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09-08-97.~--,..., CITY OF ATLANTIC BEAC13 COMMISSION MEETING -September 8, 1997 AGENDA Call to order Invocation and pledge to the flag Approval of the minutes of the Regular Commission Meeting of August 25, 1997 2. Recognition of Visitors: A. Presentation of Proclamation declaring the week of September 17 - 23, 1997, as Constitution Week in Atlantic Beach Unfinished Business: A. Action on a request from Kent Haines to appeal a decision of the Community Development Boazd B. Action of a request from Pulte Homes to waive the requirements of the Section H Drainage Master Pian C. Approve preliminary design for an animal control facility and authorize advertising for sealed bids for the design build facility 4. Consent Agenda: A. Acknowledge receipt of Capital Improvement Plan Progress Report No. 12, and monthly reports from Building, Code Enforcement, Occupational License and Recreation Departments 5. Action on Resolutions: A. Resolution No. 97-30 Awazd contract for the purchase of 800 MFIZ radio system for the Public Safety Department and approve Resolution No. 97-30 authorizing budget adjustment to provide funding for same 6. Action on Ordinances: A. Ordinance No. 58-97-24 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC: BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, E!:MPLOYEE BENEFITS, DIVISION 3, RETIItEMENT SYSTEM, SEC. 2-298(a), MEMBER CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS BY BENEFIT GROUP POLICE, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 70-97-12 -Introduction and First Reading AN ORDINANCE OF THE CTTY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, ARTICLE III, OCCUPATIONAL LICENSE TAX; SEC. 20-52.1, INSPECTIONS, TO PROVIDE THAT THE FEE FOR THE FIRE INSPECTION SHALL BE IN ACCORDANCE WITH SEC. 7-17; AND AMENDING SEC. 20-54, DUE DATES AND DELINQUENCIES; PENALTIES, TO AMEND THE PENALTY FOR OPERATING A BUSINESS WITHOUT AN OCCUPATIONAL LICENSE; AND PROVIDING AN EFFECTIVE DATE Page Two AGENDA September 8, 1997 C. Ordinance No. 5-97-31 -Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2, BY ADDING TO SEC. 2-19 RULE 25 WHICH LIMITS DISCUSSION TO COMMISSIONERS ONCE A MOTION IS ON THE FLOOR, AND PROVIDING AN EFFECTIVE DATE New Business: A. Authorize execution of annual contracts with Beaches'.~occer Association, Beaches Habitat, YMCA, Atlantic Beach Experimental Theater, and Atlantic Beach Athletic Association B. Public Hearing and action on a request for aUse-by-Exception filed by Gaetano Tabocchi of Massey Builders, Inc. To operate a contracjing business: to warehouse, trim, edge and polish marble and granite on property located at 1177 Atlantic Blvd. zoned Commercial General C. Public Hearing and action on a request for aUse-by ;Exception filed by Thomas Nilson to operate a limited wholesale operation for wholesale of products for bleaching teeth at property located D. Adoption of tentative millage rate of 2.9221 for fiscal year 1997/98 E. Public Hearing and adoption of tentative operating bu~9get for fiscal year 1997/98 F. Declare certain equipment surplus and authorize its sage by public auction G. Awad contract to AA Septic Tank Company, Inc., in t:he amount of $314,824.13 for Water Distribution System Improvements in Royal Palms Unit 1, as specified in Bid Alternate No. 2 of Bid No. 9697-23 (Bid Alternate No. 2 includes the base bid and additional work included in Bid Alternate No. 1) H. (I) Award contract to Partridge Well Drilling, Inc;., in the amount of $86,812.00 for a new well at Water Plant No. 2, pursuant to the specifications of Bid No. 9697-24; (ii) Reject atl other bids received on the second part (Base bid -piping) and the third part (base bid -instrumentation) and authorize rebidding of these two parts immediately; (iii) Authorize the City Clerk to withhold sending notification of award to Partridge Well Drilling, Inc., until after new bids aze received on the other two parts I. Ratify contract between the City of Atlantic Beach and :f~Iortheast Florida Public Employees' Local 630, and approval of similar benefits for non-union general employees 8. City Manager Reports and/or Correspondence: A. Report relative to Comprehensive Plan Evaluation Appraisal 9. Reports and/or requests from City Commissioners, Ciity Attorney and City Clerk Adjournment .~ ff azry person decides to appeal any decision made by the City Commission wih respect to any matter considered at any _ meeting, such person may need a record of the proceedings, and, for such pwpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. r-•.., Page Three AGENDA September 8, 1997 Arty person wishing to speak to the Ciry Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans. with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should cond:act the City Clerk by 5:00 PM, Friday, September ~, 1997. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC '~ ', BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEPvIINOLI ROAD, AT 7:15 PM ON 1V10NDAY, SEPTEMBER 8, 1997 PRESENT: Lyman Fletcher, Mayor Mike Borno John Meserve Steve Rosenbloom Suzanne Shaughnessy, Commissioners AND: Jim Jarboe, City Manager Maureen King, City Clerk ABSENT: Alan C. Jensen, City Attorney (Excused) The meeting was called to order at 7:15 p.m. by Mayor Fletcher. The invocation was offered by Commissioner Shaughnessy followed by The Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held August 25,1997. Motion: Approve .minutes of the Regular Meeting held August 25,1997. The motion carried unanimously. 2. Recognition of Visitors: A. Presentation of Proclamation declaring the week of September 17 - 23, 1997 as Constitution Week in Atlantic Beach Mayor Fletcher read the Proclamation declaring the week of September 17- 23, 1997 as Constitution Week in Atlantic Beach in its entirety and presented the framed document to Alice Hutton of the DAR. Mrs. Hutton thanked the City for its support and commented on the importance of the Constitution. B. Alan Potter of 374 Second Street read a prepared letter concerning the engineering plans for Sherry Drive storm drainage improvements and the potential for the drainage system to be a breeding ground for mosquitoes. The letter is attached and made part of this official record as ,-~-. Attachment A. V V O O T T E E S S M S O E T C I O Y O N E N COMMISSIONERS N D S O BORNO X MESERVE X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X Minutes Page -2- ~~ September 8, 1997 C. Boy Scout Troop 184, led by Assistant Scout Master Duane Weiss, was introduced and welcomed to the meeting by Mayor Fletcher. It was reported the Scouts are working on the requirements for their citizenship badges. D. Andrea Pennell of 579 Aquatic Drive stated she had information available to those who were interested on the Summit for the Future of Jacksonville Conference to be held from 8:30 - 4:30 PM at the Primc; Osborne Convention Center. E. J.P. Marchioli of 414 Sherry Drive stated he had been reviE;wing the preliminary plan for the core city improvements and noted eight parking spaces and the left turn lane had been eliminated at the intersection of Atlantic Boulevard and Sherry Drive. Mr. Marchioli suggested the plan be revisited to address this potential traffic problem. F. Jodie Richards of 589 Main Street referenced a petition which had been submitted earlier to the Commission requesting improvements to Levy Road. The request was referred to City Manager Jarboe. G. Ben Davidowitz owner of On the Boulevard located at the intersection of Atlantic Boulevard and Sherry Drive agreed with Mr Marchioli that parking spaces should not be eliminated on Sherry Dive. H. Political Candidates: Mayor Fletcher invited the candidates for the October 7, 1997 Municipal Election to introduce themselves. The following candidates indicated their intent: Suzanne Shaughnessy and Steve Rosenbloom Seat I, Mike Borno Seat III ,and Rick Beaver and Stei~hen Kuti Seat IV. I. Don Phillips of 1566 Park Terrace West stated he had reviewed the recently completed Master Drainage Plan for the City and offered the following suggestions: (1) staff should let the residents know the plan is available for review, and (2) staff should advise the residents on how the project will impact their area. Mayor Fletcher stated they were good suggestions and asked that consideration be given to implementing ahem. 3. Unfinished Business: A. Action on a request from Kent Haines to appeal a decision of the Community Development Board Kent Haines appeared before the Commission to appeal a decision of OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- ~.~ September 8, 1997 the Community Development Board denying a variance for hi€, property located at 1958 Beachside Court to enlarge a garage t11at would encroach 3 feet into the front yard setback. Mr. Haines' request is attached and made part of this official record as Attachment B. Overturn decision of the Community Development Board and grant the requested variance. Commissioner Rosenbloom stated he had personally looked at the property, which is located on a cul-de-sac, and it presents a unique situation due to the curve of the property. He further stated that because of the shape of the property, he believed it should have special consideration. Commissioner Borno questioned if the Community Development Board considered the uniqueness of the property caused by the cul-de- sac when making their decision. `~ CommissionerMeserve pointed out that the only reason for gr~inting the appeal would be that the Community Development Board :had acted illegally when denying the variance. He indicated he had not heard of any legal issue. Commissioner Shaughnessy concurred with Commissioner Meserve. Mayor Fletcher stated the Commission must uphold the law and it could not set a precedent by granting the request. Commissioner Rosenbloom stated he believed the applicant should be able to appeal any action of the Community Development Board to the Commission. Commissioner Shaughnessy pointed out the rules regarding the; appeal procedure were set by the State and Commissioner Meserve stated the Commission could not knowingly go against a City Code. There being no further discussion, the motion failed by a one t~~ four vote with Commissioner Rosenbloom voting aye. ~. B. Action on a request from Pulte Homes to waive the OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X MESERVE X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes Page -4- ,~. September 8, 1997 requirements of the Section H Drainage Master Plan It was reported Pulte Homes had withdrawn their request. The item may be brought back on a future agenda. C. Approve preliminary design for an animal control facility and authorize advertising for sealed bids to design/build the facility Motion: Approve preliminary design for the animal control facility and authorize advertising for sealed bids to design/build the facility. Commissioner Shaughnessy stated she received a call from a constituent expressing concern the proposed facility would be encroaching on park land. Commissioner Shaughnessy inquirl:d if the facility could be built in the city yard. Mayor Fletcher stated he thought there might be a minor intrusion into the park, however, the present location provides a noise buffer and if it is moved, it would be nearer to homes and the "noise factor" must be considered. The City Manager was directed to look into the feasibility of moving the building. There being no further discussion, the motion carried unanimously. 4. Consent Agenda: A. Acknowledge receipt of Capital Improvement Plan Progrress Report No. 12, and the monthly reports from Building, Code Enforcement, Occupational License and Recreation Departments The consent agenda items were received and acknowledged as pre:cented. 5. Action on Resolutions: A. Resolution No. 97-30 ~°^ Award contract for the purchase off 800 MHZ radio system for the Public Safety Department and approve Resolution 97-30 authorizing a budget adjustment to provide funding OMNIISSIONERS M O T I O N S E C O N D Y E S N O BORNO X MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X Minutes Page =5- ~. September 8, 1997 for the same Motion: Award contract for the purchase of a 800 MHO radio system as recommended by staff and adopt Resolution No. 97-30 authorizing the budget adjustment to provide funding for same. (Resolution No. 97-30 is attached and made part of this official record as Attachment C). There was no discussion and the motion carried unanimously. 6. Action on Ordinances: A. Ordinance No. 58-97-24 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC.2-298(a), MEMBER CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS 13Y BENEFIT GROUP POLICE, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher presented in full, in writing Ordinance No. 58-97-24' and opened the floor for a public hearing and invited comments from the:; audience. Since no one wished to speak, the public hearing was clo>ed. Motion: Adopt Ordinance No. 58-97-24 on final reading., There was no discussion and the motion carried unanimously. B. Ordinance No. 70-97-12 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, ARTICLE IIa, OCCUPATIONAL LICENSE TAX; SEC. 20-52.1, INSPECTIONS, TO PROVIDE THAT THE FEE FOR'CHE FIRE INSPECTION SHALL BE IN ACCORDANCE WITH SEC. 7-17; AND AMENDING SEC. 20-54, DUE DATES AND DELINQUENCIES; PENALTIES, TO AMEND THE PENALTY FOR OPERATING A BUSINESS WITHOUT AN OCCUPATIONAL LICENSE; AND. PROVIDING AN EFFECTIVE DATE ~'.' Motion: Pass Ordinance No. 70-97-12 on first reading. OMNIISSIONERS M O T I O N S E C O N D Y E S N O BoRNO x MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X BoRNO x x MESERVE X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X BORNO X X MESERVE X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X Minutes Page -6- ~, September 8, 1997 Mayor Fletcher read the ordinance by title only and stated the Public Hearing and Final Reading would take place during the September 22, 1997 Commission Meeting. There was no discussion and the motion carried unanimously. C. Ordinance No. 5-97-31 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2, BY ADDING TO SEC. 2-19 RULE 25 WHICH LIMITS DISCUSSION TO COMMISSIONER:; ONCE A MOTION IS ON THE FLOOR AND PROVID]iNG AN EFFECTIVE DATE Motion: Pass Ordinance No. 5-97-31 on first reading. Mayor Fletcher read the ordinance by title only and stated the Public Hearing and Final Reading would take place during the September 2.2, 1997 Commission Meeting. ~"" Stephen Kuti stated he wished to speak concerning this ordinance. Mayor Fletcher stated it was the policy of this Commission to allow discussion of an ordinance only at the final reading and Mr. Kuti could speak at that time. Commissioner Rosenbloom stated he disagreed with the policy and Mr. Kuti should be allowed to speak tonight. There being no further comments, the motion carried by a four to one vote with Commissioner Shaughnessy voting nay. 7. New Business: A. Authorize execution of annual contracts with Beaches Soccer Association, Beaches Habitat, YMCA, Atlantic Beach Experimental Theater, and Atlantic Beach Athletic Association Stephen Kuti of 1132 Linkside Drive pointed out a scrivener's error in the soccer contract and inquired if the various organizations were required to have liability insurance. Mr. Kuti was told individual organization> were ~ not required to have liability insurance. OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X X MESERVE X X ROSENBLOOM X SHAUGHNESSY X FLETCHER X Minutes Page -7- ~., September 8, 1997 Patricia Goelz of the Parks and Recreation Advisory Board stated the Board had not seen the contracts and asked that they be allowed to do so. Commissioner Shaughnessy, as Commission liaison to the Parks and Recreation Advisory Board, stated the Board should be allowed to review the contracts. Commissioner Shaughnessy also requested new copies of the agreements indicating any changes made. Mayor Fletcher inquired as to the changes. Ciry Manager Jarboe stated there was a new agreement with the Beaches Soccer Association ar~d the Athletic Association was requesting permission to erect advertising signs as a means to make money. Motion: Defer action on the execution of the agreements until the September 22,1997 Commission Meeting. Commissioner Borno stated he would like the use of a hold harmless clause in the annual contracts to be researched further. ,^ Commissioner Rosenbloom stated all organizations should be treated equally with regard to liability insurance. He fiu•ther stated he would like staff, the Parks and Recreation Advisory Board and the various organizations to collectively write the contracts so that when they come before the Commission, they are ready for approval. Commissioner Meserve indicated the Commission approved the standard contracts a year ago and at that time decided to dispense with the liability insurance requirement. There being no further discussion, the motion carried unanimously. B. Public Hearing and action on a request for aUse-by-Exception filed by Gaetano Tabacco of Massey Builders, Inc. to operate a contracting business to warehouse, trim, edge and polish marble and granite on property located at 1177 Atlantic Boulevard zoned Commercial General Motion: Accept the recommendations of Staff and the Community Development Board and grant Use-by-Exception to Gaetano Tabacco to operate contracting business to warehouse, trim, edge and polish marble and granite on property located at 1177 AtlanticBoulevard. (The Staff Report from Community Development Director George Worley dated September 2, 1997, is OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X MESERVE X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X X BoRNO x MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X Minutes Page -8- ~ September 8, 1997 attached and made part of this official record as Attachment D). Mayor Fletcher opened the public hearing and no one spoke. The public hearing was declared closed. There was no discussion and the motion carried unanimously. C. Public Hearing and action on a request for aUse-by-Excerption filed by Thomas Nilsen to operate a limited wholesale operation for wholesale of products for bleaching teeth at property located at 374 Ahern Street. Motion: Accept the recommendations of Staff and the Community Development Board and grant aUse-by-Exception to Thomas Nilsen to operate a limited wholesale distribution business for wholesale of products for bleaching teeth on property located at 374 Ahern Street. (The Staff Report from Community Development Director George Worley dated September 2, 1997, is attached and made part of this official,record as Attachment E). Mayor Fletcher opened the public hearing. Susan Green of England, Thims and Miller stated she was present to answer any questions. No one spoke and the public hearing was declared closed. There was no discussion and the motion carried unanimously. D. Adoption of tentative millage rate of 2.9221 for fiscal year 1997/98 Mayor Fletcher announced that the tentative millage rate was 2.9921 for fiscal year 1997/1998. He further stated that the rolled back rate for 1997/98 was 2.7795 and the proposed tentative millage rate was 5.13% higher than the rolled back rate. Motion: Adopt a tentative millage rate of 2.9221 mills for operating purposes for fiscal year 1997/98. Mayor Fletcher then opened the public hearing and invited comments from those present in the audience. OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X BGRNO x MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X Minutes Page -9- r^ September 8, 1997 Alan Potter of 374 Second Street felt the millage should be increased to support police and fire services and funds should not be taken from the water and sewer fund to support public safety. Commissioner Meserve responded that the higher utility rates charged to non-residents supports the general fund, which in turn provides services, and this was the right way to do business. Commissioner Rosenbloom stated the city has a great deal invested in water and sewer and should receive a return on that investment. Since no one else wished to speak, the Mayor declared the public hearing closed. There was no further discussion, and the motion carried unanimous: y. E. Public Hearing and adoption of tentative operating budget for fiscal year 1997/98 Mayor Fletcher explained the next item to be considered was the tentative operating budget proposed for fiscal year 1997/98 of $26,092,354. Motion: Adopt tentative operating budget for fiscal year 1997/98 in the amount of $26,092,354. Mayor Fletcher further stated the final budget hearing would be held September 22, 1997, and then opened the floor for the public hearing. Since no on wished to speak, the public hearing was closed and the motion carried unanimously. F. Declare certain equipment surplus and authorize its sale by public auction City Manager Jarboe explained that due to a technicality, not all sur7lus equipment listed in the previous request to declare equipment surplus was stored at the Public Works Building and he was now asking Commission approval to declare the additional equipment surplus. Motion: Declare the equipment listed in the September i, 1997 ,,,..~ memo from Purchasing Agent LaVake surplus and authorise its sale by public auction. (The memo is attached made part o f this official record as Attachment F). OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO X MESERVE X X ROSENBLOOM X SHAUGHNESSY X X FLETCHER R BoRNO x X MESERVE X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes Page -10- E,.e, September 8, 1997 There was no discussion and the motion carried unanimously. G. Award contract to AA Septic Tank Co., Inc. in the amount of $314,824.13 for Water Distribution System Improvements in Royal Palms Unit I, as speci£ed in Bid Alternate No. 2 oi' Bid No. 9697-23 (Bid Alternate 2 includes the base bid and additional work included in Bid Alternate No. 1) Motion: Award contract to AA Septic Tank Co., Inc. as recommended by staff and authorize the City Manager to execute the contract after City Attorney approval. Stephen Kuti stated he had studied the bid documents and read from a prepared statement concerning the bid prices for parts. Mr. Kuti questioned the price differences between the bidders and suggested the City supply the parts for the job. Public Works Director Kosoy explained that this procedure would make bidding impossible because there would be no accountability or warranties. ,*-~ It was pointed out the contractor is responsible for all aspects of the job. There was no further discussion and the motion carried unanimously. H. (i) Award contract to Partridge Well Drilling, Inc. In the amount of $86,812.00 for a new well at Water Plant No. 2, pursuant to the specifications of Bid No. 9697-1;4; (ii) Reject all other bids received on the second part (Base bid -piping) and the third part (Base bid - instrumentation) and authorize rebidding of thesr,~ two parts immediately; (iii) Authorize the City clerk to withhold sending notii~cation of award to Partridge Welt Drilling, Inc., until new bids are received on the other two parts City Manager Jarboe briefly explained the staff recommendation concerning this project. Motion: Approve the low bid of Partridge Welling Drilling, Inc., in the amount of $314,812.00 for a new well at Water PlaGnt No. 2 !~' pursuant to the specifications of Bid No. 9697-24 and authorize the City Manager to sign the contract documents OMMISSIONERS M O T I O N S E C O N D Y E S N O BoRNO x x MESERVE X X ROSENBLOOM X SHAUGHNESSY X FLETCHER X BORNO X MESERVE X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes Page `-11- !^- September 8, 1997 There was no discussion and the motion carried unanimously. Second Motion: Reject all other bids received on the second and third parts for piping and instrumentation and authorize rebidding of same. There was no discussion and the motion carried unanimously. Third Motion: Authorize the City Clerk to withhold notil',~-cation of award to Partridge Well Drilling, Inc. until after the n~zw bids are received for the piping and instrumentation. There was no discussion and the motion carried unanimously. I. Ratify contract between the City of Atlantic Beach and Northeast Florida Public Employees Local 630 and approval of similar benefits for non-union general employees Motion: Accept recommendation of the City Manager and ratify "^" contract between the City of Atlantic Beach and Northeast Florida Public Employees Loca1630 and approve similar benefits to non-union general employees. There was no discussion and the motion carried unanimously. 