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02-12-90 v CITY OF ATLANTIC BEACH REGULAR MEETING, MONDAY FEBRUARY 12, 1990 Call to order Invocation and pledge to 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. Recognition of Visitors: 3. Appearances: 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. Resolutions: A. Resolution #90-3 to provide for additional uses of Convention Development Tax (Bed Tax) (City Attorney Alan Jensen) 5. New Business: A. Public hearing to receive citizen input regarding the proposal for a new city hall B. Approval of American Red Cross sponsored circus (which has previously been approved to be held March 24 and 25, 1990) to move its location to Russell Park (Mr. Bolstad, American Red Cross) C. Change Order for Section H culverts under driveways 6. Consent Agenda: A. Approval of a proclamation regarding April as Parliamentary Emphasis Month B. Approval for Knights of Columbus to hold a fund drive 7. Old Business: A. Discussion and related action to trees in Section H (Wm. Howell) B. Public hearing on a proposal for an amendment to a developer agreement for land in Ocean Terrace to reduce density from fourteen lots to twelve lots (Rene' Angers Community Dev. Dir.) C. Discussion and related action regarding 16th Street Beach access (City Attorney Alan Jensen/City Manager Kim Leinbach) 8. Action on Ordinances: A. Final reading and public hearing of Ordinance #90-89-148 accepting and approving land development plan and proposal known as Tiffany by the Sea, sumitted by ASHCO, Inc. and certain conditions for develpment of land in the City of Atlantic Beach (Rene' Angers, Community Development Director) B. Introduction and first reading of Ordinance #75-90-8 to increase violation fines from $50 to $250 when parking in handicapped areas. (Police Chief David Thompson) 9. City Manager Reports and/or Correspondence: 10. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report by the City Attorney relative to Sea Turtle Hotel's intent to rent hotel rooms on a weekly basis. B. Report by City Attorney relative to dune protection. Adjournment MIND ES OF THE REGULAR MEETING OF THE MANTIC BEACH CITY (IN- V V MISSION HELD AT CITY HALL ON MONDAY, FEBRUARY 12, 1990, AT 7:15 PM O O T T PRESENT: William I. Gulliford, Mayor E E Robert B. Cook, Sr. D D Glenn A. Edwards Adelaide R. Tucker, and John W. Weldon, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of January 22, 1990 Cook x Edwards x x Motion: Approve minutes of the regular meeting of January 8, Tucker x 1990 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Ttems 5C and 7A were taken out of sequence and acted upon at this time. 5C. Change Order for Section H culverts under driveways Don Ruckman, of Bessent, Hammack & Ruckman, said many of the driveways were not paved or in some cases, even identifiable. The plans provided for replacing all driveways which had culverts, which he said would be in the neighborhood of 200 culverts. He said a unit price of $11.00 per foot had been established and he recommended a cap of $50,000 for the replacement of all culverts. Authorization of this change order would provide for payment to the contractor as the culverts were replaced and Mr. Ruckman said the contractor would provide a list of the culverts installed and the length of each one before requesting payment. Cook x x Motion: Approve Change order in an amount not to exceed Edwards x x $50,000 for the purpose of culvert installation in Tucker x Section H Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 7A. Discussion and related action to trees in Section H Mr. Ruckman 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 would be necessary to remove three or four trees and pointed out the trees which could possibly be saved. However, he said the area was heavily wooded and the removal of the trees would not adversely affect the wooded character of the neighborhood. PAGE TWO V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. MSYN Mr. Ruckman explained if an additional ten feet of right-of-way could be 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 matter and were invited to attend the meeting and were given an opportunity to express their wishes. Mr. Charles Sharon, 820 West 14th Street, inquired whether any adjustment would be made in assessments to property owners in areas where the trees had been removed and the unsuitable fill material had made