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01-26-81 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA January 26, 1981 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 12, 1981 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report 6. New Business A. Letter from Atlantic Beach Little Major-Minor League pertaining to facilities. 7. Unfinished Business A. Mr. George Bull re Selva Marina Garden B. Code Enforcement Board - Set terms of office 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 95-81-22 - An ordinance amending the last paragraph of Section 2 relating to legal services for the Code Enforcement Board (Ordinance No. 95-80-21) 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V COMMISSION HELD AT THE CITY HALL ON JANUARY 26, 1981 AT 8:00PM 0 O PRESENT: William S. Howell, Mayor-Commissioner T T E E Alan C. Jensen D D James E. Mhoon L. W. Minton, Jr. Catherine G. Van Ness, Commissioners M S 0 E AND: Bill M. Davis, City Manager T C Oliver C. Ball, City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation, offerec by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of January 12, 1981 Jensen X Motion: The minutes of the regular Commission meeting of January 12, Mhoon X X 1981 be approved as submitted. Minton x X Van Ness X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell X City Manager's Report Mr. Davis verbally presented his report, stating that the racquetball courts would be completed within the next week, and he is making plans for the issuance of resident and non-resident cards. He requested a meeting within the next week of the Recreation Committee to complete a non-resident fee schedule and consideration of control features. The Mayor asked Commissioners Minton and Van Ness to meet with Mr. Davis during the next week. Mr. Davis added that corner stakes have been set and perimeter lines located on City owned property north of the sewer treatment plant, and they started clearing the site layout of the proposed new Public Works building today. Mr. Davis pointed out a recognition to Mr. Glenn A. Edwards, Director of Public Works, that is now hanging on the wall. Mr. Edwards enrolled in a 14 week program and the award was made on the basis of outstanding performance as determined by vote of class members, and instructors. Congratulations were offered by the Commission and audience. The City Manager advised that Marcoa Publishing Inc. had submitted a request (with the blessings of the Commanding Officer of the Naval Staticn at Mayport) that the City of Atlantic Beach place an ad in their magazine that depicts,for the benefit of all new arrivals on the Mayport station, the facilities that the beaches cities have available for newly arriving personnel. Jensen x Motion: Authorize purchase of an ad in the Marcoa Publishing, Inc. Mhoon x x magazine. Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x PAGE TWO V V MINUTES Names of JANUARY 26, 1981 Commrs. M S Y N - - -. New Business A. Letter from Atlantic Beach Little Major-Minor League Mr. Davis read a letter from Mrs. Clare A. McCreary, President of Atlantic Beach Little League thanking the city for the many services rendered to the Atlantic Beach Little League. Their season opens March 15, 1981 and they will this year host the district playoffs anc possibly the state playoffs. The City Manager then recognized Mrs. McCreary who presented a check, in the amount of $2,000. to the Mayo/ to help in fixing and repairing items badly needed on the baseball field and building. Mrs. McCreary asked that the City accept the check with no strings attached, that it was only their small way of saying "Thank You" to the City of Atlantic Beach. Mayor Howell thanked her and assured her that every penny would be used to make the necessary repairs. A round of applause was given to Mrs. McCrea/y and the Little League. Unfinished Business A. Mr. George Bull re Selva Marina Garden Mayor Howell advised that at the last meeting a Public Hearing was held on a Planned Unit Development application submitted by Mr. George Bull. The Public Hearing was closed, but action was postpones until this meeting to give the Commissioners time to visit some similar projects. He announced that discussion was open again, and asked Mr. Bull if he had anything further to say. Mr. Bull said that at the last meeting there were objections to the area chosen for the patio homes, and he said that the patio homes subdivision will back up to only two lots of Selva Marina Unit 11. One lot is vacant, and he felt that since the patio homes will have a 6' fence at their property line, there is no way they would be unsightly, or cause embarrassment, or lack of circulation of air to the two lots in question. He added that Mr. Jensen's lot points on the sub-division and backs up to what Mr. Bull refers to as"the commercial property". Mr. Bull said the streets will be un-dedicated so that he does not run the risk of any influence or introduction of people that are on subsidies of any kind. The type of housing that is usually sold to people that the government is helping cannot really afford the house, and there- fore cannot afford to keep them up,and then the area deteriorates. Mayor Howell recognized Mr. John Andresen, Chairman of the Advisory Planning Board to address himself to the concept and Mr. Bull's plan. Mr. Andresen voiced total sympathy with Mr. Bull's program and added that the Advisory Planning Board passed the