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06-09-97 v CITY OF ATLANTIC BEACH COMMISSION MEETING- June 9, 1997 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of May 27 and Special Called Meeting of June 2, 1997 2. Recognition of Visitors: A. Presentation by First Night organization 3. Unfinished Business: A. Report by City Attorney Jensen relative to a request for a donation to defray the cost of having the Jacksonville Symphony Orchestra perform at a production of Westside Story B. Report and possible action on presentation of preliminary design of proposed Bull Park improvements, by Kelly Elmore of Genesis Group 4. Consent Agenda: A. Acknowledge receipt of monthly report from Code Enforcement and Recreation Departments B. Acknowledge receipt of Capital Improvement Projects Report No. 10 5. Action on Resolutions: A. Resolution No. 97-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH SUPPORTING A TWENTY-ONE DAY SALUTE TO THE FLAG OF THE UNITED STATES OF AMERICA DURING THE PERIOD JUNE 14 THROUGH JULY 4, 1997 B. Resolution No. 97-18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROCLAIMING JUNE 5 - 12, 1997 AS NURSE ASSISTANTS' WEEK AND JUNE 5, 1997 AS CAREER NURSE ASSISTANTS' DAY C. Resolution No. 97-19 Action by the City Commission, meeting as an equalizing board,to adjust and equalize the assessments in the Beach Avenue sewer line installation project, and action on Resolution No. 97-19: A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE FINAL ASSESSMENT ROLL FOR A SEWER LINE ON BEACH AVENUE, AND PROVIDING AN EFFECTIVE DATE D. Resolution No. 97-20 Authorize the City Manager to seek the services of a consultant to rewrite the existing Code of Ordinances and to review and make recommendations regarding the draft to rewrite Chapter 24; action on Resolution No. 97-20: A RESOLUTION TRANSFERRING CERTAIN FUNDS BETWEEN ACCOUNTS,to provide funding for such consultant Page Two Agenda June 9, 1997. 6. Action on Ordinances: A. Ordinance No. 90-97-164: Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY ADDING PLANT NURSERIES TO THE USES BY EXCEPTION IN SECTION 24-107; PROVIDING AN EFFECTIVE DATE B. Ordinance No. 90-97-165: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING CHAPTER 24 OF THE CODE OF ORDINANCE, ZONING AND SUBDIVISION REGULATIONS, AND PROVIDING AN EFFECTIVE DATE 7. New Business: A. Public Hearing and action on a request for a Use by Exception filed by Ted and Debra Jackrel to operate an office of a distributor of paratransit vehicles at 58 West 9th Street, on property zoned CG, Commercial General B. Award contract in the amount of$9,797.00 to Dees, Inc., for exterior staining and sealing of the Public Safety Building in accordance with the specifications of Bid No. 9697-9 (Re-bid) C. Award contract in the amount of$19,000.00 to First Coast Laundry& Cleaners for uniform cleaning for the Public Safety Department, pursuant to the specifications of Bid No. 9697-11 (Re-bid) D. Authorize First Night Steering Committee to host a fund raising event 8. City Manager Reports and/or Correspondence: 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and,for such purpose,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. Any person wishing to speak to the City 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 contact the City Clerk. V V MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O O BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T ROAD,AT 7:15 PM ON MONDAY, JUNE 9, 1997 E E D D PRESENT: Lyman Fletcher, Mayor M S Mike Borno 0 E John Meserve T C Steve Rosenbloom, I 0 Y NAME OF ONEN Suzanne Shaughnessy, Commissioners COMMRS. N D S 0 AND: Alan C. Jensen, City Attorney Jim Jarboe, City Manager Maureen King, City Clerk The meeting was called to order at 7:15 p.m. by Mayor Pro Tem Rosenbloom. The invocation was offered by Commissioner Borno, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held May 27, 1997. BORNO X X Motion: Approve minutes of the Regular Meeting held May 27, MESERVE X X ROSENBLOOM X 1997. SHAUGHNESSY X FLETCHER X The motion carried unanimously. Approval of the minutes of the Special Called Meeting held June 2, 1997. BORNO X X MESERVE X X Motion: Approve minutes of the Special Called Meeting held June ROSENBLOOM x 2, 1997. SHAUGHNESSY X FLETCHER X The motion carried unanimously. Commissioner Shaughnessy entered the meeting at 7:22 p.m. 2. Recognition of Visitors: A. Presentation by First Night Organization Rosemary Fletcher, Co-Chairperson of First Night, presented the Commission a framed, woven tapestry from the inaugural First Night celebration. Karin Clark and Nancy Bodge were acknowledged