has considered • request for the inclusion of an additional 1.7 Beres into the sib plan of the F1Nt L•ndinB Planned Uni! Developsent and relocation of certain t•eilitiH therein, and MHEREAS, the City Caarission does exercise its porers to •send the Co•prehensiw 2oninp Ordinanu in order to encour•ye the appropriate up of land, and VNEREAS, the plan subaitted rill Awe the use or Arer nusber at dre311nQ units and door •rea~ and the open space is in tM rase general location and in the s•ae general aaount, and tM Duildinas Mve tM s•ae nusber of stories and floor are•p and the rwds and drives Sollw approxiotely the u•e coura, and hwe the saw public or private rights therein? and the plan 1s comistent with tM CosprMensive Plan, NOY TNEREFORE, BE IT ORDAINED BY THE CITY CONRISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLONSt Section 1. There i• hereby adopted, the plans Zor the inclusion of •n additional 1.7 acres inlo the site plan of the Fleet Landing Planned Unit Dwelopsent and relocation of certain tacilitiw therHn. Section 2. TDS^ ordin•nu shall take effect upon its adoption. • . • • • • • ~ Passed Dy the City Conioion on first seadinQ Passed by the City Conission on final reading Approved as to Fors Yilliaa I. Oullitord, Jr. and Correetnesu Mayor. PresldinB Ottiwr Alen C. ]enstn, City Attorney Attests <3EAL> Maureen Nina, City Clerk CITY OF ATLANTIC BEACN ~•~~•, CITY COMMISSION NEETINO,!;: BTAFF'. REPORT. '? : ~ •~ i ~, AOENDI. ITEMf Propored devletioM troy the ~ordiNnoe ererlinp the Fleet Lending Plenned•Un1t Developrrwl~ . ..,' ~ '! .~ ..'. .'I ~.. SUBMITTED BYf Rene' Anperwr CorrunilyDrvrleprent Coordinwtor . JenurrY 22r 1990 ~ ~ ~il~' DATEf ~•II ~t ~ The Fleet Lendin0 dweloprrr ~purohwredj•70l~rerer of lend trop the_ Preriove Property ernesr rogsedin9 is ~Ifr 1e0e1 deroriPtion end !heir deed. The beundesy dereriptlerf tiwfrrrer• ineluded only 68.7 water. Ornerrhip o! thin 1.7 serer bierrr rn irrre be teen • ohorr to delete the developer wnd the erlierr rnd the drveloper w lieelSon for th1^ erer Srow their ^ite pion onlil !hr rwtler could be decided. The entire 70 ware tsrot ter included in';the 'rr~lpldrent. rezaninD end in the oerpsehendvr,plrr .,irrd wN , It he^ nor been deterwined thrt •the devrloperr•ovn thin 1.7 acre parcel end they riwh to inaorpea'rtr it into !heir rli:nn~:w na reloeetinp r wrintenrnar bulldinrr r club hooter eddin shuffle board oourtr rnd en eleatriarl rubrlwltonr wnd by 9 • perkinD carer for seoreetionwl veASa1H.; ~;..,: :. ~.-~ Section 2.1-137 of the Codr of Ordinrnoer Provider thrt •In order _ the city to feoiliteb door edQurternlr to the plant wpproved ee Prrtrlth the ordinenee .PPiovr ohrnperrin ruoA1Plrnr ~hioAntoorply the follorfn0 eriteriwf -'~ - drrl11n9 unity rnd/or 11 There ere the OM os fares .nurber..ot.;} ,. ..... floor eree/ or ~ enesel'lsertlon end in •the 21 The open ^peo- it in the reM D ^ewe penerel reountr or • prrele! rrounll or 71 The buildinR^ hwe tM rrw.?r._1rrr,~p~,pwper of rlorier end/or floor ereet rr ~ rnd navy the .1) The rords rnd driver Lollar tM oM eourei, sere publfo os Privrle ripAlr, tbet~Ain• i~~~~•. f 4 nIL RECOMMENDATIONf Bwrd Sos revlertend rheoorr~ndwti°nOevelopwent ATTACNMENTBf Propored codified rift plrn,.y,)~~ '~ ,li" r~i3~~ , (1: r rY/. /'/7~ ~/J/ REVIEVED BY CITY / , ..~ .~ ,ITEM NO. 7F _~_ •, ,: "; ;'N; j .; i ~ -;: _..' sb. E~~ ~~ CITY OF ATLANTIC REACN CITY COMMISSION MEETING STAFF REPORT AGENDA ITENf Ordin~nw Mo. 90-90-132 Minor Dwi~tione to the F1N! Lending Planned Uni! Dwelopffent SUBMITTED BYf Rene' Angara, Coewnity Dweloprnt Coordinator DATEf Fabrvary 26, 1990 EACKOROUNDf TM City Coaaieaion raoeivW • ragwat for ainor dwiation troy the PUD ordinanw adeptinp F1N! Landing w January 22, 1990 and »tarred the ito to the Coaaunity Dwelopaant Board for tMir swiw end racoaaendation. - ' Your Coawnity Dwelopaent Board rwiwed the propoNl at their aeetinB on February 20, 19'90 end found there to be tM wN nuabar of drellinp unite, Benerelly unohanped open apacq buildings having the saN nuabar of atoriaa end floor area, end rwda tollwing the aaN oourN. RECOMMEMDATIONf In Chet their Sindings rare consistent with provisions of Section 24-133, the Coaunlty Dwelopaent Eoerd recossantls approval. ATTACNMENT9f Ordinanw Mo. 90-90-132 Propowd RwisW Blta Plen REVIEMED BY CIiY MANAOERf AGENDA ITEM NO ____~`~ ~- ~_ ~_ ..: _ PASSED by the City Co~~ission on first reading, this day of , 1990. PASSED by th• City Coe~ieaion on •soond and final reading, this ~_ day of , 1990. ATTESTi - " R EN RI G ~ L RD, R. City Clerk ~ ~~ Mayor,'Prssidinq Officer OBDIMAl1C6 ' 75-90-A AN ORDINANCE AMENDING TH6 CODB OF ORDINANCES OP THE CITY OF ATLANTIC BEACH, ANENDINC CHAPTER 21, TRAFFIC AND MOTOR VBNICLES, ADDING UNDER SEC. 21-17(7) SUBPARAGRAPHS (s), (b) AND (c), TO INCREASE THE FINE FOR UNAUTHORIZED PARKING IN DISABLED PARKING SPACES TO TNO HUNDRED FIFTY DOLLARS (5250.00), ESTABLISHING A FORMULA FOR TBB DISTRIBUTION OF ALL PINES COLLECTED FOR VIOLATION OF SUCH SECTION, PROVIDING AN EFFECTIVE DATE. i' BE IT ORDAINED BY THE CITY CONMISSION OF THE CITY OP ATLANTIC BEACH, FLORI DAs _ Section 1. Subparagraphs (a ). (b), end (c) are added to paragraph of Sec. 21-17, Code of Ordinances to read ea follow e: (a) A person vho ie chauffsuclnq a disabled person shall ba allowed, without need for en Ldenlificetion parking permit, momentary packing in the perking apace Eor the purpose of loading or unloading a disabled pe raon, and no penalty shall W isposed upon the driver for Chia momentary parking. - (b) A parson convicted of violating these provisions regarding parking spaces designated for disabled persons aha 11 be punished by a fine of Two Hundred and Fifty Dollars (5250.00). (cl All Eines collected for violations regarding parking apaeee designated for disabled parsons shall be die tributed as follora: (i) Thirty-five percent (351) shall be pieced in s separate account of the City to be expended only to improve accessibility end equal opportunity to qualified physically disabled persons in the City and to provide funds to conduct public everensea programs in the City concerning physically disabled persona. These funds shall be appropriated by the Clty Commission prior to expenditure, but shall not lapse at the end of any fiscal veer end shall remain available for expenditure for the purposes eta tad herein. (ii) The remaining percentaq• of the floes collected shell be distributed as provided by lsr. - Section 2. Thia Ordinenes shell tak• effect immediately upon its na passage and adoption. • - ~ ~ ~ -' for approval by tba City Cwgigqiep ~.ubd141gion plal, and upon aueA approvgl, record qqa iq tba publie raaordq of Duval Couety. Saotien ~. Tbiq Osdlnanw Wall NM ~ttaetupon lta ldoption. :. ~. i . yaa:ad by tM city ce..i..iaai~en~ti`~aiwo'.. ~ . r.^..d by en. city Ceagiaiea eq :tigaei'::l tiul ra~uigo ~~~____ ~i 'i' ~'4'~iilio~~I•r Ouilitord, Jr. .'' Meyer, h'Midigq Oltiaar Approval qq to Fora aqd Corrgotggaqt.. - . J City Attornq Attagtt , '' ,i ~ n t i ! ` S[;~ eauraan Kinq. City Clark (,'. R ..i~. 1~, ~1.' b rl f ~} ~. L: 7~ ~ f, Y~'i :ii , ^~ r, E ~ ~~, 4 4;. ~K: ir.~' I~V~ fL ~~?t Y 1':. . ~ '' ~~+,V! Ili.. e' • a. f r ~:' - r ,i '~..i .. +, . - ---_-.. ~;~ i ,~ at ~ • - ORDINANCE NO. 90-89-148 AM ORDINANCt OP Tilt, CITY: D/ ATLANTIC BNACN ACCtPTIMO AND APPROYIMO LAND DNYq.OPMNMT PLAN AMD PBOPOBAL BOBNITTBD NY A81100•'' INC.• AMD - ' CERTAIN COMDITIONB POR DLYtLOPNgiT OP LAND IN TMt CITY OP ATLANTIC BtACNI PBOYIDSNO AM CFFECTIYC DATN -~ rNEREAS, thr City Cwril rfon~ ~hrrlam prAsnt.d • lrnd dw.lop.rnL plrn rnd psopwrl by Arhoo, Ino., rrttinp forth condilionr undrr rhioh dwrieprrn! at !Ar lrnd Arrrinrttrr drreribrd rill oonrtitutr rn innwrtivr drrrleprrot psojret/ rnd J.. YNERCAS, thr plan rnd propoal rubrlltrd rrduorr thr d.arily perrittrd undrr prrrrnt :oninB .rnd subdiylddln rr8ulrtionr rnd will rrduor thr irpret on publio ZrcilltiM arorrrrry to rrtvr thr projret, rnd .. ~ . MNEREAS, thr plrn rnd ploporrl ril srduer !Ar •pryeAolo81er1 brrrirr• to publio vrr a! thr brrob rnd rrduer tarok oon8rrlion, rnd _ MHEREAS, thr proprrty drroribM dwr not rwt !hr rrquirornts in rizr for ^ Plrnnrd bait Drvrloprrnt, rnd MHEREAS, !M City dHtlH to rOOrpt tAr propwrd plrn rubrittrd by MAoo, Ino., for dwrlopwn! of thr proprrty rithout rrrndinp my of ib prrrrnt 3rnd ua srpulrtionr rnd doss Mrrby Sind thrt the plrn rill br oorprllblr. rith thr rursoundin8 proprrtiw. NOM THEREFORE, BE I7 ORDAINBD BY TNt CITY CONMI88ION OF TN6 CITY OF ATLANTIC BEACH, FLORIDA, AB POLLOYBI Bretton 1. Motrithrtrndin8 !br pswirioa'ot tM Oedinrnu Cadr oZ tM City o! Atlrntio BrroA, tM plra rM proporrl for dwrlopinB proprrty of ArAOO, Ino., drroribrd in rnd fa rooordrnw r1lQ thr drrirn qurlity rtrndrrdr !ar KiSfrny by tAr 'Bar•, rnd tM qrr lr rArrby reerptrd rnd rpprwrd. Srotton 2. ihrrr oopirr of tAr plrn rnd psopopl drreribrd in Srction 1 rrr on Stir in tM olfiw of tM City Clrrk rnd rrr by rrfrrrnor ineorporrtrd brrrfn N if Brt fartA .vrsbrtir in tAtr ordinrner. TAr plrn rnd propoal for dwrloprrnt rArll rrrrin on file rnd ..y not br rwnded er dwirtrd Iron rithout prior rpprovrl of tAr City Coufrrlon rnd aatior to tM proprrty ornrrr of tM proprrty drwribrd tMrrin. Srction ]. TAr ornrrr of thr proprrty ~r8srr LArt prior to .pplyinB to thr City for my bulldinB prrrtt !hp mill sword in the publio rroordr of Duvrl County tM oovrnrntr, oondltionr, rartrictionr rnd drrlBn qurlity rtrndrrdr rubrfttrd to rnd ^pprovrd Dy tAr City for Arhoo, Ino„ ^ Dopy of rA1oA 1^ filyd rith thr City Clrrk of Atlrntio Brrob and sArll prrprrr rnd rubrlt E%HIBIT ^A" BTORHHATER MARACEMENT SYSTEM OF TIFFARY BY TAE SEA, according to plat thereof as recorded in Plat Book 15 page 93, of the current public records of Duval County, Florida. n•tention Ponds. located as follows: AS PER ATTACHED PLANS rtnderaround Drainfielda, located as follows: AS PER ATTACHED PLANS V Storm Drainage Paciliti es, located as follows: AS PER ATTACABD PLANS ~~ ~~ "~ IN VII TNESS NREREOF, thin Declaration has been esecuted on this 12th day of cebruarv 199, by Declarant, acting by and through its undersigned officer xho is thereunto duly authorised. Signed, sealed and delivered in the presence of: i ASRCO, INC. a Florida Corporation v sy: Edward Ash, President ^DECLARANT" (CORPORATE SEAti) STATE OF FLORIDA COUNT? OF DUVAL The foregoing instrument was acknowledged before me this 12th day of lebruarv 19$4, by Edward Aah, as President of Ashco, Inc., a Florida Corporation, on behalf of the corporation. Notary Public, State of Florida at Garga Hy commission Expires: Section 5. Amendment with Consent of Owner and Effective Period. In addition to the rights of Declarant as set forth in Section 4 above, this Declaration may be amended during the first twenty (ZO) year period by an instrument signed by not less than ninety percent (90\) of the Lot Owners and by Declarant until the Claes B membership of the Declarant in the Association shall cease, and thereafter by an instrument signed by not less than aeventp-five (75\) of the Lot Owners. Any amendment must be recorded. Section 6. Annexation. Additional real property located in Duval County, Florida, which map be acquired bq Declarant map be annexed (i.e., subjected to the terms of this Declaration and brought within the jurisdictibn of the Association) by the Declarant without the consent of the members of the Association within ten years of the date of recording of this Declaration. In no event shall any common Area be annexed without the approval of two-thirds of each class of members of the Association. Section 7. Leeal Action on Viola ion If any person, firm, corporation or other entity shall violate or attempt to violate any of the provisions of this Declaration, it shall be lawful for Declarant, the Association or Owner to (a) prosecute proceedings at law for the recovery of damages against those so violating or attempting to violate the provisions of this Declaration; and (b) prosecute proceedings Sn equity for the purpose of preventing or enjoining all or anp such violations or attempted violations, PROVIDED, HOHEVER, that the owner of occupant of any residence on anY Lot shall not have any right or cause of action for damages or to maintain a proceeding in equity or any claim whatsoever against any Builder (building and/or construction company) for violating Section 5, Article VI, of this Declaration. The remedies contained in this paragraph shall be construed as cumulative of all other remedies now or hereafter provided by lax. The failure of Declarant, the Association or any Owner to enforce any covenant or restrictions or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed as a waiver of the right to enforce the same the-eaf ter as to the same breach or violation thereof occurring prior or subsequent thereto. Declarant and Association shall not have any liability to any Owner, mortgagee, or tenant for failure to enforce any of the provisions of this Declaration. Any Owner found in violation of any of the proviaiona of this Declaration shall be obliged to pay a reasonable attorneq's tee to the successful, plaintiff in all actions seeking to prevent, correct or enjoin such violations or in damage suits thereon. All provisions of this Declaration shall be deemed several and independent. The invalidity of any of the provisions of this Declaration shall in no way impair the validity of the remaining proviaiona oc any part hereof. ARTICLE VI - GENERAL PROVISION6 ^^'ion 1 Association Nav correct Violations. Wherever there shall have been built or there shall exist on anY Lot any structures, building, thing or condition which is in violation of any provision of this Declaration, the Association shall have the right, but no obligation, after ten (10) days written notice has been given to the Lot owner '. of such violation, to enter upon the Property where such violation exists and summarily to abate, correct or remove - the same, all at the expense of the Owner of such Property, which expense shall be payable by such Owner to the Association, on demand, and such entry and abatement, correction or removal shall not be deemed a trespass or make the Association liable in any waY for any damages or account thereof. Section 2 Approval of Declarant. Wherever in this Declaration the consent or approval of the Declarant is required to be obtained, no action requiring such consent or approval shall be commenced or undertaken until after a - request in writing seeking the same has been submitted to and approved in writing by the Declarant. Such request shall be sent to the Declarant by Registered Nail with return receipt requested. In the event that the Declarant fails to act on any such written request with in thirty (30) days after the same has been submitted as required above, the consent or approval of the Declarant to the particular action sought in such written request shall be presumed; however, no action .~ shall be taken by or on behalf of the person or persons submitting such written request if the request violates any of the provisions in this Declaration. Section 3 Declarant may Designate a Substitute The Declarant shall have the sole and exclusive right at any time, from time to time, to transfer and assign to, and to withdraw from, such person, firm or corporation as it shall elect, any or all rights, powers, privileges, authorities and reservations given to or reserved by the Declarant by any part or paragraph of this Declaration or under the provisions of said Plat. If at any time hereafter there shall be no person, firm or corporation entitled to exercise the rights, powers, privileges, authorities and reservations given to or reserved by the Declarant under the provisions hereof, the same shall be vested in and be exercised by the Architectural Control Committee. Nothing herein contained, however, shall be construed as conferring any right, powers, privileges, authorities or reservations in said committee except 'in the event aforesaid. s +ion 4 Amendments Releases by Declarant. The Declarant reserves and shall have the sole right (a) to amend this Declaration, (b) to include in any contract or deed Or other instrument hereafter made any additions] covenants, restrictions, and easements applicable to a particular Lot, PROVIDED, HOWEVER, that any amendments or additions to this Declaration shall conform to the general purposes and standards of the provisions herein contained, and (c) to release any Lot from any of the provisions of this Declaration which have been violated (including without limiting the foregoing, violations of building restriction lines, setback lines, and provisions hereof relating thereto) if the Declarant, in its sole judgment, determines such violations to be minor and insubstantial. Feet+on ~. Maintenance. Certain Lots contained xithin the Properties are adjacent to or are part of an Ocean constituting a portion of the Storm Water system Eor Tiffany By The Sea ( the Ocean Front Lota). The Owner of each such Ocean Front Lot shall maintain the Lot so that grass, planting or other lateral support of the embankments shall prevent erosion of the embankments and shall be maintained in a clean, neat and orderlp condition. The embankments shall not be changed without the prior written consent of the Architectural control Committee. The cost of maintenance of embankments and land areas of an ocean Front Lot shall be solely the cost and expenditure of the Owner of such Lot. The Association shall control the growth of and eradication of plants, foil, reptiles, animals and fish in a manner as may be consistent with reasonable ocean Front maintenance for the preservation of said areas as a part of the Master Drainage System and Storm Water Management system f or the Properties and for the preservation of said areas so as to aesthetically benefit the Owners of all Lots located in Tiffany By The sea development. In the event any Owner shall fail to or refuse to perform any maintenance required hereunder, the Board of Directors of the Association may serve notice upon such Owner demanding that such Owner perform the maintenance required hereunder with in thirty days after date of notice thereof certified mail, postage prepaid to such Owner's address as shorn by the records of the Property Appraiser of Duval County, Florida. If, after the expiration of such thirty day period, such Owner has failed or refused to comply xit6 the demands st.a ted in the written notice, then the Association may cause such maintenance to be made, and the Association shall be entitled to levy a special assessment against the Owner of such ocean Front lot doe the cost of such maintenance. Such assessment shall in every respect constitute a lien as any other assessment levied by the Association and shall also be the personal obligation of the Owner of such Lot. Section 2. Access for Maintenance. Declarant, Association, their authorized agents and assigns are hereby granted a perpetual easement for ingress and egress over any portion of a Lot adjacent to or a part of any oceanfront Lot located in Tiffany By The sea for the purpose of inspecting and performing maintenance on the ocean access and dunes in accordance with the terms of this Declaration or performing any maintenance as required under Section 1 hereof, in the event the Owner of such Lot shall fail or refuse to perform such maintenance. All man-made fences and shrub fences on any Lot bordering on the oceanfront shall have gates located to provide Eree access to any ocean front for Declarant, the Association, and their authorised agents and assigns. Section 3. Maintenance of Other Easements of Stormwater Management Svstem. All other elements of the Stormxater Management System that are not maintained by the Atlantic Beach Utilities, Inc., shall be maintained by the Association. Section 4. Liability. Neither Declarant nor the Association shall have liability xhatsoever to Owner, guest, tenants or invitees in connection with such Lot and each Owner, for himself, his guests, tenants and invitees hereby releases Declarant and the Association from anp liability in connection therewith. Section 18. Windows. Air conditioning Units and Fans. No xindox air conditioning units, fans, or exhaust fans shall be installed or permitted to remain on any residential dwelling constructed on any Lot. Section 19. Window Coverings. No plastic, foil or similar material shall be permitted on any window of a residential dwelling constructed on any Lot. Section 20 Well Limitation water Service and Sewer Disoosal. Atlantic Beach Utilities Inc., or its successors has the sole and exclusive right to provide all water and sewage facilities and services to the property described herein. No well of any kind shall be dug or drilled on any of the Lots to provide water for use within the structures to be built, and no potable water shall be used within said except potable water which is obtained from Atlantic'Beach Utilities inc., or its successors or assigns. Nothing herein shall be construed as preventing the digging of a xell to be used exclusively for use in the yard or garden of any Lot or to be used exclusively for air conditioning.' All sewage from any building must be disposed of through Atlantic Beach Utilities Inc., or its successors or assigns. No water from air conditioning systems, ice machines, swimming pools, or any other form of condensate water shall be disposed of through the lines of the sewer system. Atlantic Beach Utilities, Inc., has a non-exclusive perpetual and unobstructed easament and right in and on, over and under 'properties for the purpose of ingress, egress installation and/or repair of water and sewage facilities. Section 21. Water and Sewage R aulations All Lots and the dwellings thereon are subject to all regulations relative to water and sewage rates, usage, rights, privileges and obligations regarding such service as may be adopted from time to time by Atlantic Beach Utilities, Inc., its successors and assigns. Atlantic Beach Utilities, Inc., its successors and assigns may discontinue service of water or sewage disposal to any Lot and the dwelling thereon for non- payment of periodic charges for either service. In the event an Owner shall fail to or refuse to perform any maintenance required hereunder, the Board of Directors of the Association may serve written notice upon such Owner demanding that such Owner perform the maintenance required hereunder within thirty days (30) after date of notice thereof by certified mail, postage prepaid to such Owner's address as shown bq the records of the Property Appraiser of Duval County, Florida. If, after the expiration of such 30 day period, such Owner has failed or refused to comply with the demands stated in the xritten notice then the Association may cause such maintenance to be made, and the Association shall be entitled to levy a special assessment against the owner of such Lot for the cost of such maintenance. Such assessment shall in every respect constitute a lien as any other assessment levied by the Association and shall also be the personal obligation of the Owner of such Lot. Section 14. Sicns. (a) No sign of any character shall be displayed or placed upon any Lot except Eor the following: (i) "FOR RENT" or "FOR SALE" signs, which signs may refer only to the particular premises on which displayed, and shall be of materials, size, height and design approved by the Architectural Control Committee, which approval shall not be unreasonably withheld, and (Si) those signs required by law oz statute. The Owner of any Lot violating the provisions of this paragraph shall correct said violation upon notice from Declarant or the Association. (b) Nothing contained in this Declaration shall prevent the Declarant or any person designated by the Declarant from erecting or maintaining such commercial and display signs and such temporary