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05-23-88 v CITY OF ATLANTIC BEACH Regular Meeting May 23, 1988 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of May 9, 1988 2. Recognition 'of visitors 3. Appearances: A. Andy May of Consulting Engineers, Gee & Jenson, to discuss an apparent need for possible engineering network analysis of the Buccaneer water system B. George Bull, seeking preliminary plat approval for a Planned Unit Development to be called Sevilla Gardens 4. Action by the City Commission to accept for maintenance the water and sewer utilities in Cypress Cove, Unit V S. Commissioner Robert Cook with a committee report and recommenda- tions relative to an annual contract for landscape maintenance of City facilities 6. Action by the City Commission on recommendations for engineering services in connection with preparing of plans and specifications for a, solid waste transfer station and evaluation of possible recycling facility 7. Actions on recommendations of the Community Development Board: A. Receipt of recommendation on application for exception by Donald Braddock for automobile repair shop in a CG district at Mayport Road and West Plaza, and setting a public hearing for June 13, 1988 B. Action on application for exception by Kathleen Bushnell for a home occupation license to allow the use of her home for arranging trips for students and others by telephone at 140 12th Street and setting a public hearing for June 13, 1988 (Community Development Board recommends approval of both applications) 8. Miscellaneous 9. Mayor to call on City Commissioners, City Attorney, City Clerk, and City Manager for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON MAY 23, 1988 AT 7: 15 P.M. V V V0 V 0 T T PRESENT: William S. Howell, Mayor/Presiding Officer E E Robert B. Cook, Sr. D D Glenn A. Edwards William I. Gulliford, Jr. M S Alan C. Jensen, Commissioners O E AND: Richard C. Fellows, City Manager T C I O Y Claude L. Mullis, City Attorney NAME OF ONE N Adelaide R. Tucker, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offerd by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of May 9, 1988 Motion: Minutes of the regular meeting of May 9, 1988 be approved Cook x x as submitted. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 1. Recognition of Visitors Mr. Paul Eakin, attorney representing Mr. & Mrs. Sewell, requested a Conditional Use Permit for his clients to have live entertainment at Finskey's take-out fishery located on Mayport Road. Police Chief Thompson advised the Commission that his department had been called, on three occasions, with complaints relative to the noise. A lengthy discussion followed. Discussion also followed on Mr. Sewell's desire to allow his customers to eat outside on the deck without obtaining a restaurant license. Tha Building Department had advised the City Clerk that sewer impact fees of $160.00 per seat would have to be paid before an occupational license for a restaurant could be issued. Mr. Eric Schoenig, landowner, stated he had consulted the Division of Restaurants, State of Florida and he was informed he did not need a restaurant permit for picnic tables ou:- side, as long as there were not seating arrangements inside the premises. Mr.Schoenig did not feel there was any obligation to pay the impact fees due to the fact he was still on a septic tank. Commission agreed that no impact fees would be due at this time, but Mr.& Mrs. Sewell should apply for a restaurant license. Following discussion, it was the consensus of the Commission that Mr. Sewell could apply for a Conditional Use Permit with the City Clerk for the band as long as the musicians turned their backs to the street to comply with the Code. The band will not play during church services held next door. Mayor Howell reminded Mr. Eakin the Commission could revoke the permit if the noise level was determined to be a nuisance. Mr.Wayne Parish, 68 17th St. , inquired as to the status of 17th St. access. Mr. Mullis told him the city was unsuccessful in its suit for a summary judgement regarding a beach access at 17th. In response to PAGE TWO V V MINUTES NAME OF MAY 23, 1988 COMMRS. MSYN Recognition of Visitors-continued Mr.Mullis responded to Mr. Parish's question relative to appeal, that the chances for the court to reverse were slim, based on factual cir- cumstances. Another alternative would be that the City could acquire a 5' access by eminent domain if the city could show a public service to be served. Mr. Mullis recommended the city not take any further action on 17th St. until after the court case on 20th st. is settled. That court hearing will be June 13, 1988. Mayor Howell said the cost on the 20th St.easement would be quite expensive, and also he was not sure the city could show a public necessity for 17th because of the proximity of the 18th St. access and DeWees access. Appearances: A. Andy May of Consulting Engineers, Gee & Jenson, to discuss an apparent need for possible engineering network analysis of the Buccaneer • water system Mr. May furnished background information on the Buccaneer system. After evaluation, Mr. May felt some long term distribution improvements needed to be planned. He suggested the city authorize a computer analysis for a model. Then the city could decide what type of improvements were needed, put a cost estimate to it, and set up a total program. For planning purposes,Mr. May estimated the construction cost of alternative 1 to be between $12,000.00 and $18,000.00, and Alternative 2 to be roughly $50,000.00 to $70,000.00. Engineering expenses to design final plans, specifications and construction documents were estimated at an additional $5,000.00 to $7,000.00. Mr. Fellows added Buccaneer had a very antiquated way of providing chlorine for such a large system, by using 150 lb. bottles. The city used one ton cylinders, which should also be used in Buccaneer, and should be implemented by fall before the temperatures drop, which wou_d severally limit the chlorine withdrawals. Mr. May explained they would basically be proposing to put in a facility that would handle the one ton cylinder which had 8 times the withdrawal rate of chlorine than the 150 lb. cylinders. Motion: Authorize Gee and Jenson, Engineers to prepare plans and Cook x x specifications for chlorine facility improvements at the Edwards x Buccaneer water and sewer system at a cost not to exceed Gulliford x x $5,500.00. Jensen x Howell x During discussion, Commissioner Jensen asked what impact, if any, would the Atlantic Utilities have. Mr. May responded if we picked up Atlantic Utilities or any other subdivision at this time it would provide a severe restriction on the chlorine facilities, but not on the distribution system. The question was called, and the motion carried unanimously. * * * * * * * * * * * .. * * * * * * * * * * * * * * * * * * PAGE THREE V V MINUTES NAME OF MAY 23, 1988 COMMRS. MSYN Appearances: B. George Bull, seeking preliminary plat approval for a Planned Unit Development to be called Sevilla Gardens Mr. Bull submitted an application for a Planned Unit Development in the remainder of the Sevilla compound having determining that financial feasibility of more condominiums was simply extinct. The proposed PUD was for a combination of detached single family home lots and zero lot line lots. He corrected the preliminary plat relative to the street name. It should be Sevilla Blvd. West and not Sevilla Gardens Blvd.West. Mr. Bull said the request for PUD was necessary because the zoning of the property was designated as multi-family under PUD many years ago, and was arbitrarily changed by the former City Manager. To the best of Mr. Bull's knowledge, the change was never up for public hearing. The present zoning for the land is Open Rural (OR) . Mr. Bull added there would be a Home Owners Association to organize the project, not a Condominium Corporation under Chapter 718. They will submit their Covenants and Restrictions to the Community Development Bd. Motion: Accept the application for PUD submitted by Mr. George Bull Cook x to be forwarded to the Community Development Board for their Edwards x x consideration and recommendations. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * ;: * * * * * * * * * * * * 4. Action by the City Commission to accept for maintenance the water and sewer utilities in Cypress Cove, Unit V Mr. Fellows reported all necessary documents had been received relative to the water and sewer utilities Cypress Cove, Unit V, and he recommended acceptance. Motion: Accept for maintenance the water and sewer utilities in Cook x Cypress Cove, Unit V. in the Buccaneer Water and Sewer Edwards x x District. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Commissioner Robert Cook with a committee report and recommendations relative to an annual contract for landscape maintenance of City facilities Commissioner Cook reported the Committee met following the bid opening on May 19, 1988. Seven bids were received ranging in price from $12,852. to $33,150. Bid tabulation attached hereto and made a part thereof. After evaluation, the Committee recommended awarding the contract to the next to the lowest bidder, Green Frog, who had given excellent service for the past year. First Coast Landscaping, the low bidder provided no references and was unavailable to reach by phone. PAGE FOUR V V MINUTES NAME OF MAY 23, 1988 COMMRS. MSYN 5. Commissioner Cook's Committee Report - continued Motion: Award the contract for annual landscape maintenance of Cook x x City facilities to Green Frog Landscaping Company, as the Edwards x best bid, in the amount of $15,600.00. Gulliford x x Jensen x During discussion, Commissioner Gulliford inquired if there was a Howell x requirement in the bid specifications that bidders were to provide references. Mr. Fellows responded in the affirmative and reaffirmed the low bidder did not furnish references. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6.Action by the City Commission on recommendations for engineering services in connection with preparing of plans and specifications for a solid waste transfer station and evaluation of possible recycling facilities. Mr. Fellows reported the City Commission had authorized advertising under the Consultants Competitive Negotiations Act to acquire engineer- ing services and site evaluation studies for a solid waste transfer station. The project was properly advertised, and the announcement was mailed to eight engineering firms. Four replies have been received. Only one of the four, Gee & Jenson, was willing to undertake the project. The City Attorney was asked for an opinion on proper steps to follow, and Mr. Mullis advised if Gee & Jenson was the only firm interested, the city could award to Gee & Jenson or re-advertise, Mr. Fellows pointed out the Girvin Road landfill would be closing on December 1, 1988, and the city needed to move on the project as soon as possible. Motion: Authorize the City Manager to enter into an agreement Cook x with Gee & Jenson to undertake a feasibility study and Edwards x x preliminary engineering for a solid waste transfer station Gulliford x x at a cost not to exceed $15,000. When that cap is reached Jensen x Gee & Jenson will come back with approximate total costs. Howell x Following discussion before the vote, the question was called and the motion carried unanimously. Commissioner Gulliford to Chair the Committee. He will appoint individuals to serve with him. * * * * * * * * * * * * * * * * * * * * * * * * * ,. * * 7. Actions on Recommendations of the Community Development Board A. Receipt of recommendation on application for exception by Donald Braddock for automobile repair shop in a CG district at Mayport Road and West Plaza Mayor Howell acknowledged receipt of an application for exception and he set a Public Hearing for June 13, 1988. PAGE FIVE V V MINUTES NAME OF MAY 23, 1988 COMMRS. MSYN 7. Actions of Community Development Board - continued B. Action on application for exception by Kathleen Bushnell for a home occupation license to allow the use of her home for arranging trips for students and others by telephone at 140 12th St. Mayor Howell acknowledged receipt of an application for exception by Kathleen Bushnell for a home occupation. He set a Public Hearing for June 13, 1988. 8. Miscellaneous Mayor Howell told the Commission that Oceanside had submitted their final plat for approval. Mr. Fellows added the final plat could be approved and authorized for signatures, but he said, for the record, the city will not issue any building permits until all documentation was provided, and the public improvements were accepted by the city. Motion: Approve the final plat for Oceanside Subdivision, and Cook x x the necessary officials be authorized to sign on behalf Edwards x of the city. No building permits to be issued until all Gulliford x x documentation has been received, and the public improve- Jensen x ments accepted by the city. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * 9: * * * * * * * * * * * * * * * * * Mayor Howell announced there would be a meeting on June 9, 1988 at 2:00 p.m. in the Commission Chambers at City Hall with representatives of the Federal Emergency Management Agency relative to flood insurance. The public was cordially invited to attend. The Mayor advised the Public Hearing scheduled for June 20th on Section H may have to be re-scheduled for a later date due to the many changes in home owners. The City Manager, at Commissioner Cook's request, negotiated with Mr. Milam for the purchase of a small triangle of property between Seminole Rd. , 16th St. and Ocean Blvd. for use as a park. Also a plat at the intersection of Coquina and Dewees Avenue. Final asking price was $3,500.00. Motion: Authorize the purchase of property in North Atlantic Beach Cook x x for use as parks in the amount of $3,500.00. Edwards x Gulliford x x A detailed discussion was held on the asking price. Commissioner Jensen x Gulliford suggested offering $3,000. Another point made was the Howell x land could not be used for any purpose other than parks. Following discussion, the question was called and the motion failed with a three to two vote. Mayor Howell and Commissioners Gulliford and Jensen voted nay. PAGE SIX V V MINUTES NAME OF MAY 23, 1988 COMMRS. MSYN Miscellaneous - continued There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:13 p.m. Wi am S. Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk