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6-1-16 CEB Minutes.pdf
CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—JUNE 1,2016 IN ATTENDANCE Members: Benjamin de Luna, Chair Brenna Durden, City Attorney Kirk Hansen Wayne Flowers, Prosecuting Attorney Louis Keith Jeremy Hubsch, Building&Zoning Director Richard Lombardi Dayna Williams, Secretary Lindsay Norman Don Sasser Chair Ben de Luna called the meeting to order at 6:01 p.m., followed by the Pledge of Allegiance to the Flag. Secretary Dayna Williams read the roll, finding a quorum was present. 1. Approval of Minutes Motion: Approve the minutes of the Code Enforcement Meeting of January 12,2016. Moved by Norman, Seconded by Sasser The motion was approved unanimously. 2. Administration of Oath to Defendants/Witnesses Chair de Luna gave the oath to the defendants and witnesses. 3. Old Business None 4. New Business CASE ID NAME & ADDRESS VIOLATION 16-244 THE CLOISTER OF ATLANTIC Sec. 24-124 (a). -Modifications to previously BEACH CONDOMINIUM approved special planned area districts or master ASSOCIATION, INC. site development plans or planned unit developments (PUD). (a) Changes to the terms or 10 10TH ST conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Chair de Luna asked for a representation of the parties. Prosecuting Attorney Wayne Flowers stated he was here assisting the staff in their presentation. Building and Zoning Director, Jeremy Hubsch, stated he is the interim Code Enforcement Officer for this Hearing. Attorney Paul Eakin stated he is here on behalf of the alleged violator, the Cloister. Mr. Eakin stated he had some preliminary matters he would like to bring to the attention of the Chair and Chair de Luna allowed. Mr. Eakin stated,the Cloister objects to the City Attorney, Ms. Durden, sitting with the Board on the dais, while her law partner, Mr. Flowers, sits with the administrative staff to help present the case. This is a clear violation of Code Section 2-145, and we object to this proceeding going forward and ask for the Board to vote on that and for the Chair to take it up before he moves on to his next item. Chair de Luna stated he would like Ms. Durden and Mr. Flowers to present their positions. Mr. Flowers cited a series of cases to support his position, stating it is not a violation of due process; it is permitted; and it is not unusual in this type of circumstance. Ms. Durden stated she looked at this issue very carefully to ensure that it was acceptable for Mr. Flowers to represent the City in the prosecution of this alleged violation. She stated they were on solid ground based upon the law of the State of Florida and recommended the Board move forward as we are currently postured to do. Chair de Luna asked if this was a decision that could be made by the Chair, and Ms. Durden stated, in her opinion, it does not have to go to a vote. Chair de Luna concurred, denied the motion and stated they should move forward. Mr. Eakin asked if the Chair would entertain his next housekeeping motion and Chair de Luna stated yes. Mr. Eakin stated the Cloister would move to recuse one of the Board members, Kirk Hansen. Mr. Eakin stated he was on the Community Development Board (CDB) and does not feel Mr. Hansen comes here with an open mind to decide the issue. Chair de Luna asked Mr. Hansen if he was in any way prejudiced by his former experience, and Mr. Hansen stated he was ready to hear both sides; did not feel there was any conflict; and has no vested interest in this at all. Chair de Luna stated he thinks they have a member who will be open minded and denied the motion. Discussion ensued. Mr. Eakin stated his next housekeeping measure is regarding the Notice of Hearing he received for this meeting, dated May 19, 2016. He stated it violates our Code, Section 2-147(b) (2), because there is no sworn statement, and he would move to dismiss the Notice and dispense with this Hearing for failure to properly notify under the Code. He provided a copy of his Notice for the Board to review and Chair de Luna denied the motion and asked the City to present its case. Ms. Durden explained the procedures of a quasi-judicial proceeding and all ex parte disclosures were made by the Board. Mr. Flowers stated the issue the Board will be deciding tonight, is whether there is a legal requirement, included in the original PUD approval for the Cloister Condominiums, requiring the south gate at Beach Avenue and Club be utilized for emergency vehicles only. He stated that is the issue before the Board; does the condition exist and does it apply to the property, and, if so, has it been violated. Mr. Eakin stated the official plan has to contain all the terms and conditions of the PUD Ordinance and the City cannot find the official plan. He stated if you don't have the official plan,then you don't have a PUD. Mr. Flowers called Mr. Markee to the podium and asked him to state his name and address. The witness stated John Markee, 330 19th Street. Mr. Flowers asked if he was previously employed by the City of Atlantic Beach. Mr. Markee stated yes, he was the Code Enforcement Officer and Mr. Hubsch was his supervisor. Mr. Flowers asked what his duties were in that position and Mr. Markee stated to uphold the City's Ordinances in accordance with the City Codes and the International Property Maintenance Codes (IPMC). Mr. Flowers submitted Exhibit 1 (which is attached and made part of this official record) and asked Mr. Markee to identify what was in the packet. Mr. Markee stated it is the Notice of Violation (NOV) sent February 8, 2016, the Affidavit affirming he mailed the Notice, and a copy of the signed return receipt card. He was also asked to verify all supplements entered by him were correct in which he confirmed. Mr. Flowers submitted a collection of photographs as Exhibit 2 (which is attached and made part of this official record), and asked the witness if he could identify them. The witness confirmed these are the photographs he had taken prior to the NOV being sent and after the 30-day period to comply had expired. Mr. Flowers asked the witness to describe his investigation of the Cloister south gate. The witness stated he observed vehicles exiting the gate, as depicted in the photographs. Mr. Markee stated, as the 30-day period had expired, he sent a Notice of Hearing (NOH) to the Cloister Condominiums on May 4, 2016. Mr. Flowers asked the witness if a Minutes of the Code Enforcement Board on June 1, 2016 Page 2 of 6 copy of the NOH and a copy of the return receipt card were also included in Exhibit 1 (which is attached and made part of this official record) and the witness stated yes. Mr. Eakin cross-examined Mr. Markee, asking him to refer to Exhibit 1 (which is attached and made part of this official record) and read a portion of the NOV letter, dated February 8, 2016. Mr. Eakin asked the witness if it was his position that the condominiums were subject to the terms of the original application, and the witness stated yes. Mr. Eakin asked if he was aware, at the time he wrote the NOV, that there was a PUD Ordinance passed by the City in 1972,and the witness stated no. Mr. Eakin stated,therefore,you were basing the violation on the Cloister Condominiums not abiding by the original terms of its application, not by the terms of the original PUD, correct? The witness stated correct. Mr. Eakin asked the witness to refer to the NOV letter, Sec. 24-124 (a), and asked why he cited that section. The witness stated it was added by direction from Mr. Hubsch. Mr. Eakin questioned Mr. Markee whether he had determined there was an ordinance enacting the PUD prior to writing the NOV letter and Mr. Markee explained the information he had was based on the minutes from 1973; there was no ordinance. Mr. Flowers called Mr. Hubsch and asked him to state his name and business address. The witness stated, Jeremy Hubsch, 800 Seminole Rd. Mr. Flowers questioned the witness about his employment, position, and duties involved. Mr. Hubsch stated he was the Building and Zoning Director for the City of Atlantic Beach and explained his position and duties with the City. Mr. Flowers submitted Exhibit 3 (which is attached and made part of this official record)and asked Mr. Hubsch to identify what was in the packet. Mr. Hubsch stated it is an Affidavit affirming he mailed Notice of Hearings (NOH), who they were mailed to, and a copy of the signed return receipt cards. Mr. Flowers submitted Exhibit 4 (which is attached and made part of this official record), stating it is a certified copy of the January 22, 1973 minutes of the Commission meeting. He asked the witness if he had seen them before and if there was an entry in the minutes concerning the Cloister PUD, and the witness answered yes to both questions. Mr. Flowers submitted Exhibit 5 (which is attached and made part of this official record), stating it is a certified copy of the February 20, 1973 minutes of the Advisory Planning Board. He asked the witness if he recognized the document and the witness stated yes, it is the request for a PUD application on the Hotel Reservation, stating the Board voted that it be moved on to the City Commission. Mr. Flowers submitted Exhibit 6 (which is attached and made part of this official record), stating it is a certified copy of the minutes of the February 26, 1973 Commission meeting. He asked the witness if there were remarks in the minutes concerning the Cloister PUD and the witness stated yes, giving a brief description of the contents. Mr. Hubsch stated it is an application for PUD zoning for Hotel Reservation. Mr. Hubsch stated the property owner, Mr. Butts, would like to construct a condominium not to exceed three stories with only one access to the property, 10th Street, and a lock gate at the southern end of the property at Beach Avenue for emergency use. Mr. Flowers submitted Exhibit 7 (which is attached and made part of this official record), a certified copy of the minutes of the March 12, 1973 Commission meeting, and asked the witness if he had seen the document before. The witness stated yes, and provided a brief description of the remarks. Mr. Flowers submitted Exhibit 8 (which is attached and made part of this official record), a certified copy of the minutes of the July 9, 1973 Commission meeting, asking the witness if he had seen the document before and to describe the remarks. The witness stated yes, he has seen it before; Mr. Butts submitted his plans for final approval under PUD for condominiums to be built; the plans do not deviate from the original proposal and it was moved and carried that the final plans be accepted. Mr. Flowers asked the witness what this series of minutes show in regard to the Cloister PUD application, specifically as it relates to the conditions appended to it. Mr. Hubsch stated it shows the developer, Mr. Butts, Minutes of the Code Enforcement Board on June 1, 2016 Page 3 of 6 was seeking to rezone his property to PUD in order to construct a condominium complex. He stated, in the course of doing that, he made several statements regarding keeping the south gate closed for emergency access only. Mr. Flowers asked the witness if he had been able to locate the actual plan document for the Cloister PUD. Mr. Hubsch stated no, however we have seen what we believe to be a post construction survey that shows the south gate had a very minimal entrance point. Mr. Flowers submitted Exhibit 9 (which is attached and made part of this official record), a survey of the Cloister property, asking the witness if it was the document he was referring to, and the witness stated yes. Mr. Flowers submitted Exhibit 10 (which is attached and made part of this official record), a certified copy of a letter dated November 6, 1986 from the Treasurer of the Cloister Board to the City Manager, Richard Fellows, asking to change the entrance to the complex from 10th Street to Club Drive. Mr. Flowers asked if he located any record showing an application being filed to modify the PUD in connection with this letter, and the witness stated no. Mr. Flowers submitted Exhibit 11 (which is attached and made part of this official record), a certified copy of the minutes of the Commission meeting dated February 12, 1990, asking the witness if he had seen the document before. Mr. Hubsch stated yes, and he described the document as an agenda item, explaining it states Mr. Hines opposed the Cloister's proposal to change the access to the condominium and Mayor Gulliford said the City Commission had not taken any action on the matter when it came before them in 1986. Mr. Flowers submitted Exhibit 12 (which is attached and made part of this official record), a certified copy of a staff report connected with an agenda item dated February 20, 1990, and asked the witness if he had seen the document before and if it deals with the issue of whether the Cloister property is zoned PUD or not. Mr. Hubsch stated he had seen the document, stating it reports that in the absence of any application for rezoning, the Cloister should be treated as a PUD. He added this was from the City Clerk, Maureen King. Mr. Flowers submitted Exhibit 13 (which is attached and made part of this official record), a certified copy of the minutes of the February 26, 1990 Commission meeting, asking if the witness had seen the document before. Mr. Hubsch stated yes, explaining it was a report of old business regarding action on the request from the Cloister to change the main entrance to the complex from 10th Street to Club Drive. He stated, Mayor Gulliford explained the procedure which would have to be followed to amend the PUD. Mr. Flowers submitted Exhibit 14 (which is attached and made part of this official record), a letter from Richard Cox, a former President of the Cloister Condominium Association, and asked Mr. Hubsch if he had seen the document before and to describe the remarks. Mr. Hubsch stated he has seen the document and explained the letter references the June 12, 1996 Cloister Association meeting. He added, it addresses replacing the existing south gate and fence and references that entrance being restricted to emergency vehicles. Mr. Flowers asked the witness if the issue of the use of the south gate came up again in 2003, and the witness stated yes. Mr. Hubsch explained they found minutes in 2003 where Commissioner Beaver stated he desires the south gate be closed. He stated the Public Works Director, Bob Kosoy, indicated it was only temporary, due to construction, and would then be closed. Mr. Flowers submitted Exhibit 15 (which is attached and made part of this official record), minutes of the January 13, 2003 Commission meeting and asked if the remarks he just referenced were included in those minutes, and the witness stated yes. Mr. Flowers submitted Exhibit 16 (which is attached and made part of this official record), a certified copy of the February 17, 2015 CDB minutes, asking the witness if he recognized the document and what does it describe. Mr. Hubsch stated it is the minutes where the Cloister was seeking approval to open the south gate and the Board voted unanimously to recommend denial. Mr. Flowers asked the witness, in summary, to describe the violation that occurred here, and what would be required to remedy it. Mr. Hubsch stated it is a violation of the original 1972 PUD application, which we have seen through the minutes, and the applicants are violating by using the south gate. He stated, to remedy that, Minutes of the Code Enforcement Board on June 1, 2016 Page 4 of 6 they can either comply, thereby closing the south gate, or they can submit an application to go through the PUD modification process. Mr. Eakin questioned Mr. Hubsch about the official plan for the PUD, noting that he never saw the official plan, and the witness stated that is correct. Mr. Eakins asked if he had the building permits, and Mr. Hubsch stated no. Mr. Eakin referenced the Notice of Hearing dated May 19, 2016, which has his signature attested to. Mr. Eakin said, you stated the Cloister Condominiums are subject to the terms of the original application, but where is the application? Mr. Hubsch stated we do not have a copy of the original application; we have the documentation specifically mentioned in the Commission minutes. Mr. Eakin discussed prior Exhibit 10 (which is attached and made part of this official record), a letter from Ms. Dorsey dated November 6, 1986, requesting to change the entrance of the complex to 10th Street. Mr. Eakin submitted Exhibit A (which is attached and made part of this official record), the City Commission minutes dated November 10, 1986, stating Ms. Dorsey came before the Commission to present the reasons they wanted to change the entrance from 10th Street to Club Drive. Mr. Hubsch read the last sentence, stating, following discussion, the Commission had no objections as long as they did not close 10th Street permanently. Mr. Flowers referred to Exhibit 10 (which is attached and made part of this official record), the letter from Ms. Dorsey, and asked Mr. Hubsch if he had found any record indicating that a change to the entrance had ever been done, and the witness stated no. Mr. Flowers asked if the subject was again discussed in the 1990 minutes (Exhibit 11) (which is attached and made part of this official record). Mr. Hubsch stated yes, and read that Mr. Hines said he opposed the Cloister proposal to change the access to the complex and Mayor Gulliford stated the City had not taken any action on the matter when it came before them in 1986. Chair de Luna asked the Board if they had any questions. Mr. Norman stated he has heard testimony covering a 43-year history of this issue coming before some official body of the City of Atlantic Beach almost every decade. He asked Mr. Hubsch, during the time you have worked with this situation, has anyone asked you to explain the mechanism to get the south gate restriction removed. Mr. Hubsch stated yes, explaining they went forth with the process in February 2015 by going to the CDB and asking for the condition to be lifted. He stated the CDB made a recommendation to deny it, then it would have gone to the City Commission. He said the former president, Mr. Gleit, regrouped after that meeting, stating before they went to the Commission they wanted to be better prepared, and they did not pursue a final vote from the City Commission. Mr. Norman asked if they could seek redress on this issue at this point in time. Mr. Hubsch stated yes,they can submit an application to modify the PUD and follow the same process as before. Mr. Eakin called Judy Cebeck, on behalf of the Cloister. Judy Cebeck, 10 106 Street #58, the Cloister Condominiums, stating she has lived there since 1977. Mr. Eakin asked if there was a gate on the south end of the property when she moved in, and she stated no. Mr. Eakin asked did traffic use the south end as an ingress and egress from the property and for how long. The witness stated yes, it was used for about eight years and then came to a stop. Mr. Eakin asked why it came to a stop. The witness stated the property was open on all sides and we had a lot of safety and security concerns. Mr. Eakin asked what did the Cloister do about the issue, and she stated the Board decided to build a barrier to eliminate the ingress and egress from the south end of the property. Mr. Flowers asked the witness if she has ever served on the Condominium Board, and she stated yes. Mr. Eakin asked the witness if the City issued a building permit for the fence she spoke of, and she stated she did not know. Chair de Luna recessed the meeting at 8:06. He reconvened the meeting at 8:21. Minutes of the Code Enforcement Board on June 1, 2016 Page 5 of 6 Mr. Eakin called Lisa Herrold and asked her to state her name and address. The witness stated, Lisa Herrold, 659 Sherry Drive. He asked if she ever lived at the Cloister, and she stated yes, from 1977 to 1989. He asked her if there was a gate at the south end of the property, and she stated, not at the beginning, but a fence was erected sometime during the 1980's. Mr. Flowers asked Ms. Herrold if she was ever on the condominium board during her time at the Cloister, and she stated no. Mr. Eakin called Edward Dutton and Chair de Luna gave the oath to the witness. Richard Edward Dutton, 10 10th Street #57, the Cloister Condominiums. Mr. Eakin asked if he had any recollection of the south end of the Cloister. The witness stated his aunt purchased one of the first units in 1975 and there was no gate at that time. He concurred that a fence was erected sometime during the 1980's. Mr. Flowers asked Mr. Dutton if he lived in the Cloister Condominiums, and the witness stated he lives there now, but it was his aunt who first lived there and they would visit her. Mr. Flowers asked what year he moved in as a resident and he stated 1994. Chair de Luna recessed the meeting at 8:24. He reconvened the meeting at 8:29. Chair de Luna requested closing statements from Mr. Flowers and Mr. Eakin. Both parties presented their closing statements. Chair de Luna asked Mr. Flowers to address Mr. Eakin's comment that his client did not violate Section 24- 124(a), but another Ordinance. Mr. Flowers said he would suggest the old PUD Ordinance has been superseded by the current Ordinance. Chair de Luna asked Ms Durden her opinion and she concurred with Mr. Flowers. Chair de Luna asked the Board two questions; first, from the evidence, do you find there was a condition to close off the south end in this PUD; and second, do you believe there was a violation. Each Board member answered yes or no, including comments. Motion: The Board finds a violation has occurred and orders that compliance be obtained within ten (10) days. Failure to comply will result in fines of$250 for the first day and $250 for every day thereafter while the violation continues to exist Moved by Sasser, Seconded by Norman VOTES: AYE: 5—SASSER,NORMAN,HANSEN,KEITH,DE LUNA NAY: 1 -LOMBARDI MOTION CARRIED 5. Miscellaneous Business None Adjournment Chair de Luna adjourned the meeting at 9:02 p.m. /"..'"'".••• Be amin de Luna, Chair Oar a . Williams, Secretary Minutes of the Code Enforcement Board on June 1, 2016 Page 6 of 6 CITY OF ATLANTIC BFACH 800 SEMINOILI= ROAD ATLANTIc BEACH, FL 32233 MAILING AND POSTING AFFIDAVIT CASE 416 -244 Pursuant to Chapter 162, Florida Statutes and Sec, 2 -147, City of Atlantic Beach City Code of Ordinances, I, John Markee, former Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Violation dated February 8, 2016 and Notice of Tearing dated May 4, 2016, copies of which are attached hereto, were mailed by certified mail, return receipt requested and by first class mail and further that the Notice of Hearing was pasted as follows: Date Posted: �4 KI � 0 ( J Location Posted: TL ,\ A,, t-\ -'(A ( I Jolyn'Markee Fotmer Code Enforcement Officer State of Florida County of Duval The foregoing Affidavit was acknowledged before me this day of June, 2016, by Jahn Markee, who is personally known to me as former Code Enforcement Officer for the City of Atlantic Beach, Florida. "_�k�y�/ Rif_: CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FI, 32233 PHONE (904) 247 -5855 February 8, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70112000000211241086 Ms. Alison Brown 10 10 "' ST APT 64 Atlantic Beach, FL 32233 -5769 Real Estate No. 170237 -0140 CASE NO. 16 -244 Location of Violation: 10 10TH ST 64, Dear Property Owner: Please be advised, Atlantic Beach Code Enforcement has found your property referenced above Lo be in violation of the City of Atlantic Beach, Code of Ordinances, to wit: VIOLATION Sec. 2 -147 (a) (3). - Procedure; enforcement and hearings. (3) Except as provided in subsections (4) and (5) below, if a violation of the codes or ordinances is found, the code inspector shall first notify the violator and give him /her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection (d) or this section. If the violation is corrected and then recurs. or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state. The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation - Application for P.U.D. Public Hearing." At that Public Hearing, it was stated that "there will only be one access to the property; Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D., based on the facts that had been presented to them. After approval Mayer Rowell noted to the developer that "any changes from what was originally proposed must be approved by the City Commission. The Cloisters Condominiums, which were developed as a result of the Hotel Reservation P.U.D. that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (10`" Street) and that the south gate would be used for emergency use. On January 28, 29, and February 1, 2016, the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec. 24 -124 (a). - Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). (a) Changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. The Cloisters Condominiums shall either comply with the terms of their original P.U.D. approval and close the gate, or submit an application to the City of Atlantic Beach to modify the terms of the original P.U.D. This letter requests that the noted violations be corrected by within ten (30) days of the receipt of this notice. To avoid having this case be referred to the Code Enforcement Board, all listed violations on this notice must be in compliance on or before the date established by Atlantic Beach Code Enforcement, The Board may impose fines up to two hundred fifty ($250.00) per day for continuing violations. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance. It is our goal to keep our neighborhoods looking well maintained while protecting property values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach Code Enforcement at 904 247 -5855 if you have any questions or need additional information. Sincerely, John Markee CODE ENFORCEMENT OFFICER Page Number 2 February 25, 2016 i UNITED STATES POSTAL SERVICE 1 g }es a?$�geid .,;,; i a Sender: Please print your name, address, and ZIP +4 in this box City of Atlantic Beach Building Dept. - John Markee 600 Seminole Road Atlantic Beach, FL 32233 F R .i•'e e i s .ie i ti t 1 is ..e „ .i� : •Iiiq; .i!=� • i ! Complete items 1, 2, and 3, Also complete 7A.S t e item 4 if Restricted Delivery is desired. ❑ Agent • Print your name and address on the reverse ❑ Addressee • so that we can return the card to you. Attach this card to the back of the mailpiece, B. iv d by (Printed Name) C, ate of Delivery or on the front if space permits. !P 1. Article Addressed to: D. Is delivery address different from item 1? []Yes - - —S, enter delivery address below: ❑ No Cloister Condominiums of Atlantic Beach clo Ms. Allison Brown, President 1010th Street, Apt. 64 Atlantic Beach, FL 32233 lice Type ,r Certified Mail D Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7011 2000 0002 1124 1086 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595•02 -W60' i UNITED STATES POSTAL SERVICE 1 g }es a?$�geid .,;,; i a Sender: Please print your name, address, and ZIP +4 in this box City of Atlantic Beach Building Dept. - John Markee 600 Seminole Road Atlantic Beach, FL 32233 F R .i•'e e i s .ie i ti t 1 is ..e „ .i� : •Iiiq; .i!=� • i CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING May 4, 2016 Ms. Alison Brown 10 10 °i ST APT 64 Atlantic Beach, FL 32233 -5769 Real Estate No. 170237 -0140 CASE NO. 16 -244 Location of Violation: 10 10TH ST 64, Dear Respondent: CASE No. 16 -244 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7011 2000 0002 0346 5810 Property Address: 10 1 OTH ST 64 Atlantic Beach, Florida The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday, June 1, 2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property laiown as, RE #170237 -0140. International Property Maintenance Code / City Code of Ordinances Sec. 2 -147 (a) (3). - Procedure; enforcement and hearings. (3) Except as provided in subsections (4) and (5) below, if a violation of the codes or ordinances is found, (lie code inspector shall first notify tine violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection (d) of this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to tlne board even if the violation has been corrected prior to the hearing, and the notice shall so state. The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation- Application for P.U.D. Public Hearing." At that Public Hearing, it was stated that "there will only be one access to the property; Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D., based on the facts that had been presented to them. After approval Mayer Howell noted to the developer that "any changes from what was originally proposed must be approved by the City Commission. The Cloisters Condominiums, which were developed as a result of the Hotel Reservation P.U.D. that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (101' Street) and that the south gate would be used for emergency use. On January 28, 29, and February 1, 2016, the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec. 24 -124 (a). - Modifications to previously approved special planned area districts or nnaster site development plans or planned unit developments (PUD). (a) Changes to the terns or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at (904) 247 -5855. You have the right to obtain all attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247 -5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: oil, Dayna L. illians, Secretary Notice of Hearing- Case #16 -244 t Jol Markee, Code Enforcement Officer Page 2 of 2 0 a CD Ln f (r2 sY G M Postage $ E3 fl_I Certified Fee E3 Postmark _ Return Receipt Fee Here (Endorsement Required) E3 Restricted Dellvery,Fee E3 (Endorsement Regwred) O E3 Total Postage & Fees I'Ll sent ra ,-q A� 1 �iZ LJA s� 1°�! { -- - - - - -' l 1 ----�� t-'- or PO Box, No. ID t 0t ° - City, Stafe, ----------------------- I +4 a ., 1 ®Complete items X1,.2, and 3. Also complete A. t it em 4 if Restricted Delivery is desired. MIgnatu X 6, ❑ Agent - Print ournameand address on the reverse y /," I ❑ Addresse so that we can return the card to you. ® Attach this card to.the',back of the mailpiece, B.Aleceived by (Printed ame) C. Date of Deliver or on the front if space 'permits. 1. Article Addressed to: D. is delivery address different from item 1? 13 Yes If YES, enter delivery address below: ❑ No 0 to [e t o strr APz 3. Se Type Certified Mail ❑ Express Mail kht +��czr�^ t C L— ❑ Registered O"Retum Receipt for Merchandise �3 ❑ Insured Mail ❑ C.O.D. CA 5e- L L - 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service label) 7011 2 0 0 0 0002 0 3 4 6 5 810 PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -154 O Y Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) E3 Total Postage & Fees as u $ Postmark Here (20 O Street, Apt. 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", 3,'', . ,,�, �'.; `�� -� n r O rn cn G� D rn n r O rn �v m r) r 0 Ul --q m X V) G) m n r O m �v m n r O m �v m n r O rn �v m \� ) �j�§ �� � ��¥ �l�j \'�� /� � �. /� /� ��� \ ;�� \. � ...�� � � � � � � � � � � � � CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 MAILING AFFIDAVIT CASE #16 -244 Pursuant to Chapter 162, Florida Statutes and Sec. 2 -147, City of Atlantic Beach City Code of Ordinances, I, Jeremy Hubsch, Acting Interim Code Enforcement Officer, City of Atlantic Beach, hereby affirm a Notice of Hearing dated May 19, 2016, a copy of which is attached, was mailed by certified mail, return receipt requested and by first class mail on May 19, 2016, to both addressees as shown thereon. Je emy Huh6ch Acting Interim Code Enforcement Officer State of Florida County of Duval The foregoing Affidavit was acknowledged before me this day of June, 2016, by Jeremy Hubsch, who is personally known to me as Acting Interim Code Enforcement Officer for the City of Atlantic Beach, Florida. EXHIBIT 3 00663953 -I J1 ICJ ... NOTARY BLIC, State of Florida Commission No. My Commission expires: �R Y DAYNAKYAWAMS .; MY COMMISSION # FF 211841 * EXPIRES: August 7, 2018 B=W Thru Notary Pd* Lk deiwrkan CODE ENFORCEMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING, REVISED May 19, 2016 CASE No. 16 -244 The Cloister of Atlantic Beach Condominium CERTIFIED MAIL RETURN RECEIPT Association, Inc. REQUESTED: c/o Stellar Properties of North Florida, Registered Agent 7012 2210 0001 1385 3954 10151 Deerwood Park Boulevard Building 200, Suite 250 Jacksonville, FL 32256 Ms. Alison Brown, President The Cloister of Atlantic Beach Condominium Association, Inc. 10 10 °i St, Apt 64 Atlantic Beach, FL 32233 -5769 Real Estate No. 170237 -0012 CASE NO. 16 -244 Location of Violation: 10 10TH ST Dear Respondent: CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7012 2210 0001 1385 3961 Property Address: 10 10TH ST Atlantic Beach, Florida The Code Enforcement Board of the City of Atlantic Beach was created pursuant to Florida Statutes and exists for the purpose of facilitating the enforcement of the Code of Ordinances. It is comprised of seven citizens of Atlantic Beach who meet regularly to hear allegations of code violations. You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Board on Wednesday, June 1, 2016, at 6:00 pm at Atlantic Beach City Hall, Commission Chamber, at 800 Seminole Road, to answer and be heard to the following alleged violations on the property known as 10 10`h Street, The Cloister Condominium Common Element Parcel O/R 3876 -450, RE #170237 -0012. International Property Maintenance Code / City Code of Ordinances The March 12, 1973 City of Atlantic Beach Commission minutes show that agenda item 8 was "Hotel Reservation- Application for P.U.D. Public Hearing." At that Public Hearing, it was stated that "there will only be one access to the property; Tenth Street and a lock gate at the southern end of this property at Beach Avenue for emergency use." The City Commission then voted to approve the proposed P.U.D., based on the facts that had been presented to them. After approval, Mayor Howell noted to the developer that "any changes from what was originally proposed must be approved by the City Commission ". The Cloisters Condominiums, which were developed as a result of the Hotel Reservation P.U.D. that was approved on March 12, 1973, are subject to the terms of the original application. That application stated that there would only be one access to the property (10th Street) and that the south gate would be used for emergency use. On January 28, 29, and February 1, 2016, the City's Code Enforcement Officer observed and photographed several cars using the south gate freely. This is a violation of the terms of the original approval. Sec. 24 -124 (a). - Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). (a) Changes to the tennis or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Sec. 2 -147 (a) (3). - Procedure; enforcement and hearings. (3) Except as provided in subsections (4) and (5) below, if a violation of the codes or ordinances is found, the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection (d) of this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state. A notice of violation dated February 8, 2016 was provided to Ms. Brown in her capacity as President of the Association. On April 19, 2016, Ms. Brown stated that the Association would not come into compliance with the February 8 "' notice. The Code Enforcement Board may levy fines up to $250.00 per day for the first violation and $500.00 per day for a repeat violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the case could be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing. Upon completing the corrective action required, it is your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance at (904) 247 -5855. You have the right to obtain an attorney at your own expense and to present witnesses in your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact Dayna Williams, Secretary of the Code Enforcement Board within five days of the receipt of this notice at (904) 247 -5810. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ATTEST: Dayna Williams, Secretary c: aveale @stellarproperties.com cloister64 ri aol.com oovseigi_, Notice of Hearing- Case 416 -244 J remy Hubs Planning and Building Director Acting Interim Code Enforcement Officer Page 2 of 2 A. Signature ` // '�' `�J lI ❑ Agent j X gtzo ddressee B. ceived by (Printed C. Dat of D livery -� (Ca 14.E � R— L D. Is delivery, address different from i em 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Se 'be Type Q Certified Mail ❑ Registered Y3ui Ib BCD, .-j+- - NC!I} ❑ Insured Mail (OeV�94P 5� tfSD„ U. �l c rL 3 a �,i 4. Restricted Delivery2 (E. f for Merchandise` A Certified Fee r-=i postmark O Return Receipt Fee Here C3 (Endorsement Required) C-3 Restricted Delivery Fee !Endorsement Required) tr J M Lr) I CO rr} Postage $ r=1 Certified Fee r-1 O Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) C3 ru Total Postage & Fees 6 q& S Postmark Here ru Solrt t 10 rlii5o„ -O C9+ V73ti+�zw3 1i�4lIpiS1IPL(�Wy�c �v%o r9 } ..... L .. .... ............................... Street Apt. No.; yCpL, y`rC O or PO Box No. I',- ---- - SZ r 6� ............................... Cty ZIP +4 ¢,,,,, , 3e"4, FL 3d -a-33 - 57 &q Complete items-1,j,2; -mod 3:Wso complete item 4 if Restricteth13101very is desired. IN Print your name �nO.�., dress on the reverse so that we can return= a card to you. N Attach this card to the back of the mailpiec or on the front if space permits. 7" ( ❑ Agent O ti ❑ Addressee i B. Received by (Printed Name) C. Date of Delivery 1. 1. Article Addressed to: �m T►e.e(atSYe� � R�IA'N1lC gtaai.{. ('A✓�dov4+ ,_�' �'t'f ►avT1 � Sc� } Fi_ X22 33 —,�'7 64 rl DI-I #IL V address different from item 17 ❑ Yes nter delivery address below: ❑ No 761 ice Type ertified Mail ❑ Fxpress Mail • Registered VReturn Receipt for Merchandise • Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 2210 0001 1385 3961 (Transfer from service label) N NI UNITED STATES „OSTAIsSERVICE First -Class Mail Postage & Fees Paid 211 1144 � `� LISPS Permit No. G -10 ® Sender: Please print your name, address, and ZIP +4 in this box • CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 NOR Revs y 11, I' II' Il I1I1I' 11 Ii1!' I�il!' �II��� "'I��1111'I!1'11IIIsil�ss rXH1B1'1" 4 MINUTES Or TRE: MEETING OF THE ATLANTIC B7AC11 CITY CC7!y. ISrtIaI7 f? u) AT THE CITY HALL ON MONDAY, JANVARY 22, 1973, AT 6:00 P. M. PRESENT: William S. Howell, Mayor - Commissioner R. R. Rosborough, 11 L. W. 11inton, Jr. -• Arrived Late TFATE OF FLORIDA DUVALCOUN Y I, bhe urtdersigned Clty Clerk for the City of Allenlic Beech F. W. Fogg Duval County, Florida, do hereby certify the wllhIn and foregoing is a true and D. W4 Speed, Commissioners GOndet copy of the original as It appears on record and-fRo In the offlce of the City Clark forAtlentic Reach, Witneas nay hand and official seal of AND R. C. Vogel, City Manager the City ofAtientIc ®each, Florida, this 5� Oliver C. tali., City Attorney '3 day of Adele S. Crage, City Clerk l7 12�'ti City C ark AaSZNT.- Nano The meeting was called to order by Mayor - Corms loner, Mr. Howell. The invocation was given by Mayer Howell, follow cd by the pledge to the flag. The minutes of the meeting of January 8, 1973, were approved as written upon motion of Commissioner Rosborough, seconded by Com— misni.oner Speed and carried. The minutes of the Special Called Meeting of January 12, 1973, were approved, an written upon motion of Commissioner Speed, seconded by Commissioner Rosborough and carried. !Mayor Howell recognized visitors and called for any business from the floor not on the agenda. There was none. Bids on Police Cars were received as follows: Nimnicht Cheerrolet Company 1 Del Air Station wagon 2 Polico Cars Total with BQ1 nir $3,355.43 $5,850.20 a5,850.20 $9,205.63 1 Chevelle Station Wagon S3,046.00 Total with Chovellc $8,896.29 Thor Chevrolet Inc. Total Did with Chevelle $01591.65 Additional for Del Air Station Wagon 392.00 Total $8,983.65 W 5d MINUTES JANUARY 22, 1973 PAGE TTIO Commissioner Fogg moved the bids be referred to Committee for study and recommendations, seconded by Commissioner Rosborough and carried. Mayor Howell appointed Commissioner Minton, the City Manager and the Chief of Police to study the bids and report back to the City Com- mission at the next meeting. Bids on Garbage Trucks were received as follows: Lynch - Davidson $17,357.90 Florida Equipment Co. $21,938.00 Thor Chevrolet, Inc. $16,900.00 Commissioner Fogg moved the bids be referred to Committee for study and recommendations, seconded by Commissioner Rosborough and carried. Mayor Howell appointed Commissioner Rosborough, the City Manager and Mr. Hilliard to study the bids and report back to the City Commiss- ion at the next meeting. Mr. Butts appeared before the Commission with an application for Planned Unit Development for part of Hotel Reservation East of The Place By The Sea. Mr. Butts presented the Commission with drawings for a condominium on 3.7 acres of land. There was discussion following which Mayor Howell stated that under the "P.U.D." ordi- nance the City would receive the application and refer this to the Advisory Planning Board. Commissioner Rosborr, ,h moved, seconded by Commissioner Fogg and carried that the application be received and referred to the Advisory Planning Board for their recommenda- tions. The next item on the agenda was a request from Mr. Richard Hamilton for sewer and water service to 1609 Beach Avenue, north of the City Limits of Atlantic Beach. After lengthly discussion, Mayor Howell stated that he did not think the City could continue to allow this particular thirkj because the City will wind up with in- dividual sewer lines running up to North Atlantic Beach, outside of our City Limits, and it will create a maze of sewer lines all over the place. Mayor Howell suggested that the City Manager handle this until some master plan is worked out that will be satis- factory with the City. Commissioner Fogg moved, seconded by Com- missioner Rosborough and carried that Mr. Hamilton be allowed to get with the City Manager to do whatever the circumstances justify. Mayor Howell stated that since Mrs. Mary Pace's appointment was for one year there was now an opening on the Advisory Planning Board for a four year term of office. It was moved by Commissioner Speed, seconded by Commissioner Fogg and carried that Mrs. Mary Pace be appointed to the Advisory Planning Board for a four year term. MINVrES JANIRRY 22, 1973 PAGE THREE Mr. Wilson appeared before the City commission requesting a variance with regard to minimum square feet requirements. His property is located in Section H, Lots 174, 175 and 175. After discussion and the recommendation from the Advisory Planning Board, Commissioner Fogg moved, seconded by Commissioner Rosborough and carried that Mr. Wilson be allowed a variance to build a 1,000 square foot house on his particular lots. Mr. Vogel reported that John Hanna requested that he be allowed to construct in the Donner Subdivision, adjacent to Donner Park, twelve Living units in an un- plated area containing 84,000 square feet located on Church Road and'George Street. The property extends West on Church Road 400 feet from George Street and South on George Street 210 feet from Church Road. Mr. Hanna would like permission to pave a strip parallel with the South property which abuts Donner Playground. This would permit continuous access to Dudley Road from Mayport Road to Mealy Lane. in the discussion it was brought out that this paved strip would have to go through our playground if it joined the two Dudley Streets. The property construction complies with existing zoning, Southern Standard Building Codes, etc. Commissioner Fogg moved, seconded by Commissioner Speed and carried, that we postpone this request until the City has drawings and plans showing exactly what Mr. Hanna plans to do. Mayor Howell presented and read in full Resolution No. 73 -2 cover- ing burning of 10- 3.90'/. General Obligation Sewer Ponds in the amount of $10,000.00, said bonds bearing maturity date of April 1, 1972 and bond interest coupons which were redeemed in 1972. Commissioner Fogg moved passage of said Resolution, seconded by Commissioner Speed and carried. Copy of Resolution No. 73 -2 is attached hereto and made a part hereof. Mayor Howell presented and read in full Resolution No. 73 -3 covering burning 9 -33f% Utility Revenue Bonds and Revenue Bond interest coupons redeemed in 1972. Commissioner Speed moved for passage of said Resolution, seconded by Commissioner Fogg and carried. Copy of Resolution No. 73 -2 is attached hereto and made a part hereof. Mayor Howell presented and read in full Resolution No. 73 -4 covering burning Sewer Bond Coupons (1971 issue) redeemed in 1972. Ccmmiss- ioner Speed moved for passage of said Resolution, seconded by Com- missioner Rosborough and carried. Copy of Resolution No. 73 -4 is attached hereto and made a part hereof. N MINUTES JANUARY 22, 1973 PAGE FOUR Mr. Hilliard stated that he had talked with the City Manager con- cerning Pecan Grove. He stated that when people want water and sewer outside the City Limits of Atlantic Beach that the City does not want any easements on their property. He also stated that theio was a broken sewer line at Pecan Grove several days ago be- cause of more construction and they called the City of Atlantic Beach to fix it. He stated he wanted something on record that when water and sewer service is installed it stops at the property line and the City's responsibility stop. Mayor Howell stated that our responsibility should stop at the West line of Mayport Road and anything beyond that point is private property and it is the owners responsibility. It was moved by Commissioner Fogg, seconded by Commissioner Rosborough and carried that our responsibility on sewer and water lines stop at the right of way and anything beyond that point will have to come before the City Ccmmission for consi- deration. Commissioner Fogg stated that last year we voted to contribute money to the Beaches Pop Warner Football Association in the event we re- ceived our Revenue, Sharing. After lenghtly discussion concerning Revenue Sharing, it was moved by Commissioner Fogg, seconded by Commissioner Speed and carried that the City Manager be instructed to disburse $1,000.00 from Account 9 -1012 for the Beaches Pop Warner Football Association. The vote was: Aye - Commissioners Fogg, Rosborough and Spud Nay - Mayor - Commissioner Howell Mayor Howell stated that the records were to show that Commissioner Minton arrived. Commissioner Rosborough asked the City Manager what progress has been made on the Condemnation Notice sent on Lots 277, 278, 279 Saltair, known as 351, 345 and 341 Seminole Road. Mr. Vogel re- ported'that certified notices had been sent but that the City has received no communication concerning this property. Resolution No. 73 -5 was presented levying and imposing special con- ditions-on Lots 277, 278 and 279 Saltair. Commissioner Rosborough moved for passage of said Resolution, seconded by Commissioner Fogg and carried. Copy of Resolution No. 73 -5 is attached hereto and made a part hereof. There being no further business Mayor -H all I the - eting adjourned.. ; !I ATTEST 1r;' n n � Y �J (U ° fioweZl, Mayo Adele S. Grage, City Cl& k Ra rM WHEREAS, the City..has redeemed 10 -, 3.901/. General Obligation Sewer Bonds in the amount of $10,000.00, said bonds bearing maturity date of April 1, 1972, and WHEREAS, the City has redeemed Sewer Bond interest coupons which have become due through 1972. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, 'FLORIDA, that the follow- ing numbered bonds totaling $10,000.00 in value be burned: Numbers 61 through 70 and that, The following numbered interest coupons be burned: Coupon #27 from Bonds 186 -200, 211 -215, 241-260 Coupon #28 from Bonds 61 -110, 121 -233, 239 -300 Coupon #29 from Bonds 71 -110, 121 -185, 201 -215, 221 -230, 233 -252, 254 -255, 257 -300 The above and foregoing Resolution passed by the City Commission on January 22 1973. 71 ttest: Adele S. Grage City Clerk (SEAL) RESOLUTION 73 -3 M WHEREAS, the City has redeemed 9 3'W% Utility Bonds in the amount of $9,000.00, said bonds bearing maturity date of March 1, 1972, and WHEREAS, the City has redeemed Utility Revenue Bond interest coupons which have become due through 1972. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the follow- ing numbered bonds totaling $9,000.00 in value be burned: Numbers 96 through 104 and that, The following numbered interest coupons be burned: Coupon #34 from Bonds 202 -231, 96 -191 Coupon 435 from Bonds 105 -191, 202 -231 The above and foregoing Resolution passed by the City Commission on January 22 1973. Attest: Adele S. Grage City Clerk (SEAL) RESOLUTION NO. 73-4 WHEREAS, the City has redeemed Sewer Bond (1971 issue) interest coupons which have become due through 1972. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUN'T'Y, FLORIDA, that the following numbered interest coupons be burned: Coupon #1 from Bonds 1 -500 Coupon #2 from Bonds 1 --192, 197 -500 The above and foregoing Resolution passed by the City Commission on January 22 1973. Attest: Adele S. Grage City Clerk ( SEAL) RESOLUTION NU. 73 -5 A RESOLUTION LEVYING AND IMPOSING SPECIAL CONDITIONS FOR VIE REMOVAL, SUPPRESSION OR ABATEMENT OF A DANGEROUS UNSAFE, DILAPIDATED OR UNS&NITARY STRUCTURE, PURSUANT TO .. 