dwellings, model houses and other structures as the, declarant may deem advisable for development, sales or rental purposes. (c) Notwithstanding anything contained herein ~~the Declarant, the Architectural Control Committee oc their designated representatives or any person having the right to enforce this Declaration may enter upon any lot and summarily remove any signs which violates the provisions of this Section and such entry and abatement, correcting or removal shall not be deemed a trespass or make the Declarant, the Architectural Control committee, their designated representatives, or any person having the right to enforce this Declaration, liable in anywise for any damages on _ account thereof. ' _Section 15. Pets. Not more than two dogs or two cats or four birds (excluding parrots) or four rabbits may be kept on a single Lot for the pleasure and use of the occupants, but not for any commercial or breeding use or purpose. If the animal or animate become dangerous or an annoyance or nuisance in the neighborhood or to nearby property or destructive of wildlife, they may not thereafter be kept on the Lot. Birds and rabbits shall be kept caged at all times. Section 16. Uokeeo .and Maintenance of Dw Lots. Each Lot Owner shall prevent the occurrence of any unclean, unsightly or unkempt conditions of buildings or grounds of any Lot or unit which shall tend to decrease or adversely affect the aesthetic appearance of the development of specific areas therein. _Section 17. No Ofl ensive Activities. No illegal, noxious or offensive activity shall be permitted or carried on any part of any Lot, nor shall anything be permitted or done thereon which is or may become a nuisance or annoyance to the neighborhood. No trash, garbage, rubbish, debris, waste material or other refuse shall be deposited or allowed to accumulate or remain on any part of any Lot or upon~any Lot or Lots contiguous thereto. No open fires or incinerators for burning of trash, leaves, clippings or other ' debris or refuse shall be permitted to be on anq part of any Lot or road right-of-ways. All garbage shall be kept in covered receptacles and their in places on the Lots as determined and approved by the Architectural Control Committee. A11 garbage receptacles must be promptly removed from public view after garbage collection. No clothing or any other household fabrics shall be hung in the oyes on any portion of any Lot. near a Lot line, and such conduit to each Lot shall be, become and remain the property of the Owner of the Lot. Each Lat Owner requiring original or additional electric service shall be reaponsible to complete at his own expense the secondary electric service conduits and wires (including those in the conduit provided by the Declarant), conductors and other electric facilities from the point of the applicable transformer to the residence or other building on the Lot, and all of the same shall be and remain the property of the Owner of each Lot. The Owner, from time to time, of each Lot shall be responsible for all maintenance, operation, safety, repair and replacement of the entire secondary electrical system extending from tha applicable transformer to the residence or other building on his Lot. Section 10 Completion of Commenced Construction when the construction of any approved building is once begun, work thereon shall be prosecuted diligently and continuously until the full completion thereof. The main residence and all related structures shown on the plans and specifications approved under Article V hereof must be completed within eight (e) months after the start unless such completion is rendered impossible as the direct result of strikes, fires, national emergencies or natural calamities. At the commencement of construction on any Lot, all vehicles involved in such construction, including those delivering materials and supplies (except those trucks large or heavy enough to damage said driveways).shall enter upon such Lot from the street only at the driveway. Such vehicles shall not be parked at any time on the street oc upon Property other than the Lot on which the construction is proceeding. Section 11 No picnic Areas Prior to Construction No picnic areas and no detached outbuildings shall be erected or permitted to remain on any Lot prior to the start of construction of a permanent residence thereon. Section 12 No sheds shacks or trailers Nc shed, shack, trailer, tent, barn, basement, outhouse, or other temporary or movable building or structure of any kind shall be erected or permitted to remain on any Lot; provided, however, a party tent may be erected on any Lot for a period of no more than forty eight (46) hours. However, this paragraph shall not prevent the erection of a temporary office and other buildings during the period of actual construction of the main residence and other buildings permitted hereunder, nor the use of adequate sanitary toilet facilities for workmen doting the course of construction. Likewise, any contractor or sales person may maintain a trailer or portable construction shack of attractive design on any Lot used in connection with the construction or sale of houses being built in the subdivision for no longei than thirty six (36) months. Section 13. Residing Only in R iden No trailer, basement, garage or any outbuilding of any kind other than a guest house or servant's quarters, even iE otherwise permitted hereunder to be or remain on a Lot, shall be at any time used as a residence either temporarily or permanently, except that a trailer may be used for office purposes during the peziod of construction of the main dwelling. Sectian 5 Set Back for All Structure No residential dwelling or other structures shall be located on any Lot, other than area specified for each individual Lot as attached hereby. erection 6. Other Structures. No other improvements or structure, whether attached or detached, shall be erected or placed on any Lot without the pri oc written consent of the Architectural Control Committee. Section 7 Resubdividina or R ola ina Declarant reserves the right to resubdivide or replat any Lot or Lots shown on said Plat including, but not limited to, the right to subdivide or replat any Lot for rights-of-ways for road purposes and easements, provided that no residence shall be erected upon, or any resident allowed to occupy said replatted or rea ubdivided Lot or fractional part or,parts thereof, having an area less than the smallest Lot shown on said Plat, subject to the provisions of the Zoning Regulations for the Consolidated City of Atlantic Heath, Florida, and the restrictions herein contained shall apply to each Lot as replatted oc resubdivided except any Lot of Lots or any parts thereof resubdivided for rights-of-ways for road purposes or easements. No wheeled vehicles (excluding automobiles and vans bearing no commercial signs) of any kind, including but not limited to, camper trailers, recreational vehicles, motor homes, mobile homes, boats, boat trailers, or any other offensive objects shall be kept or parked on any Lot oc street shown on the Plat of Tiffany By The Sea, except such vehicles may be kept if completely inside a garage attached to the main residential dwelling, provided, the garage door is closed except fro entry and exit or within the rear or side yard of a lot provided the same are screened by privacy fence approved by the Architectural Control Committee and further provided the same are not in a state of disrepair. Private automobiles and vans of an Owner, his guests, or the lawful occupants of a residential dwelling, bearing no commercial signs may be parked in the driveways of a Lot. No vehicle of any kind may be parked or permitted to remain on the grassed area of any Lot, except as hereinabove stated. Commercial vehicles may be parked in the driveways during the times necessary for pick-up and delivery services, and solely for the purpose of providing such service to Lot Owners, their quests, invitees or of lawful occupants of a Lot. Repairs, outside of the closed garage, of wheeled vehicles of any kind, boats and boat trailers, etc. is prohibited. Nothing contained herein shall be construed to prevent any builder, sub-contractor or supplier to park trucks or other commercial vehicles of any kind on any Lat or street during the the course of development of the Property or construction or reconstruction of a residential dwelling. Section 9 No Overhead wir All telephone, electric and other utility lines and connections between the main utilities lines and the residence and other buildings located on each Lot shall be concealed and located underground so as not to be visible. Electric service is provided by the City of Jacksonville Beach, Florida, through underground primary service lines running to transformers. The Declarant has provided underground conduits to serve each lot extending from the point of applicable transformer to a point at or Section 2. Easements. (a) The Declarant hereby reserves an easement privilege and right on, over and under the easements shown on the Ptat of Tiffany By The Sea to erect, maintain and use electric and telephone wires, cables, conduits, water mains, drainage lines or drainage ditches or drainage lakes and ponds, sewer and other suitable equipment for drainage and sewage disposal purposes or for the installation, maintenance, transmission and use of electricity, gas, telephone, lighting, heating, water, drainage, sewage and other conveniences or utilities (whether such easements are shown on said Plat to be for drainage, utilities or other purposes). The Declarant shall have the unrestricted right and power of alienating and releasing the privileges, easements and/or rights referred to in this paragraph. The Owners of Lots subject to the privileges, rights and easements referred to in this paragraph shall acquired no right, title or interest in or to any wires, cables, conduits, pipes, main lines or other equipment or facilities placed on, over or under the property which is subject to said privileges, rights and easements. (b) Nithin the aforesaid mentioned easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change, obstruct or retard the direction of flow of water through drainage channels in the easements or in existing drainage ponds and lakes. The easement area of each lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, the utility company to the Association is responsible. (c) In no event is any Lot in the said Plat to be subdivided- unless a vote of 1009 of Owners has been obtained. (d) Easements for vehicular and pedestrian ingress and egress and for the installation, operation and maintenance of utilities and drainage facilities are reserved in, under, over and through all streets, roads, drives, courts, lanes, ways and rights-of-way on the aforesaid recorded Plat. These easements shall be terminable in whole or in part by a local public authority or utility of the applicable easement area. (e) Declarant hereby grants to the Association, its successors and assigns, a perpetual easement over ten feet as shown on Plot Plan Map lots 1 - 26, Tiffany By The Sea, for the construction and maintenance of a decorative masonry wall, or fence, or such type of wall or fence as the Association may desire, together with the right of ingress and egress over Lots 1 - 26, Tiffany by The Sea, for the purpose of construction and maintenance of said wall or fence and the improvement and maintenance of the area. Section 3. Motorist's Vision to Remain Unobstructed No fence, wall, hedge, shrub, bush, tree, or other things, natural or artificial, may be placc3 or located or maintained on any Lot if the location of same will, in the sole judgment and opinion of the Association, unreasonably obstruct the vision of the motorist upon any of the streets. Section 4. Minimum cn,o rn w~~t~~e fem. ~ o.i ~~~~ie Residence. No residence which is the principle residence on a lot shall be erected or allowed to remain on any Lot in Tiffany By The Sea unless the square footage of heated living space thereof, exclusive of porches, garages and storage rooms, shall equal or exceed 1,800 square feet. Section 1~ Fxemot Property All properties dedicated to and accepted by a local public authority or private utility provider and all properties owned by charitable or nonprofit organisation exempt form taxation by the laws of the state of Florida shall be exempt from the assessments and charge for capital contributions created herein, except however that no land or improvements devoted to dwelling use shall be exempt from the assessments and charge for capital contributions created herein (except as described in section 7 of this Declaration). ARTICLE IV - ARCRITFmm~war_ CONTROL .No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property nor shall any exterior addition, change or alteration of any structure be made; nor shall any radio, television aerial or antenna, satellite dish, or other exterior electronic or electrical equipment or device be installed on the property; or shalt any mail box, newspaper box or other receptacle of any kind for use in the delivery of mail, newspapers, magazines or similar materials be installed or located on the properties; until thn plans and speciEicationa showing the nature, kind, shape, height and materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of The Asaoci ation or by an Architectural Conttol Comml ttee composed of three or more members appointed by the Board of Directors. In the event said Board or its designated committee fails to approve oc disapprove such design and location within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. This Article shall not be applicable tc any such activity conducted by or on behalf of a Declarant. ARTICLE V - USF RESTRI Ttnxs Section 1 Land Use and B ildina T Unless approval in writing is given by Declarant prior to the cessation of Declerant's Class B membership in the Association, and except as authorized by Section 6 and Section 14 of this Article and except as to Lots conveyed to Tiffany By The Sea's Ronteowner's Association, Inc., (a) no Lot shall be used except for residential purposes and for associated purposes such as for easements and for storm drainage; (b) no.building shall be erected, altered, placed or permitted to remain on anq Lot other than one detached single-family dwelling not to exceed three and one-half (3 I/2) stories in height from the highest natural ground elevation of that lot and a private garage for not less than two cars; and (c) no building situated on any Lot shall be rented or leased separately from the rental of khe entire Lot; provided that nothing herein contained shall be construed to prevent Declarant from subjecting anp Lot to a right-of-way for road purposes or to road or utility easements and, if a Lot is so burdened, the Declarant may elect not to apply the covenants, conditions, easements and restrictions in the Declaration, or some of them, to such Lot. assessments against such Lot, provided that Declarant fund any deficit in the annual operating expenses of the Association. Declarant may, at any time, commence paying such assessments as to all Lots that it owns and thereby terminate its obligation to fund deficits in the annual operating expenses of the Association. Section 7. Date of Commencement of Annual Assessment: Due Dates. The annual assessments provided for herein shall commence as to a!1 lots on the first day of the month following the conveyance of the first lot. Initial annual assessments shall be adjusted according to the number of months remaining in the calendar year. The board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The association shall, upon demand and Eor a reasonable charge, furnish a certificate signed by an officer of the Association setting Earth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of it's issuance. Section 0. Capital Contributions - Due Rates. The charge fvr capital contribution shall be Fifty and no/100 'Dollars (550.00) for each conveyance of title to any Lat. The charge for capital contributi ono shall be due and payable to the Association within ten (10) dates after conveyance of title to a Lot together with a copy of the deed evidencing such conveyance. Notwithstanding anything that may be contained to the contrary herein, this provision for capital contribution shall not apply to any conveyance of a Lot by Declarant to a Builder and shall not apply to any person oc entity that acquires title to a Lot as a result of foreclosure of a mortgage. Capital Contributions• Remedies of the Association Any assessment or Capital contributions not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen per cent (188) per annum or at the maximum legal rate, whichever is higher. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Property. No Owner may waive or otherwise escape liability for Che assessments or capital contributions provided for herein by abandonment of his Lot. Section 10. Subordination of the Lien to Mortcaaes. The lien of the assessments and charge for capital contributions provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessments and lien for capital contributions as to payments which became due prior to such sale or transfer. No sale oc tranaf er shall relieve such Lot from liability for any assessments or charges for capital contzibutiona thereafter becoming due or from the lien thereof. (c) The Board of Directors may fix the annual assessment at an amount not in a:cess of the maximum. tion 4 So cial Assessments - Due Dates (a) In addition to the annual assessments authorized above, the Association may levy, in any assessment Year, a special assessment application to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any part of the stormwater Management System; any fences, walls, landscaping, grass, islands, maintained by the Association, provided that any such assessment shall have the assent of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Notwithstanding anything in this section 4 to the contrary, the Beard of Directors may impose at any time a special assessment necessary in their opinion to comply with the requirements of the St. Johns River Water Management District, or tither authorities having jurisdiction over the properties. (b) The association may levy, in any assessment Year, a special assessment applicable to that year only for the purpose of defraying in whole or in part any deficit of the Association provided that anY ouch assessment shall have the assent of two-thirds (2/3) of the vote of each class of members who era voting in person or by proxy at a meeting duly called for this purpose. (c) Special assessments may also be levied against the Owner of an Oceanfront Lot for maintenance required to be performed by such Owner as set Eorth in section 1, Article VI hereof or against any owner of a Lot for expenses incident tc the abatement of nuisance on any Lot or expenses incurred as a result of enforcing any of the provisions of this Declaration. Such special assessments may be levied at any special or annual meeting of the Board of Directors of the Association. (d) The due dates for any special assessments under thi; section shall be established by the Board of Directors. Under Sections 3 and 4 pcitten notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixtp (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (601) of all votes of each class of membership shall constitute a quorum. if the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. , Section 6 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for each Lot, and may be collected on a monthly. quarterly, semi- annually, or annual basis as determined by the Board of Directors of the Association; provided, however, that special assessments may be levied non-unif ormlY against one or more owners as provided in Section IV, subparagraph (c) hereof. Notwithstanding any provision that map be contained to the contrary in this instrument, for eo long as Declarant is the owner of any Lot, the Declarant shall not be liable for T~ deemed to covenant and agree to pay to the Association: (1) annual assessment oc charges; (2) charge for capital contribution; and (3) special assessments, such annual and special assessments and capital contributions to be established and collected as hereinafter provided. The annual and special assessments and capital contributions, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot and shall be a continuing lien upon the Property against which each assessment and charge Eor capital contribution is made. Each such assessment and charge Eor capital contribution, together with interest, and reasonable attornay's fees, shall also be the personal obligation of the party who is Owner of such Property at the time when the assessment or the charge for capital contribution falls due. In the event there is more than one Owner ~of any given Lot, all oxners of such Lot shall be jointly and severally liable for the entire amount"of such assessment or and capital contribution, The personal obligation for delinquent assessments and charge for capital contribution shall not pass to his (or their) successors in title unless expressly assumed by them. Capital Contributions. The annual assessments levied by the Association and charge for capital contributions shall be used for enabling the Association (1) To provide for expenses of maintaining gates and privacy xall running from North to South of said property,.all shrubbery and passageways to the ocean, the structural and grounds maintenance of any part of Tiffany By The Sea that this Board feels necessary. (2) To provide for all expenses of operating the Association, including without limitation, legal and accounting fees, payroll and general office operating expenses and to pay any and all other things necessary or desirable in the judgment of the Board of Directors; (3) to repay funds, together with tl~e interest thereon, borroxed by the Association and used for the purposes referred to herein; and (4) to accumulate reasonable reserves for the foregoing purposes. it shall not be necessary for the Board of Directors of the Association to allocate or apportion the funds collected pursuant hereto or expenditures therefrom among the various purposes specified herein and the judgment of the Board of Directors and expenditure of the funds shall be final. The Board of Directors, in its discretion, may hold the funds invested or uninvested and may reserve such portion of the funds as the Board deems advisable for expenditures in the years following the year for which the assessment was made. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an Oxnec the maximum annual assessment shall be Fifty and no/100 Dollars ($50.00) per lot. (a) From and after January 1 of the Year immediately f olloxing the conveyance of the first Lot to an Owner, the maximum annual assessment maq be increased each year not more than 103 above the maximum assessment for the previous year without a vote of the membership as herein provided. (b) From and after January 1 of the pear immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment map be increased above 10! by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Unless the context otherwise requires, the use herein of singular shall include the plural end visa vets s; the use of gender shall include all genders; and the use and term "including" shall mean "including without limitation". This Declaration shall be liberally construed in favor of the parties seeking to enforce the provisions hereof to effectuate the purpose of protecting and enhancing the marketability and desirability of the Properties by providing a plan for the development, use and ~rjoyment thereof. The headings used herein are for indexing purposes only, and shall not be used as a mean of interpreting or construing the substantive provialana hereof. Section 1. Members. The declarant, so long a~~it shall hold title to one lot, and every other Owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership from any lot. Section 2. Voting Riehts. The Association shall have two classes of voting membership: Class A. Class A members shall ba all Owners of lots, with the exception of the Declarant, and each Owners shall be entitled to one vote for each lot owned. Nhen more than one person holds an interest in any lot, all such persons shall be members. The vote for such a lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B members shall be the Declarant who shall be entitled to three (3) votes for each lot owned. The Class B membership shad cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) Hhen the total votes outstanding in the Class A membership equals the total votes outstanding in the Class H membership; or (b) On December 31, 2020. Section 3. Amolification. The performance of this Declaration map be amplified with the Articles and the Bylaxa of the Association: PROVIDED, HOWEVER, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners set forth hezein. In the event of a conflict among Chia Declaration, the Articles or the Bylaws of the Association, this Declaration shall control. ARTICLE III - ' COVENANT FOR MAINTENANCE ASSESSMENTS AND CAPITAL CONTRIBUTIONS each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is ... ... ,.._ .. a ..r_..... v,..L ~...~r.urr...~.~.+~awaW. ,,. Section 1. Plat "Plat" shall mean and refer to the Plat of Tiffany ey The Sea, according to Plat thereof recorded in Plat Book 15 page 93 of the public records of Duval County, Plorida and sny future recorded Plat of the properti ea. section 2. Properties "Properties" shall mean and refer to the property described on the plat of Tiffany By The Sea according to Plat thereof recorded in Plat Book 15, page 93 of the public records of Duval County, Florida and such additional property that may hereafter be annexed to this Declaration and brought within the iurfadiction of the Association. Section 3 ASSOCIATION "ASSOCIATION" shall mean and refs[ to Tiffany By The Sea Nome Owners Association Inc., a corporation not for profit, organized ar to be organized under the laws of the State of Florida, its successors and assigns. Section 4. owner "oNNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 5. LDT "LOT" shall mean and refer to any lot shown upon the Plat of Tiffany By The Sea, according to Plat thereof recorded in Plat Hook 15, page 93 of the public records of Duval County, Florida, and all other lots shown on any future recorded Plata of the Properties. Section 6. BUILDER "BUILDER^ shall mean and refer to any person or building contractor or construction company engaged in the business of constructing single family residential dwellings in Tiffany By The Sea and such real property that may be annexed to Chia Declaration. Section 7 DECLARANT "DECLARANT" shall mean and refer to Ashco, Inc., a Florida corporation, and its auccenaors and assigns. Section 8 STORNWATER MANAGEMENT 6YSTVM "STORNWATER MANAGEMENT 3YSTEN" shall mean and refer to the de8lgned features of the Properties which collect, convey, channel, hold, inhibit, or divert the movements of atormwater, as more pa ~ticularly described on exhibit "A" attached hereto and by this reference made a part hereof. Section 9 DECLARATION "DECLARATION" shall mean and refer to this Declaration of Covenants, Conditibne, Easements and Restrictions. erection 10. BOARD OF DIR CTORS ^BOARD OF DIRECTORS^ shall mean and refer to the Association's Board of Directors. Section 11 ARTICLES "ARTICLEB" shall mean and refer to the Articles of Incorporation of tha Association. . Section 12. OCCUPANT "OCCUPANT^ shall mean and refer to the person or persona other than the Owner in possession of a lot and the residential dwelling thereon. '. ,. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR TIFFANY BY THE BEA THIS DECLARATION, made on the date hereinafter set forth by ASHCO, INC., s Florida corporation, hereinafter referred to as "Declarant". There are or may be other persona who hold fee simple title or liens against the properties (as hereinafter defined), who shall not be Declarants, but who shall join in the execution of this instrument to subordinate their rights in the properties. WHEREAS, Declarant is the owner in fee aimpl !•of all of the lots described on plat of Tiffany By The Sea bei n9 a part of government Lot 1, FRACTIONAL SECTION 9 and a part of lot 1, division 3 of the Andrews Dewees Orant, section 37, both in township 2 south, range 29 Eaet, Duval Coun tp, Florida and being more particularly described ae commencing at the Northwest corner of Lot 60A, North Atlantic Beach Unit 3, R- c-B-B Corporation, ae recorded in plat book 15, page 93 of the current public records of Duval County. WHEREAS, Declarant has, or may acquire additional real property in near proximity to the lands shorn on the plat of Tiffany By The Sea to plat thereof recorded in plat book 15, page 93 of the public records of Duval County, Florida, which real property may be annexed by Declarant, subject to the terms and conditions of this Declaration, and brought within the jurisdiction of the Aasociati on, ae provided hereinbelow; NOW, THEREOF, Declarant hereby declares that all of the Lots described on the plat of Tiffany By The Sea according to Plat thereof as recorded in plat book 15 page 93 of the public records of Duval County, Florida, shall be subject to the terms and conditions of this Declaration upon recordation of this document and that such additional real property which map be annexed by Declarant shall be made subject to the terms hereof by the Declarant upon recordation of supplementary declaration is the public records of Duval County, Florida to that effect. The Iota described on the Plat of Tiffany Bp The Sea thereof recorded in Plat Book 15, page 93 of the public records of Duval County, Florida, and all lots and other Properties shown on any future recorded Plat of the real property annexed by Declarant shall be held, sold and conveyed and occupied subject to the following covenants, restrictions, conditions and easements which easements shall be perpetual in duration unless otherwise provided, all of xhich are for the purpose of protecting the valve and desirability of, and which shall run with [he title to said lots and other property annexed hereto :and shall be binding upon all parties having any right, title or interest in said properties or any part thereof, their heirs, personal representatives, successors and assigns, and which shall inure to the benefit of the Association and each Owner as those terms are hereinafter defined. ... ............r. ~.~. _._..... "_". ~... ~~~~~~ ~ >~ KEiIA ITV74: OImZMt1M(.J; NO. 90-89-146 TZFFANY BY Tf~ SFA S[8fIT1~ BY: Maureen Ring, City Clerk M1E: Pehrvary 23, 1990 ~, BPL74(iIOIRD: 1fie attached updated copy of the Covenants anI Restrictions for Tiffany by the Sea was delivered to our office today. The only aujor change is the addition of a section on Maintenance on page 13. I called Mr. Ash and was advised the only other changes were "a word here a:d there' which I think were rtore in the nature o: corrections rather than changes. R$x!lf7II'fTZOIL9: A1TIrt7lFIII5: Mended copy of Covenants and Restrictions for Tiffany by the Sea ~: ~VIF3'® BY CITY MAtaflBt: nl~xma. I1II4 Mo. PASSED by the City Commieeion of Atlantle Beach, Florida, this day of February, 1990. MAUAEEN EING NILLZAM I. GULLIFORb, JR. City Cleik Mayor, Preeidinq Officer Approved es to form end eorrectnesss i C. N, ESQUIRE City A zney ~_. _. RESOLUTION 90-4 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING Ai,AN C. JENSEN, CITY ATTORNEY, TO PROSECUTE AND DEFEND FOR AND IN BEHALF OF THE CITY CERTAIN CIVIL COMPLAINTS, SUITS AND CONTROVERSIES IN WHICH THE CITY IS A PARTY, PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 15E of the Cherter of the City of Atlantic Beach requires the City Attorney to prosecute and defend for an in behalf of the City, all civil -complaints, suits and controversies in which the City is a party, when authorized by resoiution of the City Commission, and WHEREAS, there are certain civil complaints, suits and controversies presently pending which require representation by the City Attorney, NON THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, as follows: Section 1. The City attorney, ALAN C. JENSEN, is hereby directed end authorized to represent the City in the following civil complaints, suite and controversies, to-wit: (a) Blackatd v. City of Atlantic Beach (b) Grunewald v. City of Atlantic Beach (monitor) (e) Michael-Nright-McLean v. City of Atlantic Beach (d) Anderson v. City of Atlantic Beach (monitor) (e) Clty of Atlantic Beach v. Hanover Ins. (monitor) (f) Fromhart v. City of Atlantic Beach (monitor) (g) Mincey v. City of Atlantic Beach (monitor) Section 2. This Resolution shall take effect immediately upon Sts finel pessege and edoption. ~. :. SEE OVERSIZE DRAWING(S) MICRO s. br~..ua. oa bqs so.r~~. ~. E"~°.•- _ CITY OF ATLANTIC BEACN CITY COMMISSION MEETING STAFF REPORT 1 AGENDA ITEMS Final Plat Approval - BloeN 214, Sectim X i SUBMITTED BYE Rme• Angers, Coseunity Dwelopsent Coordinator ~i DATE: February 26, 1990 BACKOROUND~ Dan Mayti has proposed platting his property into three Duildlnq lots, the ssallwt lot containing 12,370 square Sect o! !md arra. The properly, zoned R81-Single Faaily, is bordered by the sarsA end i^ boated at the extrew vent o! the city, outside o! the Section N inlrastructure ieprovesmt area. The preliainary plat ras presented to the City Cooisslm on January 22, 1990. RECOMNENDATIOMe The Coeeunity Dwelopsent Board recoaaends approval ATTACNMENT3~ Proposed PlatY/ REYIEI(ED BY CITY MANAOERi__-[~_G~•---'~StiE~~'~:f!!/_!_________.__ l ADENDA ITEM N0, __~ ~__ relative values Save been established based on buyers assumptions. - Cost of new gates and locks not a top priority - there are other higher priority projects. - Eliminating 9/10 parking places - discriminates against certain owners - (handicapped - inclement weather, groceries, guests). - Lack of convenience in parking will diminish value of 6 units. - Changing antrnnces will only invite litigation and great expense requiring assessments - further lowering property values. ~, >_ __ North Driveway 1. 34 Feet from building 2. Wider driveway access to street 3. Direct access to Seminole Road angling to Atlantic Boulevard 4. Requirement of sharp left (exit) or right (entry) turn slows traffic making it safer than south proposal 5. "See through" fence concept is safer which is not the case for south entrance 6. Project vas architecturally designed and engineered far north entrance Proposed South Entrance 1. Approximately 12 Peet from building (versus 34 ft) 2. 16 ft. driveway with parking - too narrow for two-way 3. Opanaito two blindadrivevaye%withretraighteshoteout 4. Summer perking on aide streets make side streets too narrow to handle high traffic volume 5. High solid fence creates blind spot for garage area access and egress to exit s. Long narrow funnel type roadway will create speed problem even with speed bump 7. Drivers will exit into side street not accessible to Seminole Road for faster and shorter access to Atlantic Boulevard 8. Post must be eliminated at south end - moving fence is expensive and wont work without moving cement post. 9. Drivers do not drive as closely to a wall as they do to a curb with a wall - especially at night 30. Three driveways converging (two of which are blind) will require blowing horn when exiting Cloister and Tony residence il. Aesthetically, entering through an alley-way type entrance will detract from clean entry and lower value of all unite 12. Vlsitore will tend to drive straight out - the wrong wny on a one-way street - putting up signs - no room and/or ynsightly on Cloister property - One minor incidence (bicycle) in 12 years of north access use. - No evidence that trespassing will decrease - in fact, most pool trespassers jump south fence - indicating that parking lot and pool are well known to community. - Increasing traffir_ at south end will lover unit values at south end and increase them at north end with no proven or anticipated safety or convenience factor. - Owners purchased units knowing existing conditions and Y F f further investigate. Chief Thompson noted thet putting a security gate up will slow emergency response to the Cloister by one or more minutes and should be carefully thought out before installing a security gate, particularly for fire and rescue where time is most critical. Z told him about the card system and he would like to be consulted before we go forward. He thought cards were better than keys, but would like sore information. ~. MEMORAMDLIM To: File FROM: Larry Richter DATE: March 10, 1986 RE: Meeting with Chief of Police, Atlantic Heach, opening of South Entrance, Cloister Condominium March 10, 1988, 8:30 a.m. - Met with Chie£ David Thompson of the Atlantic Beach Police Department. Explained issue - Board is looking into relocating condo entrance to south end of property - asked for his opinion: Chief Thompson's reply: (a) There is a major parking problem over the entire beaches area and problem won't go away by changing the entrance. - (b) The driving pattern Sn the area is as follows: Autos drive north on Beach looking for parking spaces, then east on 7th (the Chateau parking lot was there), then north on Ocean to Club and back to Heach on Club ~• north on Beach to Tenth - East on Tenth to Ocean, and then south on ocean. (c) One of the problem streets is Ocean - the police are constantly having cars towed away that are illegally parked. (d) When Chief Thompson is confronted with that kind of issue, he said he first determines what the positive aspects of the decision are - in this case, he does not ! sea any positives. (1) The parking problem will not be solved by moving the entrance. (2) It will increase the tra tfic flow into a residential neighborhood which will irritate residents who are also neighbors. . (3) The Tenth Street entrance is already there and the residents are accustomed to the traffic, and it is already a condo area. (e) He will have his traffic control lieutenant call me to r MEMORAMDDM TO: File FROM: Larry Richter DATE: March 10, 1988 RE: cloister Condominium Doug's Towing Service, Atlantic Beach Mr. S Mrs. James Johnson, Owner Officer Randy Heaty, Atlantic Beach Police Dept. March 30, 1988 ~ Went to Doug's Towing Service. Met with James Johnson, Owner; Mrs. Johnson, who ie the dispatcher; and Officer Randy Beaty, who works there part time (he is a full-time Atlantic Beach police officer). When told of the problem, they laughed. They said the entire beach area ie a problem - people will park anywhere they can find a space - legally or otherwise, including private driveways, apartment complexes and condominium parking lots. Oeean Avenue is a big problem - cars are towed all the time. The Cloister, in their opinion, has fewer problems than other condos at the beach. They believe moving the entrance would be a disaster and create additional problems, such as break-ins, acsaulte, etc. Only way to solve problem is with police officer - private guards don't have police authority and rvn into problems with enforcement. They regularly tow from other condos located even further from the beach, even Prom areas you wouldn't believe you could get a car into. The beach is a major draw, just like the gator bowl or any other major public event. There aren't enough parking spaces near the beach and people park anywhere they can. Also, out of town visitors don't realize they will be towed or don't believe it. Therefore, signs don't help that much. Y Mrs McDANIEL & ASSOCIATES, INC. To Nhom It bfay Concern: Please accept this letter as my personal opinion as a REALTOR-ASSOCIATE and as a resident of Atlantic Beach for 8 years regarding [he proposed ~.outh end entrance [o the Cloisters. 77~e summer that I lived in Atlantic Beach, more than walking distance fmm the beach, 1 would purposely look for parking spaces nn more private streets simply because "everyone parks on the main streets" and because the private streets, I thought, wouldn't be patrolled. bhen 1 resided Close to the ocean, I saw first hand that people will park jusx about anywhere they think they can get away with it, even in private driveways which are tl early mar{:ed, which is the problem I have now. IL is my opinion that Changing thn_ entrance will have no effect on people illegally park inq to get to the beach in the summer. The "all e)•-like" entrance could be a safety problem as well. The private street is narrow and if tars were parked along one side, there could be traffic problems with two cars trying to enter and exit at once. Older peonle whose eyesight isn't perfect and young people newly licensed whose distance perception hasn't had enough experience may cause damage to automobiles by sideswiping and not properly negotiating the sharp turns, especially with larger automobiles or vans. I personally had a customer very interested in the Cloisters and very informed, who found out about the proposed change in entrance location. Ile was very concerned when looki nq at a unit on the south end. i feel i[ could decrease [ho market ahil ity of the units on the south end of the condominiums and possibly the entire Cloisters. This client ended up closer to the north end without any problem at all with the current entrance. In my opinion, [he problem could hest be solved by a very strict and visible xarning sign at the entrance and very small, inconspicuous decals on the cars of the residents with visitor Lards on dashboards inside locked cars. An officer, a maintenance person or a fellow resident could easily spot violators and report them. This would save money and help the property values remain consistent in all units. Thank you far your time. Sincerely, - _.G.M....y.. 1=cc.-cam, t. C.,.,_ Marilyn Pierce Elia REALTOR-ASSOCIATE 302 N. THIRD STREET • SUITE 2 • NEPTUNE BEACH, FL 32233 ~ 904-249-3707 Mr. Larry Richter 25 March 1988 '. Page 3 of 3 '. substantial-appearing entrance pedestals. The design of the 100 foot or so west wall would have to be imaginative indeed, and expensive, to overcome the psychologically overbearing presence of the wall itself. Any number of other issues spring to mind which cast genuine doubt as to the wisdom of construction of the proposed new south entrance and closing the present north entrance. It seems fruitless to labor the point. There seems to me to be an - a1~sQ total lack of positive argument for the proposed new e Donald E. Thomp~gh, AIA-~~~ KBJ ARCNRECTS INC. 510 Jullc Street bcksonville, Fiwltlc 32202 966 3569d91 ~_ ,., Mr. Iarry Richter 25 Harch 1988 Page 2 of 3 the present north access is fraught with potential problems. Primarily, uncontrolled access at the south end of the parking area would serve as an inviting opportunity for northbound drivers, merely to continue north by driving into and through the parking area. It seems as though it would be almost the "natural" thing to do. Zf the driver df.scovers his mistake, it would appear that the normal place to turn around to leave would be at the swimming pool crossover. obviously, an increase in traffic at such a sensitive spot would be likely to increase potential accidents. Iwrthermore, the retreating driver headed south along the garages Ss Laced with making a sharp left turn, and then, almost immediately, making a "blind" and necessarily wide right turn in order to be in the southbound exit lane at the narrow south entrance. It should be noted that the fence on the west side of the narrow, south "entry" drive has the effect of forcing the southbound autos to the left, or easterly, in direction. It is a natural tendency to avoid driving close to any vertical obstruction near the roadway. Even with a guars on duty on weekends when the potential for greater traffic is obvious, it would appear that the most sensible way to exit would be the usual path of driving north to the pool crossover, turning west, then south and proceeding as previously mentioned with all its aforementioned hazards. Quite likely, one of the greatest hazards, and a very real one at that, presented by the proposed new south entrance scheme is that presented at night. The existing, and new, southbound drive is situated in a manner that almost directly aligns it with the northbound lane in Beach Avenue. This would present a most confusing sight to the northbound driver, inasmuch as it would appear that the southbound vehicle exiting the parking area would be in the northbound lane and appear to be going the "wrong way^ on a one way street. This is a truly serious natter and one likely to cause accidents. Aesthetics no doubt is a likely issue. Without spending inordinate amounts of money, there is not a great deal which can be done with parking a large number of cars, whether the entrance be north or south. Enlargement of the south entrance would eliminate what little grass there is to the west of the present entrance. Ila ximizing the width would leave virtually no room for K&1 ARCHITECTS INC. 570 Julio Street Jacksonville. Flaldo 32202 90d 3569497 ~_:; KBJ ARCHITECTS INC. 25 March 1988 Mr. Larry Richter c/o Corbel 6 Co. 6620 Southpoint Drive, South Jacksonville, Florida 32216 Dear carry: On Monday l4 Mar~~h 1988, I had the opportunity to visit the Cloister Condominium at Atlantic Beach, Florida in order to consider the implications of the construction of a proposed new vehicular entrance at the south end of the exlsting parking area. The present entrance ie nt the north end of the parking area, which is oriented north-south, e.q., parallel to the condominium building, which itself is parallel to the beachPront. The present parking arrangement consists of row of perpendicular (east-west) parking near the condominium building, a narrow drive, a second row in the center of the parking area, another narrow drive, then a row of garages facing east. Midway in the north-south orientation of the garages is a small swimming pool, reached by crossing both drives. permit easy vehicularnaceessntoathe parkinglareatlyItiopens off a narrow, dead-end street which serves as public access to the beach. For those who may mistakenly enter the parking area, there appears to ba adequate room at the entrance to turn around and depart with minimal impact upon normal traffic. It should be noted that those "going to the beach" in vehicles, almost without exception, are headed north as they try to find a parking space. The present design places the entrance to the parking area in the "lee" of traffic flow. In my opinion, this is the optimum location, for it represents a natural tendency to minimize casual entry. The north entrance virtually is unnoticed by the beach-bound drive. In my view, contemplated construction of a new primary access at the south end of the parking area and the closing of 510 Julia Street Jacksonviue. Florida 32202 904 3569491 ~t CITV OF t ~4lla+rtie Geatk - ~larida r~n.u r: oerel;rae~'7 a'di.<LNI5u1.Y. Lu~,l ~ ATI.\V I IC 1'A::u'IL FI ~ rttill.i :11:•; i TF:I 4:1'I lip\!f nub ,:~'.e. r: APRIL 2, 1988 AFTER A REVIEN OP ALL ACCIDENTS IN THE YEAR OF 1987, NE COULD LOCATE ONE RELATED ACCIDEt7T TO THE CI.OISTF.RS CONDOMINIUMS. THAT TOOK PLACE ON JULY 4, 1987. IN OUR OPINION T}IERE ARE NO POSITIVES TO MAKING A CHANGE TO 171E ENTRANCE. IF I CAN BE HELPFUL IN ANY OTHER PROBLEMS, PLEASE FEEL FREE 70 C017TACT ME AT 249-5606. SINCERELY, 1 y~- LT. JAMES N. CHRISTMAN TRAFFIC UNIT SUPERVISOR ATLANTIC BEpCN POLICE DEP7. ~= 1~ r ~- 1 !. t..: e '.