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05-14-90 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, MAY 14, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of April 23, 1990 2. Recognition of visitors: 3. Appearances: A. Request for funding of summer activities (John Seroya) B. Larry Shealy, president Fletcher High School 12th Man Club requesting a tax exempt deductible contribution for the 12th Man Club 4. Old Business: A. Acquisition of the Thelma Griffin property in Section H B. Request for Waiver of Subdivision Regulations and Final Plat approval; Lots 10 & 11, Mayport Industrial Park, by Michael J. Canella (Rene' Angers, Community Development Director) 5. Action on Ordinances:` A. First reading of Ordinance- #57-90-16 amending section 2-51 to provide for the removal of the Chief of Police by the Director of Public Safety B. First reading of Ordinance #95-90-46 amending Section 18-1 to define the term "Hawker", amending Section 18-2 to add subparagraph (4) prohibiting hawking; amending section 18-21 to add additional exceptions C. First reading of Ordinance #95-90-47 to provide for tree conservation, permits, tree inspection reports, site alterations, removal and maintenance of trees D. First reading of Ordinance # 90-90-151 relative to townhouses and Substandard Lots of Record (Rene' Angers, Community Development Director) 6. New Business: A. Appointment to Code Enforcement Board to fill unexpired term of Allen Salfer, with term to expire 10/1/92. B. Appointment to Public Nuisance Board to fill unexpired term of Jack Brooks C. Discussion and related action relative to the proposed purchase of property for City of Atlantic Beach Wastewater Treatment Plant (Tim Townsend, Division Chief) D. Report on cost of repairs relative to the breakdown at the Atlantic Beach Sewer Plant. (Acting Public Services Director Harry McNally) E. Application for Use by Exception by Timothy Seyda and C&S Bank for on premise consumption of alcoholic beverages at 461 Atlantic Boulevard (Rene' Angers, Community Development Director) F. Application for Use by Exception for Restaurant in a Commercial Limited Zoning District by Vincent Akra (Rene' Angers, Community Development Director) 7. City Manager reports and/or correspondence: A. Status report concerning Beach Avenue Water and Sewer B. The City of Atlantic Beach has been recognized by Warren Burger as a bi—centennial community honoring the 200th anniversary of the United States Constitution (Parks & Recreation Director Rose Blanchard) 8. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF THE MANTIC BEACH CITY COM- V V MISSION HELD AT CITY HALL OM MONDAY, MAY 14, 1990 AT 7:15 PM 0 0 T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook, Sr. D D Glenn A. Edwards, and Adelaide R. Tucker M S AND: Kim D. Leinbach, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ONEN ABSENT: Commissioner John W. Weldon, (Excused) COMMRS. NDSO The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of April 23, 1990 Cook x Edwards x x Motion: Approve minutes of the regular meeting of April 23, Tucker x x 1990 Gulliford x No discussion before the vote. The motion carried unanimously. 2. Recognition of visitors: Kathleen Russell, 2117 Beach Avenue, requested that the Community Development Board be given an opportunity to give some input regarding the job description and responsibilities of the new Community Development Director. The Mayor suggested she contact the City Manager in this regard. Ms. Russell also inquired into the status of plans for the paving of Beach Avenue north of 20th Street. The City Attorney said he had received responses from the property owners and all were willing to grant easements to the city. The City Attorney pointed out that portion of the road was privately owned and he asked whether the City Commission felt it was advisable for the city to pave and then maintain a private road. He suggested a better course of action would be for the owners to dedicate the property to the city for ownership and maintenance. Following further discussion it was felt the best course of action was to contact property owners again regarding dedicating the street to the city. Cook x x Motion: Direct City Attorney to contact the property owners Edwards x regarding dedicating the street to the city Tucker x x Gulliford x No further discussion before the vote. The motion carried unanimously. PAGE TWO V V MINUTES NAME OF MAY 14, 1990 COMMRS. M S Y N ■ 3. Appearances: A. Requesting for finding of summer activities John Seroyer, 2323 The Woods Drive, discussed a proposed sumer fitness program for children between the ages of 8 and 15 in the beaches area. He said the program is being planned with the help of Fletcher Jr. and Senior High Schools and will be operated by the Community School program. While programming and instructors will be paid by the community schools, he said he is requesting the beach cities each contribute to the summer program to the extent of $500.00 to cover the cost of equipment, field trips, etc. He explained the funds would be administered by the Fletcher Jr. High School. After brief discussion of the matter it was decided in the future funds should be budgeted for such contributions and to defer action until the next meeting when Commissioner Weldon would be in attendance. It was also suggested in the meantime this matter should be referred to the Parks and Recreation Director for her input. B. Tarry Shealy, President of Fletcher High School 12th Man Club requesting a tax exempt contribution for the 12th Man Club Since Mr. Shealy was not in attendance, action on this request was also deferred until the next meeting. 