711E PROVISIONS OF ORDINANCE NO. 25 ®67 -6 OF THE CITY OF ATLANTIC BEACH, FLORIDA, AGAINST THAT CERTAIN PROPERTY THAT IS HEREBY DECLARED TO -BE A PUPLIC NUISANCE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, to be a dangerous, unsafe, dilapidated and /or an unsanitary struc- ture, occurrence or condition as described and specified to the ovrnera and interested parties by written notice heretofore served, pursuant to the provisions of Ordinances No. 25 -67-6. SECTION 2. That the aforesaid conditions constitute a public nu eance. nECTION 3. The City Manager, or his duly authorized argent, ie hereby ordered to: Clean up construction debris and install sufficient fill dirt and dig sufficient ditches to cause drainaac and= in general, _ put above described pro2erty in a safe, secure, and acceptable condition to alleviate the unsightly condition that presently prevails. SECTION 4. The City Manager, or his duly authorized agent, shall cause a true copy of this Resolution to be Posted upon the premises and a true copy delivered or mailed to the owner and interested parties. SECTION 5. This Resolution shall take; offect immediately upon its passage. Adopted by the City Commission of the Cityy of Atlantic Beach, Florida, on" the 22•th day of January 1t) 73. (SEAL) Ad410 S. Grage, City C erk r. -1C MINUTES OF THE ADVISORY PLMTNING BOARD OF TIE CITY OF ATLPj4TTC BEACH MELD AT THE CITY ML I FEBRUARY 10, 1973, AT 8!00 P . M , PPX-SENT: bir. R. L. Wardrep, Chairman Mrs. Jan Tierney firs. Mary Pace, Members A13D Mr. R. C. Vogel, City Pjanager Mr. F. W. Fogg, Commission Coordinator ABSENT. fir. Glover Weiss The meeting was called to order by the Chairman, Air. Wardrep, le asked Mrs. Pace to read the minutes of the previous Meeting and the board approved the minutes as written. The first topic for discussion was a platting of acreage by 1-ir. John Hanna. The acreage is located in the Danner Sub Division on Church Road, George Street, and the city play7 ground. fir:; °• i',';i,nna revised his original ,plan of 12 lets to 8 lots thereby increasing the size of the lots and eliminating tho paved street parralel with the south property line which abuts Danner playground. The new plan was approved by the Planning Board and recommended to the Commission that it be approved. Tho request of Mr. Butts for a. P.U.D. application on the hotel Roservation which is presently zoned Business R -1 was ("11 taken under conrideration by the Board. Air. Butts explained that he would lake to construct a condominium consisting of 66 units not to exceed 3 stories in height, with approximately 2.6 parking spaces per unit. After discussion, which covered, numerous related subjects, the Board, considering the use that can be put to the land under present zoning and the undesirable affect that such would have on the city, decided that the proposed use would be more desirable than any use now possible under existing zoning. Several people in the audience voiced opposition and expressed their desire that the property be zoned for single family residence. An attempt was made to explain thatthis would be depriving the owner of the highest and best use of the property and, inasmuch as the property had been zoned for hotel use prior to the inco['poration of the City, it was felt that any attempt to lessen the value of the property by re-zoning to single family would meet with failure in a court of competent jurisdiction. The Board, therefore, voted unanimously to recomrmcnd to the Commiss;.on that the present plan as presented bf a.pprovod. STATE OF FLORIDA VUVAL COUNTY I, Iho undereigned CI1y Gott fur tho City of Atlantic Beach, auve,l County. Florldn, do heroby cedry ilia Mthln and EXI -IfBIT S foregoing IB a trite and wrrect of VW original as It awaars on record end f ii In thouos of the City Geri( for Atlantic Beach. W*100i my hand and offiGei seal of the City ofAUantic Seam, morida, City Cierft �a February ,W, 1973 Page Two Mr. Bull presented preliminary plans with a request that the Bull Airport property be placed under P.U.D.. He pointed out that the present zoning.of the airport property is Residence D and the property immediately east.of Bull Airport abutting the lagoon was zoned AA. He proposes to build cluster homes adjacent to the lagoon and sub - divide the airport property into single family lots. It would.differ, however, from a conventional subdivision in that all property in the complex would be under a Condominium Association that would be res- ponsible for exterior perpetual care. The Board, after lengthy discussion, looked favorably upon the entire projects however, they decided to withhold a recommendation to the City Commission until additional dialogue could be developed concerning the cluster housing occupying the area presently zoned AA. There being no further business the meeting was adjourned. �j STATE OF FLORIDA DUVA L C70UNTY i, the undersigned City Clark for the tatty of Atlentiv Beach, Duval County, Florida. do har4py Co� the � Within n and foregoing is a true and corr'gct copy Clark appears an record and 010 In the offlGe of the City for Atiantle Beach. Witness my hand and official coal of lice City of Atlantic Beach, f' OW% this r� day of 1 20�'_.. City Clerk PSINZ]TES OF THE REGUTAR MtETING OF 'n1E ATLMUIC BMCH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, FEBRUARY 25, 1973, AT 8:00 P.M. PRESENT: William S. Howell, Mayor R. R. Rosborough, II L. W. Minton, Jr. F. W. Fogg D. W. Speed, Commissioners AND R. C. Vogel, City Manager Oliver C, Ball, City Attorney Adele S. Grage, City Clerk ABSENT; None The meeting was called to order by Mayor-commissioner, Mr. Howell. The ,invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of February 12, 1973, were approved as written upon motion of Commissioner Rasborough, seconded by Commissioner Minton and carried. Mayor Howell recognized visitors and called for any businens from the floor not on the agenda. There was none~. Under correspondence the City Commission received a letter request - ing zoning for the Southwest Corner of Tenth and [ocean Boulevard, Part of Hotel Reservation. The request for re- zoning is based upon: (1) the large size of the lots 8G.97x103.82'x115'x1001 (2) the proximity of other multi - family units - namely the Place by the Sea Apartments located directly across Ocean Boulevard; and (3) the high cost and value of the lot makes it uneconomical to build a one family residence upon it. Mayor Howell rotated this property is located on the Southwest corner of ocean Boulevard and Tenth Street and thin request would be a matter of spot zoning. At this time, Mr. Joseph J. Joseph, Jr., part owner of the property appeared before the City CommissIon. "HIBIT 6 MINUTES FEBRUARY 26, 1973 PAGE TWO He stated in talking with the City Manager, Mr. Vogel indicated that the proper thing to do with this property is to request it be placed under the P.U.D. Ordinance. Mr. Joseph said that he wished to modify his letter to the City Commission and request P.U.D. zoning rather than a request for spot zoning and in addition, change the wording from duplex and townhouses to two unit condominiums. Commissioner Speed stated that perhaps the owners might contact some of the neighbors in the area and get their feelings and comments. After lengthly discussion, Commissioner Rosborough moved, seconded by Commissioner Fogg and carried that this request for P.U.D. zoning for the Southwest Corner of Tenth and Ocean Boulevard, Part of Hotel Reservation be referred to the Advisory Planning Board for their recommendations. Mayor Howell stated that the Advisory Planning Board should be informed of several other request for spot re- zoning in that particular area that have consistently been turned down by the City Commission. The next item on the agenda was Mr. George Bull's request for land development. Mr. R. L. Wardrep, Chairman of the Advisory Planning Board, reported the Board had met with Mr. Bull on February 12, 1973 and the Board had looked very favorably on his entire project. The only thing the Board requested is they wanted to look further into the matter of cluster housing. Commissioner Minton moved, seconded by Commissioner Speed and carried that under the Planned Unit Development Ordinance the City Commission accept the applica- tion and tentative plans and set a Public Hearing. Mayor Howell stated the Public Hearing will be scheduled for March 26, 1973, £3:00 P.M. at the City Hall. Mr. Wardrep reported on the recommendations from the Advisory Planning Board on platting of acreage by Mr. John Hanna. The acreage is located in the Donner Subdivision on Church Road, George Street and the City Playground. Mr. Hanna revised his original plan of twelve lots to eight lots thereby increasing the size of the lots and eliminating the paved street parallel with the south property line which abuts Donner Playground. Mr. Hanna presented his tentative new plans to the City Commission. After lengthly discussion, Commissioner Fogg moved, seconded by Commissioner Minton and carried that the City Commission accept the Advisory Planning Board's recommendation and authorize the Mayor and City Clerk to sign the plat when it is properly completed. MINUTES FEBRUARY 26, 1973 PAGE THREE Application for P.U.D. zoning for Hotel Reservation, East of Place By The Sea, was reported on by Mr. Wardrep. Mr. Butts has obtained the property which used to be the old Atlantic Beach Hotel site. Mr. Butts would like to construct a condominium consisting of 66 units not to exceed three stories in height with approximately 2.6 parking spaces. There will be only one access to the property down Tenth Street and a lock gate at the southern end of Mr. Butt's property at Beach Avenue for emergency use such as fire protection. After discussion, Commissioner Fogg moved, seconded by Commissioner Speed and carried that under the Planned Unit Dcvelopirent Ordinance the City Commission accept the application and tentative plans and set a public hearing. Mayor Howell stated the Public Hearing will be scheduled for March 12, 1973. Mrs. Grace Roberson appeared before the City Commission with a re- quest to abandonment of Easement, Lots 820 - 821 -843, Section 3 Saltair Subdivision. She stated the easements are now under the houses. Mr. Ronald Altman obtained a building permit from the City of Atlantic Beach and they have actually been abandoned, but to get the records clear and off the title insurance policy Mr. Altman needs to get the necessary rapers from the City of Atlantic Beach to present to the title company so they can take it off the title binder. Mayor Howell stated this goes back to the old deed re- strictions or deed covenants. Mrs. Roberson stated it was done by the Saltair Development Corporation. In the discussion it was brought out that the abandonment should be from Lots 830 through 050 Saltair Subdivision. It was moved by Commissioner Minton, seconded by Commissioner. Rosborough and carried to abandon the easements on Lots 810 through 850 Saltair Subdivision and that the Mayor and City Clerk be authorized to sign the necessary abandon - ment. Mr. Vogel reported cn the sidewalk along Seaspray from Sailfish east tc Seminole Road stating he had discussed this with Mr. Hilliard, Director of Public Works, and they have come to the conclusion that inasmuch as the land abuting Seaspray has been converted back to acreage and there are no plans for developing it at this time, so instead of paving the street an asphalt sidewalk four feet wide abuting the property on the same side of the street as the sewer line will be constructed. It was moved by Commissioner Minton, seconded by Commissioner Rosborough and carried that a sidewalk be constructed from Sailfish Drive cast to Seminole Road on Seaspray. MINUTES FEBRUARY 26, 1973 PAGE FOUR Mayor Howell presented and read Resolution No. 73--9 appointing Gloria June Knight Acting City Clerk with a beginning salary of $7,624.00 effective March 1, 1973. Commissioner Minton moved for passage of said resolution, seconded by Commissioner Fogg and carried. Copy of Resolution No. 73 -9 is attached hereto and made a part hereof. Mayor Howell presented and read Resolution No. 73 -10 appointing Adelaide R. Tucker Assistant City Treasurer - Comptroller effective March 1, 1973. Commissioner Minton moved for passage of said Resolution, seconded by Commissioner Rosborough and carried. Copy of Resolution No. 73 -10 is attached hereto and made a part hereof. Mayor Howell presented and read Resolution No. 73 -11 appointing Mary S. Fletcher Assistant City Clerk effective March 1, 1973. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73 -11. is attached hereto and made a part hereof. Mayor Howell stated regretfully that this will be Mrs. Adele S. Grage's last official meeting of the City Commission as City Clerk after some thirty -one years. She will go into a leave of absence commencing March 1, 1973. Mayor Howell stated that he was certain we all hate to see her go and trust that she will be happy in her retirement. At this point Mayor Howell turned the meeting'over to Mrs. Grage. Mrs. Grage stated that City Hall was "home ". Commissioner Minton said that since he was one of Mrs. Grage's old boys, and it goes back a long time, that it would not be the same at City Hall without her. She received applause from the City Commission along with all the citizens present. Cc,r-r..issioner Fogg stated that he thought it would be appropriate if the City Attorney would write a letter to the President of the United States expressing our thanks and gratitude in bringing about a Viet Nam cease fire. It was moved by Commission Fogg, seconded by Commissioner Minton and carried that the City Attorney be in- structed to write a Resolution to the President expressing cur thanks and gratitude in bringing about a Viet Nam cease fire. There being no further business Mayo owcl ed the meeting ^ .adjourned.- f ATTEST: Jilli m Howell, Mayor Adele S. Grage, City C1 k RESOLUTION NO. 73 -9 i"�' BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Section I. Gloria June Knight be appointed Acting City Clerk effective March 1, 1973. Section II. Be it further resolved that the beginning salary shall be $7,624.00. Passed by the City Commission on February 26 , 1973. ATTEST; (SEAL) � J. Adele S. Grage, City Cler 0 RESOLUTION NO. 73 -10 r BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Section I. Adelaide R. Tucker be avpointed Assistant City Treasurer- Comptroller effective March 1, 1973. Passed by the City Commission on February 76 , 1973 ATTEST: (SEAL) Adele S. Grage, City Cler a wd RESOLUTION NO. 73 -11 m BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Section I. Mary S. Fletcher be appointed Assistant City Clerk effective March 1, 1973. Passed by the City Commission on February 26, 1973. ATTEST: (SEAL) J. A�� Adele S. Crage, City Cler w STAVE OF FLOFUDA DUVAL COUNTY 1, the underslpned City Owk for the Cfty of Atlantic Beach, Duval County, Florida, do hproby oarlify the within and ` foregaing Is a true and rwrrect copy of the odginai as it appears on mcorci and Me In the ofte of the City CFark 1 1A H l R l'1' 7 for Atlantic Beach. Witness my hand and official seal of the City of Atlantic Beach, Florida, --•, this _qtr_f day of Mac 20 City Cleric MINUTES OF THE REGULAR MEETING OF THE ATLANTIC 13ZACII CITY COMMISSION IIELD AT THE CITY HALT, ON MONDAY, MARCH 32, 1973, AT 8:00 P. M. PRESENT: William S. Howell, Mayor-- Coirmissioner L. W. Minton, Jr. R, R. Rosba rough, 11 R. W. Fogg V. W. Speed, Commissioners AND R. C. Vogel, City Manager Gloria June Knight, Acting City Clerk A13SEt1T: Oliver C. Ball, City Attorney The meeting was celled to carder by Mayor - Commissioner, Mr. Vowell. The invocation was given by Cormissioner Minton, followed by the pledge to the flag. The minutes of the meeting of February 26, 1973 were approved n t written. Mayor Howell recognized visitors and called for any bu ^inosz. from the floor not on the agenda. There was none. The following bid was presented to the city Commission: Ellis K. Phelps & Company, Winter Park, rlorida One (1) Model 15C5 Comminutor Total Sum, F.O.B. Factory with freight allowed . . . $4,893.00 CoTnissioner "inton moved that the bid for tt Comrintitor bo awarded to Ellis K. Phelps & Company In the amount of $4,093.00 from Account No. 2OS2 Sewer Plant Construction. The motion was sescondcd by Comrisssioner Speed and carried. Mayor Rowell read in full a letter from, Lieutenant Governer Tcm Adams. The Lieutenant Governer presented to the city of Atlantic Deach a Certificate of Achievement in recognition of the City': contributions to the enhancement of Florida's enviroment. Tom Adams stated that the people of Florida should respect and appreciato the good example the City of Atlantic Beach has set in their efforts to- wards abatement of pollution resulting from municipal sewage. Wa MINUTES MARCH 12, 1973 PAGE TWO Mayor Howell presented and read Resolution No. 73 -32 levying and imposing special conditions for the removal, suppression or abate- ment of a dangerous unsafe, dilapidated or unsantitary structure, pursuant to the provisions of Ordinance No. 25 -67 -6 of the City of Atlantic Beach, Florida, against Lots 276, 261, 268 and 269 Saltair Subdivision. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73 -12 is attached hereto and made a part hereof. Mayor Howell stated the City has received Change Order No. 3 from B. B. McCormick & Sons, Inc. on the paving and drainage facilities Selva Marina Subdivision, Unit No. 8, City of Atlantic Beach, Fla. Previous value of Contract, including Change No. 1 and No. 2 $55,460.50 Decrease in Contract value by this change order $ 1,230.00 Net Contract Value $54,230.50 After discussion, it was moved by Commissioner Minton, seconded by Commissioner Speed and carried that the reduction in price of $1,230.00 be approved on Change Order No. 3 from B. B. McCormick & Sons, Inc. At this time, Mayor Howell called on Mr. Butts to make his presenta- tion on his application for P.U.D. Hotel Reservation. Mr. Butts stated he would like to construct a condominium consisting of 66 units not to exceed three stories in height with approximately 2.6 parking spaces. There will be only one access to the property; Tenth Street and a lock gate at the southern end of his property at Beach Avenue for emergency use. Mr. Butts presented copies of his proposed prelirindry plans to the City Commission. Mayor Howell declared the meeting open for a Public Hearing. David Sikes, David Bundy, Pete Mylkes and other opponents of the development questioned the City's ability to provide adequate sewer, water and garbage service. Mayor Howell stated that on all of the above questions the City has adequate service. The Mayor also ex- plained that under the present zoning, which is A «1, providas for hotels or motels. The density of this proposed condominium will be less than 17.5 per acre. At this time, Mayor Howell called on Mr. R. L. Wardrep, Chairman of the Advisory Planning Board for his comments. Mr. Wardrep stated the Advisory Planning Board has studied this proposed condominium and considering zoning they felt this was the best usage of the land. Several citizens asked the MINUTES MARCH 12, 1973 PAGE THREE question as to whether or not the City of Atlantic Beach could purchase the property. Commissioner Speed stated that the City of Atlantic Beach is not in the business of waking land speculations. There being no further discussion, Mayor Howell declared the Public Hearing closed. It was moved by Commissioner Rosborough, seconded by Commissioner Minton and carried to approve Mr. Butts' request for P.U.D. for the remainder of part of Hotel Reservation. Mayor Howell reminded Mr. Butts that even though the plans have been approved, they are still subject to certain things; placement of garbage, etc. Any changes from what was originally proposed must be approved by the City Commission. The next order of business was a request from Marie Rooks of 355 Tenth Street to care for small children in her home between the hours of 8 :00 A.M. until 5:00 P.M. Mrs. Rooks presented the City Commiss- ion a petition signed by the citizens in her neighborhood stating they had no objections. Mayor Howell stated that under the ordi- nance of Residence A zoning you are allowed to conduct this type of operation provided you have the approval of the City Commission. Commissioner Rosborough moved, seconded by Commissioner Minton and carried that the City Commission approve Mrs. Marie Rooks request to keep children in her home during the hours of 8:00 A.M. to 5:00 P.M. subject to approval of the Board of Health and the other necessary boards with a maximum limit of five children. Mr. Vogel presented to the City Commission an invoice from Jax Utilities Construction Company and requested Commission approval for payment. This was an emergency repair that could not wait until the next Commission Meeting. After discussion, it was moved by Commissioner Minton, seconded by Commissioner Fong and carried that the invoice in the amount of $1,285.13 to Jax Utilities Construction Company, Inc. be approved for payment from Account No. 801. Mr. Vogel stated that a couple of years ago we installed concrete tennis courts and since that time we have learned that concrete is not the best thing to build tennis courts. The City has an estimate of approximately $1,125.00 to put a new surface on the last tennis court constructed. After discussion, it was moved by Commissioner Minton, seconded by Commissioner Speed and carried to re- surface the tennis court at Jack Russell Park; the money to be used from Account No. 9 -1012. Mayor Howell instructed Mr. Vogel and Mr. Hilliard to look into the possibilities of constructing more tennis courts East of the present courts and bring this information back to the City Commission. MINUTES MARCH 12, 1973 PAGE FOUR Gloria June Knight presented and read in full Resolution No. 73 -13 expressing the heartfelt gratitude of the City of Atlantic Beach, Florida and the citizens of Atlantic Beach to the Honorable Adele S. Grage. Commissioner Fogg moved for passage of said resolution, seconded by Commissioner Minton and carried. Copy of Resolution No. 73 -13 is attached hereto and made a part hereof. Mayor Howell stated that the City Commission had received a copy of the Audit for 1972 and was pleased that the City of Atlantic Beach is in a sound financial position. There being no further business Mayor Howell declared the meeting adjourned. ATTEST: Gloria Jurk< Knight Acting City Clerk (SEAL) f-- i liam Sr. H well, Mayor RS:5rI.UTIOt1 No. 73-12 r, hr,Gnf,lM011 J,PVYif)Ft AM) IMPOSING SPECIAL CONDITIONS FOR THE REMOVAL, (11. ALATCMENT OF A DANGEROUS UNSAFE, DILAPIDATED OR UNS,,::ITARY STRUCTURE, PURSUANT TO ' THE PROVISIONS OF OPMANCE NO. 25-67 -6 OF THE CITY OF ATLANTIC PEACH, FLORIDA, AGAINST THAT CERTAIN PROPERTY THAT IS HEREBY DECLARED TO PE A i'UPLIC NUISANCE. HE IT. RESOLVED BY IME CITY COMN',1:3SInr! OF THE CITY OF ATLANTIC BEACH, FLORIDA, • ^ECTION 1, It 3s herebv ascertained, determined and declared that : zhe•certain structure, occurrence or condition uoon that certain r'eonerty described as: Lotg_21 1, -.268 % Block = Known an Saltair Empire Home Loans (Street Address) Owner P ?, to be a dangerous, unsafe, dilapidated and /or an unsanitary struc- ture, occurr, nce or condition as described and specified to the otiners and interested parties by written notice: heretofore served, • .oursuant to the provisions of ordnance No. 25 -67 -6. SECTION 2. That thr- aforesaid renditions constitute a public nuisance. `EC'TION 3.• The City Mana ;or, or his d+)ly authorized agent, in her +:by ordered to: Fill the _vacant lot , ir_orininal rnntntir n mr.�or rf- -NPnf- k'dtnr and-debris f 1 . `iECTION 4. The City Manancr, or his duly authorized agent, shall causo a true copy of this- Resnlution to be hosted upon the premises and a true copy dellvcrord or mailyd to thy: owner and interested i partic s. SECTION 5. This Resilutinfl shall take effect immediately upon its Adonted by the City Conimi ssinn of th.a City of Atlantic Deach, Florida, nn the 12th day of March IT3 . �fI?.T.i,) %, - stladc}dx�cxiexDtS� City clerk Gloria June Knight I 'rJ ' • , RESOLUTION 73-13 c a WHEREAS, Mrn. Adele S. Grace bar, served the City of Atlantic: Beach, Florida, since 1941, And; -WHEREAS, Mrs. Adele S. Graye slid serves so effectively and effi- ciently as office clerk that in 19.34 she was named Town Clerk, and,-." WHEREAS, Mrs. Ac: le S. Grade did prove so skillful and capable' as Town Clerk that she was aukc•d to assume the additional duties of *M' Treasurer- Comptroller of tho city of Atlantic Beach with the advent ' �,•„ of•the present City Charter in 1957, and; WHEREAS, Mrs, Adele S. Grade has Avon the respect of her ,;. colleagues, neighbors and fellow citizens by the capable and effectual manner in which she has discharged the responsibilities of her official position, and; F: WHEREAS, Mrs. Adele S. Gracie ha, in addition to efficaciously I•' filling the demanding oblic,ations of her professional life has over the years aerved her co:a:-unity as a leader in religious, environ- mental, health and other civic activities; and WHEREAS, Mrs. Adele S. crape has 1leen an exemplary wife, mother and grandmother while serving as a trustworth public official 1. and productive private citizen; r THEREFORE, BE IT PESOLVED that the City of Atlantic Beach, ; Florida, does through the authority of its elected City Commission ' w: hereby attest to the enorn;ous ccntributions personally and profess- } iolially of Mrs. Adele S. Grade and deer, hereby officially extend the heartfelt-gratitude of the City of Atlantic Beach, Florida, and ' l." the citizens of Atlantic Beach, Florida, to Mrs. Adele S. Grage; w' AND BE IT FURTHER RESCLVED that recognition of such service and Nj.y c devotion be spread upon the Official �'inutes of this body by a copy •�•. ,: hei'®of, and this original resolution be presented to the Honorable Adele S.