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08-26-85 v AGENDA CITY OF ATLANTIC BEACH August 26, 1985 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of Regular Meeting of August 12, 1985 2. Recognition of Visitors 3. City Auditors Deloitte, Haskins $ Sells to present a brief overview and plan of operation for the audit of City finances for year ending September 30, 1985. 4. City Commission to acknowledge receipt of evaluation study conducted by Connelly $ Wicker on the Atlantic Beach Public Safety Building. 5. Action by the City Commission on a recommendation from the Advisory Planning Board on an application for an exception filed by MB Investments for a fast-food establishment called "Scoots". 6. Report from City Attorney regarding Ragtime Restaurant. 7. Request from Sherman Baldwin, owner of Tropico Patio, to be heard by the City Commission regarding the City's noise ordinances. 8. Action on Ordinances A. Introduction and first reading of an ordinance amending the zoning ordinance to provide an amendment to the classifications for land use and the elimination of a classification for Commercial Intensive, and setting of a public hearing for October 14, 1985. B. Introduction of an ordinance amending the zoning ordinance to correct conflicting provisions regarding maintenance bonds and to provide developers must furnish a one-year maintenance bond in the full amount of the value of the public facilities. 9. Miscellaneous Business 10. ADJOURNMENT • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HALL ON AUGUST 26, 1985 AT 8:00 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E William I. Gulliford, Jr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: Richard C. Fellows, City Manager 0 E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I O Y NAME OF ONEN COMMRS. N D S 0 -- The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1.Approval of the Minutes of the Regular Meeting of August 12, 1985 Motion: The minutes of the regular Commission meeting of August 12, Cook x x 1985 be approved as presented. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * * :: * * * * * * * * * * * * * * * * * * * * * * Howell x 2.Recognition of Visitors :r. Louis MacDonell, 241 Atlantic Blvd. ,Neptune Beach, representing Harcourt Bull, III and William Bull, made a preliminary request con- cerning a Planned Unit Development project along the 7th and 8th fair- way on the golf course. The PUD request was initiated in July, 1984. He said they had made some modifications to the proposed development to in- clude an arrangement whereby a tract of land approximately 3.37 acres owned by the Bulls could be exchanged for a like tract of land 3.37 actes owned by the City. Mr. MacDonell submitted a map and legal description of the two parcels for Commission consideration, and advised he planned to re-file with the Advisory Planning Board in the near future. There would be ingress and egress for the development of approximately 108 patio homes off of 11th st. and through the new section of Selva Lakes to Plaza. Mr. Audrey Deal, 1527 Park Terrace West, representing Mr. George Helow, made a request for Mr. Helow's property, approximately eight acres, located on the Southeast corner of Mayport Road and Plaza to be rezoned to its prior zoning, Commercial General (CG) . His current plans were to construct a shopping center of approximately 60,000-70,000 square feet of buildings with adequate parking. Mr. Deal submitted a preliminary plan for Commission consideration and advised he planned to appear before the Advisory Planning Board at their next meeting. 3.City Auditors Deloitte, Haskins & Sells to present a brief overview and plan of operation for the audit of City finances for year ending 9/30/85 _he auditors offered a basic report on the week spent at City Hall.They completed their audit planning for the rest of the audit, and became oriented with city affairs; identified the new transactions and grants PAGE TWO V V MINUTES NAME OF AUGUST 26,1985 COMMRS. MSYN Auditors - continued the city had entered into this year, including the application receipt of the two new grants for the sewer projects. They did their preliminary study and evaluation of controls; tested various transactions of differ- ent types of filing (expenditures and expenses and water and sewer reve- nues) , and found no indications of any errors so far in the audits. Fol- lowing their report, the Commission thanked the auditors for coming. 4.City Commission to acknowledge receipt of evaluation study conducted Sy Connelly & Wicker on the Atlantic Beach Public Safety Building. Mayor Howell suggested the item be passed over until Tuesday night to be discussed during the Budget Workshop meeting. Commission agreed. 5.Action by the City Commission on a recommendation from the Advisory Planning Board on an application for an exception filed by MB Investments for a fast-food establishment called "Scoots". Commissioner Morris reported that Scoots, a fast-food restaurant had appeared before the Advisory Planning Board and requested a "Use by Exception" in the zoning area for a drive thru restaurant, no on premises onsumption. The Advisory Planning Board voted in favor of the "Use by Exception" provided the site plan met the criteria necessary for the safe flow of traffic in and out of Mayport Road. Motion: Approve the "Use by Exception" application of "Scoots" as Cook x filed, subject to the site plan being presented and approv- Gulliford x ed by the City Manager. Morris x x Van Ness x x During discussion before the vote, Mr. Alan Jensen, representing the Howell x owners, advised he would present the site plan to the City Manager within the next few days. The question was called and the motion car- ried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6.Report from City Attorney regarding Ragtime Restaurant. Mayor Howell stated all members of the Commission had received copies of a report from the City Attorney stating the original application by Ragtime Restaurant for an exception, filed by the lessee's on January 1, 1983 allowed them to increase the size of the restaurant. For the record, the letter from Mr. Mullis is attached hereto and made a part hereof. No Commission action required. 