4. Old Business: A. Acquisition of the Thelma Griffin property in Donner's Replat #2 The City Attorney reported he had written two letters but had received no response from the owner of Lot 16, Block 1. Mr. Jensen said Ms. Griffin was anxious to know what the city intended to do regarding the purchase of her property. It was confirmed that Ms. Griffin had asked $65,000 for her property which included three lots and a house and that funds were available for the purchase. Cook x x Motion: Proceed with the purchase of Ms. Griffin's property Edwards x x (Lots 13, 14, and 15, Donner's Replat #2) at a cost Tucker x of $65,000 Gulliford x No discussion before the vote. The motion carried unanimously. The City Attorney was instructed to contact Ms. Griffin regarding the 'city's purchase of her property. The City Manager said he would try to make a personal visit to Ms. Wilson, owner of Lot 16, regarding the purchase of her property. PAGE THREE V V MINUTES NAME OF MAY 14, 1990 COMMRS. M S Y N , B. Request for waiver of subdivision regulations and final plat approval; Lots 10 and 11, Mayport Industrial Park, by Michael J. Capella The Mayor explained the owners of Lots 10 and 11 of the Mayport Industrial Park wished to convey approximately 11,500 square feet of Lot 10 to Lot 11. The Community Development Board had held a public hearing on the matter and after said public hearing, had recommended approval. Cook x x Motion: Approve recombination of lots as requested Edwards x x Tucker x In discussion before the vote, Commissioner Cook inquired why the Gulliford x ordinance was written as it is but no one seemed to know why it was so written. Mike Canella, 4110 Southpoint Boulevard, representing owners of both lots, explained the owner of Lot 11 wished to expand his business and the owner of Lot 10 was agreeable to selling a portion of his property. He said he felt the ordinance was more applicable to residential property. After further discussion it was decided it would not be necessary to replat the lots. The question was called and the motion carried unanimously. 5. Action on Ordinances: A. Ordinance No. 57-90-16 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, AMENDING SECTION 2-51 TO PROVIDE FOR THE REMOVAL OF THE CHIEF OF POLICE BY THE DIRECTOR OF PUBLIC SAFETY, PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 57-90-16 on first reading. Cook x x Motion: Approve passage of Ordinance No. 57-90-16 on first Edwards x reading and set for public hearing on May 29, 1990 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Ordinance No. 95-90-46 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATf ANTIC BEACH, AMENDING CHAPTER 18, SOLICITING, AMENDING SECTION 18-1 TO DEFINE THE TERM "HAWKER"; AMENDING SECTION 18-2 TO ADD SUBPARAGRAPH (4) PROHIBITING HAWKING; AMENDING SECTION 18-21 TO ADD ADDITIONAL EXCEPTIONS; PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 95-90-46 on first reading. Cook x Motion: Approve passage of Ordinance No. 95-90-46 on first Edwards x x reading and set for public hearing on May 29, 1990 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE FOUR V V MINUTES NAME OF MAY 14, 1990 COMMRS. M S Y N • C. Ordinance No. 95-90-47 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANTIC BEACH, AMENDING CHAPTER 23, VEGETATION, BY AMENDING ARTIC1.R I I, TREES, TO PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE CONSERVATION BOARD, TO PROVIDE FOR PERMITS, TREE INSPECTION REPORTS, SITE ALTERATIONS, REMOVAL AND MAINTENANCE OF TREES, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 95-90-47 on first reading. Cook x Notion: Approve passage of Ordinance No. 95-90-47 on first Edwards x x reading and set for public hearing on May 29, 1990 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. D. Ordinance No. 90-90-151 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLlNPIC BEACH, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, CHANGING UNDER SECTION 24-17 THE DEFINITIONS OF "SUBSTANDARD lOP OF RECORD" AND "TOWNHOUSE", AMENDING UNDER SECTION 24-83 TO PROVIDE FOR ONLY ONE SINGLE FAMILY DWELLING CST SUBSTANDARD LOTS OF RECORD, AND REQUIRING ACTION BY THE COMMUNITY DEVELOPMENT BOARD, PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 90-90-151 on first reading. Cook x x Motion: Approve passage of Ordinance No. 90-90-151 on first Edwards x reading and set for public hearing June 25, 1990 Tucker x x Gulliford x In discussion before the vote, Commissioner Cook questioned the wording "each townhouse shall be constructed upon a separate lot" and the City Attorney explained this was so each unit could be sold fee simple. Further discussion ensued regarding the definition of "townhouse" and "townhouse unit" and Commissioner Cook said he felt the definitions needed to be further clarified. Dezmond Waters, 1835 Seminole Road, said the wording was extremely confusing and felt the ordinance should be amended to prohibit the construction of a