approval onto the Comm- ission with no restrictions what-so-ever, with the exception of "the so-called commercial strip". Mr. Andresen stated that he had built several patio homes and found nothing wrong with the concept. He used Amelia Island's patio homes as an example of beauty. He added that the Advisory Planning Board had voted unanimously in favor of Mr. Bull's proposal. Mr. Bull then asked Mr. Eberling and Mr. Muese to present their concept of their prospective drawings to the Commission. PAGE THREE V V MINUTES Names of JANUARY 26, 1981 Commrs. M S Y N t Unfinished Business - continued - Mr. George Bull They both presented their drawings, and Mr. Eberling noted the minimum price range would be $75,000- definitely not tenement housing. Mayor Howell commented that he had personally visited Latrium patio homes and their concept is basically the same as Mr. Bull's. In Phase I, a stripped unit starts at $67,500, and the same type of unit in Phase II starts at $69,000. Latrium's plans start at 1175 square feet and lots are in the neighborhood of 43 to 45 feet to 80 feet deep. The Mayor added that most of the home owners are young,married couples without children, singles, or middle aged couples whose children have left the nest. He stated that as far as overcrowding the water system, a few years ago a new water system was built with a million- dollar grant from the government that will provide the city with sufficient water for double its population; as to overcrowding the sewer, the City has already started to participate in the building of a regional sewer treatment plant which is mandated by the Federal Government, and which must be on the line by July, 1983. This 201 project is in cooperation with the Cities of Jacksonville Beach, Neptune Beach, and the City of Jacksonville. As to the garbage problem, the City has laws that the cans are to be placed at the property line , not on the street, and if the law is not being enforced, it should be . Commissioner Minton stated that he had also visited Latrium and founq the patio homes to be very nice and found no fault with the concept. He agreed that the City has a density problem to face, and he felt the City would benefit by allowing a concept such as Mr. Bull's that is done in good taste and combines with the already established properties that are in the area without deteriorating the price value . Commissioner Mhoon expressed concern about the parking, saying you are going into almost a closed compound. He asked how an emergency vehicle would get in if someone was giving a party. Mayor Howell answered that it was his understanding that the streets would be 60' and most of the streets in Atlantic Beach are not that wide. A dis- cussion followed with Mr. Bull explaining to Commissioner Mhoon how and where his streets would be laid out to eventually come out at Selva Marina Drive, just as 19th Street will be paved to Selva Marine. Drive. Commissioner Van Ness stated that she had visited Sawgrass, Amelia Island, and Deerwood, and felt they have been handled very well. As to the density problem, she felt Mr. Bull's concept is by far the better way to handle the situation, rather than with duplex construction. She added that she lived on Sea Oats Drive and apparently she is the only one that places her garbage can at the property line, not on the street. Commissioner Jensen stated that in his opinion the most important consideration for the Commission,is what the people,who are the residents, who they are elected to represent, have expressed to the Commission. He said that he had talked to at least 50 individuals that live in the area, and not one has been in favor. All have PAGE FOUR V V MINUTES Names of JANUARY 26, 1981 Commrs. M S Y N Unfinished Business - continued - Mr. George Bull expressed concern and are opposed to this type of housing in the place where it is located. Commissioner Jensen went on to say that Latrium is beautiful, but there is very little foliage left, and also is located between the Fountains and the Sawgrass golf course - not on the edge of a single-family exclusive residential area. He said the majority of the people living in the area moved there because of the larger lot sizes. Commissioner Jensen expressed the opinion that this would not maintain the residential character that Selva Marina has developed, and did not feel that the residents are in favor of it . He asked the other Commissioners if anyone had approached them on the question. Mayor Howell and Commissioner Minton said no. Commissioner Van Ness added that she could understand the residents disapproval, as she had fought the Sevilla Condominiums approval, She admitted that Sevilla is beautiful, and is simply a different type of elegant housing in an elegant neighborhood. Mayor Howell asked Mr. Bull if he had been given any objections and Mr. Bull stated that he was guest speaker at a Selva Marina organization meeting recently, and outlined his plans to them. Theonly objection -given to Mr. Bull was the commercial strip - they were all against that portion, but Mr. Bull stated that no one objected, to him, on tle patio homes. Mayor Howell asked Mr. Eberling if he planned garages, and Mr. Eberling said yes, that he planned to use side garages that would give a longEr driveway, and felt, that in his opinion, there would be as much, if not more,parking area than in other areas of the City. Mr. Eberling added that he had invested between $500,000 and $600,000 just one block away from Mr. Bull's proposal, by constructing spec.homes and he would definitely not promote a situation that would be detrimental in cosmetic or any other affect. He felt the whole theme is what is important. Mayor Howell then asked for a motion. The motion was moved by Commissioner Minton: Motion: Approve the Planned Unit Development application for Selva Marina Garden as submitted by Mr. George Bull, Sr. Minton x Van Ness x Commissioner Van Ness seconded the motion, and moved for a substitute motion: Substitute Motion: Accept the patio home area and approve the building of the patio homes and in accepting it as a plat Van Ness x to the City of Atlantic Beach, that Mr. Bull dedicate the streets to the City and build them to the city's specifications. There was no second to the substitute motion, so the substitute motion died. The Chair then asked for any discussion on the first motion that Commissioner Minton moved and Commissioner Van Ness seconded. PAGE FIVE V V MINUTES Names of JANUARY 26, 1981 Commrs. M S Y N _ �► ..... Unfinished Business - continued - Mr. George Bull Jensen x The Chair then asked for a vote. The vote was two ayes and three Mhoon x voting no. The motion did not carry. Minton x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell advised that during the meeting of December 22, 1980 the Commission appointed the members to serve on the Code Enforcement Board, but failed to set the various terms of office. The Ordinance provides that two members serve for three years; two members serve for two years, and two members serve for one year. The Mayor suggested the following: Three Years: Charles Cook Howell William S. Wilson Two Years: Fred Mills Harold A. Schultz One Year: Billy M. Arzie Alan Potter Jensen x Motion: The various terms be approved. Mhoon x Minton x x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances A. Ordinance No. 95-81-22 - An Ordinance amending the last paragraph of Section 2 relating to legal services for the Code Enforcement Board (Ordinance No. 95-80-21). Mayor Howell stated that Ordinance No. 95-80-21, passed on November 10, 1981 provides that "An attorney shall be appointed by the City Commission to attend all meetings of the Board and to assist the Board in the conduct of its hearings. An attorney employed in the Law Department of the City, or appointed by the City Commission for such purpose, shall present all cases to the Board." The Mayor added that this would mandate that the City would have to hire an additional attorney to serve in one capacity or the other, and he suggested goirg back and track the state statute by inserting the following: "The City Attorney shall either be counsel to the Codes Enforcement Board or shall represent the City by presenting cases before the Board; but in no case shall the City Attorney serve in both capacities. Each case before the Enforcement Board shall be presented by either the City Attorney or by a member of the Administrative staff of the municipality ". Said Ordinance was presented in full, in writing, and read by title only, on first reading, by Mayor Howell. PAGE SIX V V MINUTES Names of JANUARY 26, 1981 Commrs. MS Y N Action on Ordinances - continued Jensen x x Motion: Said Ordinance be passed on first reading by title only. Mhoon x Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell requested that the rules be waived and present the Ordinance for second reading, on emergency. Commission agreed. Ordinance No. 95-81-22- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE LAST PARAGRAPH OF SECTION 2 OF ORDINANCE NO. 95-80-21 (CODES ENFORCEMENT ORDINANCE tOF THE CITY OF ATLANTIC BEACH, FLORIDA) RELATING TO LEGAL SERVICES FOR THE CODES ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read by title only, on second reading by Mayor Howell. Jensen x Motion: Rules be waived and said Ordinance be passed on second Mhoon x reading, by title only, on emergency. Minton x x Van Ness x x Public Hearing was set for February 9, 1981. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business, the Mayor declared the meeting adjourned. (SEAL) 1/` William S. Howell Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk CITY OF IsitbiL____z 716 OCEAN BOULEVARD-DRAWER 25 ATLANTIC BEACH, FLORIDA 32233 January 26, 1981 CITY MANAGER'S REPORT City forces have almost completed painting of the Racquetball Courts. I would expect the entire courts, including interior floor striping, to be completed within the next week. Due to the extreme and apparently on-going usage of our present facilities at Russell Park, we are making plans for the issuance of resident and non-resident cards. Additionally, the problem of control of said facilities is being insti- tuted. With this in mind, I would respectfully request a meeting within the next week of the Recreation Committee to complete a non- resident fee schedule and consideration of control features. Corner stakes have been set and perimeter lines located on City-owned property north of the sewer treatment plant. City forces expect to be involved in clearing the site layout of the proposed new Public Works building in the near future. Resp fully subm' a-- /7 Bill . Dav s ' City Manager BMD:j1 WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner BILL M. DAVIS OLIVER C BALL MRS. ADELAIDE R. TUCKER CARL STUCKI City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works and Fire Department GLENN A EDWARDS