for their work and Commissioner Shaughnessy, Commission Liaison to the First Night Committee, was thanked for her work with the group. V V NAME OF Minutes Page -2- COMMRS. MS Y N u e •, Commissioners Shaughnessy and Rosenbloom accepted the tapestry on behalf of the Commission and citizens of Atlantic Beach and thanked First Night for the beautiful work of art, which will be hung in the Commission Chambers for all to enjoy. An update of the second annual First Night activities was then given by Ms. Fletcher and flyers listing activities passed out. Commissioner Shaughnessy asked all First Night Committee volunteers and members of the Cultural Arts Board who were present to stand up and be recognized and thanked the volunteers for jobs well done. Barbara Bonner of 463 Selva Lakes Circle inquired if there were any plans to place a deck at the handicapped ramp located at the Sea Turtle. City Manager Jarboe stated the specially constructed wheel chairs for sand would be stored at this location and there were no plans for a deck at this time. Mrs. Bonner also inquired as to the status of the new lifeguard station and was informed permits from the Department of Environmental Protection were • needed and the height of the proposed building was being discussed. When the building is completed, handicapped parking and a safety rail will be installed at the site. Alan Potter of 374 Second Street read from a prepared document concerning the city's recent payment of a $12,500 settlement with the DEP (Department of Environmental Protection) as a fine stemming from a discharge violation during construction of the Atlantic Beach Wastewater Treatment Plant. The prepared statement is attached and made part of this official record as Attachment A. 3. Unfinished Business: A. Report by City Attorney Jensen relative to request for a donation to defray the cost of having the Jacksonville Symphony Orchestra perform at a production of Westside Story This item was taken out of sequence and the City Attorney's report given after Item B. 0111 B. Report and possible action on presentation of preliminary design of proposed Bull Park improvements, by Kelly Elmore Minutes Page -3- v V NAME OF June 9, 1997 COMMRS. MS Y N of Genesis Group Kelly Elmore of Genesis Group appeared before the Commission and presented slides showing the existing Bull Park. Mr. Elmore pointed out the barren landscape, non-descript mail center, undefined lawns and sidewalks, the 90 degree parking along 7th Street, and spartan playground area. Conceptual-drawings of the park improvements were shown incorporating ideas from the charette lead by Mr. Ed Preston and the Parks and Recreation Board. Some of these ideas included an improved children's playground area with '/2 court basketball, chalk walk, new swings, and other playground structures, either city constructed or manufactured; a unifying, palm lined east-west axis walk radiating from a memorial circle containing the relocated memorials now scattered throughout the park, plaza (seating area), iron gate with the park name, shingled structures unifying the mail drop/newspaper area, and improved landscaping and signage. Several slides illustrating different examples of manufactured playground equipment were shown. Mr. Elmore indicated the manufacturer may share the liability with the city should this type of equipment be chosen and installed. Mayor Fletcher arrived at 7:50 p.m. After the presentation, a question and answer session was held. Commissioner Rosenbloom inquired if Mr. Elmore had come up with a price for the proposed park. Mr. Elmore stated the budget was $100,000 and he would not exceed that figure. He further stated he had no definitive price and much of the cost depended upon the type of playground equipment chosen for the park. Commissioner Shaughnessy inquired regarding the ratio of cost sharing for liability insurance between the manufacturer of playground equipment and the city. Mr. Elmore stated he did not know the ratio and would have to refer the matter to Finance Director Meuse for the answer. Commissioner Shaughnessy also inquired if the project went over budget, could certain portions be constructed and phased-in at a later date. Mr. Elmore stated he could break out the price by different segments of the project. Minutes Page -4- v V NAME OF June 9, 1997 COMMRS. MS Y N The slides for the various types of playground equipment were viewed again and the prices for each type discussed. BORNO X Motion: Approve the concept of the park with emphasis on the MESERVE X X children's playground, sendbackto staffin order to have time. HAUGHNESM x SHAUGHNESSY X