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06-08-87 v AGENDA CITY OF ATLANTIC BEACH June 8, 1987 Call to Order Invocation and Pledge to the Flag 1. Approval of the Minutes of the regular meeting of May 11, 1987 2. Recognition of visitors 3. Appearances: A. Susan Podzamsky regarding an easement for the furnishing of water and sewer service on Beach Avenue north of Twentieth Street B. Bob Martin of the Y.M.C.A. C. C.J. Wangerin representing the Sevilla Condominium Association relative to a water problem 4. Action of the City Commission to accept the water and sewer im- provements on Stock Street installed by the Keys/Harden Development Group 5. Action by the City Commission to accept the water and sewer im- provements in the Beachside subdivision 6. Action by the City Commission to acknowledge receipt of the Commu- nity Development Board actions and recommendations on the follow- ing: A. Request approval of a request for a home occupation by Terry Parkerson at 510 Orchid Street for an asbestos sampling and consulting service and setting of a public hearing for June 22, 1987 B. Action on an application recommending approval for a use by exception for retail sales of automobiles and boats by Terry McCue at 600 Mayport Road in a CG district, and setting a public hearing for June 22, 1987 C. Action by the City Commission on a recommendation to grant temporary relief from the septic tank moratorium in Section H to Mr. Terry McCue at 600 Mayport Road 7. Action on Resolutions: A. Introduction and adoption of Resolution No. 87-19 proclaiming Firefighters' Week June 1 - 7 8. Action on Ordinances: A. Introduction and First Reading of Ordinance No. 65-87-15 vacating and abandoning platted easements for utilities on property in Seminole Beach and setting of a public hearing for June 22, 1987 B. Introduction and First Reading of Ordinance No. 90-87-122 amending the Zoning Ordinance to correct an error so as to provide that motels are a permitted use in a CG district, and setting of a public hearing for June 22, 1987 C. Introduction and First Reading of Ordinance No. 80-87-34 amending the sewer use rates and charges Ordinance so as to include master-metered commercial units and to clarify that commercial includes restaurants, laundries, and car wash connections, and setting of a public hearing for June 22, 1987. D. Public Hearing and Final Reading of Ordinance No. 90-87-121 amending the Zoning Ordinance to clarify the required off-street parking provided under the zoning regulations. 9. Request for authority to transfer a portion of a Utility Service Agreement for Hawley Smith, Alden Road Ltd. Partnership 10. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON JUNE 8, 1987 AT 7:15 P.M. V V O O 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 John W. Morris, Jr. , Commissioners 0 E AND: Richard C. Fellows, City Manager T C Claude L. Mullis, City Attorney I O Y NAME OF ONEN Adelaide R. Tucker, City Clerk 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 May 11, 1987 Motion: Minutes of the regular meeting of May 11, 1987 be Cook x approved as written. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * ;: * * * * * * * * * * * * * * ;: * * * * * Howell x 2. Recognition of Visitors - None . Appearances: A. Susan Podzamsky regarding an easement for the furnishing of water and sewer service on Beach Avenue north of Twentieth Street Mrs. Podzamsky asked for a clarification on what the city wanted re- lative to easements on Beach Avenue north of Twentieth St. She was under the impression the street owners were only granting an easement to one property owner. Mayor Howell told her the move on the part of the city to commence condemnation if necessary was to be able to provide water and sewer service to all the property owners on the street. In lieu of condemnation procedures by the city, an easement was given to Mr. Mullis, the City Attorney by her attorney, Mr. Hines, for the purpose of providing water and sewer services to anyone that abuts/fronts on that street. Mr. Mullis told Mrs. Podzamsky if other problems developed later on, he would get in touch with her. B. Bob Martin of the Y.M.C.A. Mr. Martin expressed the Y.M.C.A. 's appreciation for the use of Russell Park for their summer day camp, which will start on Wednesday, June 10th, and the Camp Director presented the Commission with Y.M.C.A. T-shirts. The camp will last through August 21st and will take children from ages 5 to 13. Mayor Howell thanked them for coming and said everyone looked forward to the day camp being in Atlantic Beach. C.J.Wangerin representing the Sevilla Condominium Association re- lative to a water problem Item C. was dropped as Mr. Wangerin had withdrawn his request to be placed on the agenda. PAGE TWO V V . MINUTES NAME OF JUNE 8, 1987 COMMRS. MSYN 4. Action of the City Commission to accept the water and sewer improve- ments on Stock Street installed by the Keys/Harden Development Group Mr. Fellows advised he had received all the necessary documentation and recommended the City accept the improvements. Motion: Accept the water and sewer improvements on Stock Street Cook x installed by the Keys/Harden Development Group. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 5. Action by the City Commission to accept the water and sewer improve- ments mprovements in the Beachside subdivision Item 5 was dropped as the request to accept the water and sewer improve- ments was withdrawn. 6. Action by the City Commission to acknowledge receipt of the Community Development Board actions and recommendations on the following: A. Request approval of a request for a home occupation by Terry 40 Parkerson at 510 Orchid St. for an asbestos sampling and consultin service. The Community Development Board considered the request and recommended approval. Motion: Acknowledge receipt of the request by Terry Parkerson for Cook x a home occupation at 510 Orchid St. for an asbestos samp- Edwards x x ling and consulting service, and set a Public Hearing. Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Mayor Howell x Howell set the Public Hearing for June 22, 1987. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Action on an application recommending approval for a use by except- ion for retail sales of automobiles and boats by Terry McCue at 60C Mayport Road in a CG district The Community Development Board considered the request and recommended approval. Motion: Acknowledge receipt of the request by Terry McCue for Cook x retail sales of automobiles and boats at 600 Mayport Rd Edwards x x in a CG district. Gulliford x x Morris x o discussion before the vote. Motion carried unanimously. Mayor Howell x _�owell set the Public Hearing for June 22, 1987. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE THREE V V MINUTES NAME OF JUNE 8, 1987 COMMRS. MSYN Community Development Actions - continued C. Action by the City Commission a recommendation to grant temporary relief from the septic tank moratorium in Section H to Mr. Terry Mc:ue at 600 Mayport Road Mr. McCue told the Commission water and sewer were not available at that time for 600 Mayport Road and he requested permission to install a septic tank until city facilities were available. There will be two employees on the premises. Mr. McCue will agree in writing that upon availability, he will hook up to the city's facilities. Motion: Grant temporary relief from the septic tank moratorium in Cook x Section H to Mr. Terry McCue at 600 Mayport Road. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * ;e * * * * :; * * * * * * * * * * * * * * * * * * * ;; * * * Howell x 7. Action on Resolutions A. Resolution No. 87-19 Mayor Howell presented in full, in writing Resolution No. 87-19, a esolution proclaiming Firefighters' Week of June 1 - 7, 1987, and commending the city's firefighters for their efforts in behalf of the Muscular Dystropy Association. Motion: Adopt Resolution No. 87-19. Cook x x Edwards x Copy of said Resolution attached hereto and made a part thereof. Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x The firefighters were given a round of applause when Mayor Howell Howell x presented the Resolution to Chief Royal. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8, Action on Ordinances A. Ordinance No. 65-87-15 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH VACATING AND ABANDONING PLATTED EASEMENTS ON LOT 7 AND LOT 8 OF BLOCK 6, OCEAN GROVE UNIT 1 AS RECORDED IN PLAT BOOK 15 PAGE 82 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 65-87-15 in full, in writing on first reading. Motion: Passage of Ordinance No. 65-87-15 on first reading. Cook x Edwards x X Gulliford x x No discussion before the vote. Motion carried unanimously. Mayor Morris x Howell set the Public Hearing for June 22, 1987. Howell x * * * * * * * * * * * * :: * * * * * * * * k * * * ;4 * ;: * * * PAGE FOUR V V MINUTES NAME OF JUNE 8, 1987 COMMRS. MSYN Action on Ordinances - continued B. Ordinance No. 90-87-122 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, SECTION 24-111, SUBPARAGRAPH (b) (1) TO PROVIDE FOR MOTELS AS A PERMITTED USE; AMENDING SUBPARAGRAPH (c) (8) TO REMOVE MOTELS AS A USE BY EXCEPTION, PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-122 on first reading. Motion: Passage of Ordinance No. 90-87-122 on first reading. Cook x Edwards x During discussion before the vote, Commissioner Morris expressed the opinion when Commercial Zoning was re-done, motels were determined to be allowed as a Use by Exception, not a permitted use. Mr. Fellows stated he understood use of the area for motels as a Use by Exception was an error. The intent of the Committee was that it be a permitted use as it had been permitted previously. The subject was discussed several months ago, but an Ordinance had not been prepared until now. Cook x Following discussion on traffic impact, the question was called and Edwards x ~he motion carried unanimously. Mayor Howell set the Public Hearing Gulliford x or June 22, 1987. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Ordinance No. 80-87-34 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-166, SUBPARA- GRAPH (b) TO PROVIDE FOR MASTER METERED COMMERCIAL ACCOUNTS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 80-87-34 on first reading. Motion: Passage of Ordinance No. 80-87-34 on first reading. Cook x Edwards x x Gulliford x x The City Manager explained the Ordinance was prepared to enable the Morris x city to charge the state generation charge on master meters, i.e. Howell x the shopping center at the corner of Seminole Rd. and Atlantic Blvd. where there were four stores under one meter. It was not clear in the Ordinance how the state revenue generation charge and the meter charge was to be made. The question was asked what effect it would have, in the future, on impact fees. Mr. Fellows responded they charged the impact fees based on the number of units. He said the sewer Ordinance had a rather complicated structure of a base charge, volume charge, nd a charge of $5.50 per unit for the state revenue generation. The ay the Ordinance was written, the city could not levy the $5.50 against each unit. Passage of the above would permit the city to levy the charge. Those units were not being charged at the present time. The question was called and the motion carried unanimously. Mayor Howell set the Public Hearing for June 22, 1987. • PAGE FIVE V V MINUTES NAME OF JUNE 8, 1987 COMMRS. M S Y N Action on Ordinances - continued D. Ordinance No. 90-87-121 - Second Reading and Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-161, SUBPARAGRAPH (a) TO CLARIFY REQUIRED OFF-STREET PARKING AND LOADING REQUIREMENTS FOR CONFORMING BUILDINGS AND USES EXISTING AS OF JULY 26, 1982; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-121 on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and invited comments from the audience. A Lady in the audience, new to the area, asked for clarification, as the Ordinance was not clear. Mr. Mullis explained it was designed solely for the purpose of requiring off-street parking for non-conforming buildings wherein there was no increase in the area of property constructed. You should be required to have off-street parking if you increased the area of the property. On July 26, 1982 off-street parking requirements were set forth in the Ordinance that made some buildings non-conforming. The new Ordi- nance would correct the off-street requirements for commercial uses. As no one else spoke for or against the Ordinance, the Mayor declared he Public Hearing closed. Motion: Passage of Ordinance No. 90-87-121 on second and final Edwards x reading. Gulliford x Commissioner Morris objected as it would be more confusing to the public than the old Ordinance as written in the Code. Commissioner Gulliford agreed and said the Ordinance did not address the problems. Commissioner Morris suggested a Committee look at off-street require- ments for all uses and one simple relief would be to increase all by two (2) units. For restaurants, rather than four seats per parking space, give them six seats per parking space, etc. , and it should be done for all businesses, not just construction built prior to 1982. Mr. Mullis found no problem in increasing the number of seats per parking space, but expressed concern you would still have to make some differentiation between buildings that exist as of a certain date, than you would if you constructed a new restaurant on a 10 acre tract on Mayport Road. Following a lengthy discussion, Commissioner Gulliford moved for a Substitute Motion: Substitute motion: Defer passage of Ordinance No. 90-87-121 and Cook x request the Mayor appoint a Committee for further study Edwards x to come back with recommendations. Gulliford x x Morris x x ..o discussion before the vote. Motion carried unanimously. Mayor Howell x Howell appointed Commissioner Morris, the City Manager, Police Chief, and the Building Inspector to serve on the Committee. RESOLUTION NO. 87- 20 A RESOLUTION TRANSFERRING CERTAIN MONIES 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 time, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, that the attached Budget Adjustment No. 87-06 be approved for the 1986-1987 budget. Adopted by the City