- Drage, as a small token of appreciation from the citizens ' `vf the 'City of Atlantic Beach, Florida, ; ` '•' +'' ;; Adopted unanimously, by the City Commission of the City of de r' f Atlantic beach, Florida, the twelfth day of March, A.D., 1973. Attesti William S. Powell r 'v � . .,; ' ' • I Mayor- Commissioner � it " :� ,, • :GUria June Knight I • F. W. Fogg "' ';;;, ti {�1tsl irsg.City. Clark Commissioner ° "K - '1f ('���' •�. ai 'J {82+� :: - ; 1 L. W. Minton, Jr. Commissioner y Douglas W. Speed `;A r Corrr i s s ione r ' lei Robert R. Resborough, II •t •;, ''rr•�:,t." r i' Corrr.issioner r`_ -, 20 Miuur ,S CF THE REGULAR MEETING OF THE ATLANTIC FIELD AT THE CITY HALL ON MONDAY, .7L77.Y 9, 1973, STATE OF FLORIDA DUVAL COUNTY 1, 1110 undarslanu[J City Clark for the Clay of Atlantic Beach, Duval Courity, Florida, do hereby certify the within and toregaing la a true and correct copy of the original as It appears on record and ft In the afit a of the City Clark for Atlantic Beach. Witness my hand and official seal of the City of Atlantic Beach. Florlda, this -3 /S/- dayof Trry Cfty BEAM] CA"`, mmTSSION AT 8:00 P. M. PRESENT: William S. fiowoll, Mayon -- Commissioner R. R. Rosborough, 13 L. W. Minton, Jr. F. W. Fogg D. W. Speed, Commissioners AhTD R. C. Vogel, City Manager oli.ver C. Ball, City Attorney Gloria June Knight, City Clerk The meeting was called to order by Mayor- pCommisciioner, Mr. Howell. The invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of June 25, 1973, were approved as written upon a motion cf Commissioner Minton, seconded by Corrastissioner Fogg and carried, mayor Howell recognized visitors and called for any business from tho floor not on the agenda. At this time, Mayor Howell, recognized Mr, Goorge Bull, Jr., who was representing his father, Mr. George Bull, Sr., in rogard to the seventy -three (73) acres which the Bull's applied for F.U.D. zoning at the old Bull Airport. tie stated that the trustees for the internal. Improvement Fund are allowing them to do the dregging and that all the various agencies have given their permission. 14r. Bull asked if the City Commission had come to any decision regarding the swapping of land. in the Lull's original proposal, Mr. Bull st=ated they plan to give 4,7E acres, located next to the Scwer Plant, to the City of Atlantic Beach its exchange for 1.33 acres now owned by the City for the purpose of changing the City Yard site. Mayor Howell stated that the City of Atlantic Roach has rocoived an appraisal but that some information was lacking when the original appraisal was made. The appraisal was based strictly on the proPo` siti.cn that the property was zoned for apnrtmentn, with 20 units to the acre. However* under P.U.p., and the plans the Bull's submitted, the density is much lower. This probably will charge file value of the land and the City Commission in waiting for a new appraioal. EXHIBIT 8 MINUTES JULY 9, 1973 PAGE TWO The next item on the agenda was a letter from Art Reinertson Con- struction Company, Inc., stating they will extend their bid of June 11, 1973, on the water and sewer extensions, Belvedere Street South of David, Saltair Subdivision, for a period of fifteen days. Mayor Howell stated that he did not think this needal any particular action at this time and asked the City Commission to pass over this item. There were no objections. Mr. Howard D. Hahn requested re- zoning off the corner of Main Street and Levy Road on Main Street to the North of Levy Road approximately 600 feet on the East side of Main Street. After discussion. Ccm- missioner Speed moved, seconded by Commission Rosborcugh and carried that the City Commission turn down this request and that it be placed under P.U.D. Mayor Howell read in full Resolution No. 2-73-18, covering assess- ments for sewer and water. to-N Total Cost of Cost Per Lot Cost Per Foct Total Cost of Cost Per Lot Cost Per Foot Sewer Line the Water Line $11,376.00 711.00 14.22 2,136.00 133.50 2.67 Mayor Howell opened the meeting for a Public Hearing and asked if anyone in the audience wanted to speak for or against Resolution 2- 73 -18. Mr. George Bull, Jr. stated that he did not wish to speak against the assessments, but requested that he be given credit for the laterals which he does not need as he plans to petition the City Commission to have his property re- plated back to acreage. Mr. Jack Bennett spoke in favor of the Resolution No. 2- 73 -18. There being no further discussion, Mayor Howell declared the Public Hearing closed. It was moved by Commissioner Rosborough, seconded by Commissioner Minton and carried that the assessments be properly placed against the property, with the exception of the Bull owned lots where they will only be charged for the truck lines. Copy of Resolution No. 2 -73 -18 is attached hereto and made a part hereof. 0 MINUTES JULY 9, 1973 PAGE THREE Mayor Howell stated that at this time the next order of business would be to award the bid to Art Reinertson Construction Co., Inc. as the only bidder on the project. It was moved by Commissioner Speed, seconded by Commissioner Minton and carried that the bid for sewer and water extension - Belvedere, Saltair Subdivision, be awarded to Art Reinertson Construction Co., Inc., in the amount of $12,383.00. Mr. Vogel stated that Mr. Butts has presented his plans for final approval under P.U.D. for condominiums to be built easb of The Place By The Sea, Hotel Reservation. The plans do not deviate from the original proposal presented to the City Commission. After dis- cussion, Commissioner Minton moved, seconded by Commissioner Ros- borough and carried that the final plans be accepted for the con- dominiums to be built east of The Place by The Sea, Hotel Reservation. The City Manager asked the City Commissions concurrance th.t Mr. Walter J. Parks, Engineer, represent the City for the engiieering , inspection and proposed sewer service force main and eight (8) in':� water line to be extended north to the site of Ocean Village One, North Atlantic Beach. He also suggested the feasibility of in- stalling a measuring unit that will record the effluence being re- turned to the City. It was moved by Commissioner Speed, seconded by Commissioner Fogg and carried that the City Manager instruct Mr. Parks to inspect the measuring unit and furnish data for re- quirements that any assurance of the integrity of effluence will not be violated. Mayor Howell read by title only an ordinance for the adoption of the voter registration rolls prepared and maintained by the Consolidated City of Jacksonville Supervisor of Elections as pertaining to the qualified electors residing with the City of Atlantic Beach. After a lengthly discussion, Commissioner Minton moved that said ordinance be passed on first reading by title only, seconded by Commissioner Speed and carried. (Copy of ordinance was presented to the City Commission in writing in full). Public Hearing will beheld July 23, 1973. at 8:00 PM. Citv Hall. Atlantic Beach. (Seal) RESOLUTION NO, 2 -73 -18 WHEREAS, in the opinion of the City Commission of the City of Atlantic Beach, State of Florida, a necessity exists re- quiring the installation of water and sewer lines as here- inafter specified and installing lateral collection lines on and along the same, and WHEREAS, in the opinion of the City Commission of the said City, the property and real estate abutting and adjacent to the street hereinafter mentioned and described will be especially benefited thereby, and the owners of the property abutting and adjacent there to will be fully compensated for the cost of said improvements in the enhancement of the values of the real estate and the property affected by said improvements, and the cost to said property owners in the opinion of the City Commission of said City will be equitable and just in proportion to said increased values, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE SAID CITY THAT improvement shall consist of and include the area known as Saltair Subdivision and be located on Belvedere Street in the 500 feet South of David Street as detailed by vicinity map dated May 30, 1973 as prepared by Walter J. Parks, Jr., indicating sewer and water line extensions to serve property on the Last and West side of the right of way of Belvedere within the above mentioned 500 feet. BE IT FURTHER RESOLVED THAT it is the opinion of said Commission that the cost of installation of water and sewer lines, laterals, manholes, valves, and fittings on said improvement will be just to the property owners thereon and is warranted under a necessity which exists for said improvement, and that the cost of said improvement shall be paid as follows to wits 1. Cash within ninety (90) days without interest or, 2. One -third of the total assessment to be paid without interest within a period of ninety (90) days after completion of the work. One -third to be paid at the end of one year after completion of the work, together with interest at the rate of six (6) percent per annum. One -third to be paid at the end of two years after completion of the work, together with interest at the rate of six (6) percent per annum. BE IT FURTHER RESOLVED THAT the plan adopted by the City Commission of said City to be used for deferring the cost of said improve- ments as applied to the property owners whose property adjoines said street and said improvements shall be according to the front foot plan and rule, provided that if the application of this rule in the opinion of the City Commission of said City, C~ be unjust or unequal, or the result in individual cases in r, assessment in excess of specific benefits received from such improvements, then the City Commission shall adopt such rule of apportionment as shall effect a substantial equality between said owners, considering the benefits received by and burdens imposed on said owners and their respective property. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, THAT the City Manager be instructed to furnish the City Commission an estimate in writing of the cost to the City and to each property owner whose property adjoines said street and said improvements. PASSED BY THE CITY COMMISSION ON: June 25, 1973 (SEAL) - u ATTEST: Gloria une Knight, ity Clerk 0 RESOLUTION NO. ..1 -73 -18 WHEREAS, in the opinion of the City Commission of the City f of Atlantic Beach, State of Florida, a necessity exists re- t quiring the installation of water and sewer lines as here- inafter specified and installing lateral collection lines on and along the same, and WHEREAS, in the opinion of the City Commission of the said _ City, the property and real estate abutting and adjacent to the street hereinafter mentioned and described will,Ve "especially benefited thereby, and the owners of the property abutting and adjacent there to will be fully compensated for the cost of said improvements in the enhancement of the values of the real estate and the property affected by said improvements, and the cost to said property owners in the opinion of the City Commission of said City will be equitable and just in proportion to said increased values, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE SAID CITY THAT improvement shall consist of and include the area known as Saltair Subdivision and be located on belvedere Street in the 500 feet South of David Street as detailed by vicinity map dated May 30, 1973 as prepared by Walter J. Parks, Jr., indicating sewer and water line extensions to serve property on the East and West side of the right of way of Belvedere within the above mentioned 500 feet. BE IT FURTHER RESOLVED THAT it is the opinion of said Commission that the cost of installation of water and sewer lines, laterals, manholes, valves, and fittings on said improvement will be just to the property owners thereon and is warranted under a necessity which exists for said improvement, and that the cost of said improvement shall be paid as follows to wits 1. Cash within ninety (90) days without interest or, 2. One -third of the total assessment to be paid without interest within a period of ninety (90) days after completion of the work. One -third to be paid at the end of one year after completion of the work, together with interest at the rate of six (G) percent per annum. One -third to be paid at the end of two years after completion of the work, together with interest at the rate of six (G) percent per annum. BE IT FURTHER RESOLVED THAT the plan adopted by the City Commission of said City to be used for deferring the cost of said improve- ments as applied to the property owners whose property adjoines said street and said improvements shall be according to the front foot plan and rule, provided that if the application of this rule in the opinion of the City Commission of said City, be unjust or unequal, or the result in individual cases in r r-"1 assessment in excess of specific benefits received from such improvements, then the City Commission shall adopt such rule of apportionment as shall effect a substantial equality between said owners, considering the benefits received by and burdens imposed on said owners and their respective property. BE IT FURTHER RESOLVED BY TILE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, THAT the City Manager be instructed to furnish the City Commission an estimate in writing of the cost to the City and to each property owner whose property adjoines said street and said improvements. PASSED BY THE CITY COMMISSION ON: June 25, 1973 ATTESTS ao Gloria 4fune Knight, City Clerk ( SEAL) 0 QTR a �9 5 ' 0A i Y I � l � m mt � Aob r A n1 �t\a nm EQ ° A N m U r aAA P gg Vk (A nn e� 2y to QTR a �9 5 ' 0A i Y I � W O tb A T N A a Y L a m EXHIBIT 9 1r y thm p �Z I.S, Q 1 y � ti ho o A �a Qu N C y 0 11 y O( ni ns n m� n o l m mt � r A m U P gg 2y to P4 W O tb A T N A a Y L a m EXHIBIT 9 1r y thm p �Z I.S, Q 1 y � ti ho o A �a Qu N C y 0 11 y O( ni ns n m� n o i s f STATE OF FLORIDA DUVAL COUNTY I, the undersigned City Clerk for the City of Atlantic Beach, Duval County, Florida, do hereby cardfy the within and foregoing is a true and correct copy of the original as It appears on record and-file in the office of the City Clerk for Atlantic Beach. Witness my hand and official seal of the City of Atlantic Beach, Florida, -c t - n . I f ster, s e ominium November 6, 1986 'Ir. Richard Fellows :ity Manager Atlantic Beach City Hall 716 Ocean Blvd. Atlantic Bch, FL, 32233 Atlantic Beach, Florida 32233 Dear Mr. Fellows, The members of the board of directors of the Cloister Condominium are wanting to change the entrance to the complex from 10th street to Club Dr. This was suggested to us for security purposes by the Atlantic Beach Police officers rho helped us with security throughout the summer. We feel that changing the entrance would also im- prove the aesthetics of the entire complex. We are Planning to begin major improvements in landscaping and would like to include the entrance change into them. Please let us I;novr what is necessary for this change to take place. Sincerely, �{/ / Marsha H. Dorsey Treasurer EXHIBIT 10 STATE OF FLORIDA 130^1_ COUNTY I. the under 4ao(3 City Clark for the City of Mantle Beeeh, Duval County, Florida, do Nwaby y the W100 *no foregoing IG e appears on roo nd and ilia In the of the lty I Ark for Ailandc Ha , Wltnese my han I @PA Mal of the city ofAH; tla l3eajh. ]Rome, � � � "UM OF THE rdXXHAR Ml3s'[*= OF THE ATI'A)MC BMM l V � ay W �51M AT CfY �TZ CIN M�MX, I 12, 1990 r lam 7:15 i Ifi� dYEr�2�iQ p 0 CltyClark T T PRIia'SRW: William I. Gulliford, Mayor E E P,obert P. Cook, sr. D D Glerm A. Edwards Adelaide R. Tucker, and EXHIBIT 11 John. W. Weldon, Co missioners M S Q E .AND: Kim .D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF O N E N COMMRS. N D S1 C) The meting rig wa.s called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was fallowed by the pledge to the flag. 1. �_ vat of the minutes of the j�r me to of Jan„pa 22, Codk x _1990 — -- - -- - -- - ids x x Mation: Appirwe minutes of the regular milling of January 8, Tucker x 1990 Weldon W x Wiliford x No discussion before the irate. 'the motion carried unanimously. bents 5C and 7A. w> taken out of sequencie and acted upon at this --",T Lim. 5C. Change Order for Section H culverts under drive Dm RuCk['ian, of Bessent, Hammack & Ruckinan, said many of the driveways were not paved or in some cases, even identifiable. The plans provided for replacing all driveways which had culverts, which he said would be in the neighborhood of 200 culverts. He said a unit price of $11.00 per foot had been established and he recommended a cap of $50,000 for the replacement of all culverts. Authorization of this change order would provide for payment to the contractor as the culverts were replaced and Mr. Ruckman said the contractor would provide a list of the culverts installed and the lend of each one before requesting payment. Cook x x Motion: Appuive C barge order in an amount not to exceed Btgards x x $50,000 for the purpose of culvert installation in TudkL-x x Section H wejdon x Gulliford xc No discussion before the vote. The motion carried unanimously. 7A. Discussion and related action to txees in Sectim H M.r. Ruckman pointed out on a map the trees on Jasmine .Street south of West Ninth Street which presented a problem for the contractor. He said it would be necessary to remove three or four trees and pointed out the tre=es which could possibly be saved. However, he said the area was heavily wooded and the remval of the trees would not adversely affect-the wooded character of the neighborhood. PAGE TWO MiNLFl�S FEBRUARY 12, 1990 m. Mr. Ruckman explained if an additional ten feet of right -of -way. could be acquired on Jasmine north of Ninth Street, the road could be moved slightly enabling one large tree on Mr.- Williams' property to be saved. The adjoining property owners had been notified of the matter and were invited to attend the meeting and were given an opportunity to express their wishes. Mr. Charles Sharon, 820 West 14th :Street, inquired whether any adjustment would be made in assessments to property owners in areas where the trees had been removed and-the unsuitable fill material had made it impossible to pave the streets. The Mayor explained that the engineers. were not aware of the existence of the fill material until the work was under way. The City Manager was asked to place the matter on the agenda for the next meeting so it could he discussed in depth. Jane Scanlon, 630 Jasmine Street asked for clarification as to what areas of Jasmine Street would not be paved and Mr. Ruckman explained Jasmine Street would be paved with the exception of the area south of 14th Street to the cul-de -sac. Camelia Street would also be unpaved south of 14th Street. Pam Lewis, 780 Jasmine Street, said she favored removing the trees where necessary.so the paving could be. ccm�pleted. Motion:. .Autbori.7ne engineers to proceed in accordance with their recommea elation to move the road if possible, and take out minimal nui)er of trees. and pave Jasami ne Street No further discussion. The motion carried unanimously. The Mayor suggested Mr. Williams and Mr. Hanna, property - owners, get with Mr. Howell and Mr. Ruckman to work out the details and report back at the next meeting. Billy Howell, said the contractor needed to proceed with work as soon as possible so they could move the equipment to another job and he asked that the City Commission authorize him and Mr. Ruckman to get with Mr. Williams and work out the details and proceed with the work. Motion: Based on the priming conversation,. authorize Mr. Howell, Mr. Ruckman and the property owners to work out the details to their. satisfaction and proceed accordingly No further discussion. The motion carried unanimously. 2. Recognition of Visitors: As. Charlotte Minter of Community Presbyterian Church, presented a letter on behalf of the church Board of Trustees requesting NAME OF COMMRS. M S V Y V N Cook x x Edwards x Tacker x Weldon . x x Gul.liford. x Cook x Edwards x Tucker x x Weldon x X Gulliford x PAGE THREE MINUTES FEBRUARY 12, 1990 permission to extend a 6 -foot, wooden, privacy fence across. approximately 50 feet of city -owned land at the.former right -of --way of David Avenue so as to abut the 6 =foot chain link fence surrounding Atlantic Beach Elementary School. Notion: Authorize ('rm -u ty Presbyterian Church to install fence as requested subject to removal at the discretion of the city, at the expertise of the church No discussion before the vote. The motion carried unanimously. Ms. Della Koenig, 780 Redfin Drive, asked if a stop sign could be installed where Publix parking lot exits onto Royal Palm Drive. The City Manager was asked to check into this and report back. 3 Acxx��ranrp�: A. Dw.7al: county School Board requesting approval to park 'a mobile home on Atlantic Beach Elementary School property Ms. Vicky Reynolds of Duval County. School Board, explained the school board had initiated a program whereby, in return for ,,,,providing security services for the school, a police officer was allowed to live in a mobile home on school property. The program has been successful and Atlantic Beach Elementary School wishes to have a police officer in residence on their property. Atlantic Beach police officer Robert Harding has contracted with the school board to provide this service for Atlantic Beach School and they requested approval to place a mobile home on their grounds. Clyde King, 270 Poinsettia Street,.said he did not object to the mobile home but felt a better location could have been selected. Terry Downs, 198 Sylvan Drive, also had no objection to the mobile home but said the school grounds have not been as well maintained recently as they should be. Lynn Northup, President of the Parent Teacher Association, said a letter had been sent home with students and all responses were positive. Dorothy Kerber, 365 First Street, said an officer residing in the area would provide additional security for neighboring residents as well as the school, but agreed some attention should be given to beautification. After further discussion, Ms. Reynolds said the school board would provide privacy fencing and beautification acceptable to the city. Motion: Approve residential mobile hone on Atlantic Beach Elementary School grounds for security purposes, subject to landscaping and fencing by the school board acceptable to the city -1- 1Commissioner Weldon questioned whether the present location of the mobile home was the most desirable and Officer Harding said the grounds had been inspected and that location selected by school NAME OF COMMRS. M S V Y V N Cook X Edwards x X Tucker x x Weldon x Gulliford X Cook x Tdwards X Tucker x X Weldon x x Gu -Uford X PAGE FOUR YffI ITES FEBRUARY 12, 1990 board personnel. Ms. Reynolds said this location was convenient for. connection to -water and sewer lines. The question was called.and the motion carried unanimously. B. Hobert Hines regarding .Cloisters C rx mninium proposed change of access Mr. Hines said he opposed the Cloisters' proposal to change the access to the condominium and Mayor Gulliford said the City Ccnunission had not taken any -action on the matter when it came before them in 1986. The project had been built as a PUD in 1973 and in order for the City Commission to grant the request to change the accesses, it would be'necessary to amend the PUD by ordinance and the request to go through the Community Development Board. Roger Kjar, Property Manager for -the Cloisters, said they had experienced some vandalism and had some concerns about security and felt that closing off the Tenth Street entrance and opening onto Club Drive instead would provide for.better safety and privacy for the residents. Butch Toney, 855 Club-Drive, said the new entrance would be only a few feet from his driveway and he felt the proposed change would present a safety problem for his family. ,---,,Discussion ensued regarding whether the current zoning was PUD or RG3. and this is to be researched before the next meeting when the matter will again be placed on the agenda. 4. Resolutions: Resolution No. 90 -3i A RESOLUffCN OF THE CIW OF A'tTZNT C BEACH URgEW PASSAr-.F: OF A1 . TO SEC. 212.0305, FWRTDA SMTUTES, TO PRDME FOR AMITIONA'L L OF CM{TEt,I'LTIC K DEVETi0PMOT TAX,, ("BID TAX°) , AGFMING ON LMG(MM OF PROPOSED A MMM S, PRO M)MG FFFECTIVE DATE Mayor Gulliford presented in full, in writing, Resolution No. 90 -3. Motion: Approve passage of Resolution No. 90 -3 No discussion before the vote. The motion carried unanimously. 