to investigate the liability insurance issue and bring back to FLETCHER X X the Commission at the next meeting for final approval. Dezmond Waters of 1835 Seminole Road and Chairperson of the Parks and Recreation Board, inquired if the existing sprinkler system worked and was told it did not. It was also mentioned that conversion of the existing building to air to air would eliminate the wet spot. Mr. Waters stated the park still lacked a tree canopy and needed shade trees, not palms. He also asked Mr. Elmore to research the official name of the park so the proper name could be placed on the new signs. Commissioner Rosenbloom asked Mr. Waters if the Parks and Recreation Board endorsed the design. Mr. Waters and Co-Chairperson Patricia Goelz both believed it was a good design and the Commission should move forward with the project. Commissioner Rosenbloom then stated he would like the style of playground equipment to be in keeping with the ambience of the City of Atlantic Beach and not include the primary colors in common use. Commissioner Shaughnessy concurred. There was no further discussion and the motion carried unanimously. A. Report by City Attorney Jensen relative to request for a donation to defray the cost of having the Jacksonville Symphony Orchestra perform at a production of Westside Story The City Attorney advised it would be illegal under the city's Code of Ordinances to give a donation to a private organization. Commissioner Meserve stated the Commission should accept the City Attorney's opinion and write a letter of regret to the City of Neptune Beach explaining the same. Commissioner Shaughnessy stated she was disappointed because this V V Minutes Page -5- NAME OF June 9, 1997 COMMRS. MS Y N would have been a chance for the City of Atlantic Beach to do something for the youth of the area. 4. Consent Agenda: A. Acknowledge receipt of monthly report from the Code Enforcement and Recreation Departments B. Acknowledge receipt of Capital Improvement Projects Report No. 10 The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: A. Resolution No. 97-17A A RESOLUTION OF THE CITY OF ATLANTIC BEACH SUPPORTING A TWENTY-ONE DAY SALUTE TO THE FLAG OF THE UNITED STATES OF AMERICA DURING THE PERIOD JUNE 14 THROUGH JULY 4, 1997 BORNO X X Motion: Adopt Resolution No. 97-17A of the City of Atlantic MESERVE X X Beach supporting a twenty-one day Salute to the Flag of the ROSENBLOOM x SHAUGHNESSY X United States of America during the period of June 14 through FLETCHER x July 4, 1997. Mayor Fletcher read the resolution in its entirety. Mayor Fletcher presented the Resolution to Cecile Purcell of the Jean Ribault Chapter of the DAR who explained the twenty-one day Salute to the Flag program. Ms. Purcell thanked the city for its support and in return presented the Mayor a copy of her patriotic painting of the American Flag. There was no discussion and the motion carried unanimously. B. Resolution No. 97-18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA PROCLAIMING JUNE 5 - 12, 1997 AS NURSE ASSISTANTS' WEEK AND V VI Minutes Page -6- NAME OF June 9, 1997 COMMRS. MS Y N JUNE 5, 1997 AS CAREER NURSE ASSISTANTS' DAY Mayor Fletcher read the resolution in its entirety. BORNO X X Motion: Adopt Resolution No. 97-18 of the City Commission of MESERVE X X the City of Atlantic Beach, Florida proclaiming June 5-12, ROSENBLOOM X SHAUGHNESSY X 1997 as Nurse Assistants' Week and June 5, 1997 as Career FLETCHER X Nurse Assistants' Day Commissioner Meserve commended the work of professional Nurse Assistants. Mayor Fletcher presented the framed resolution to four members of the nursing assistants' profession from Fleet Landing. There was no discussion and the motion carried unanimously. C. Resolution No. 97-19 Action by the City Commission, meeting as an equalizing board, to adjust and equalize the assessments in the Beach Avenue sewer line installation project, and action on Resolution 97-19: A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE FINAL ASSESSMENT ROLL FOR A SEWER LINE ON BEACH AVENUE AND PROVIDING AN EFFECTIVE DATE The Resolution was read by title only by Mayor Fletcher. BORNO X Motion: Adopt Resolution No. 97-19 adopting the final MESERVE X X ROSENBLOOM X X assessment roll for a sewer line on Beach Avenue. SHAUGHNESSY X FLETCHER X Acting as a member of the Equalizing Board, Commissioner Meserve noted the non-conforming lots, as discussed during the Special Called Meeting of June 2, 1997, had been included in the assessment roll. It was also noted Mr. and Mrs. Morgan had sent letters concerning Lot 1 Beachside Replat (RE#169542-0705) agreeing to connect to the