it impossible to pave the streets. The Mayor explained that the engineers were not aware of the existence of the fill material until the work was under way. The City Manager was asked to place the matter on the agenda for the next meeting so it could be discussed in depth. Jane Scanlon, 630 Jasmine Street asked for clarification as to what areas of Jasmine Street would not be paved and Mr. Ruckman 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 Lewis, 780 Jasmine Street, said she favored removing the trees where necessary so the paving could be completed. Cook x x Notion: Authorize engineers to proceed in accordance with Edwards x their recommendation to move the road if possible, Tucker x and take out minimal number of trees and pave Jasmine Weldon x x Street Culliford x No further discussion. The motion carried unanimously. The Mayor suggested Mr. Williams and Mr. Hanna, property-owners, get with Mr. Howell and Mr. Ruckman to work out the details and report back at the next meeting. Billy Howell, said the contractor needed to proceed with work as soon as possible so they could move the equipment to another job and he asked that the City Commission authorize him and Mr. Ruckman to get with Mr. Williams and work out the details and proceed with the work. Cook x Notion: Based on the preceding conversation, authorize Mr. Edwards x Howell, Mr. Buckman and the property owners to work Tucker x x out the details to their satisfaction and proceed Weldon x x accordingly Gulliford x No further discussion. The motion carried unanimously. 2. Recognition of Visitors: [s. Charlotte Minter of Community Presbyterian Church, presented a letter on behalf of the church Board of Trustees requesting PAGE THREE V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. M S Y N permission to extend a 6-foot, wooden, privacy fence across approximately 50 feet of city-owned land at the former right-of-way . of David Avenue so as to abut the 6-foot chain link fence surrounding Atlantic Beach Elementary School. Cook x !t tion: Authorize Community Presbyterian Church to install Edwards x x fence as requested subject to removal at the Tucker x x discretion of the city, at the expense of the church Weldon x GUlliford x No discussion before the vote. The motion carried unanimously. Ms. Della Koenig, 780 Redfin Drive, asked if a stop sign could be installed where Publix parking lot exits onto Royal Palm Drive. The City Manager was asked to check into this and report back. 3. Appearances: A. Duval County School Board requesting approval to park a mobile home on Atlantic Beach Elementary School property Ms. Vicky Reynolds of Duval County School Board, explained the school board had initiated a program whereby, in return for providing security services for the school, a police officer was allowed to live in a mobile home on school property. The program has been successful and Atlantic Beach Elementary School wishes to have a police 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 requested approval to place a mobile home on their grounds. Clyde King, 270 Poinsettia Street, said he did not object to the mobile home but felt a better location could have been selected. Terry Downs, 198 Sylvan Drive, also had no objection to the mobile home but said the school grounds have not 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 were positive. Dorothy Kerber, 365 First Street, said an officer residing in the area would provide additional security for neighboring residents as well as the school, but agreed sane attention should be given to beautification. After further discussion, Ms. Reynolds said the school board would provide privacy fencing and beautification acceptable to the city. Motion: Approve residential mobile hone on Atlantic Beach Cook x Elementary School grounds for security purposes, Edwards x subject to landscaping and fencing by the school Tucker x x board acceptable to the city Weldon x x Gulliford x 2anmissioner Weldon questioned whether the present location of the _nobile hone was the most desirable and Officer Harding said the grounds had been inspected and that location selected by school PAPE FOUR V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. M S Y N board personnel. Ms. Reynolds said this location was convenient for connection to water and sewer lines. The question was called and . the motion carried unanimously. B. Robert Hines regarding