5. New Business: A. Public hearing to receive citizen_ input- regarding the proposal. for a new City Hall Tom McNett of Clements, Rumple Goodwin, Architects for the project, said bids - had been received and the low bid of $875,000 from Adcox Construction included the complete project including the commission chambers, covered walkways, etc. Mr. McNett said he had reviewed the bid and recommended acceptance. He also recommended a meeting 'with the contractor so any problems which had existed in the construction of the Public Safety Building could be addressed before the City Hall project was commenced. NAME OF COMMRS. M S V Y V N Cook x x Edwards x x Tacker x Weldon x Gulliford x PAGE FIVE MINUTES FEBRUARY-12, 1990 Mayor Gulliford outlined the options open to the city and explained. the studies which had been done. He said he felt the city had three options: 1) remodel the present building; 2) build a new City Hall; or 3) do nothing. He outlined some facts which he felt were pertinent: 1) 40% increase in population in Atlantic Beach since 1983; 2) Atlantic Beach would continue to grow through develoFment or possible annexation; 3) space restrictions have caused employees who should be located at City Hall to be at remote locations; 4) the construction -of a new City Hall would not impact the.financial operation of water; sewer or sanitation operations.; 5) the proposed site offered a better geographical location; 6) the old City Hall would be developed as a conmmity center or other acceptable purpose with the use of Bed Tax funds; 7) The project _could be accomplished in phases with the office space being constructed first as this was the most urgent need; and 8) the building could be constructed without any additional tax burden on'the citizens. He opened the floor for a public hearing and invited comments from the audience. Norm Worsley, 1907 Creekside Circle; suggested remodeling the current building and adding a second story. and William McGee, 1830 Selva Marina Drive, agreed with the concept of remodeling the current building and said the present' conmission chambers could be used as office space and a new coiidssion chambers built as an.. extension of the present building. Jiro Wheatley, 2008 Selva Madera Court, agreed additional space was needed but felt the city needed to exercise more fiscal.restraint. Roger Steinem, 239 Seminole Road and Ray Magley, 250 Seminole Road were also opposed the construction of a new building. Edward Ash, 1707 Park Terrace West, said he had some expertise in construction, particularly in the area of renovation, and in his opinion, remodeling of the old building would not be wise expenditure. Others who spoke in favor of constructing the new city hall. were Dezmond Waters, 1835 Seminole Road; Ruth Gregg; 905 Sailfish Drive; Mattie Freeman, 860 Amberjack Lane; J.C. Green, 2233 Seminole Road; and Barbara Bonner, 483 Selva Lakes Circle. Ernie Mastroianni, Duval. County Property Appraiser, said his department had recently moved to a new building and the improved conditions had had a positive affect on both the attitude and efficiency of his personnel. After everyone had had an opportunity to speak to the matter, the Mayor declared the public hearing closed. Brief discussion ensued relative to financing and Mayor Gulliford explained money had already been borrowed and interest earned was �`�reater than the payments made. on the loan. He said the city was in a position to pay cash for the office portion of the building, but this did not appear to be the prudent course to take. Conmi_ssioner NAME OF COMMRS. M S V Y V N PAGE SIX MINUTES FEBRUARX 12, 1990 Weldon inquired whether a budget had been prepared for furnishings for the new building and was advised this had been included in a handout which Mr. Royal had provided this evening. Motion: Proceed with the construction of the new City Hall at a cost of $875,554 Based on figures provided by the Finance Director, Commissioner Cook said the payments on the new City Hall would represent three- tenths of one mill but 'that payments would be made.from.the one -half percent sales tax monies refunded -by the state. The question was called- and on roll -call vote, was approved 3 -2 with camassioners Tucker and Weldon voting nay. 5B. Approval of American- Red Cross sponsored circus (which had previously been approved to be held March 24 and -25, 1990) to move its location to Russell Park Bernie Bolstad of the American Red Cross explained in connection with. the Section H improvements, a road.had been _cut through the Jacksonville Shipyard parking lot, the proposed site for the Red Cross Circus, rendering it now unsuitable for the circus. He requested permission to relocate the circus to Russell Park. Motion: Authorize the circus in Russell. Park on March 24 and 25, 1990 subject to appropriate protection for the city Discussion ensued relative to the noise and it was explained no complaints had been received in the past regarding the noise from the circus. It was further explained the performances would not be held in the evening hours. 6. Consent A. Approval., of a proclanation regarding April as Parliamentary Emphasis Month B. Approval for Knights of Cols to hold 'a fund drive (at intersection of Atlantic Boulevard and Royal Palms Drive) Motion: Approve passage of Consent Agenda No discussion before the vote. The motion carried unanimously. 7. Old Business: B. Public hearing on a proposal for an amendment to a developer agreement for land in Ocean Terrace to reduce density from fourteen lots to twelve lots NAME OF COMMRS. M S V Y V N Cook x x Fidwards x X Tucker x Weldon x Gulliford x (look x x Edwards X Tucker X Weldon. x x Gulliford x Cook x x Edwards x x To ker x Weldon x Gulliford X PAGE SEVEN MINUTES FEBRUARY 12, 1990 m Mayor Gulliford explained the proposal and opened the floor for a. public hearing. Since no one spoke for or against the matter, -the Mayor declared the public hearing closed. Motion: Appzove amendment to developer agreement in accordance with the relations of the . {'rvrvmmi ty Development Board No discussion before the vote. The motion carried unanimously. C. Discussion and related action regarding Sixteenth Street beach access Mr. Jensen said he had provided Commissioner Weldon with all information pertinent to the Sixteenth Street beach access and that Ccnu issioner Weldon and Mr. Blackard had met to discuss the matter. He -said he had also met with Mr. & Mrs. Anderson relative to the Dewees Avenue beach access, which was also in litigation. He said the Andersons had lost a great deal of their privacy and suggested placing signs limiting hours of use. The City Manager said the dune overwalk had been built to DNR specifications which required it to be one foot above the dunes. ,�, The area had suffered considerable erosion since then and Don Ford said he was looking into the possibility of. lowering and shortening the overwalk to conform to the contour of the present dunes. The City Manager agreed to continue working on this, Commissioner Weldon said he had met with Mr. Blackard regarding the Sixteenth Street beach access. Mr. Blackard had asked for $10,000 to reimburse him for his legal expenses on the matter; however, this would not have resolved the matter of the right-- of--way for the city. Mr. Jensen said a question existed relative to Mr: Blackard`s title to the property to the west of his - original property and it was possible the city could win if the matter went to.court. This, however, would cost in excess of $10,000. Buck Snellings of Connelly and Wicker Engineers, said he had doubts about Mr. Blackard's title to the land since there were utility lines in an area which Mr. Blackard claimed was his private property. After further discussion it was felt the best course of action was to go to court on the matter. Motion: Direct the City Attorney to proceed with legal action to resolve the matter No further discussion. The motion carried -unanimously. {Commissioner Cook, who had not been feeling well, excused himself ,,`f rom the meeting at 9: 40 PLC NAME OF COMMRS. M S V Y V N Cook x x Edwards x Tacker x Weldon x x (' a 1 i ford x Cook MJCrj ED FAd ards x x Tacker x x Weldon x Gulliford x PAGE KINUTES FEBRUARY • • Action 8. on ! • •- • Ordhmnce No. 90-89-148 • • AN ORDIMWPM 'OF'THE C= OF ATLANTIC BEACH ACCRPTIN� AND APPROVING LAW DEVELOPMENT FIAN AND PRDPOSn SUBMITTED BY ASHCO, INC., AND THE C= - OF ATLANTIC * BEAM; PrOMING AN EFEWTIVE DATE (Tiffany by the Mayor Gulliford presented in full,. in writing Ordinance No. 90 -89 -149 on final reading. Said ordinance was posted and advertised in accordance the requirements of Florida Statutes. The Mayor opened the floor for a public hearing and invited.comments from the audience. J.C. Green, 2233 Seminole Road, asked whether it would be fair for the Commission to take final action on the ordinance since all the documents specified in Section 3 of the ordinance had not been presented to the Commission until late that evening. Edward Ash of Ashco, said he was anxious to proceed with the project and asked the Commission to consider approval contingent upon subsequent review of the covenants, conditions, and restrictions which had been submitted just that evening. The Commissioners felt they needed time to review the documents and also felt any citizen who wished to examine them should have an opportunity to do so. Potion: Continue public hearing and take finial action at the next meting No discussion before the vote. The motion carried unanimously. B. • • r No. 75-90-8 reading AN ORDINANCE AME 11 1 1 ODDE OF • "i1 1 h CE S -op THE c= op ATLANTIC BEACH, MEZOING CHAPTER 21, TRAFFIC AND MOTOR VEH!a[ES, ADDING UNDER 'iv C, 21-17(7) SUBPARAG PHS • D • INCHK)SE'THE FINE FOR LRVMMRIZED PAIUCM IN DISABLED PARJUM SPACES- TO TWO HUNDRED OF 1 1:S COLLECTED •' • • •: OF SUCH SECTION, '?• D 1 EFFECTIVE DATE Motion: Pass ordinance on first reading and set public hearing for February 26, 1990 No discussion before the vote. The motion carried unanimously. 9. City Manager Reports and /or Correspc�ndenr The City Manager referred to a copy of a letter from Gee-and Jenson regarding the status of the Comprehensive plan. He said the plan had to be submitted to the Department of Community Affairs by April 1, 1990 and a workshop on the matter was scheduled for March 8, = 1990. NAME OF COMMRS. M S V Y V N Edwards x Ttzcker x x Weldon X X Gulliford. X Edwards X X Tucker x Weldon x X Gulliford x PAGE NINE MINUTES FEBRUARY 12, 1990 10. Mayor to cal 1 on City Ccamni,ssioners, City .Attorney and City. Clerk: A. Report by the City Attorney relative to Sea Turtle Hotel "s intent to rent hotel rods on a uieekty basis. Mr. Jensen said he had been unable to arrange a meeting between the hotel's management, the Mayor and himself but would continue to work on that. B. Report by City Attorney relative to dune protecUon . Mr. Jensen provided each Commissioner with a copy of the most recent amendments to Chapter 161 of the Florida Statutes on.this subject. He said the city could enact legislation which would have to be approved by the DNR if it so desired. Mr. Jensen said it would be necessary for the Commission to approve a resolution authorizing him to act on behalf of the.city in the legal matters. which had been discussed earlier. He was authorized to prepare the resolution for action at the next meeting. At the request of-Ccumissioner Cook, Commissioner Tucker presented a petition requesting the installation of a four way stop sign at the intersection of Pine Street and Seaspray. This was referred to Police Chief. Thompson to review and report back. Commissioner Tucker also reported the Census Bureau still needed more employees to help with the census.and encouraged'anyone who was interested to contact the Census Bureau. Mayor GuMford reported on the recent meeting of the solid.waste committee and said the comnittee hoped to expand the recycling and planned to introduce volumetric charging for garbage collection. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 10:00 PM. A T T.)�.. S T* Maure Em' i j- Li .Cler NAME OF COMMRS. M S V Y V N PETITION We, the undersigned residents of Atlantic Beach, request that four--way stop signs be placed at the intersection. of Pane Street At and Seaspray Street in lantic.Beach'. Automobile traffic moves too fast on Seaspray between Seminole Road and the Atlantic Beach Elementary School despite the placement of unenforceable information bearing sign's (Nb Through Traffic, Watch For children, etc.). There is'.an increasing number of small children who live and play in this..area. There are few sidewalks and we believe that these stop signs are essential for the protection of the children. F a: e• H: STATE OF FLORIDA DUVAL COUNTY I, the undersigned City Clark for the City of Atlantic Beach, Duval County, Florida, do hereby oardfy the within and foregoing Is a true and correct copy of the original as it appam on record and -file in the office of the City Clerk forAllantic Beach. Witness my hand and official seal of the City of Atlantic Beach, Florida, EXHIBIT 12 this 315 day of M , 20 /6. 2 City Clerk W AGDM r 1: Action on a request fxa the Cloisters condrnLnium to change the main entrance to the oatplex from 4knnth Street to Club Drive BYs Maureen King, City Clerk DlNM-. February 20, 1990 Owing discussions an this sitter at the meeting of February 12, 1990, a question was raised regarding the present zoning classification of the Cloisters area. After fully researching the zoning we report as follows: Marcie 12, 1973: Application for construction of condominium as pW approved by the City Omission July 26, 1982: Ordinance No. 90 -82 -74 adopting Land Develop wvt Plan enacted - The Land Development Plan established the zoning codes currently in effect. We have conflicting maps with the notation ".Adopted July 26, 1982.° one map shows the area as POD while another shows LtG3. It appears that the thick broken line separating the P[D and RM areas had been inadvertently omitted and we feel the current nap is incorrect. The development was approved as a PGD and although Ordinance No. 90 -82 -74 has been amended flour times, none of these amendments affected =he zoning in the Cloisters area and no application requesting a zoning change from P[D to PW has been received. I have discussed this with the City Attorney and he, also, feels an error Could have been made. In the absence of any application for rezoning, it is his opinion the Cloisters should be treated as a PDD. qw, • r� r • In i Ic . rf i1�t1„ 'ice lifiitit a 7 �i.'`.`� /t�1I1�M�� I!l ���( iii���a °;:jt!!t((Ilillillltltt�-TAI a ilike _ . W. ini . .1l1u I I i2'] a'i'r1 ■■ Mir jIf K=im 4 i -■rte, . � � r�Mr .' oI ■�� �u � rrr Pmu� a-me rill :to i ;r.s_ - lilt _IUM1111 0 MUNUMS OF THE REGULAR MELPTIM OF THE ATLANTIC SF.ArM CM C -"-, WSSION iTEE AT Cn"Y HAT.L ON MONDAY, FIBIUUY 26, 1990, AT 7:15 PM PRESENT: William 1. G'illifoxd, Mayor Roberti B. Gook, Sr. Glenn A. Edwards Adelaide R. Tucker, and Jahn W. Weldon, Conrdssioners AND: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk STATE OF FLORIDA DUW 1, that undersigned City Clark fir the City of A Doeaaal Gomly, Florida, do haireby rrrrllfy trip r kwe9okV Is a burr and oorrecl Copy of the on appews on r©com and Mo In the office of the RwA#w& faeach Witnesii my hand and offla M►s ft of Agatrnitc Simla. Florida, thill any of 1`1 411 sow The meeting was called to order by Mayor G lliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. 8ppE2! al of the minutes of the regular mpg of 12, 1990 lotion; Approve minutes of the regular meetinq of February 12, 1990 No discussion before the vote. The motion carried. unanimously. Mayor Gulliford reported he had received a letter from Community Presbyterian Church announcing their annual Spring Arts Festival and requesting permission to display a banner across Sherry Drive. He said Commissioner Tucker had also ,requested on behalf of the Census Ccwmittee, permission to display a banner on Atlantic Boulevard at the site of the old Bennetts Ybtel. Mrtcm: cunt permission to both organizations to display their respective banners No discussion before the vote. The motion carried w-wi imously. Alan Potter, 374 Second Street, registered professional engineer, and owner of a utility company, addressed the ConTnission on behalf of Michael- Wright - McLean, the General Contractor who had clone repair work on six pump station wetwells. He said a dispute had arisen ,regarding the epoxy paint which had been used on the wetwells and it was his opinion epoxy paint was unsuitable for the job because of the bigh acid environment in the interior of sewage lift station wetwells. He said the problem was not the fault of the contractor and he .requested the city to release payment. The City Manager said city staff were testing the ph in the wetwells to confirm the findings of the contractor. Cook X x Edwards X x Tucker x Weldon x Gull.ifmd x EX1IIBIT 13 V 0 T R D N O /V 0 T E COUNTY D Intl@ A0ltd , Nn VW kcal as 4 my Clak 0 seal d 0 E E T C I Q Y NAME OF 0 N F. COMMRS. N D S Cook X x Edwards X x Tucker x Weldon x Gull.ifmd x EX1IIBIT 13 V 0 T R D N O PAGE TWO *. MINUTES FEBRUARY 26, 1990 r Motion: If the information presented by Mr. Patter is found to be. correct, move prcecmptly to make payment in fall No further discussion. The motion carried.unanimously. 3. Appearances: A. Heywood. Dowling concextain+g code provisions governuig signs and advertising structures in Atlantic Beach Heywood Dowling, 2005 Seminole Road, said he is the contractor building Sevilla Gardens at the north end of Selva Marina Drive. In order to make his project easier for out- of -tovm visitors.to find, he requested an amendment to Section 17 -1 of the city code to provide for directional signs for residential.develornents. He presented a suggested new subparagraph: (8.) and requested that these signs be allowed to be displayed for the duration of the project. Mayor Gulliford pointed out the Beautification Committee had a sub - coRmittee which was reviewing the sign ordinance and he felt this request should be passed along to them and await their recommendation. 3. Rodriguez Consulting Group with recommendations for various insurance coverages Ron Mulberry of the Rodriguez Consulting Group said the city had received bids for property and casualty insurance. Based on the bids received he presented their recommendations for insurance coverage on Property, Workers Compensation, Liability and Other Coverages. Copy of their report is attached hereto and made a part hereof. Mayor Gulliford recommended the staff review the findings and recommendations of the consultants and report back with their observations and suggestions at the next meeting. .Since this would make it impossible to meet the March 1 effective date, Mr. Mulberry was asked to request a 30 -day extension on the quotes. It was also felt the limit for liability coverage should be increased to $1,000,000 and that the city should check into the feasibility of purchasing an umbrella policy of, possibly, $5,000,000. C. Purvis, Gray and Company presentation of FY.1988/89 audit Joe Welch, Audit Manager of 1988/89 city audit, gave a brief report and said he was satisfied with the Finance Di_rector's plans to implement their recommended changes. Mr. Welch said improvements could be made in computer software and hardware, particularly in ,— itility billing and payroll, but indicated all recommendations made in the preceding audit had been implemented satisfactorily. NAME OF COMMRS. M S V Y V N Cook x x Edwards x Twicer x Weldon x x Gulliford x PAGE THREE " MINUTES FEBRUARY 264 1990 D. John Dickinson with report relative to notification of the Atlantic Beach. Firefighters intent to unionize Mr. Dickinson said he had received notification of.a request from the Jacksonville Beach Firefighters to voluntarily recognize their organization as the exclusive collective bargaining representative for the Atlantic Beach Fire Department. He said their petition was to represent the lieutenants as well as the firefighters. By voluntarily recognizing their organization, the city would be assuming the organization represented the majority of_the members of the unit and that the unit is appropriate, i.e., it would not include anyone who would have a supervisory conflict of interest with the bargaining unit as a whole. He said it was the recommendation of his firm that the Commission decline to voluntarily- recognize this organization,.thereby allowing the city to challenge the aforementioned issues. He said Chapter 447 of the Florida Statutes indicated there needs to be recognition of those in charge and since the chief could not.be on duty 24 -hours per day, there was a real need to have someone in a supervisory capacity who would not be included in the bargaining unit. In the event the city declined voluntary recognition of the organization, it would still give the labor organization the opportunity to petition the �Comnission in Tallahassee and to conduct a secret ballot election, )ut it would allow the unit to be better defined to exclude the lieutenants, who, he felt, would have a supervisory conflict of interest with the rank and file. Notion: Accept Mr. Dickinson's reeaAnendation and authorize Corbin, Dickinson and Duvall to represent the city in this matter No discussion before the vote. The motion carried unanimously. 4. Old Business: A. Action on request from the Cloisters Cork1c n?nium to change the main entrance to the telex frown Tenth Street to Club Drive The City Clerk said research of the records had shown that no formal action had been taken by the city to rezone the area since the Cloisters was built as a PUD in 1973 and it appeared the current zoning maps incorrectly identified the area as RG3. Mayor•Gulliford explained the procedure which would have to be followed to amend the PUD and. said the public would have an opportunity to speak to the matter when it came before the Community Development Board and again at the public hearing before the City Commission. Jerry McCool, 10 Tenth Street, President of the Cloister Condominium Association Board of Directors, who was in attendance, declined to make any comments on the matter until a later time. B. Final approval - replat Block 214,. Section .H Rene' Angers reported Dan Mayti wished to replat his property into NAME OF COMMRS. M S V Y v N Gook x Edwards x Tucker x x Weldon X X GullP Ord X PAGE FOUR MI=S FEBRUARY 26, 1990 three building lots, the smallest of which would contain 12,370 sq. ft. of land area. The property, currently zoned RS1 is located at the extreme west of the- city and is outside the Section H infrastructure improvement area. Notion: Approve replat of Block 214, Section H as requested No discussion before the vote. The motion carried unanimously. C. Discussion and related action relative to 3.andfill on Jasmine and Camlia Streets in Section H Billy Howell, Project Manager, explained the area had been filled in the late 50's or early 60's in connection with a, program of the East Duval County Mosquito Control District, and affected approximately 300 feet of Jasmine Street and 300 feet of Camelia Street. On January 22, 1990 the City ConuLLssion deleted paving of Camelia and Jasmine Streets south of West 14th Streets. Mr-Howell explained water and sewer service would be extended as far as the landfill area. The drainage for stormwa.ter run -off is to the south and it would be necessary to go through the landfill area in order to provide a drainage ditch. He said DER has been notified of the landfill and it is hoped some method of providing drainage for that -trea can be worked out. In any case water and sewer_will.be provided and even though the roads would not be paved they would be improved. Christy Brooks, 1222 Jasmine Street, said he felt the paving and drainage on West 14th Street would add to the drainage problems on Jasmine and Camelia since the water flowed south to the drainage ditch. If the streets could not be completely paved, he requested that the paving run to at least the last house before the cul -de -sac. As one possible solution he suggested a catch basin at the end of the street with a concrete pipe going through the landfill. Rev. Charles Sharron, 820 West 14th Street, said he had been supportive of the program since its .inception and urged the city to consider every option to provide paving for Canelia and Jasmine Streets. Don Ruckman of Bessent, Hammack & Ruckman said they were continuing to work on the problem and hoped to have a solution to bring before the Commission for consideration before the project is completed. After further discussion of the landfill and related problems, the Mayor suggested signs,be placed advising of the potential hazard and efforts be made to find out to what extent the fill material is hazardous. In the meantime the city could possibly do some grading on Jasmine and Camelia Streets and Mr. RucMian said as soon as the :—sewer and water lines are laid, the area would be graded and grassed. The Mayor also inquired whether any state or federal funds might be available for recycling all or part of the landfill materials. NAME OF COMMRS. M S V Y v N Cook x Edwards x x Tucker x Weldon x x GbIliford x PAGE FIVE MI=S FEBRUARY 26 1990 Item 7E was taken out of sequence and addressed at this tame. 7E. Discussion and related action regarding acquisition of property for lift station -in Section H Billy Howell reported in the original design the lift station had been located at the south end of Camelia and West Plaza drainage ditch but because of the fill material, this location would be unsuitable. Mr. Howell said he had checked into three possible alternate sites and reported a church in the neighborhood had some suitable land but they did not wish to sell any of their property. He said a suitable 50 -foot piece of property on the southeast corner of Camelia and West 14th Street (Lot_l, Block 225, Section H) had been appraised at $6,500 but the owner was asking $19,900. He said condemnation proceedings would be expensive and the easiest solution might be to locate the lift station in the right- of-way on West 14th Street between Camelia and Main Street. After further discussion regarding the options available it was the general feeling the city should negotiate to purchase the land which had been the subject of the appraisal or a 50 ft. x 50 ft. piece.of property from the church. Motion: Make offer of $10,000 maximum, for the north 50 feet of Lot 1, Block 225, Section H After further discussion of the options, Commissioner Weldon amended his motion and Commissioner Cook amended his second as follows: Amended. Notion: Make offer of $10,000 to church, first. In the event a negative response is received, make offer of $10,000 on Lot 1, Block 225. If negative response is received on both properties,. comuanoe condemnation proceedings on Lot 1, Block 225 No further discussion. The motion carried unanimously. 