05-11-87 v AGENDA
CITY OF ATLANTIC BEACH
May 11, 1987 - 7:15 PM
Call to Order
Invocation and Pledge to the Flag
1. Approval of the Minutes of the regular meeting of April 27, 1987
2. Recognition of visitors
3. Action by the City Commission to authorize expenditure of
$122,000.00 for the acquisition of property in Section H for public
use
4. Action by the City Commission to declare surplus certain items from
the Atlantic Beach Police Department and authorize their disposi-
tion at public auction May 23, 1987
5. Report on a meeting of the committee on the Selva Linkside Planned
Unit Development held on Monday, April 27, 1987
6. Action by the City Commission to accept for maintenance the public
improvements in the Ocean Grove Drive utilities extension installed
by James Pelke
7. Action by the City Commission on a request for approval of Change
Order No. 2 for aeration system modifications, plant yard paving
modifications, and north access drive modifications in the amount
of $74,685.00
8. Action by the City Commission on a request for approval of Change
Order No. 3 on the sewage improvement program Part 4A to modify the
existing clarifier and turn it into a gravity sludge thickener with
associated access ladder and hand railing in the amount of
$96,506.00
9. Action on Resolutions:
A. Resolution No. 87-18 to approve budget adjustments
10. Action by the City Commission to waive the bid procedures and
authorize the expenditure of $4,025.00 for a four-wheel drive
vehicle for use by the lifeguards on Atlantic Beach
11. Public hearing on application for exceptions by:
1. Curtis Loftis seeking a home occupation at 182 Magnolia
2. Michael Kaufmann seeking a home occupation license at 316
Sixth Street
3. William Valley seeking a home occupation license at 606. David
Street
4. Pan Am Investments seeking an exception for a contractor not
requiring outside storage, and an automotive service garage in
a Commercial General district
12. Action on Ordinances:
A. Public hearing on Ordinance No. 90-87-120 on application of
Ellen Price to rezone property in North Atlantic Beach from
Rs2 to RG1
(Community Development Board recommends approval)
B. Public hearing on Ordinance No. 75-87-6 amending the Model
Traffic Ordinance recognizing the installation of traffic
signals, various four-way stop signs and other traffic signs
on streets previously declared to be through streets
C. Introduction and first reading of Ordinance No. 90-87-121
amending the Ordinance Code of the City of Atlantic Beach to
clarify required off-street parking and loading requirements
for conforming buildings and uses existing as of July 26, 1982
13. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V
COMMISSION HELD AT CITY HALL ON MAY 11 , 1987 AT 7:15 P.M. V V0 V
0
T T
PRESENT: William S. Howell, Mayor/Presiding Officer E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. M S
John W. Morris, Jr. , Commissioners 0 E
T C
AND: Richard C. Fellows, City Manager I O Y
Claude L. Mullis, City Attorney NAME OF ON E N
Adelaide R. Tucker, City Clerk 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 April 27, 1987
Motion: Minutes of the regular meeting of April 27, 1987 be Cook x
approved as written. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * x ,. ;: ;: ;: * * * * * x * ;: * * *
Howellx
2. Recognition of Visitors - None
Payor Howell asked for item 12, Action on Ordinances to be moved up on
the agenda. There was no objection from the Commission.
12A. Ordinance No. 90-87-120 - Final Reading and Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MA?
OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND OWNED BY ELLEN
C. PRICE, AND DESCRIBED AS LOT 80 NORTH ATLANTIC BEACH UNIT NO.3 HERE-
TO FROM RS-2 RESIDENTIAL SINGLE FAMILY TO RG-1 RESIDENTIAL GENERAL TWO
FAMILY AND PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-120 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. The Mayor opened the floor for a Public Hearing and in-
vited comments from the audience. Mr. William Nussbaum, attorney re-
presenting Mrs. Price requested permission to address his comments until
the end of the Public Hearing. Mr. John Hines, attorney for a number of
residents, objected. The Public Hearing was continued. Ms.Julie AndersDn,
1655 Beach Avenue presented adopted Resolution of the North Duval Beac-ies
Association opposing the request to rezone Lot 80. The Resolution was
signed by Rick Rumrell, President on behalf of its members and their
families. A petition signed by 71 residents opposing the rezoning and
supporting the current zoning of RS2 was also presented to the Commis-
sion. Residents present in the audience opposing passage of the Ordinance
sere:
rene Montanye, 1731 Beach; Mrs.Lynn McManus, owner of property directly
behind and northeast of the property in question; Mr. Robert Grube, 30
20th St. ; Mr. John Chandler, Jr. owner of lot 63, south of the lot in
question; Ellen Landon, 1785 Beach Ave, and Susan Smith, 1875 Beach Ave.
PAGE TWO V V
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MAY 11, 1987 COMMRS. MSYN
12A. Public Hearing - continued
Mr. Nussbaum told the Commission, in response to comments by the audience,
Mrs. Price's investment would be better with the property zoned for duplex,
than zoned for a single family dwelling. He disagreed the area was now
single family. Everything on the other side of the street was RG-2, north
was one single family, and north of that two duplexes under construction.
North of that was Ocean Village One Condominiums. He had been told Mrs.
Price's request was spot zoning and he disagreed, and said if she was npt
given the request, she would be falling the victim to reverse spot zoning.
Mrs. Price had enjoyed the zoning for many years under the City of Jack-
sonville and felt she was now being penalized. The Community Development
Board had recommended approval of her request and he hoped the Commissijn
would also vote in favor of the Ordinance. Mr. John Hines, attorney for
several residents opposed the passage of Ordinance No. 90-87-120 and felt
it was too late for Mrs. Price to come in for rezoning. She should have
been present at one of the Public Hearings the city held before changing
the zoning. He urged the Commission to abide by the present zoning and
reject the petition.
Mr. George Bull, Jr. 47 11th St. asked if Mrs. Price could still build
two units on her property under the RS-2 zoning. The Mayor responded in
the affirmative. Mr. Frank Delaney questioned whether the two units
ould be sold separately. The Mayor said they could not be sold except
possibly as condominium units. The City Attorney expressed the opinion
you may build a primary and a secondary dwelling on the property, but
you could not do it with condominiums, each unit separately, for the
simple reason the city subdivision regulations require the building be
fronting on a dedicated street or easement. A garage apartment could be
built for rental purposes, along with the primary dwelling. There being
no one else to speak for or against the Ordinance, the Mayor declared
the Public Hearing closed.
Motion: Deny the request by Mrs. Ellen C. Price to rezone Lot 80 Cook x
North Atlantic Beach Unit No. 3 from RS-2 to RG-1. Edwards x x
Gulliford x x
Following discussion, the question was called and the motion carried Morris x
unanimously. Ordinance No. 90-87-120 failed to pass on second and Howell x
final reading.
* * .. * * * * * * * :: * * * -°, * * * * * * .. * * * * * *
Mayor Howell declared a five minute recess at 7 :45 p.m.
* * * * * * * * * * * * * * * * * * * * * *
The Mayor called the meeting back to order at 7:50 p.m.
With no objection from the Commission, Mayor Howell called for action on:
12B. Ordinance No. 75-87-6 - Second and Final Reading and Public Hearin
AN ORDINANCE AMENDING ORDINANCE NO. 75-67-2,BEING AN ORDINANCE ENTITLED AN
- DINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING THE
JVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITHIN THE CITY OF
ATLANTIC BEACH, FLORIDA; AMENDING SECTION 1 , SCHEDULE III, TO AUTHORIZE THE
PLACEMENT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON OCEAN BLVD. AND EAST
COAST DRIVE; PROVIDING AN EFFECTIVE DATE.
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Item 12B continued Public Hearing
• Mayor Howell presented in full, in writing Ordinance No. 75-87-6 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. Mr. George Bull, Jr. , 47 11th St.
asked if passage of the Ordinance would give the Police Chief or City
Manager the opportunity to place stop signs at every intersection.
Mayor Howell explained 4-way stop signs were on Ocean Blvd. at Ahern,
7th, 10th, and 16th. On East Coast Drive, there would be 4-way stop
signs at 7th, 10th and Seminole Rd. Sherry Drive would be a through
street from Atlantic Blvd. to Seminole Road. 11th St. was not listed
and should be added. Mr. Bull objected to the 4-way stop on Ahern as
on week-ends when you turn off Atlantic Blvd traffic is backed up be-
cause of the stop sign on Ahern. Mayor Howell also objected to that
sign.
Lt. Jim Christman, head of the Traffic Unit, told the Commission he
had received a request to place a 4-way stop at the intersection of 1st
and Ocean. In the 13 years he had served the city, he found the biggest
traffic problems to date on Ocean was at the intersection at Ahern and
Ocean, not 1st. He said that was a very dangerous intersection. Mayor
gowell asked what was unsafe about that intersection. Lt. Christman said
:he street was too narrow, north, south, east, and west. and he cited
an example of traffic attempting to turn south on Ocean from Ahern would
have to inch their way out and take a chance on going. The Mayor express-
ed the opinion it was not so much the intersection, but cars being allowed
to park right up to where the stop sign was at the present time. Lt.
Christman agreed, and the Mayor said if blind corners was going to be
the criteria, they should put them at every corner.
Commissioner Gulliford said he wanted a 4-way stop at 1st because of
the danger of being hit while turning onto Ocean Blvd from 1st. It had
nothing to do with the "no parking within 20".Traffic coming from the
south, not the north, was the problem.
Police Chief Thompson explained one of the considerations on the stop
sign at Ahern was extensive pedestrian traffic. Commissioner Morris
asked if there had been any improvement since the stop sign was install-
ed. The Chief told him it had not been there long enough to tell. Mayor
Howell asked how many recorded wrecks since the beginning of time had
been at Ahern and Ocean Blvd. The Chief did not know. Ms.Sandy Shepherd,
Dewees Avenue, opposed the stop sign at Ahern as you are always looking
for pedestrians when you turn off of Atlantic Blvd. , and not a stop sign.
The Chief said they would look for some other alternatives. As no one
else spoke for or against the Ordinance, the Mayor declared the Public
Hearing closed.
layor Howell explained to the Commission if the Ordinance was not passed,
311 stop signs would have to be removed on Ocean Blvd.and East Coast Er.
as those streets were through streets by Ordinance No.75-67-2. He added
Mayport Rd. was listed as a through St. but it should be removed as
Mayport Road was controlled by the State.
PAGE FOUR V V
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MAY 11, 1987 COMMRS. MSYN
12B Public Hearing continued
Motion: Passage of Ordinance No. 75-87-6 with the deletion of Gulliford x
Mayport Road and the addition of 4-way stop sign at Morris x
East Coast Drive and 11th.
Following discussion, Commissioner Gulliford moved to amend:
Amended Motion: Passage of Ordinance No. 75-87-6 with the Cook x
deletion of Mayport Road and the addition of 4-way stop Edwards x
sign at East Coast Drive and 11th. Include Seminole Rd. Gulliford x x
as a through street with the exception of 4-way stop Morris x x
signs at Plaza, 18th and Saturiba. Howell x
Commissioner Cook suggested a white line be placed on the street at
locations of 4-way stop signs. Following discussion, the question was
called and the motion carried four to one. Mayor Howell voted nay.
12.C. Ordinance No. 90-87-121 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-161,
;UBPARAGRAPH (a) TO CLARIFY REQUIRED OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR CONFORMING BUILDINGS AND USES EXISTING AS OF JULY 26,
1982; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-121 on
first reading.