townhouse on a substandard lot of record. Mr. Waters felt there was confusion between the definition of duplex and townhouse and suggested townhouses should only be permitted in multi-family zoning areas. He also suggested limiting height restrictions to 25 feet on substandard lots. The `City Manager and City Attorney were asked to address the matters raised with a view to providing amendments. Kathleen Russell who is a member of the Conununity Development Board, was asked to bring the matter up for further discussion at the next meeting of that board and report back with any further suggestions they may have. PAGE FIVE V V MINUTES NAME OF MAY 14, 1990 COMMRS. MSYN There being no further discussion on the matter, the question was called and the motion carried unanimously. * * * * * * * * * * * * At this time, the Mayor asked the City Commissioners to give some thought to requiring ordinances to be introduced to be City Commission by a Commissioner. He said he felt this would result in one member of the Commission being fully apprised of the specifics of the ordinance and being in a position to answer questions when the ordinance came before the City Commission for action. * * * * * * * * * * * * 6. New Business: A. Appointment to Code Enforcement Board to fill unexpired term of Allen Salfer, with term to expire October 1, 1992 Mayor Gulliford offered for consideration the name of William Dorsey, an attorney who resides in Atlantic Beach and is a member of Mayor Hazouri's Sports and Entertainment Committee. Cook x Notion: Appoint William Dorsey to the Code Enforcement Edwards x x Board Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Appointment to Public Nuisance Board to fill unexpired term of Jack Brooks Mayor Gulliford suggested action on this item be deferred until the next meeting and asked Chief Thompson give the names of possible candidates to the City Manager. C. Discussion and related action relative to the proposed purchase of property for expansion of the City of Atlantic Beach Wastewater Treatment Plant Tim Townsend said the property under consideration was Lots 3, 4, 5, and 6, Block 1, Ed Smith Subdivision, adjoining property presently owned by the city on the west side of the sewer plant and extending to Francis Avenue. He said he had contacted all except one of the property owners and all were willing to sell at the fair market value. He said a house-moving firm had inspected the houses and had indicated they could move them for $11,000 each or would demolish them for $3,000 each. Mayor Gulliford confirmed that restricted funds could be used since the purchase was for the expansion of the sewer plant. PAGE SIX V V MINUTES NAME OF MAY 14, 1990 COMMRS. M S Y N Motion: Authorize purchase of Lots 3, 4, 5 and 6, Ed Smith Cook x Subdivision at a total cost of $182,000 for the Edwards x x purpose of future expansion of the wastewater Tucker x x treatment plant Gtlliford x No further discussion before the vote. The motion carried unanimously. D. Report on cost of repairs relative to the breakdown at the Atlantic Beach Sewer Plant Harry McNally reported the main bearing of the #2 clarifier had given way and had caused damage to the main bearing of the #1 clarifier, rendering both clarifiers out of service. Mr. McNally requested authorization to pay invoices from Johnson Crane Service and Atlas Electric for repairs in the amount of $12,304. He said the repairs had included some modifications which he hoped would result in a longer lasting design. Motion: Approve payment of invoices from Johnson Crane Cook x x Service and Atlas Electric Motors in the total Edwards x x amount of $12,304.00 Tucker x Gulliford x No discussion before the vote. The motion carried unanimously. E. Application for Use by Exception by Timothy Seyda and C&S Bank for on-premise consumption of alcoholic beverages at 461 Atlantic Boulevard Mayor Gulliford explained this request had been before the Community Development Board and they had recommended denial. Cook x Motion: Accept recommendation of Carmunity Development Edwards x x Board and deny Use by Exception Tucker x x Gulliford x Commissioner Cook said he did not feel the City Commission had the authority to grant an exception since the city code provided that the sale of alcoholic beverages at that location was incidental to the sale of food, and it would require an ordinance to change that provision. The City Attorney said Mr. Seyda was applying for a use by exception for on-premise consumption of alcoholic beverages which is allowed by exception in a CG district. After further discussion the question was called and the motion carried unanimously. F. Application by Vincent Akra for Use by Exception for a restaurant in a Cammercial Limited (CL) zoning district Mayor Gulliford explained the request for exception had been before the Coiuununity Development Board and they had recommended approval. PAGE SEVEN V V MINUTES NAME OF MAY 14, 1990 COMMRS. MSYN --- ------ -- ---- -- ---- --- Motion: Accept recommendation of Canrnmity Development Cook x x Board and approve Use by Exception for Vincent Edwards x x Akra for a restaurant in a Commercial Limited (CL) Tucker x district at 1221-1261 Mayport Road GUlliford x No discussion before the vote. The motion was unanimously approved. 