5. Action on Resolutions: A. Resolution 90 -4 authorizing the City Attorney to represent the City of Atlantic Beach. in litigation relating to Blackard, axme ld, Michael- Wright -tToban, Anderson, Fr+ou+taart, Minoey and Hanover Insurance Mayor Gulliford presented in full, in writing, Resolution.90 -4 authorizing Alan C. Jensen to represent the city in certain civil complaints, suits and controversies in which the city is a party. Notion: Approve passage of Resolution No..90 -4 In brief discussion before the vote the City Attorney explained the 7arious legal matters pending. The question was called and the motion carried unanimously. NAME OF COMMRS. M S V Y V N Cook x Weldon x Look X x Tucker x Weldon x X Gulli.ford x Cook x Edwards x Tucker x x Weldon . X x ailli.ford x PAGE SIX MINUTES FEBRUARY 26, 1990 6. Action on Ordinances: A. Ordinance No. 90-89- 148 -- Public Hearing . AN ORDINANCE 'OF TEE CIITY. OF ATLANTIC BEACH ACCEPTING AMID APPROV M IAM DOnR OPNl NT PIAN AND PROPOSAL SUBNII rM BY ASMO, INC., AND CE RMIN CCCNIDITIOW FOR OF LAM IN. THE CI'T'Y OF ATIAN r IC BEACH; PROVIDING AN EFF`BCTTVE DATE (Tiffany by the Sea) Mayor Gulliford presented in full, in writing, Ordinance No. 90--89 -148 on final reading. Said ordinance was posted in accordance with charter requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. J.C. Green, 2233 Seminole' Road, inquired whether any additional documents had been received and was informed some corrections had been made to the Covenants and Restrictions which had.been submitted at the previous meeting but that no further documents had been received. Since no one else spoke for or against the matter, the Mayor declared the public hearing closed. Notion: Approve passage of Ordinance No. 90-89 -148 on final reading In discussion before the vote, Commissioner Edwards requested the swords "(excluding parrots) or four rabbits" be deleted from Article J, Section 15. Article V, Section 9', should be amended to reflect that electric service would be provided through electric company franchised by Atlantic Beach. The words "three and one -half (3 1/2 stories" in Article V, Section 1 should be amended to read "35 feet from the natural ground elevation" and all references to "Atlantic Beach Utilities, Inc." -should be changed to "Atlantic Beach Utilities." Discussion ensued regarding which would take precedence in the event of a conflict between the Covenants and Restrictions and the City Code and it was felt once the Covenants and Restrictions. were approved, that would be.the authoritative document. Mr. Ash said he would work closely with the City Manager to comply with the laws and the wishes of the city. Heywood Dowling said the method of measuring the height of buildings is somewhat vague in the city ordinance and in an area of dunes such as the location of the proposed Tiffany by the Sea there could be as much as ten or twenty feet difference between the front and rear building lines. The question was called and the motion carried unanimously. B. Ordinance No. 75-90-8 - Public Hearing AN ORDINANCE AMNDMG THE CODE OF ORDDW4MS OF 1 CITY OF :'g.•i: AmENDiNG CEIAPM 21, TRAFTIC 11 MOWR VOUMES, ADDING 'UNDER SBC. .21-17(7) SUBPARAGWWHS (a),. (b), AND (c), TO.INCREASE THE FINE FOR UNUME[ORIZED PAMUNG IN DISABLED PAIUCM SPACES TO TWO HUNDEED !IM DOLLARS ($250.00), A F010101A FOR THE DISTRIBUTION OF r I 001XMM FOR VIOIATICN OF r SECTION, PROVIDING ENFECYM DATE NAME OF COMMRS. M S V Y v N Cook x X Edwards X Tucker x Weldon X X Gulliford X PAGE SEVEN MINUTES FEBRLMRY 26, 1990 Mayor Gulliford presented in full, in writing, ordinance No. 75 -90 -8 on final reading. Said ordinance was posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited cements from the audience. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. Motion: Approve passage of Ordinance No. 95 -90 -8 on final reading No discussion before the vote. The motion carried unanimously. Ordinance 90-90-152'- Reading AN oRDMNCE OF I CITY OF •i' AMENDING CHAPIER 24, TEE 0 I' •IDI:li} SIVE- 7kNING ORDIWOUE AND LAiM DEVELOPMU CODE #•EI' 1 -AND APPROVING CMU4GES IN -THE ORDINANCR ADOPTING T:E LANDI PIANNED UNIT DEVELOPMW TO PROVIDE. • • THE, INCIMION OF ADDITIONAL 1. 7 ACRES IN THE SITE PLAN AND- RELOCATION OF CERTAIN YACILITIES • !R•Mr • Ir PRUVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full,. in writing Ordinance No. 90 -90 -152. : Notion: Pass Ordinance No. 90--90 --152 on first reacting and set for public hearing March 26, 1990 No discussion before the vote. The motion carried unanimously. 7. New Business: A. Gee & .Jenson requesting an additional _$6,000 to present contract price in reference to water line replacment work in loyal Pa zo The City Manager explained a letter had been received from Gee & Jenson indicating additional work had- been :incurred due to the extension of the contract. Mr. Leinbach said he did not feel sufficient information had been received to justify the $6,000 charge. Gee and Jenson was asked to provide additional information to the City Manager and he will present his recommendations on the matter at the next meeting. B. Gee & Jenson with report on proposed Beach Avenue water and sewer project Andy May of Gee & Jenson said this matter had been before the Ccm- mission in December and a question was raised at that time about the location of the lift station and also the possibility of adding other areas in Ocean Grove, Coral and Seventeenth Streets. A letter ,,.proposal had been submitted but this had not been included in the .1genda packets. Mr. May briefly outlined this proposal, a copy of which is attached hereto and made a part hereof -. He said there were some sewer lines in the area and they would inspect them and would NAME OF COMMRS. M S V Y V N Cook x Edwards x x Tucker x x Weldon x Gulliford x Cook x Edwards x x Tucker x Weldon x x Gulliford x PAGE EIGHT MINUTES FEBRUARY 26, 1990 hope utilize them as much as possible. Discussion ensued regarding assessments and Bob Frohwein, Building Contractor residing at 1820 Ocean Grove Drive, said he had installed water and sewer lines on Ocean Grove Drive in connection with a building project and had paid approximately $7,000 in hydraulic shares to.tie into an existing sewer line. He said he had an agreement with Atlantic Beach wherein anyone connecting to the sewer-line he had laid would be required to pay a hydraulic share to Mr. Frohwein.- Mr. May said he had'met with the residents and they were anxious for the project to proceed but that they did not want it to include paving of the streets. The City Ccmnission was in agreement on leaving the streets unpaved. Discussion ensued regarding the location of the lift station. Commissioner Cook said the land on which the lift station is proposed was purchased for the purpose of developing as a passive park. He said he was opposed to putting the lift station there and inquired into the possibility of locating it on the west side of Seminole Road but it 'was felt the drainage ditch would present a problem there. Mr. May presented a site of the proposed lift station and said it measured about-20 x 17 feet. Tom Morton, 1835 Coquina suggested another location at the end of Dewees Avenue which -night provide a suitable location since he said no homes directly lace that piece of property. Discussion also ensued regarding building the station underground or partially underground. After a complete discussion on the matter the engineers were. directed to investigate alternative sites and report back at a later. date. C. Awmilamt to the 0cception on Parking - Shoppes of North Shore The Mayor noted that the. Community Development Board recownended approval. Motion: Grant ament]ment to parking exception as recommended by the Community Development Board . In response to a question from Commissioner Cook, George Bull, architect, said there is 6,450 less square footage of building and the requested 97 parking spaces would represent a higher ratio of parking to square footage of building. He presented a artists rendering of the revised plan. The question was called and the motion carried unanimously. D. Request for funding Dial -A -Ride ,_.Nilson Merrihew, President of the Beaches Council on Aging, ;onfirmed that the City Commission had received his letter requesting financial assistance. He said they had ordered a new bus but the old one had expensive maintenance problems. The City of NAME OF COMMRS. M S V Y V N Cook x x Edwards x Tucker x x Weldon x Gull ford x PAGE NINE MI.=S FEBRUARY 26, 1990 Jacksonville was no longer paying, for gasoline so _they had, considerably increased operating costs and would appreciate.any assistance Atlantic Beach could -give. Mr: Merrihew said approximately 20 -40 Atlantic Beach residents use the Dial -A -Ride service daily. The City Manager was requested-to review the city finances to see if there were any available unbudgeted funds. In the meantime the City Commission.would.consider whether they felt such.a donation would.be in the best interests of the city and be prepared to act on the matter at the next meeting. With reference to the Michael - Wright McLean claim, the City Manager said the city staff has been working to resolve.the matter but that each of the parties involved felt the fault did not lie with their firm. He also reported that city staff had been instructed to remove any signs which did not comply with city ordinances. The owners are then given an opportunity to retrieve.their signs. ,ja missioner. Tucker said she had received complaints about vendors selling flowers, or vegetables on the-streets. _ While this had not been permitted in the past, the city ordinances _ do -not specifically prohibit such activities. The City Clerk was requested to work with the City Manager to provide a possible ordinance-for consideration. Mayor GuMford announced that the City Commission .would meet with the Pension Board on Tuesday, February 27, 1990. He passed along to Ccwmissioner Tucker for response a questionnaire on sea level rise and coastal management from the Coastal Resources Management Citizens Advisory Committee. - He also passed along to the City Manager for response a questionnaire from Jacksonville Conamity Council on community issues. Canuissioner Cook announced the Wonderwood Road Committee would hold a public hearing on March 15, 1990. Time and location had not yet. been announced. There being no.further business to come before the Commission, Mayor declared the meeting adjourned at 10 :30.k --...` ..-Wi liam Mayor /Presiding iTTEST:...:...:.. •- Maure6n. King,.. Ci:t) .. Clerk NAME OF COMMRS. M S V Y V N GEE & JENSON Engineers - Architects Planners Inc February 23, 199 0 Mr. Kim D. Leinbach City Manager. City of Atlantic Beach P. O. Drawer 25 Atlantic Beach, Florida 3.2233 Re: Beach Avenue Water and -Sewer Main Extensions Gee & Jenson Project No.. 88 -276 Atlantic Beach, Florida - Dear Mr. Leinbach: At the December 11, 1989 Commission meeting, the City Commission expressed a desire to relocate the proposed lift station for the subject project. In addition, Mr. Desmond waters spoke for the North Beaches Homeowners Association and 'requested that water and sewer .service be provided for homes abutting ocean Grove Drive, Coral Street and 27th Avenue. in your letter of December 27, 1989 and subsequent ��. conversations, you requested.that we address these concerns and report back on the action required to implement these areas. We have talked with Desmond Waters, other citizens in the project area and members. of Public Works, as well as reviewing letters of concern transmitted to your office from residents and have made field investigations of the above described. area. In summary, the following observations, conclusions and comments can be made: 1. City Commission desires the lift station to be relocated to the East in a triangle bounded by Dewees Avenue and Coquina Place. 2. Residents desire - having water. and sewer service in the Ocean Grove area, including, Coral Street and 17th Avenue.. Some sewer exists to serve some specific lots, but it is. not known if service stub -outs exist for other lots. We can expand the existing project to include additional water and sewer service so that every lot may.be'served. 3. City staff indicates that residents, in the Dewees Avenue area do not want paving, fearing increased traffic by their homes. 4651 Salisbury Road . Suite 360 • Jacksonville, Florida 32256 -6187 •904/731 -7100 P ON Mr. Kim D. Leinbach City Manager February 23, 1990 - Page Two 4. Gee & Jenson's status design reflects the direction given by the City Manager and Director of Public Works. The final design is the culmination of periodic reviews with City Staff. We understand that the f ormer City Manager preferred the present lift station location as a mutually beneficial solution for the need to purchase a site for the station and helping a landowner holding some basically.unusable, triangular pieces of property. Enclosed is Attachment "A", a copy of the letter confirming direction given Gee & Jenson to use the present site. 5. We have evaluated the more easterly triangular property site, Section No. 5, and feel. that the lift station can be alternately. designed for this property. Civil, electrical and structural engineering will be required in this design alternate, as well as subsurface investigations. Mr. Waters has. expressed the opinion that area residents may not like this site location as well. 6. Gee & Jenson was not requested to assist with any funding aspects of this project.. From the comments and reaction received to date, however, we anticipate many questions from residents. Additionally, a basis for fair assessment needs to be established, assuming funding is by special assessment. We suggest the City extend our services to work with Staff in developing an assessment basis and assisting. with public hearings. In summary, we agree with your philosophy that the lots.lacking water and sewer should be included in one project, rather than doing it piecemeal over time. To this end we have enclosed our proposed Addendum No. 3 to perform the additional engineering services necessary to provide utility service to all existing lots in the area bounded by 16th Street, Seminole Road, 20th Street: and the.Atlantic Ocean. This is based on best available information as shown on existing maps, City staff and area residents. Addendum No. 3 covers the following work: A. Alternate lift station design B. Additional surveying, design and construction administration to add the Ocean Grove Drive, Coral Street and 17th Avenue water and sewer main extensions C. Conduct and administer sewer televising services to investigate location and condition of existing sewers and their service connections in the above area GEE & JENSON Engineers, Architects, Planners. Inc. Mr. Kim D. Leinbach City Manager February 23, 1990 - Page Three D. Provide assistance in, developing a special assessment funding for the project, including a meeting with Staff and one preliminary and one final public hearing We hope this report addresses the concerns of all parties. If the enclosed addendum is satisfactory to you and the City Commission, please have the Mayor and City Attorney execute both copies, and return one (1) original to our office. If you have any questions regarding this subject, or if there is anything else I can assist you with, please do not hesitate to call. sincerely, Andrew R. M , P.E. Project M ger cc: Mr. Harry McNally GEE & JENSON Engineers, fvchitects, Planners, Inc. GEE & JENSON Engineers -Architects - Planners Inc. A. ADDENDUM NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR BEACH AVENUE WATER AND SEWER MAIN EXTENSIONS CITY OF ATLANTIC BEACH, FLORIDA SCOPE OF SERVICES Add to end of Item 1. Standard Engineering Services, the following: "Sanitary sewer and potable: water extensions shall also be designed to serve lots along Ocean Grove Drive, Coral Street and 17th Avenue east of Seminole Road, including design of sewer services to any existing sewers from houses not presently served. 5 su � and revise project documents to revise sewer. design and remove flexible pavement and stormwater design d- rawings for the Ocean Boulevard, Dewees Avenue,. Shell Street avid Coquina Place area." Add to end of Item 2. Surveying Services, the following: "Surveying shall. also include right -of way of Ocean Grove Drive, Coral Street and 17th Avenue east .of Seminole Road." Add to end of Item 3. Permittihq Services, the following: "Revise the utility permit application to the Florida Department of Environmental Regulation and the aacksonville Division of Bioenvironmental Services." Add "Item 5. Sewer :System Television Services, including retaining a television service subcontractor, and coordinating and reviewing the televising of existing sewers on Coral ,Street-, 17th Avenue and Ocean Grove Avenue to determine pipe condition and .location of any lateral services." 4651 Salisbury Road • Suite 360 ..Jacksonville, Florida 32256 -6187 - 904/731 -7100 ON Addendum No. 3 Page Two Add "Item 6. Special Assessment Assistance Services, including meeting with City Staff to coordinate assessment methods, preparing exhibits and attendance at one (1) preliminary and one (1) final public hearing, with revisions after each hearing to reflect majority comments, and submission of a letter report to the City with recommendations and suggested basis for assessment." B. TIME OF PERFORMANCE Engineering plans and specifications will be substantially completed and presented to the CLIENT for review and comment within ninety (90) calendar days after receipt of notice to proceed for this Addendum, except for delays beyond the control of the ENGINEER. C. FEES TO BE PAID For additional services under Item 1 of the Scope of Services (Standard Engineering Services) the ENGINEER shall be paid an additional lump sum..f 'e of NINETEEN NINETEEN THOUSAND, SEVEN HUNDRED DOLLARS ( . g` l V V I C�4 For additional services under Item 2 of the Scope of Services (Surveying Services)-the ENGINEER shall be paid an additional lump sum fee of THREE THOUSAND, SIX HUNDRED DOLLARS ($3,600.00). For additional services under Item 3 of the Scope of Services (Permitting Services), the estimated cost of this service shall be increased EIGHT HUNDRED DOLLARS ($800.00). For Item 5 of the Scope of Services (Sewer System Television Services), the ENGINEER shall be paid a lump sum fee of TWO THOUSAND, FOUR HUNDRED DOLLARS ($2,400.00). For Item 6 of the Scope of Services (Special Assessment Assistance Services), the ENGINEER shall be paid a fee equal to personnel costs times a factor of 2.50, and reimbursement for direct nonsalary expenses,. including, but not limited to, data processing, equipment rental, automobile travel at $0.27 per mile, printing and reproduction. We estimate the cost of this service to be TWELVE THOUSAND DOLLARS ($12,000.00). It should be emphasized that this= estimate is for budget purposes only and should not be considered a guaranteed amount. GEE & JENSON Gngineors Architects, Manners, Inc. Addendum No. 3 Page Three All other terms and conditions of the Agreement remain unchanged. 'y 12-1_19:6 —b Date APPROVED AS TO FORM AND CONTENT City arney Date GCE & JENSON A rchitech;, Planners, Inc. GEE & JENSON E -A -P, INC. n James-S. En ish, P.E. Senior Vice President Date City of Atlantic Beach February 26, 1990 Summary of Results and Recommendations Insurance Proposals Effective 3/1/90. to 10 /1/90 1. Property: .Leagrue St Paul Premium $17,488 $17,874 - Limits $8.97 mil. $6.75 mil. The league quoted on the building.an:d contents values as estimated in the Bid Specs while St Paul's figures are current values. A cancellation penalty of .about $1,043 would offset the League's lower price. Recommendation: Do not make a change until renewal. Prior to that time obtain an accurate appraisal of all property and request renewal quotes from both carriers. Make a final decision at that time. �'. Note: The current carrier agreed . to add an Agreed Amount Endorsement which will eliminate a coinsurance penalty if under insured. 2. Workers Compensation: League Chamber Fund Guaranteed Cost Plan $90,145 $102,032 Retention Plan N/A $59,348 min - $119,172 max (based on losses) The Chamber's Retention Plan could save substantial premium dollars if losses continue -to be low. The expected losses based on last four years experience is $13.,932. This level of loss would generate an expected premium of $74,637. This expected premium would have been $65.,523 except for one large loss of $30,247 which occurred May, 1.988 and consequently raised the averages. Recommendation: Change to the Chamber's Retention Plan and continue to implement loss control techniques to gain maximum control over premium dollars. 3. Liability: $300,000 limits (7 month period 3/1/90 to 10/1/90) General Liability Public Officials Law Enforcement Auto Liability / & Physical Damage League Lincoln National $18,058 $19,399 6,917 4,289 .9,404 4,145 26,182 33,238 9 50 Included Total $70,409 $61,071 At $1,000,000 limit: $85,422 $82,574 The League has no deductible, whereas the Lincoln plan has a $2,500 deductible for Law Enforcement and Public Officials liability only. Only the League's. plan pays dividends ($3,046 received in 1989 for the year 1981). Only the Lincoln plan is guaranteed rates for 19 months (the League's premiums have increased about $12,000 /year over the last eight years). Options: a) Stay at $300,000 limit. b) Partial increase in limits (highest exposures — Auto and Law E£nfarcement). e) Full increase all coverages to $:1,000,000 limit. Recommendation: Option (c):; increase limits to $1,000,000 level and change to Lincoln National plan with lower rates guaranteed for 19 months. Redo bidding process in 1991 with the bid specs out to agents at least 3 months prior to renewal.. Look into the feasibility of purchasing an umbrella.policy of $5,000,000. 4._Other Coverages: The Boiler and Machinery coverage is currently written by the Hartford and will stay in 'effect through the League until renewal of the Property Policy at which time it should be given to the successful property agent-. The Crime (employee fidelity) and Inland Marine '(contractors equipment and communications equipment) coverages should be managed by the same agent as the Workers Compensation and Liability Policies. No quotes were received on Flood Insurance and the °adequacy of the current coverage needs to be evaluated. Agents: Mr. Greg Brittain of the Poe and Associates Insurance Agency presented the recommended Chamber's Workers Compensation Plan and Lincoln National's Liability Plan,: and he has quoted the lowest cost Crime and Inland Marine Policies. Incidental Med. Nalpra�tice Public Officials Errors & Omissions Watercraft Liability Fire Legal Medical Attendants Employee Benefits Adm. Deductibl� Owners Q Contractors Protective Contractual Inoluded Included Included Included Inoluded (�cheduled) Inmluded Included Included *1DOO Included Included Included (blanket) Included Included Included 0 Included Included Oity of Atlontic 8eoch Goverage Comparison UK win WARue Cancellation Clause 90 days (End) 45 days Limits *300,000 CSL *300,000 CSL Defense Costs: Public Officials included Additional Low Enforcement Innluded Additional General Limbility. Additional Additional Auto Liability Additional Additional Form: Public 0ffioimW Claims-Made Occurrence Law Enforcement Cloimm-Made Occurrence General Liability occurrence Occurrence Auto Liability Occurrence Occurrence Deduotiblet Public Officials *3,500 O Law Enforcement $2,500 O General ,Liability O O Auto Liability U O Premium Guarantee ' 19 months 7 months Territory World-Wide World-Wide Prior 4ota (before policy inception) Excluded Excluded Personal Injury ' Included ^ Included Mental Anguish Included Not Discussed "Sexual Action, Abuse, Disc riminmtion Nat Discussed Excluded and Communiuoble Dimease" Advertising Injury Included Included (End.) (End.) Punitive Damages Included Excluded "Defending or hindering riot, civil Not Excluded commotion, unlawful assembly, or Specifically mob action'' Excluded- Premises Operation Innluded Included Products &.Oompleted Operations. Included Included Host-Liquor Liability Inrluded included To whom it may concern: EXHIBIT 14 Atlantic Beach, Florida 32233 At it's regular monthly meeting June 12, 1996, the Cloister Association Board of Directors voted to replace the existing gate and fence at the South end of the Cloister property. The Board of Director vote was 6 in favor and 2 votes no. The replacement gate is intended to present a more appealing look and will be located in a position to permit substantial landscaping and beautification of an area that is currently quite unattractive. The old gate and fence is constructed of painted wood and the appearance is dated. The replacement gate and fence will be fabricated of black wrought aluminum, will be 66 inches in height with `spear tops-' on all vertical bars. The spear tops will be in excess of the 66 inch height. The replacement vehicle gate will be located approximately 5 feet further West than at present and will provide a more direct approach to the property from the South for emergency vehicles entrance. There will be no provision for two way traffic by this replacement, nor will the traffic pattern be changed from that of one way north. No driveway modification will be required by this replacement. Yours v truly, ichard Cox, President Cloister Condominium Association , | . . / / / - - 1�7- -- F5 4 11 APPLICATION FOR FENCE PERMIT Owners nome__/�� _ / ____Pbou __________ Job Addreos�__�/\�_ ---------------------- Lot ------- Block end/or Unit _____________' Contractor if different from owner ---------------------- ----------- ------------- »w Val"etiou of feuce _ Corner or interior l�t ____ __________ .J�� Type construction_ �4 w\| uJ| uY�\U{���0+J /�{]Tt - - c4 Sbow. location and height of fence as well as location of street(s). ���/- (�TT(��k��. ~~�`~ _`.`~`��.�_ i }/ I ��L Owner oigunture_ U���70 Contractor sigoetu .: J „� iii i "`.” (_�= -. 4. �� ,.i} n ,• t ��. _fir n l .-73 S E� �t c,f�,�i G\ �� r�� v� 't� :r . v I 12'GATE TO BEREPLACED 5'F.EN-CE,, . G ATE REPLACEMENT 15' FENCE 1-0 BE REPLACED 4'PED' PEDESTRIAN GATE FENCE Z REPLACEMENT 70— 3' FENCE REPLACEMENT 00 PA 0 c: r� m C) W 0 I J/ > m fr A ax. qoS 1 Will" - di i ,- " n Zoniing cn t I I � t cc•rr �nt•otj •cr k ,rozr£, I _...� 3876 Pc 482 I 1_ I yl''9a L of'LSl Nir_ _'i '4 r OFFICIAL RECORDS; -- � -�.,�- A Y Lk G la v 'G gr .! .1 ._._._ - {' _'^ L•-�. . F . q a : .Ii Building afld Zoo ink 'Yf •'� 1� 1+ a ji _ ..1 I 1 Ir •. N .' Q C� O �9 3S /�i S�� ✓NI F !� 1 � gl ' I'• w ,,. 2¢ tj s-'L d ve `h l EXHIBIT C'- PAGE 1' Minutes Page -9- January 13, 2003 B. Report regarding traffic control on Sherry Drive In response to a petition presented to the Commission on November 25, 2002, for additional stop signs to be placed on Sherry Drive, Director Thompson reported that after evaluating all of the data, there was no public safety reason for the stop signs requested in the petition. His report is attached and made part of this official record as Attachment E. Commissioner Parsons reported that he had received numerous calls and letters opposing any additional stop signs for Sherry Drive. C. Report and recommendations regarding sight distance requirements at intersections Director Thompson presented a written report and pictures of obstructions such as rocks, shrubs, trees, landscaping timbers and walls that had been placed or constructed on city rights -of -way causing hazardous conditions and visibility problems at intersections. During the presentation, sight distance requirements and safety iszones were explained. Proposed language to amend the existing code to place reasonable limitations on items that could be placed on city rights -of -way was also presented. It was pointed out that the limitations would not apply to signalized intersections or those with multiple stop signs. After discussion, Director Thompson was directed to draft an ordinance to incorporate the proposed language into the city code. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Beaver Requested that the south gate at the Cloisters Condominium be closed. Public Works Director Kosoy indicated that the gate would be closed when a construction project in that area was complete. Commissioner Parsons Reported the City of Neptune Beach was considering adopting a sign ordinance similar to the City of Atlantic Beach's new ordinance and he had learned they were considering giving businesses an incentive to remove non- conforming signs in five years and requiring that all non- ;XHIBIT 15 J O N COMMISSIONERS N D Y E S N O PAGE THREE MINUTES FEBRUARY 26 199.0 NAME OF COMMRS. M S V Y V N D. John Dickinson with report .relative to notification of the' Atlantic Beach.Firefighters intent to unionize Mr. Dickinson said he had received notification of.a request from the Jacksonville Beach Firefighters to voluntarily recognize their organization as the exclusive collective bargaining representative for the Atlantic Beach Fire Department. He said their petition was to represent the lieutenants as well as the firefighters. By voluntarily recognizing their organization, the city would be assuming the organization represented the majority of the members of the unit and that the unit is appropriate, i.e., it would not include anyone who would have a supervisory conflict of interest with the bargaining unit as a whole. He said it was the recommendation of his firm that the Commission decline to voluntarily recognize this,organ.ization, thereby allowing the city to challenge the aforementioned issues. He said Chapter 447 of the. Florida Statutes indicated there needs-to be recognition of those in charge and since the chief could not.be on duty 24 -hours per day, there was a real need to have someone in a supervisory capacity who would not be included in the bargaining'unit. In the event the city declined voluntary recognition of the organization, it would still give the labor organization the opportunity to petition the Commission in Tallahassee and to conduct a secret ballot election, ,)ut it would allow the unit to be- better defined to exclude the lieutenants, who, he felt, would have a supervisory conflict of interest with the rank and file. Cook x Edwards x Motion: A dept Mr. Dickinson's recamvndation and authorize. Tucker x x Corbin, Dickinson and Duvall to .represent the city in Weldon x x this matter Gulliford x No discussion before the vote. The I motion cazried unanimously. 4. Old Business: A. Action on request from the Cloisters C'orw1c in; tan to change the main entrance to the coW7.ex f Tenth Street to Club Drive The City Clerk said research of the records had shown that no formal action had been taken by the city to rezone the area since the Cloisters was built as a PUD in 1973 and it appeared the current zoning maps incorrectly identified the area as RG3. Mayor.Gulliford explained the procedure which would have to be followed to amend the PUD and_ said the public would have an opportunity to speak to the matter when it came before the Community, Development Board and again at the public hearing before the City Commission: Jerry McCool, 10 Tenth Street, President of the Cloister Condominium Association Board of Directors, who was in attendance, declined to ,Hake any comments on the matter until a later time. B. Final approval. - replat Block. 214,. Sect:iton. H Rene' Angers reported Dan Mayti wished to replat his property into PAGE FOUR MINUTES FEBRUARY 12, 1990 board personnel. Ms. Reynolds said this location was convenient for. connection to water and sewer lines. The question was called and the motion carried unanimously. B. Robert Hines regarding.Cloisters Condmini-um proposed change of access Mr. Hines said he opposed the Cloisters' proposal to change the access to the condominium and Mayor Gulliford said the City Commission had not taken any action on the matter when it came before them in 1986. The project had been built,as a PUD in 1973 and in order for the City Commission to grant the request to change the accesses, it would be' necessary to amend the PUD by ordinance and the request to go through the Conunnity Development Board. Roger Kjar, Property Manager for the Cloisters, said they had experienced some vandalism and had some concerns about security and felt, that closing off the Tenth Street entrance and opening onto Club Drive instead would provide for.better safety and privacy for the residents. Butch Toney, 855 Club Drive, said the new entrance would be only a few feet from his driveway and he felt the proposed change would present a safety problem for his family. ,,,.Discussion ensued regarding whether the current zoning was PUD or RG3 and this is to be researched-before the next meeting when the matter will again be placed on the agenda. 4. Resolutions: URGING •.0 OF E li. IW TO SEC. 212.0305,- • • 11.• STATUTES, TO PROVIDE • ' ADDMOML USES OF OMVMTICN DOMEORENT TAX,. C JII EFTECTIVE DAM Mayor Gulliford presented in full, in writing, Resolution No. 90.3. Moticm: Appmve passage of Resolution No. 90 -3 No discussion before the vote. The motion carried unanimously. 5. New Business: A. Public hearing to receive citizen input regarding the proposal. for a new City Hall Tom McNett of Clements, Rumple Goodwin, Architects for the project, said bids had been received and the low bid of $875,000 from Adcox Construction included the complete project including the commission chambers, covered walkways, etc. Mr. McNett said he had reviewed the bid and recommended acceptance. He also recommended a meeting -,with the contractor so any problems which had existed an the construction of the Public Safety Building could be addressed before the City Hall project was commenced. - NAME OF COMMRS. M S V Y V N Gook x x FAI ands x x Tucker x Weldon. x Gulliford x PAGE SIX ^ MINUTES NOVEMBER 10,198E Action on Ordinances - continued E. Mayor Howell announced the following changes incorporated at the last meeting: Blocks 139 and 143 which abutted Tulip St. on the west were originally included in the Ordinance, and they had been withdrawn. Anything on those lots would have to be pulled back to the west side of Tulip St. Everything would be cleared from Block 110 and that block would revert back to residential zoning. Nothing would be on Block 120 (not owned by Mr. Dagley). Mr. Dagley would construct a privacy fence on West 6th St. which would encompass Blocks 117 and 118 along West 6th St. Motion: Passage of Ordinance No. 90 -86 -103 on final reading Commissioner Gulliford commented he was going to vote in opposition to the motion, not anything to do with the personalities involved, not any recognition of one person's privilege or position over another, but felt it was a poor way to attempt to settle a condition that existed now that was brought about years ago by individual /s irresponsible to a condition that existed. He said the Commission was establishing a precedence for some type of exception for a sin that was committed some years back, and he was very opposed to the approach. 'ollowing discussion, the question was called and the motion carried with a four to one vote. Commissioner Gulliford voted nay. 11. Action by the City Commission to adopt Personnel Rules and Regu- lations of the City of Atlantic Beach amended and modified as of October 1. 1986. Item 11 deferred until the next meeting. 12.Discussion by the-City Commission on the desirability and feasibilit of authorizing the Cloisters Condominiums to close off the entrance to the complex on Tenth Street, and open the entrance to the complex on Club Drive. Marsha Dorsey, Treasurer of the Cloister Condominium complex, informed the Commission there were several reasons why they wanted to change the entrance, .1) Tenth St. was a traffic safety hazard; 2.)Tenth St. was e public access to the beach, and uninvited people use their property foz parking and also swim in their pool. 3.) They had to pay a lot for security to try and prevent the situation. They planned major modifi- cations in landscaping soon and planned to install a wooden gate with lock for emergency use at Tenth St. Following discussion, the Commissic �`iad no objections as long as they did not close 10th St. permanently. Miscellaneous Commissioner Cook asked the City Attorney to prepare an Ordinance NAME OF COMMRS. M S V Y V N Edwards x Morris x Cook x Edwards x Gulliford x Morris x Howell x MINUTES OF THE REGULAR MEETING 'OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, NOVEMBER 25, 1974, AT 8:00 P. M. PRESENT: L. W. Minton, Mayor -Pro Tem Robert R. Rosborough, XI F. W. Fogg Robert H. Cook, Sr., Commissioners AND R. C. Vogel, City Manager Oliver C. Ball, City Attorney Gloria June Knight, City Clerk ABSENT: William S. Howell, Mayor - Commissioner - City Business The meeting was called to order by Mayor Pro Tem, Mr. Minton. The invocation was given by Commissioner Rosborough, followed by the pledge to the flag. The minutes of the meeting of November 11, 1974 were approved as written upon a motion by Commissioner Rosborough, seconded by Commissioner Cook and carried. The minutes of the special meeting of November 18, 1974 were approved as written upon a motion by Commissioner Fogg, seconded by Commissioner Rosborough and carried. ordinance No. 10-74-10 Reaulatinct of Beverage Hours - Second Reading Mayor Pro Tem Minton read Ordinance No. 10 -74 -10 regulating the hours for the sale of alcoholic beverages in the City of Atlantic Beach on second reading by title only. Said ordinance was pre- sented in full and in writing. Commissioner Fogg moved that Ordinance No. 10 -74 -10 be approved on second reading by title only, seconded by Commissioner Rosborough and carried. Public Hearing to be held December 9, 1974. Cloister Condominiums - Detail Plan for Wall Mr. Elliot W. Butts, Jr., developer of the Cloister Condominiums, presented to the City Commission a detail drawing of a wall he plans to erect from the corner of the building to the bulkhead. Mr. Vogel stated that the Cloister Condominiums are a Planned unit Development and the d . i1 plans for the—wal > must be apProved bY_ the City Commission. It was moved by Commissioner Rosborough, sec nded by oC mmissioner Fogg and carried that the detail plans f0--, for the wall at the Cloister be approved. EXHIBIT 16 STATE OF FLORIpA DUVAL COUNTY i. the undersigned City Mark ftxr the City of Ationtic Beach, Cuaal County, Florida, . do hereby cently they wlthln and foregoing Is a true and correct copy of the original as It appears on reoprd and cite In the ofke of the City Clerk for Atlantic Beach. WitnaAS my hand and official seat of the City of Atlantic Beach. Florida. this - / 5 - day of � u 20 16 City C1Brk MINUTES OF THE REGULAR MEETING OF TIME COMMUNITY DEVELOPMENT )BOARD February 17, 2015 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:04 pm. Chair Brea Paul asked that public comment be limited to 5 minutes each since there were a large number of public comment cards submitted. Mrs. Paul verified that all board members are present, with the exception of Sylvia Simmons. Also present was Building and Zoning Director, Jeremy Hubsch; zoning Technician, Derek Beeves, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mrs. Darcy Calnor. 2. APPROVAL OF MINUTES. 3. OLD BUSINESS. 4� NEW BUSINESS, 5. REPORTS. Staff Report A. Minutes of January 20, 2015 Mr. Elmore motioned to approve the minutes of the January 20th meeting. Mr, Stratton seconded the motion. The motion carried unanimously. None. None. A. Cloister Condominiums Opening of South Gate Mr, Hubsch lntroduced the item and stated the City Commission is seeking a recommendation on this item from the Community Development Board. He stated that this Item is specifically about whether or not the Cloister Condominiums should be allowed to open a gate at Page I of 10 Applicant Comment Public Comment the south end of the property and utilize for egress of vehicular traffic. A brief history of the property was given including Commission minutes that approved the development with acknowledgment that the south gate would be closed and only used for emergency services and that any changes would have to be approved by the Commission. An aerial of the property was presented and the proposed traffic pattern was demonstrated as compared to the current traffic pattern. There are some concerns that those leaving the Cloisters might go the wrong way down Beach Avenue and that a "DO NOT ENTER" sign may be necessary. The Cloisters have offered to put in signage including "RIGHT TURN ONLY" signs. The possibility of making Club Drive a one way street has also been discussed and may be something to consider. Regardless of conditions, traffic would be reduced on 10th Street but increased on Club Drive. Chief Deal wrote a memo regarding this item that is included in the agenda packet. He stated that he did not see a public safety issue with the current traffic pattern or the proposed traffic pattern. He did offer the possible option to allow for vehicles to exit through both gates. The Public Works Director has also reviewed the proposed plan and does not think the proposed plan would be a problem. Alen Gleit of the 10 10th Street Unit 32, Atlantic Beach, FL 32233 stated that the residents of the Cloisters have discussed this issue for many years and that recently they voted to open the south gate and spend the money necessary to automate the gate. He stated that they are aware of potential safety issues by placing more traffic on Club Drive but that safety issues on 10th Street are so severe that utilizing Club Drive for exiting the property makes more sense. Mrs. Paul opened the floor to public comment. T.J. Street of 848 Ocean Blvd, Atlantic Beach, FL 32233 stated that the impacts on the small portion of Plaza between Ocean Blvd and East Coast Drive would be immense because of its narrowness. He also referenced current and former Police Chiefs' comments about a lack of positives and hoped that the board recommends denial. David Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated history has shown this gate should be closed and why challenge that especially when considering the street widths and lack of pedestrian paths along effected streets and also hopes the board recommends denial. Page 2 of 10 Linda Torres Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated Club Drive does not have a sidewalk that 10th Street does have so the pedestrian danger would be increased and felt the opening of the gate should be denied. David Shields of 130 Club Drive, Atlantic Beach, FL 32233 stated that he doesn't understand the logic of going against history and moving one perceived problem to another area and hopes the board recommends denial. Robert Hines of 880 Beach Ave, Atlantic Beach, FL 32233 stated he bought his house because he knew the gate couldn't be opened without Commission approval and though hoping for recommended denial asked, that if this were approved, where would the needed signage be placed. Lulee Rady of 150 Club Drive, Atlantic Beach, FL 32233 stated that she has seen when the gate was open and that the traffic on Club Drive was bad then and would only be worse today and asked that the board recommend denial. Ellis T. "E.T." Fernandez of 890 Beach Ave, Atlantic Beach, FL 32233 stated that he would like to see a traffic study regarding this issue and also has concerns for pedestrians and would like to see this item denied. Meade Copland of 10 10th Street, Atlantic Beach, FL 32233 stated that she is on the board of the Cloisters described the issues at 10th Street and asked that we all be good neighbors and consider providing some relief from the issues at 10th Street by recommending approval. Harry Ulrich of 151 Club Drive, Atlantic Beach, FL 32233 stated he believed that the staff report and Chief Deal's memo were incomplete and that the Board has provisions to help make a decision which should be to recommend denial. Brian Hughes of 171 Club Drive, Atlantic Beach, FL 32233 stated that he views this would have an impact on a greater number of properties and that a traffic study would be helpful and can see some potential options but thinks the proposed plans should be denied. Butch Toney of 895 Beach Ave, Atlantic Beach, FL 32233 presented a photo from 1990 of the front of his property that included the south gate of the Cloisters and stated that his driveway presents a major issue because it is blind to the gate of the Cloisters and hopes this is denied. With no additional speakers, public comment was closed by Mrs. Paul. Page 3 of 10 Board Discussion Motion Staff Report Mr. Hansen declared that he has ex -parte communications with Mr. Toney and Mr. Ulrich related to this project. Mrs. Lanier asked about the conditions of the north gate and if it was possible to rework that area for better access. Mr. Hubsch showed that it was a sliding gate about 16 feet long and that parking and structures limit abilities to redesign the gate. Mr. Hansen pointed to lack of decisiveness from the current and former Police Chiefs so when looking at the issue independently he sees that there could be problems with accessing Club Drive because of northbound Beach Avenue and the blind driveways. He also looked to history and doesn't see what has changed to justify the change. Mr. Parkes stated that he thinks the issue is at 10th Street and that the Cloisters should do something to address that and not look to make Club Drive and Plaza worse. Mr. Elmore stated that having egress from both sides would be beneficial because traffic would go the way that is easiest and that those heading south would use the south and those heading west would use the north. He also agrees that there is an issue at 10th Street that needs to be resolved. He added that multiple access points is a good design and that a study would be helpful. Mr. Hansen again pointed to history and the unknown reason as to why the south gate was closed but felt there must have been a good reason. Mr. Parkes stated that Atlantic Beach was a very different place in 1973 and what was then may not be now. Mr. Parkes then stated that having multiple exits makes sense but doesn't think the burden should be put on Club Drive and the surrounding neighborhood. Mrs. Paul asked the board to consider how they would act if this were a new development. Mr. Hansen motioned to recommend denial of the opening of the south gate at the Cloister Condominium to the City Commission. Mr. Stratton seconded the motion. The motion carried unanimously. B. Tree Protection Code Revisions Discussion Mr. Hubsch introduced the item and stated that because of a concern in the community about the recent loss in the tree canopy that he had done Page 4 of 10 some analysis and presented findings to the City Commission at a prior meeting. Based on that presentation, the Commission expressed interest in making some revisions to the code. After a couple of discussions with the Community Development Board, staff has come back with some recommendations. The City contracted out a study of the tree canopy and that report is included in the agenda packet. The study looked at aerial photos from 2003 and 2014. The study did show a reduction in tree canopy and an increase in impervious surface. A portion of that is likely due to redevelopment of double lots into two single family homes. Mr. Stratton asked if the Country Club was included. Mr. Hubsch stated that it was not. Mrs. Paul asked if storms could be attributed to some of the canopy loss. Mr. Hubsch stated that it was likely but could say how much. Mr. Elmore added that the red bay blight may have also played a role. Mr. Hubsch presented the staff recommendations. Current code allows for a tree to be removed if there is no construction within 6 months of removal. Staff recommends requiring a Tree Removal Permit for the removal of any tree. The exceptions would remain intact such as diseased or dying trees. An example of was presented of a large oak tree removed legally without a permit. Mr. Hubsch presented a second recommendation to redefine what a "Protected Tree" is. Current code utilizes an interior /exterior zone where each has different measurements. Included in this is that trees up to 20 inches can be given credit for preservation and then removed later with no punishment. The staff recommendation would be to eliminate the exterior /interior zone aspect and make all trees over a certain size protected. This size would be in the 6 -12 inch range. This would result in less preservation credit and would have to plant more. A third recommendation was presented to increase the mitigation for the removal of oak trees to one inch planted for each inch removed. Included in this is a requirement that a certain amount must be planted on site. Mr. Hubsch presented a fourth recommendation to allow mitigation credit for palm trees east of East Coast Drive and Seminole Road north of East Coast Drive. Current code only allows palms to replace palms. This would allow palms to replace anything except oaks. A fifth recommendation was presented to continue to allow staff to charge market rate per inch. In the past the city has matched the City of Jacksonville's rate which was $49.00 per inch but recently changed to $113.00 per inch. Page 5 of 10 Public Comment Board Discussion Other updates related to trees are that the city is seeking Tree City USA designation. The City is also working with the same person that did the tree canopy study for an urban forestry grant. The City Manager is looking at doing a tree nursery at the Public. Works yard to provide trees that could be planted in parks and in right -of -ways throughout the city. Staff will also be working on brochures to help citizens understand the tree code after any changes are made. Staff is also exploring options to do plantings along Mayport Road through public private partnerships due to the lack of right -of -way. Mrs. Paul opened the floor to public comment. John November of 647 Beach Ave, Atlantic Beach, FL 32233 stated that he is the representative speaking on behalf of Atlantic Beach Canopy, a citizen group presenting their own recommendations. 1. Remove the construction timeline exemption. 2. Define boundary tree rules. 3. Increase mitigation ratio to 2:1. 4. Reduce protected tree size. 5. Update market rate for tree fund mitigation. 6. Increase mitigation ratio 3:1 for specimen trees. 7. Protect large /old trees. 8. Remove the interior /exterior portion of the code. 9. Hire an independent arborist to assist with permit review. 10. "Citizen Tree Watch" that allows public reporting of tree removal. 11. Increase recognition of Heritage Trees. Mike Robinson of 638 Camp Milton Lane, Jacksonville, FL 32220 stated that he is a retired arborist that came at the request of ABC. In his experience that many places do place additional restrictions on large trees. He also felt that defined species lists would be helpful. Bob Liggero of 389 12th St, Atlantic Beach, FL 32233 stated he felt that ordinance needed to be strengthened for the good of the community. Amy Palmer of 374 Plaza, Atlantic Beach, FL 32233 stated that she supports a stronger ordinance and that recent examples show loopholes in the current code. With no additional speakers, public comment was closed by Mrs. Paul. Mrs. Lanier declared ex -parte communication with John November. Ali members of the board declared email communication with several members with ABC. Mr. Elmore thought that before addressing staff recommendations that a freeform discussion would be beneficial. He first said that undergrounding utilities would do a lot to protect trees in the front yards of properties. He also agreed with Mr. Robinson on the need to define Page 6 of 10 tree species because, as an example, not all oaks are the same and that some may preferred while not creating a monoculture. He continued to say that he has concerns about a Citizen Watch and boundary tree provisions due to overreaching government. He added that he would like to see more done in reference to palm trees and especially sabal palms since they are native and provide a lot of character to the area. Mr. Parkes stated that he agrees with Mr. Elmore's remarks about property rights and doesn't want to infringe on that. He stated that he believes the biggest issue is mitigation during construction. He also stated that the tree plantings by the city in the past have been poor and could be improved. Mr. Elmore stated that he has an issue with trying to force on site planting that cannot survive. Mrs. Lanier agreed with the comments so far but wanted to look at the need to define those special large trees while balancing property rights. After further discussion, Mrs. Lanier suggested going through staff recommendations as starting point. Discussion ensued related to staff's recommendation to extend the time period around construction in requiring a tree removal permit. Mrs. Paul stated that six months is short and that 12 to 18 months should be the minimum. Mr. Parkes stated it may be best to provide an on demand permit where you basically notify the city of any tree to be removed without a fee. Mr. Elmore stated that 18 months would be good. Discussion ensued about the need for the construction requirement at all. Mr. Stratton stated that tree removal shouldn't have to be tied to construction for requiring a permit. Mr. Parkes stated that he didn't want to force permission for every tree and that it is construction that causes the most tree loss and extending the timeframe would help prevent people from working around the current timeframe. Due to lengthy discussion related to the first recommendation, it was decided to move on and work through the list backwards. Staff Recommendation 5 (Tree Fund Mitigation Rate) Mr. Hubsch stated that general consensus seems to be ok with the $113.00 that the City of Jacksonville charges and then asked if the board would like to discuss going hire as had been mentioned. Mrs. Paul stated that she would see a higher rate. Mr. Elmore said that $175.00 per inch would add a punitive aspect to it. Mr. Parkes stated he could see $200.00 per inch. Mrs. Lanier stated that she would be ok with $175.00 or higher. Page 7 of 10 Motion Motion Mn Hansen motioned to make the mitigation rate payable to the tree fund $175.00 per caliper inch. Mr. Elmore seconded the motion. The motion carried unanimously. Staff Recommendation 4 (Replacement Credit for Palms) Mr. Elmore stated that he thinks this should focus on native species and not exotic. Mr. Stratton clarified that this would not allow a live oak to be replaced with a palm but other species could be replaced with a palm. Mr. Hubsch asked if other palm species should be included other than sabal palms since these would be trees that are encouraged to be planted. Mr. Elmore stated that a list should be beneficial. Mr. Stratton asked why the replacement of shade trees with palm trees should be allowed when this whole discussion is to protect the tree canopy. Mr. Elmore suggested that maybe it should require 3 palms grouped together to equal a shade tree. Mr. Stratton asked if we should wait to establish a list of palm species prior to making a motion. Mrs. Paul asked staff to bring this item back with a list of species. Staff Recommendation 3 (Definition of "Private Regulated Tree ") Mrs. Paul clarified that this would remove the interior /exterior aspect of the code and set one diameter definition of private regulated tree for the whole lot. Mrs. Lanier asked if there is a scientific basis for establishing a diameter. Mrs. Paul stated that there isn't necessarily an industry standard but that 6 -8 inches is common. Mr. Elmore stated that this would really have the most impact on undeveloped lots since developed lots would already have a house in the buildable area and there wouldn't be many large diameter trees remaining in the buildable area. Mr. Elmore felt that 6 inches is a good diameter. Mr. Parkes agreed with this assessment but that he has some concern that this would have a significant impact on a few properties and could diminish their property value. Mrs. Paul stated that while this could affect a few people more than others, that it would simplify the process for staff and the public. Mr. Elmore motioned to eliminate the interior /exterior zone aspect of the code and have all trees 6 inches or more in diameter be defined as private regulated trees. Mrs. Paul seconded the motion. The motion carried unanimously. Page 8 of 10 Motion Motion Mr. Elmore stated that something that needs to be looked at is the conflict of tree preservation and stormwater retention requirements of the city. When a tree can be preserved because its not in the footprint of a new building it has to be removed to make stormwater swales. Mr. Parkes agreed that this is a significant problem that the public may not fully understand. Staff Recommendation 2 (Increase Mitigation for Oaks) Mrs. Paul asked if this would be just for live oaks. Mr. Parkes stated that we may need to look at different species prior to a motion. Mr. Elmore added that the coastal oak is a native species that could be included. Mrs. Paul asked staff to bring this item back with a list of species. Staff Recommendation 1 (Timeline for Tree Removal) Mr. Stratton stated that based on the discussion earlier in the meeting it seemed that full removal of the construction requirement for a tree removal permit seemed unlikely, but that moving to 18 or 24 months seemed possible. Mr. Elmore expressed a concern about making the time too long would make it hard for staff to track. Mr. Parkes suggested requiring an on demand permit for all tree removal over 6 inches with no fee. This would allow for easier tracking. Mr. Stratton motioned to require a tree removal permit for the removal of any tree within 24 months of construction with a value over $10,000 and that the removal of all trees in excess of 6 inches in diameter require an on demand tree removal permit. Mrs. Lanier seconded the motion. The motion carried unanimously. C. Sign Code Revisions Discussion Mrs. Paul made a motion to table this discussion till next month's meeting. Mr. Stratton seconded the motion. The motion carried unanimously. Page 9 of 10 6. ADJOURNMENT. Brea Paul, Chair Attest Mrs. Paul motioned to adjourn the meeting. Mr. Stratton seconded the motion. The motion carried unanimously. The meeting was adjourned at 9:28 pm. Page 10 of 10 STATE OF FLORIDA DUVAL COUNTY I, the undersigned City Clerk for the City of Atlantic Beach, Duval County, Florida, do hereby owft tlw within and foregoft is a true and comect copy of the original as it appears on record and ale in the offk;e of the City Clerk for Atlantic teach. Witness my tw W and of dal seal of the City of Atlantic Beach, Fbrida, this �� �� day of . r i 'l Zp City CWk MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT CITY HALL ON NOVEMBER 10, 1986 AT 7:15 P.M. PRESENT: William S. Howell, Mayor- Commissioner Glenn A. Edwards William I. Gulliford, Jr. John W. Morris, Jr., Commissioners AND: Richard E. Fellows, City Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk The meeting was called to order by Mayor Howell. The invocation, offer by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of October 27, 1986 Motion: The minutes of the meeting of October 27, 1986 be approved as presented. No discussion before the vote. Motion carried unanimously. 2. Recognition of Visitors - none 3. Action on recommendation by Smith and Gillespie Engineers to a ,hange Order No.l in the amount of $16,800. -00 on the T.V.. and sea project in connection with the City's sewage collection system Commissioner Edwards commented the change order was to seal the insidE of 45 manholes. Smith & Gillespie Engineers had left the item off unti the lines had been cleaned and the manholes inspected. The project was an addition to the contract, but was a budgeted item if needed, Motion: Approve Smith and Gillespie Engineers Change Order no.l in the amount of $16,800.00 on the T.V. and sealing project to seal 45 manholes. No discussion before the vote. Motion carried unanimously. 4. City Commission action to accept for maintenance the extension of Cutlass Drive'fr6m'th6'Royal Palms siibdivisiozi'itto'the'Aquatic Garder. .S't t}rii�ii ci nn Mr. Fellows reported he had received a maintenance bond in the way of an irrevocable letter of credit in the amount of $76,000.00 that was good for one year from November 10,1986, and he recommended acceptance Motion: Accept for maintenance the extension of Cutlass Drive from the Royal Palms subdivision into the Aquatic Gardens Sub - V division. Mr. Braid reported he had inspected the extension of Cutlass Drive and recommended approval. The question G7as called and the motion married unanimously. NAME OF COMMRS. M O T I O N S E C O N D V O T E D Y E S Vi o T E D N O Cook x Edwards x x Gulliford x Morris x x Howell x Cook x Edwards x x Gulliford x x Morris x Howell x Cook x x Edwards x x Gulliford x Morris x Howell x PAGE TWO �._ MINUTES NOVEMBER 10, 1986 � L 5. Authorization for the City Manager to contact federal, state and local agencies to advise of the results of the annexation election There being no objections from the Commission, the City Manager will i contact federal, state and local agencies to advise the results of the annexation election. 6. Approval of a budget adjustment transferring the City's budgeted share of a FRDAP grant to the Parks and Recreation Department Mayor Howell presented in full, in writing Resolution No. 86 -26, a Resolution providing for a budget transfer of matching funds budgeted in the FRDAP fund to the General Fund, Parks and Recreation Dept. Motion: Passage of Resolution No. 86 -26. No discussion before the vote. Motion carried unanimously. 7. Action by' the City Commission on a request of the developers of Selva Lakes for final plat approval of Phase'2'of the Selva Lakes development, and authorization for the Mayor and Clerk to execute :he plat. Mr. Fellows advised he was in receipt of an irrevocable letter of credit in the amount of $232,000. to guarantee the improvements of Phase 2 of the Selva Lakes development, and he recommended approval. Motion: Approval of the final plat of Phase 2 of Selva Lakes. The Mayor and City Clerk be authorized to sign on behalf of the city. Commissioner Cook asked the City Manager to make sure the developers did not forget to design the attractive bus -stop they had agreed to furnish for children-waiting for school buses. The question was called and the motion carried unanimously. 8. Action on Resolutions: A. Resolution No. 86 -25. Mayor Howell presented in full, in writing, Resolution No. 86 -25, a Resolution authorizing the transfer of bond No. R -2 from the Atlantic National Bank to Southeast Bank of Jacksonville, in the face amount of $873,600.00. �. Motion: Passage of Resolution No. 86 -25. No discussion before the vote. Motion carried unanimously. * .. I. * * x * is * * * * * * * x _^ I .. * * * * k * k x x k * k k NAME OP COMMRS. M S V Y VI N Cook x Edwards x x Gulliford x Morris x x Howell x Cook x Edwards x x Gulliford x x Morris x Howell x Cook x x Edwards x Gulliford x x Morris x Howell x PAGE THREE MINUTES NOVEMBER 10,198 r 9. Action no Exceptions: A. Public Hearing on an application for exception by Arthur Desroches Mayor Howell announced the Advisory Planning Board had considered the application by Arthur Desroches for a contractor's office at 1280 Tuli St. in an RS2 zoning district and recommended approval, subject to no outside storage. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, th Mayor declared the Public Hearing closed. Motion: Approve the application of Mr. Arthur Desroches for a Use by Exception for a contractor's office at 1280 Tulip St. subject to no outside storage. No discussion before the vote. Motion carried unanimously. x * * * * * * * * * .. * x * * 'c * x k * I- is * a * * * * * x k x .. B. Public Hearing on an application for exception by Roger Joseph Mayor Howell announced the Advisory Planning Board had considered the application by Roger Joseph and recommended approval for him to operate a contractor's office with no outside storage in a CG zoning district 'it 462 -468 Sturdivant. The Mayor 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. Motion: Approve the application for a Use by Exception filed by Roger Joseph to operate a contractor's office at 462 -468 Sturdivant, subject to no outside storage. No discussion before the vote. Motion carried unanimously. C. Public Hearing on an application for exception by Marcus Prom Mayor Howell announced the recommendation from the Advisory Planning Board was that the application be denied. Mr. Prom had requested a Use by Exception for a contractor's office in a residence at 1398 Main St.. in an RS2 zoning district, with no outside storage. The Board statf Mr. Prom did not live at 1398 Main St. and therefore could not have a home occupation. Mr. Prom had offered to move into the house if the request was approved. Mr. Fellows noted the Board had also discussed the fact the intersection was very narrow at that location. The street would be improved during the master plan implementation, but was not suitable for more than one car to navigate that corner at the present time. Mrs. Ruth Gregg reported that Mr. Prom also desired to operate a Real Estate office. The Mayor opened the floor for a Public Hearing ='-and invited comments from the audience. Mr. Charles Sharron, 820 West 14th St. objected to any office that would bring in extra traffic unle: Mr. Prom was willing to put in adequate parking space on Main St. As no one else spoke for or against, the Mayor declared the Public Hearing closed. NAME OF 5 COMMRS. M S V Y V! N s Cook x x Edwards x Gulliford x x Morris x Howell x Cook x Edwards x x Gulliford x x Morris x Howell x S PAGE FOUR ' MINUTES NOVEMBER 10,1981 9. C. Continued Public Hearing for a Use by Exception Motion: Deny the request by Marcus Prom for a Use by Exception for a contractor's office in a residence at 1398 Main •f Street in an RS2 zoning district. Following discussion, the question was called and the motion carried unanimously. * k * I k a .. x x x „ x .. * x is is * * .. * x * * x x * * ;'c * 10. Action on Ordinances: A. Introduction of Ordinance No. 90 -86 -112 AN ORDINANCE. AMENDING THE ZONING ATLAS OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE THE AREA KNOWN AS SEMINOLE BEACH FROM RGA AND RGC TC RG2 AND RG3; PROVIDING FOR THE REZONING OF THE AREA KNOWN AS OCEANWALK FROM RSE TO RS1; PROVIDING FOR THE EXTENSION THERETO OF ALL OF THE REQUIRED SETBACKS AND HEIGHT LIMITATIONS AS CURRENTLY PROVIDED FOR IN CHAPTER 24, THE ATLANTIC BEACH COMPREHENSIVE ZONING ORDINANCE; PROVIDIP AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90 -86 -112 on =first reading. Motion: Passage of Ordinance No. 90 -86 -112 on first reading. Commissioner Cook said the effective date should be changed to January 1, 1987. The Ordinance as presented read "shall take effect upon its adoption ". Commission agreed. Mayor Howell expressed concern over some of the designations. He suggested the zone classification from 16th to 18th St. be RS -2 and Blocks 61 and 62 RG -2. Substitute Motion: Reflect an amendment to the zoning map to show from 16th to 18th St. would be offered as RS -2. From the northerly line of 18th St.and encompass Blocks 61 and 62 to be zoned RG-2. From the northerly line of Blk 63 to the northerly boundary line of Lot Recorded in Official Records Book 5555 Page 2173, Official Records of Duval Co. to be zoned RS -2. No discussion before the vote. Substitute motion carried unanimously. Mayor Howell set the Public Hearing for December 8, 1986. �: :c ;'c �'; �Y is ;; �E ;c �'c �c :c .. �c %c �; ;: .. ,. �t .. 9; � ,.�; � x . �Y :c •.�, x a: B. Introduction of Ordinance No. 80 -86 -33 /-I-. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22 -23 TO PROVIDE FOR TESTING OF METERS; PROVIDING FOR CHARGES; PROVIDING AN EFFECTIVE DATE. NAME OF COMMRS. M S V Y V N Cook x Edwards x x Gulliford x x Morris x Howell x Cook x x Edwards x x Gulliford x Cook x Cook x Edwards x Gulliford x Morris x Howell x PAGE FIVE MINUTES NOVEMBER 10, 19£ Action on Ordinances - continued B Mayor Howell presented in full, in writing Ordinance No. 80 -86 -33 on first reading. Motion: Passage of Ordinance No. 80-- 86--33 on first reading. No discussion before the vote. Motion carried unanimously. Mayor Howell set the Public Hearing for November 24, 1986. * * „ * * * * „ * „ * * * * * .. * * * * * * :c * * * * * * * * * C. Introduction of Ordinance No. 65 -86 -12 AN ORDINANCE OF THE .CITY OF ATLANTIC BEACH, FLORIDA CLOSING., VACATING AND ABANDONING A PORTION OF VIOLET STREET, MORE PARTICULARLY HEREINAFTE DESCRIBED; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65 -86 -12 on first reading. Motion: Passage of Ordinance No. 65 -86 -12 on first reading. Following discussion, the question was called and the motion carried unanimously. Mayor Howell set the Public hearing for November 24,1986. D. Introduction of Ordinance No. 65 -86 -13 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF BELVEDERE STREET, MORE PARTICULARLY HERIN- AFTER DESCRIBED, RESERVING UNTO THE CITY A PERPETUAL EASEMENT FOR CERTA PURPOSES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65 -86 -13 on first reading. Motion: Passage of Ordinance No. 65- -86 -13 on first reading. No discussion before the vote. Motion carried unanimously. Mayor Howell set the Public Hearing for November 24, 1986. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. Further discussion on Ordinance No. 90 -86 -103 relative to the creation of a Special'Use District'ih the western portions'of "Section 1 � ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, TO ESTABLISH A SINGLE DISTRICT; PROVIDING AN EFFECTIVE DATE. NAME OF COMMRS. M S V Y V N' Cook x I Edwards x x Gulliford x x Morris x Howell x Cook x x Edwards x Gulliford x Morris x x Howell x N Cook x Edwards x x Gulliford x x Morris x Howell x PAGE SIX MINUTES NOVEMBER 10,198( Action on Ordinances - continued E. Mayor Howell announced the following changes incorporated at the last meeting: Blocks 139 and 143 which abutted Tulip St. on the west were originally included in the Ordinance, and they had been withdrawn. Anything on those lots would have to be pulled back to the west side of Tulip St. Everything would be cleared from Block 110 and that block would revert back to residential zoning. Nothing would be on Block 120 (not owned by Mr. Dagley). Mr. Dagley would construct a privacy fence on West 6th St. which would encompass Blocks 117 and 118 along West 6th St. Motion: Passage of Ordinance No. 90 -86 -103 on final reading Commissioner Gulliford commented he was going to vote in opposition to the motion, not anything to do with the personalities involved, not any recognition of one persons privilege or position over another, but felt it was a poor way to attempt to settle a condition that existed now that was brought about years ago by individual /s irresponsible to a condition that existed. He said the Commission was establishing a precedence for some type of exception for a sin that was committed some years back, and he was very opposed to the approach. 'ollowing discussion, the question was called and the motion carried with a four to one vote. Commissioner Gulliford voted nay. 11. Action by the City Commission to adopt Personnel Rules and Regu- lations of the Citq of Atlantic Beach amended and modified as of October 1, 1986. Item 11 deferred until the next meeting. 12.Discussion by the-City Commission on the desirability and feasibilit of authorizing the Cloisters Condominiums to close off the entrance to the complex on Tenth Street, and open the entrance to the complex on Club Drive. Marsha Dorsey, Treasurer of the Cloister Condominium complex, informed the Commission there were several reasons why they wanted to change the entrance, .1) Tenth St. was a traffic safety hazard; 2.)Tenth St, was s public access to the beach, and uninvited people use their property foi parking and also swim in their pool. 3.) They had to pay a lot for security to try and prevent the situation. They' planned major modifi- cations in landscaping soon and planned to install a wooden gate with lock for emergency use at Tenth Sty. Following discussion, the Commissic "'ltad no objections as long as they did not close 10th St. permanently. Miscellaneous Commissioner Cook asked the City Attorney to prepare an Ordinance NAME OF COMMRS. M S V Y V N Edwards x Morris x Cook x Edwards x Gulliford x Morris x Howell. x PAGE SEVEN MINUTES NOVEMBER 10,198 Miscellaneous - continued changing the name of Garage Approach Drive to Beach Avenue effective January 1, 1987. Mr. Mullis will have the Ordinance prepared for intro- duction at the next meeting. Commissioner Edwards urged everyone to observe Veterans Day on Tuesday, November 11th. Services will be held at Russell Park at 11:00 a.m. and at the cemetery in Atlantic Beach at 12:00 noon. Mayor Howell called for a Workshop Meeting for Tuesday, November 11th at 8:00 p.m. for further discussion on the volunteer fire department. There being no other business to come before the Commission, the yor declared the meeting adjourned at 8:30 p.m. William S. Howell, Mayor ATTEST: Adelaide R.Tucker,City Clerk r� NAME OF 5 COMMAS. M S V Y V N CIO 1,47 � ,Q&., <tr eze" November 18, 1986 �90GJZG6 -2io0 Mr. Richard C. Fellows Atlantic Beach City Manager 716 Ocean Boulevard Atlantic Beach, Florida 32233 RE: Raymond L. Dagley Ordinance No. 90 -86 --103 Dear Richard: As a result of the passage of the above otdinance.by the City Commission on November 10, 1986, Mr. Dagley will complete the following within a short period of time, no longer than ninety (90) days from November 10, 1986•, to wit: 1. Remove all junk vehicles or other junk items from lots 5 and 6, block 162, Section H, and cease using those lots in ary form or fashion in connection with his business. 2. Remove all junk vehicles or other junk items from blocks 110, 139, and 143, Section H, and cease using those-blocks in any form or fashion in connection with his business. 3. Construct approximately 200` of privacy fence on the south side of West 6th Street, with approximately 100'.going east from Begonia Street and approximately 100' going west from Begonia Street. . Please let me know if there are any additiorwi thoughts you might have on this matter regarding any actions to be taken by Mr. Dagley. He would like to obtain an occupational license .from the City, and I would appreciate you informing me of when he will be able to apply for and-obtain such a license. Thank you very much for your continued cooperation'in this matter, and I look forward to hearing from you in the very near future. Thank you very much. Very t'uly yours, Ala Jensen ACJ /sac cc: Raymond Dagley