Motion: Passage of Ordinance No. 90-87-121 on first reading. Gulliford x
Edwards x
Commissioner Morris questioned Section 24-161 (a) (1) . He asked if an
old residence was converted into a restaurant how would it accommodate
the seating requirements as to the parking requirements. Mayor Howell
said there would be no parking requirements. Commissioner Gulliford
agreed with Commissioner Morris' concerns. The City Attorney stated
the off-street parking requirements went back to the beginning of the
off-street parking requirements at the construction of any building.
Commissioner Gulliford said it appeared the Ordinance said you would
have to add space in order to fall under the requirements of providing
additional parking, and they were saying you could change the nature
of an existing structure that would create a greater demand without
altering the size. The City Attorney said you would have to rezone the
property and could deny the rezoning.
Following discussion, the question was called and the motion carried Cook x
with a four to one vote. Commissioner Morris voted nay. Mayor Howell Edwards x
;et the Public Hearing for June 8, 1987. Gulliford x
Morris x
* * * * * * * ;; * * * * :e * * * :: * * * * * ;; * * Howell x
PAGE FIVE V V
MINUTES NAME OF
MAY 11, 1987 COMMRS. MSYN
3. Action by the City Commission to authorize expenditure of $122,000.
for the acquisition of property in Section H for public use.
Mayor Howell reminded the Commission item 3 was originally discussed
on February 23, 1987 and a motion carried unanimously to purchase the
property at the appraised value. The appraisal was $122,000. He asked
action be taken for purposes of condemnation. The City Attorney told
the Commission the hearing was set for 9:00 a.m. June 2, 1987 before
Judge Mitchell.
Motion: Authorize expenditure of $122,000.00 for the acquisition Cook x x
of property in Section H for public use. Expenditure was Edwards x
budgeted in FY 86-87. Gulliford x x
Morris x
The question was asked who paid court costs and attorney fees. Mayor Howell x
Howell said each party would pay their own fees. Following discussion,
the question was called and the motion carried unanimously.
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4. Action by the City Commission to declare surplus certain items from
the Atlantic Beach Police Department and authorize their disposition
at public auction May 23, 1987.
'he City Manager asked for one item to be included in the list, the
1984 police car that was wrecked.
Motion: Move to declare those items surplus and authorize their Cook x
disposition at public auction. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* :: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
5. Report on a meeting of the committee on the Selva Linkside Planned
Unit Development held on Monday, April 27, 1987.
Mayor Howell reported at the workshop meeting there was a general under-
standing reached that a swap take place for a strip of land approximately
100-150' wide along the lagoon north of 11th St. to be appraised, and
the strip of property at the northerly end of the city property northerly
of Public Works also be appraised. After appraisal, it would be determin-
ed the amount of land to be swapped. It was also agreed whatever extent
possible, that it be stipulated the area along the lagoon was being swap-
ped for the purpose of a nature preserve to be left in its natural state.
That would be stipulated in the deed to the city for the use of the land.
Commissioner Gulliford reminded him Mr. Buchanan was also asked to
furnish a petition stating that was the intent of the majority of the
property owners.
[r. Buchanan, 1510 Selva Marina Drive, told the Commission they had con-
!inced he and Mrs. Jackson at the workshop meeting to agree to the swap.
After lengthy discussions with the property owners, he said he was out
of line in telling the Commission the property owners would agree to the
swap. He presented a petition signed by the residents involved stating
•
PAGE SIX V V
MINUTES NAME OF
MAY 11, 1987 COMMRS. M S Y N
5. Continued - Selva Linksides PUD
• they did not want the swap. They wanted the PUD to stay as approved.
The strip of land along the west of the lagoon was left out of the PUD
and should remain OR (open rural) , and also remain privately owned, not
city owned.
Commissioner Morris corrected a statement by Mayor Howell in the Work-
shop meeting minutes in which he said the city owned land in Selva Lakes.
Mayor Howell agreed. He added there would be a dedication of that pro-
perty in Selva Lakes and its use which will be controlled, at that time,
by the city, when the 3rd phase is adopted. It will be owned by the
Association.
Motion: Have both parcels of land in question evaluated and Cook x
appraised by an independent appraiser as discussed at Howell x
the workshop meeting of April 27, 1987.
Following discussion on whether to incur the expense of appraisals when
the property west of the lagoon might not be swapped, Commissioner Cook
withdrew his motion and the Mayor withdrew his second.
k lengthy debate followed on why Mr. Buchanan changed his mind since
:he Commission agreed to preserve the area along the lagoon and leave it
in its natural state at the workshop meeting, and then how to arrive at
another agreeable solution so the developers could proceed with
their approved PUD. Following debate, Commissioner Gulliford moved
for his original suggestion:
Motion: Have the city land appraised and also some property at the Cook x x
lower end of the southwest corner of the developer's PUD Edwards x
along the sewer plant and swap dollar value for dollar Gulliford x x
value. Morris x
Howell x
No discussion before the vote. Motion carried with a four to one vote.
Commissioner Morris voted nay.
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6. Action by the City Commission to accept for maintenance the public
improvements in the Ocean Grove Drive utilities extension installed
by James Pelke
The City Manager reported receipt of all necessary documents, with the
exception of the warranty on the lines. There was some controversy with
the developer and contractor on charges, but as soon as that was resolved
the warranty would be received. He requested the city accept.
Motion: Accept for maintenance public improvements in the Ocean Cook
Grove Drive utilities extension installed by James Pelke Edwards x x
subject to receipt of the warranty on the lines. Gulliford x
Morris
No discussion before the vote. Motion carried unanimously. Howell
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PAGE SEVEN V V
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MAY 11, 1987 COMMRS. MSYN
Items 7 and 8 moved on one motion - see below
7. Action by the City Commission on a request for approval of Change
Order No. 2 for aeration system modifications, plant yard paving
modifications, and north access drive modifications in the amount of
$74,685.00.
Mayor Howell asked if it was not correct that the engineer who designed
the system was now modifying his design and the city was going to pay
for it. The City Manager answered in the affirmative. The engineer de-
signed the system in the most economical way he could. It was a course
bubbler system as described. They had several meetings about changing to
a fine bubbler system, and saving the money on the amount of chemicals
and the amount of sludge that had to be hauled to the land fill. Com-
missioner Morris commented that was in fact, a swap. Mr. Fellows said
yes, there was some trade off. After it was agreed to get the sludge
hauler, they were afraid the weight of the hauler would seriously affect
the integrity of asphalt. That was the reason for wanting concrete.
Asphalt had not been installed, so concrete could replace the asphalt.
Commissioner Edwards noted the fine bubbler change was initiated by Mr.
Tim Townsend, after the original rehabilitation was planned, sealed and
delivered. The engineers realized to start with, on a course bubbler
Gystem you have an increased volume of air coming out, and it does not
isburse itself throughout the aeration tank. You lose about one quarter,
or maybe better, into the air, where you would not with the fine bubbler
system. The fine bubbler system will sit there longer and disburse all
through the tank, rather than each end of the tank.
8, Action by the City Commission on a request for approval of Change
Order No. 3 on the sewage improvement program Part 4A to modify the
existing clarifier and turn it into a gravity sludge thickener with
associated access ladder and hand railing in the amount of $96,506.00
Mr. Fellows pointed out to the Commission they had budgeted $40,000.00
in FY 86-87 and the purpose for the change order was the possibility
of receiving Federal Funds. Item #8 was not a re-design. Over a period
of time the city would save by modifying the existing clarifier.
Motion: Approve request for Change Order No. 2 for aeration system Cook x x
modifications, plant yard paving modifications, and north Edwards x x
access drive modifications in the amount of $74,685.00, Gulliford x
and Change Order No. 3 to modify the existing clarifier Morris x
and turn it into a gravity sludge thickener with associated Howell x
access ladder and hand railing in the amount of $96,506.00.
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
. Action on Resolutions- No.87-18
Mayor Howell presented in full, in writing, Resolution No. 87-18, a
Resolution to approve budget adjustments.
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MAY 11, 1987 COMMRS. M S Y N
Action on Resolutions - continued
Motion: Move to adopt Resolution No. 87-18. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
thereof. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
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10. Action by the City Commission to waive the bid procedures and
authorize the expenditure of $4,025.00 for a four-wheel drive vehicle
for use by the lifeguards on Atlantic Beach
Mr. Fellows reported the police department had furnished the list of
items needed for the expanded lifeguard department due to annexation.
One of the items needed was the expenditure of $4,188. for a four-wheel
vehicle for use on the beach. The truck currently used had been stuck
several times. He requested the Commission waive the bid requirements
as it was very difficult to write specifications for a used vehicle,
and a used four-wheel drive vehicle,in any situation,was very difficult
to find. The police department had found one that was a little less than
the blue book value. Seven or more dealers had been contacted and were
unable to find another vehicle comparable. After researching the Code,
:he City Attorney found no problems to waive the bid requirements.
Motion: Waive the bid requirements and authorize purchase of a Cook x
four wheel drive vehicle from Mike Shad Ford Co. in the Edwards
amount of $4,188.00. Gulliford x
Morris
Following discussion before the vote, the question was called and Howell x
the motion carried with a four to one vote. Mayor Howell voted nay.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
11. Public Hearings on application for exceptions by:
1. Curtis Loftis seeking a home occupation at 182 Magnolia
Mayor Howell advised Mr. Loftis' occupation was advertising design. He
would have no outside sign. All contact would be by telephone. The
Community Development Board had recommended approval, with the exception
that the home occupation run with Mr. Loftis, and not with the land. He
opened the floor for a Public Hearing and invited comments from the
audience. As no one spoke for or against the request, the Mayor declazed
the Public Hearing closed.
Motion: Approve the request by Curtis Loftis for a Use by Exception. Cook x X
for a home occupation at 182 Magnolia. The exception be Edwards x
approved to Mr. Loftis, and not to the property, and only Gulliford x
at that location. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
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PAGE EIGHT V V
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Action on Resolutions - continued
Motion: Move to adopt Resolution No. 87-18. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
thereof. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
10. Action by the City Commission to waive the bid procedures and
authorize the expenditure of $4,025.00 for a four-wheel drive vehicle
for use by the lifeguards on Atlantic Beach
Mr. Fellows reported the police department had furnished the list of
items needed for the expanded lifeguard department due to annexation.
One of the items needed was the expenditure of $4,188. for a four-wheel
vehicle for use on the beach. The truck currently used had been stuck
several times. He requested the Commission waive the bid requirements •
as it was very difficult to write specifications for a used vehicle,
and a used four-wheel drive vehicle,in any situation,was very difficult
to find. The police department had found one that was a little less than
the blue book value. Seven or more dealers had been contacted and were
unable to find another vehicle comparable. After researching the Code,
he City Attorney found no problems to waive the bid requirements.
Motion: Waive the bid requirements and authorize purchase of a used Cook x x
four wheel drive vehicle from Mike Shad Ford Co. in the Edwards x
amount of $4,188.00. Gulliford x x
Morris x
Following discussion before the vote, the question was called and Howell x
the motion carried with a four to one vote. Mayor Howell voted nay.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
11. Public Hearings on application for exceptions by:
1. Curtis Loftis seeking a home occupation at 182 Magnolia
Mayor Howell advised Mr. Loftis' occupation was advertising design. He
would have no outside sign. All contact would be by telephone. The
Community Development Board had recommended approval, with the except-
ion the home occupation ran with Mr. Loftis, and not with the land. He
opened the floor for a Public Hearing and invited comments from the
audience. As no one spoke for or against Mr. Loftis' request, the Mayor
declared the Public Hearing closed.
Motion: Approve the request by Curtis Loftis for a Use by Exception Cook x x
for a home occupation at 182 Magnolia. The exception be Edwards x
approved to Mr. Loftis, and not to the property, and only Gulliford x x
at that location. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
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11.Public Hearings on Use By Exceptions - continued
2. Michael Kaufmann seeking a home occupation license at 316 Sixth St.
Mayor Howell said Mr. Kaufmann was a painting contractor and handles
business by telephone. One 1987 mini-pickup truck would be parked at
the house and there would be no outside storage. The Community DeveloF-
ment Board had recommended approval for Mr. Kaufmann, not the property .
The Mayor opened the floor for a Public Hearing and invited comments
from the audience. As no one spoke for or against the request, Mayor
Howell declared the Public Hearing closed.
Motion: Approve the request by Michael Kaufmann for a Use by Cook x x
Exception for a home occupation at 316 Sixth St. The Edwards
Exception be approved for Mr. Kaufmann, and not to the Gulliford x k
property, and only at that location. Morris x
Howell
No discussion before the vote. Motion carried unanimously.
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3. William Valley seeking a home occupation license at 606 David St.
Mayor Howell told the Commission Mr. Valley has a concrete landscaping
system business. The Community Development Board recommended approval
;ubject to no public display, and the exception would be granted only
to Mr.Valley, not to the property. The Mayor opened the floor for a
Public Hearing and invited comments from the audience. As no one spoke
for or against, Mayor Howell declared the Public Hearing closed.
Motion: Approve the request by William Valley for Use by Exception Cook x
for a home occupation for a concrete landscaping system Edwards x x
business at 606 David St, with the stipulation there will Gulliford x x
no public display. The Use by Exception to run with Mr. Morris x
Valley and not the property. Howell
No discussion before the vote. Motion carried unanimously.
* * * *- * * * * * * * * *- * * * * * * * * * * * * * * * * * * * *
4. Pan Am Investments seeking an exception for a contractor not re-
quiring outside storage, and an automotive service garage in a Commer-
cial General district.
The Community Development Board recommended approval of both requests.
Mayor Howell 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. Discussion was held on requirements relative
to outside storage for garages. Mr. Valley would have to comply with
the Code.
Cook x
Motion: Approve the request by Pan Am Investments for two Use by Edwards
Exceptions for a contractor not requiring outside storage Gulliford x x
and an automotive service garage at 800 Mayport Rd. ,subject Morris A x
to "no outside storage" be added to the automotive service Howell x
garage-all work to be done indoors.
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
•
PAGE TEN V V
MINUTES NAME OF
MAY 11, 1987 COMMRS. M S Y N
Miscellaneous
Commissioner Cook asked the City Attorney if he had looked into the pos-
sibility of acquiring an access to the beach at the end of 17th St. Mr.
Mullis told him there was a good possibility the access could be opened.
Before giving a final determination, he had to research the minutes of
the County Commission of the former Government of Duval County. Action
was taken in 1948 on that access. Mr. Mullis hopes to have an answer at
the next meeting.
Commissioner Gulliford moved to direct the City Attorney to investigate
the change orders on the sewer plants construction and renovation as to
whether there is any legal relief for the city. Mayor Howell told him
a Committee already existed, and there was no need for a motion. The
motion was withdrawn. The City Attorney agreed with Commissioner Gulliford
the investigation should commence. Commission agreed.
Commissioner Gulliford asked for the status of Mr. Kredell's property.
Mr. Mullis explained that was a court order. The Judge reduced Mr.