-. ... ___~__~~ I'OIACE UEPAirI'Mt:NT n'u 31:NINU1.l: HnAU AT(ANfIC Hl:AI'H. FIANIDA -1TL31 1'EI l:YHUNl: iWIJ~Il9S61w UA\'111 TI II INI V IX.1'b. April 2, 1988 UEAR ?IR. RICHTER, AS YOU REQUESTED, I HAD MY TRAPFIC UNIT LOOK Ai THE PRESENT ENTR- ANCE i0 THE CLOISTERS CONDOMINIUMS AND THE SUGGESTED ENTRANCE ON THE SOUTH END. IN ANSMERINC SOME OF YOUP. CONCERNS, HE FEEL THAT A HOVE TO OPEN THC PROPOSED SOUTH ENTRANCE MOULD CREATE MORE TRAFFIC FOR THE COMPLEX 711AN AT THE EXISTING ENTRANCE. AS I A4 SURE YOU ARE AMARE, TRAPFTC TRAVELS NORTH OH BEpCN AVE. ONE WAY. ANYONE SEEKING A PARKING SPACE MOULD SEE THE ENTRANCE MORE READILY THAN pT THE PRESENT GATE. VEHICLES iRAVELINC ON TENTH STREET HOULD BE MORE LIKELY i0 TURN NORTH ON BEACH AVE. DUE i0 THE DEAD END AT TENTH. TRAFFIC EXITING TO THE SOUTH MOULD RUN INTO SEVERAL PRO- BLEMS. FIRST OF MIIICH, EXITING VEHICLES fJOULD GIVE iNE APPEARANCE OF A VEHICLE TRAVELING IN TIIE IrRONG DIRECTION. ALSO THERE ARE IMO PRIVATE DRIVES LOGITED TO THE EAST OF THE E%IT. VISITORS OP 7NE CLOISTERS, MOULD BE IK)RE LIKELY 70 iRAVEl IN iNE MRONC DIRECTION ON BEACH AVE. ~ CITY OF ~ r4tl<Ixtie b'eaelr - ~loxeifa ~_. ~ - - - ie:, 3 ^ ~;. ,; ~ , . ~ ~ ~~O_P TEf~ 7/ZG~B2 l1NIY:0 !r d/,MKSp~ ~!. 10.1/10 ~._ !lrltlD !f ~. Y. ~ b!!•M r ~ ' CITY OF ATLANTIC BEACH__~ ~~ ~a.ia•79 ZONING-_ "°'"I`~~r•.oo' .,,.C to ` -. '" ~fKrn 1' ~ ~' ,~~~ ~i~4; 1 ~ ~ .' s ~ ~ ~ i ~ . nS 2 ~'~I r ~jjj { ): S~' I 1 Yl 1 . 1 { ~' ~ 41 c~ O w 1 t '(: ~_' Y 1t ! ~ ~ r` .. ~ ,:~ , ~.,~~ y 1 :.;: 4 { ~~ +• a ~1 ~ ` 1 '~ o. ,. ~ ~ ~ P 1:., i~w~ ~! r ' z ti r:! s• F it " II~ 7C 1 r 6, rl _~ ii pp f~j r, 1 ~ ~~ ~ '~ i, r it .,' 1 ~ ~ ,'~' „ •. I :` ' ; ~ -~ V1.~ I: '. ' '~ .f r. 1 ~ ,; ',~ ~ ~ 1A I. d - .r C ,,1 ~;:,,;. ,:; : ~: . I ;his; ~ . ,: . ,. ' i~ C~ ~ iiY.i a``.e r tt. r~, 1 .:~ k l.. /\ ~'~ / / /~ `~~ 1 ,.~ ' lJ- +~' ' dT _ t •' ~t + J ' ._ _ 1 ., 1 1 _-_ ~~~~ N _ C F ~_~ i V A ~~ r i 3 ,q - - i 1 = ~~ ~ ~ o i F?C U j ... 2 ~ J M4• ~ ~ Q G~ M ,.a Z: i ~ ;~:, ~ -1i ~- 'i .,..~ Q ~W 1 +,~ I i~ s _ - ~ ~f l~ (~ ~ ~ { 4'Oj R/Q ~ ~ j '~~i -- - ~ ~ - _ ».... _ ~ , j -1 ., f 1 ~ } -~ R __ i r ~ RS 2 ~~ ~ _ kB ..,, __. .,. ~. ..._ _... t e ..~ . _. i i f 1 r"'--~ r~--~- ~" t: t ~. €: ;, cs:x Q AIIA%'IC e®+® ~~ AGIIOa I7~1: Action on a rapzest fmn the Cloisters Wndominium to change the main entrance to the complex from 7bzzth street to Club Drive ST8Sl1'1~ 13yz t4aureen Ring, City Clerk 1]11tIS: pebrvazy 20, 1990 l'ACH';f4~: Ihn-ing d+g+,~ions m this mattes at the zmeting of Pehrzzary 12, 1990, a question was raised regarding the present zoning classification of the Cloisters area. After fully researti:tzing the zoning we report as follows: !larch 12, 1973: Application for constnzction of ca:dominiim as pl,D approved by the City Commisaiozz July 26, 1982: Or'dinaz:oe No. 90-62-74 adopting Land Develo~zt plan °~ - the Land Development Plan establistzed the zoning mdse currently in effect. ate have conflicting maps with the Horatian '.Adopted July 26, 1982.' Ore map stews the area as PIA while another stews PG3. It appears that the thic-]c taoken line separating the p[D and liGCi areas ha3 been Sz:adverterztly omitted and we feel the zazrrrnt map is iroorrect. 1t:e develolment was appam'ed as a PW and althazgtz Ordinance [io. 90-82-74 has Eerlt amended four times, naHe of these amazdmazts affected the za:ing in the Cloisters area and ro applicatim requesting a zanirg change from PID tv AG3 twu; been received. I have disazeeed this with the City Attorney and he, also, feels an error ootlld have been made. In the absazoe o£ arty applicnticn far zezanizg, it TB his opinion the Cloisters should be treated as a P[A. 1~ICH4~TfS: Copies of maps, fEi/1H® 13Y C317C 1i8i1GHt:CCne 71 AC;~LI, Pltl, !D. YA -~ Mr. Perry Royel, Page 6 Limits Hecoaaeadetion: After discussions with the League of City's insurance underwriter, hr. Byron Beard, and based on our experience we reco~~end the City increase its liability liaite to the SI . million level. This reco~aendation ie especially made for the higher risk associated with Lew Bnforceaent and Autoaobile operation. The Lincoln plan offers the ability to hove varying levels of liaits while the League'• plan does not. Your• very truly, RGBRIGUBZ CONSULTING GROUP, INC. ~7~c~~~ Roo Mulberry Consultant a. .__ _ ...r :. .: 1 1 yam. Hr. Harry Royal, Pege 5 At this level of loaees the retention plan would save (15,472 cospered to the Lenguee plan (f 90,145 - (74,673 = (15,472). Aowever, this savings would not be received for 24 ^ontha after the policy ends, et which ties paid claiae plus reeerv ee would be totalled to detersiae the incurred loeeee used to calculate the final presiu^ refund or additional charges. The annual preaius paid and retained by the Chaeber Fund is f101,092 end is celled the "retention preaius". This retention preaius ie initially (10,944 ^ore then the Leegue'e guaranteed coat plan but would ba ^ore then recovered as pert of the preaius refund if the City continued to experience low losses. An edvenfage of the retention plan is that the City's final coat for workers coop ensetion coverage ie detersioed by only it's lose experience and not the experience of n group of reeks ae is the case of the Leegue'e Self Insurance Fund (returned preaius is e function oP the loeeee of the group). You can thus have ^ore control of your preaius dollar. Of course this 6nvings is based on ^ainteining a good safety progres end controlling loaees. An advantage of the League's progras is that the League ie not required to follow the published workers' cospeneetion rates prosulgeted by the State of Florida like the Chaeber Fund end ^oe! other progress do. The Chaeber Fund will have to follow the 1990 increase in rates on 10/1/90 which ^ey be over 30% increase. Hietoricelly the League bas not accepted 100% of the rate increases. Norkera Coaoenaetion - Recossendations: The League's guaranteed cost plan is less costly then the Chaeber Fund's sisiler progras. Neither of the guaranteed cost progress offer the potential savings that the Chaeber Fund's retention plan does. Sven though the retention plan could save significant preaius dollars (up to about (30,000) if losses continue to be low, there is the real possibility that this plan could coat the ease mount sore if large loeeee were to occur. Because of the trend of escalating coat of workers coapensetion claiae in Floridn end the conservative nature of City Oovernaents, we believe that the City should carefully consider it• financial ability to chance paying the ^axisus preaius should the unexpected happen. _ Mr. Harry 8oye1, Pege 4 higher values the League's property prograa is a better buy (5414 difference). However, if St. Paul's policy were replaced ^idtera, a short rate penalty of about 51,043 would eliainete this difference. Pro arty-recouendetion: Oo not ^ake a change until renewal. Prior to that tine obtain en accurate nppreieel of nll property end contents, end request n renewal .quote fros the current carrier end another quote fros the League. Make a final decision at that ties." - ~. Other coverages: The Boiler A Machinery coverage ie currently written by Hertford (for St. Paul) which ie also the sane csrrier utilized by the League. Hertford declined to quote for the League since it is already on the risk. This coverage could be switched fros St. Paul to the Leegue et renewal if the property prograa were also switched. There were no coapetitiva quotes for Inland Marine, Flood or Criae Coverages. - Mockers Coaoensetion Preaiua/Prograa Aaelyeie The Mockers' Coapenaetion quotes offer sore of a thoughtful decision. The lowest priced guaranteed coat plan is offered by the Leegue (590,148). The Cheaber Self Insurance Fund offers e retention plan that could have a eubetentiel eevin gs if losses were kept low. In the retention plan the ^iniaua preaiua with no losses (559,348) would save about (30,000 over the guaranteed coat plan offered by the Leegue (590,148 - f59,348 = 530,800). On the other hand, large losses could drive the preaiua up to n ^exiaua preaiua (5119,172) which would be about 530,000 in additional preaiua over the Cuareoteed Coet plea (5119,172 - f90,14B = f29,024). Using en average expected lose based on Teat four years loeeea (1965 - 1988) the expected loseee would be: (adjusted for inflation) 1965 loseee = f3,634 ~ ~ ~~ 1986 loeeea = f6,309 - ~-~~ -- 1987 loseee = 539,152 - ~ - , 1988 loeeea = (4,632 - --~~ -- Tatel 555,727 divided by 4 = 513,932 Average Annual Loeeee As expected preaiua for the retentioo plan ie calculated es follows: Beeic + ( Bxpected Loeeee % Loea Conversion Factor ) = Qxpected Preaiua 559,348 + (513,932 % 1.10) = 7S 4.673 H n Harry Royal, Page 3 endorsesent. For inatence, Lincoln offers a three year extended reporting period endoreesent for 25% of the annual presius (53,615). - _ The other two professional liability quotations (Merkel and Lendserk) were not considered cospetitive because of the large deductibles and/or higher presius. _. ~ ~. The League's overall liability end auto physical dasege presius ie higher but it's progres offers the opportunity to receive dividends if the group of insureds in the Fund hove en overall good loss experience. For inatence, in 1969 The City received f3,046 in dividends fros the League's Self Insurance Lie6ility Fund for the 1981-62 policy year. Future dividends ere probable but ere not guaranteed. The auto liability coverage ie pert of the League's liability package end can not be purchased separately. The auto physical dasege coverages ere included in this cosparieon Deceuee the were cosbiaed in Lincoln's quote and were not be broken out es separate itese. LiebilitY - Concluei on: Mithout consideration of possible dividends accruing in the League's progres or the coat of deductibles associated with the Lincoln progres, the Lincoln quotation offers a better priced package at the f300,000 licit (f 9,338 difference) and eiightly better at the fl sillien licit ((2,848 difference). This price advantage is cospounded by the fact that the Lincoln progras'e rates ere guaranteed for 19 ^onthe whereas the Leegue'e rates are good only until the end of this policy year (10/1/90). The League's experience hee been about nn average f12,000/year incre sae over the last 8 years. Rowever, the price advantage of the Lincoln plan is eosewhat eroded when we consider that: 1) it ie n claise-cede policy, 2) there ie no possibility of a dividend end 3) there ie a (2500 deductible per clefs. Taking ell the above factors in consideration, we recossend Lincoln National's liability package et the f300,000 licit, beeeuse it ie lees expensive over the nett 19 months. At the (1,000,000, we recossend the Leegue'e progres, because the cost difference is negligible. If liability coverage ie increased for only parts of the progres (such ae Auto Lie6ility and Law 6nforcesent) then the Lincoln Plan is the only option available. Property Presius/progres Analysis - Lea ue St. Paul Presius (17,488 f17,874 The League quoted on the building and contents values ep eetiseted in the Bid Specs (f B. 97 ^illion) while St. Psul'e figures used in this cosparison ere the actual presiuse being charged for current insured values ((6.75 ^illion). Bven et Mr. Nsrry Royal, Page 2 Liability/Price sad Prosras Analre is the total presiuse for ell liability coverages at f300,000 lisit end auto phyeicnl dasege coverage ere as follows: League's Current progres (Prorated)s General Liability Public Officials Lew gnforcesent Auto Liability/ A Phye'. Dosage f56,449 Inc. lnc. Inc. 0.007 Total f64,456 At f1,000,000 lisit: All Liability N/A Auto Physical Dasege HL 3/1/90 to 3/1/90 to 10/1/90 10/1/90 League Lincoln National !18,056 (19,399 6,917 4,289 9,404 4,145 26,182 33,238 9.850 Inc. f70,409 (61,071 f 75,572 f82,574 9.850 included Total N/A (85,422 f82,574 3 Note: the increaeee in the total presiuss for the League's ^id-tars quotation ere due to increaeee in the exposure basis per the Bid Specifications end not due to increaeee in rates. The League has ao deductible, whereas the Lincoln plan has e (2500 per clei^ deductible and the Landserk's deductible ie (5,000 sad Markel'e deductible ie f15,000 (not shown above). The Lincoln, Merkel end Landserk'e Public Officials aad Law Bnforcesent pleas are on a claiss-ride vs an occurrence baste ae offered Dy the League. An occurrence policy, like the League's policy, covers any claim which occurred during the policy year. A claiss-sede policy only covers claiss Bade during the policy year. Often claiss nre not ^ede until years after the policy period is which the incident occurred. Switching fros en occurrence policy to a claiss-sede policy is not a probles (prior years ere protected by the occurrence policy). However, . •witching beck to en occurrence policy Yros s claiss-sede policy can present a probles because a coverage gap is possible. This deficiency in a cleise-sede policy ~c en be resedied by: 1) always reseining on a cleise ^ede policy, then ench subsequent policy would cover prior incidents or , 2j buying "tail-protection" which is an extended reporting period .. ~ RoddguezConsultingGroup,tnc. RISK MANAGEMENT Mr. Berry Royal Finance Director City of Atlantic Beach P.0. Boz 25 Atlantic 8eec h, Florida February 7, 1990 Ref: City of Atlantic Beech Insurance Proposals gffective 3/1/90 to 10/1/90 Deer Mr. Royal Thi• letter euwwarizee the innurence werketiag efforts perforwed on behnlf of the City. Overview: The City desired to obtain a cowpetitive quote(s) to secure that its current ineurence progrew is priced properly end that it is structured adequate to west the City's needs. Seven agents were assigned 20 different ineurence werkete to obtain quotes (including the current property agent and the liability egevt). Only one cowpreheneive quote fro^ the current carrier end one cowpeting quote (ell lines except property) end two psriiel professional liability quotations were received. The League of Cities eubwitted a quote on property. The reasons for the ewnll nuwber of cowpetitive quotes were: 1) There is a shrinking ^erket place for ^unicipelity'e liability ineurence needs - especially in Florida. 2) Because the award of the Riek Menegewent contract was late, the bid specifications required cerriere to Did on v 7 ^ovth progrew wid-etreew ivto the policy year. Moat cerriere would have preferred to quote at renewal end doubted the City's niacerity to change progrew es "price shopping". Results: The result of the few fragwented quotes received, wee difficult to ennlyze. Rach quote had its peculieritiee which wade siwple cowperieons iwposnible. It is clear that the current lieb ility end workers cowpensetion progrewe, which ere provided through the League of Cities, ^ey be obteived cheaper. The property ie probably underinsured end the League offers a cowpetitive progrew to the St Peul progrew now in effect which should be considered et renewal. There were no cowpeting quotations to ^ake recowwendetf ovs on the other eoveragen. ~2n Bap,nado~a RoaC .",Y 1. Ja[baM6 FL 3721] • 90YlJNa1G ~. 4 171 ATLANTIC BEACH CODE I l8) Trallic signs, legal notices, danger signs and temporary emergency or nonadvertising signs, erected by the city, manly, state or federal authorities. ; (91 "No trespassing" find "private property" signs not exceeding sixtysix (661 square inches in area. (101 "Vacancy" or "no vacancy" signs not exceeding sizty~six f66) square inches in area. - (11) Directional signs, located oR premise, of any religious, charitable, fraternal or civic organization operated within the city, having a meeting place, clubhouse or other site within the city for the purpose of indicating the place where such clubhouse, meeting place or Bite is Jowled in the city. Such directional signs shall not exceed twelve (121 inches by eighteen (18) inches and be not more than ten (10) feet in overall height above ground level. Thex directional signs shell not exceed four (4) in number for each organization, ee listed herein, end shall be no Tess than one thousand (1,000) feet From another directional sign of the same organiration. Any directional sign existing on December 1, 1988, shall be allowed to remain until such time as the condition of the sign becomes unsafe, unsightly or in need of major repairs, at which time it shall be removed. Structural repairs to existing eigna shell not be made without a permit. Before any directional signs can be installed alter Tecember 1, 1988, a permit shall be obtained from the city specifying design, duration, and location. 1121 Bulletin boards not over fiReen (15) square feet in area for public, charitable nr religious institutions, when the same are located on the premises of the institutions. (131 Signs announcing the candidacy of a candidate for public office no[ exceeding four 147 square feet in area. The signs shall be limited to four (411ocations within the city for each candidate, artd written authorization from [he property owner far placing any such sign shall be obtained and filed with the city manager by the candidate or his agent. The placing o(the signs on public property is expressly prohibited. All permit led signs will be removed by the candidate within seventy-two 172) hours after final election. 1141 Signs erected at entrances to subdivisions or new developments which contain not less than ten (]01 houses or lots. Any such signs shall not exceed twenty~fwr X241 square feel in area. - _ ". f 151 Signs posted on public service benches. Advertising signs on benches shall be regm laced by contract by the city commission. a (Cade 1970, 4 20-1; Ord. No. 80-814, 4 I, 7-13.81; Ord. No. 6088-5, 4 1, 1-11-89) Sec. I7-2. Signs permitted. i lal Sigtu displayed or erected which advertise the particular building or property un which the sign is located, or some merchandise or service dispensed or rendered on the same premises nn which the sign is Ixaled, are permitted, subject to subsection fb) of this section :md all other provisions of this chapter. No other billiward, sign, banner, margnce, tan~py nr Sapp. No B 996 ~t-. Chapter 17 S1GN5 AND ADVERTISING STRUCTURES• Arl. I. In General, 44 17.1-17.30 Art. ll. Permit, 44 17-31-17-35 - ARTICLE I. IN GENERAL '~` Sec. 17•l. Certain signs exempted tram operation of chapter. The following signs are expressly excluded from the operation of this chapter: (U Decals a(f"ixed to or signs painted on store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. f21 Signs wholly within a ouilding. ~ ' (3) Memorial signs, tablets or plaques, or the name oCa building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other incombustible material l4) Small professional nameplates fur physicians, surgeons, dentists, musicians, lawyers, architects, teachers and other like professional persons placed on the premises occu- pied by the persons, and not exceeding more than one (1) square foot in area, in all areas except bwinex or industrial zones. (5) Occupational signs denoting only the name end profession of an occupant in a commercial building or public institutional building, placed Dat against the exterior surface of the building and not exceeding three (3) square feet in area. - (6) Not more than one (11 real estate sign advertising the sale, rental or lease oC only the preminee on which it is maintained. Such sign shall sot be more than four (4) square feet in area and shall wnform to required xtback lines. Also, sot more than four (4) off premise real estate sign advertising an ollicial open house which said open house shall be oC a duration uF no more than four (4) continuos houre end said signs may not be ereeted more than one-half hour before the open house end mst be removed within oachelf hour after the end of the open hoax. , (7) Signs noting the architeM, engineer or wntrector when placed upon work under construction; provided, the sign shell be removed within fifteen (IS) days of comple- tion of costru4ion. The sign shall not be larger than necessary to display the names of persona or firma performing labor or supplying materials to the premises. •Croee references-Buildings end building regulations, Ch. 6; planning/mning/appeala, Gh. 14; ottupational license (or advertising, 4 2059; inning and subdivision regulation, Ch. 24. State law references-Authority fa establish sign ordimnces, F.S. 4 166.0425; outdoor ~- advertisers, F.S. Ch. 479. ~ - ' save. No. e ' 895 ~.. ;- f z s'ue`-=..;._ . RECD FEB 't 0 199D ~/v~~ll ~~(.f/ Gt~NS February 18, 1990 Mr. Kim Leirtbach, City Manager Ctiy of Atlantic Beach ' P.O. Box 25 Atlantic 8eaeh, Florida 32233 Mr. Leinbach Please eonsitler this letter as my request to 6e plaeetl on the February 26th City Commission agentla for the purpose of discussing a change in the ordinance governing SIGNS ANO ADVERTISING STRUCTURES, Chapter t7, p.995, Sec. 17-1., Paragraph 6. , ~, ~ y /~~ i 1^ f' 9' Dowling, Jr: t L' IMO YVIIJA Mx'IFNIU .~TM'nC p{AUI, M)IIIIM Stti) (AII) N9'HM I~ , ^ CITY OF ATLANTIC BEACN CITY COMMISSION MEETING STAFF REPORT AGENDA ITeR, Discussion rith Nayrood Dorlinq. Swills O•rdens, on Proposal ChanQaa to Chapter 17 - 81pn• and Adwrtisiny Sttuctur•s SUBRITTED BYE Rana' Anpars, Coasunity Dsvalapsant Coordinator DATES Fehru•ry Z6, 1990 BACNOROUND, In 1968 the City CossLSion sandal Chaptss 17, Signs and Advartlsing Structures, aiding • provision to allot, for • duration of no sore than tour continuous !wars, tour o!t psesia real estate signs advert ising an ottioisl open Aoua. -rior to tM aandant ott Praia real estate signs ware not persittal. Mr. Dorling tale the addal provision is too restrictive on nw subdivisions and is requesting that the ordinanu again be •sendal. M• hp suggeslal slloring subdlvislons ritA sore then 30 lots, tour directional signs, for • dYr•tion o1 sight hour^ Nondsy througA Friday rod five hours on rakends. RECORMEMDATIONa In that the Besutitiution Coaltta has expraad sn interest in rrrriting the sign oode, retsr tM settrr Sor tMir coosider•tion. ATTACNMENTS~ Letbr to City Manager tros Neyeood Doeling Eaespt at Chapter 17 _ REYIENED BY CITY NAMAOERf ~I//~ __~__"1C _____________ AGENDA ITEM NO. ---3 ~- . - ._ PAGE NINE MINUTES FEBHI4IRY 12, 1990 A. ~t Dy the City Attorney relative m Sea 11a'Ue 9ote1's intact m raft hotel rotas on a wcekly basis. Mr. Jensen said he had bcen unable m arrange a meeting between the hotel's management, the Mayor and himself but would continue to Work on that. H. liepo4t by City Atton~y relative m dune nrrrt~cr;,., Mr. Jensa~ provided each Onnnissioner with a ~ of the most recent amenrlmnts to Q~apter 161 of the Florida Statutes on this subject. FIe said the city eail.d enact legislatien which would have to be apprwcd by the DNP, if it so desired. Mr. Jensen said it world be necessary for the Qmaissim to approve a resolution authorizing him to act on behalf of the city th the legal matters which had been di~+~~~ earlier. He was authorized to prepare the resolution for action at the next meeting. At the rpyuest of Comissimer Cook, Crnmissioner Tucker presented a petition requesting the installation of a fourK.ay stop sign at the intersection of Pine Street and Seaspmy. '~1S was referred to FUlice Chief Thon~on to review and report back. Tudoer also reposled the Census Bureau still needed ®re employees to help with the census a'd encwraged an}rone who was interested to contact the Census Bureau. ~71~ ca~tt+r,.,a zeparled on the recent meeting of the solid taste mmittee a=d said the oanoittee taped to expaid the zecycling and Alarmed to introduce wlumetric charging for gartaage collection. 1t~ere being ro further business to oooe before the Conmission, the Mayor declared the meeting adjouttren at 10:00 PM. William I. Gulliford, Jr. Mayor/Presiding Officer ATTEST: Maureen King, City Clerk NAIL OF COI~AiS. M S V Y V N PAGE EI(2R' AO N[TItS FFEIdARY 12, 1990 8. Acorn rn Ordinacnes• . A. Crdit--inoe No. 90-89-148 - Public Baervg AN GiaIIAIiCE ~ 1ffis Ci1Y OP AIIANITC ]t®1® AOCl~fING AND APPR7VIIG 7AtD OEiTl~ PIXi AND P80ltl6Ai. SUBQTI>Ea HY 116HA, IIL. • AND '!~ CITY ~ A'QANTIC BfwACL; PIYAIIDIlC AN EFP£LTiVS LATE (Tiffany by the sea) Mayor Glil.liford presented in full, in writing Ordinance No. 90-69-149 ah final reading. Said ordinance was posted and advertised in accordance the requirements of Florida statutes. 'fie Mayor opened the floor for a public hearing and invited c~rtents fmn the audience. J.C. (Peen, 2233 Semirole Noad, asked whether it mould be fair for the Crnmission to take final. action rn the ordvianoe since all the doc~soents specified in Section 3 of the ordinance had not been presented to the Camd.ssion until late that evening. Edward Ash of Ashen, said ha_ was anxiats to proceed with the project and asked the Comnission to consider approval contingent upon subsequent review of the covenants, wrditions, and restrictions which had been submitted just that evening. The Commissioners felt they needed time to review the da~anents aid also felt arty citizen who wished to examine them should hive an opportunity to do so. Notirn: O.ntimre public hearirtg attd take firul a,-ri... at the trxt maPtirg No discussion before the mote. The rmtion carried vitanveously. 8. nr,ti.,an,o No. 75-90-8 _ Pirst reading AN 0l4)IIi9lYE AMBtDIt~ T18 O78 OF QOIILBZffi OF T~ C[TS Cp ATI11R1TC ®1~, A!@DIlX; C®iPIIR 21, TPAPPIC AND ND'REt VffiQJ85, AODIl9; ON08R SBC, 21-1717) (a)• (b) AND lcl, 10 IN(1oLtSE ~ FII4S PU2 ONAOISll¢Y,BD PA[a~iG IB DISi1~J®~ SPA~i 10 1UD ~ PTF1Y OCfIl+R^.a (f250.001, E~.ISB.IIiG A PONl~J1 PlII ~ DL41107D14Q4 OP AiL FIIiE':S [7lrrtawrat POR VI(IMTQi OF S'Ol$ SBCliOli, PNOVIDIIi; AN EPPBSTVE GATE Notinn: Paso ozdir~toe on first reading and act public hearing for Petzttaiy 26, 1990 No discussirn before the mote. 1Y~e motion carried unanirwsly. 9. City llana9er 8epc¢ts ardor OazrapotdatcE The City Manager referred to a copy of a letter from Gee and Jenson regarding the status of the Crnprehensive Plan. Ne said the plan had to be sutmitted to the Deparbnent of ComAmity Affairs by April 1, 1990 and a workshop on the natter was scheduled for March 8, 1990. NAME OF COMMBS. M S V Y V N Edisods x lttrlo'r x x iir~don x z p,t t i fn..a x Slacds z z 1ltciarr z fieldrn x z tart t; s.,..t z PAGE SEVEN MINU1'FS FIDBl1Al2Y 12, 1990 .layer (,lrllifor3 explained the proposal and opened the floor for a public hearing. Since no one spoke for or against the matter, the Mayor declared the public heazing closed. ~ Motron: Approve amPlld~lt t0 de~Iel ~r a~Eeoelt L1 ao[xtrdanoe with the rcmmadatiens of the t4m,,.ity Development Boas No discussion b fore the vote. the motion carried unaninously. C. Disalssion and related arum regarding Si,erm..•h Striaet beach aooFSs Mr. Jensen said he had provided Conmissiorer Weldon with all in fonrtation pectinent to the Sixteenth Street beach access aril that Cmmissioner Weldon arc3 Mr. Blackard had net to discuss the matter. Be said he had also met with Mr. 6 Mrs. Anderson relative to the Dewees Avenue beach access, which was also in litigation. He said the Andersons had lost a great deal of their privacy and suggested placing signs limiting hairs of use. Tne City Manager said the dune overwalk had been built to IXiR specifications which required it to he one foot above the dares. The area had suffered considerable erosion since then and Don Ford said he was lo~lcing into the possibility of lowering and shortening the ovenualk to mnform to the contour of the present dares. 'Die Ciiy Manager agceed to continue working on this. Crnmissioner W=1don said he had met with Mr. Blackazd regazdirg the Sixteenth Street beach access. Mr. Blacka_d had asked for 510,000 to reimburse him for his legal expenses on the matter; however, this world rot have resol~md the matter of the rightbfvay for the city. Mr. Jensen said a questim existed relative to Mr. Blackazd's title to the property to the west of his original property and it was possible the city could win if the matter went to court. 'Otis, however, mould cost in excess of 510,000. Buck Snellirgs of Connelly and Wicker Fhgineers, said he had doubts about Mr. Blackazd's title to the lard since there were utility lires in an area which Mr. Blackazd claimed was his private property. After further discussion it was felt the best course of action was to go to court on the matter. lUtion: Direct the City Attorney to proceed with legal actin to resolve the matter No further discussion. 'Ore motion carried unanimously, i~n.a; sej_m ~, wto had Act b~ feel_ing well, euuved hixaelf frtm the meeting at 9:40 PM) NAME OF COMMAS. M S V Y V N Qnk x x Bdsttls x 1lcloer x Weldon x x p,r r;ford x O~olc Pdianls x x 1lxdoei x x Weldor x n,rl; r,,.,i x ,~.. PAGE SI% MINIIfFS FfBRIARY 12, 1990 Weldon itquired whether a bdget had been prepared for furnishings for the new building and was advised this had been iroluded in a handout which Nr. Poyal had provided this evening. tlOticn: Promed with the mnstnntdon of the nev City Ball at a oust of i875,55~ Based on figures provided try the Finance Director, (kxsnissionaz Cods said the payments on the new City Hall would represent three-tenths of one mill but that payments would be made fran the one-half percent sales tax rtonies refunded by the state. Rhe questim was called and on roll~all wte, was approved 3-2 with Conmissioners hiker aid Weldon wting nay. 5B. Approval of aewr; a.. Bsd Craw wed circus (`hid; had previously heat approxed m be held Mardi 2~ and 25, 1990) Ln pie its locatim to Russell Park Bernie Bolstad of the American Red Cross explained in oonnecticn with the Section H i~rovamnts, a toad had been cut thrvugfn the Jacksonville Shipyazd pazkitg lot, the proposed site for the Red Cross Circus, rendering it now unsuitable for the circus. He requested permis::ion to relocate the circus to Russell Pazk. liitirn: Authorize the cirram in p~,vml l 1'drk m !larch 21 and 25, 1990 subject to ap{aolsiate protectim fnr t2,e city Discussion ensued relative to the raise arcs it was explained ro ~vQlaints had been received in the past regazding the raise from the circus. It was further explained the perforn~ances tawld nat be held in the evening hours. 6. Consent Agenda: A. Approval of a procla®tim ***A^~' ~* Ap:'il as Paz;;~+•,rrry FLphasis ltrnth B. Approval for Anigttts of Qthx;d;s m hold a flxd drive (at inter4r•.-r;m of Aria.,ric Boulevard ad Rryal palms Drive) N'otim: Approve passage of Qz~att Aga131 :.o discussion before the wte. 1fie ,mtim cazried +~ ;~+~=ly. 7. Old Business- B. Public hearing m a proposal for an axax~t th a developer agree~rt for land in Oman 1Y~zam to rsi;oe density frm fourtea, lots to twelve ]rNs NAME OF COMMAS. M S Y Y y N Oook x z Edards x x 1luiori z Neldm z n.i l; fasd x Cbolc x z Hiards x Tv-lvr x iEldm x x n,n;r*,..1 a Oadc x x Pdiards z x 1Yx~rr z Neldm x nnl;fi,,.,a x PAGE FIVE MIN[J1'ES FEBIt[II~RY 12, 1990 Mayor Gulliferd outlined the options open to the city aw explained the studies which had been done. He said he felt the city had three options: 1) rcarodel the present building; 21 build a new City Nall; or 31 do nothing. He outlined some facts which he felt were pertinent: 11 40fl increase in population in Atlantic Beach since 1983; 21 Atlantic Beach would continue to grow thragh developrent or possible arvx_xation; 31 space restrictions have caused effq~loyees whc should ba located at City Hall to be at ramte locations; 4) the mnstn:ction of a new City Hall would not i>~act the financial operation of water, sewer or sanitation operations; 51 the proposed site offered a better geographical location; 6) the old City Hall would be developed as a cammnnity center or other acceptable purpose with tM_ use of Bed Tax funds; 7) Tw pmject could be acc,~afQlished in phases with the offioe space being cronstructsl first as this was the frost urgent need; and 8) the building could be constnx:ted without any additional tax burden on the citizens. He opened the fimr for a public heazing and invited camicants from the audience. `:orm Fbrsley, 1907 Creekside Circle, suggested renndeling the current building and adding a seeofd story and William MCGee, 1830 Selva MarLia Drive, agreed with the concept of remodeling the current wilding and said the present amnission chambers mould be used as office space and a new eamussion etfanbers wilt as an extension of the present wilding. Jim Wheatley, 2008 Selva Madera Court, agreed additional space was needed wt felt the city needed to exercise more fiscal restraint. Foger Steinan, 239 Seminole Road and Fay Magley, 250 Safdnole Road were also opposed the construction of a new wilding. Edwazd Ash, 1707 Pazk Terrace West, said he had some expertise in constrution, particulazly in the azea of renovation, and in his opinion, raforleling of the old building would not be wise expendi tore. Others who spoke in favor of constructing the new city hall were DeZ~ond Waters, 1835 Seminole Aoad; loth Gregg, 905 Sailfish Drive; :Hattie Freeman, 660 Prtiberjack late; J.C. Green, 2233 Seminole Aoad; and Barbara Bonner, 483 Selva Lakes Circle. Ernie Mastroianni, Duval County Property Appraiser, said his do;artment had recently moved to a new wilding and the improved conditions had had a positive affect on moth the attitude and efficiency of his personnel. :,fter everyone :fad had an opportunity to speak to the matter, the Mayor declazed tlr_ public heazing closed. Brief discussion ensued relative to finarcing and Mayor Gulliford explained rorey had already been wrrowed and interest earned was greater than the ?ayfoents ffade on the loan. He said the city was in a position to pay cash for [he office portion of the wilding, wt this did not appear to be the prudent course to take. Ccermissiorer NAME OF COMMBS. M S V Y V N PAGE THREE MINUTES FEBAIIARY 12. 1990 penrussion to extend a 6-foot, wooden, privacy fence across approximately >0 feet of city-owned land at the fonrer right-of-way of David Avenue so as to abut the 6-foot chain link fence sur:nurding Atlantic Beach Elementary School. tbtlon: Authorize Com~m;ty 13rsbyLerian (}Hindi to install Bare as requested subject to removal at the discmtion of the city, at the r ~ ~ of the lurch No discussion before the vote. The notion carried unanimously. Ms. Della Koenig, 780 Redfin Drive, asked if a stop sign mold be installed where PubliK parking lot exits onto Royal Palm Drive. The City Manager was asked to check into this and report back. 3. Appearalres: A. Orval County Sdnol Board +*'**> *;m appipyal to park a mobile tx>S on Atlantic Beach Elementary Shcool pr*,r+~?r+; Ms. Vicky Reynolds of Duval County Sctnol Board, explained the school board hod initiated a program whereby, in return for providing security services for the school, a police officer was allowed to live in a nubile bane on school property. The program has been succe::sful and Atlantic Beach Elementary School wishes to have a polim officer in residence on their property. Atlantic Beach police officer Robert Harding has contracted with the school board to provide this service for Atlantic Beach School and they rerveste3 approval to place a nubile hone on their grounds. Clyde King, 270 Poinsettia Street, said he did not object to the nubile bare but felt abetter location mold have been selected. Terry D~7wns, 198 Sylvan Drive, also had m objection to tte mobile bore but said the school grounds have rot been as well maintained recently as they should be. Lynn Northup, President of the Parent Teacher Association, said a letter had been sent home with students and all responses wire positive. tbrothy Kerber, 365 First Street, said ar. officer residing in the area world provide additional sen:rity for neighboring residents as well as the school, but agreed sore attention should be given to beautification. After further discussion, Ms. Feynolds said the school hoard would provide privacy fercine and beautification acceptable to the city. tbtien: Apprvue ZCSi,i.w,r'al mobile trine Q1 Arlant;r BBacti El~tary Sdxnl gxwds for sean-ity piupcaes, subject to landscaping and fencing by the sc3nol board aaeptable to the city Ccrnussiorer Weldon questioned whether the present location of the ^obiie brie was the most desirable and Officer Harding said the grounds tad been inspected arcl that location selected by school NAME OF COMMAS. M S V Y V N CUOk x H3ards x x 1lxicer x x f~ldon x Gulliford x O.lok x F.3+ards x 111rJ:er x x iieldon x x (~rlliford x PAGE 1YA NINNIES - - FFBBIPdaY 12, 1990 Mr. Buckman explained if an additional ten feet of rightbfway could to acquired on Jasmine north of Ninth Street, the road could be moved slightly enabling one large tree on Mr. Williams' property to be saved. The adjoining property owners had been notified of the ~ natter and were invited to att..nd the meeting and were given an opportunity to express their wishes. Mr. Charles Sharon, 820 West 14th Street, inquired whether arty adjustment mould be ode in assessments to property owners in areas where the trees had been remved and the unsuitable fill material had made it impossible to pave the streets, the Mayor explained that the engirxers were not aware of the existence of the fill material until the work was order way. the City Manager was asked tD place the matter on the agerda for the rext meeting so it could be discussed in depth. Jane Scanlon, 630 Jasmure Street asked for clazification as to what areas of Jasmine Street would not be loved and Mr. Buckman explained Jasmine Street would be paved with the exception of the area south of 14th Street to the cul-de-sac. Camelia Street would also be unpaved south of 14th Street. Pam Iewis, 780 Jasmine Street, said she favored renoving the trees w71ere necessary so the loving could be crn~leted. Ibtinn: Authorize ey,gi..oer; to pieoead in acoada.ne with their reoo®adatim to ;vwe the zoad if possible, and take out m;n;mal numlx:r of trees old pave Jae-~ Street No further discussion. the motion cazried +*+anim+++~ly. The Mayor suggested Mr. Williams and Mr. iianna, prcn, ertyrowriers, get with Mr. Howell and Mr. Buckman to work out the details and report back at the next meeting. Billy lioell, said the contractor needed to prn~ with work as soon a, possible so they could sous the equip+ent to another job and he asked that the city Crnmission authorise him and Mr. Buckman to get with Mr. Williams and work out the details and proceed with the work. - Moticn: Based on the preceding oQlversatim, autlnsize Mr. Rowell, Mr. IAlcl®an and the property earls m work out the details m their satisfactim old proceed aocxrndingly :.o further discussion. 'lhe notion carried urenimwLSly. 2. Bcxn4nition of yisitors• ~"s. Cnazlotte Minter of Commurity Presbyterian Church, presented a letter on behalf of the church Board of Trustees requesting NAME OF COMMAS. M S V Y V N Q~dc x x Edxards x 1lxjrer x r~ldvn x x (]+11 i fnrrl x Cbolc x Bdyards x 111doer x x Meldm z x Gltlliford x }, _. 1@10155 OF 74E RHCi1fAt MEEITNG ~ TIE XQANPIC BEX]i CITY OD!!- MLSSION HE1D AT CITY HALL ON NAY, LAS 12, 1990, AT 7:15 111 PRESFAT: Willizm I. Otlliford, Mayor - Robert B. Cook, Sr. Glenn A. Edwards Adelaide R. Tucker, and John w. Weldon, Commissioners a\U: Kim J. IEinbach, City M~iagr>r Plan C. Jensen, City Attorney Maureen Kinq, City Clerk The meeting was called m order by Mayor GUlliford. The invocation, offered by Cacm?ssioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the ran+twr ~et;.~. of January 22, 1990 lotion: TpprovL min+tnc of tM regNar +~;~; of January 8, 1990 \o discussion before the vote. The motion carried unanimwsly. Itans SC atd 7A were taken out of ~*+%+~r atd acted upon at this tip. SC. Change Order for c,..-r;^.+ H arlverts order driveways Don Rucimun, of Bessent, Fiarmwzck 6 Buckman, said many of the driveways were not paved or in sane cases, even identifiable. The clans provided for replacing all driveways which had culverts, which he said mould be in the neighborhood of 200 culverts. Ile said a u;.it price of $11.00 per foot had been established and he reccnniended a cap of 550,000 for the replacement of al'_ culverts. Aut:orization of this change order would provide for payment to the contractor as the culverts were replaced and Mr. Buckman said the contractor would provide a list of the culverts installed and the length of each one before requesting payment. Motinrt: App:vue Qtange order in an amFmt rot to exceed 150,000 far the ~++~• of culvert i.,~rattatirn in Sectim H ';o discussion before the vote. The notion carried unanimously. 7A. Discussion ard related actin to tray in Section H Mr. Rocca-. pointed out on a map the trees on Jasmine Street south of West Ninth Street which presented a problem for the contractor. He said it weld be necessary to rertove three or four trees and pointed out the trees ~,fiich could possibly 6e saved. However, he said tiw area was heavily wooded and the removal of r}Fe trees mould got advers=ly affect the wooded character of the neighborhood. ME OF COMMRS. M O T 1 O N S E C O N D Y O T E D Y E S V O T E D N O Oadc x Edsrds x x Tur*es x fieldort x x CLlliford x Cbolc x x P,twcamte X x 1ltckei x iieldm x Gltlliford x ..,,. CIIT OP ATI.AtIIC tEACB lEWI.AR M88TItC, lR7NDAi, P®ROARI 26, 1990 AGENDA Call to order Invocation and pledge [o [he flag ~ ' 1. Approval of the minutes of the regular meting of February 12, 1990. 2. Reeognitlom of 9Litozs: 3. Appearmem: , ' ~. A. Heywood Dorling toneeznlag code provlafone governing signs and advert icing atructurea in Atlwtlc Beach B. Rodriguez Consulting Group with reco®endatloa for various insurance coverages C. Purvis Gray and Company presentation of PY 1988/89 audit (Harry Royal, Pinanee Director) 4. Old Dmimem: ~ - ~ ~~ A. Action on request from the Cloisters Condomlaium to change [he min entrance to the tomplea from 10th Street to Club Drive (City Clerk Maureen Ring) B. Pinal approval - rapist Block 214 Settion H (Rene' Mgers, Coentunity Devlopmnt Director) 5. Aetiom oo Rewlntiom: A. Resolution l90-4 authorizing the Ciiy Attorney to represent the City of Atlantic Beach in litigation relating to elackard, Grunewald, Michael-Nright-Mclean, Anderson, Froefiart, Mincey, and Hanover Insurance b. 6etlon am OMimnees: A. Con[inmtion of public hearing of Ordinance l90-89-148 accepting sad approving land developma[ plea and proposal known as Tiffany by the Sea, submitted by ASNCO, Inc. and certain conditions for developmn[ of land in the City of Atlantic Bach (Co®unity Developmn[ Director Rene' Angers) B. Plml reading and public hearing of Ordinance /75-90-8 to increase violation fines from f50 to 1250 when parking So handicapped srms. (Pollee Chfef David Thompson) C. First reading of Ordimnce /90-90-152 relating to minor deviation of Pleat Landing POD (Rene' Angers, Comnlty Developma[ Director) 7. taw tnsinees: A. Gee S Jenwn requesting an sdditloml {6,000 Co present Contract price in reference to voter line replacemm[ work in Royal Palm B. Gee 6 Jenson with report on proposed Beach Ave. eater and sever project C. Amndmnt [o Eiceptlon on Parking - Shoppee of North Shore (gene' Angers, Coewaity Develapmnt Director) D. Bequest for funding Dial-A-Ride E. Discussion and related action regarding acqufait ion of property for lift atat ion in Section A (William Novell, Froj act Memger) B. City MmeBer Reports and/or correrpomdenee: 9. Mayor to call w City Ca~trrfomers, City Attorney rod City Clerk: Ad~onronent JENSEN & HOULD Armmm+s Ar Iww 70e HORT17HBiD allBEr p0a[oP77CE aCX 50157 JACkaONW1E BEACH. PI.ORmA 97H00157 AYR C. Je~ueR SOepheRA HoWd Tdeyhaoe (70q'1~&7500 Fl[ (9011 R16~WH0 February 8, 1990 tlAND DELIVERY him Leinbech, City Manager ~ City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, FL 32233 ,- - RE: ^ Commissions Heeling of Februarv 12, 1990 Dear Fims As directed by the City Commission at its lea[ meeting on January 22, 1990, I enclose herewith for distribution to all aembers of the City Commission the following items for consideration at the meeting of February 12, 1990: 1. Proposed Ordinance increasing parking fines in disabled spaces to 5250.00 2. Pertinent documents for history of 16th Street access. 3. Resolution regarding amendment to State lav providing for additional uses of Convention Development Tax. 4. Copy of Section 161.053, Florida Statutes, as amended in 1988, regarding dune protection. The entire Chapter 161 of Florida Statutes moat be considers d, but these are the latest amendments to that Chapter. I would also like to raqueat the Commission to pass a resolution authorizing ^e to repreeant the City in certsin legal actions, or potential actions, in which I have become involved. These actions include the 16th Street access, the John Grunewald case, Michael-Hright-MacLean ease, and Dewees Avenue beach access case. I viii have a proposed resolution for the Commission's consideration Monday evening. Please let me know if you have any questions et all regarding these matters. Thank you very ouch. very tr y Yours, Ala Jensen ACJ:kk Enclosures tf,F t.~,y x C Community Presbyterian Church °~° °~'° / .,..e ~ V ~ ? ISO Sherty Drive • Atlmtic 6eec4 FN~ide JTT3J • (9M) 2~9~8696 Am Onhm V ~rer rrrr ~r/5 A~ January 25, 1990 The City Commission City of Atlantic Beach Atlantic Beach, FL 32233 ' Dear Mayor and Commissioners, On Dehalf of the Community Presbyterian Church, 150 Sherry Drive, Atlantic Beach, your authority is requested to extentl a six-toot, wooden, privaty fence to Section 3, Saltair Subdivision, as follows: The Church has obtained a city permit to construct a 51x-toot, wootlen, privacy fence across church property along the western edge of lots 725 antl 736, Saitair Subdivision, terminating at the southern boundary of David Avenue (formerly Park Avenue), at the point Dav1d averwe was closed by City Ordinance no. 65-65-3. To protect cM)rch property from vandals and the contirxted deposit of trash and debris, the Commission is requested to authorize the extension of the six-foot fence approximately 50 feet across the tamer right-of-way of David Avenue at the point of closure so as to abut the six-foot, metal fence surrounding the property OCCUp1etl by the Atlantic Beach Elementary School. Raspectfully submitted, Community Presbyterian Church W Chat n, oard of Truste cc: City Manager tM 1 I$ sM k. M '~8 T to M « n T x i PA11T HI COASTAL ZOIE PROTECTION a. 167.063 19M SUPPLEMENT lb FLOIIIOA STATUTE618A7 s. 161.5/ 161.$6 Vehicdar traffic m caasbl beaches. « reWrYding options, and IM desgn adequacy of the propel sough: to M rebuilt. (~ Irernlits isared urldor thB auMLClian ShY clot be considered pecetlenaal as to Ure isseanea d subse~ gllenl parents. (11) Concurrent wiM the eaeblisMent of 0 toBatal cdnstruction cantrd line and IM mgoirg administration d thin ampler. IM executive daect« of IM department sMA rrpke reemimaMalpns to tM Governor and Cabi- ret as Mad of dle department corrarnirg the p«chase of IM tee «arry less« mt«est b any bMs seaward d IM canlyd Ern pursuant to tM slate a Save l)trr Coast Canaenalion aM Recreation LAMS, «Ouldoor Re«e alion Land acyrssition pogroms: and, with respect to Itnse tmad Gas es1a063hed pasuanl Io th¢ section prior to.6ale 11, 1978, IM executive dkenl« maY rrnke such reuareeMaliore. (16) A ulasw county «munktipaliry fronting m Ue GWI d Mexico, the Albntic Ocean, «tM Sirails of Fiod- da sMB sauna tM department Witten 5 days all« re- ceipt d arty permit application I« construction « oMer adivities poposM to be located seaward of tM tiN es lall6shed by tM department P«saant to IM povisims d Ihia seclxn. Vllhin S days alter receipt d such app& ration, IM county « mrmiapa6ly shY rotiry tle app4 cant d IM requaements br elate perrtals. (167 In keeping with fM intent d subsection (/), end at the ds«etion d IM department, aulteriry lu perrtel- ting ranain types d activities wlach Mw been delirod by tM deledment may ba delegatM by tM department to a coaalar county «coastar murocipaliry. Such partnl delegation shall M ^e^o'^'N crostnetl to those partipr br xlivities speaficaly named in tle Oelegelbn aM agreed to by IM afiectetl ceunry«eMnapYtY. aM are Oelegaticn may be revokM try IM department at arty time d it is determklM tMl Ue deegation n inproperry « inadoqualey admirasterM. (17) 7M department may, at tM request d a popes ry owner, contract with such poperly owner 1« an agreement, « modify an existing contractual agreemen I regubimg rfeveloprrent actvties bMward d a coastal emstncoon e«rlyd kre, provided tMl roUralg wimit tM conbactual agreement shall be inCOri5nlenl Wien the in0 Nialg povisipna d Ihq aBGtiorl. N Iq CBSe step tM tmtraclual agreement bind eith« party /« a Period brger ears 5 years hom its dale d exewtion. Ri. « to bepmeg arty Carlelrlrpllpn activity covered by Uri agreement. tM poPertY owner ahY obtain the neces- sary aWhprization requiretl by Iha agreement. TM agroenen! ahaA not wlhanze cerotn;clion I«: (a) Maj« Mbib6le struchaes whidl w«Ad regeie constnrcam beyond tin expiratbn d tM apeemenl, uNep ouch camlructpn n above tM parnplaled /om- Oalim; « (b) NmhabilaDle mapr strut(«es « minor e1n1C 1«ea, unbss SUCI: carr5iruclion was auth«ized el tM same time as IM habitable mapr alNCture. nett-. r,rn n-ao. x.a nn.. ran-a. sa nzsr.. r. a n-re.., x a aw . v, e. ei-zw.. z m e>-ar. a. a area r m ant. x u. a o-ar... r a esea.. r. a ears nS OM wwr.W 4. a. a aFrli, yy,a w wtiwn 181.66 Vaal«Yar asflk m rnastY bsacMa.- (I) Vehicular IraMx:, ezcepl Mal wtach b nee%6ary f« cbararp, repair, «pub6c salary, and ezceDl f« traffic often Guth«ize0 local « state Ours uosaovera, b po- 1libiled en IM dUIMa « NhVe Slabill2Ylg Vpgetat10r1 d 6e dune ayslem d coastal beacMS. Ezupt ae otMr wise povNed e~ tNS section, amy p«sm lade m, ov«, « auoae any dune « nataiw etebiAZing vegetation of tle dure system shaA M geaity d e miade- meanor d IM seo«q degree, plmisMbb as prwi0od n s. 77$062, a. 775.063, « 4. 776061. (Z) Vdacubr Vatic, except Mal wtaat b necessary 1« amnuD, repaa, « WbAc Salary, «/« de pupoae d manlairnlg axbMg acen600 eM parmltM Vadition al corrvneraal fwhrg activaba « exnling authorized public acceeswaye. is poMbilee m coesw beacles ex~ cepl wMra a local goverment with jiinQccaon over a Coaaw Naar «pmions d e ccastel beau het: (a) Authorized s•.ldr frolic, by at legal a tlsee-fa0ro role d itn goverrvg body, m Y a pmiona of the beaclee under ib jtrrndction prat to tte e6xlive dale d Mis act; and (D) Delelrnared, by Ocldler 1, 1969, h aceerdvice with IM rubs 0l tM department. Nat bas then 50 p«- tanl o/ tM peak user deman0 1« ail-beach parkng n avaaade. A local government authanzirg sudtr vels«ler uaKC m Y « pmims d its beedea purailant to the blt~ ~Y btar pohibil, by s rote d et bast Uaes- goverrwg body, such velicubr traBC m Y « portions d tM Oeaches War its ryriaSClion. Arty such total goveirYrent shY M eldMnzM M a thee- filtle rote d its gaertwg body to Gorge a reasonahb tee fu vehicybr taffc access. TM revenues born arty such lees aMA be usM odY for bead) rNinterlarlce; teadtirebled t«Ifc rrierlagerrrelrt~nd parking; beaCh- related bw enlorcenient aM IiaWlity insurance; « txaldr-reblee saraMtion, laeguard, «other swf p«~ poses. Except Mere aulledZed by Ile local (pi«n- menl, any Perm dr^'a5 arty vefacle m, over. «a«on Ue beach shaA M guilty a a misdETearer d then aec- oM dagrse. pudshebb as provided n s. 775.062. s. ns.1163. « re. 77$ae1. rw.s.-. s. a wss . s a ae-.n:. a s m.a... z a ati+a e~s-.mrnprwawxmw• sa. esm.a..eeur..e 76! OMAPTER 10.1 xTrERaovEwrENTU PROORAMs PAm I MIfCELLANEOUf RIOOItAN3 iq 01 Fbrida lnledxal Cooperalim Act d 79~. s. 161.053 s. 161.063 7916 SUPPLEMEM TO RORIDA STATUTES 1937 seasarul tu,)n-wa1M Noe wi,hnce preocedan ~ ~IM• of apPRCaUOn 1« such Penns rWe. In de- musrig sutra «osren Sf W of eslabliahed by termirwg 1118 Ares wfadl wit iK seaward d the Seas«W nigh-wafer Ina in 30 Years, Ina department shag rot vt~ elude any grass yrdwar0 of a coastal PAnslruClion tom Ira GIs. (<) Where TIM appXCalion of paragrepn lb) ~_ mayy ~sstal a ~ trlult«an ofsxe~slruct~ t f« that parcel so brag as' 1. The parcel 1« which the 4xr91e-ib melee end is proposed wag plallld « subdwided y b«mds bet«e lM Plleclise dale OI lni9 sedan: 2. Tne owner of Ina parcel 1« white Ice sxgle- lamiy dweXX9 is proposed Goes rat own aralller Parcel ynrradielehy adlecM`! to end landward of lM Parcel f« wage Ina dwepn9 is P!oPOSed: . 3. Toe Proposed srclgie-IamXy dwelRrg a Iocated landward d the Irontal dune j tructur~~ wiX ba u 4. Tie proposed s+rgla- aniM. far WrldwaM on its parch u a praclaaWe vnltaut berg Totaled seaward d « an tfa Ironial dente. (d) ndBlemwwr9lfl lartd areas vvMCh wa to bebw the seasonal hign-watts Rra within 30 Years alter the permit appscatbn dale. Ure depanrrent chap mr%aider the impact on Ina erosion relea d an exisiug beam re- nouisnnKnl «resl«atan project «d a beach reriour~ ishmenl « resl«alion project f« w1aU1 aA landing en rengernenls new been made and dl pMrdls bawl been issued al the lime the apphniibn a suorruiled. Tne de' parimenl shap censidereadT YPar there a mots seaward OI Ina Mown Conhd Noe Thal r10 MOaiprl look place foal year. HBWBVer. the seaward a%Ienl of Ina ba8d1 fM«)r' isMTenl «re51«albn project bayaa Ina artisan tom ird Ina ands not DB c«faidMed in dBtMinidrg Itx: appli. cable MaaiM rates. fJothrg n lllis wbsetNM sha0 pro- Isbil the deparment ham requuug siruct«es to meet criteria ealedia110d n subsection (1). sub^RClu1n 12), « subsection (5) « a ce father Iarldwartl than raquued by ilex stAseclion bagel on Ilse criteria aladished in wbsxlun (1), subaectuxl (2), «subseciano(5~ Leg (a) Tne department strep anrxrauY spat islature lne statue of this Program. indudmg any efTarlOes a are «evau9ly adopted prxxdXes f« de- aging « Wusing to ce tlemaged suU sand dune «iM vegetation growing ltTMeon n va101ipr1 of this section Is gulry of a rrTnderneanor d the second degree. iXalah- Able ss pra+ided n x.775.062. s. 775. tO ~~f 7~ ~ A pMSgn, lam, corporation. « agars deenad guitry of a separate o0ense 1« earn day cluing any portion of which enY videlion d Bra section is com- milled « continued. (9) Tire pronsions of ids s%lan do not ePPN to slructuas nleMed I« stxxe protection purposes wlacn are regulated by s. 161.041 « to street«e5 easlag « under construction f>~ to the esladisnment of the coe3lal canslruclion conird Roe as provided tlMen, po' vitled suds alrucluea may rot ce malerrely dtMetl a%~ ceps as provided in strbseclTOn (5) (10) Tae department rosy by regWtion exempt spe~ ducally tlescnlted plans of lee coastline ir«n iha pro- visions d Iles SrxAitn when m Tis ptdgrrlonl such p- lans of coa6iNra Decease d laei raluaare rat subject to Mosion d a subslantiasy darrogng effect to tae pufr ~. iM eslabssMrlenl OI coastal conslNL (11) PMIdxTg tan caned tines es 1><ovidad nMen, tIa provisions of 6. 161 052 sftaN remain in lace. fiowaver, upon the eslaD NsMnent d coastal croslruclan conlyd Noes. « the ea~ lablisnrnenl d coastal construction Zoning and buildNg modes as provaed n subsection (~ ~~si~onsnd Mix 161 052 snag ce superseded by section. (12) The Goaslal Construcibn contrd requirenents defined in suDSectan (1) and tae requirements of the erosion projeclXxuS psuanl to subsection (6) do not ap- ply toarty mpGfration, mainlenarlts. « repair to arty ex- isting sWClure wilan the lulls d IIIe a%istirq fouMa- Ibn wtadr dpesrat require. involve, «indude arty addT- lu%t5 to, « repair «rnod8ratan d. Ble exatirg I«xda~ lion of ih01 sbuclue. Speciucalb a%csxled from Uris ex~ emplion are seawass «ollwr rigid Coastal «sfare pra teclun street«es and am/ add'la^s « raafo91tr08 alb eel, Constructed. «nsuead below the test dwefang Ibor « Ionesl lath d Itq exatXg strvclue. (13Na) NoMitMlanding the coasW COratmction cen ird requXemenb defsled n subsecton (1) ache artisan projection delMmirod pswnl to subsection (67, tae department may, el its da«Nan, ia9ue a Permit f« the repair « relxaautg rnltin tlIe confnea d tae origaW (7) Any toaalar shuctue Macrae. w c+°.°.°•^^' •^- n vidalbn d the provisions d Ina section a t%xo- acad foundation d a map simctue pursuant to Ote prop ans d aWgBCtun (5). Allemativey, the oapadmant . try dechrcd to be a pubes rpisarlce: and such structure s yap at ifs Oacrelion, ague a parrdll« a m«e lartb snap be IadMdn rernove0 « such lxtav8luxt snag ba . wartl relbtalign « rebusdXg d a dema9®d « Basing f«Ihvdh relded aRM wntlen rolux by the depatmrnt struGlure a soon rebcalion « rebuilding vwwld rat dveCtug Seth removal «fXYlg. in the event its sing- reuse IIIIIM harm io the bedLn-0Irr19 Syaiem, aril R, lee a rat removed « Ica exCawlion relise0 withn a n the case d rebuXd~ng, moth rebuXding c«rtppas wiOl reas«ubk tme es directed, the deparlrrenl rosy re- ~ herwiae mrrgRes (5 b ~ S ° ~ move such structue«1#aWlexWValan at its osrn ex pence: and the costs ItlMeol saaA Decorate a Ran upon 9ubeeciien. laa l ~oa o w h tM MO der no cucumsiantes Shall the depadmMll b u the yopenyd ins Wland gwrler Won which such unau n ) ( permit such repairs «rebtaldug Mat expand TIM Cepao- Itlorize0 Slruclue « exrawtion i9 boated. IS) MIY perF'xt, lam, torp«atan, « agent thereof dY o1 Ina Origuvl 5lulue Seaward of the 3D-yBir Mo- ojection established pswnl io rxAeeclan (b7. e mote vidales tlss sedan a guXly d a misdMnearor d 775082 ra pr s (c) m reviewxg rrppacatiorla IM relocation «rebal6 . the lust degree. purashabb es provided n 5. drrvu the department snas speciucaM consider Cltangea ug g s 775083. «'s 775.084: except chat a person « auoss anY sand dune and dam WM veMCie on an . in sMreWe c«ailans. the a•.r_'-sbedY d ocean rebratian , , y 182 ., f.. 053 '_ of ~ted car sd Ion .~ ins ~ is M «e ad ier- to rid lea ce fed i to :er and sh, :ion Est, na 10 a~ Ina xh on M :can 'Pn xr~ hatl gyro- rnB bve nr~ ion the trio ant r3). a on, are re '°KJ >Bd ea ha W hat 10 nL ali. sanady continuous and udlarm constructbn One cbsm to tM Me d mean tagh warm Uen tla f«egdng, port it the exialing atruetures have not been uMuty eHeCletl by mosbn, a apposed structure may. et IhB Oiacrelion of Ufa department. be permtted ebrg such tine m vvdl~ ten authorization Iron rice Oepmlrnmll if Such structwa i5 also approved by the department. Flovvevar. tie da padmenl shatl not cronlrevene sellsck regriaementa « zoning m bukfing tortes eslebli9lad by a County « mu- nkryafty which are equal lo, « more strict than, those requirements provided herein. This paragraph does not aohidl the depadmenl Iron requiring sbo^:uras to meet design and silkg pilmia estabisMd n paragraph (a)«in subsection (1)« subsection (2). (tl The department rrsY aatlition the fuiura, lim~ ig, aril sequerz:e of constmcticn of Permitted activities to awide protection to nesting sea lurllea and natdr- Frgs and their hahilat, pursuant to a. 370.12, and to na- tive Hall-reslatanl vegetation antl matargmed plant s. 167.053 19tl! SUFiLEME1Q TO FLORIDA STATUTES 1907 a. 161_053 permitted aojects. shwa IinRl Ina conshuclbn Of e rAth public access stag the lies. My riparian upland owner woo teas foal such ins iS eflabaahBd R alldl~ IBStrICIfJB «pr@VBllts a IBgllf mate use a nis popMY snap De granted a review a the Roe upon written request. After such review, Ina deparh merit shag decide Ha charge in Ihaconlyd line as eared Rshcd rs justified arr0 shall so notify tM person « pm- sons rrakirg the request. The decision a the depad. meet snag be subject to rydicial review es provided h cnaPtm 120. (3) It is the intml of the Legislatwe that arty coastal constructbn contra Foe that has rot oven updated since Jane 30. 7990. shall De considered a «ilical prion~ ty t« reestadistmenl by IM department. In keepkg with Htis intent. the department shati rwtiry the Legisla- !we H aY srrdl lines cannot be reestedahed by June 30. t909, so loaf Ire Legislalwa may subsequently conaid- m'aderkn Mies d jurisdiction f« the remaining counties. (1) My coastal county « coastal rmrnlcipaliry may estadish coastal construction zoning and building codes b feu of the aovisiens d this aeclbn, provided such zones and cotles are approved by the department as being edequale to preserve end poled IM beaches and rnastal barrier tlunes adjacent 1o such beacnes which are rardef the jurisdictbn of IM depanment hem irtlpmtlenl constnlctbn that win jeopardize Ina stabitiry of the beach-dune system, accelerate erosion, provide inadequate aolectbn to upUnd structues, endanger apjatent gopenies. « inlMma cairn public beach aP cMS. Exception9l0 bCetly estadished coas(m COnstruc- tbfl Satirg and Wildkg codes snail not ce grentetl un less aevbuaN approved Dy the tlelwtmenl. II is the in tent of Iles subsecton Io aovi0e t« bcel administretian OI ealadiahCO coa9lm conslruclbn tontrd ire9 Ihrotgh approved zoning aril Wiltlkg cotles where dewed by bcal nlme914 aril where such bcal inlmesb have, b the )udgrrent of the rfepadmenl, sulfident lands and personnel to adequately admiastm the program.Should the deparmenl delerntire al any tkre That the aogram is asdequalNY admbistmed the deparlmml ahWl have aullpnry to revoke IhB aWlgnty granted to the ceunry « mwlidpafry. (5) Except km Ilrose arena where bW zarMg and b>ildng Codes have been esbblishetl pursuant to sub section (/), a pmrit to altm, extavale, « construct On polxrty aeawartl a estabisMO coastal construction tontrd Ines ropy be granted M the Oepmtmenl as ld~ lays: !a) Toe Oepaftmenl may auttrpfiie en ezcavalion « median a a structure at any cOaaUl locetion es do- s«ibed in sIASOCtial (7) upon receipt d en appficalpn Tram a aopMy an0/« riparian owner aril upon the con sderetbn a IOCU aril ckcurruWrces, hdudirg: t. Adequate engireerkg data concemmg shrae6e stabihry and storm tiles related to sh«efne topography. 2. Design fealveaot the apposed structures«eP tivities: end 3. Polenlial ingxts d the location a such struP tares «ectivities, krlrrding potential emulative eHecla of any proposed structures or activities upon such beach-dune system, whicA, n the opidal of IM depart- ment, clearly rystdy such a perrdt. (b) II in the imnediale contigues a adjacent area a number of ezisbrg strudwes have estatNisheO a rea- dilion to grenlag pmmits, Ne aovisbn o1 a0emative ac teas wren intedmerrce with public access akag Me Desch re Ixevadabb. 7M width of such aHemate ac- cess may rat ba regdred to exceed the width o/ the ac- tess that wi0 be obstmaed as a result of the permit bo- xr9 granted. (Q the depanment may,asaconditionlolhegrent- Ng a 0 pmrMl Udef th6 Bettl«I. lBgUlla nMtlgatiprl, 1F nancial, « other assurances aaspbde to the depart- ment es rney be necessary to assure pedamarzx d conditions a a permit « corm into contractual agree merits to best assure Conpsanca with any permit condi~ lions. The department may also requve retbe of IM pm- mit corlditbns required and the conuxtrrm agreements entmee into pursuant to the provisions d tds subset tbn to be filed in Ina pubic records d the ceunry in wtYth the permineo xlivily u located. (6xa) Aa used n tds subsecton: 1. 'Franlm dune' means the Ysst natural « man made mound a bhtlf d Hats which is bested landward d the beach and whits has strl(xaeni vegetation, height, contivriry, end confgrxafon b oHm aolectiva vabe. 2 'SeaaarW high-warm ins' means the Ina farmed by the intersection a Ue dsng slgre and Ore ekvatien d 150 percent a the total mean tidal rage above last mean nigh warm. (b) AHm October 1, 1965, and nolwiWtarxAng arty' otter awisbn d tlriz pert, the tlepartrrlertt, a ^ tool govmnrrrBnl Io which the depnrtrrlmt has delegated pmmittirlq authairy pwsuant to subsections (4) and (16), theft riot issue any permit la arty StNCIa@. Otler Than a coastal a Shea potectbn atnlClwe, mina 61Nc tore. a pier, nreelalg tae regrMerrlents a Chia part, a other than stake and Wscnarge atrucWes br a fadity Sfled pursuant to pad a a chaplet pro, wtrich is aP pose0 la a bcation which. basso an rte depBdmant's aojeclions of mosbn ki IM men, will be seaward of the 181 a. 181.05] 1MB BUPPLEMEM TO FLORIDA BTAME81997 a. 161.053 PARTI REGULATION OF OONg171tICTION, pECONSTRt1OTION, AND OTHER PIIYSIOAL ACTNRT 161.053 Coastal construction eM ezravation; regub~ Aon on cgmly basis. 161.053 CWaul eonatrue0on sM astwatlon: rep ubtbn IMI county Oeala.- (lyaj The Legislature fads aM declar« that the beaches ur Mis stale aM the rAasld Darner dunes etlje- cent to such beaches. by their nature, are wbjecl to Ira quint aM severe Xuctwtions aM repesent one of Itte most valwda nattaal resources of Fbrda aM Ihet it is n the public inlet«I to preserve aM protect Them from Impr11da11t con6lnrclon Yxhlph fAn leopard¢e ChB n18GA- N of the bead~tlune system. accebrate mosbn, pro- vide aredequate protection to upbrd structures, erdan- gm adjacent properties. m intedma with public beach access. At furtherance of these fiMirgs, it is Xte«latr of the Legislature to provide that the dePartnro^ AWt coastal construction Contrd Ares on a county basis akxy the sets beaches of the state Ironing on the At~ bniic Ocean, the Gull of Mexico, or the Straits d Fbrida- Sudt lines shah be «labfished so « to define that por- tion of the beach-dune system which is subject to se vets Mctualions based on a 100-Year Worm swga, storm waves, ar other pretlictaDle wealhm conditons. Flowever, the tlepartmmt rtroy esbaiWt a segment w segments d a coaslar construction contrd Ana further bMward (hart the impact zone of a 100-Year slam singe. provided srxdt segment ar segmmb do rot ex~ IeM DeyoM the landward tce of the coastal bonier tlune structure that intercepts the 100-year storm Surge. Such segmcmt or segments shaA not ba «latr Asked d adegwte dune protector is povidetl by a stale-approved dune marrogement plan. Special si(ug and design cdteideralions shall ba necessary seaward of «tadishea coaslar catstruclion conVd tales to en sure the protector of the beach-dlale sYStem, pro- posed or exislmg sWCWr«, aM adjacent popMba aM the preserval'gn of pubAC beach ax«s- (b) Aa used n Xtis subseclbn: 1. WMn «Iadislting coaWd construction contrd fin« az provided m This 5edbn, the dWktnice ol'saM beach' stroll be expanded to irtdtde coastal bartier is~ lad ends conlguous to the SaM beadles a the state hooting on the Albnlic Ocean, IM GWI a Mexico. or the Straits of Florda. 2. 'Coastal barrier isbM ends means those are« on the ends of harrier islantls Ironling the Atlantic Ocean, the Gun of Mexico. « the Streita of fbritla. which are subject to severe 6uctwtions based on a 100-year storm verge, storm waves. a dher predicl~ able weather conditions 3. 'Coastal barrier islands' means geobgical tea' tares which are canpete:y surtounded by marine wa- Ims That front upon the open watms of tae Atantic Ocean, tae Gal of Mexko. a the Straits of Fbrida eM are composed of quartz sands. cbys. Ameslrne, odic«. rock, coral, coquina, sediment. or other material. in:JUd~ In9 spoA dispoW, which IeettXea Y9 above the fine of mean high walm. Assinbrtd areas whidt ware separated Irom the rtroatlard by Mew cMnceAZetbn for Me Wr. pose of «sisting marina commerce abets rat De consid- med coastal barrlm isWds. (c) Coastal constructon cmttrd Anes shaA be sat on coastal barrier isbM reds ody M conymclion wits the reselling of the coastal construction control line Mrotghout the entire counlY within whkh the bardm ia~ IoM eM is totaled, aM shaa rot be «lataished an reaches al consul barrier isbnd ends whore the afore 19 vegelared with mamyov«. (2) Coastal conslrvction canlyd lines WnA M estatr IishM by the department only attm it has been detm~ mined Iram a comprehensive mplneerug study end to- pogrophic survey that the «tabfisttrnent o1 sudt cptlyd tines rs necessary Ire the fxoleclion of upland properties erd the contrd at beach mcebn. No such lure shaA be set wol a pubkc Itearat9 has been Deld in each eflecte0 county. After the Oe(mrbrtent has given consideration to the results of such public heamg, it WWI, alter considm~ irg graurd elevations in relation to laslodcal storm aM hurriWne tides. predicted maximum wave uprush, peach aM oXahae grouts contours, Iha vegetation ins, mosbn Irends, the dune m DhrX Ana. X any exist, aM existing uplaM OevebpceM, set end «teb9eh e coasbl construction conlyd Ana aM rouse 911ph Ana to be duly receded ut the pubfo records of arty county aM municipakN aXecled and shag furnistl the clerk of the circa) court m each county eXected a survey 01 such Gne with refinencea made to permenerttN installed rnorF umenls at such inlmvab aM bratbns « may ba Gott 9idmed rtecessarY. FWwever, np coa5lal CdtatrUCllprt rxntrd lima shell M set until a public hearng has been heal by the Governor aM Cabinet and tM aXected per sons have an oppmturtiN to appear. The hearing shat Constitute a pubAC Iteadng aM shaN satisfy aA require rrtents for a pud¢ hemr^9 pursuant to s. 12U.5<(3). The hearing shall be noticed m the Fbrda Administrative WeekN in the same nronner az a rub. Am/ ooaetar ~ atrucflm rgntrd Ana adopted pursuant to dtis sectAxt shay not be subject to a s. 12054(4) orb shelbrKJB or a s. 120.51(17) tlrawoul proceeding, but. once tdopt¢d, sneA be subject to a s. 120.56 etvWidiN chePertge. The rub shaA be adopted by the Govarror aM Cabinet aM shaa Oecorrle eXecfrve upon fairtg wits IM Department of State.:otwitnsbrxfirg the provisions a s. t20.5a(t3). Upon the «tadishmenL approval. aM recordation of such contra ens or Ire«, ro presort, fare, corporation, a gwemmentW a9a^cY shall construct arty stnrclure whatsoever seaward Mmes: make sty excevelion, r& more arty beech matedal, or ottterwee aXm exislirg ground eevations: drive arty vehide on, over, a across arty sets dune: or damage ar reuse to be darwged rock sets dune a the vegetation growkg thereon a«~ ward thereof, except « hmdrtaftm provided. Codrd lines «tabAShed uMm IM prwlsnns a tlas section stuA ce subjml to review 91 Me Gscrelian a MB depart- ment after consitleration of aydrographic aM topo~ graphic data which iMKet« ahordxo changes that render «IebAShed coastal cenatrucliell Cpn:rel 7ul« to be ineffective IIX the Purposes a Ibis eel a et tto wdt~ ten raga«I a aficials of eXeclM cMmties a municipaA- 1!D /(~ %~ IN as bn rm Y~. >, ct PASSED by the City Commission on first reading, this day of , 1990. PASSED by the Ciiy Commission on second and final reeding, this day of . 1990. ATTEST: MAUREEN RING City Clerk WILLIAM I. GULLIPORD, JR. Mayor, Presiding officer Approv d as to form and correctness: LA! EN ESQUIRE City Atto i OADIYAYCB 75-90-8 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, ADDING UNDER SEC. 21-17(7) SUBPARAGRAPHS (a ), (b) AND (c), TO INCREASE THE FINE FOR UHAUTHORI2ED PARKING IN DISABLED PARKING SPACES TO TWO HUNDREC FIFTY DOLLARS (5250.00), ESTABLISHING A FORMULA POR THE DISTRIBUTION OP ALL PINES COLLECTED FOR VIOLATION OF SUCH SECTION, PROVIDIN. AN EFFECTIVE DATE. - BE IT ORDAINED BY THE CITY CONMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Subparagraphs (a ), (b), and (c) are added to paragraph of Sec. 21-17, Code of Ordinances to read as follows: (a) A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the packing apace for the purpose of loading or unloading a disabled person, and no penalty shall ba imposed upon the driver for this momentary parking. (b) A person convicted of violating these provisions regarding parking spaces designated for disabled persona aha 11 be punished by a fine of Two Eundred and Pif ty Dollars (5250.00). (c) All fines collected for violations regarding parking spaces designated for disabled persons shall be distributed es follows: (i) Thirty-five percent (35t) shall be placed in a separate account of the City to be a:pended only to improve accessibility and equal opportunity to qualified phyaicnlly disabled persons in the City and to provide funds to conduct public awareness programs in the City concerning physics lly disabled pe sons. These funds shall be appropriated by the City Commission prior to ezpenditure, but shall not lapse at the end of any fiscal year and shall remain available Eor expenditure for the purposes stated herein. (ii) The remaining percentage of the fines collected shall be distributed as provided by law. Section 2. This Ordinance shall take effect immediately upon its nZ3 aT passage and adoption. U 4/ ~' for approval by tM City Coaaigioa aubdivlaion plat, aed upon auch approval, ra~cord uaa la tha publio raeorda oS Duval County. Saotion 4. 