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02-14-83 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA February 14, 1983 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 24, 1983 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board - Meeting of January 25, 1983, and Meeting of February 8, 1983 A. Change of Zoning Classification Request - Ruth Mae Spivey - Donner's Replat - Block 23, Lots 2 & 3 B. Application for "Use by Exception" - Tim Shea, President, JAHAH, Inc. - Sunrise Community Evangelical Free Church C. Application for "Use by Exception" - Barry and Joseph Adeeb - Restaurant to be Located at 615 Atlantic Boulevard D. Application for "Use by Exception" - Thomas K. Morton and William K. Morton - Restaurant at the Corner of Atlantic Boulevard and Ocean Boulevard E. Application for "Use by Exception" - Leon Beasley - Rite Spot Restaurant F. Application for "Use by Exception" - Jacqueline Gross-Whaley - Lot 8, Block 1, Atlantic Beach - Coffee Garden 5. City Manager's Report A. Item #1 - Audit for Period Ending September 30, 1982 B. Item #2 - Award of Contract - Beach Avenue Resurfacing C. Item #3 - Community Development Block Grant Application - Fiscal Year 1982 D. Item #4 - Acceptance of Improvements - Selva Marina Garden - Selva Marina Garden II E. Item #5 - Approval of Engineering Plans and Final Plat for Aquatic Gardens Subdivision 6. New Business 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 10-83-15 - Amending Chapter 3 of the Code of Ordinances by Amending Section 3-1 Thereof, Concerning the Hours of Sales of Alcoholic Beverages - Third and Final Reading - Public Hearing B. Ordinance No. 90-83-77 - An Ordinance Zoning Property Owned by W. A. Bull to "PUD" District as Defined Under the Land Development Code - Third and Final Reading - Public Hearing Page 2 AGENDA - February 14, 1983 10. Action on Ordinances - (Cont'd) C. Ordinance No. 57-83-9 - Amending Article V of the Atlantic Beach City Charter Entitled "Department of Public Safety" - Second Reading 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON FEBRUARY 14,1983 AT 8:00PM V V PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner 0 0 Robert B. Cook, Sr. T T William I. Gulliford, Jr. E E Catherine G. Van Ness, Commissioners D D AND: A. William Moss, City Manager M S Alan C. Jensen, City Attorney 0 E Adelaide R. Tucker, City Clerk T C ABSENT: John W. Morris, Jr. , Commissioner (Out of town) T 0 Y NAME OF O N E N COMERS. N D S 0 The meeting was called to order by Mayor Persons. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag, Approval of the Minutes of January 24, 1983 Cook x x Motion: The minutes of the regular Commission meeting of January 24, Gulliford x x 1983 be approved as submitted. Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Advisory Planning Board-Meeting of Jan.25th and February 8, 1983 A. Change of Zoning Classification Request-Ruth Mae Spivey-Donner's Replat - Block 23, Lots 2 & 3 The City Manager reported that the Advisory Planning Board met on January 25, 1983 and recommended a change of zoning classification from RG to CL for Ruth Mae Spivey, Donner's Replat, Block 23, Lots 2 and 3. The property will be used for a tailor shop.Discussion followed. Motion:Accept the recommendation of the Advisory Planning Board and Cook x x approve the request made by Mrs. Ruth Mae Spivey to rezone the Gulliford x x property to Commercial Limited with a provision that this is Van Ness X a special case and because of the existing building, that this Persons x is the best use of the property. The motion carried with 3 ayes and one nay by Commissioner Van Ness. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Application for "Use by Exception"-Tim Shea, President,JAHAH,Inc. Sunrise Community Evangelical Free Church The City Manager advised that the Advisory Planning Board at their meet- ing of January 25, 1983 recommended a Use by Exception be granted to the Church. Discussion followed. Cook x x Motion: To approve the request of Use By Exception for the Sunrise Gulliford x x Community Evangelical Church. Van Ness x The motion carried unanimously. Persons x , * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE TWO V V MINUTES Names of FEBRUARY 14, 1983Commrs. M S Y N Advisory Planning Board - continued C. Application for Use by Exception - Barry & Joseph Adeeb-Restaurar.t to be located at 615 Atlantic Blvd. Mr. Moss advised that the Advisory Planning Board recommended at the=r meeting of February 8, 1983 approval of the Use by Exception appli- cation to serve beer and wine with food at Banjo's Restaurant. Discussion followed. Motion:Approve the application for Use by Exception to serve beer Cook x x and wine with food at Banjo's Restaurant. Gulliford x x Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Application for Use by Exception-Thomas K. Morton and William K. Morton-Restaurant at the Corner of Atlantic Blvd, & Ocean Blvd. The City Manager advised that the Advisory Planning Board recommend- ed at their meeting of February 8, 1983 approval of the Use by Exception permit to serve beer and wine with food at Mr. Morton's new restaurant to be located at the corner of Atlantic and Ocean Blvds. Discussion followed on the availability of parking spaces. Motion: Approve the application for Use By Exception permit to Cook x x serve beer and wine with food at a new restaurant to be Gulliford x x located at the corner of Atlantic and Ocean Blvds. Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. Application for Use by Exception-Leon Beasley-Ritespot Restaurant Mr. Moss reported that the Advisory Planning Board recommended at their meeting of February 8,1983 approval of the Use by Exception permit to serve beer and wine with food at the Ritespot Restaurant. Motion:Approve the application for Use by Exception permit for the Cook x x Ritespot restaurant to serve beer and wine with food. Gulliford x x Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. Application for "Use by Exception"-Jacqueline Gross-Whaley-Lot 8- Blk 1, Atlantic Beach - Coffee Garden The City Manager advised that the Advisory Planning Board recommended approval for the Use by Exception permit to serve beer and wine with food with the condition that the City Commission consider placing restrictions on the permit which may be appropriate for problems associated with the lack of customer parking. Discussion followed. Motion: To approve the application for Use by Exception permit to Cook x x serve beer and wine at the Coffee Garden Restaurant, with- Gulliford x x out restrictions. Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE THREE V V MINUTES Names of FEBRUARY 14, 1982 Commrs. M S Y N City Manager's Report I A �' A. Item #1 Audit for Fiscal Year Ending September 30, 1982 The City Manager presented a report from Price Waterhouse with recommendations to improve Internal Accounting Controls and Adminis- trative Efficiency. Representatives of Price Waterhouse were present, John Nichols and Bob McMullen. A discussion was held on the auditor's recommendations concerning computers. Commissioner Gulliford thanked Messrs. Nichols and McMullen for their attendance at the meeting. * * * * * * * * * * * * * * * * * * B. Item #2-Award of Conract - Beach Avenue Resurfacing Mr. Moss reported that capital improvements budget has allocated $60,000 for the repaving of Beach Avenue from Ahern to 16th Street. Three bids were received on February 8, 1983. The low bid was submitted by Vallencourt Paving Company of Jacksonville - $42,099. Bid tabulation is attached hereto and made a part hereof. Commissioner Cook suggested paving as many side streets east and west from East Coast Drive to Ocean with any excess funds. Motion: To award contract for the Beach Avenue Resurfacing Cook x x in the amount of $42,099 to Vallencourt Paving Gulliford x Company and approval of a change order to pave Persons x side streets with the total amount not to exceed the Van Ness x $60,000 budgeted. The motion carried unanimously. * * * * * * * * * * * * * * * * * * * C. Item #3 - Community Development Block Grant Application Fiscal Year 1982 City Manager Moss presented a letter from Larry Stokely, Community Development Administrator stating that Atlantic Beach was not one of the cities awarded a Couuuunity Development Block Grant in the fiscal year 1982. * * * * * * * * * * * * * * * * * * * D. Item #4 - Acceptance of Improvements - Selva Marina Garden - Selva Marina Garden II City Manager Moss advised that the two subdivision projects are complete. Mr. Walter Parks, Consulting Engineer, has determined the improvements at Selva Marina Garden and Selva Marina Garden II to be acceptable. Motion: That the City accept the improvements within Cook x x the right of way for paving and drainage, and Gulliford x x accept maintenance responsibilities for the Persons x water and sewer utilities for Selva Marina Van Ness x Garden and Selva Marina Garden II. The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FOUR V V MINUTES Names of FEBRUARY 14, 1983 Commrs. M S Y N City Manager's Report - continued E. Item #5 - Approval of Engineering Plans and Final Plat for Aquatic Gardens Subdivision The City Manager presented a detailed background on the Aquatic Gardens Subdivision. He stated that the developer had requested the subdivision be approved and the plat be signed. The code does allow plats to be signed before a development takes place:: however, a developer is required to post some type of surety to guarantee that he will build his development in accordance with the recorded plat. Mr. Moss stated that the developer has submitted to the City a letter of credit from Duval Federal Savings in the amount of $336,970 as surety and a letter of credit guaranteeing that the additional means of ingress and egress will be provided as required by the City, should the City so desire within a two and one-half year period. Cutlass Drive is shown on the plans as constructed up to the ditch. The decision was made to show that area as only a dedicated right-of-way. The developer also assured the Commission that the Covenants and Restrictions show that the private driveway shown on the plans to serve lots 9C, 9D, and Lots 10A through 10F will be maintained by the residents along the driveway. Motion: The Aquatic Gardens Subdivision be approved and that a Cook x x construction permit be issued upon final administrative Gulliford x x review of the engineering plans and specifications, and Van Ness x that the final plat be approved and signed after receipt Persons x of acceptable performance security. * * * * * * * * * * * * * * * * * * * * * * * * Unfinished Business Mr. Moss reported that bid openings for the new Public Works Building would be held next week, and hopefully he will bring forth recommendations for awards at the next meeting, Report of the Committees Commissioner Gulliford reported that on Saturday, February 12, 1983, the Commission met as a Committee of the Whole, along with staff, and reviewed the City of Atlantic Beach's sewer operation, both distri- bution and treatment, and all agreed during discussion later at City Hall that steps needed to be taken immediately for not only mainten- ance but also expansion. He then moved for the following: Motion: The City Manager be instructed to pursue the concept of Cook x expanding the plant, with probably a package plant, with Gulliford x x the utmost haste. Van Ness x x Discussion followed before the vote. Mayor Persons stated this would Persons x be Step One to get the package plant on line within one year and then undertake the major repairs of the existing plant. Mr. Moss stated hie planned to present his package plan to the Commission at the next meeting, February 28th, which he has to present to DER by March 1st, and if approved, that will be the policy guidelines. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FIVE MINUTES V V FEBRUARY 14, 1983 Names of Commrs. MS YN Action on Ordinances - Ordinance 10-83-15 AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH BY AMENDING SECTION 3-1 THEREOF, CONCERNING THE HOURS OF SALES OF ALCOHOLIC BEVERAGES, AND PROVIDING AN EFFEC- TIVE DATE. Said Ordinance was read by Mayor Persons in full, in writing, and read on third and final reading. Said Ordinance was posted in line with Charter requirements. Mayor Persons then opened the floor for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Cook x x Motion: Said Ordinance No. 10-83-15 be passed on third and Gulliford x x final reading. The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * Persons x ORDINANCE 90-83-77 - AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED, OWNED BY W. A. BULL, TO PUD DISTRICT AS DEFINED UNDER THE LAND DEVELOPMENT CODE, AND PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Persons in full, in writing, and read on third and final reading. Said Ordinance was posted in line with Charter requirements. Mayor Persons then opened the floor for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Cook x x Motion: Said Ordinance No. 90-83-77 be passed on third and Gulliford x final reading. The motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * Persons x ORDINANCE 57-83-9 - AN ORDINANCE AMENDING ARTICLE V OF THE ATLANTIC BEACH CITY CHARTER ENTITLED DEPARTMENT OF PUBLIC SAFETY, AND PROVID- ING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Persons in full, in writing, and read on second reading by title only. Motion: Ordinance No. 57-83-9 be passed on second reading, by Cook x x title only. The motion carried unanimously. Gulliford x Van Ness x The Public Hearing was set for February 28, 1983 Persons x * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business Commissioner Van Ness asked that the time for the February 28, 1983 meeting be moved up to 6:30 p.m. Cook x x Motion: That the time for the next meeting be moved up to Gulliford x 6:30 p.m. The motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * Persons x Commissioner Gulliford asked the City Manager to get a lumens report on the new lights on Ocean Boulevard. * * * * * * * * * * * * * * * * * * * * * * * * The City Manager regretfully read a letter of resignation from Randy Cravey, Finance Director, effective March 1, 1983. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V V MINUTES Names of FEBRUARY 14, 1983 Commrs. M S Y N - r Commissioner Gulliford moved to adjourn. The motion was seconded Cook x x by Commissioner Cook and carried unanimously. Gulliford x x * * * * * * * * * * * * * * * * * * * * * * Van Ness x There being no further business to come before the Commission, the Persons x Mayor declared the meeting adjourned at 9:11 p.m. (SEAL) 1 01 Ro.ert :. Persons, Jr. Mayor - Commissioner ATTEST:azidat:Le) Adelaide R. Tucker City Clerk 3/0 7. 4 BUL T PROJECT _ ®� City of Atlantic Beach Street Resurfacing B/D DATE February 8, 1983 ITEM DESCR/PTION Dickerson Vallencourt WNJ Paving 1 & 2 Total Base Bid 43 386 42,099 42, 775 NMI s - REMARKS ENG. PRO✓ $60,000 budgeted for project. $55, 330 available for construction. 4 CONS LX.T ifs 13e A7LANTC