7.Request from Sherman Baldwin, owner of Tropico Patio, to be heard by the City Commission regarding the City's noise Ordinances. Jr. Baldwin requested permission to provide music in the restaurant's outdoor patio while alcoholic beverages are served. He explained police cited him under Ordinance 10-61-8 after neighbors complained about the noise two weeks ago. The city also has a noise Ordinance- Sec. 11-3. PAGE THREE V V MINUTES NAME OF AUGUST 26, 1985 COMMAS. MSYN Tropico Patio - continued "It sounds discriminatory" Commissioner Cook said and added the Sea Turtle Inn and Restaurant has served liquor and provided music by its outdoor pool for years. Mayor Howell agreed and said it smacks of being extremely unconstitutional and discriminatory. Fire Chief Wayne Royal, also the Code Enforcement Officer said he and the Building Inspector had met with Mr. Baldwin on the request by the City Clerk after he applied for his occupational license. After inspect- ing the building and patio, they told him the patio was in violation of the city's building and fire codes. He was instructed to close the patip until it was in compliance with the Codes. Mr. Baldwin stated when he leased the property, he assumed the structure met all city codes, and had turned the matter over to his attorney. He added that an architect was drawing up plans to enclose the outdoor patio and it should be completed within six to seven weeks. He was asked if he planned to serve in the patio while it was under construction, and Mr. Baldwin said "he didn't know if he could afford to have it any other way. To generate a winter business you must thrive during the summer, and that' s what I'm proposing to do. Quite honestly, I don't know if we would make it without the patio area." Following discussion, Mayor Howell told Mr. Baldwin that section 7-19 of the Code provides that you may appeal any action taken by the Chief of the Fire Department to the City Commission within thirty (30) days from the date of the decision appealed. He suggested Mr. Baldwin have his attorney get in touch with the city's attorney, Mr. Mullis and go from there. Mayor Howell also said there were two conflicting Ordinances, one said if you have an alcoholic beverage license you cannot provide musical instruments outside. The noise Ordinance provides that you can have musical instruments outside providing that no neighbor within 250 feet complains about the noise, etc. Motion: Instruct the City Attorney to prepare an Ordinance for Cook x presentation at the next meeting repealing that particular Gulliford x x section in the Alcoholic Beverage Ordinance. Morris x x Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances A. Ordinance No. 90-85-95 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS TO CORRECT A CONFLICT IN THE ORDINANCE DEFINING IAINTENANCE BONDS; REWRITING THE SECTION OF THE ORDINANCE DEALING WITH MAINTENANCE BONDS TO REDUCE THE NUMBER OF YEARS A MAINTENANCE BOND IS REQUIRED; PROVIDING AN EFFECTIVE DATE. PAGE FOUR V V MINUTES NAME OF AUGUST 26, 1985 COMMAS. M S Y N Action on Ordinances - continued Said Ordinance was presented in full, in writing by Mayor Howell on first reading. Motion: Passage of Ordinance No.90-85-95 on first reading. Cook x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x The Public Hearing was set for October 14, 1985 Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Ordinance No. 90-85-96 - AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-109, TO CREATE A NEW ZONING DISTRICT CPO, COMMERCIAL: PROFESSIONAL/OFFICES; RENUMBERING SECTION 24-109 COMMERCIAL LIMITED TO SECTION 24-110 COMMERCIAL LIMITED AND CHANGING THE USES BY EXCEPTION TO ELIMINATE THE PROHIBITION AGAINST DRIVE-IN RESTAURANTS IN SUBPARAGRAPH 4; CHANGING THE NUMBERING OF COMMERCIAL GENERAL DISTRICTS FROM SECTION 24-110 TO SECTION 24-111, AND PROVIDING ADDITIONAL PER- MITTED USES AND USES BY EXCEPTION THEREIN; REPEALING IN ITS ENTIRETY OLD SECTION 24-111 COMMERCIAL INTENSIVE; PROVIDING ADDITIONAL PERMITTED TTSES IN SECTION 24-112 INDUSTRIAL LIGHT AND WAREHOUSING; PROVIDING AN FFECTIVE DATE. Said Ordinance was presented in full, in writing by Mayor Howell on first reading. Motion: Passage of Ordinance No.90-85-96 on first reading. Cook x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x The Public Hearing was set for October 14, 1985. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Business Commissioner Cook thanked Mr. Fellows for the memo on Johnny's Garage, 51 West 7th St. that was discussed at the last meeting. The City Manager said he had asked the Code Enforcement Officer to check it out specifi- cally. He found the business is properly licensed and is operating legally under the "grandfather" clause of the City Code. Commissioner Gulliford commented he understood the sign at the Dough- nut shop on Atlantic Blvd. had been knocked down due to an accident. Tha owner of the shop told him the Building Inspector had advised them they could not rebuild the sign in its original form according to the sign Ordinance. Commissioner Gulliford expressed the opinion the original sign looked better than the pile of rubble that was there now, and found it and to believe the owners of the shop could not replace what they had up with a sign of similar nature. The City Manager advised he was not aware of the problem but would look into it and give Commissioner Gulliford a full report soon. PAGE FIVE V V MINUTES NAME OF AUGUST 26,1985 COMMRS. M S Y N Miscellaneous Business - continued Commissioner Gulliford also announced he had decided to run again for Seat 4 on the City Commission. His reasons were he had been responsible for some things that had been done that he would like to see the finish take place along with the results on the Buccaneer purchase. He loves the city and hopes to participate in the future with other decisions the City will make from time to time. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:05 p.m. 117'2' H: ell Mayor/Presiding Officer (SEAL) ATTEST: ca Adelaide R. Tucker City Clerk