Commission June 8, 1987. c74" Willia S. owe 1, Mayor, Presiding Officer Approved as to Form and Correctness: ,' Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, City Clerk • CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NUMBER: 87-06 DATE: 06-08-87 FUND: General Fund-01 EXPENDITURE REVENUE ACCOUNT NO. ACCOUNT TITLE ADD DEDUCT ADD DEDUCT 01-510-6100 Land 122, 000 01-271-00 Prior Year Fund Balance 122, 000 TOTALS 122, 000 0 122, 000 0 EXPLANATION: To provide the budgetary authority for the purchase of land to be to be used for a sanitation transfer station. PREPARED BY : Harry E. Royal, Finance Director INITIATED BY : Richard C. Fellows, City Manager DATE:06-08-87 2OMMISSION ACTION REQUIRED: Yes DATE RECEIVED: 06-08-87 PAGE SIX V V MINUTES NAME OF JUNE 8, 1987 COMMRS. M S Y N 9. Request for authority to transfer a portion of a Utility Service Agreement for Hawley Smith, Alden Road Ltd. Partnership. Mr. Fellows reported Mr. Mullis had reviewed the request and said it was in order. Our utility service agreement provides if anyone wants to transfer a portion of ownership, they must have Commission approval. Motion: Grant authority to transfer a portion of a Utility Service Cook x Agreement for Hawley Smith, Alden Road Ltd. Partnership. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * % * Howell x Miscellaneous Mayor Howell presented in full, in writing Resolution No. 87-20, a Resolution transferring $122,000 to provide the budgetary authority for the purchase of land to be used for a sanitation transfer station located on Blks. 5, 6, 7, 8, and 9 Section H fronting Atlantic Blvd. On February 23, 1987, Resolution No. 87-8 was adopted authorizing the City Attorney to commence necessary proceedings to acquire the property through the use of eminent domain. Motion: Passage of Resolution No. 87-20. Cook x Edwards x Gulliford x x Mr. Mullis advised the city had title to the property as of June 2, Morris x x 1987 when Judge Oakley entered the order of taking. The city needed Howell x only to pay the money into the registry of the court in compliance with. There would be no additional fees as far as the property owners were concerned. He told the Commission that going through the registry of the court was the best way to handle the acquisition. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to Commissioner Cook's request at the last meeting for the City Attorney to investigate the possibility of opening accesses to the beach north of 16th Street, Mayor Howell advised the Commission they had discovered an existing 10' easement at Dewees Avenue that had never been opened. The City Manager had several discussions recently with the abutting property owners regarding the easement. The suggestion was made to instruct the City Manager to have plans designed for a walkway fenced on each side at Dewees similar to the walkways Oceanwalk Associates have constructed. Commission agreed. Discussion was held on an access at 20th St. There had never been an easement at 20th so it may have to be done by condemnation for an easement only, possibly 4 - 5 feet. The walkway would be constructed in an attractive manner and fenced on both sides. r. Mullis briefed the Commission on the history of 17th Street from 1948 o the present time. Mr.Mullis suggested the city authorize him to insti- tute eminent domain proceedings to acquire easements of egress and ingress from public roads to the Atlantic ocean at 17th and 20th Streets. PAGE SEVEN V V MINUTES NAME OF JUNE 8, 1987 COMMRS. MSYN Miscellaneous - continued Motion: Direct the City Attorney to come back with a Resolution Cook x at the next Commission meeting setting forth the various Edwards x conditions upon which the city could obtain beach access. Commissioner Gulliford asked if there was any precedent for that type of condemnation to gain access to the ocean. Mr. Mullis told him he could not conceive of it not being considered to be a public purpose. He was not aware of any legal action taken within the state. Following discussion, the question was called and the motion carried Cook x with a four to one vote. Commission Gulliford voted nay. Edwards x Gulliford x Morris x * * * * * * ;t ;: * * * ;t * * * * * * * * ;: * * * * * * * * * Howell x Commissioner Gulliford asked if the city had an Ordinance or written policy as to personal usage of city vehicles. Mr. Fellows replied in the affirmative, the policy was set forth under Personnel Rules and Regulations. Mr. Mullis told him the bottom line was that city property could not be used for personal use. There being no other business to come before the Commission, the Mayor eclared the meeting adjourned at 8:25 p.m. c:. •- // Wiliam S. Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk