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11-10-86 v AGENDA CITY OF ATLANTIC BEACH November 10, 1986 Call to Order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of October 27, 1986. 2. Recognition of Visitors 3. Action on recommendation by Smith and Gillespie Engineers to approve Change Order No. 1 in the amount of $16,800.00 on the T.V. and sealing project in connection with the City's sewage collection system 4. City Commission action to accept for maintenance the extension of Cutlass Drive from the Royal Palm subdivision into the Aquatic Gardens subdivision 5. Authorization for the City Manager to contact federal, state and local agencies to advise of the results of the annexation election 6. Approval of a budget adjustment transferring the City's budgeted share of a FRDAP grant to the Parks and Recreation Department 7. Action by the City Commission on a request of the developers of Selva Lakes for final plat approval of Phase 2 of the Selva Lakes development, and authorization for the Mayor and Clerk to execute the plat 8. Action on Resolutions: A. Adoption of Resolution No. 86-25 authorizing the transfer of bond No. R-2 from the Atlantic National Bank to Southeast Bank of Jacksonville 9. Action on Exceptions: A. Public hearing on an application for exception filed by Arthur Desroches for a contractor's office at 1280 Tulip Street in an RS2 zoning district, with no outside storage B. Public hearing and action by the City Commission on an appli- cation for exception for Roger Joseph for a contractor's office with no outside storage in a CG zoning district at 462 - 468 Sturdivant C. Public hearing and action by the City Commission on an appli- cation by Marcus Prom for exception for a contractor's office in a residence at 1398 Main Street in an RS2 zoning district, with no outside storage 10. Action on Ordinances: A. Introduction of Ordinance No. 90-86-112 amending the zoning atlas to cover the areas known as North Seminole Beach and Oceanwalk, and rezoning those areas from RGA and RGC to RG2 and RG3, and from RSE to RS1 , and setting a public hearing for December 8, 1986 B. Introduction of Ordinance No. 80-86-33 providing a deposit for the testing of water meters; providing if the meter tests within two percent accuracy the deposit will be forfeited to the City as a charge to defray the cost of meter testing, and setting of a public hearing for November 24, 1986 C. Introduction of Ordinance No. 65-86-12 closing and vacating Violet Street running from the West Plaza drainage ditch south a distance of 320 feet, and setting of a public hearing for November 24, 1986 D. Introduction of Ordinance No. 65-86-13 closing and vacating the south end of Belvedere Street approximately 150 feet long, and setting of a public hearing for November 24, 1986 E. Further discussion on Ordinance No. 90-86-103 relative to the creation of a Special Use district in the western portions of Section H 11. Action by the City Commission to adopt Personnel Rules and Regu- lations of the City of Atlantic Beach amended and modified as of October 1 , 1986. 12. Discussion by the City Commission on the desirability and feasibil- ity of authorizing the Cloisters Condominiums to close off the entrance to the complex on Tenth Street, and open the entrance to the complex on Club Drive. 13. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- V V MISSION HELD AT CITY HALL ON NOVEMBER 10, 1986 AT 7:15 P.M. O O T T PRESENT: William S. Howell, Mayor-Commissioner E E Glenn A. Edwards D D William I. Gulliford, Jr. John W. Morris, Jr. , Commissioners M S O E AND: Richard E. Fellows, City Manager T C Claude L. Mullis, City Attorney I O Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of October 27, 1986 Motion: The minutes of the meeting of October 27, 1986 be approved Cook x as presented. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * ;: * * * * * * * * * * * * Howell x 2. Recognition of Visitors - none 3. Action on recommendation by Smith and Gillespie Engineers to approve ;hange Order No. 1 in the amount of $16,800.00 on the T.V. and sealing project in connection with the City's sewage collection system Commissioner Edwards commented the change order was to seal the inside of 45 manholes. Smith & Gillespie Engineers had left the item off until the lines had been cleaned and the manholes inspected. The project was an addition to the contract, but was a budgeted item if needed. Motion: Approve Smith and Gillespie Engineers Change Order no. 1 in Cook x the amount of $16,800.00 on the T.V. and sealing project Edwards x x to seal 45 manholes. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. City Commission action to accept for maintenance the extension of Cutlass Drive from the Royal Palms subdivision into the Aquatic Gardens Subdivision Mr. Fellows reported he had received a maintenance bond in the way of an irrevocable letter of credit in the amount of $76,000.00 that was good for one year from November 10,1986, and he recommended acceptance. Motion: Accept for maintenance the extension of Cutlass Drive from Cook x x the Royal Palms subdivision into the Aquatic Gardens Sub- Edwards x x division. Gulliford x Morris x Mr. Braid reported he had inspected the extension of Cutlass Drive Howell x and recommended approval. The question was called and the motion carried unanimously. PAGE TWO V V MINUTES NAME OF NOVEMBER 10, 1986 COMMRS. M S Y N 5. Authorization for the City Manager to contact federal, state and local agencies to advise of the results of the annexation election There being no objections from the Commission, the City Manager will contact federal, state and local agencies to advise the results of the annexation election. 6. Approval of a budget adjustment transferring the City's budgeted share of a FRDAP grant to the Parks and Recreation Department Mayor Howell presented in full, in writing Resolution No. 86-26, a Resolution providing for a budget transfer of matching funds budgeted in the FRDAP fund to the General Fund, Parks and Recreation Dept. Motion: Passage of Resolution No. 86-26. Cook x Edwards x x No discussion before the vote. Motion carried unanimously. Gulliford x Morris x x • * * * * * * * * * * * * * * :; * * * * * * * * * * * * * * * Howell x 7. Action by the City Commission on a request of the developers of Selva Lakes for final plat approval of Phase 2 of the Selva Lakes development, and authorization for the Mayor and Clerk to execute he plat. Mr. Fellows advised he was in receipt of an irrevocable letter of credit in the amount of $232,000. to guarantee the improvements of Phase 2 of the Selva Lakes development, and he recommended approval. Motion: Approval of the final plat of Phase 2 of Selva Lakes. Cook x The Mayor and City Clerk be authorized to sign on behalf Edwards x x of the city. Gulliford x ' x Morris x Commissioner Cook asked the City Manager to make sure the developers Howell x did not forget to design the attractive bus-stop they had agreed to furnish for children waiting for school buses. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * 8. Action on Resolutions: A. Resolution No. 86-25. Mayor Howell presented in full, in writing, Resolution No. 86-25, a Resolution authorizing the transfer of bond No. R-2 from the Atlantic National Bank to Southeast Bank of Jacksonville, in the face amount of $873,600.00. Motion: Passage of Resolution No. 86-25. Cook x x Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x PAGE THREE V V MINUTES NAME OF NOVEMBER 10,1986 COMMRS. MSYN 9. Action no Exceptions: A. Public Hearing on an application for exception by Arthur Desroches Mayor Howell announced the Advisory Planning Board had considered the application by Arthur Desroches for a contractor's office at 1280 Tulip St. in an RS2 zoning district and recommended approval, subject to no outside storage. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Approve the application of Mr. Arthur Desroches for a Use Cook x x by Exception for a contractor's office at 1280 Tulip St. Edwards x subject to no outside storage. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Public Hearing on an application for exception by Roger Joseph Mayor Howell announced the Advisory Planning Board had considered the application by Roger Joseph and recommended approval for him to operate a contractor's office with no outside storage in a CG zoning district Lt 462-468 Sturdivant. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Approve the application for a Use by Exception filed by Cook x Roger Joseph to operate a contractor's office at 462-468 Edwards x x Sturdivant, subject to no outside storage. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * .. * * * * * * * * * * * * * * * * .. C. Public Hearing on an application for exception by Marcus Prom Mayor Howell announced the recommendation from the Advisory Planning Board was that the application be denied. Mr. Prom had requested a Use by Exception for a contractor's office in a residence at 1398 Main St. in an RS2 zoning district, with no outside storage. The Board stated Mr. Prom did not live at 1398 Main St. and therefore could not have a home occupation. Mr. Prom had offered to move into the house if the request was approved. Mr. Fellows noted the Board had also discussed the fact the intersection was very narrow at that location. The street would be improved during the master plan implementation, but was not suitable for more than one car to navigate that corner at the present time. Mrs. Ruth Gregg reported that Mr. Prom also desired to operate a Real Estate office. The Mayor opened the floor for a Public Hearing Lnd invited comments from the audience. Mr. Charles Sharron, 820 West 14th St. objected to any office that would bring in extra traffic unless Mr. Prom was willing to put in adequate parking space on Main St. As no one else spoke for or against, the Mayor declared the Public Hearing closed. PAGE FOUR V V MINUTES NAME OF NOVEMBER 10, 1986 COMMRS. M S Y N 9. C. Continued Public Hearing for a Use by Exception Motion: Deny the request by Marcus Prom for a Use by Exception Cook x for a contractor's office in a residence at 1398 Main Edwards x x Street in an RS2 zoning district. Gulliford x x Morris x Following discussion, the question was called and the motion carried Howell x unanimously. 10. Action on Ordinances: A. Introduction of Ordinance No. 90-86-112 AN ORDINANCE AMENDING THE ZONING ATLAS OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE THE AREA KNOWN AS SEMINOLE BEACH FROM RGA AND RGC TO RG2 AND RG3; PROVIDING FOR THE REZONING OF THE AREA KNOWN AS OCEANWALK FROM RSE TO RS1; PROVIDING FOR THE EXTENSION THERETO OF ALL OF THE • REQUIRED SETBACKS AND HEIGHT LIMITATIONS AS CURRENTLY PROVIDED FOR IN CHAPTER 24, THE ATLANTIC BEACH COMPREHENSIVE ZONING ORDINANCE; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-86-112 on 'irst reading. Motion: Passage of Ordinance No. 90-86-112 on first reading. Cook x x Edwards x x Commissioner Cook said the effective date should be changed to January 1, 1987. The Ordinance as presented read "shall take effect upon its adoption". Commission agreed. Mayor Howell expressed concern over some of the designations. He suggested the zone classification from 16th to 18th St. be RS-2 and Blocks 61 and 62 RG-2. Substitute Motion: Reflect an amendment to the zoning map to Gulliford x show from 16th to 18th St. would be offered as RS-2. Cook x From the northerly line of 18th St.and encompass Blocks 61 and 62 to be zoned RG-2. From the northerly line of Blk 63 to the northerly boundary line of Lot Recorded in Official Records Book 5555 Page 2173, Official Records of Duval Co. to be zoned RS-2. Cook x No discussion before the vote. Substitute motion carried unanimously. Edwards x Gulliford x Morris x Mayor Howell set the Public Hearing for December 8, 1986. Howell x * * * * * * * * * * * zt * * * * ,. * * :: * * * * * * ., * * * B. Introduction of Ordinance No. 80-86-33 ON ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-23 TO PROVIDE FOR TESTING OF METERS; PROVIDING FOR CHARGES; PROVIDING AN EFFECTIVE DATE. PAGE FIVE V V MINUTES NAME OF NOVEMBER 10, 1986 COMMRS. MS Y N Action on Ordinances - continued B Mayor Howell presented in full, in writing Ordinance No. 80-86-33 on first reading. Motion: Passage of Ordinance No. 80-86-33 on first reading. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Mayor Howell set the Public Hearing for November 24, 1986. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Introduction of Ordinance No. 65-86-12 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA CLOSING, VACATING AND ABANDONING A PORTION OF VIOLET STREET, MORE PARTICULARLY HEREINAFTEZ DESCRIBED; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65-86-12 on first reading. Motion: Passage of Ordinance No. 65-86-12 on first reading. Cook x x Edwards x Gulliford x rollowing discussion, the question was called and the motion carried Morris x x unanimously. Mayor Howell set the Public hearing for November 24, 1986. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Introduction of Ordinance No. 65-86-13 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF BELVEDERE STREET, MORE PARTICULARLY HERIN- AFTER DESCRIBED, RESERVING UNTO THE CITY A PERPETUAL EASEMENT FOR CERTAIN PURPOSES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65-86-13 on first reading. Motion: Passage of Ordinance No. 65-86-13 on first reading. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Mayor Morris x Howell set the Public Hearing for November 24, 1986. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. Further discussion on Ordinance No. 90-86-103 relative to the creation of a Special Use District in the western portions of Section H N ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, LORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, TO ESTABLISH A SINGLE DISTRICT; PROVIDING AN EFFECTIVE DATE. PAGE SIX V V MINUTES NAME OF NOVEMBER 10,1986 COMMRS. M S Y N Action on Ordinances - continued E. Mayor Howell announced the following changes incorporated at the last meeting: Blocks 139 and 143 which abutted Tulip St. on the west were originally included in the Ordinance, and they had been withdrawn. Anything on those lots would have to be pulled back to the west side of Tulip St. Everything would be cleared from Block 110 and that block would revert back to residential zoning. Nothing would be on Block 120 (not owned by Mr. Dagley) . Mr. Dagley would construct a privacy fence on West 6th St. which would encompass Blocks 117 and 118 along West 6th St. Motion: Passage of Ordinance No. 90-86-103 on final reading Edwards x Morris x Commissioner Gulliford commented he was going to vote in opposition to the motion, not anything to do with the personalities involved, not any recognition of one person's privilege or position over another, but felt it was a poor way to attempt to settle a condition that existed now that was brought about years ago by individual/s irresponsible to a condition that existed. He said the Commission was establishing a precedence for some type of exception for a sin that was committed some Years back, and he was very opposed to the approach. bllowing discussion, the question was called and the motion Cook x carried with a four to one vote. Commissioner Gulliford voted nay. Edwards x Gulliford x Morris x * * * * * x * * * * * * * * x * * * * * * * * * * * * * Howell x 11. Action by the City Commission to adopt Personnel Rules and Regu- lations of the City of Atlantic Beach amended and modified as of October 1, 1986. Item 11 deferred until the next meeting. 12.Discussion by the City Commission on the desirability and feasibility of authorizing the Cloisters Condominiums to close off the entrance to the complex on Tenth Street, and open the entrance to the complex on Club Drive. Marsha Dorsey, Treasurer of the Cloister Condominium complex, informed the Commission there were several reasons why they wanted to change the entrance, . 1) Tenth St. was a traffic safety hazard; 2.)Tenth St. was a public access to the beach, and uninvited people use their property for parking and also swim in their pool. 3.) They had to pay a lot for security to try and prevent the situation. They planned major modifi- cations in landscaping soon and planned to install a wooden gate with a lock for emergency use at Tenth St. Following discussion, the Commission iad no objections as long as they did not close 10th St. permanently. Miscellaneous Commissioner Cook asked the City Attorney to prepare an Ordinance PAGE SEVEN V V MINUTES NAME OF NOVEMBER 10, 1986 COMMRS. MSYN Miscellaneous - continued changing the name of Garage Approach Drive to Beach Avenue effective January 1 , 1987. Mr. Mullis will have the Ordinance prepared for intro- duction at the next meeting. Commissioner Edwards urged everyone to observe Veterans Day on Tuesday, November 11th. Services will be held at Russell Park at 11:00 a.m. and at the cemetery in Atlantic Beach at 12:00 noon. Mayor Howell called for a Workshop Meeting for Tuesday, November 11th at 8:00 p.m. for further discussion on the volunteer fire department. There being no other business to come before the Commission, the .yor declared the meeting adjourned at 8:30 p.m. 17-7 ,o// // . i-A100 v.`, William S. Howell, Mayor ATTEST: Adelaide R.Tucker,City Clerk . Yaia (Tied 447 Jhictaliau<eactod i///cz,t t f each, Aveichr,12.2!) .S an,ce. feneen, November 18, 1986 004)2464500 Mr. Richard C. Fellows Atlantic Beach City Manager 716 Ocean Boulevard Atlantic Beach, Florida 32233 RE: Raymond L. Dagley Ordinance No. 90-86-103 Dear Richard: As a result of the passage of the above ordinance by the City Commission on November 10, 1986, Mr. Dagley will complete the following within a short period of time, no longer than ninety (90) days from November 10, 1986, to wit: 1. Remove all junk vehicles or other junk items from lots 5 and 6, block 162, Section H, and cease using those lots in anyform or fashion in connection with his business. I/ 2. Remove all junk vehicles or other junk items from blocks 110, 139, and 143, Section H, and cease using those blocks in any form or fashion in connection with his business. 3. Construct approximately 200' of privacy fence on the south side of West 6th Street, with approximately 100' going east from Begonia Street and approximately 100' going west from Begonia Street. Please let me know if there are any additionU thoughts you might have on this matter regarding any actions to be taken by Mr. Dagley. He would like to obtain an occupational license from the City, and I would appreciate you informing me of when he will be able to apply for and obtain such a license. Thank you very much for your continued cooperation in this matter, and I look forward to hearing from you in the very near future. Thank you very much. Very t my yours, Ala Jensen ACJ/sac cc: Raymond Dagley