06-09-86 v AGENDA
CITY OF ATLANTIC BEACH
June 9, 1986
Call to Order
Invocation and Pledge to the flag
1. Approval of the minutes of the regular meeting of May 27 , 1986
2. Recognition of visitors
3. Report of committees:
A. Report by Commissioner Gulliford on committee recommendations
for the purchase of a sludge hauler tractor
B. Report by Commissioner Morris on the committee recommendations
in regards to bids received for the repair and renewal of sand
fences on Atlantic Beach
4. Action by the City Commission to accept for maintenance the public
improvements in Phase I of the Selva Lakes planned unit development
S. Discussion by the City Commission on the desirability of extending
the management contract between Jax Utilities and the City of
Atlantic Beach for operation of the Buccaneer Water and Sewer
District.
6. Action by the City Commission on a proposal from Gee and Jenson to
prepare a letter evaluation of the new comprehensive planning
requirements in connection with Florida's Growth Management Plan in
the amount of $2,200.00.
7. Action by the City Commission on accepting the plat of Unit II,
Oceanwalk subdivision
8. Action on exceptions:
A. Public hearing on an application for an exception for an
auto/truck service garage in a Commercial General district,
made by F. Reuben Bennett, 38 West Ninth Street
(Advisory Planning Board recommends approval)
B. Public hearing on an application for an exception to operate a
home occupation in a Residential General 1-A area by Rolando
Delgado, who wishes to use his home for office purposes only
(Advisory Planning Board recommends approval)
9. Action on Ordinances:
A. Ordinance #95-86-29
Introduction of an Ordinance amending the Ordinance Code of
the City of Atlantic Beach to prohibit animals on the beach
between May 1 and October 1 of each year, and setting a public
hearing for June 23
B. Ordinance #80-86-31
Introduction of an Ordinance amending the Ordinance Code of
the the City of Atlantic Beach to restructure sewer use
charges for restaurants, laundries, car washes and master
metered commercial accounts, and setting of a public hearing
for June 23
C. Ordinance #90-86-106
Public hearing and final reading of an Ordinance proposing to
rezone a tract of land lying south of Cornell Lane from
Residential General (RG-2) to Residential General (RG-3) on
the application of George Prom
(Advisory Planning Board recommends approval)
D. Ordinance #90-86-102
Public hearing and final reading of an Ordinance clarifying
the definition of secondary dwellings and providing limited
uses of secondary dwellings
10. Miscellaneous
Adjournment
Corrected June 24,1986 to reflect Howell vote page 5
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON JUNE 9, 1986 AT 7:15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor-Commissioner 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 ONEN
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.
For the benefit of the audience, Mayor Howell explained if anyone in the
audience wished to speak on the proposed dog Ordinance, item 9.a, it
was up for first reading only and there would be no discussion. The
Public Hearing would be held on June 23, 1986 at 7:15 p.m.
1. Approval of the minutes of the regular meeting of May 27, 1986
Motion: The minutes of the meeting of May 27, 1986 be approved Cook x
as submitted. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
2. Recognition of visitors
Dee Ryder, Selva Norte Subdivision, expressed concern about the ditches
in the area as to weed growth and mosquitos. She thanked Mr. Fellows
for sending someone out to clean out the ditches. Mayor Howell explained
the ditches should be cleaned regularly. The City Manager will take care
of that matter. The City of Atlantic Beach did not spray for mosquitos,
The Duval County Mosquito Control District was supposed to spray on a
regular basis. They are funded by our tax dollars. The City Manager will
call the Health Environmental Department in Jacksonville for her.
Sam Lanier, 335 Country Club Lane, asked what were the procedures re-
garding the dog Ordinance. Mayor Howell explained every Ordinance had
to be introduced on first reading, and a second and final reading where
a Public Hearing was held and then final action. Almost all Ordinances
were passed on first reading, whether the Commissioners were for the
Ordinance or not, merely to move it on to a Public Hearing to get the
Public input. The proposed Dog Ordinance would be read on first reading
that night and probably would be passed on first reading in order for
a Public Hearing to be set for June 23, 1986.
.eport of committees
A. Report by Commissioner Gulliford on committee recommendations for tie
purchase of a sludge hauler tractor
PAGE TWO V V
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JUNE 9, 1986 COMMRS. MSYN
Report of Committees - continued - Gulliford
Commissioner Gulliford reported the Committee had met on Wednesday, June
4th at 10: 15 a.m. , and after fully discussing the pros and cons relative
to the various pieces of equipment that were capable of performing the
sludge removal activity, the committee unanimously recommended a con-
tract be awarded to Jacksonville Ford Tractor Co. for the Kubota Tractor
and Loader meeting specifications which was the 355SS and the 1720 Loader
at a price of $13,622.00.
Motion: Approve the Committee's recommendations and award a Cook x x
contract to Jacksonville Ford Tractor Co. for a Kubota Edwards x
tractor and Loader at a price of $13,622.00. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B.Report by Commissioner Morris on the committee recommendations in
regards to bids received for the repair and renewal of sand fences
on Atlantic Beach
Commissioner Morris reported the Committee met on Friday, May 30th.
After a thorough review of the specifications of the two responsible
Bidders, and in that the specifications were identical, the committee
unanimously recommended a contract be awarded to George P.Coyle & Sons,
the low bidder, for installation and repair of the sand fencing on
Atlantic Beach in the amount of $5,575.00.
Motion: Approve the Committee's recommendations and award a Cook x
contract to George P. Coyle & Sons for installation and Edwards x
repair of the sand fencing on Atlantic Beach in the amount Gulliford x x
of $5,575.00 Morris x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
4. Action by the City Commission to accept for maintenance the public
improvements in Phase I of the Selva Lakes planned unit development
The City Manager reported he had received the engineer's certification
that the public improvements had been built in accordance with the plans
and specifications and the maintenance bond in the amount of $234,748.00
for one year. A couple of items on the punch list still remained to be
done, and a small problem with a couple of cul-de-sacs. He recommended
the Commission accept the improvements, subject to the above items being
completed satisfactorily to the Director of Public Services and the
City Hall. The engineer for the project was Bessent,Hammack & Ruckman
certified for Selva Lakes and the city's engineer for the project,
England, Thims & Miller accepted on behalf of the city. Discussion
-ollowed on the cul-de-sacs. There were two cul-de-sacs yet to be paved
)ut because they were starting construction of Phase II and III they
had not paved them at the present time but the bond would cover them.
They would be in the area with heavy equipment and felt it wise to pave
at a later date. The City Attorney asked if the maintenance bond commenced
PAGE THREE V V
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JUNE 9, 1986 COMMRS. MSYN
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4. Phase I of the Selva Lakes PUD - continued
on the date of acceptance by the city. Mr. Fellows stated it expires
on June 4, 1987. Mr. Fellows read from the engineer's report - "the
two temporary cul-de-sacs located in the project were not paved as
called for on the approved plans. We find this acceptable since phase
II and III of the project are currently under design with construction
of roadway extension expected to begin this year. If this does not take
place and construction has not commenced, we recommend the city require
the curbs to be paved prior to release of the improvement bond at the
project's one-year anniversary date."
Motion: Accept for maintenance the public improvements in Phase I Cook x
of the Selva Lakes Planned Unit Development, subject to Edwards x
the various items on the punch list being completed, but Gulliford x x
no acceptance on the cul-de-sacs. Morris x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
5. Discussion by the City Commission on the desirability of extending
the management contract between Jax Utilities and the City of Atlantic
Beach for operation of the Buccaneer Water and Sewer District.
Copies of the proposed budget for the upcoming fiscal year with some
projections by Jax Utilities had been sent to the Commission. Mr. Fellows
noted the contract ended on July 31, 1986. As no representative from
Jax Utilities was present, the Mayor suggested a Special Meeting be
called to discuss the matter. Commission agreed. The Mayor set the
Special Meeting date for Monday, June 16, 1986 at 7:15 p.m.
6. Action by the City Commission on a proposal from Gee and Jenson to
prepare a letter evaluation of the new comprehensive planning require-
ments in connection with Florida's Growth Management Plan in the amount
of $2,200.00.
The City Manager asked for item #6 to be deferred until the next meet-
ing due to information he had just received relative to the Coastal
Management that he had not discussed with Gee and Jenson. Commission
agreed. Item #6 was deferred until the meeting of June 23, 1986.
7. Action by the City Commission on accepting the plat of Unit II,
Oceanwalk subdivision.
Copies of the plat had been furnished the Commission. Mr. Fellows ex-
plained several of the lots were in Atlantic Beach and the rest in the
City of Jacksonville. There were no public improvements located within
the City of Atlantic Beach.
Motion: Approve the Plat of Unit II, Oceanwalk Subdivision. Cook x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * ,. * .. * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE FOUR V V
• MINUTES NAME OF
JUNE 9, 1986 COMMRS. MSYN
8. Action on Exceptions
A. Public Hearing on an application for an exception for an auto/truck
service garage in a Commercial General district, made by F. Reuben Bennett,
38 West Ninth St.
Mayor Howell advised the Advisory Planning Board had recommended approval
of the application at their last meeting. He opened the floor for a Public
Hearing and invited comments from the audience. As no one spoke for or
against the application, the Mayor declared the Public Hearing closed.
Motion: Approve the application for a Use by Exception by Reuben Cook x
Bennett for an auto/truck service garage in a CG district Edwards x x
located at 38 West Ninth St. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Public Hearing on an application for an exception to operate a home
occupation in a Residential General 1-A area by Rolando Delgado, who
wishes to use his home for office purposes only.
•layor Howell advised the Advisory Planning Board had recommended approval
of the application at their last meeting. He opened the floor for a Public
Hearing and invited comments from the audience. As no one spoke for or
against the application, the Mayor declared the Public Hearing closed.
Motion: Approve the application for a Use by Exception by Rolando Cook x
Delgado to operate a home occupation in a RG-1A district, Edwards x x
located at 1399 Violet St. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * ;: * * * * * * * * * * * * * * * * * * * * * * *
9. Action on Ordinances:
A. Ordinance #95-86-29 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 5, ARTICLE I, TO CREATE SECTION 5-8, WHICH SAID
SECTION SHALL PROHIBIT ANIMALS ON BEACH BETWEEN MAY 1st AND OCTOBER 1st
OF EACH YEAR; AMENDING CHAPTER 4, ARTICLE I, TO CREATE SECTION 4-9 PRO-
HIBITING ANIMALS ON THE BEACH DURING CERTAIN TIMES OF THE YEAR; PROVIDING
AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-86-29 on
first reading.
10111 Motion: Passage of Ordinance No. 95-86-29 on first reading. Edwards x
Gulliford x
A lengthy discussion followed before the vote with each Commissioner
offering suggestions. One, to consider allowing dogs early in the a.m.
Corrected June 24, 1986 to reflect Howell vote not originally shown
on Ordinance #95-86-29.
PAGE FIVE V V
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JUNE 9, 1986 COMMRS. M S Y N
Action on Ordinances - Animals - #95-86-29 continued
and late afternoon, but that did not address the problem of irresponsible
people that did not clean up after their dogs. Second, several citizens
had called one of the Commissioners to ban dogs the entire year, and
others had suggested if we had a police force that would enforce the
laws, we would not have to prohibit dogs from the beach. The comment was
made the only calls received were from people outside the city who like
to bring their dogs to romp on our beach and bite our citizens. Mayor
Howell commented the city had addressed the issue on a regular basis
and had tried everything with the exception of banning dogs from the
beach. The full Commission agreed if the Ordinance was not enforced Cook x
effectively there would be no reason to pass it. Following discussion, Edwards x
the question was called and the motion carried unanimously. Gulliford x
Mayor Howell set the Public Hearing for June 23, 1986. Morris x
:: * ;: * * ;e ;: * ;: * ;: * ;: * ;: * * * * * ;t * * * Howell x
B Ordinance No. 80-86-31 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-166,
SUBPARAGRAPH (a) , TO PROVIDE COMMERCIAL USER FEES FOR RESTAURANTS,
AUNDRIES, CAR WASHES, AND MASTER METERED COMMERCIAL ACCOUNTS; AMENDING
,ECTION 22-167 TO PROVIDE A SURCHARGE PER ONE THOUSAND (1 ,000) GALLONS
FOR RESTAURANTS, LAUNDRIES, AND CAR WASH CONNECTIONS; PROVIDING AN
EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 80-86-31 on
first reading.
Motion: Passage of Ordinance No. 80-86-31 on first reading. Cook x
Edwards x x
Gulliford x x
Following discussion, the question was called and the motion carried Morris x
unanimously. Mayor Howell set the Public Hearing for June 23, 1986. Howell x
* ;: * * * * ;ti * * * * ;: * * * ;; * * * * :: * * * * * * * *
C. Ordinance No. 90-86-106 - Second and Final Reading- Public Hearing
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 DE-
SCRIBED AS SHOWN ON APPENDIX "A" ATTACHED HERETO FROM RESIDENTIAL GENERAL
(RG-2) TO RESIDENTIAL GENERAL (RG-3) ; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-106 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He opened the floor for a Public Hearing and invited
:omments from the audience. As no one spoke for or against the Ordinance,
the Mayor declared the Public Hearing closed.
PAGE SIX V V
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Action on Ordinances - continued No. 90-86-106 Public Hearing
Motion: Deny passage of said Ordinance. Morris x
The motion died for lack of a second.
* * * * * * * * * * * * * * ;e * * * * * * s: * :: * * * * *
Motion: Passage of Ordinance No. 90-86-106 on second and final Gulliford x
reading. Morris x
Commissioner Morris said it was his understanding the Advisory Planning
Board had recommended passage of the Ordinance subject to certain con-
ditions, and the City Attorney had advised those conditions did not
follow in a re-zoning. Mr. Mullis explained the Supreme Court had said
you cannot conditionally rezone property in exercising police power as
far as the Ordinance itself was concerned. It had been done where certain
documents had been put in escrow to be put on record if and when there
was a totally separate item. Discussion followed on the suggestion to
pass over until the next meeting to give the developer time to perhaps
furnish covenants and restrictions for the property. The question was
raised why wasn't it proposed as a Use by Exception instead of re-zoning
and the fact covenants and restrictions were sometimes lost and forgotten.
[rs. Gregg stated Mr. Prom said he was going to live on the property
and could enforce the covenants.
Substitute Motion: Defer action on the Ordinance until the next Cook x
regular meeting on June 23, 1986. Edwards x
Gulliford x x
No discussion before the vote. Substitute motion carried unanimously. Morris x x
* * * ;; * x * * * ;: * * * * t x * * * ;: x * * „ * Howell x
D. Ordinance No. 90-86-102- Second and final reading-Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE II, SECTION 24-17, TO PROVIDE A
DEFINITION FOR SECONDARY DWELLINGS; AMENDING ARTICLE III, ZONING
REGULATIONS, DIVISION 4, TO PROVIDE A NEW SECTION 24-86, PROVIDING
LIMITED USES FOR SECONDARY DWELLINGS; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-102
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 spoke for or against, the
Mayor declared the Public Hearing closed.
Mayor Howell announced an amendment to the Ordinance should be made
clarifying the definition of a double frontage lot. The definition should
be changed as follows: Lot, double frontage - shall mean a double frontage
it through lot that has frontage on two (2) non intersecting streets. On
:hrough lots between Beach Ave. and the Atlantic Ocean, the applicable
front setback requirement shall apply to the yard which faces the Atlantic
Ocean. The applicable front setback requirement on through lots between
Beach Ave. & Ocean Blvd. shall be the yard which faces Ocean Blvd.
PAGE SEVEN V V
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JUNE 9, 1986 COMMRS. MS Y N
Action on Ordinances - No. 90-86-102 continued
Motion: Passage of Amendment to the Ordinance. Cook x
Edwards . x
Gulliford x x
Following discussion before the vote, motion carried unanimously. Morris x x
* * * * * * * * * :: * * * * x * * * * * * Howell x
The City Attorney suggested the Ordinance be re-advertised for a
Public Hearing in thirty days.
Motion: Since this is a substitutive amendment to the Ordinance Cook x
move to re-advertise the Amended Ordinance for a Public Edwards x x
Hearing to be held in 30 days. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell set the Public Hearing for July 14, 1986.
* * * * * * * * * * * * * * * * * * * * * * * * ;: * *
Miscellaneous
The City Attorney advised one of the developer agreements that was
ssigned to the city by the Buccaneer Service Co. , Inc. needed to
.e executed. He asked the Commission to authorize the Mayor, with the
approval of the City Attorney, to accept the various documents on behalf
of the city.
Motion: Move to authorize the Mayor to accept the various documents Cook x
on behalf of the city. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * ,. * * * * ;t * * * * ;e * * * * * * * * * * Howell x
Mr. Mullis commented he was asked to report on the request for play-
ground equipment by the Atlantic Beach Elementary School in the amount
of $2,500. After reviewing the matter, the City Attorney suggested if
the Commission desired to provide the money, a contribution of $2,500
could be made to the Duval County School Board, providing that they
would agree to accept the equipment, maintain it, and allow the use to
all the citizens of Atlantic Beach. He did not feel the city could con-
tribute the funds directly through the PTA. The School Board would
indemnify and hold the city harmless as a result of anything that might
happen. Mr. Fellows noted that Mr. Wimpy Sutton, School Board member
from the beaches, offered to take the suggestion to the Duval County
School Board and felt the Board would agree to the terms as outlined
by Mr. Mullis - to indemnify the city and to make certain the play-
ground equipment was made available to all the citizens of Atlantic
-each. They would also see the equipment was maintained properly.
;ommissioner Gulliford asked where would the funds come from. Mr.
Fellows replied the city had budgeted funds for playground equipment
(approximately $15,000) that had not been advertised yet. The equipment
was slated for Russell Park. Commission agreed the park needed it.
PAGE EIGHT V V
MINUTES NAME OF
JUNE 9, 1986 COMMRS. M S Y N
Miscellaneous - continued
Mr. Fellows said we also had some Federal Revenue Sharing monies that
had to be spent by October 1. Commissioner Gulliford commented he did
not want to short change Russell Park and asked what the intentions
as far as expenditures were for the Federal Revenue Sharing funds.
Mr. Harry Royal reported the city had approximately $20,000. Mr. Fellows
said they had intended to use some funds for replacement of lights at the
tennis courts which would run approximately $10,000 to $12,000.
Commissioner Gulliford expressed concern over donating funds to any
special interest that potentially would not be available to serve the
entire citizenry of Atlantic Beach. Discussion followed. Commissioner
Gulliford asked for the property to be properly posted that "this play-
ground is open and available to all the citizens of Atlantic Beach".
Motion: Contribute to the Duval County School Board the sum of Cook x
$2,500. for the purchase of playground equipment to be Edwards
located on the property of the Atlantic Beach Community Gulliford x x
School as recommended by the PTA, and further that the Morris x x
Duval County School Board execute an agreement holding the Howell x
city harmless, including attorney fees, from any cause
arising out of the use of said equipment. The School Board
to post sign on said property that the equipment may be used
by "the residents of the City of Atlantic Beach".
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * :: * * * * * * * ,. * * * * * * * * *
Commissioner Cook commented he had seen a catalog advertising fire hose
that could be dried without hanging and would not mildew, and added the
city did not need to build the proposed fire tower. Discussion followed,.
The Committee will meet next week for further discussion.
Mayor Howell introduced Resolution 86-9,in full,in writing, a Resolution
requesting that the Jacksonville Transportation Authority, The City of
Jacksonville, Florida, and the Defense Department of the United States
to participate in planning and construction of the Mayport Expressway
between the Mayport Naval Station and the Dames Point Bridge.
Motion: Passage of Resolution No. 86-9. Cook x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * x * * * * * * * * * * * * * * * :t .. * * * * Howell x
There being no other business to come before the Commi ''on, e Mayor
declared the meeting adjourned at 8:45 p.m.
/4//h1 / /
i 1. -ow-11
ATTEST: Mayor/Presiding Officer
a,R DA,k,dtkL,
Adelaide R. Tucker
City Clerk