7. City Manager Reports and/or correspondence: A. Status report concerning Beach Avenue water and sewer line extensions The City Manager invited ' Andy May and Jim Jacques from Gee & Jenson Engineers, to report on the project. Andy May said some revisions had been made to the design and the lift station in the Dewees Avenue area has been eliminated. He said the basements of some of the homes in the area north of 18th Street are below the grade of the new sewer line and would not be able to connect with a gravity service pipe. He said it would be necessary for these homes to convert their septic tanks into mini pump stations. Discussion ensued regarding the provision in the city code which requires households to connect to the city sewer within ninety days after it becomes available. The City Manager said in the past the city had allowed households to connect on an as-needed basis and pay the appropriate tap fees at the time of connection, and he recommended that privilege be extended to those affected by this project. Mayor Gulliford asked that a letter be sent to the fourteen owners of low-lying properties informing them of the type of improvements being planned and advising that because of the design and construction of the homes relative to grade, it would be necessary for them to install a grinder pump to their septic tank and construct a pressure line across their lot to the lateral at the edge of their property and that connection to the system could be at their convenience. Commissioner Cook asked whether this could be made a part of their deed record so any prospective buyer of these properties would be aware of the situation. In summary, Mr. May confirmed that the City Commission was in agreement with the design and said they would provide a stub-out to serve each of the lots so when the road is resurfaced, pavement cuts would not be necessary. It was confirmed, however, that the owner's of undeveloped property would be required to connect to the system upon development of the property. Mr. May said they would begin televising the existing lines along Ocean Grove in June, after which they would be able to complete the design work. • PAGE EIGHT V V MINUTES NAME OF MAY 14, 1990 COMMRS. MSYN B. The City of Atlantic Beach has been recognized by Warrren Burger as a bicentennial qty honoring the 200th anniversary . of the United States Constitution Rose Blanchard said the city had participated in bi-centennial celebrations since 1987 and has had to report to both state and national commissions. She presented a certificate from Warren Burger, Chairman of the Commission on the Bi-Centennial honoring Atlantic Beach as a bi-centennial community. She said a flag had also bcon received which she hoped would be flown on the new City Hall when complete. The City Manager reported: he had asked Mr. Snellings of Connelly and Wicker to give a status report on several projects at the next commission meeting. CH2M Hill was also ready to report to the City Commission on the storm water utility project. After brief discussion, a workshop meeting was scheduled for Monday, May 21, 1990 at 7:15 PM. he would be out of town Tuesday through Friday of this week attending the Florida City and County Management Association conference in Tampa. - he was interviewing and would like to hire a new Community Development Director as soon as possible and said he would contact each member of the Community Development Board for input. Caimissioner Edwards reported on the final language in the proposed legislation to amend the permitted uses for Convention Development Tax (Bed Tax) monies. The new proposal provides that if the governing body of a municipality adopted a resolution stating that the municipality was unable to use revenues for any other purpose currently approved, the municipality may use revenues for the acquisition and development of municipal parks, lifeguard stations or athletic fields. Commissioner Edwards also reported he had received complaints regarding the unsightly condition of Atlas Electric on Mayport Road. Don Ford, Code Enforcement Officer said the matter had been before the Code Enforcement Board and Atlas Electric had been given ninety days to clean up the property. The matter will come before the Code Enforcement Board again at its meeting in June. After a brief discussion of the matter, Commissioner Edwards made the following motion: •aagpi uoT; JnoJuT TUoTlTPPp epTnoad pTnoM au pup ODUP4STSSP TPToupUT3 SP ITaM sp 'Ioaquoo oT33pa. 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O . peau am buTzTseq060 Pupaadoad oTaeTa x xspaempa semi aqq buTpaebaa uaaouoo s,uoTssTuuop am x xoom burssaadxa paeog quawaoaogua apop oq aaggaT gjeiu :uo-goyl N A S W 'S11141/4IO3 0661 '17T AVIAT .10 MINN S�,T,n rvrw A A HNIN S`JVd PAGE TEN V V MINUTES NAME OF MAY 14, 1990 COMMRS. MSYN There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:15 PM VO . William I. Gullifor. Jr Mayor ATTES T: Maureen King, City Clerk NOTE: The applications for exception acted upon in agenda items 6E and 6F require a public hearing to be held prior to the vote to grant or deny the exceptions. Due to an oversight these public hearings were not held at this meeting but have been scheduled for the meet- ing of May 29, 1990 after which the City Commission will again vote on the matter.