7hia Oedinanoa shall rata altaot upon its adoption. i -aaaad Dy LM City Cesigiea on S!!at sanding ~ _~~ i Faaaad by tM City Cegigiq w aaassed sad final raadiap ~___~~~ gllliaa I. Dulliterd• Jt. Myor• Fraaiding Ottioar Approved as to Fern and Corraotagas City Attoraay Attaats awrNn King• City Clam ~---- ORDINANCE NO. 90-89-14R ~" AR ORDINANCE OF THE CITY OR ATLANTIC REACH 1CCEFTIMO AMD AFpROYIND LARD DEY~T pLAM AMD FROpOBAL RURNITTED RY A/MOD• INC.r IND CERTAIN CORDITIOY FOR DEYC.DFNENT OF LA10• IM . THE CITY OF ATLANTIC REACH/ FROYIDIN6 AN EFFECTIVE DATE I rNEREAS, the city co..i..son Aas been presented • land d-velopaent plan .nd propwal by Aahoor Inc., setting tosth condiilons under rhioh dwelopaent of the land 6ersinatter d.aerihed rill constitute an innovative dwelopaent projaati and YNLREAS, the plan and psopopl subaitted reduces the density peraittad under present zoning and wbdirieidn rpulatiws and rill reduw the tapact on public twilltisi naoassary to serve the project, and rrEREAS, the plan and proposal ril raduw the •peyohologiwl barriers to public uu oS the beach and redaw beach oongeetitlnr and rNEREAS, the property dasnribed doh net sect tM requireasnts Sn size for • Planned Unit Dewlopsentr and YNEREAS, the City desires !o sooept the proposed plan subaittad by AMOC, Ino.r !or dwelopasnt of the property rithout aaending any of it. present sand uN r•qulations and doh hKSby find that the plan rill M ooapatible rlth the surrounding properties. MOM THEREFORE, BE IT ORDAINED RY THE CITY COMISSION OF THE CITY OF ATLANTIC REACNr FLORIDA, AS PoLLOMSf Saotien 1. Motrithstaading the prevision of tM Oldlaanw Cod. at tn. City of Atlantio Eeaohr the pica cad proposal Zor dwelaplog property of Ashco, Inc., described in and in aoeordanw rite the design quality standards !a! •Tittsny by tM Eea •, and the Nee 1. ehreby accepted and approved. Saetien 2. Three copies of the plan and propoal tleseribetl in Section 1 ass on Zile in tM ottiw of tM City Clerk end are by -. reterenw incorporated Mradn as if wt tnrth verbatis in thin ortlimnw. The plan and propoal for dwelopsent shall seaaia on Zile and ..y not be asendad or dwiated trop rithout prior approval oZ the City Cwaiaaion and notiw to the property orners of tM property deeoribW therein. Saetiw 3. TM orwrs et ttv property spree that prior to applying to the City for any bYlltling perslt they rill record in the public seoorda of Duval County tM oovaaants. oondltionsr restrietione and daipn quality standards subaittad to and approval by the City Zor Ashoo, Ino.r • onpy oZ rhioh is tiled rith the City Clerk aS Atlantio Reach and shall Drepare and wbsit J /'~ -. - CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM) Asendwent to Contrast Quality Developaent - OCEAN TERRACE SUBMITTED BY: Rene' Angers, Coswunlty Devrlopwmt Coordinator DATE: Deceaber 6, 1989 ND On Apr11 30, 1969 TM City Cowwission approved Os•dinancr No. s BACNOROU 90-89-139, accepting and approving the lend developwent plan and proposal for Oersn Terraae, ^ fourteen unit single fawily developwrnt consisting oY six ocesn front lots and I eight intrrlar lots. The developers have proposed fro changes to the original plena i) A reduction in density crow fourteen lots to testes lots; six ocean front and six interior. This will allot an increase in the depth of the ocean front lots of approxiwately 15' ^nd sn inerrase in the ridtA of the interior lot^ of approxiwately 10'. 2) Thst the northern extension of Ocean Terrace Court ' terwinste near the southern boundary of Lot 5 rather than extend through to Lot ~. Lots 4 and S ere under • single ornerehlp and plans are for one Aose straddling the tro lots. They feel less pavement rould be Bore aestMtlcally pleasing. ~ ' RECORRENDATION: That the City Cowsiuion approve the awended plan, subject to the devoioper providing the city • guarantee that lots 4 and S are to br cowbined for construction of one unit, or thst he provide us with • bond for the cost of construction of tl:e northerly extension of Ocean terreee Court until lots 4 end 5 are developed. _ ATTACHMENTS) Proposed Revised Site Plan Dated Novewbrr 30, 1989 Copy o1 Current Plan REVIENED BY CITY MANAOERs--------------------------------------- ' AGENDA ITEN NO. _________ ~~. ~- ~: ,.~, YDl'IC6 GF CBIHR;S Og L1TU ~ The city Co®ission of the City of Atlantic 8aet3:, Florida tas received i a request for an amt to a developer agre®ent for land within tM area strewn an the seP in this adver'tise~:t. The amel~ent mould r~wa density fma fourteen lots to twelve lots and is m file in the office of the City Clerk. All interested persons are invited to atteid a Public Hearing m the . proposal which will be held rn FYbxtary 12, 1990 at 7:15 AN at City Hall, 716 Ocean Boulevard, Atlantic Beach. r...~` ~ u l It i ~~ 7l F' r ~.~. , ~tnight~ of'(~olumbus FATHER MURPHY COUNCIL, No. 5535 P.O. Bos 50704 Jacksonville Beach, Florida 32250 January 22, 1990 Chief David Thompson Chief of Police Atlantic Beach Police Department Atlantic Beach, FL 32233 Dear Chief Thompson: NN:'n ,Ina 7 v t~4~ Aa in past years, the Cnighta of Columbue-uf Jacksonville Beach will be conducting their .annual Fund Drive for Retarded Citlzena on the weekends of March 2, 3 and 4 •nd 9. 10 and 11, 1990. we would again desire to locate ourselves at iha intersection of Atlantic Boulevard and Penman Road from approximately 8 AM through dusk on the above dates. As in the past the majority of our solicitors are members, many of whom will De dressed as clowns; and their aependents. the Knights of Columbus has in place liability and medical insurance in the smouni of ;1,000,000 to cover our members on both weekends. I thank you for your cooyeration in allowing us to perform this roadblock. If you have any questions please Contact me at 641-6361. Sincerely, ~AM 9~F. BLACME o-chairman ~a .. CITY OF J'kYaKtle &.aek - ~lssl~4. ~'rntlaxnn#inn NH13~15, the use of parliamentary prooefitre in the meetings o£ private aid public organiutima in this caattry prmotea orderly deliberation std protects both itdividual rights end majority ruler std WBE1~7lS, the poeitim of Jefferson's lNtatal remains uttchallettged ae to the earliest to defire std interpret parliiasattary principles for our derocratic republic and to offer a basic pattern of rules and a ~m+++> of unifotmuty for legislative processes of the Ilttited States; std Wfif]2PltiS, April is the birth month of lbmms Jefferson vAtose Matntal has served as a practical reference for leading authoritres today; NOW, Z, Willian Z. Orlliford, Jz., by virtue of the authority vested in me as Mayor of the City o£ Atlantic Beach, d7 hereby proclaim the month of April 1990 as PAiQdA!®11H 1 !~ std urge the people of the City of Atlantic eearlt to observe the toxtth with appropriate oeremcnies, programs, std activities bo advance democratic processes and efficient organization of meet' thra~ parliamentary practice IN WPII~II.'SS WBfld2if", Z have hereto set mY hard std cause the official seal of the City of Atlantic Beach to be a£fized this 12th day of li~bntaiy in the year of our lord, Q~e lhatsard Nine umdred std Ninety. Mavree~+ Xing William I. Gulliford, Jr. City Clerk Mayor (G RFro Fr:~ :; ~~90 Aynarirsln R,~ (,~pge mAVAi srA7k]IS aunoay a asua-0aa February 5, 1990 i Mr. Rim D. Leinbach City Nanager, City of Atlantic Beach 716 Ocean Blvd. P.O. Box 25 Atlantic Beach, PL 32233 Dear Mr. klnbach, The American Red Cro9e at Maypo[t is sponsoring Franzen Hros. Cltcus at Atlantic . Beach on ISarch 24 and 25 vi th per[ormancea at 2:00 and 4:30 p.m. on both days. Rath performance rill last approximately 90 mi notes. Arrangements have been made to use the rot orned Dy Jacksonville Shipyards, Inc. on Nayport Road at Nest 4th ; Street. The Atlantic Beach CSty counefl approved the request for the circus at the council meeting on December 11, 1989. ' On December 33 preliminary work vac sta Red on routing a st[eet through the center of the shipyard lot. Also a sizeable amount of earth has been stockpiled ' on the southrest corner of the lot (from the Section H project) rhich further reduces the apace for the circus. ' The only other land in Atlantic Beach rich adequate apace Eor a circus is the Jack Russell Park. I have spoken with N[e. Blanchazd concerning the use of a ', portion of the park on 1larch 24 and 25 and she indicated that it could be fit together with the other aetivi ti ea planned for those dates. I would like to point out that this rill be the second year for our circus. The 1989 event vac veil-received Dy the Heaches/Mayport audience that attended. IL brought for the first time the joys of a real ci rcue under a big top to many children and quite a few adults. Sincerely, lS.LLI,,a,_,Q (~".~~ Hemard C. Boletad I. Tel. 246-5243 or 1395 5 (~ c. To acquire, construct, extend, enlarge, remodel, repair, improve, or maintain on• or more convention centers, stadiums, exhibition balls, aregas, coliseums, auditoriums, lifaauard ^tation baseball ^ef ball field, or nark for recreation. 8actlon Z. This act shall take efLect immediately upon baaosinq a law. COD2NG: Words underlined ere edditionsJ words in eiruek-lhreagh type are deletions from existing law. . rl y.. ~: i; f,: . ,_ A HILL TO B8 BNTITLED AN ACT RELATING TO CONVENTION DEVELOPMENT TAXEBJ AMENDING 9EC. 212.0305 F.B.) PROVIDING FOR ADDITIONAL U98 OF PROC8ED8 COLLECTED THEREUNDER! PROVIDING AN HFFECTIVB DATE, 88 IT ENACTED BY THE LEGIBLATURB OF 1LDRIDAs Saotion 1. Paragraph (n)~.o. of subsection (a) of Section 212.0105, Plorida Btatutss, 1988 supplement is emended to reeds Section 212.0305 Convention development taxes! lntentl edminlstrstionJ authorlsationt us• of proceeds... (a) Authorlsation to levy! use of proceedsi other requlremenYs. (a) consolidated government levy !or oonvsntion development. 3. Ail consolidated county oonvsntion development moneys, including any interest accrued thereon, received by a county imposing the levy shall be used a^ follows: PASSED by the City Commission of Atlantic Beach, Floride, this day of February, 1990. NAURREN KING City Clerk Approv as to Eorm and correctness: N C. JEN ESQUIRE City At[o WILLIAM I. CULLIPORD, JR. Mayor, Presiding O£f icer RESOLDTIOM 90-3 A RESOLUTION OF THE CITY OF ATLANTIC BEACH URGING PASSAGE OP AMENDMENTS TO SEC. 212.0305, FLORIDA STATUTES, TO PROVIDE FOR ADDITIONAL USES OF CONVENTION DEVELOPMENT TAX ('BED TAX"). AGREEING ON LANGUAGE OF PROPOSED AMENDMENTS, PROVIDING AN EFFECTIVE DATE. WtlEREAS, it is recognized by the City Commission of the City of Atlantic Beach, Florida, that the purposes for vhich the Convention Development Tax authorized in Sec. 212.0305, Florida Statutes, commonly referred to as the "Bed Tax", cen be used is very limited and WHEREAS, the City Commission supports certain proposed amendments to Sec. 212.0305, Florida Statutes, providing for additional uses of proceeds collected thereunder, and WHEREAS, attached hereto is a copy of a proposed Bill proposing such amendments to Sec. 212.0305, Florida Scatute s. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, as follows: Section 1. The City Commission unanimously favors passage by the State Legiela ture of amendments to Sec. 212.0305, Florida Statutes, to provide for additional uses of proceeds collected under the Convention Development Tax ("Bed Tax'), and unanimously agrees rith the language as set forth in the proposed Bill, a copy of which is attached hereto. Section 2. A copy of this Resolution shall be forthr ith delivered co ell cembers of the Duval County Legislative Delegation. Section 3. This Resolution shall take effect immediately upon its finTpassage and adoption. yR a - xna.l •:c .`.'ec_ t: __r..e .._ ecccpa.cen 2 . 7:::. _.. .... ... _ c` :he 5]:e and s'.all weep in :cll :xre anc e`_:ec: ac ..__ own e>:pe:ae a P.ome:wne:s lia c•. fix; insu:ance pe'_icy, wish a cini mum c: 51 DD, D00 in personal liabi Lxy and grope: :y damace coveraoe, and s1a11 hc'.d T9£ SCt:00L 806RD harmless from anyliabili:y `or injuries incc:red by anyone while on Ota:DF.'S premises c: designa :ed space o: for any action by the OF: t:LR pursuant to this ao: eemenx. x copy of the insurance policy must be furnished the Security Division with a provision fo: thir:y (30) days novice :o them by the insurance company prior to cancellation. iN t¢ZTN:SS NR~R~OF, the parties hereto have caused th.s ::: agreement :o be ere cu :ed on the day and year st above wr:t:e" ~.ttest. ~dc~- L ry en e, Sup intendent 2.^.. D.f1Ci0 crEttry• ]•-vat Coo-.y Sc^ool 3oard Duval County School 3oard sy Stan Jordan, Chairman -____ _ rove-. ~~ ~n ~is:a:.t Coon_el .~, i ~, 12. OWNER shall maintain a log of activity on forms Drovfded by [he Security Division, and shall submit such completed forms to the School Principal, on the first and fifteenth of each month during the tens of this agreement. OWNER shall sign and verify all information contained in each form. Completed forms are to be returned to the Security Division by the schooi for a permanent record of the OWNER'S activities. -- - 13. OWNER shall allow THE SCHOOL 80ARD at its discretion and expense to install an intrusion alarm monitor 1n the OWNER'S mobile home, which will allow the OWNER to detect unseen intruders and notify appropriate authority az provided in Paragraph 10. }4. It is expressly agreed and understood by the parties hereto that this agreement is entered into as a part of a program for the express purpose of reducing vandalism on school property, and that this agreement ry be terminated by either party upon delivering written notice of said termination to the other party, but in no event shall said termination be effective until thirty (30) days after the delivery of said notice to the other party. The Superintendent shall have the express Dower to terminate this agreement on behalf of THE SCHOOL BOARD. 15. Either party nay terminate this agreement in the manner provided in Paragraph 14 above at any tine, and said termination shall be at the sole discretion of the party terminating, and no cause for said termination shall De required. j 16. OWNER shall be responsible for the proper licensing of the mobile home, and shall install and maintain proper tie-downs as required by Florida law, and the City of ,lacksonvilte. An inspection will be made after twenty-one (21) days to verify compliance with the tie-down ~ regulations. 17. OWNER shall conduct himself, and shall require his family and others who are on the premises with his consent to conduct them- . 'selves in a manner that does rot disturb or interrupt any school function or activity, ar disturb the surrounding residents, nor act in any way that would cons titdtea breach of the peace, a violation of the law, or could be construed as an immoral act. i `. .:\ 4. Except as hereinafter provided, any and all expenses and/or liability incurred in moving OWNER'S mobile home to or from the designated space, blocking, or maintaining said mobile home shall be the responsibility of the OWNER, and OWNER shall hold THE SCHOOL BOARD harmless for the same. 5. OWNER shall locate his mobile honk on the designated space, and shall maintain the same as his residence with his family. OWNER shall give at least twelve (12) hour advance notice to the Principal. of the school and School Security of any absence of twenty-four or more consecutive hours. In the event that the OWNER fafls to give such advance notice of absence, the OWNER'S mobile home may be considered abandoned property and subject to removal from the above school site and OWNER shall bear all cost related to such removal. 6. OWNER shall not keep any pets, install any outbuildings, or construct any permanent improvements on said space, except as agreed to in advance in writing by the School Principal, Assistant Superin- tendent of Facilities and the Security Director. 7. OWNER shall be responsible for maintaining the mobile home and designated space, together with any improvements thereon, in a clean, orderly and sanitary condition at all times. Owner shall install skirting of his choice around said mobile home. 8. OWNER shall not operate or maintain on the premises, any business ar commercial venture, but shall only use the same as a single family residence. OWNER shall not "tie in" or connect ahy addttional electric lines to the electric service pole arced by THE SCHOOL BOARD. 9. OWNER shall, at his expense, have installed and maintain in his mobile home, a telephone in his name, and shalt furnish the Security Division and the School Principal with the number of such telephone. 10. OWNER shall keep a watchful eye on the school site and buildings, and shall inmediately report by telephone any trespassers to the proper taw enforcement agency and to the School Principal or his designee. 11. OWNER shall make a security check to verify proper closing and Locking of all exterior doors and windows at the school site at Least once every twenty-four (24) hours. Security check shalt be made during the time the building is not occupied 6y students or school staff. Family members of owner are not authorized to make security checks. - ti ~: . ,,,<< „~~''_ AGREEMENT THIS AGREEMENT made and entered into this 19th day of ~ecemher 19 89 , by and between THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, hereinafter called "THE SCHOOL BOARD," and Robert . sardine hereinafter called 'OWNER," WITNESSETH: WHEREAS, vandalism of the public schools of Duval County, Florida, has become an ever Increasing major probiem, and WHEREAS, THE SCHOOL 80ARD has determined and does hereby determine that the locating on school grounds of a family living in a mobile home; as set forth in the Program adopted on April 2, 1973 by THE SCHOOL BOARD, 15 desirous as a detrimert to vandalism, and WHEREAS, OWNER is desirous of locating his mobile home and living on the Atlantic Beach Elem. it65 school site. '. NOW, THEREFORE, far and in consideration of the mutual agreements, covenants, terms, and conditions contained herein, it is expressly stipulated, understood, agreed, and convenanted by and between the parties hereto as follows: 1. THE SCHOOL BOARD shall provide a spate on the Atlantic Beach Elem. #65 school site on which OWNER shalt locate his mobile home. Said space shalt be designated by the Superintendent ar his designee. 2. THE SCHOOL BOARD shall, at its expense, prepare said space to include site leveling and preparation, installation of all utility lines and hook-ups and provide maintenance and repair for utilities up to the Doint of connection to the mobile home. 3. THE SCHOOL BOARD shall furnish water, sewer, propane gas, and electrical servf ces to OWNER for his mobile home at the school site at THE SCHOOL BOARD'S expense. e BOARD MEMBERS Sun J«dan Ra„^a+ Don auc:Jey V.otni-^a+ Dr. atl aosworVi 'Ir•NNI P. lblmes. Jr Dr. Samuel P. NasGR Jack Naorey goy Parker ary L Zan Me. Etl D -0n nge~geT. O' SOp45 Duval County Public Schools February 5, 1990 city Manager City of Atlantic Beach 716 Ocean Boulevard Atlantic Heach, FL 32233 Dear Sir: Please consider this letter a request to place an ilea on the agenda of the February 12, 1990, City Council meeting regarding a request to place a security mobile home on our property at Atlantic Beach Elementary School. No. 65. The Duval County School Board, owner of said property, implemented a program on April 2, 1973, to place security personnel on school grounds in a permanent living arrangement in order to provide 24-hour security. This program is beneficial in reducing the amount of vandalism committed at our schools in that the security officer is able to keep a watchful eye on the school site and buildings, as well as the immediate neighborhood. An Atlantic Beach police officer and his family will be residing in the mobile Rome. It is my understanding that the City has already obtained a copy of the Board's agreement with this police officer, which spells out the specific duties and requirements of the officer. Thank you in advance for your consideration of this matter, and please feel free to contact me at 390-2111 if you have any further questions. Sincerely, U.~,~e. -,~,,,/L~~ Vicki R. Reynolds Liaison for Legal Affairs VRR:bsc 1701 Prudrnii:R Ilri.'c Jark~~m~i11r- Florida ?2?07 !'M.t1 i'NI-?0011 ,,,~,- , , CITY OF ATLANTIC OEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request by Duval County Schaal Board for a ^uecurity Mobile Hove at tM Atlmtie BeaeA Elepntary School SUBMITTED BY: Rene' Angers, Covaunity Derelopwent Coordlnetor DATE: FeDruery 12, 1990 BACKGROUND: In order to curb randalisv, the Dural County School Board established a prograv to allot police officers and their faeillvs to occupy • aobile hoves on schooi property in exchange for providing security to the school. I understand the propru has barn sucussfui throughout Dural County and tMt such progress currently exist at several of the beaches schools. An Atlantic Beseh police officer has entered into sn agreevent rith the Duval County School Berard for such en arrsnpevent. Unfortunately, neither the School Board nor the policy officer checked the Atlantic Beech ordinances prior to voting the mobile have onto school property. A atop cork order rya placed on the voDile hove Dy the Coda Enforuvent Officer on January 29, 1990. Our City Attorney hay advised thst enabling legislation exists under Section 21-166 of the Code of Ordinsnus rhich states •A sobile hove very be placrd on public property rithin the city for the purpose of protecting such property rhm approved by the city cavaiasion during a regular wrotinp, and providing that all other sections of this chapter are vet shun applicable to the locstion.• RECOMMENDATION: ATTACNNENTS: stiffen Requnt troy Duval County School Board Apreevent betreen Dural County School Board end Robert K. Herding REVIEVED BY CITY MANAGER: AGENDA ITEM ND._ 3A____ ~~ Minutes of Coal Setting Sessim January 27, 1990 The session ended at 3:20 Ai and a omplete report of the day's dCtlVltle6 and the lidiVldual goa18 16 heillg prepared ~' the Qty Manager acd will he attached hereto and made a part henaof. Maureen King, City Clerk 1 MIIiIIIS GF TBS (~N. ~ Sl4?SION CF '198 KIIAtlriC B01CH CI1Y ~QSa^IOTI ~I17 AT 9:00 M4 Oli S1119I8»Y. 27. 1990 M' Ti PAfBfS ATD Ie~Z(17 CPFICE IN Ib7~I. 1?A14C Present were Mayor Culliford and Oamiissioners mok, Edwards, Tucker aid Weldon. Also present were City Manager Ieinbach aid City Clerk Kiig. The City Manager opened the goal setting session ad explained its purpose was to discuss policy direction, to identify critical problem areas aid to set goals, both short aid long rarx3e, aid to establish priorities. Be camerxed bf having the getup do a brief exercise to daronstrate that thinking together as a group produces better results than individuals thinking aid acr;.,g separately. He then outlined the functions of the City Commission, City Manager aid city staff and asked if the City Camussion agreed with his assessments. Brief discussion took place regarduxJ the budget and the City Manager explained that he would like depar4nent heads to sulmit their budgets according to their needs. The City Maziager would review the budgets aid make his reoamrndations and the budget would be submitted to the Caimission in its uncut foam. Department heads would be invited to the budget meetings to explain their reeds aid justify their budgets. At this time the City Manager asked the Commissioners to visualize haw they world like the city to be in the year 2000 and present general goals they felt the city should work toward. the following goals were presented: 1. Maintain the attributes of the ~~m;ty (that brwght our citizens here in the first place . 