sewer when a home is built on the lot and 1970 Beach Avenue (RE#169723- 1050) agreeing to connect to the sewer prior to selling the property. City Attorney Jensen stated the appropriate legal papers would be written concerning these agreements. Minutes Page -7- NAME OF v V June 9, 1997 COMMAS. MS Y N Commissioner Shaughnessy inquired concerning the non-conforming lots in the 1700 block of Beach Avenue and stated she was opposed to placing assessments on these lots. There were no further comments, and the motion carried by a four to one vote with Commissioner Shaughnessy voting nay. D. Resolution No. 97-20 Authorize the City Manger to seek the services of a consultant to rewrite the existing Code of Ordinances and to review and make recommendations regarding the draft to rewrite Chapter 24, action on Resolution No. 97-20: A RESOLUTION TRANSFERRING CERTAIN FUNDS BETWEEN ACCOUNTS, to provide funding for such consultant Mayor Fletcher read the resolution by title only and stated hiring a consultant would provide for a clear and concise code and eliminate any conflicts between the various sections. City Manager Jarboe explained that he would like to hire a consultant to review and rewrite the zoning ordinance as a first priority, followed by a re-write of the entire code. Motion: Authorize the City Manager to hire a consultant to BORNO X X review and rewrite the zoning ordinance as first priority, MESERVE x ROSENBLOOM X X followed by a re-write of the entire Code of Ordinances, and SHAUGHNESSY X adopt Resolution No. 97-20 transferring $30,000 between FLETCHER X accounts to provide funding to hire the consultant. Commissioner Rosenbloom inquired if the Commission would be involved in the rewrite process of the zoning ordinance. Mayor Fletcher stated the Commission would participate as the process moves along with a scheduling of another workshop in the near future to set the Commission's "vision" for the city. 6. Action on Ordinances: A. Ordinance No. 60-97-164: Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 24 OF THE CODE OF v V Minutes Page -8- NAME OF June 9, 1997 COMMRS. MS Y N ORDINANCES BY ADDING PLANT NURSERIES TO THE USES BY EXCEPTION IN SECTION 24-107; PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only, opened the public hearing and invited comments from those present. BORNO X MESERVE X X Motion: Adopt Ordinance No. 90-97-164 on final reading. ROSENBLOOM X SHAUGHNESSY X X Jerald Kaufman of 2224 Barefoot Tiace stated he owned property on the FLETCHER X northwest side of the property in question and was opposed to the change as it would devalue his residential property. Mr. Kaufman further stated Tropical Greenery was already operating on the site. Paul Eakin, Attorney for Ruben Bennett, stated the ordinance would add residential plant nurseries to the uses-by-exception and would not grant an exception to any property owner. It was pointed out the Commission could put any conditions on any future exceptions granted and the current ordinance would not allow a plant nursery to operate as a home occupation. Since no one else wished to speak, the Mayor declared the public hearing closed. Commissioner Meserve stated he had no problem with the requested use for the property. However, the Commission needs to minimize the impact on a neighborhood when granting the use-by-exception. Commissioner Rosenbloom inquired as to the limitations of a residential plant nursery as opposed to a commercial plant nursery and stated he was opposed to the request if it meant an increase in traffic and loading and unloading of plants in a residential area. Considerable discussion ensued and it was pointed out the RG-2 in which Mr. Bennett's property was located extended from the 100 Seminole Road location east to Ocean Boulevard and in some places as far north as Fourth Street. Presently, Mr. Bennett's property is being used to store plants on site with no retail sales taking place. It was also pointed out that the Community Development Board makes recommendations on requests for uses-by-exception to the Commission, however, the Commission makes the final decision on the request. Commissioner Rosenbloom then stated he was opposed to the change due to the extensive area covered by the request. Minutes Page -9- V VNAME OF June 9, 1997 COMMRS. MS Y N Mayor Fletcher stated he was opposed to the request because he wished to preserve the residential character of the city, and with 40%+ of the old core city zoned RG-2 and RG-3, he did not want to open the door for this type of business in those areas. There was no more discussion and the motion was defeated by a four to one vote