Loading...
08-08-88 v CITY OF ATLANTIC BEACH REGULAR MEETING, AUGUST 8, 1988 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 25, 1988 2. Recognition of visitors 3. Bids Returnable: A. Receipt of bids for aerators for the sewage effluent pond and the Aquatic Gardens retaining basin 4. Appearances: A. Representatives of the proposed Fleet Landing Development presenting their applications for a change in the Atlantic Beach Comprehensive Plan to allow for the rezoning of property from Open Rural to Planned Unit Development, and introduction, first reading, and public hearing of Ordinance No. 90-88-135 to provide for the rezoning from Open Rural and Planned Unit Development to a total Planned Unit Development B. Peter Rumple of Clements, Rumple, Goodwin, D'Avi, presenting Part 2 of Phase I, the site plan evaluation and recommenda- tions relative to a proposed new City Hall 5. Committee Reports: A. Commissioner Cook with recommendations relative to committee evaluation of bids for the striping of certain streets in Atlantic Beach 6. Action by the City Commission to ratify purchase of $6,947.00 in chlorination equipment for the Buccaneer Water and Sewer District on an emergency basis 7. Appointment of a new member to the advisory recreation committee replacing Mary Kyle 8. Action on Ordinances: A. Ordinance 75-88-7 Introduction and first reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach, Florida, to adopt by reference Florida Statutes Chapter 705 and to further provide for the disposition of abandoned or derelict property on private property and setting of a public hearing for August 22, 1988 B. Ordinance 58-88-12 Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach, to increase the maximum amount of pension from 80% of the member's final average compensation to 100% C. Ordinance 90-88-132 Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach, to provide additional uses by exception in the Commercial Professional Offices district (CPO) D. Ordinance 90-88-143-134 Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach, amending Chapter 24 of the Comprehensive Zoning Ordinance to provide for changes in the uses by exception in the Commercial Limited (CL) district 9. Action on Exceptions: A. Public hearing on an application by Mr. Fred Lewis for an exception to operate an auto service store in a CL district at the M&L Shopping Center B. Public hearing on an application for exception filed by Jerry Kilen to operate a vacuum cleaner sales, repairs and furniture sales at 1221 Mayport Road C. Public hearing on an application for exception for a home occupation filed by J.E. Gipson to operate a painting and repair business out of his home at 825 Plaza 10. Action by the City Commission to authorize the City of Jacksonville Beach to proceed under the 201 contract with Smith and Gillespie to develope the Beaches Master Plan for Regional Sewer System. 11. Miscellaneous 12. Mayor to call on City Attorney, City Clerk, City Manager and City Commissioners for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V COMMISSION HELD AT CITY HALL ON AUGUST 8, 1988 AT 7:15 P.M. V V0 V 0 PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D William I. Gulliford, Jr. Alan C. Jensen, Commissioners M S AND: Richard C. Fellows, City Manager O E T C Daniel Livermore, Acting City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. NDSO ABSENT: Claude L. Mul1i�, City Attorney - Hilt of Town 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 July 25, 1988 Motion: Minutes of the regular meeting of July 25, 1988 be approved Cook x x as written. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * ;: * * * * * * * * * * * * * * * * Howell x 2.Recognition of Visitors - None fhe Mayor moved item 4 - Appearances (a) up on the agenda. 4. Appearances: A. Representatives of the proposed Fleet Landing Development presenting their applications for a change in the Atlantic Beach Comprehensive Plan to allow for the rezoning of property from Open Rural to Planned Unit Development, and introduction, first reading, and public hearing of Ordinance No.90-88-135. Mayor Howell opened the floor for a Public Hearing and recognized Mr. Ed Vandergriff, representative of the Haskell Co. ,developers of the pro- posed project. Mr. Vandergriff presented their project to the 132 residents in attendance. He asked for a change in zoning from low and medium density to Planned Unit Development. Fleet Landing was designed to be a maximum of 439 independent living units for retired military officers. There are three criteria one must meet to live there: 1.) you must be over 62 years old, 2.) must be capable of independent living, and 3.) must be able to pay the initiation fee and monthly service charge. It is owned by a not-for-profit corporation, but it will not be exempt from the tax rolls. The Community Development Board reviewed the project and recommended approval with the understanding the developers would reach a mutual agreement with the residents on Selva Marina Drive. The main entrance would be on Mayport Road, and the second entrance to be on Selva Marina Drive. Security guards would be stationed at both entrances. Current zoning is approximately 8 units per acre. The developers were proposing a maximum of 6.3 units per acre. There would be approximately 350 feet of natural buffer between Selva Marina Drive and the project. PAGE TWO V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. MSYN 4. Appearances - Fleet Landing continued Most of the residents present voiced their objections. They complained there would be a large increase in traffic on Selva Marina Drive, and expressed concern about the age of the drivers. Elderly people driving along Selva Marina Drive could be a safety hazard because of the trees and winding path of the road, and also children playing and bicycling. Roy Fouts said "the residents had only one opposition, and that was an access to Selva Marina Drive." Jim Wheatley said "We feel that the additional traffic there will affect the environment." Following discussion, Mayor Howell declared the Public Hearing closed. Mayor Howell presented in full, in writing Ordinance No. 90-88-135 on first reading. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND OWNED BY A. FREDRICK ADAMS, FRED A. ADAMS, JOHN SHEA, GEORGE HELOW; HELOW PROPERTIES, LTD. , WILLIAM BULL, JANE BULL AND HARCOURT BULL,III DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM OPEN RURAL (OR) AND PLANNED UNIT DEVELOPMENT (PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) ; PROVIDING AN EFFECTIVE DATE. Motion: Passage of Ordinance No. 90-88-135 on first reading. Cook x x Edwards x x Gulliford x During discussion before the vote, Mr.Fellows explained that follow- Jensen x ing the Public Hearing, the material would go to the Department of Howell x Community Affairs and following their review, and the review of other agencies, it would be returned to the City for a second public hearing and final reading of the Ordinance. Commissioner Gulliford suggested it be explained to the residents before the next Public Hearing how PUD works, as well as the fact that any developer that owned the parcel of land, could simply have the OR zoning changed to a residential zoning and go in and conform to our subdivision laws without having any real control exerted by the City Commission. The Developer could build a subdivision that would allow through streets from Mayport Rd.to Selva Marina Drive. The Commission would have virtually no control over it. The Commission agreed. The question was called and the motion carried unanimously. * * * * * * * * * * * ., .. * * * * * ,. * * * * * * * * * * * * At this point, Mayor Howell called for a five minute recess. The meeting was called back to order by Mayor Howell at 8:30 p.m. 3. Bids Returnable: A. Receipt of Bids for aerators for the sewage effluent pond and the Aquatic Gardens retaining basin PAGE THREE V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. MSYN 3. Bids Returnable - continued The following bids were received and opened: 1.The Lake Doctors, Inc. Grand total of both aerators $9,872.00 Alternate bid 1. 1,722.00 $11,594.00 2. North Florida Irrigation Equip. Grant total of both aerators $9,500.00 Alternate Bid 1.with lights 2,750.00 $12,250.00 Alternate bid without lights $2,200.00 Bid tabulation attached hereto and and made a part thereof. Motion: Refer bids to Committee. Mayor Howell appointed Cook x Commissioner Edwards to Chair the Committee. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * * * * * * * * * ;: * * * * * * * * * * * * * * * Howell x 4.B. Peter Rumple of Clements, Rumple, Goodwin, D'Avi, presenting Part 2 )f Phase I, the site plan evaluation and recommendations relative to a proposed new City Hall. Mr. Rumple offered renderings of the completed City Hall study of Phase I. The new building would span a lake created by enlarging the canal by constructing a dam close by. Estimated cost of the new building would be approximately $640,000 for 8,000 square feet. The size of the Com- mission Chambers was discussed at length and the suggestion was made the proposed size of the chambers should be increased. Following dis- cussion, Mayor Howell thanked Mr. Rumple for coming and advised him the matter would be discussed at the budget workshop meetings. He will be advised. 5. Committee Reports: A. Commissioner Cook with recommendations relative to committee evalu- ation of bids for the striping of certain streets in Atlantic Beach Commissioner Cook reported the Committee met and reviewed the two bids . After evaluation, the Committee recommended both bids be rejected and authorize purchase under the City of Jacksonville master bid for thermo- plastic for striping on Plaza and Seminole from U.S. Sealcoating, Inc. Motion: Reject all bids and the City purchase thermoplastic for the Cook x x striping of Seminole Road and Plaza from U.S. Sealcoating, Edwards x Inc. through the master bid with the City of Jacksonville Gulliford x x at 110 per l.f. for side lines and 122 per l.f. for center Jensen x lines, with the justification for the price increase being Howell x the greater length of time the thermoplastic would last as opposed to traffic paint. No discussion before the vote. Motion carried unanimously. ;e * * * * * * * * * * * * * * * * * * * * * * * * * * * * s; * PAGE FOUR V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. M S Y N 6. Action by the City Commission to ratify purchase of $6,947.00 in chlorination equipment for the Buccaneer Water and Sewer District on an emergency basis Motion: Ratify an emergency purchase of $6,947.00 for chlorination Cook x x equipment in the Buccaneer Water and Sewer District that Edwards x was installed on an emergency basis. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7.Appointment of a new member to the Advisory Recreation Committee replacing Mary Kyle Mrs. Rose Blanchard, Director of Parks and Recreation submitted a recommendation that Mary LaPointe be appointed to the Committee to replace Mary Kyle, who was moving out of the state. Motion: Appoint Mary LaPointe to serve on the Advisory Recreation Cook x Committee to fill the unexpired term of Mary Kyle. Edwards x x Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8. Action on Ordinances: A. Ordinance NO. 75-88-7 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, DIVISION 1 , SECTION 21-24(a) TO PROVIDE FOR ADOPTION BY REFERENCE OF FLORIDA STATUTES, CHAPTER 705 IN ITS ENTIRETY; AMENDING SECTION 21-24 TO PROVIDE A NEW SUBPARAGRAPH (a) (1) PROVIDING PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 75-88-7 on first reading. Motion: Passage of Ordinance No. 75-88-7 on first reading. Cook x Edwards x No discussion before the vote. Motion carried unanimously. Mayor Gulliford x x Howell set the Public Hearing for August 22, 1988. Jensen x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Ordinance No. 58-88-12 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-285, TO INCREASE THE MAXIMUM AMOUNT OF PENSION FROM 80% OF THE MEMBER'S FINAL AVERAGE COMPENSATION TO 100%; PROVIDING AN EFFECTIVE DATE. • PAGE FIVE V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. MSYN 8.B. Action on Ordinances - continued No. 58-88-12 Mayor Howell presented in full, in writing, Ordinance No. 58-88-12 on final reading. Said Ordinance was posted in line with Charter require- ments. The Mayor announced the Pension Board had recommended passage of the Ordinance. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 58-88-12 on second and final Cook x reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried. Jensen x * * * * * * * * * * * * * * * * * * * * * ;; * * * * * * * * * Howell x C. Ordinance No. 90-88-132 - Public Hearing and Final Reading Ordinance No.90-88-132 was listed on the agenda in error.Said Ordinance was passed at the regular meeting held on July 25, 1988. * * * * * * * * .. * * * * * * * * * * * * * * * .. * * * D. Ordinance No. 90-88-134 - Listed as No. 90-88-143 - Public Hearing and Final Reading 1N ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, ?LORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-110, TO PROVIDE FOR CHANGES IN THE USES BY EXCEPTION IN THE COMMERCIAL LIMIT- ED (CL) DISTRICT; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing, Ordinance No. 90-88-134 on second and final reading. Said Ordinance was posted in line with Charter requirements. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-88-134 on second and final Cook x reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * * * ;; Howell x 9. Action on Exceptions: A. Public Hearing on an application by Mr. Fred Lewis for an exception to operate an auto service store in a CL district at the M&L Shopping Center. Mayor Howell announced Mr. Lewis proposed to construct a "Goodyear Type" auto store with the sale and installation of tires, etc. Mr. Lewis, at previous meeting, had submitted a list of improvements to the property that he agreed to make immediately if the exception was granted. The Mayor opened the floor for a Public Hearing and invited comments from the audience. Mrs. Ruth Gregg, 905 Sailfish, advised the Commission all the property owners agreed to the request with one exception. They asked Mr. Lewis to put in a silent alarm so the neighbors would not be awakened at 4:00 a.m. each morning. Mr. Lewis agreed to the request. • PAGE SIX V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. MSYN 9. Action on Exceptions - continued - Mr. Fred Lewis As no one else spoke for or against the request for exception, the Mayor declared the Public Hearing. Motion: Grant a request for exception submitted by Fred Lewis to Cook x x construct a "Goodyear type" auto store at the M&L Shopping Edwards x Center, subject to the completion of the certain list of Gulliford x x items Mr. Lewis had presented to improve his property, Jensen x and also Mr. Lewis will install a silent alarm system. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9.B. Public Hearing on an application for exception filed by Jerry Kilen to operate a vacuum cleaner sales, repairs and furniture sales at 1221 Mayport Road The Mayor opened the floor for a Public Hearing on the request for an exception by Jerry Kilen and invited comments from the audience. As no one spoke for or against the request, the Mayor declared the Public Hearing closed. Motion: Grant a request for exception to Jerry Kilen to operate a Cook x x vacuum cleaner sales, repairs and furniture sales at 1221 Edwards x Mayport Road, with no outside storage. The permission goes Gulliford x x with Mr. Kilen and not the land. Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9.C. Public Hearing on an application for exception for a home occupatLon filed by J. E. Gipson to operate a painting and repair business out of his home at 825 Plaza. The Mayor opened the floor for a Public Hearing on the request for a home occupation and invited comments from the audience. As no one spoke for or against the request, the Mayor declared the Public Hearing closed. Motion: Grant a request submitted by J.E. Gipson for a home Cook x x occupation to operate a painting and repair business out of Edwards x his home at 825 Plaza, with the understanding there will be Gulliford x x no outside storage. The permission goes with Mr. Gipson and Jensen x not the land. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10. Action by the City Commission to authorize the City of Jacksonville Beach to proceed under the 201 contract with Smith and Gillespie to develop the Beaches Master Plan for Regional Sewer System. Cook x x Motion: Authorize The City of Jacksonville Beach to proceed under Edwards x the 201 contract with Smith and Gillespie to develop the Gulliford x x Beaches Master Plan for Regional Sewer System. Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * •n :: * * * * * * * * * * * * * * * * * * * * * * * * • PAGE SEVEN V V MINUTES NAME OF AUGUST 8, 1988 COMMRS. MSYN 11. Miscellaneous Commissioner Cook noted that he had asked for a reprint from the Fla. Municipal Record on "The Stormwater Management Utility: An Innovative Financing Alternative" be sent out in their agenda packets for their perusal. The Commissioners thanked him for the information. * * * * * * * * * * -'c * * * * * * * * * * * * * * * .°. * Commissioner Gulliford furnished each Commissioner with a tentative agreement relative to a transfer of Beaches Aquatic Club to the City of Atlantic Beach that was signed by Commissioner Gulliford and rep- resentatives of the Beaches Aquatic Club. Commissioner Gulliford quali- fied item 1.) "Transfer of clear title" was not accurate because there were outstanding debt on the facility of approximately $28,000 which constituted the introduction of the solar system for heating the pool, and decking that was installed. The debts are with the Southeast Bank and The Ocean State Bank. It would include the property across the street which is a parking area and two tennis courts. The tennis courts are in disrepair. However, a local Paddle Tennis Association has offered to do all the repairs if they were allowed to configure the two tennis courts into three paddle courts. Commissioner Gulliford added a roof would have to be repaired for an approximate cost of $5,000. A copy of the tentative agreement and P&L attached hereto and made a part thereof. Discussion followed relative to user fees, etc. . Mayor Howell expressed concern over the possibility of a reverter clause,and suggested the City Attorney review the agree- ment. The subject will be discussed at the Budget Workshop Meeting. * * * * x * * * * * * < * * * * * * * * * * * * * Mr. Fellows requested Commission authority for the Mayor and Clerk to sign the plat on behalf of the City on the project "Seminole Reach", with the understanding he pays all fees prior to the signing of the plat. Motion: Authorize the Mayor and Clerk to sign the plat on Seminole Cook x x Reach with the condition the developer pays all fees prior Edwards x to the signing of the plat. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell announced he had met with representatives of Bessent, Hammack and Ruckman in connection with Section H. He suggested a meeting be held in the near future with the City Commission. If the latest proposal is accepted, the front foot cost would drop from approximately $70.00 to approximately $31.84. The area north of Levy Road would be deleted. Gas tax revenues could be used to help defray the costs of drainage and pav- ing, and the property owners would be assessed for water and sewer. There being no other business to come before the Co ission, the Mayor deATTEST: /c�laared��t��he ,,meeting adjourned at 9:30 p.m. // i% /4 Adelaide Tucker Wi am S. owell City Clerk Mayor/Presiding Officer