2. Keep Atlantic Beach a badman comninity 3. Keep Atlantic Beach residential in reture (cisrnnt status) 4. Recreational facilities -maintain aid inpzove 5. Keep up with infrastructure - eauamity~vide - 6. Cooperation/mutual help among the three beach oatmmitiea 7. Educate our citizens in all areas relating to the operation and manage~rnt of the city 8. Maximize the oa~mmiity's image tru'ax)h baautificati.en 9. ts,wa..,n the desirability of Atlantic Beach as an enQloyer 10. Aoq'uire land, as ecommically feasible, for the city 11. Maintain the integrity of the ocean front aid the ability of our citizens to amens same 12. 7fie City 4amdssion and staff equally represent aid serve AiL areas aid citizens of the city 13. Every city service pays for itself The City Manager sx3gested taking the Nonissiaers on a tour of the city facilities to better acquaint then with the functions aid problems of each aid they agreed this would be a good idea. The Conmdssioners were that aslud to present individual goals they would like to see amrnplishe9 within the next two or throe years. Thirty goals were presented and then rated acmrdug to priority. F f_ } PA(0; NINE MIIiIRFS JT@A R 22, 1990 ~y~ n,tt; ie~t said he had been of the opinion the OepartoeTlt of _ Natural F1e~ was the entity responsible for pmtectia~ of the dimes, but this was apparently rot being done. aid the City Attorney was instructed to draft an ordinance relative to dare protection. ibe Mayuc also reported bids would be received on January 23, 1990 for the ca~struction of a new city hall acd he felt it Mould be appropriate to hold a public hearing at the mxt meeting to hear citizen input. ffi Mayor also reported that Barry Iityal had give=r him a printout of all futd 6alanoes, both restricted and unrestricted and asked that copies be circulated to all Caimissiorers. There being ro further business to cue before the Camussion, the Mayor declared the meeting adjourned at 8:55 1M. William I. (#illifard Mayor/Presidi;g Officer ATTEST: Maureen King, City Clerk NAME OF Cp~g. M S V Y y N .-. PAGE EIGHT NINNIES JANl141t1L 22, 1990 7Sne (1ty Attorney solicited the wishes of the Comdssion ~regazding the Sixteenth Street beach access. He said the matter was at a standstill and to resolve the matter in the marueer suggested by Mr. Blackard mould be extremely expensive. The Mayor asked that all information on this matter be given to Oaemissiorer Weldon for his review and that the matter be placed on the agenda for the rext meeting. Or~iafer Clnk presented on behalf of Judy Hewlett, an information brochure relative to the work of the Youth of the Beadres Art Build (YBAGI, and said "A Night of Broadway" featuring Shirley Jones and over ore hundred cast meters frra, past YF1AG profinctions in a musical review of past Broadyray hits would he perfoneed at the Florida Theatre on August 4, 1990. -He said YBAG was hoping to raise funds for the establishment of a scholarship to ]x awarded annually to a deserving cast member. fie said Ms. Hewlett was soliciting a donation of 51,000 fran the city. ltrtim: Ap4zove oentributdon of 41,000 ib YBAG In discussion before the mote the Mayor said he did rot feel this was an appropriate expenditure of public funds since YBAG was rot a function of our cpverrmeent. The question was called and the motion ;gag ,manimm,cly deflated. po_issinorr Onlc repeated at a recent meeting of the Northeast Florida league of Cities he had discussed with Nep. Crady of the Duval legislative Delegation, the subject of the bed tax and the limitations Placed on the spending of those fords. Fie said Bep. Crady felt he could possibly get a slut variation of the law approved for Duval County if Baldwin and the three beach cities all agrced to the clangs. Bed tax monies can currently "be used to acquire, construct, extrnd, enlarge, renodel, repair, inQrove or maintain ore or more oanvention centers, stadiure, exhibition falls, arenas, oolisemc and auditoriums. The City Attorney of Neptune Beach had suggested adding the phrase 'lifeguard statue. baseball/ soft6i11 field or park for recreation." Cannissiorer Cook suggested drafting a resolution naquesting a clangs of the law to reflect this. Mayor (;tnlliford said he would like to add "o~craeity center° to the list ]wt was advised this would have to be agreed to by all cities imrol~ed. The City Attorney was instructed to draft a resolutiar requesting this charu}e. D~iasimer 7ltdoer repm•!ed on the meeting of the Census Canemittee. She said the oonmittee was trying to do e~erythinng possible to pronote the census and requested that a proclamation Ue passed prarotirg Census Awareness week. Jade 13oalcs expressed disapproval of the recent appoin5mnt of a trJda Fhforcemst DfflOer. fie Wda adVlaed th15 was an a.tni nietratlVe matter and should he discussed with the City Manager. NAME OF CpM~, M S V Y V N Wok z z ~rde z iVr~ z fieldat z z pLl; _frmi x : PAGE SEVF21 MINU7FS JANOAIC( 22, 1990 F. Prvpoead deviatime frQ tl~e azdixw~oe Qeatlltg the Fleet Ianditg Planned Otit Develop~+t Ilse' Augers) A representative of the Haskell ~nY explained the question of aanership of a 1.7 acre parcel had row been resolved and it appeared the developers o.7t this lard and they Planned to incorporate it into their site plan by relocating a maintenance building, a club house, tennis and shuffle board courts and an electrical substation, and by adding a parking area for recreational vehicles. Motim: I~f$r to the O®mity Ileuelr;tteat Board fot xev3ew+ and xecotemdatim No discussion before the mote. the motion carried urwiimously. G. Prette:..~,y plat appcwal - Hlock 214, Section H INerre' Attgers) A request had bcen received fr® Dan Mayti to allow the platting of his property on Block 214, Section H, into three building lots. ibtion: HeSei tri ttie Q~nity ttnewtr.~o..t Ixrard fat zeviev atd rec~dat+.+, No discussion before the mote. The motion cazried unaninously. 8. Clty Manager Reports and/or Oazesponda~ce the City Manager announced the goal-setting session bed been sct`aduled for Saturday, January 27, 1990, and mould be held at the Parks and Recreation office in Russell Park. 9. Mayor to call m City Qmissiarss, City Atta»y, and City Clerk- A. Report by the C11.y z~'*^*^~;~ relative to Sea SYUGIe Hotel's intact to teat hotel xaome on a weekly basis Mr. Jenaen oonfir,ad that each of the Comnissioners had received a coP~' of his proposed response to the Sea 7lutle. Mayor (itlliford requested in lieu of the letter, that he and the City Att.orrey be authorized tv meet with the Sea 11n-tlz manar~er to a; ~.« this and any other problem thEy dean necessary. Since ro ane expressed arty objections, the City Attorney vas instructed to arrarge the meeting. !~. JaiBa1 said he had been in touch with J.E.A. regarding recent cvrQlaints regarding tree trimnitg atd had provided than with a copy of the recently enacted tree protection ordinance. lie said he would report further on this when he had more infonmtion. NAME OF COMMAS. M S V Y V N Cbok z H3iarde x x 1ltdoer z i~]don x x ~,ttir.,s,a z Qtak x B3sxds z x itxiws z x Ileldm z n,tti F,n.t x PAGE SZX MINOl£S JANUAFOC 22, 1990 1fie Mayor explained ruder the provision of the Florida Statute two public heazings on this request for amendrent would be required. Fie opened the floor for a public hearing arcl invited mments Eras the audience. J.C. Green, 2233 Semirole Hoed. said he had ro opposition to the Proposal but ircluircd why the change had been requested. Mike Akel, representative for the developers, said the charge was singly to make the lots larger and more attractive to prospective buyers. Since ro ore else spoke for or against the proposal, the Mayor declared the public hearing closed and amiau~d fiml actin would he made after the second public hearing which would he .held on February 12, 1990. " lbtim: Apprvue amt subject to final public haanng on 1?vbc'uazy 12, 1990 No further discussion. The motion carried „^~^;^Y+~aly. D. >3apoae r,rd;.,a„„e t0 incra~ee haodicapped Parlan9 fines fro 150.00 to ;250.00 (mief 17zepem) Chief ltxn¢uon reported he had received requests fras Cauiciluan Jarboe aId the Beaches Couroil for the Disabled to increase the fin for unlawful parking in spaces designated for the handicapped to 5250.00 tc be mnforneroe with the fires in Duval County. FFe said it was also taped the funds mould be dispersed in such a manner so as world berefit the handicapped. After brief discussion, the City Attorney was requested m draft an ordinance to increase the fire to 3250.00 E. Appt;~at;,.. for oa~~.w to tAe Septia igrnk ~ratorim - BLxic fig, co,•t:,., H Illene• Angers) An application had been received fran Fticfiard Johnson to install a septic tank ai his property on the miner of Stocks aId west Sixth Streets in Section H, until such time as the public sewer system is available. Mrtien: Apfsoue var; a^,o fts ilretallatim of septic task on oarditim Mr. Jdnevt ,Y.....•ra m the public sYs6~ rbm it beco.es av~~~;~. Mayor Gulliford explained that where variaroes to the septic talc moratorium were granted, the Property carers would be required to mmtiect to the public systan when it becares available; tnwever, residents who had septic tanks Prior to the noratozi~ mould rot be required to hook up to the public system as long as those septic tanks functiored properly. lfie question was called arcl the lotion was unanimwuly approved. NAME OF CON0.41.S. M S V Y V N pock z x Edwards z x iudoer x deldou x ~,tl; e,.,; x molt x Edwards : x ~ x Weldon : z nn;; A~,t z PAGE FIVE MSNVIES JANUARi 22, 1990 J.C. Green, 2233 Seninole IYiad, read a prepared stataoent expaessing sane concerns regarding the validity of Contract Quality Developnents, copy of which is attached hereto aid wads a part hereof. Since ro ore else spoke for or against the ordinaroe the Mayor declared the public hearing closed aid anro+mced the next public hearing on the matter mould be held on ft'bruary 12, 1990. ~. New Busirwss: A. BonC~idatim f0t Becrmtim AdvisotY ~~. appoirrtees being Alice Riddrdsai, Itotuld Fegan, Jeff Crao•, David 11u~r, Gerard tiesmey, Hain' Batts, aid Itidiard M7w t4ttim: Apprvue appoitidents to the Baezeatian Advisory Beard in aooou<dai~oe with the rmo~tiQis of the Barks and BacrBatian M,+~~-r.,r too discussion before the vote. The motion carried unanimously. B. pisatasim aid related action proposing Heasettt, Rostock i Rtd®tn to desicyt a lot aid black gradiTg Plan for Sectiat H in an amuit rot to exceed ;24,500 aid m review iidivitktal a,wat,.,~..,t of lots dit a unit basis of ;60 eaCll Don RsWftn of Bessent Hamnack 6 Rickman, explained the iirprovenents in Section H had been designed for a flood plane of elevation six. The lot and block grading plan would provide a grading master plan for the Section H area after the street improva~ents Mee been cmPleted and would be useful to the Building Department in deteaainiiy what the elevation of each iidividual lot would Mve to be when issuing building permits. Some lots which are larlying would *e;•,; re considerable filling. Nr. FG~dm~an said they would adjust driveways up or down as required to the level of the road. ikJflot: Attth+,'i~ BPB9att, Hatsscic a< liXi~il ZD tit'&ign a lot atld block igading plan for StsTlm H in an atomt not m eaoeed (24.500 aid to rtvier t..n;vidual lots at a snit cost of ;60 saris m be drzrgad m the iffiividral psoperty otn~s t>pm dp,ml~ Caimissioner 1ltcker inquired who would pay for this plan and was advised the ;24,500 world be paid for free the Section H Eroding aid the ;60 would be paid by each property owner upon developoent of the Property. It was explained assessments would not be affected by this ~axge since the assessmmtr were for water aid sewer aid the city was ftoidiag the paving and Arwinarn, C. I?ublic hearug an a proposal for an asadsait to a mot- T aunt for ]aid in Ocean 'Bnra~ /a re3tce dateity f'roa fourteat lots m ttielve lots NAME OF COAQ.p~, M S V Y V N mdc a H~Lards a x ittdoer x Neldon z x OdtiRwd x Oxik x x 1~L7iB X ittdoer z Neldm : x p,t t i eat z PAGE EWR i MIN[7145 JANOACA 22, 1990 Cameiia Streets. It would also be necessary to relocate the sewage InnQing station to the vicinity of the intersection of Camelia and West Fbulteenth Streess, relocate the stormwater management system fran rest to east on Main Street and modify other drainage and sewer a:d water in the vicinity to accamndate the relocation. It would be necessary to amn; ro a parcel of land approximately 50 x 50 ft. rear the intersection of Camelia a:d West Fourteenth Streets tv relocate the sewage pu~i:g station. He said these changes would represent a savings of approximately 556,000. ' Comni.ssimer 1ltcker itquired what action would be taken when _ building penniss were requested for the cvl-de-sac area on Jasmine : atd Camelia Streets, a:d the City Manager said it would be his reanxesdation variances be approved since the city had decided to defer the paving. Notim: Appcvue the xec~aidat;... of the engineers to delete paving and drainage on Ja®ine and ['-a,t;p Streets south of ifest 14th St.; reroute rater and se`cr facilities th srrvire existittq lines on Jas~~ i caeet;a; rntn,~ha p~~ etatim to ~tersertm of ~et;a and fist 14th Streets; .et,,,.,.ro tle stotmster systeo fxoa rest m east of !l-airt Stxtaet; atd modify other drainage and serer atd rater in the vicinity to ac®odate the rat,.-ter;.., No discussion before the wte. 1fie motion carried „runimv,sly, 5. Besoltttirne• A_ liPSOlutirn •NO. 90-2 CreatSR] the ~tim Advisory Board (Parks i Aacttjar;.., Dir. Bose 67anr~azd) Mayor (#tlliford presented in full, in writing Pesolution No. 90-2 A AE~ffPIQY C;®tl" lNG 7>$ AWI901CC Pl'ANIiBG BD11BD. - Ikttim: Apptvue passage of Besolutian No. 90-2 do discussion before the wte. 1fie motion carried unanitmusly. Ms. Blarchard introduoad those members of the Advisory Recreation Board who were in attetdarre. 6. Action on ONinmxxis: A. Ordinance Nb. 90-89-148 - PubLSc hearing A9 OIDIIiI[RS OP '!>~ Ci1Y DP Aa]1N'PIC BWILB AQ~PIPI AND APPR001lC I)1lO ~VHORHif Pf18i AND P1~i1L b~IIT11D ffi AS®, I18:., AND CHm17P POIt ffiVFldB~l' Q+ 1188) III 'J>$ CIIY OP 11~11N'1'IC HPJI®: P1OVIDIli: AN BPPEClIVE O11'l8 Criffany by the sea) Mayor Oallifozd reported this ordinance had received first reading at the Last meeting, atd utder State Statute, must have tw public hearitgs. Fie opened the floor for a public hewing and invited caoomss fran the audience. NAME Or' COMMAS. M S V Y V N Oxtk x B3iaxda x x 11trJoer x raldoo x x Fi t~ t;r.,..t x Cbdc x BdYards z x 1ltclori x f~ldrn x x ra+tt;rn.rt x PAGE 14QrF1: AIIN[IiFS JANUARY 22, 1990 Old Business: B. Final appcvrel of 7evis Suhdivisirn replat for Sam Natexs (Bale' mlgeral (7~loen out of sequaioe) Attorney Paul Fakir said the replat would caffomn to the three adjoining lots and would allow foz conformity within the neighborhood. Notirn: Approve final plat ald ,...tl.~+.~i~ the Nayar ald ©erk to sign - No discussion before the wte. 1fie notion carried unanvmusly Cavnissioner 1UCker inquired whether an easeoent world be granted to the city for the drainage ditch at the east aide of the property. Mr. Fakir said he would have the appropriate docuoent prepared. A. DiaNSSion ald related acorn m trees in Sectirn H Don ILlclamn of Bessent, Nax[mck i RucJmun ildieated on a imp an area on Nest Ninth Street between Jasmine atd Camelia where several large trees were located in the rightbf~my. He said it would be their - recunmlxiation that no inprnvetrents be made in this area ald that the street be left unpaved atd allow the trees to remain. However, he said to provide the services to the property owners on Jasmine Street and honor the rules of the St. Johns River Water Ma`agmrnt District regarding drainage, it was their remmeldation the trees on Jasnil~e should be roved. He said, even if the trees were left, Fe awld not guarantee flat they would survive since many of the roots would have to he cot to lay the water and sewer pipes.: In - the event the city decided to leave this pp,-r;,., of Jasmine unpaved, he felt at a later date the residents would petition the city for paving. Mayor (illlifoffi recavnended wntacting the zesidents on Jasmine Street atd advise them of the options available to the city and also invite th® to attend the next crnmission meeting at which time a final decision on the matter would be made. Hvxver, he said whether or not the city decided to hold off rn paving atd drainage, he asked that they be allowed to proceed with the water and sewer service in that area. FUtim: Do not Esovide aly ispxov®ta tD Nest Math Street babies Jaeern aid Camelia Streets NO further d15CnaaiDn. 'llle IIDti071 Cdrried ,manimm.aly, Mr. ia1C1¢mn further explained the engineers had discovered sane unsuitable material in the area of Jasmine aid Camelia Streets in the vicinity where the stornwater detentirn pond was planned. He said it was his opinion ramval of this material would be cost prohibitive a,d it was his rem¢mrdation the plans should be nodified to delete paving and drainage ai Jasmine aid Camlia Streets south of West tburteenth Street and x+eroute water a`d sewer service to provide service to the ext ar; ng }woes on Jasnine and NA4~ OF COMI.61S. M S V Y V N mok x H~rda x x i7~dmr x Neldon i a (i~l lifrml x mok a z Hilmrds z 4ndmr x Nebilon x x (lulliivtd a PAGE 7VA M]N[71F.i ' JANUACb' 22, 1990 3. Rztsatt Agenda: std JadcsmAille Baadl jointly A, 1rlrM;r Barb, Naptrzte Beams, declarltq PIPIlr118ry 1990 a9 s,.rri..ao H1Strxy Math B. Diswssinn and re]ative scrim to appoint s®besa tb fill vacancies m tl+e Ct>®mih' Developsatt Board std mda H15oc~tt Board (Mawr 6•lliF,••t) C. tree ootmertratim Board appoittt~tts Mayor gtlliford offered the names of Kathy ILlasell std (Pegg !h('aulie for reappointment to the Oaana+ity Dewlopn:nt Board. He said Mr. Strayve had resigned fran the Code IItforeso?nt Board std offered in txmination, to fill that vacant seat, the llallle of Mary Lyle F~rzy. tle said he had been +mable to cmtact Herbert lbller wd+ose term had expired, and before filling that seat he said he would like to see if M[. Moller would be willing to serve for a further three years if reappointed. He requested that Item C be withdrawn fran the Consent Agenda to be acted upon separately. lbtim: AppcoVe Ittams A i B of the Cmseltt Agetda No discussion before the wte. The motion cazried ++n~*+;++++++~ly. ~eatt Agetda Itea C Mayor GUlliford offezed ten names for consideration hY the mm+ission, as follavs: i~te Mabry, John Otto, Jim l~lke, Sandy Sheppard, Peggy Correlius, Carolyn Woods, Deaaad Waters, Lynn Md9anus, 7t7n Burns all Don Wolfsm. He said he perceived a problen where anyone rxmitvated was currently serving m another city board. After brief discussim, Crnmissioner Cbok offered the following notion: lbt3m: MosUlate Jis Pelf. mrolyn Mlods and Detsmd Waters ho the Ttee Oon9etvatim Boazd far t2rcae-yea tPms std Satdy ~~ a~ P~I9Y (}srpl i„e for trto yea tares, acrd Iarry Figart as an ez ofScio sues No discussion before the wte. The motion carried unanimously. A brief discussion then tmk place regarding hvr peldug applications would be handled std it was felt a temporary hoard should be appointed to handle these until the new board could be cwstituted. Maim: Appoint Ct:issliart Weldon, Draold Waters, Jody pb¢d. Aa+e' Augers std Hmada Dodv'xy tb act as a telgJOi'drY tree OOfIBeNatim hoard with DP~d Waters to act as rilair~ No discussion before the wte. The motion carried ,+^~~;^•+,=ly. NAIL OF COtA+B13. M 5 V Y V N Oodc z x Hdstsds z x Ptdoer z ifeldalt x gilliirml x CUa1c x x Bdstxds x 11zia'r x Mellon z x n.ll ifrad x Otdc z x Edwards x 1lziws x x Weldon x q,77ifexA x !@i0'1>~ GY 'l>$ RBQIIAR NgSI.1NG Q ~ AT1AN1'IC BF/1® C11Y @F !lTSSION ~[D AT CITY BAiL QI NLi1O1Y, JANWRIC 22, 1990 AT 7:15 PM PRESFSlf: William I. Gulliford, Mayor Robert B. Cook, Sr. Glenn A. Frlwards Adelaide R. Tucker, and Sohn w. Weldon, Commissioners ADD: Kim D. leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Gulliford. 17:e invocation, offered by Commissioner Cook, was folloMed by the pledge to the flag. 1 Awavral of the IDin:tes of the zBWlar ~+' of Janary 8 1990 and the ~:.+.. of the ~ittee of tl:e F>bole Jam:azy 10 1990 Moticn: Apfaoue mirs:tes of the roguLar meting of January 8, 1990 t7o discussion before the wre. the notion carried ..~~~+ sly. Mot:rnc ]Iplxoue mi:x:4es of the meting of the o®itlee of the whole of Jam:ary 10, 1990 No discussion before the wte. The motion carried ~~+~++;^^~~~ly. The mayor also called for approval of the minutes of the oonmittee of the whole regarding the Fbrderr+ocd Expressway held at the Jacksonville Beach Cnm~mity Center on Wednesday, January 17, 1990. tt:tim: Algvue ~vu6es of the meting of the c~itbee of the MnLe of Jantar}• 17, 1990 Zn discussion before the wte Comoissio[rs Cook expressed disappointment at the lack of :adia coverage of the event. The question was called and the minutes were unaninously approved. 2. AamcFUtion of visit~s- Della Kornig, 780 I~dfin Drive, oonplimented the citrzans of Atlantic Beach on their representation at the :meeting, a:d also ornplimented the speakers, particularly Admiral Gavin, on their fire p°rformances. Mayor Oulliford read a letter he had received fran Joan M. lbney complimenting city enployee John Brain for assistance he had given then on his off-duty hours during the Christmas freeze. ME OF COMl~41S. M O T 1 O N S E C O N D V O T E D Y E S V O T E D N O O.:ok a x Btlerds a Txjo~ x x iteldon x gitlifmri x Qnlc x F}Lazds x x '11~dter x ileLdm x x n,r:;r...t x CCulc x x Bdwacds x x 71rJaer z ueldon x (bl l i fr,..i a cIn or ATLAKrIC BESCa RH~OLAe Mg6[IHG, ltllmAY PHBImARI l2, 1990 Call [o order Invocation and pledge [o the flag 1. Approval of the minutes of the regular meeting of January 22, 1990 and goal setting session minutes of January 27, 1990. 2. Yecognltion of Visitors: 3. Appearmeea: A, Duval School Board requesting approval to park mobile home on Atlantic Beach Elementary School property B. Robert Hines regarding Cloisters Condominium proposed change of access 4. Reaolutloae: A. Resolution i90-3 to provide for additional uses of Convention Development Tax (Had Tez) (City A[[orney Alan Jensen) 5. Item Bueimees: A. Public hearing to receive citizen Input regarding the proposal for a new city hall ~ B. Approval of American Red Croee sponsored circus (which has i previously been approved to be held March 24 and 25, 1990) to move its location to Russell Park (Mr. Bolatad, American Aed Cross) - C. Change Order for Section H culverts under driveways i 6. Conmeat Agenda: , A. Approval of a proclamation regarding April as Pazllamentary Emphasis Month -~ B. Approval for Knights of Columbus to hold a fund drive 7. old Buaineas: A. Discussion and related action [o trees in Section H (Hm. Howell) B. Public hearing on a proposal for an amendment to a developer agreement for land Sn Ocean ie rrate to reduce density from fourteen lots to twelve lore (Rene' Angara Community Dev. Dir.) C. DFSCUasiwn and related action regarding 16th Street Beach access (City A[[orney Alan Jensen/City Manager Kim Leinbach) 8. Aetion w Ordl~aces: A. Final reading and public hearing of Ordinance t90-89-148 accepting and approving lend development plan and proposal known as 7lffany by the Sea, sumitted by ASHCO, Inc. and certain conditions for develpment of land in the City of Atlantic Beach (Rene' Angers, Com:nity Development Director) B. Introduction and fire[ reading of Ordinance -75-90-8 to increase violation fines from S50 Co 5250 when parking in handicapped areas. (Police Chief David Thompson) 9. Ciq Meaager reports sad/or Correspaademee: 10. Mmyor to cell w Ci[) Com~lesloaera, City Attorney and City Clerk: A. Report by [he City A[[orney relative to Sea Turtle Hotel's intent Co rent hotel rooms on a weekly basis. 8. Report by City A[[orney relative to dune protection. Adjournment FEBRUtiRY ucrcrto s. br@..uo. ~