8. City Manager Reports and/or Correspondence: A. Report relative to the Comprehensive Plan Evaluation Appraisal Community Development Director Worley explained that the State's Comprehensive Planning Act required all cities to adopt a Compreh,nsive Plan and to conduct a review of its plan seven years following adoption and every five years thereafter. Mr. Worley further reported the Evaluation and Appraisal Report (EAR) requires each section of the plan to be reviewed, and he would like to meet with the Commission to discuss the changes which have taken place. Mayor Fletcher asked the City Clerk to coordinate a workshop to review the report. B. Town Center Merchants Association Request OMMISSIONERS M O T I O N S E C O N D Y E S N O BORNO x MESERVE X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X BORNO X X MESERVE X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X BORNO X X MESERVE X X ROSENBLOOM X SHAUGHNESSY X FLETCHER X Minutes Page -12- ,'-*.. September 8, 1997 City Manager Jarboe reported the Town Center Merchants Association, a new, separate organization from Town Center, had requested permission to hold a festival after completion of the paving project. City Manager Jarboe further stated he had some concerns with the request because the organizers wished to combine adult and children's activities and the sale of alcohol, and he did not feel this was a good combination. Much discussion ensued focusing on problems relating to past events held at Town Center. Commissioner Borno stated he concurred with the concerns expressed by the City Manager. Commissioner Shaughnessy also agreed stating children's activities and alcohol should not be mixed together. Commissioner Meserve stated "Dancing in the Street" had gotten out of hand and stricter rules needed to be implemented governing all aspects of this type of event. Commissioner Rosenbloom felt the Commission should not judge this request based on the problems which occurred in the past, and should work with the merchants to put on this festival. Mayor Fletcher stated the merchants need to get involved because they will benefit from the project when it is completed. It was also stated there needed to be a partnership between the cities of Atlantic Beach, Neptune Beach and Jacksonville and the merchants to keep the Town Center area vital. City Manager Jarboe stated he would not approve the Merchants Association request with the sale of alcohol. C. Recreation Advisory Board Letter -Bull Park City Manager Jarboe reported that relative to the letter from the Recreation Advisory Board, discussion of the final conceptual plan for Bull Park will be on the next Commission agenda. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Commissioner Meserve: Reported on a letter he received from Councilman Dick Brown referencing the existing ArlingtonBeaches Citizens Political Action Advisory Committee (CPAC) and stated he thought the Beaches cities might like to consider forming their own group to have some input in what goes on in Jacksonville. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -13- !^ September 8, 1997 Reported $1.2 million had been appropriated from the City of Jacksonville to begin the sewer service project for the Mayport Village area. Commissioner Shaughnessy: Thanked Staff for their efforts to save money by redesigning the animal control facility. Thanked Assistant Public Works Director Jacques for his thorough explanation of the Seminole Road/18th Street project. Reported her attendance at the Florida Conference on Beach Preservation and stated she would present a written report to the Commission nex week. Commissioner Borno: Thanked Assistant Public Works Director Jacques for the visit to the:, 18th Street project site. Thanked Chief Campbell concerning Levy Road parking. Mayor Fletcher: Directed Commissioner Meserve to get with the City Manager and contact the other cities to see if they are interested in forming a CPAC. Reported a 98% recycling rate and a 97% set out rate for the City. There being no further discussion or business to come before the Commission, the meeting adjourned at 9:15 PM. c_- ~ ~Q~ Lyman letcher Mayor /Presiding Officer ATTEST: v 5~ Ma ~een King, CM v City Clerk OMNIISSIONERS M O T I O N S E C O N D Y E S N O ^~~~~^ ATTACHMENT A _ SEPTEMBER 8, 1997 COMMISSION MEETING Alan W. Potter, 5r. 374 Second Street Atlantic Beach, FL 32233 September 8, 1997 City Commissioners City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Mosquitoes: a health hazard. Dear Commissioners: Your attention and concern is directed to the attached articles which appeared in the September 3, 1997 issue of the Beaches Leader. At the present time there is an encephalitis alert from South Geor;ia to Central Florida. Encephalitis (and other diseases) aze transmitted by mosquitoes. Mosquitoes require water, pazticulazly stagnant water, in which to lay eggs and to hatch eggs. Your especial attention is requested to the engineering plans forthe Sherry Drive storm drainage improvements. The lazge diameter drainage pipes and the several curb inlets, as designed, will have standing water at all times; particulazly following rain events and throughout dry seasons. It is doubtful that residents along Sherry Drive azea are aware of the mosquito problem that will accompany the new, partially-flooded curb inlets and drainage pipes that are to be constructed. Additionally, the children that attend Atlantic Beach Elementary School will experience mosquito bites arising from the proposed drainage improvements. Your careful review of the engineering plans is warranted. Respectfully, ,~ o ~~ Al W. Potter, Sr. AWP/amh Wednesday, September 3,, ISS/ •• I ne Leader'at I ne neacnes • n•a '~ SCIENCE s"~ MATTERS MOSquItOeS a COriCern, Ol1lClalJ Say ^ been reported in the Nassau County you should stay within screened-in S,~ U I T 0 E s: A e r e a I a s s a u I t by JIM SPARKS or Jacksonville area and health azeas and out of their way. STAFF WRRER officials say there is no cause foe Mosquitoes are not only more of a . ~~ --;'' y"-° ~`In. spite of human efforts to eradicate them, With a recent regional rise in public alarm. nwsance thts time of year they are ` ~ ~- inosgpdoes continue to live, breed and bite. mosquito-borne encephalitis, local also more dangerous." Health officials said fewer than ~ ~ ~+, ~ -- <,,_ Here's how. ~ health officials say people should Foreman card the department ~ $\ ~ ~ ~ MOSQEIItO fBCt,S use caution when outdoors. 10 cases of eastern equine en- used to keep flocks of chickens as ~ ° k~~`°"° l', ; ! Most mosquitoes live on plant In the past month throe people cephalitis have been reported in °sentinels," w determine the SS , `~~ t "" r` - / ~ - nectar or rotting material. The from Southeast Georgia contracted horses in Duval County while the presence of the disease. However, i~ e ~ ,'~ females of a few species need ~ the rare but deadl mos uito-borne numbeq. if any, of Nassau County ,fig a i ~. to feed on blood for their eggs y q horses that have contracted the tits- funding for the chicken flocks was ~ to develop; they bite humans, eastern equine encephalitis known cut when it was determined the + i, ~ - birds, cows, horses, frogs and as "sleeping sickness" in horses. ease is no[ known, birds' ability to act as indicators I snakes. ~A , ~ '~_-1 While there is a vaccine to protect Dolvin Foreman, environmental wasn't worth the cost incurred to ' ^A mosquito's buzz is the horses from the disease, a viral in-. manager for the Nassau County maintain the flocks. ~ - ' ' sound of its wings beating.. fectioa which causes acute in- ~' '" l' about 1,000 times a second. Health Department, said that even Duval County health officials '~~° flammation of the brain, spinal cord thou h-there have been no local, ~~ '" i~fr ` ~` ~ ~~, g have been considering plans to in- 1 ^ Most mosquitoes live within ~ tae surrounding membranes, human cases of the disease re r v ~~~ ~ i a mile of where they hatch. Po ' corporate this sentinel idea to .~ .none exists for humans. - tad, folks should still use caution ~~ ~ ~ _, Some travel up to 20 miles. horses. There had been debate, ~.~~~~-,.~ ..~ In one of the Georgia cases, a when engaging in outdoor ac- however, within the department `° ~ ~~, - ~ ^ There are more than 3,000 ~~lf ~,~,~~ ~s~~ ~ 12-year-old Coffee Coun boy tivities [hat monitonn horses mt ht not be ,. > .~ ~ _ .„. species of mosquitoes CI ~" '° ~ worldwide. died of the illness July 31. His g . • - ~ s„ `""'"'° - I death came shortly 'after state `7fus u the ume of year when effective since because of the vac- m ria~lir at as - - ~.e c mos. .,...mils u _,~Id be _' ~. ~ MOSQUItO- veterinarians announced the disease Ix:oPte Head w pay at«,,..~ Four sharp stylets bOfI18 fllSi$'dSliS ~- had been found in horses, quail, mosquitoes," Foreman said. protected agarnst the disease. ~_:~ pierce the skin. - a Malaria: Causes chills and ' emus, dogs, pigs and goats in °Mosquito-borne illnesses are still However, informal surveys by Saliva pumped .~ ~ ` ~' fever up to 106 degrees F Southeast Georgia. responsible for more deaths Duval County health officials "~~:© down hollow ~~ ~ a~ ~~~~~`~°- «--:.._ One million to 2 million "~~„ One case of the disease was wn- worldwide than any other illness, determined as many as half of the -. hypopharynx people die of it annually. :' firmed last month in Hamilton although most of those aren't major horses in the area haven't been :.keeps blood from Encephalitis: Deadly brain ~. Comty Florida around 90 miles health risks in the United States. vaccinated. Therefore they decided "':coagulating ~ °-° LabrumLabium inflammation caused by a west of Nassau County. Encephalitis is a recurring problem to go ahead with the idea of using Blood is sucked up ~ - virus So far no human cases of the that usually shows up now. People horses, since the animals are such ® through tubular labrum °..;~~~~ ~ Ye6ow fever: Virus that disease and its less dangerous need to use repellant and if the good indicators of the presence of damages the liver- ~-' cousin, St. Louis encephalitis have mosquitoes are extremely heavy encephalitis. V ~ The labium protects Dengue: Viruses cause mouth parts and guides muscle and joint pain and .the stylets. It does not fever. " penetrate the skin itself. ~ '-"'~`- ~:~'~ "', ~." ~- - - • ^ Mosquitoes are attracted ~ ~ _ ~ - ^ A mosquito often probes to victim's warmth, odor, ~®~r1Yf m 7 CC` lon~r~urging. precautions -~ several times with its moisture or carbon dioxide in I 1.11111i0~7 stylets before finding a sleeping person's bra h. "-blood. Each thrust may ~ ,cake 10 seconds. Fao^ srAFF to issue a medical alert asking doe- neck, disorientation, tremors, and Four piercing [ors to watch out for symptoms in in severe strains of the virus, con- ^ ff stylets damage ~ st lets Florida Agriculture Commis- patients after the vims was detected vulsions, paralysis or even death. ~~ small blood.vessels, a y stoner Bob Crawford is urging in animals there. .pool of blood forms and Hypopharynx_ Floridians to take more precautions Five cases of the more deadly Crawford is also urging horse '..the mosquito sucks up - a airs[ mo ,ti[o bites~as concerns tilood from the pool. - 8 sq' eastern equine encephalitis were owners to vaccinate their animals When a mosquito feeds, its grow about an increased risk of en- found this summer in ,South against EEE, which is often deadly abdomen swells so much the ~ cephalitis this year. -Georgia and North Florida. to horses. Anyone who suspects a ©Labrum ~ victim's blood can be seen ©Hypopharynx Labium through its thinly streched skin Brevazd County health officials Encephalitis is found in wild problem in their animals should 'are awaiting test results on two birds; rodents, bats and same rep- contact the department's Division ~~ ,, ~' suspected cases of St. Louis en- .olds, but mosquitoes ac[ as carriers of Animal Industry a[ (850) 488- ` ~ MOS UItO Ilfe C Cie ~' ~ cephalitis involving a 12-year-old and can infect humans and horses. 7747. People with health concerns Q y ~ ~ and a 27-year-old. Monday, Orange Symptoms of [he disease in humans should contact their county health r~~~,A - - l County became the second county include headache, high fever, stiff departments. E Needs ,~' ~~ ~ ~t}~ ~~ Larva: Fast~~'';Sr_ Pupa: The ~~',~„_,;... Adults When '-^ ?-r~ _ water to hatchj^~~ ~~'~ `- growing R~~r o~ swimming ~ pupa Is mature* ~-d• Females lay 100 to 300 wigglers" shed their """`,2d` pupae do not eat; they its skin splits at a time, usually in skins four times in tour change into adults in and the adult struggles swamps, marshes or water to 10 days. They eat two to four days, They free. Females live 30 ' in gutters, discarded cans one-celled organisms breathe through days or more; males or tree stumps. and each other. periscope-like tubes. live seven to 10 days. S SOURCES: The Way NaNre Works: The Hantly Science Answer Book; Grolliefs ACetlemic Amadcan Encydooetlia. - i; Online etlilion; Compton's Encyclopedia, Online edition; Natural History magaifne: Wodtl nook- ' ^~®~~^ ATTACHMENT B _ SEPTEMBER $, 1997 COMMISSION MEETING MEMORANDUM TO: Mayor and City Commissioners FROM: George Worley, Community Development G)irector ~>,~1~ DATE: August 20, 1997 RE: Appeal of Variance denial by Kent Haines Attached are the minutes of the Community Development Board meeting at which Mr. Haines Variance request was heard, as well a:s his application form and Section 24-49 (3) which defines the appeals process under Chapter 24. ~-~~. "~' ~-~ ~ ~~ ~ w~~ ~ ~~~~~.