with Commissioners Borno, Rosenbloom and Shaughnessy and Mayor Fletcher voting nay. B. Ordinance No. 90-97-165: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING AND SUBDIVISION REGULATIONS,AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only and stated the public hearing would begin at the June 23, 1997 Commission Meeting. BORNO X X ME SERVE X X Motion: Pass Ordinance No. 90-97-165 on first reading. ROSENBLOOM X SHAUGHNESSY X There was no discussion and the motion carried unanimously. FLETCHER X 7. New Business: A. Public Hearing and action on a request for a Use-by-Exception filed by Ted and Debra Jackrel to operate an office of a distributor of paratransit vehicles at 58 West 9th Street, on property zoned CG, Commercial General Motion: Grant Use-by-Exception to Ted and Debra Jackrel to BORNO X operate an office of a distributor of paratransit vehicles at 58 West ME SERVE X x 9th Street on property zoned CG, Commercial General subject to ROSENBLOOM X X the recommendations of the Community Development Board and SHAUGHNES SY X Staff(as listed in a memo dated June 4, 1997, from Community FLETCHER X Development Director Worley attached herewith and made part of this official record as Attachment B). Mayor Fletcher opened the public hearing and invited comments from those present. No one spoke and the public hearing was closed. There was no discussion and the motion carried unanimously. V V Minutes Page -10- NAME OF June 9, 1997 COMMRS. MS Y N B. Award contract in the amount of$9,797.00 to Dees, Inc., for exterior staining and sealing of the Public Safety Building in accordance with the specifications of Bid No. 9697-9 (Re-bid) BORNO X X Motion: Award contract in the amount of$9,797.00 to Dees, Inc., MESERVE X X for exterior staining and sealing of the Public Safety Building in ROSENBLOOM X accordance with the specifications of Bid No. 9697-9 (Re-bid). SHAUGHNESSY X FLETCHER X Commissioner Meserve commented that there was a wide range of contract prices, but he had spoken with an independent contractor who indicated the low bid price was responsible. There was no discussion and the motion carried unanimously. C. Award contract in the amount of$19,000.00 to First Coast Laundry and Cleaners for uniform cleaning for the Public Safety Department, pursuant to the specifications of Bid No. 9697-11 (Re-bid) BORNO X Motion: Award contract in the amount of$19,000.00 to First MESERVE X X Coast Laundry and Cleaners for uniform cleaning for the Public ROSENBLOOM X X Safety Department, pursuant to the specifications of Bid No. 9697- SHAUGHNESSY X 11 (Re-bid) FLETCHER X There was no discussion and the motion carried unanimously. D. Authorize the First Night Steering Committee to host a fund raising event BORNO X MESERVE X Motion: Authorize the First Night Steering Committee to host a ROSENBLOOM x X fund raising event on July 10, 1997 from 7-9:00 p.m. at the home of SHAUGHNESSY x one of its members. FLETCHER X X There was no discussion and the motion carried unanimously. 8. City Manager Reports and/or Correspondence: City Manager Jarboe informed those present a Memorial Service for staff in honor of Jeanie Brown, a City of Atlantic Beach employee who passed away unexpectedly last week, would be held on Tuesday, June 10, 1997 at 3:00 p.m. in the Commission Chambers. 9. Reports and/or requests from City Commissioners, City Attorney v v Minutes Page -11- NAME OF June 9, 1997 COMMRS. MS Y N and City Clerk Commissioner Rosenbloom inquired concerning the purported IRS investigation of the city bonds. City Manager Jarboe stated he had given the city's bond attorney authority to act on behalf of the city in this matter. Fire Safety Inspector Elyse Weintraub reported the recent "Celebrity Bagger" fundraiser held at Publix raised $1,571.00 in cash and donations. Proceeds from the event will be used to purchase smoke detectors for those unable to afford them. Inspector Weintraub thanked all of those who supported and participated in the event. Commissioner Shaughnessy reported on the Wonderwood Expressway Meeting to be held June 16, 1997 at 2:30 p.m. on the 15th floor of City Hall and urged everyone to attend the meeting or call the City Council Members in support of the project. In response to a statement made at the beginning of the meeting, Commissioner Meserve stated the city holds no "near secret" meetings and all meetings are properly noticed as required by law. There being no further discussion or business to come before the Commission, the meeting adjourned at 9:15 PM. Lyman Fletcher Mayor/Presiding Officer ATTEST: Mau en King, CM City Clerk ATTACHMENT A JUNE 9, 1997 COMMISSION MEETING ALAN W. POTTER, SR. 374 Second Street Atlantic Beach,Florida 32233 June 9, 1997 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Dear Commissioners: The citizens of Atlantic Beach and the customers of the water and sewer utilities are the losers of the $12,500 fine paid to the Florida Department of Environmental Protection. At a (near secret) special meeting of the Atlantic Beach City Commission on April 21, 1997 -- a meeting that lasted only ten minutes -- approval was voted to pay the penalty. The$12,500 fine resulted, in my opinion,from the mismanagement of the"Davco"plant conversion during the new 3.0 MGD wastewater treatment plant construction process. The City of Atlantic Beach owned and operated its"Pappy Parks"plant(1.0 MGD) and its"Davco" plant (1.0 MGD); total DEP approved capacity of 2.0 MGD. The DEP "construction permit" for the new 3.0 MGD wastewater treatment plant required that the existing"Davco" facility be maintained in service until the new treatment plant was complete and in service. Also, the construction contract for the new treatment plant had the same "remain in service" requirement. Of significance, prior to the "Davco" plant shut-down, Change Order No. One, Item One was proposed and approved. This item was intended to permit flow diversion to the"Pappy Parks"plant; supposedly for"surge tank" purposes. The added project cost was $12,978.04. At the(reported)request of the contractor, the consulting engineer, the public works director, and/or the city manager authorized the early shutdown of the "Davco" plant. The result: two million gallons of raw sewage pumped into the remaining one million gallon wastewater treatment plant. This action violated the DEP operation permit,the DEP construction permit,the EPA NPDES permit and the construction contract. Importantly, for a period of approximately six months, the final effluent violated the quality standards of the operating permit and polluted the waters of Florida. City Commission City of Atlantic Beach June 9, 1997 Page 2 Importantly,no change order to the construction contract was presented to the Atlantic Beach City Commission for consideration. Importantly, also, no DEP permit modification was requested for this major operational change. No reasonable person(either lay person or engineer) should believe that increasing the flow on the "Pappy Parks" plant -- from 1.0 MGD to 2.0 MGD -- would not affect treatment performance. In my opinion,the consulting engineer's"overview" letter of April 17, 1997, and the city manager's letter of April 18, 1997, (when viewed against the total of available facts) are cover-up letters (by their contents) and outright lies (by their intentional omissions.) In my opinion,the citizens of Atlantic Beach and the customers of the water and sewer utilities have been deceived and defrauded by those hired to properly serve them as employees and as consultants. The City Commission is respectfully requested to seek and obtain a reimbursement of the $12,500. from those persons who caused this wrong and the resulting DEP fine. The citizens should not be required to suffer the financial loss. The City Commission is also respectfully requested to note and to reject the rationalization that a $12,500. fine for wrongful conduct "is not really a loss to the City" because the City purportedly saved $23,000. In my opinion, such rationalization is immoral and, if not denounced, indicates that the Atlantic Beach city government is not only cavalier but also corrupt. Very truly yours, fW4 A W. Potter, Sr. AWP/amh NI III ATTACHMENT B - JUNE 9, 1997 COMMISSION MEETING 10 - 6q- q7 STAFF REPORT AGENDA ITEM: Request for Use-by-Exception for Vehicle Distributor SUBMITTED BY: George Worley II, Community Development Director ('/(,.7 DATE: June 4, 1997 BACKGROUND: The applicant operates a distributorship of vehicles designed for handicapped users. The proposed business does not generally sell these vehicles at retail, rather they are stored onsite and sold wholesale. The primary use of the property is proposed to be office space for the staff, however, because of the sale of vehicles, this use requires a Use-by-Exception in the CG district. The vehicles that are stored onsite will be stored outside of the building within a fenced parking area. The applicant has stated that an occasional customer may visit the site. This use appears to be less intensive than new or used automobile sales lots as permitted in the CG district. RECOMMENDATION: The Community Development Board reviewed this application and recommends approval subject to the following: 1) That there would be