Cloisters Condominium tun proposed change of access Mr. Hines said he opposed the Cloisters' proposal to change the access to the condominium and Mayor Gulliford said the City Commission had not taken any action on the matter when it came before them in 1986. The project had been built as a PUD in 1973 and in order for the City Commission to grant the request to change the accesses, it would be necessary to amend the PUD by ordinance and the request to go through the Community Development Board. Roger Kjar, Property Manager for the Cloisters, said they had experienced some vandalism and had some concerns about security and felt that closing off the Tenth Strect entrance and opening onto Club Drive instead would provide for better safety and privacy for the residents. Butch Toney, 855 Club Drive, said the new entrance would be only a few feet frau his driveway and he felt the proposed change would present a safety problem for his family. Discussion ensued regarding whether the current zoning was PUD or RG3 and this is to be researched before the next meeting when the matter will again be placed on the agenda. 4. Resolutions: Resolution No. 90-3: A RESOLUTION OF THE CITY OF ATrANrTC BEACH URGING PASSAGE OF ANTS TO SEC. 212.0305, FLORIDA STATUTES, TO PROVIDE FOR ADDITIONAL TEES OF CONVENTION DEVELOPMENT TAX, ("BED TAX") , AGREEING ON LANGUAGE OF PROPOSED AMENDMENTS, PROVIDING EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Resolution No. 90-3. Cook x x Edwards x x Motion: Approve passage of Resolution No. 90-3 Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 5. New Business: A. Public hearing to receive citizen input regarding the proposal for a new City Hall Tan McNett of Clements, Rumple Goodwin, Architects for the project, said bids had been received and the low bid of $875,000 from Adcox Construction included the complete project including the commission chambers, covered walkways, etc. Mr. McNett said he had reviewed the bid and recommended acceptance. He also recommended a meeting with the contractor so any problems which had existed in the construction of the Public Safety Building could be addressed before the City Hall project was commenced. PAGE FIVE V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. M S Y N Mayor Gulliford outlined the options open to the city and explained the studies which had been done. He said he felt the city had three . options: 1) remodel the present building; 2) build a new City Hall; or 3) do nothing. He outlined some facts which he felt were pertinent: 1) 40% increase in population in Atlantic Beach since 1983; 2) Atlantic Beach would continue to grow through development or possible annexation; 3) space restrictions have caused employees who should be located at City Hall to be at remote locations; 4) the construction of a new City Hall would not impact the financial operation of water, sewer or sanitation operations; 5) the proposed site offered a better geographical location; 6) the old City Hall would be developed as a community center or other acceptable purpose with the use of Bed Tax funds; 7) The project could be accomplished in phases with the office space being constructed first as this was the most urgent need; and 8) the building could be constructed without any additional tax burden on the citizens. He opened the floor for a public hearing and invited comments from the audience. Norm Worsley, 1907 Creekside Circle, suggested remodeling the current building and adding a second story and William McGee, 1830 Selva Marina Drive, agreed with the concept of remodeling the current building and said the present commission chambers could be used as office space and a new commission chambers built as an extension of the present building. Jim Wheatley, 2008 Selva Madera 2ourt, agreed additional space was needed but felt the city needed to exercise more fiscal restraint. Roger Steinem, 239 Seminole Road and Ray Magley, 250 Seminole Road were also opposed the construction of a new building. Edward Ash, 1707 Park Terrace West, said he had some expertise in construction, particularly in the area of renovation, and in his opinion, remodeling of the old building would not be wise expenditure. Others who spoke in favor of constructing the new city hall were Dezmond Waters, 1835 Seminole Road; Ruth Gregg, 905 Sailfish Drive; Mattie Freeman, 860 Amberjack Lane; J.C. Green, 2233 Seminole Road; and