~ ~ \~° ~- ~w. ~~~ June 10,199? Dear Commission of Atlantic Beach, This is in reference to the meeting, May 20, 1997 of the Community Development Board. We applied for variance to add a room and Guere denied. This would involve using part of the existing garage as a ne~v room. `,n/e would then rebuild the garage in front of the existing garage. Part of the old garage would be used in this. We are appealing the denial for encroachment into the setback. As ave have already stated we feel that we are at a disadvantage due to the fact that our driveway is located on a cul-de-sac. This takes Away approximately seven feet of our property. This is causing a problem with the setback forcing us to ask for variance. We have talked with builders and architects for ideas and possibilities. This t>a~. resulted in failure to come up with something, other than what we have presented, that would fit our needs and enhance the outside appearance to our home. We don't want this to look like an add on project. Also, we have talked with our neighbors about our plans, concerns and frustrations. They are very supportive to what we want to do. It is obvious that our home is much smaller than the ones around us. Our plarfs would make our home ;~ larger and more uniform with the existing homes around us. Our plans would enhance our property and make our living space more usable. We feel that this is the only option that is acceptable for o=.tr #amily, lifestyle and needs. We are asking that you reconsider our request. Drawing> are included. Si erely, ~(~ Kent M. Haines STATE OF FLORIDA~v V ~ COUNTY OF worn to (or aifinned) and subscribed before me ttda j day of 19~ , by KEnlr h1. iMC~ (Notary Stamp) Sign re of Notary Personally known _ or Prodrued idantlfloatlon U s. NAy~- l ~ ~ `vas of Identification produced t7180~1 ~6 ,,..~. ~ < ~~"'••.~~ MAUREEN KING •r Notary Public, State of florioa ~i '° My Comm, ExO. Mar. 31, 1998 '<<~, ::°` Camm. No. CC 359683 ll/lAP SfIOWIIUG L30UNDtIRY SUIJVEY OJ~ AS Ii Ct'OR111ip W 1'1_A I~ IIUUI( ~f=" I'/AGli(ti)N//~~f~h~-/ACCUI(I )I pIU 'CI1 l'I lli At AI' RGCOIiI)IiU IN 'll lli <'l ll<IlIiN'I' I'UIILIC ItHC(pU ).`; UI' ijllA'/vI. CUIIN~I'1', fl t11<t U;A. 1 CliIi III'll U'fU: f,r r .^/ ~.. !v ~,. 1/ •(•°'~ I hi% / (Ie.~'.r[ (:'. r l¢i/G/N ! ~. sit" /S- /<IYy /G FgYG"~Ply:/~ ID~iE ~, ~,~„> r - ~ , ,.. ,~ .~, l --- - ,> , - ---~ <~,~~ ~ v 1"5~~_ a V >;;.~:": /9.1 ,.r.l /.:.J (+ __j~~ /~'~~ ~ r, / P ~ )_~_ r :---- -~~- . / ~./.I Q: y I ~" y) I h. _~ t~~ L1vl «~~. / tvl~ J r'~• r,n r e..~ ~ ° ~ 3 J, 00 l !'I.Y4^ ~ ~ i~ ptlllf' ~ ~.,. REAGN SiOE ~~. ~ lav re r° ~ ~ ~,,~ ., \,.(i. l~OZSle!(110 ~~E:. 3c.3D. . ~~ /, mar.. ~...r '(nOi(>I/I'rll()X !t!'Y/UtrryO Y(J(N()/!.C /r2'I/lON tY/'(:.// /.4. /~/N[/(; /IIIN/I)/tt//IVt /./.!I(N[I/[.Y /'. //N/r~l )Aryl.(/!I (Lf.lli(f..III.~.I.lilu/. ~. l.l_~Ilal.)I~:,. /r,c ATLANTIC £NGINEFRING GROUP °+?{IL4<Il.l':1'I<U, }11111: 21/1 ~\ L4'6}ilN\'11.1.1':. PI!9:11 ~.\ 1)'\/ U(I~I) IGO-0=L'~Il E16"°"'~.l' CL'.k'C(t'1' "1'SlA"f"fHIS hj~„Y~.J/?v / I. ~: , . .. i ,.. . nit ~'. //flln//!/I 21/11 /. L. O/'IJIA/)nll/r/5/HI/UNt UI (((tl (Anl lU..l :I. /3. r/Y///a/)/n 5'/.1/N//.. nl) 1l /ll/ .(I'll/ i. /., rr r.r li i/.ir I.)i<NI.'I.rtIN I/ )IVflIY/'~f:l/'I n:: ::IIIII)•rv I.N IIII...rll.ll 1. .Ili '.Ili%// Iil / ~'~ ' /~ / i ~ ti ~.,~ .._L_. , tF ' /':1UL 0.Dld'aN L`. JJ.Yd 1/LIA'I/l;!:: gild RU'v'n rM m,' ewe ~..~u.~ I :u.luuJ nalnune/¢ua/IN.auIln/n:/novveu.vnluan vr,m/<.c. r. Yr,l r)'/ lvLYC u.., .., , a.. /am rncn'.I ucm cunlr/uLUU .+. ..„nn .,_.. ' MINUTES OF MEETfNG OF `PHE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACfi, FLORIDA May 20, 1997 7:00 P.M. CITY HALL PRESENT Don Wolfson Robert Frohwein Pat Pillmore ' Mary Walker AND George Worley, II, CD Director Alan Jensen, Esquire Pat Harris ABSENT Mark McGowan Sharette Simpkins Buzzy Grunthal Chaimtian Don Wolfson called the meeting to order and asked for approval of the minutes of March 18, 1997. On motion made and seconded the minutes were approved. The chairman called for approval of the minutes of April 15, 1997. Mrs. Walker requested that with regard to the Application for Use-by-Exception by Affiliated American Inns l11, Ltd., the minutes reflect the board's discussion that the proposed restaurant and lounge was to be used solely for the use of the guests of the hotel and not advertised for public use. The approval of April 15,.1997 minutes will be placed on the agenda for the next meeting. I. Application for Variance filed by Julius Montagna to allow an existing nonconforming structure (cabana) constructed in 1988 to remain on property located at 1550 Beach Avenue. Chip Blumstein, attorney for the applicant, introduced Himself and explained that the applicants purchased the property in 1995. THe cabana was constructed in 1988 by a previous owner without obtaining a permit and encroaches the side yard setback by 2.8 feet. He presented letters to the board from neighbors indicating their approval of the application. Neighbors Karen Bremer and Joann Morriseau introduced themselves and expressed their support for the applicants. The chairman recognized the court reporter who was present at the meeting and employed on behalf of the applicant. The chairman recognized Don Ford, Buiiding Official for the City and requested his summation of the situation. tJir. Ford stated ti~at he met with the owner of the property iii i 988 for a routine inspection of the property and discovered that no building permit was obtained for the cabana. He indicated that the Shondelnneyers who were the owners of tf ie property stated that they would apply for the permit. I;e stated t~ gat subseguentty he was transferred to the Public Works Department and ttse matter did not come to his attention again until approximately a month age After discussion, tJirs. Pi;;more moved to grant the variance as presented with the exception that the structure, if destroyed, be constructed pursuant to the appropriate setback requirements. fJr. Frohwein seconded the motion ,' During further discussion it was the consensus of the board that the situatian arose from a previous owner's error in not permitting the structures and the City not pursuing the matter. The board also noted that there was an undue hau-dship placed on the applicant who purchased the property in good faith and thereby s~ssumed responsibility for the current situation. After further discussion, the chairman altered a substitute motion to grant the variance as requested according to Section 24-$5 but that it be an after-the-fact variance ~'°'" with the history of the issue along with the court reporter's transcription be attached to these minutes. The motion was seconded by tJir. Frohwein and the variance was unanimously granted. It. Application for Variance fled by t_oweil G. Borah, Sr., to construct a screened porch addition that vriit encroach the rear yard setback at property located at 92 West Fifth Street. Nr. Borah introduced himself and stated that he and his wife recently had the residence constructed and desired to construct a screened porch onto the house that would encroach the rear yard setback. He stated. that he was unaware of the setback requirement. He presented letters from neighbors supporting his request. He also presented pictures to the board of Doug's Towing Service located directly behind his property indicating construction encroaching the rear setback. After discussion, tJir. Frohwein moved to deny the request for variance. tdirs. Pillmore seconded the motion and the variance was unanirr7ous{y denied. The chairman requested staff to investigate and reF>ort to the board at the next meeting the history of the encroachment of the structure located to the south of 92 West Fifth Street. r-~. ;ii. Application for Variance filed by Kent and Cindy Haines to enlarge a garage fat Wifi encroach the fiont yard setback at property located at 1958 Beachside Court. ivir. i-iaines introduced himself to the board and staled that he desired to extend the existing garage out in line with the front of the main part. of the residence. Due to the curvature of the property line at a cut-de-sac, the proposed construction will encroach the front yard setback by three feet. The chairman informed the applicant that he could withdraw his request and reapply with a different plan for the board's consideration but if the board denied the variance it would be for a one year period before he could reapply. A?Ir. Haines declined to do so. After discussion, and the board determining that an alternative exists even though not as cost effective, Mr. Frohwein moved to denythe request. Mrs. Walker seconded the motion and the variance was unanimously denied. VI. Application for Use-by-Exception filed by Ted and Debra Jackrel to operate a distributorship office for paratransit vehicles at property {orated at 58 West 9th Street. Mr. Jackrel introduced himself and explained that hE: operates a distributorship of vehicles designed for handicapped users. He stated that they business does not generally sell vehicles at retail but are stored on site and sold whole:~ale. The principal use of the property is to be office space for staff but ause-by-exception is required because of the sale of vehicles. He indicated that the property adjacent anti due west is the location the completed vehicles will be stored prior to sale. Mr. Jackrel stated that approximately fifteen vehicles would be stored at the property and the area fenced in and no repair work wauld take place at the property. He stated that at present there are five employees which may increase to six or seven but the parking in the front of the building is adequate for their personal automobiles with six spaces being available. The chairman expressed concern regarding lighting ~rnd dust problems as well as hours of operation since the property is adjacent to residentially zoned property. The applicant expressed willingness to comply with requirements with regard to those issues. Mr. Worley explained that the applicant would be required to comply with appropriate zoning requirements including a wall or fence separating the residential property as well as lighting and landscape requirements. After discussion, Mr. Wolfson moved to recommend to 1:he City Commission that the use-by-exception be approved subject to the following: 1. That there would be no lighting that would interfere with the residences ,,,~, immediately adjacent to the property; 2. The hours for conducting business would be from 8:00 a.m. to 6:00 p.m. on weekdays and Saturdays with no business conducted on Sundays. \~. `. e. r r wv. nrI Irlcn'rnm rUll vnlalnNCr: APR 3 U 1997 FI>~n NI!X'I' Pf f•:I•:'I'I NC Un'I'1•:: s~~~~9J rirhnsl< ~rnrr: uIt rI+INr Ica I,ul, City of Fiilantic Beach Buikiil ~~, arid. Z.gning rtI•INI, ur;nul,INl,t: l7 h//7/ nrrl Il ;vr u,r: rl- s7rl. uu 'I'u IUiWUI•.S'I' .A A'n6'1;1N1'r: P17url 'f I1 P I71~:(;1_IIrA'I'InIJti IiVUll:n'I'I':U IIP:-t P:IN, 'I'llP nrrlrlll;wr rnls~r snlna 'rnnr rnl~:Il r: nrr; urvNr:c usr;nl;e unl+usn ur: I;~ 1>v7rYlydc unr rul< w'rtrll''r trh'rrelt ur rnl.: anu:. Kzn~~ I C.(n:~~F H4rnes l~r..1;f ~ C(no~ ~~c,.na~S~ nl•PLi~~;Jllt c :d.'Imp L95~' s~e~E:~ s~~e ~F lld re cs ciev,sl:lt.r, all) uldno rs [d:uno. .. n,i~i,~E`~~ w Cilc, SLn Le,Zip 'fc LE'I~Ilo uc:_ _. _ $L. CE`n. 21lIrf CPC< :111<I L9t!aI r2ti(L 1'LI'L IUII OI .ti 11I1,i Pi'I, I)I'VIV`1'I\ Jail-0: ('OII~' pI Llnn(I :Ilid till l'('f`\' OI' ~1 OI. ~,I flil IIP~II':II III$ II I'UI~OgI'll C OIIS ~1'll ('(',IOII IIIUfi I. ~)f il1.L ACl1(`Ij. _ __ _ Louin; vlflesi ['ic~l.iom of plu ti E~c:l ion of cod e• troll! I.Ilich enriarly l` iv snug!! t.: ~y - ~~ )JPFeI; )I)rr Oa l'1H)Ir:" rPlJ11FC1.4t1; _~,, ~ _ -fit _ _ _ Sut'po rt. irlg da\t,n which shn+tld hr ccnls ille r'?d Ly 6o+1 rd: -~~ ~.).. ~JCri 4o~. fir` ... ~`~..__C..:a.: c~A-1_I~C... .~c, i~C'lo(~_ 1N P11,7 NG 'CIICS nPPLICA'PLUN POR Vn h.1nN('G, '1'11 l? UNDI•:2S (CNI"sq VNUfiRS'frlN05 f'1' (7 (p;COMfiS /A PAK'P UP '(~if h: OPGICfnL 2fUUftiIS UP 'I716 CIl'S' ANU UOliS Il lilt!; I41' CGR'I'LI~P 'I'lln'I' ALh LNI~OIiMA'I'I ON CDN'1'nJ NI!:U II~FISIM 1:; 'I'ItU I3 "I'U 'fllb; III; S'f t)F Iltti/11 I31t IW(Iw 1, 14U(ift. 1 I Sii;nn La rc of Prol~E rt..• Uwn~~r required I'nr pro r.l`sti i n): I MAP SI~lOW/NG l3UUNDAf~Y SURVEY Ol LU I' ~~ ,Ill (H:K _ / ~JEilc;//s'//>C AS KLCO KUIiU IN I'I,A'I' 1{OOh ¢Z I /vG L(S)/>'/4q/Cf /f~:/AC COKDI N(.. "'(1 'I'I lli t`Inl' HIiC OKUIiU IN 'I'I lli ('lI KItCNI' PUI3I,IC I21iC02 Uti UI' UlJ A'/vI. 2'UIJ N'I l', '~, II ,ukIIL\. CIiR"f .L 1141iU 'fU: f~~>" %I f' //.v/..ar q,.,, ['v.. r',.,/~ 1/ /.,, ~< ,, ,. . , - .r ,~, \/n v /Fn i'n !!F'o, /?i.o.~f° ... wc'n<r// ln,~,o ;~F %~ /~J. ~ L/~, s u (,~ /5 /:Clvn rE E//role..:' ~/:o.r ~ c' ___ ~ ~ ~ ~SJ/ / /J I __ _ .. 111~~~~ l l~;~ V / : f i Y .S s/°SA n'~ ,N ~VNij ~ ' /rN<N N //] >' ~ _ J ., ~ .., 9a^E, ~Z~°~f / Y,,'F/p' ~M , C'Fn:Zfc F~eur ~ . i 3.00 ~s Zo iss.4~,.E- .„ ~, E Cn~u/C n! nF ~/n+'~ OEAGNS/O ~, ,;, ,•; /g, ()OCNO)CS I/1"l/tON f/Ff /VVNV •O(NOILC I/-'//IVNry/'(S/'/ /.C'. //(Nn/fS FV/NI VF <:1/FV( /'. ]'.V(NV//. S'l'Vlrvl ra/'/AN/:(NI /.././ I/l xllll;'llll/1//INI: /:l:~ll:i(, III~N II/I! ATLANT/C ENG/NEER/NG GROUP PI\511AH'1'1.1']'I:I1, 5111 I1iNgA lAt'ICSUNVLL11l. it /11!11 a\ P+tl (~ua~ zoo-oazu lilt lilSl' G';R'P1Fl"IIIA'I"1'1115 Ci(~o.~o naY r/4(lllll/flln /'/(/1) O VSI NIFIMIION fU(./! II V.1VI 10, llfNn/E. //>///<// Inl//.- I // 'C/',1,tC~~M1+/NI^ 111 :.er//r/i,l//.