no lighting which interferes with adjacent residential properties, 2) Hours of operation are limited to 8:00 AM to 6:00 PM Monday through Saturday, 3) A fence be installed to separate the commercial and residential properties, 4)The parking lot be surfaced to minimize dust and allow proper drainage, 5) Not more than twenty (20) vehicles be stored on the property at any one time. Staff further recommends that the exception be granted to the Applicant only and for this location only. ATTACHMENTS: 1) Application for Use-by-Exception 2) Minutes of the Community Development Board (draft) REVIEWED BY CITY MANAGER: L' ATTACHMENT Minutes - June 9, 1997 May' -02-97 11 :27A RECEIVED Please Type or Print in Ink MAY 2 1997 Application Fee $100.00 City of Atlantic Beach Building and Zoning APPLICATION FOR "USE BY EXCEPTION" Date Filed: 5102-M7 Name and Address of Owner or Tenant in Possession of Premises: re-0 A-nd 7eh.iq JTr9icrrec_ (-14,"a" (.nZieLc.r, Phone /39o) crrmc. /1-4.:0o:,rt Work: cThilf--600.1_�r►4�1ox+: : l�C rCq 32za5 Home: 24(i-78'Sir Street address and legal description of the premises as to which the "Ue by Exception' is requested: (,c�r ? ascot c:. ielea.cA- Sem.H C.or 7 w 9/7-(5r. /.71,-,•mac dead._ pme,. w 9m' Sr. eUe f t�tct.. . A description of the "Use by E4ception" desired, which shell apecificall and particularly describe the hype, character and extent of the propose, "Use by Exception': DiSTrt:P1601o'L O PAIlA-t::.r►,Is:r uel.:al�sUQL. C QS LO 8c p„LS :Te -Qgs.ckvb-3,Ja. B e QcL 'ncA So Id. f6.A14j.,:121 w«L fPe_ u',ecS -ivy car-ice. 5_9 cola SrrW-F yr,e...- en_S crYNL-4., Specific reasons why the applicant feels the request should be granted: too C_op_dic..L 6ceerrt.Y C"vs.c-Vtac_ •far3_trnf FvyZ4 l9-nc(s cam Qi _ f12c f ohictil' -7 rr Ain or-ficcc TX,-r c.s: rr-. fi ev€14 dcw ti<'c4 _Tonrtc-_ clea.a. cs '�M r. w;LL eatir c.e Zoning Classification: CG • ( z r S gnatu "f applicant/applicant's Signatufl of owner of the property. authori d agent or attorney. If Applicat on cannot be processed agent or attorney, include letter without owners signature. from applicant to that effect. Applicant: Do not 'fill-in beyond this point. However, be prepared to respond to the following items: May-02-97 11 : 27A P_03 • FINDINGS OF FACT 1. Ingrews and &grew■ to property and proposed structures is adequate. Particular reference iw YES NO made to automotive and pedestrian safety and convenience, traffic flow and control and access in case of catastrophe, 2. Off-street parking and loading is adequate. Particular attention i■ paid to the items in 1. above and the economic, noise, glare and odor effeot■ of the ■penial exception _-on adjoining properties, and properties generally in the district/ 3. Locations of refuse and service area■ are compatible with surrounding popertiee and are wavily aooewsible. • • 4. Locations, availability and compatibility of utilities are adequate. 5. Type, dimensional and character of screening and buffering are adequate. 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. 7. Required yard, and other open spaces, are adequate. 8. The us& is generally compatible with adjacent properties and other property in the district. COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS: • ACTIONS BY THE CITY COMMISSION: 70, ..... ,,, ),.. / . "L1.1 . . SvC" 1 AG il 9 „ C3• G , ` /70777_ Se0600, . , 74:4$rAir. 1 al j r, S " 4;) .(‘, el. • Iss • Az>. r dcl, 1... .5b Oilliv IN . 1-*') G) 1 ' 44 „ 7' 'b . .. "I - i , • ' q Q9 %iv: ?` a. 0, Pi I /0 • rOltir Yl • Ilip r t i ?ia .4a , V, f- c, S 17: Sc .6 7- e a-R-v :_ tl. ,, ty .1 -• st , �� '+ f � t s ?x) „,, 1 4S cl 0 . .1.1.,,, •i / Zit2 i C'i` $ . 777 1 , .,• ‘t • - e iler*14 ay; , to • ' _ ~ N )0 . oma ` MAP SHOWING SURVEY OF ----- '[T •nLC.• 32.1�l 'i)'((.14 •11• ,.11JJR1C Mill.0 ra:CIY.I..,. 114 hal u%,!: 111 1).....c ), (4":1:1:CV:gv:le. 1t.•LIC 1AZ:1:G On f4NAL cbplly• pi.or A. -- _{ WEST 9th. STREET N. - 1.�J f'1...,r S 69'48'00'E Irul7•so.w'1 �.. A'/,J •,.. I a _ ; !��` O :, ,.e1;•, 4.,.lu;:.�n1�.., : �a. I— I • • N J T..1•,1. nn. -0 . [ 111.0 , • • ! i 41. o • •• lif: r `. •lJ 0 • \\, , .* i. 111onr s i F ; ,a• • I c , F c.. . stuccoauLowt • ," o } 6c1 .- S i • •A..+0 I De o ,. :1t • • Iv I'''••••••••• Iso' • SCtil< OKAWIKlO /+�~_��u.0 • 6Nt- 0C . 1j N39 , H----------''- -- -----..—J I NG9'481W 00' 50,00 4—::::::"."'" wormworm C1ll J 1 ire•einf•fuLp.4134,1 • WI I 1 lois 1s A typlylY tYIIICT. O'f elCLf /t, ,7y .