Barbara Bonner, 483 Selva Lakes Circle. Ernie Mastroianni, Duval County Property Appraiser, said his department had recently moved to a new building and the improved conditions had had a positive affect on both the attitude and efficiency of his personnel. After everyone had had an opportunity to speak to the matter, the Mayor declared the public hearing closed. Brief discussion ensued relative to financing and Mayor Gulliford explained money had already been borrowed and interest earned was Treater than the payments made on the loan. He said the city was in a position to pay cash for the office portion of the building, but this did not appear to be the prudent course to take. Commissioner PAGE SIX V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. MSYN Weldon inquired whether a budget had been prepared for furnishings for the new building and was advised this had been included in a handout which Mr. Royal had provided this evening. Cook x x Edwards x x Notion: Proceed with the construction of the new City Hall at Tucker x a cost of $875,554 Weldon x Gulliford x Based on figures provided by the Finance Director, Commissioner Cook said the payments on the new City Hall would represent three-tenths of one mill but that payments would be made from the one-half percent sales tax monies refunded by the state. The question was called and on roll-call vote, was approved 3-2 with Commissioners Tucker and Weldon voting nay. 5B. Approval of American Red Cross sponsored circus (which had previously been approved to be held March 24 and 25, 1990) to move its location to Russell Park Bernie Bolstad of the American Red Cross explained in connection with the Section H improvements, a road had been cut through the Jacksonville Shipyard parking lot, the proposed site for the Red Cross Circus, rendering it now unsuitable for the circus. He requested permission to relocate the circus to Russell Park. Cook x x Notion: Authorize the circus in Russell Park on March 24 and Edwards x 25, 1990 subject to appropriate protection for the Tucker x city Weldon x x Gulliford x Discussion ensued relative to the noise and it was explained no complaints had been received in the past regarding the noise from the circus. It was further explained the performances would not be held in the evening hours. 6. Consent Agenda: A. Approval of a proclamation regarding ng April as Parliamentary Emphasis Month B. Approval for Knights of Columbus to hold a fund drive (at intersection of Atlantic Boulevard and Royal Palms Drive) Cook x x Edwards x x Notion: Approve passage of Consent Agenda Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 7. Old Business: B. Public hearing on a proposal for an amendment to a developer agreement for land in Ocean Terrace to reduce density from fourteen lots to twelve lots > z > -- MOC >4 >4 > IXXXX X X 2 X E X oa o .4,1° zU A 1 i ,§ m 0 rd v '-I v b b • b >s v v o cn • v U) •4-1 0 0 4-1 o41 N g N o o 3 .co O N 01 0 r•-I 0 N N 0 0w N CT) U -P +� •fir .°,- 'd +� v +� rdci; -,-1 g 4--) t U � O -H rti b2 4j ov N rO � Ub � nrg 3.4 -P 4-) � �cA v b �� Oe 90 i ?) ts' I 148 .4 u) g ..-1 Rs Oro rd •0 kd , Cn 0 Zvg0�, -H ° 4w 0 �S� l 0 it • -HU g ogi () � 0 0 0 0 rtf O� v �49 o ¢' o w x > •H4J - v v U) U Civ• `c1)) 2 g rd `'2S (�d � o -P N H •�r-I 3 �• 1CA 4� CC-1 4.4 v $ R. v v N v ral °U f^k-I g O d 4-1L-1O m v U u) lzp • N U O r I «f 4� d N R vU) O 4J i U) v !-� 'd .71)1 a) F� +� a o + pa •H , 0 o W d U) H 3 3 ok a0i c v ' It- a) O, v 3U) U) co° � u�i0 +° H vU � N .� O › b N rti O 0 F rO 0 W O O v '� trq+ v z3 m v v 0 v ° � 0 .P U 0 0 -O ,� u� C •O W -P ( 4 v W g 0 r[f U PU N br °U 4Jr� O PI lir-, S-I �+ O Ti •,••1 4- r� 0 0 0 O �G CA +� ri `.+4 v U �O .0 b is 4a U rd 4k U1 (d 1 O U O m $ R1 b �+� cdA •H175 .i v b) 3 m � +� O ami � � -I 0i 3 1 • U ,_ +S 0 C� g 3 v •r-1 I 'Z3 4J 4 U) v U 40rU R m 4 v m rn m b H 't f-1 ..g N HH C "• O 40) P v s~ O O S-1 31 cA N co O cn •• r0 -H rI v N UI $a r0 4 0 • ,,) a 4 °i (c)) a) 0 g > •,-1 4-) g E ts)Oro '� b aroi o +� ui a rn Uz� ani 0) o rd xl I a 2 ui -� a 6g4 � ° ° � ° 8 �' 2,� ° - 3 � � baa z j PAGE EIGHT V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. M S Y N 8. Action on Ordinances: A. Ordinance No. 90-89-148 - Public Hearing AN ORDINANCE OF THE CITY OF AT ANTIC BEACH ACCEPTING AND APPROVING LAND DEVELOPMENT PLAN AND PROPOSAL SUBMITTED BY AMIGO, INC., AND THE CITY OF MANTIC BEACH; PROVIDING AN EFFECTIVE DATE (Tiffany by the Sea) Mayor Gulliford presented in full, in writing Ordinance No. 90-89-149 on final reading. Said ordinance was posted and advertised in accordance the requirements of Florida Statutes. The Mayor opened the floor for a public hearing and invited comments from the audience. J.C. Green, 2233 Seminole Road, asked whether it would be fair for the Commission to take final action on the ordinance since all the documents specified in Section 3 of the ordinance had not been presented to the Commission until late that evening. Edward Ash of Ashco, said he was anxious to proceed with the project and asked the Commission to consider approval contingent upon subsequent review of the covenants, conditions, and restrictions which had been submitted just that evening. The Commissioners felt they needed time to review the documents and also felt any citizen who wished to examine them should have an opportunity to do so. Edwards x Motion: Continue public hearing and take final action at the Tucker x x next mating Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Ordinance No. 75-90-8 - First reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 21, TRAFFIC AND NOTOR VEHICLES, ADDING UNDER SEC, 21-17(7) SUBPARAGRAPHS (a) , (b) AND (c) , TO INCREASE THE FINE FOR UNAUTHORIZED PARKING IN DISABLED PARKING SPACES TO TWO HUNDRED FIFTY DOLLARS ($250.00) , ESTABLISHING A FORMULA FOR THE DISTRIBUTION OF ALL FINES COLLECTED FOR VIOLATION OF SUCH SECTION, PROVIDING AN EFFECTIVE DATE Edwards x x Notion: Pass ordinance on first reading and set public Tucker x hearing for February 26, 1990 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 9. City Manager Reports and/or Correspondence The City Manager referred to a copy of a letter from Gee and Jenson regarding the status of the Comprehensive Plan. He said the plan had to be submitted to the Department of Community Affairs by April 1, 1990 and a workshop on the matter was scheduled for March 8, 1990. • PAGE NINE V V MINUTES NAME OF FEBRUARY 12, 1990 COMMRS. MSYN 10. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report by the City Attorney relative to Sea Turtle Hotel's intent to rent hotel roams on a weekly basis. Mr. Jensen said he had been unable to arrange a meeting between the hotel's management, the Mayor and himself but would continue to work on that. B. Report by City Attorney relative to dune protection Mr. Jensen provided each Commissioner with a copy of the most recent amendments to Chapter 161 of the Florida Statutes on this subject. He said the city could enact legislation which would have to be approved by the DNR if it so desired. Mr. Jensen said it would be necessary for the Commission to approve a resolution authorizing him to act on behalf of the city in the legal matters which had been discussed earlier. He was authorized to prepare the resolution for action at the next meeting. At the request of Commissioner Cook, Commissioner Tucker presented a petition requesting the installation of a four-way stop sign at the intersection of Pine Street and Seaspray. This was referred to ?olice Chief Thompson to review and report back. Commissioner Tucker also reported the Census Bureau still needed more employees to help with the census and encouraged anyone who was interested to contact the Census Bureau. Mayor Gulliford reported on the recent meeting of the solid waste committee and said the committee hoped to expand the recycling and planned to introduce volumetric charging for garbage collection. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 10:00 PM. /I 7------------ '1 / a /)\ Wi liam I. Gullifor r Mayor/Presiding 0-fl ATTE ST: Maure n King, Cit Cler • at PETITION We, the undersigned residents of Atlantic Beach, request that four-way stop signs be placed at the intersection of Pine Street and Seaspray Street in Atlantic Beach. Automobile traffic moves too fast on Seaspray between Seminole Road and the Atlantic Beach Elementary School despite the placement of unenforceable information bearing signs (No Through Traffic, Watch For Children, etc. ) . There is an increasing number of small children who live and play in this area. There are few sidewalks and we believe that these stop signs are essential for the protection of the children. k. iY _ ADD - S GN, - 4/-1-r . . . J . I . - ' ,efavinwonw P� . • • -i /i T ., i III: : . . 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