( / Ir/I/NI I/glvlXf//I°i: FI/It1VN llx l/u;::.l~l: vl )' ll.l. I I l,l~/I/nl/e I ll/ r/J ~.., Pill/l. /,LU/;;1'IN /fl, .h!'fl /1/[<61'llifNR/N/'/N/iJl/tiRUlq' ll.on zwr ~ n. u.r 'l /I n:mnnFnonn lx<nu. _ NLI N /.. Jl i•/ ,C F~ p ann ro/~ /<./. Incrl-r. c+ nlm l.,lnlruonulr ,:~„mil/,l . ,,,. -__. _'9 _ .... `. •~ - ' •" r r Prepared bY,%9Rj2~ QFFIGtA4 RECOApS,~~ PaocessloNAl. LAND 'rrrLc .a,,,,,,;;-~,-T.,_ CORPORATE Professional Land 'rit]e Services, Ii 6507 Pine $tl~ni0lt Drive WARRANTY DEED Jacksonville, F1. 32211. ,-~. S INDENTURE, Made this 19 day of FeJ>r ua ry , A. D. 1° II88ETWEEN CARL REIiSE ANU COMPANY, INC. a corporation organized artd existing under the laws of the State of FLORI UA Grantor, and KENT M. HAINES and CYNTHIA W. HAINES his wife P ,Whose Post Office Address is: 1958 BEACHS IDE COURT, ATLANTIC, BEACH, F;.oe a 322 3 ,Grantee, WITNESSETH: that the said Grantor, for and in convderauon otf the sum of3ten and00/100 Dollars and other valuable consideration, in hand paid by the said Grantee, the receipt whereof-is hereby acknowledged, has granted, bargained and soldto the said Grantee, their heirs and assigns forever, the following described land, situate, lying and being in the County of DUVAL ,State of Florida,ao wit: Lot 24, Block 1, BEACHS IDE, according to plat thereof recorded in Plat Book 92, pages 14, 14A, 19B. and 19(*, of the current public records of Duval County, Elor ida. Said property is not the homestead of the Grantor(s) under the laws ~ and constitution of the State of Florida in that neither Grantor(s) C 1'1" nor aay members of the household of Grantor(s) reside thereon. G~,'li' I sYA~r-~~"~ o~~~Al OOCUMEDJTARYi ~. ST1MR TAXII ~ I N pe=etosaoe~\ rvi493.35,1 ~ C 11'1[9 ~ - =~~~~ Subject to covenants, restrictions and easements of record. Subject also to taxes for 19 g~~nd subsequent years. And the said Grantor does hereby fully warrant the title to said land, ar~d will defend the same against the lawful claims of all persons whomsoever. 1n Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporated seal to be hereto affixed the day and year first above written. CARL E E D COMPANY INC. Signed a Sealed in Our re ce: C RL REESE ,, Its pR ES IDEN'P ~; ..'~ (Corporate Seaq %>~~. f :' State of Florida County of Duval The foregoing instrument was acknowledged befor "jne this day of ~(.. 19 Febr u.~ry 19 88• by CARL REESE, PRESIDEN'P of CARL REESE AND COMPANY INC '"' , a.'""~"'.LORI DA corporation, 6n behalf of 'F)e'corporati P^ n,i „2: j7 ~ ~8 1'7G~34 ~ - ~ `~-- _ Notary Public ^y Hmn,v Folder. Strim of Flo,hla ,. , ~ ' My commission expires: 1,1 r~ „. Y, ;vd. ld, 1791 'r;ii~~~r.~.'gi 88-8079 C 24-47 ATLANTIC BEACH COD; ,A, (9) To post signs on property undergoing zoning proceedings and promptly remove these signs after the zoning process is completed; (10) To mail notices of zoning requests to be considered at the regularly scheduled meet- ings of the community development board to respective members at least seven (7) days prior to the meeting date to allow members ample time to review the requests; (11) To hire such persons as necessary to assist in the :fulfillment oC the requirements of the office and delegate to these employees the duties and responsibilities assigned to the administrative official as may be necessary to carry out properly, the functions of the office. (Ord. No. 90.8`2-74. §'LiIII, B, 2), 7-26-82; Ord. Np. 90-87-117, § 1, 3-9-87) Sec. 24-48. Planning agency. The community development board, as established by the city commission, shall serve as the planning agency and shall have the following duties and responsibilities: (I) To review those matters referred to the planning agency and hold regtilarly sched- uled meetings for the purpose of reviewing such da:uments; (2) To review site plans for all proposed subdivision development redevelopment, includ- ing planned unit developments, in the city; "" (3) To transmit to the proper governmental bodies, agencies or departments the written recommendation of the planning agency, where the recommendations are called for by this chapter; (4) To provide for internal procedures, with the assistance of the administrative official, required to carry out the intent of this article. Such procedures shall include dead- lines for filing applications prior to regularly scheduled meetings to allow time for adequate review and the preparation of a written report and recommendation of each application. (Ord. No- 90-82-74, § 2(III, B, 3), 7-26-82; Ord. No. 90-87-117, § 1, 3-9-87) ~_~ Sec. 24-09. Community development board. The community development board shall be appointed by the city commission. The organization and procedures under which this board operates, its arrangement of meetings, adoption of Hiles and its method of handling appeals, variances or other related matters shall be in conformity with the provisions of Chapter 14 of this Ordinance Cude. (ll Power and duties. The community development board may: a. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made Icy the administrative official in the enforcement of this chapter; b. Authorize, upon appeal in specific cases, and upon findings of fact, such minor variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provi- Supp. No. 5 1422 ZONING AND SUBDIVISION REGULATIONS § 24-49 sions oCthis chapter will result in unnecessary hardship. In order to authorize any variance from the terms of this chapter, the community development board must find that: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other ]ands, structures or buildings in the same district; 2. The special conditions and circumstances do mgt result from the actions of the applicant; 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or struc- lurea in the same zoning district; 4. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and the variance will rtoi be injurious to the area involved or otherwise detrimental to the public welfare. c. In granting any variance, the community development board may prescribe appropriate conditions and safeguards in conformity with this division and any ordinance enacted under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. d. Under no circumstances, except as permitted above, shall the community devel- opment board grant a variance to permit a use not generally permitted or permitted by exception in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.. e. In exercising its powers, the community development board may, upon appeal and in conformity with the provisions of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination being appealed, and to that end shall have the powers to direct the issuance of the necessary permit. (2i Appeals ofadmirzistratioe actiarzs. Appeals to the community development board may be taken by any person aggrieved or by any officer, board or department of the city affected by any decision of the administrative official under this article. Such appeal shall be taken within thirty (301 days after rendition of the order, requirement, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the community development hoard a notice of appeal Supp. Nn, 5 1423 § 24-49 ATLANTIC BEACH CODE specifying the grounds thereof. The appeal shall b.' in the form prescribed by the rules of the board. The administrative official shall, upon notification of the filing of the appeal, transmit to the community development board, all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. a. Stay of work. An appeal to the community development board stays all work on the premises and. all proceedings in furtherance of the action appealed from, unless the administrative official shall certify to the community development board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining ordert which may be granted by the community development board after application to the officer from whom the appeal is taken and on due cause shown. b. Hearings ojappeals. The community development board shall fix a reasonable time for the hearing of the appeal, give publi: notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing; any party may appear in per.:>on, by agent or by attorney. (3) Appeals of decisions ojthe community development hoard. Any person or persons, jointly or severally, aggrieved by any decision of the community development board or any taxpayer, or any officer, department, board or bureau of the city commission, may present to the city commission a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the commission within thirty (30) days after the filing o£ the decision in the office of the board. (4) In exercising the powers granted by this section, the: community development board, by the concurring vote of the majority of members, may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and to that end shall have all the power of the official from whom the appeal is taken. Rulings and decisions of the community development board shall become effective ten (10) days after the date of such ruling or decision. (Ord. No. 90-82-74, § 2(1~I, B, 4), 7-26-82; Ord. No. 90-87-117, § I, 3-9-87) Secs. 24-50-240. Reserved. DIVISION 3. APPLICATION PROCEDURES Sec. 24-61. Amendment, repeal. (a) The city commission may from time to time amend, supplement, change9r repel' the zoning regulations, restrictions or district boundaries as set gout in this chapter. !'"~` (b) Proposed changes and amendments may be suggested by the city commission, the planning agency, a property owner for his own land or by petition of the owners of fifty-one Supp. No. 5 1424 e ^_~~~^ ATTACHMENT C SEPTEMBER 8, 1997 COMMISSION MEETING RESOLUTION NO.97-30 9 - a ~ " 7 A RESOLUTION TRANSFERRING CERTAIN MOISIES BETWEEN FUNDS WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustment from time to tin~.e. NOW, THEREFORE, $E IT RESOLVED by the City Commission of the City of Atlantic Beach, that the following Budget Modification be approved for the 1996/97 budget: Account # 001-2002-522-5201 001-2002-521-6401 001-3002-522-6400 001-3002-522-1200 001-0000.581-9103 300-0000-381-1000 300-0000-522-6400 Descri to ion Budget Patrol-Gas 33,500 Patrol-Equipment 35,601 Machinery & Equipment 9,506 Salaries-Fire 330,704 Transfer to Capital Project Fund 100,271 Transfer from Gen. Fund 100,271 Machinery & Equipment 31,085 Revised Budgcet Difference 27.500 < 6,000> 21,601 <14,000> 1,506 < 8,000> 328,704 < 2,000> 140,271 30,000 140,271 30,000 61,085 30,000 Budget transfer to provide funding for 800 MHz radio system for Public Safety Department. Adopted by the City Commission this 8th day of September, 199'x. Lyman T. Fletcher MayonPresiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Maureen King Certified Municipal Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Bid Award for 800 MHZ Console Equipment ~~~ SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: August 28, 1997 BACKGROUND: Last year in 1995-96, t)Fe City of Atlantic Beach changed from the VF1F radio system to an 800 MFiZ system. This conversion was initiated after obtaining an opinion from a communications consultant that recommended w..; utilize the City of Jacksonville 800 MFIZ system for our communications. We purchased hand held radios and mobile radios from E.F. Johnson, purchasing offof other government contracts. Last year, these radios were programed and implemented in the field. The next phase of the system was the acquisition of console equipment for Public Safety Communications. There were several manufacturers who could provide console systems, so the City selected a communications consultant to review City needs and write bid specifications that would enable the City to bid the equipment. This was accomplished during this fiscal year (1996- 97), and the bids were advertised in July 1997. The original bid openings were planned for August 7, 1997, but after receiving a request for more time, the t~id deadlines was changed to August 20, 1997. The low bidder was ModUCom or Modular Communication Systems, Inc. based in N. Hollywood, Ca. with a price of $43,643. This company enjoys a good reputation locally through their work with the City of Jacksonville where they haue installed and maintained equipment. They are also expected to put consoles similar to the Atlantic Beach console in the Jacksonville Fire/Rescue Department in the near future. Several of Jacksonvi]',le's people spoke highly of the equipment. Since the receipt of the bids, E.F. Johnson has contacted the City expressing its concern relative to the equipment and whether or not it will haue Multi-Net features (see attachment). The description of the ModUCom equipment in their bid lists aMulti-Net control station w/accessories in the bid. Subsequent conversation with ModUCom confirmed this. E.F. Johnson does not allege any impropriety in the bid process. The proposed equipment appears to meet the bid specifications, and ModUCom's bid price was the lowest of the bids submitted. RECOMMENDATIONS: We recommend that the City Commis:;ion accept the low bid from Modular Communications Systems, Inc. for $43,643. ATTACHMENTS: See E.F. Johnson letter ModUCom Bid Document See Purchasing Docu ntatio REVIEWED BY CITY MANAGER: AGENDA aTEM: ~. ,~ '= EF)ohnson~ WIRELESS COMMUNICATION PRODUCTS & SYSTEMS Corporate Headquarters August 25, 1997 Mr. David Thompson, Director of Public Safety City of Atlantic Beach 850 Seminole Road Atlantic Beach, FL 32233 Dear Director Thompson: u o0-2~ snn iosr aootevnu, .I,irc i 3j V~Fi15L NgPIY iO )AIXSONV!!lE rl 3'>2Z3 TI I. 304UifG 3 l r The cover letter in our response to your invitation to bid # 9697-22 Dispatch Console and Auxiliary Radio System, stated that our response took into account the growth and technological future of the City of Atlantic Beach. With this in mind E.F. Johnson Company responded to your invitation to bid wfth a full feature Multi-Net console system. Although we recognize that your present system is using an LTR protocol, the user equipment is Multi-Net. Hopefully in the near future, the City of Atlantic Beach will want access to the Multi-Net features and benefits of a fully operational APCO 16 public safety system. Our response has taken this into consideration. Unlike some of our competitive responses and lower pricing, I am led to believe that this was not considered. I urge you and your commits®e to consider this prior to making any decisions that may cost the city additional tax dollars 1:o achieve this goal. Should you have any questions, please feel free to call. American Sales .~-.. BZD N0. 9697-22 - DISPATCH CONSOLE AND AUXILIARI".RADIO SYSTEM TOTAL PRICE BID to provide DISPATCH CONSOLE AND AUXILIARY RADIO SYSTEM as outlined in these specifications (Extended Totals of Items 1 through 5 of APPENDIX A on Page 30): $ 43,643.00 forty three thousand six hundred forty three (Dollars) SUBMITTAL• F Modular Communication System BIDDER 13309 Saticoy Street BUSINESS ADDRESS North Hollywood, CA 91605 CITY, STATE & ZIP CODE DATE: 8/18/97 CONTACT PERSON:. David Binns BY navid A. Binns ' SIGNATURI?. VP Marketing & Sales TITLE 972 509-8144 BUSINESS TELEPHONE PHONE NUMBER: 972 509-8144 APPENDIX A -Bid Document ~~{.~ .~) tr S ~ y Y x 3~ ~" v a '°VYi y s~~ ~~x , ~ } ~. ~ ~ 5 ~..: Y~ v ~m1 ~~[ y: ~C r ~y ~s iyY Y *#W L,. . ,. ,C f . . e F '~ ! , y ` "t ul.1 % A ~ ~ ~ ~ ~ ~ ' y , .~{~ ~ . .~ ....~~ jjj +~ T Y ' ~ :Y F .: i_~ FS.r ,~. Z[_ ` „ Wit. SCI {3'.Y W 1 '4C CL'~..3 h.n ~ ~ ~..JYLtiL~~..r~i ~~~ LL~'n`` Y'h^}~y y'-^t'~:~')[:i'~~i2A`-.Lb.;~. S.L~a'C Ttem Aescription Unit Price Extended Total 1 CRT-based touchscreen console 1, 2 6 0. 0 0 31, 2 6 0. 0 0 2 Multi-Net control station w/accessories 1, 9 5 0. 0 0 1, 9 5 0 .0 0 3 Installation of console 9,550.00 4,550.00 4 Installation of control station 6 8 3. 0 0 6 8 3. 0 0' 5 Training 5,200.00 5,200.00 6 Warranty: One year Included 7 Extended warranty: Year Two 2, 4 0 0. 0 0 2, 4 0 0. 0 0 8 Extended warranty: Yeaz Three 2, 4 0 C. 0 0 2, 4 0 0. 0 0 9 Extended warranty: Year Four 2, 9 0 0. 0 0 2, 9 0 0. 0 0 10 Extended warranty: Yeaz Five 3 , 100.00 3 , 100.00 Recommended test equipment: 11 The system is self testing to 1, e compose t level Recommended spare parts 3, 000.00 3, 000.00 12 w ~ i'roposed services aad labor (';n detfiilj ~ 13 All labor included above for tti nkey sys em 14 Optional: 3 Bay Furniture 3,500.0 TOTAL OF BLD 57 , 4 4 3.0 0 The Bidder ~nrarantees the availability of each system component, as well as all necessary software, documentation, product support, acid other components ~~°'^ necessary for system expansion, or their functionally equivalent replacements, for at least e}ghtycarg from the date of acceptance. 30 ATTACHMENT D SEPTEMBER 8, 1997 STAFF REPORT ,~ AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: Use-by-Exception for Stone lutason COMMISSION MEETING __ _ __ q~o~-97 George Worley II, Community Development Director September 2, 1997 The applicant, Gaetano Tabocchi, desires to operate a stone masons business at 1177 Atlantic Boulevard. The business will consist of cutting and finishing marble and granite. The applicant will sell the finished stone prirnarily at wholesale, however some retail sales may occur. The applicant will be responsible for compliance with ali building and fire codes prior to occupying the building. RECOMMENDATION: The Community Development Board recommended approval subject to the Use- by-Exception being granted to the applicant only and for this location on;y. ATTACHMENTS: 1) Application for Use-by-Exception 2} Draft Minutes of the Community Development Board REVIEWED BY CITY MANAGER: AGENDA ITEM N'O. -~ Please Type or Print in InH Application Fee ti100. OU RE'CEIVE® APPLICATZUN FOR "USE BY EHGEP'I_I ON" it 11 ~ {~ ,Qy7 - City of Atlantic Beach Date Filed:__~~~~/Y_~__ Belding and Zoning Name and Address of Owner or Tenant in Possession of Premises: _~IJ1SS='Y_13_~l L Dc23_ /.~ P . _________ Phone q ___-_ /(7~-/~~//~TlftNTaC OltJr~___ Work: ]]Q 1~k7 __~~_77________________..___..._______ ___~ill__ ~ ~___~ _______ _l~7Lft~ilZ(C _l,~~C.f~t ~~L _>?~~~~_--- Home: ~Nh iao rv/.j~t~NGF_[J (j ~.~ ~~ IO~ Street address and legal description of the pre~ieee ae to which the "Use by Exception" is requested: _~ttz~ ~yrL9 Nr~.C.. ~_4~~__}3_'=~,,,~ ~~ _~~~1J~--~-~__~~t zva -- --- ---~~--`~ 3''{_ i~'=~~-==? f -"---~Ps..tL_14 rC_l'zcl~ _%3G 4 e~ _~ ~ _~~ r3_(a (Qy __(fy b. A description of the "Use by Exception" desired, which shall epecif ically end particularly describe the type, ctraracter end extent. of the proposed "Use by £xception•: ----- ------------- Specific reasons why the applicant feels the request should be granted: --~~[4_.v_rcT_'_~_aD~e-e__~av_r ~~C13=/~~~_<4--.IJ9_~~~- °.!~------------- Zoning Claseificationr / ~ `` ~,,~ ( / Sigiure otvap scant/applicant's ignature f owner o e property. out rized age t or attorney. If Application canno 6e processed agent or attorney, include letter without owners nature. from applicant tc that effect. Applicant: Do not 'f ill-in beyond this point. ifowever, 6e prepared to respond to the following items: FINDINGS OF FACT _ _. _i 1. In raa^ and a rata to J 9 0 property and propaaid atruoturer i• •dequaLa. Partiaula.- rwterenaw iv aada to •utoaotiva ^nd padastrlan safety and convenianoe, trettlo Slor •nd control and acoasr in case a1 aatutropha{ 2. Oti-wtreat parking and loadln9 Ss adwquata. Particular •ttantion i^ paid to the Stows in 1. above and the aoonoaia, noise, ylara and odor etivat^ 01 the •paolal •xaaption on adjolninQ propertla •nd prapartiaw+ panarally in the distriot{ 3. Locstion. of rKurs •nd earviw •raas ara coapatibla rlth •urroundinp popartia^ and ara •uily •cowrelbL. 4. Looations, availability •nd ooapatibllity o2 ut111tivs •ra •dwquata. ' S. 7ypv, disansions and aharuvNroi ao»aninp •nd buiiarinq ara adaqurta. 6. Sipnr and proposed exterior 1lphtinQ, with "°~~~ refarwnoa to plar• and trattio selety. ara in haraony •nd ara ooapatible vith other properties in th• diwtriot. 7. Required yardr and other open wpaoas •ra ^daquete. A. The ura is panarally ooapatibla rith adjuvant properties and other property in the distriot. COMNUHITY DEYELOPMENT BOARD RFiPORT AHD RECONJIENDATIOHSa AGTZONS BY THE CITY CONN188ION{ YES HO (.: ~ ~~ Mii~tJTES£31= MEETfNGflF TI1E CO1tiIMl1NlTY DEt/ELOPMEiVT HOARD OF THE CFTY OF ATLAPFTIC BEACH, FLORIDA Assgust t9, 1997 7:00 P.M. CFTY HALL PRESENT Don V1lotfson . Robert Frohwein Mary V1falker Pat Pillmore 8zgzgGrurr#hal #e Sirr~idns AND Georc3e Worfe~, i~, CD Director Pat}3arris ABSENT R7anlenser~>=squire it~cilflcGowan ~~~ Chairman. Don Wolfson called#he meeting to order Lind asked for approual of the minutes from the meeting of July 15, 489-7 mee#i~g: 4r~ motion made and seeon and after correcting. a minor typographical error thus ~e appros[ed. a. Application for lie-hy~xceptior~ ~d by Oa~tano Tabor~hi #a operate a contracltrrg business to warehouse, trirrx, edge ax~d-pofish imported marbie and grarHte at property Vocated at 1177 AtlanticSou2esrard. Ron tsaaco introduced himself and explained that he r'epresenied the applicant.as the teal estate broker. He also introdr~eed Anthoc~e D'Angelo, business. associate vuith AAr. Totraeehi, and would act as interpreter as Mr. Totlocchi mold not speak_english. Mr. isaaco stated that the applicant would be imprnting, trimming,. sanding and . polishing granite and marble fnr ~iotesale andretail sale. Mr. llt[orley explained that the applicant would be processing the marble and would not be fabricating anything on site. After discussion, the application was amended to in~;orparate items 6, 7 and 10 under the Commercial General Zoning District. Mr. Wolfson moved to recommend approval afthe use-by-exception as amended above, solely to the applicant andonly for the stated loeafi~tin. Ms. Pillmore seconded the motion and it passed unanirrrously. I1. Application for Use-by-exception ftted by Thomas Nilson to operate a-limited wholesale operation for wholesale of products. for bleaching teeth at property located at 374 Ahern Street. Attorney Susan Green, representing the applicant, introduced herseff to the board and explained that the applicant produces a product. used lay dentists. and dental product distributors for the purpose of wtuter~ing teetli.PShc-staked that the product would k~e delivered to the building and repactcaged for sale and distribution. Thomas Nilsen introduced himself to- the troard- and stated that dettveries otthe product would be made approximately once a month and the product would be pacfcaged for sale at the property. lie a#so stated that there-woufcf bewo outside storage and a&work wilt be completed inside-the bvildiag. After discussion, JUIr. Frohweia moveck to~ recomrrnetrd approval for the use-by- ,.... exception solely to the applicant and onky for the spec~tred location. Mr. Grt:nthal seconded the motion and the requesLnsas unanimously. approved. III. Presentation by Atiartti[c Theaters exptainirxl delays in eontormance with requirements regarding landscaping. Jim Klement, agent for Kent Theaters; introduced titmseif to the board. He also introduced Jade Davis, Jamie Kerb Mike Spivey and DarrSmith, all emptoyees oragents of Kent Theares. Mr. Klement stated that they were. cited by ft-e t:ode Enforcement Board for noncompliance with the landscaping nequirements. He mentioned issues such as wanking with adjacent property owners#aachieve.combined eftortsir~ landscaping. He staled that his company was ready to move fonnrard with eempl6ance anei was hoping fior communication and clarification. to the. Dade Enforcement Board that compliance was forthcoming. He gave a timefrafne of sixtp~ days for cornpliance and would. commence the remaining work immediately. The board members expressed disappointment with lack of progress regarding completion of the work involved. After discussion, it was the consensus of the board that the director wd#a a memorandum on behalf of the board to the Code Enforcement Board informing themofthe presentation by Kent Theaters anci.lndude a suggestion for compliance within fiQ days from tonight's meeting and to impose maximurrti fines for further noncompliance. DiSCt.iSSION iTf~]S: {. Mr. Worley submitted a memorandurrrs~ettingfiorth the assessed value of the irrgxovement and value of the construction addifton. lie indicated that the orginal hu+lding area was 2,028 square feet attd the addition area is 800 :ware feet. Mc Walfsan requested that staff obtain from the o~a~mer of 504 Atlantic Boulevard verification of the valuation of the construction. in order to ascertain a percentage of improvements and thereby determine potential cc~rnplianee-rroith the landscaping ordinance. Mr. Worley explained that ttievaluatioffi qt propose~ct .construction is submitted by the contractor or owner and the Building Officiatpatcutates the valuation bytrgrrres taken from the Standard Building Code. Mrs_ Walker stated that the board is acting after the fact and the percentage of the a-~sessed valuation and improvements should-be obtained ftom day one. Mr. Worley stated he would consult with the-City's 1E~gal counsel to determine if he should request art affidavitfrom the parties regattfing verifi~ition of the. valuafions and how far the City can proceed in this regard. It was the consensus of the board that f+gures bey obtained from the Standard Building Code in calculating the valuation of ttse. construction and that the numbers .be consistent in each case to deterrine whether of not the Improvements are 5~°~ of the assessed value and thereby triggering whetttercampiian~,e with the tands~e code is applicable. Il_ Mr: Worley famished the board with a: memorandum regarding the 8-foot nonconforming fence located at 89 West 4th Street. He skated that he has taltced to Mr. Johnson, owner of the property, and regc~steck cfocximentaticrn in connecYiori wi~Fz the fence or be brought before the Code Enforcement for compliana~. III. The board discussed procedures #or appeals of its decisiotts to the City Commission. Mr. Worley explained that ttie City Gaa~ussion omtld not hear an appeal of the board's decision without first having determined that the board acted illegally. The board requested that stall request front Alan Jensen interpretations regarding the specific appeals process contained in Chapters 14 and 24. The Chairman requested that the issue of the nonconforming fence at 89 West 4th Street be placed on the agenda forthe-next meeting. Mrs, Walker expressed her concern regarding placement of air conditioning equipment and the eyesore created thereby. There being no further trusirress-to come before the board on motion mane the meeting was ad}ourned. SIGNED ATTEST ~~ 9- 4 ~- 97 ~e~ - Leo 1200 SANllPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4381 TELEPHONE (904) 247-5518 FAX (904) 247-5819 TO: Ann Meuse, Finance Director ~ FROM: Joan LaVake, Purchasing Agent RE: SURPLUS EQUIPMENT, AND OFFICE EQUIPMENT AND SUPPLIES- PUBLIC SAFETY DEPARTMENT The enclosed list of equipment and supplies was submitted to Purchasing by the Public Safety Department in anticipation. of the annual auction which had already been scheduled for Saturday, September b, 1997. Please place this list on the agenda for the City Commission meeting of September 8, 1997, in order that the items listed may be declared surplus and auctioned at some time during the next six months or so .. ~;i September 1, 1997 fi WI-19-9-r T~~E 02:32 PM Rt lent is B~9.Gh P P 9oRg2K91°tie F'. 02 A'te' ~~~ c^3~~R~` ~.~'yg iPF" ~j R44 E9~J' t = Y~ ~ ~ l l iT~~U'~]`M1}~ Wb.ALMX K~~ Equipment Item lvlake+'Model Serial # City Location 5 prapeny of item or tag #. A Dat matrix printer Panasonic KX- 2S,1+1AT4269 Records P1624 14 Storage f Upstairs Keyboard Compaq 9395-00055 Records Deskpro Storage Upstairs Mtsc printer parts Records Storage Upstairs Keyboard Acer6511 K6511137477 Records Storage Upstairs Si$rtJwith stick on plastic Records letters Storage Upstairs Data Transfer Switch Techcraft Records Storage Upstairs Dot Matrix Printer Panasonic KX- BCMALL068 00484 Records PI091I 42 Storage Upstairs Dot Matrix Printer NEC Pinwriter 5624556495 Records P3200 Storage Upstairs Keyboard hTitsumi 070896 Records Storage Upstairs Disk Drive A&M Records Storage Upstairs Monitor CTX 1565D 2HQ- Records 549424G5 Storage Upstairs 5 Suxplus A a Auction N~c-i~-~~~ r~~e r~z:sa Frr f.c ~o.t,z• i~ sao.cn P n ~~]42a51seo F_e:~ r ~~ .. ..SA f `.~ ~ '?~ ~ ~"A .~ILe 6 elC'i v.' A~ r. Cell Phone (oid'hnck stir e) 477.GTEV034 SS Records ~ Y ~ Storage 1 Upstairs Radio Charger lviaxon SA1125 Reoords Storage Upstairs Radio T-Iand Held Maxon SP- ii 930454832 Records 255UR I Storage Upstairs Radio Hand Held Standard HX340 65U10040 Records Storage Upstairs Radio Hand Held Standard HX340 OSUl0U98 Records Storage ipstairs Radio Hand Held Maxon SA-1155 921023439 Records Storage Upstaus Radio Hand Held Standard HX300 80040083 Records Storage Upstairs Radio Microphone Motorola NIti7V6082A ~ Reoords Storage Upstairs Radio Microphone Maxon SA1420 Records Storage Upstairs Radio charger Standard 83U31294 Records CSA4H Storage Upstairs t Radio Microphone Maxon SA1421 Records Storage Upstairs Radio Battery Maxon SAI 155 Records Storage Upstairs 4aUG-19-97 TUE 02:54 PM At lo.nt.IG Bea.Gh P 5i 904.491 °:6S P. 0•> -t.r T ,'1[^'.. ~ .~~~ Radio Charger Maxon SAl 125 Records Storaga Upstairs Radio Charger Maxon 3A112$ Records Storage Upstairs Leather Radio Case (two} Motorola Records Storage Upstairs Leather Radio Case Maxon Recards Storage Upstairs Plastic Radio Holder (two) Records Storage Upstairs Answering Maclaine Record A Ca]I AC 748928 Recotds #7100 Storage Upstairs Battery analyzer Alexander 00655 Records CT102h Storage Upstairs Television Sylvania Recards Storage Upstairs Leather Radio Case (two) JCOM Recards Storage Upstairs Leather Radio Case (two} Lee Electronics Records Storage Upstairs Monitor JVIF,C JB i407- 91JU30818 Shelf is HIv1A Jdaihvay Keyboard Shelf in klallway PUG-19-97 TUE 02.x4 PM Rt lo.nt is S._~n.ch~P P ?04249156E P. 0° ,~°°, -, Printer Dot Matrix Epson LQS10 0630198799 Staelf in Hallway PrinterP~tMstr9x Epson Action 1F71;1631b3 Slxelfin Printer 5000+ 1-lallway Digk Drive Compact 4542062$050 Shelf in Deskpro 28b 9 kiallway Printer Dot Matrix Epson LQ250 OHA1090055r Shelf in Hallway Siren (amplifier for cat'?) * 001.45 Hallway Metat Locking Box Hallway Plastic Chair Pad (for under neaz a desk} cgpy machine Siren (amplifier for car'?) 147 Locker room Triple $eam B alance OHAUS Locker Room RADARUtxit Decatur 28590/507P Locker Electronics Room Disk Drive Kaypro 341352 0317 Locker Room Printer Dot Matrix Okidata 254 Locker Microline 123 Roortt Keyboard Kaypro Locker Roam Monitor Compaq 9562694 Locker Room Typewriter IBM Selectric Ii 177 ACO Office Lamp 20. Hallway 000684 xripleBesmBalance OFTAUS Tnvestiga lions 'HUG-19-d7 TUE 02 :3:~ PM At lo. rr!ic Senrh P L `~0424'~+1 X66 P, Fib 1J x i µ. ~~ ~ +a e.,/, ~;'rvrv ~o.M 4' 4 ' a y' . ~ . r 4 Triple Beam Balance UH.AUS Investiga Lions Dial O Gram Scale QH.A,US Ittvestiga lions Commurricatiorrs equip Motorola 447FITS0186 Upstairs Old Comm Console Upstairs Raom Partitions (three) Upstairs Twin Mattresses (£our) . Upstairs Bod Support Board Upstairs Hed Frames (three) Upstairs Headlight flasher Whelen SPS-460 Upstairs Car speaker .Motorola TS1160168 Upstairs Box of asst, wires Up3talrs bnsbit~c ~d~ _Cs?G3000 901. Upstairz-.. ~~ Asobile Ttadio w/miC & speaker Motorola 7C80100A02 A Upstairs Microphone Standard CMPSb8R Upstairs Switch panel Emergency Equipment Corp. Upstairs Microphone Maxon SA 1x20 Upstairs Dial A, Grant Balance OHAUS Upstairs Triple Beam Balance OHAUS H44U-24-87 Upstairs Mobila Radio Motorola 433F1FL52479 0014S Upstairs FloresceRli iiyitt (approx 3') Upstairs Box of mist Binders Upstairs ^~~~~I^ _ ATTACHMENT E _ SEP'CEMBER 8, 1997 COMMISSION MEETING 9-dFr q7 STAFF REPORT AGENDA ITEM: Use-by-Exception to allow wholesale of dental products SUBMITTED BY: George Worley II, Community Development Director DATE: September 2, 1997 BACKGROUND: The applicant produces a product used by dentists for whitening teeth and desires to operate a wholesale distribution business at 374 Ahem Street. The product is not to be manufactured at this location, only repackaged and distributed. RECOMMENDATION: The Community Development Board recommends approval subject to the Use- by-Exception being granted to the applicant only and for this location only. ATTACHMENTS: 1 } Application for Use-by-Exception 2} Draft Minutes of the Community Development Board meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Please Type or Print in Ink Application fee $100.00 APPLICATION FOR SPECIAL "USE Bl' EXCEPTION" Date Filed:~ain4/n~ Name and Address of Owner or Tenant in Possession of the Premises: ,4UG 4 1991 City of Atlantic Beach TENANT Building and Zoning Thomas Nilsen Phone 374 Ahern Street Work: 904 217-3737 Atlantic Beach. Florida 32233 Home: 9( 04) 2`'.3-0104 OWNER Tom West P:O. Box 1155 Porite Vedra Beach FI rida 32004 a Phone Work: 9( 04Z2~t6-2320 Home: 904 246-2320 Street Address and legal description of the premises as which the "Use by Exception" is required: 374 Ahern Street Atlantic Beach Florida 32233 LEGAL DESCRIPTION ATTACHED A description of the "Use by Exception" desired, which staall specifically and particularly describe the type, character and extent of the proposed "Use by Exception": Section 24-111. CG Commercial General Districts. © Use by Exception. (5) Limited Wholesale Operation Specific reasons why the applicant feels the request should be granted: The appicant proposes to sell to dentists and dental distributors as a wholesale operation product(s) for the specific purpose of bleaching teeth: The ooeration is sold wholesale to the dentists/dental distributors who in turn provide the product as a dental service to their patients/clients. Signature of owner~l Application cannot be without owner's signa Applicant: Do not fill-in beyond this point. However, be prepared to respond to the following items: Signature of applicant/applicant's authorized agent or attorney. If agent or attorney, include letter from applicant to that effect. FINDINGS OF FACT 1. Ingress and egress to property and proposed structures is adequate. Particular reference is made to automotive and pedestrian safety and convenience, traffic flow and control and access in case of catastrophe. There is one driveway to amulti-tenant building (4 suites). The building, driveway, and access are all existing at this location. There is adequate pedestrian walkway (existing) to the building from the parking area for the tenants of the building. 2. Off-Street parking and loading is adequate. Particular attention is paid to the items in (1) above and the economic, noise, glare and odor effects of the special exception on adjoining properties and properties in general in the district. There are five (5) existing spaces on site. Based upon the requirements of Section 24-161 (Off-street parking and loading) of the Zoning.Code, professional office buildings are to provide one (1) space for each four hundred (400) square feet of gross flgor area, the site exceeds the required number of off-street parking spaces. This office suite within the building is approximately 500 square feet. There will be no customer traffic to this location. There are only two employees in this operation. All business is conducted by telephone, US Mail, and/or facsimile. All deliveries of the wholesale operation will be conducted either by the employee's automobile or an occasional pick up/drop-off by a delivery truck (IE Federal Express, UPS, etc). The proposed "Use by Exception" will not have any noise, glare or odor. 3. Locations of refuse and service areas are compatible with surrounding properties and are easily accessible. There is a common refuse area for the building. Garbage service is provided on the same schedule as the residential pick up in the immediate area. 4. Locations, availability and compatibility of utilities are adequate. All utilities needed for the office building are currently in place at this location. No additional service is required for the wholesale operation. 5. Type, dimensions and character of screening and buffering are adequate. There is an existing wood fence along the south and the west property lines which separates the office building from the restaurant (Famous Amos) which abuts both the south and west sides of this parcel of land. The building to the east of this parcel of land is another multi tenant office building, and as such needs no screening or buffering. 6. Signs and proposed exterior lighting, with reference to glare and traffic safety, are in harmony and are compatible with other properties in the district. No additional signs will be requested for this operation. There is ho outside lighting for this building other than one outside light at the entrance to the building. No additional lighting will be requested. 7. Required yards and other open spaces are adequate. The building is existing and it appears to meet all the yard requirements sefforth in the Zoning Code for the CG zoning district. 8. The use is generally compatible with adjacent properties and other property in the district. The existing office building has other professional office uses (manufacturing and sales, real estate ''~"' sales, etc). Other office building uses in the immediate area provide professional services including transportation planninglconsultanting, real estate sales and building trades contractor. The Northshore Village shopping center is adjacent to the south and east of this location, and as previously noted, the Famous Amos Restaurant (a 24 hour operation) is adjacent to the south and west of this parcel of land. Across Ahern Street (to the north) is a multi family zoning district. There are several apartment buildings along Ahern Street which face this commercial district. ~~]k~ncl •Thinu & miller,lnc. ~1\ PROJ. N, PROJ. NO.-f'f)U 1~I~~ ~~ I i j' L .. ~ ~~~ ,~ ,~, ,- -I-, -- --I--~---i---j-t _~_~ I i , ,~- T r -, ; - ,,~_~' ~ ~ -1 BY CHECKED BY REVISED BY ~ - i ; ~ _ _~ r I -i ~ ! f - --~' ~=; ~di ~~d --~ r r - ~^^~ ~ , '~ N-1 ~ ' ~ -r -r ~ ~ - ~T .T _~ ., ~~! ~~i SHEET NO. DATE DATE (~t~.~ ~~~ i~~` J OF LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: d The undersigned hereby authorizes Thomas Nilsen and Susan Green to act as agent in the attached application for the land described in the attached legal description. ,~. . ,.,N„ ,, ....,,,,, NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 1996 REAL ESTATE TAX - DUVAL COUNTY CITY OF JACKSONVILLE LYNWOOD ROBERTS, TAX COLLECTOR 237 E. FORSYTN STREET ROOM 130 JACKSONVILLE, FL 32202-3370 PHONE: (904)630-2000 NUMBER: 169733-0000-1 ESCROW LOAN NUMBER: 0707209 CODE: 082 LOCATION ADDRESS: 374 AHERN ST LEGAL DESCRIPTION OS-069 21-2S-29E USD3 ATLANTIC BEACH PT LOT 20RECD 0/R BK 5877-991 BLK 7 0/R BK 6083-7616 INFORMATIONAL NOTICE ONLY.*~ BEEN SENT TO YOUR ESCROW AGENT p AD VALOREM TAXES ~~,.v;> , ' X G3Al~lTHORITY MILEAGE RATE TAXES LEVIED JUST (MARKET) VALUE: 98,809 EXCP CODE: ~ Gi ' ;~~CO' ; 8 2959 g7g 71 TAXABLE VALUE CALCULATION , 1 '~'~ C}7000!{SL ` . 6.4700 , 639.29 ASSESSED VALUE: 98,809 f00LyjL'B` C} 2.7600 272.71 EXEMPT VALUE: TYPE: ;L INLAND .0380 3.75 4/A ;ER~MGT .4820 47.63 TAXABLE VALUE: 98.809 ; 'VOTE'R r`APPR .8662 85 59 ' ~USO?=' 2.9221 288 73 ..',f~`8°<` u. ~ KY . .~ t ~ ~G~ a ~ t ~ 'z'. e '~ i~ a.>c : S . 2 .;..:. ~ t ~ o = =uaW~fS ~Z"iL S~~wtdJ <G,~o1 i C5.1~ jd'> ~o~'~. .,. )~~~~~~ a:~ n q, Yn~ K i ~ ~ a ~P.,i~ o ~ ~ ~ ~ nF 0~ bib 4 afsK.. u ~ FEi M oy Fc. ~ ~a. ~' ~ ` ` ~T',TiAI! a ~ ;: .>yx~.z)one. t;E "s.~ P,.° s< Yv;ma?~` ^.uY ,. S,. .3awed, c o::: ,,:,..'h.. u. p'.iCait l4 >~:>; / "S6A~S,5~:!" Rd.•'/.'~,[:~ fT~ ~N?95. h% M/k:...k>... rc':f>!Y :>•. .M....r .)C 9'a`v'S'R(D:" :~> \::.::>: YN.~ . :?;~y, :fi.^t:..,:,~.~c).C.e:.:.v..._>...Xt:: y `.'.'t.iri:: ,. i:.:~xY>. :il:.:ti !/ . .i % .:N. n'1,. ..4 :x.G.:Li"J'S.J'.,?!o.<iy~;.d:.:F: i.<C. ~.(di?A>~:;,':J%y4J't`iiii )q ~ u.»:..,.. n.~ Sm.o.:.:.::^Q.f~::aY:.m:.:.w~.:nae.~..::.. y...:.:...;a...::.: ~.. ~,...,,..;S..r.AR>:aoUE~C.. NON -AD VALORE M ASSESSMENTS AUTHORITY PURPOSE RATE AMOUNT .~IF"P'AIL~•:l.N: NOV - 4% DISC DEC - 3% DISC JAN - 2% DISC PEB - 1% DISC MAR - GROSS-R!A,?' hPR - DELO-AMT ~.A&IOUNT, OUE 2,071.11 2,092.59 2,114.26 2,135.84 2,157.41 2,228.38 THIS IS NOT A BILL. IT IS FOR INFORMATION ONLY ABOUT YOUR ASSESSMENT AND TAX. YOUR TAX BILL HAS BEEN SENT TO YOUR ESCROW AGENT FOR PAYMENT. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. o~~ MttVL}TES4)F MEETif~ flf TFiE COMMt1[VLTY DEt/ELOPMEIV7` t30ARD OF THE CITY OF l4TLAWTIC BEACH; FLORIDA August '}.9.,1997 7:00 R.M. C€t•1' HALL PRESENT Don ttttotfson x Robert Frohwein ARary 11~lalker Pat PiNmore i~cGrun#tial ~arette Si~ftins AND George 1luoriey, }I; CD Director Pat}3arris ABSENT Rianles~.serl;F~quire ~a€{c-McGouvan Cpp~ Chairman. Don Wo}fson cal}edthe mee#ing to order and asked. for approua} of the minutes from the meeti ng of July 1 ~ 't9&7 meeting: £ln motion made and seconded and after correcting a minor typogra#~hie~ error the_tes sera appraued. }. App}icatian for lise~y-~epttor~ Ti3ed i1y Gaetano Taboc~u #o operate a contracting business to warehouse, trirrx, edge arrd•go}ish imported nrartr}e and granite: at property Located at 1177 At}anticl3oufieuard. Rorr tsaaco introducecF himself and exp}airred that he represented the applicant as the teal estate broker. He a}so introduced Anthot~ D'Ange}o, business. associate wit#~ Mr. Totracehi, and would act as interpreter as Mr. Totzocchi could not speakenglish. Mr. tsaaca stated that ttre applicant would be importing, trimming, sanding and . pntishing granite and marble #or wholesale and retail sale. Mr.llitorley e~lained that the appliicant would be pracesstng the marble and would not be fabricating anything on site. After discussion, the application was amended to incorporate items 6, 7 and 10 under the Commercial General Zoning District. Mr. Wolfson moved. tII recommend approval afttteuse-by-exception as amended above, solely to the applicant andonly for the. stated location. Ms. Pillmore seconded the motion and it passed unanimously. IL Application for llse-by-~aeption fried by Thomas Nilson to operate a-limited wholesale operation for who}esate of products for trteacfiing teeth at property locafed•at 374 Ahern Street. Attorneq Susan Green, representing the applieartt, introduced herse{f to the board and explained that the applicant produces a ptaductused.by dentists anddentakproduct distributors for the purpose a# whitening teeth. She-stated that. the product wat-ld be delivered to the building and repackaged for said anddtstribution. Thomas Nilsen introduced himself to the boarrt arTd stated that detiveries vt'•the product would be ode approximately-once a month and the product would be pacfcaged forsate at the property. liealso stated-that there wouktbe•rro outsidestorage and a~work wilt tre completed inside: the buitdipg. After discussion, Mr. ><roktvraeirx mooed to- recorruxiend approval for the use-by- exception solely to the applicant anct only far the specified location. Mr. Withal seconded the motion and the request.was unanimous)~r. approved. III. Presentation by Atlantic Theaters erring delays in conformance with requirements regarding landscaping. Jim Klement, agent for Kent Theaters; introduced himself to the board. lie also introduced Jack Davis, Jamie Kerb Mike Spivey and Dan-Smith, all emptoyees oragents of Kent Theares. Mr: kflement stated they were cfted by the Cvde Enforcemert Boaui for noncxx~fiance with the landscaping requirements.. Hementioned issues. such as working with add property owners.taachieve combined effocfs.in landscaping. He stated-that his company was ready trr move fonroard with cxxnpliance and was hoping fior communication and clariftcatina.to the. Cade Enforcement Board that. compliance was forthcoming. He gave a timefrar~e of sixty-days for compliance and: woo{d commence the remaining uYOrk immediately. The board members expressed disappointment with lack of progress regarding completion o€ the work involved. After discussion, it was the consensus of the board that the director write a r~rrrorandum on behalf of the boarcf to the Code Enforcement Board informirtt~ therrsvfthe ,..., presentation by Kent Theaters ancf.indude a.suggestion for compliance within 6T) days from tonighYs meeting and to imposemaximum fines-for further noncompliance. DiSCt1SSJOi~i iTi=fv]S: I. Mr. Worley submitted a mernorandurrr setting forth the assessed value of the irt~covement and value of the construction add+T[crrt_ He indreated that the original binding area was 2,028 square feet and the addition area is Sf30 square feet. Mr. Wolfson requested that staff obtain from the owner of 501 Atlantic Boulevard verification of the valuation of the. construction in order to ascertain a percentage of irrgxovements and thereby determinepoterrtia4 eorriplianc~roaith the landscaping ordinance. Mr. Worley explained that the valuation of proposed construction is sttbniitted by ttte c:ontrador or owner and .the Buitdiag Officiat~atcutates the valuation bytigraes taken #rom the Standard Building Gode. Mrs_ Wa&er stated that the board- is acting a#ter the fad and the percentage of the assessed valuation and improvements shouid-be otained from day one. Mr. Worley stated he would cxsnsult with the Gity's legal .counsel to determine if he should request art affidavit from the parties regardurg uerification of the valuafwns and how far the City can proceed in this regard. 1""'^ It was the consensus of the board that figures be obtained from the Standard Building Code in calculating the valuation of ttre constnretion and that the numbers.be consistent in each case to determine rnrhether oe not the improvements ale-59% of tfie assessed valve and therebytriggering•whetheFCampiiance with the fandsrape code is applicable. It_ Mr Worley farrtished the board with a memorandum regarding the 8-foot nonconforming fence located at 89 West 4th Street. He stated that he has talked to Mr. Johnson, owner of the property, and requested documentation in connection w~i-the fence or be brought before the Code-Enforcementfarcompliance. Ill. The board discussed procedures for appeals of its decisions to the Gity Corrunission. Mr. Worley explained that.tl~ City Co~ssion eo~d not hem an appeal-af the board's decision without first having determined that the board acted illegally. The board requested that s~request frorr-Alan Jensen interpretations regarding the specific appeals process contained in Chapters 14 and 24. The Chaimm~ requested that the issue of the nonconforming fence at 89 West 4th Street be placed on the agenda #or the. next meeting. Mrs_ Wacker expressed her concern. regarding. placement. of air condtiianing /.i ~\ equipment and the eyesore created thereby There being no further- business- fo corrte before the board on motion made the meeting. was adjourned. S(G~iED ATTEST ~. rgtQa~LtCc f~eacl - iteazida ^ ~~^ ATTACHMENT F SEPTEMBER S, 1997 COMMISSION MEETING __ 9- 4~~ 97 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4351 TELEPHONE (904) 247-5815 FAR (904) 247-5819 T0: Ann Meuse, Finance Director ~ FROM: Joan LaVake, Purchasing Agent RE: SURPLUS EQUIPMENT, AND OFFICE EQUIPMENT AND SUPPLIES- PUBLIC SAFETY DEPARTMENT The enclosed list of equipment and supplies was submitted to Purchasing by the Public Safety Department in anticipation of the annual auction which had already been scheduled for Saturday, September b, 1997. ,.~. Please place this list on the agenda for the City Commission meeting of September 8, 1997, in order that the items listed may be declared surplus and auctioned at some time during the next six months or so. September 1, 1997 •gl_IG-19-97 TUE t32:a2 Pf9 R*,lanc is B=ach ~P L 95V2•i9156E P.E2 ~w r~ ;.. ~~ 'F?;"' Equipment Item Make~'Model Serial # City I ocatio,t s progeny o£item ar !, tag # 13 Doc matrix printer Panasonic K:X- 213MAT4269 Records I P1624 14 Storage ~ Upstairs Keyboard Compaq 9395-00055 Records Deskpro Storage Upstairs Mtsc printer parts Records Storage Upstai,y Keyboard Acer6511 K6511137477 Records Storage Upstairs SignJtvith stick on plastic Records letters Storage Upstairs Data Transfer Switch Teehcra8 Records Storage Upstai__rs Dot R4atrix Printer Panasonic KX- BCMALL068 00484 Records I'109]I 42 Storage Upstairs Dot Mattix Printer NEC Pinwriter Sb24S56495 Records P3200 Storage Upstairs Keyboard Mitsutni 070896 Records Storage Upstairs Disk Drive A&M Records Storage upstairs Monitor CT7~ I565D 2HQ- Records 5490Z4G5 Storage Llpstaizs - 3uxp:ius A e Auction r+l1G-1~-5T TUE 02:0_• PfH Atlantic 8eac.h P D 9w74249155t. p, E-: ~ ~~ ~ Ceit Phone (ofd back stye} 472GTEV039 .Records ~' Storage Upstair Radio Charger Maxon SA1125 Records Storage Upstairs Radio Hand Held Maxon SP- 930454832 Records 2550X Storage Upstairs Radio Hand Held Standard HX340 05U10040 Records Storage Upstairs Radio Hand Held Standard HX340 _ OSULOU98 Records Storage Upstairs Radio Hand Heid 1 Maxon SA-1155 921023439 Records Storage Upstairs Radio Hand Held Standard fU{300 80040083 Records Storage Upstairs Radio Microphone Motorola 1`JIt-it~Tfi082A ~~ Records Storage Upstairs Radiob4icxophone Maxon SA1420 Records Storage Upstairs Radio charger Standard 83U31294 Records CSA4H Storage Upstairs t Radia Microphone Maxon SAI42I Records Storage Upstairs -c Radio Battery Maxon SAI 155 Records Storage Upstairs Hli>-L?-97 TUE 02:34 P19 Ht I o.rrt. i.. BeaG~ P ID S?42481 v6r• F. 0•} ,. .. ~ ~ y '~ 9' ..v .... TGF' i '• ' y„ ,®v~xb 'a ' v., n wgy YF^p( Radio Changer Maxon SA1125 Records Storagz Upstairs Radio Charger Maxon SA1125 Records Storage Upstairs Leather Radio Case (two) Fdotorola Records Storage Ltp3ta175 heather Radio Case Maxon Records Storage Upstairs P(astie Rsdio Holder (two) Records Storage Upstairs Answering Machine Record A Call AC ?48928 Rzcards #2100 Storage Upstairs $attery ana:yzer Alexander 00655 Records CT102h Storage Upstairs Television Sylvania Records ~ Storage Upstairs Leather Radio Case (two} ICOM Records Storage Upstairs Leather Radio Case (two) I.ee Electronics Records Storage Upstairs Monitor 1`]1CJBi407- 91J030618 Shelf in FIMA i~allway Keyboard Shelf in kiallway NUG-1?-97 TUE p2 _a4 P19 NS I e.rrt. I G H._~o.ch P P °04249156.'. P, pr 4 ...~.,.b *k. A ~ )4'. bt. r. l' '~j" ,jf v Printer DoY Matrix Epson LQS10 0630148799 Shelf in Hallway Printer Dnr Matrix Epson Action 1F7>163153 Sltelfin Printer 5000+ 1-lallway Disk Drive Compact 45420628050 Shelf in Deskpro 286 9 Hallway Printer Dot irlatrix Bpsotl LQ250 Q7iA1090059 Slael£in Hallway Siren (ampii8er for aar`.%) 00145 Hallway Metal Locking 73ort Hallway Plastic Chair Pad (for under neaz a desk} ~Py machine Siren (amplifier for car?) 147 Locker room Triple$eamEalarace OI-IAUS Locker Room RADAR Unit Decatur 2 8 5 90/5 07P Locker Electronics Room Disk Drive Kaypro 341352 0377 Locker Room Printer Dot Matrix Okidata 254 Locker Microline 123 Room Keyboard Kaypro Locker Roam Monitor Compaq 9562694 Locker Room Typewriter IBM 5eleetric 13 177 ACO Of14ce LAP 20, Iiallway 000684 Triple $eam $alance QIiAL1S Tnvestiga tLOrLS ^qUG-19-97 TUE 02:35 PM At lo.nc iG BEarh P L 9032491366 F. bc: Triple Beam Balance - Oi'IAiT$ ~ investiga bons I>ial O Gram Scale OHAUS Investiga icons Communications equip Motorola 447f1.TSOlBb Upstairs Old Comm Console Upstaus ROOM Partitions (three} - Upstairs Twin Mattresses (four) ~ Upstairs Bed Support Board Upstairs Bed Frames (three) Upstairs Headlight flasher Whelen SPS-460 Upstairs Car speaker Motorola TS1160i68 Upstairs Box of asst, wires Upstairs Matfiie~ie-tv{~auc ~ar~ar~ 9?~iT04UTd1 ~ ~ . t?QO ~'~ bfobile Radio w/mzc & speaker Motorola 7CHOIOOA02 A Upstairs Microphone Standard CMP568iL Upstairs Switch panel Emergency Equipment Corp. Upstairs Microphone Maxon SA 3420 Upstairs Dial A Gram Aalance OHAUS Upstairs Triple Beam Balance OHAUS H440-24-87 Upstairs Mobile Radio Motorola 433HH52479 00149 Upstairs FloresceAli i,ight (approx 3') Upstairs Box of misc Binders Upstairs