� • LOT I II. o t C I W0 A t*C1T0CT•0I LWC,Al 1 I wr 1 Of 1.01{,KOOK It,AS,CA IAT. I ! STAbunit WTI 44 NIL ICAT X LW • :f l;,YlA)TJt1Y s111OC ItERECTI MAUI] AS 163J, M CAN ('}:�CM:Ii.'7S71r6U•lg}1LN 171O ' rid: •Y. IAN'%\ SICE 500-Y7AA r1•CY70 1 • N.A1031 110073 0001 0 REVILED APRIL 17, nal �� IIlARW Mi+l .A. 1p.t1d11T1-NJtJ, /qN/awry:DFJIGI, P✓JC1fJ1I I I1fJ0;!(V I(rL}Y SCJ 3ACUlt7,lta; U. f0• AM)Cltft•NAJy,IN IN4 TL11.0 INAIiwr'CO? I I VF IN 71Y Nt)VB CAIQCtr!?c Two m) WJ 19 A 77s, lf, 4UIlVl MMA B. 004IF0t, �k tey NJ1{1R ,TL�iJ/ I , IN 11V17 tell AIRVRY AEP , ' I I1,J)KlIlA JWC1f+1��11ATLVG(.LYIY.GW'eFJIJO JIMAU). ,T0.)MNUCH 1,Ml TI'%J. lTJiiiU1{Y. (,CI147 _P'y- ' I M1M IJNJ 71'!.G Ati OCIATI()V� I 714 649117 NOV VAI)MUGS -•• "' •• ..:::) . LEALEO YRTII AN CLINAS;Eli VgAL OF SIL1volin 11014..0 IlFfli.1J1 DONN W.DOATWPIONT, WEST 1 T.nl(.J•�,cr.ocu4 Ill(1,),13 FLOfUDA PCQ.LAND L.S. , 9th STREET61111YEYOq Kb.110• • The above dimensions have been obtained from the Owner/Seller and are deemed to be reliable, but should be verified independently. Mr. Haines introduced himself to the board and stated 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 cul-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. Mr. 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 deny the 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 located 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 the business does not generally sell vehicles at retail but are stored on site and sold wholesale. The principal use of the property is to be office space for staff but a use-by-exception is required because of the sale of vehicles. He indicated that the property adjacent and 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 would 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 and 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 applcant would be required to comply with approprate 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 the 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 imediately 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. 3. There be a fence constructed that would not be offensive to the residents immediately adjacent to the property, i.e., a finished fence on the resident's side. 4. That the parking lot be completed allowing proper drainage and minimum dust. 5. That there be no more than 20 vehicles stored on the property. Mrs. Pillmore seconded the motion. Mr. Frohwein moved to amend Mr. Wolfson's motion to include that the automobiles be stored in a fenced area and the use-by-exception be granted solely to the applicant. Mr. Wolfson further amended his motion and Mr. Frohwein's amendment to include removing the septic tank drain area, level the property and include in fenced area for storage purposes. Mrs. Walker seconded the amended motions and the board voted unanimously to recommend approval of the use-by-exception. V. Application for Variance filed by Carlos Fraticelli and Barbara Robinson to construct a roof over an existing nonconforming deck at property located at 230 Magnolia Street. Mr. Fraticelli introduced himself and stated that a screened deck was constructed in 1991 which encroached the side yard setback line. The enclosure was permitted in error with the encroachment showing on the approved drawings. He stated that he did not realize a problem existed until recently when applying for a permit to place a roof over the structure. Barbara Robinson, co-owner of the property, introduced herself and stated that it was not their desire to alter the structure but simply cover it with clear plastic. After discussion, Mr. Frohwein moved to grant the variance provided that the screened structure not be enclosed with walls in the future. Mrs. Pillmore seconded the motion and the variance was unanimously granted. VI. Application for Variance filed by Clinton Burbridge III to construct a 6-foot fence on the west property line of 270 6th Street. Mr. Burbridge introduced himself and explained that his property is located on the southeast corner of East Coast Drive and Sixth Street and desires to construct a 6-foot on the that portion of his property. He stated that there is extreme traffic noises at the location and presently has a 2-foot fence. On corner lots the secondary street front setback is 15 feet thereby reequiring fences within that area to be 4 feet or less in height. He presented pictures of the property to the board and stated there were other fences in the area which are in noncompliance. The Chairman mentioned various solutions including widening the road, one-way direction and speed bumps. He stated that if a variance was granted it would create a dangerous line of sight situation at the intersection. He stated that the whole situation of traffic and solutions should be studied by the City.