Kredell's permit to four units. He is operating under a building permit
issued by the City of Jacksonville. They will do the final inspections,
except for plumbing and electrical. Discussion was held on whether the
-ity's building inspector should monitor the construction. Mr. Fellows
•eported they agreed with the City of Jacksonville, when North Atlantic
Beach was annexed, that anything that was approved by the City of Jack,-
sonville prior to the annexation, that the City of Jacksonville would
finalize the construction. The city building inspector was doing nothing
more than surveying the property and making notes for future reference.
Mr. Kredell obtained his permits for water and sewer with the City of
Atlantic Beach.
A gentlemen from the audience told the Commission Mr. Kredell also owned
a 50' strip of land on the west side of Beach,and the permit he had was
for the garage approach roadway. There was no lot number and no date.
Mr. Fellows will check the permit. Mr. Mullis stated the final judgment
was very clear as to what the City of Jacksonville was directed to do.
The Judge directed the building permit be issued, the City of Jackson-
ville building code be complied with, and no more than four units to be
constructed therein. He suggested if anyone saw anything out of line,
they should call the City of Jacksonville Building Department rather
than the City of Atlantic Beach making a decision on what to do.
Commissioner Morris commented relative to Resolution No. 87-17 that he
had received a call indicating the property owners were willing to
allow the Russells an easement without having to go through Eminent
Domain. Mayor Howell told him they had been in touch with Mr. Hines,
their attorney, and he was attempting to work out a solution. To allow
the Russells an easement was not correct, the city needed the easement.
Ir. Hines was attempting to get a 30' , not a 40' easement for the city,
.end hoped to contact the Mayor the next day.
Mayor Howell pointed out the next Commission meeting scheduled was for
May 25,1987 which was Memorial Day. The Ordinance stated if the meeting
PAGE ELEVEN V V
MINUTES NAME OF
MAY 11, 1987 COMMRS. M S Y N
Miscellaneous - continued
falls on a holiday, it shall be held the following Tuesday, which will
be the General Election day for the City of Jacksonville.
Motion: Cancel the Commission meeting for May 25, 1987 due to the Cook x
Memorial Day holiday and Election Day. The next Commission Edwards x x
meeting will be held on June 8, 1987. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The City Manager reported effective July 1, 1987, the city will have
to collect 5% sales tax on non-residential garbage and sewer services.
The city will receive 3% for collecting the tax and 1% after that.
He also pointed out if the city did not remit the monies on the due
date to the state, a penalty could be levied against the city.
Mr. Fellows advised of a breakdown on Friday of one of the loadmaster
bodies on one of the older diesel trucks. They found a major break-
through in the hopper. They examined several alternatives, the cost of
a new body, the cost of a rental unit, and temporary versus permanent
repairs. Ray Pace Waste Equipment Co. furnished a quote on repairs in
:he amount of $6,500. Since a new body or rental were so high, he
recommended they repair it. Mr. Braid reported he was not aware of
another company that could make the repairs, but would obtain other
quotes if available.
Motion: Authorize the expenditure of not more than $6,500, Cook
for repairs to a loadmaster body on a diesel truck, Edwards
subject to receipt of several other quotes in writing. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The Commission received copies of a memo from the City Attorney re-
lative to the City of Jacksonville sign Ordinance to be voted on
May 26th. He advised if the Ordinance passed, it would not be effective
in Atlantic Beach, or the other beach cities and Baldwin. The Mayor
commented our Ordinance was stricter than the one on the ballot.
There being no other business to come before the Commission, the
Mayor declared the meeting adjourned at 9:35 p.m.
Will' .m '. Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker - _-
City
City Clerk
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SIGNATURE DATE SIGNATURE DATE
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We the undersigned support (RS2 ) zoning on all ocean front
property in Atlantic Beach including Lot 80, North Atlantic
Beach unit NO. 3, property of Mrs . Ellen Price.
SIGNiTURE DATE SIGNATURE DATE
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