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06-22-87 v AGENDA CITY OF ATLANTIC BEACH June 22, 1987 Call to Order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of June 8, 1987 2. Recognition of visitors 3. Bid Opening: A. Receipt of sealed bids for furnishing and delivering one equipment handling trailer 4. Action by the City Commission to accept for maintenance the public facilities improvements in the Beachside subdivision 5. Discussion by the City Commission on the advisability of authoriz- ing the drawing of an Ordinance to close and vacate a city right-of-way across Lot 725 and a part of Lot 736, Saltair subdivi- sion, reserving onto the City a perpetual easement for utilities over, under, and across said right-of-way 6. Action by the City Commission to authorize extension of water services to eleven residences on Beach Avenue between Eighteenth and Nineteenth Streets, contingent upon the homeowners receiving the service paying for all costs involved 7. Committee Reports: A. Commissioner John Morris to report on committee deliberations relative to the off-street parking Ordinance 8. Action by the City Commission to acknowledge receipt of actions and recommendations of the Community Development Board 9. Action by the City Commission to authorize advertising under the Consultants' Competitive Negotiation Act for engineering services in connection with upgrading water mains in Royal Palms and Beach Avenue 10. Action on Resolutions: A. Resolution No. 87-22 Action by the City Commission to adopt a budget adjustment B. Resolution No. 87-21 Action by the City Commission to adopt a Resolution authoriz- ing the City Attorney to institute legal action to acquire beach access sites 11. Action on Exceptions: A. Public hearing on a request for a use by exception by Terry Parkerson for a home occupation at 510 Orchid Street in Section H for an asbestos sampling and consulting service B. Public hearing on an application for a use by exception by Terry McCue for retail sales of automobiles and boats at 600 Mayport Road in a Commercial General area 12. Action by the City Commission on a request from Terry McCue to place a temporary office trailer on property at 600 Mayport Road during construction of an office building in accordance with Section 24-66, subparagraphs (1) and (2) of the City Code 13. Action on Ordinances: A. Ordinance No. 65-87-15 Public hearing and final reading of an Ordinance vacating an abandoning platted easements in Ocean Grove B. Ordinance No. 80-87-34 Public hearing and final reading of an Ordinance providing for master metered commercial accounts for water and sewer C. Ordinance No. 90-87-122 Public hearing and final reading of an Ordinance to provide motels as a permitted use in a Commercial General district D. Ordinance No. 90-87-121 Continued public hearing on an Ordinance clarifying required off-street parking and loading for conforming buildings and uses existing as of July 16, 1982 14. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON JUNE 22, 1987 AT 7:15 P.M. V V O O T T PRESENT: William S. Howell, Mayor-Commissioner 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 I O Y Richard C. Corbin, Acting City Attorney NAME OF ON EN Adelaide R. Tucker, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offerec by Commissioner Cook was followed by the pledge to the flag. 1.Approval of the Minutes of the Regular Meeting of June 6, 1987 Motion: Minutes of the Regular Meeting of June 6, 1987 be approved Cook x as written. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * :: * * * :. ;: se * * * * * * * * * s; * * * * * Howell x 2. Recognition of Visitors - None At Mayor Howell's request, and with no objection from the Commission, Item 10B was taken up next. 10.B. Resolution No. 87-21 Mayor Howell presented in full, in writing Resolution No. 87-21, a Resolution authorizing the City Attorney to condemn, for easements two parcels of land for proposed access to the beach at 17th and 20th streets. Mr. Edward Lane, Jr. , 1721 Beach Avenue spoke against the proposed access at 17th. He assured the Commission he was very much in favor of public access to the beaches and understood it was essential to balance the rights of the property owners against the rights of the public, however, he did not feel a walk of 500 feet south from 17th to reach the platter Dewees access would be so burdensome to the public that it justified the drastic remedy of condemnation. He felt it would be a burden on the prop- erty owners if the Resolution was passed to include 17th St. , as the public would be parking on his vacant lot west of Beach Ave. that he used for his family parking, and would also park on the adjoining neighbors property. There is no city parking available at 17th Street. Mr. Lane respectfully suggested the Commission eliminate 17th St. from the Reso- lution for the present time, with the idea of first getting more infor- mation on the affect of Dewees, and the parking problems. r. Donald Wolfson, 1725 Beach Avenue and Mrs. William Strom, 1719 Beach Avenue also objected to the proposed access at 17th Street. PAGE TWO V V MINUTES NAME OF JUNE 22, 1987 COMMRS. MSYN 10-B Resolution 87-21 continued • Motion: Passage of Resolution No. 87-21. Cook x Howell x Commissioner Gulliford expressed concern with the precedent the Com- mission would set on using condemnation to acquire beach access and said he would vote no again, as he had in the past. The comment was made it was possible to open every street end to the beach with the exception of 17th and 20th and 17th Street was open at one time. Mayor Howell commented 16th was open, but was very difficult to cross over. He offered historical background of 17th relative to how it was closed. 20th Street was a different situation as there was never an access to the public at 20th St. Mayor Howell advised the Commission of a Resolution he had just received from the Governor and the Cabinet of the State of Florida urging all cities to provide additional public access to the beaches. Following discussion, Commissioner Morris moved a substitute motion: Substitute Motion: Remove parcel two (2) from the Resolution. Cook x x Edwards x During discussion before the vote. , Mayor Howell said he would vote Gulliford x o on the motion, as he thought the city should be in a position to Morris x x wove with condemnation if necessary. The question was called and the Howell x motion carried with a three to two vote. Mayor Howell and Commissioner Edwards voted nay. * * * * * * * * * * * .. * * * * * * * * * * * * * * * * * * The question was then called on the motion for passage of Resolution Cook x No. 87-21 that pertained only to parcel one (1) (20th St.) . Edwards x Gulliford x Morris x The motion carried with a four to one vote. Commissioner Gulliford Howell x voted nay. * * * * * * * * * * * * * * * ,. * * * * * * * ;: * * * * * * 3. Bid Opening: Receipt of sealed bids for furnishing and delivering one equipment handling trailer The following bids were received and opened: 1. Bame Trailers, Sudbury, N.C. $4,600.00 Mayor Howell read exceptions attached to the bid. 2. Crosby Manufacturing of Starke $5,904.00 3. Nichols Truck Bodies of Jacksonville $5,366.00 . Tiger Line, Minster, Ohio $7,482.00 Bid tabulation attached hereto and made a part hereof. PAGE THREE V V MINUTES NAME OF JUNE 22, 1987 COMMRS. M S Y N Bid Openings -bid openings-one equipment handling trailer-continued Motion: Refer to Committee for review with Commissioner Gulliford Cook x x to chair. If the Bame trailer is under specified, then Edwards x award the bid to the lowest bidder meeting the specifi- Gulliford x cations, which appeared to be Nichols Truck Body of Jax. Morris x x Howell x No discussion before the vote. Motion carried unanimously. Mayor Howell appointed Mr. Fellows and Mr. Braid to serve with Commissioner Gulliford on the Committee. * * * * * * * * * * * * * * * * * * * * * * * * ;; * * * * * * 4. Action by the City Commission to accept for maintenance the public facilities improvements in the Beachside subdivision The City Manager reported all necessary documents had been received. Motion: Accept the public facilities improvements in the Beachside Cook x Subdivision for maintenance. Edwards x x Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * ;: * * * * * * * * * * * * ,. * * * * Discussion by the City Commission on the advisability of authoriz- ing the drawing of an Ordinance to close and vacate a city right-of-wady across Lot 725 and a part of Lot 736, Saltair subdivision, reserving unto the city a perpetual easement for utilities over, under, and across said right-of-way. Mr. Fellows explained the property was located on Sturdivant Avenue at the western extreme of the Community Presbyterian Church property. He furnished a brief background of the right-of-way of lots 725 and 736. He felt it would be in the best interest of the city to vacate the right-of-way as the city had no use for it and the maintenance would be back in the hands of the church. Following discussion, the City Manager will research in detail and report back at the next meeting. * * * * .. * * * * * * * * * ;; * * * * * * 6. Action by the City Commission to authorize extension of water services to eleven residences on Beach Avenue between Eighteenth and Nineteenth Streets, contingent upon the homeowners receiving the service paying for all costs involved. Mr. Fellows reported he had six written commitments on hand. Their wells ,were running dry and due to the emergency, DER had agreed to issue a permit before the plans were prepared by just furnishing them a sketch. The extension of water services would be done by city orces. Commissioner Edwards suggested fire hydrants should be in- stalled also. Commission agreed two should be placed on the line. PAGE FOUR V V MINUTES NAME OF JUNE 22, 1987 COMMRS. M S Y N 6. Extension of water services - continued Motion: Authorize the City Manager to proceed with the project Cook x to extend water services to eleven residences on Beach Edwards x x Avenue between Eighteenth and Nineteenth Sts. with the Gulliford x understanding the homeowners receiving the service would Morris x x pay for all costs involved. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Committee Reports: A. Commissioner John Morris to report on committee deliberations relative to the off-street parking Ordinance Commissioner Morris reported the Committee met on Thursday, June 11th at 9:00 a.m. in the City Hall to determine if the city needed to control the uses of off-street parking. There was a general consensus of the Committee the city did need to have some control on the uses. They suggested the Ordinance be redrafted to add the words "having to do with use". They went further in their suggestions and liberalized the off- street parking to approximately 50% for several of the uses, i.e. for .estaurants where it was required to have one parking space for two seats, the Committee recommended one parking space for four seats, etc . 8. Action by the City Commission to acknowledge receipt of actions anc recommendations of the Community Development Board The Mayor acknowledged receipt of the report from the Community Develop- ment Board. 9. Action by the City Commission to authorize advertising under the Consultants' Competitive Negotiation Act for engineering services in connection with upgrading water mains in Royal Palms and Beach Avenue Discussion was held on the engineering services in connection with upgrading water mains in Royal Palms and Beach Avenue. No action taker.. 10. Action on Resolutions: A. Resolution No. 87-22 Mayor Howell presented in full, in writing Resolution NO. 87-22, a Resolution transferring certain monies between funds to provide budget for the City Clerk's annual salary increase. Motion: Passage of Resolution No. 87-22. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x PAGE FIVE V V MINUTES NAME OF JUNE 22, 1987 COMMRS. MSYN 10. Action on Resolutions - continued B. Resolution No. 87-21 - item taken up earlier in the meeting. 11. Action on Exceptions: A. Public Hearing on a request for a Use by Exception by Terry Parkerson for a home occupation at 510 Orchid St. in Sec. H for an asbestos samp- ling and consulting service. Mayor Howell stated the Community Development Board had recommended approval of the request. He opened the floor for a Public Hearing and invited comments from the audience. Mr. Parkerson explained he would only be using the office at his home for telephone service and clerical work. Inspections of public buildings and churches that carry old type ceilings would be made for samples to take to a laboratory to determine if it was asbestos and should be removed. As no one spoke for or against, the Mayor declared the Public Hearing closed. • Motion: Approve the request for a Use by Exception by Terry Cook x x Parkerson for a home occupation at 510 Orchid St. , Sec. H Edwards x x for an asbestos sampling and consulting service. Gulliford x Morris x discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * ;; * * * * * * * * * * * * B. Public Hearing on an application for a Use by Exception by Terry McCue for a retail sales of automobiles and boats at 600 Mayport Rd. in a Commercial General area. Mayor Howell announced a typographical error of the address. The correct address was 660 Mayport Road, not 600 Mayport Road. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Approve the request for a Use by Exception by Terry McCue Cook x for retail sales of automobiles and boats at 660 Mayport Edwards x x Road in a Commercial General area. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12.Action by the City Commission on a request from Terry McCue to place a temporary office trailer on property at 600 Mayport Road during construction of an office building in accordance with Section 24-66, subparagraphs (1) and (2) of the City Code. The correct address was 660 Mayport Road, not 600 Mayport Road. Mr.McCue tated he planned to work out of the trailer during construction of his Aiding and the trailer would be removed within six (6) months. PAGE SIX V V MINUTES NAME OF JUNE 22, 1987 COMMRS. MSYN 12. Terry McQue request for temporary office trailer - continued Motion: Approve the request by Terry McCue to place a temporary Cook x office trailer on property at 660 Mayport Rd for a period Edwards x x of not more than six (6) months during construction of his Gulliford x x office building. Morris x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 13. Action on Ordinances A. Ordinance No. 65-87-15 - Public Hearing and Final 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 in full, in writing Ordinance No. 65-87-15 on second and final reading. Said Ordinance was posted in line with charter requirements. He opened the floor for a Public Hearing and nvited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance NO. 65-87-15 on second and final Cook x reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * ,. * * * * * * * * * * * * * * * Howell x B. Ordinance No. 80-87-34 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-166, SUBPARAGRAPH (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 second and final reading. Said Ordinance was posted in line with Charter requirements. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 80-87-34 on second and final Cook x reading. Edwards x x Gulliford x x o discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * Howell PAGE SEVEN V V MINUTES NAME OF JUNE 22, 1987 COMMRS. M S Y N Action on Ordinances - continued C. Ordinance No. 90-87-122, Public Hearing and Final 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 Ordinance No. 90-87-122 in full, in writing on second and final reading. Said Ordinance was posted in line with Charter requirements. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-87-122 on second and final Edwards x reading. Cook x Commissioner Morris questioned the need to amend the Ordinance as motels were presently allowed as a Use by Exception, with no problems to date. The City Manager said discussion was held at a prior meeting relative to the fact motels were a permitted use in the old Code but were changed to a Use by Exception. At Commissioner Morris's request, the City Clerk furnished a copy of the old Code listing Hotels and otels under Business "A" as a permitted use. A lengthy discussion was held relative to the Commission having the right of review on the location of motels. Cook x The question was called and the motion failed to pass with a three Edwards x to two vote. Commissioners Edwards, Gulliford, and Morris voted nay. Gulliford x Morris x * * * * * * * * * * * * * * * * * * * * x * * * * * * * * * * * Howell x D. Continued Discussion on Ordinance No. 90-87-121 clarifying required off-street parking and loading for conforming buildings and uses exist- ing as of July 16, 1982. Committee report on parking was presented under Agenda Item 7. Commissioner Morris offered his amendments with re-drafted Ordinance No. 90-87-121: Sec. 24-161 (a) (1) last line, after area, add "or any expansion or change of the uses therein."; (a) (2) 2nd line after the word "enlarge", add "or the use of the building is enlarged or changed, then, and in that event, off-street parking and/or off-street loading as specified in this section shall be provided. The re-draft also liberalized the parking space requirements on pages 2 and 3 due to the growth of the neighborhood. Commissioner Gulliford questioned if the suggested amendments were significantly enough different from the proposed Ordinance that it would be inappropriate to allow the Ordinance to be amended and take action that night. The Mayor replied if the amended Ordinance was itroduced as a substitute Ordinance, it would have to go to Public =_aring. Motion: Passage of Substitute Ordinance No. 90-87-121 on first Morris x reading. Gulliford x PAGE EIGHT V V MINUTES NAME OF JUNE 22, 1987 COMMRS. M S Y N Action on Ordinances - continued Pros and Cons for the necessity of liberalizing parking spaces was discussed at length, and if passed, would the city be meeting their obligation to businesses that do conform to what had already been established. Commissioner Morris said if the Commission threw out the off-street parking requirements, which was a control, they would have a Board Walk on Atlantic Blvd. The question was called and the motion failed with a vote of three Cook x to two. Commissioners Cook and Edwards and Mayor Howell voted nay. Edwards x Gulliford x Morris x * * * * * * * ;: * * * * * * * * * * * * * * * ,. * * * * * * Howell x The question was called on the motion for passage of the original Ordinance on second and final reading that was moved by Commissioner Edwards and seconded by Commissioner Gulliford on June 8, 1987. The Cook x, motion failed with five nays. All five Commissioners voted nay. Edwards x Gulliford x Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous k.ommissioner Gulliford asked about a request he had from Lance Miller relative to a mosquito control ditch. The Mayor said he was handling the problem. Commissioner Gulliford asked if the city had any responsibility on supervising the Kredell project in North Atlantic Beach. Mayor Howell replied the court ruled that the only area in which the City of Atlantic Beach had responsibility was in the mechanical area. (plumbing and elec- trical) . The City of Jacksonville had all the inspection authority on the building. The building was already under construction by the time the court decision came down. When asked, Mr. Ford said he did not interfere with Jacksonville's authority. Commissioner Gulliford asked the City Manager if they could ask the City of Jacksonville to give them a report as to what and when the inspections were made. Mr. Fellows will ask for the report. Commissioner Edwards reported again on the junk cars in the Royal Palirs area. He asked for help from the employees who drive the Royal Palms route every day to report to City Hall when they see junk cars in the right-of-ways. Mayor Howell asked Lt. Garvin to take immediate action on any junk cars found on right-of-ways. The City Manager will check on thq various methods of removing any junk cars from private property and report back at the next meeting. ,ommissioner Morris asked Mr. Fellows if any action had been taken on he letter received from Collier Summers. Mr. Fellows said he and Chief Thompson had discussed the problem and determined most people were park- ing on the right-of-ways instead of their driveways. He had written tc Mrs.Meshaw relative to his meeting with the Police Chief. PAGE NINE V V MINUTES NAME OF JUNE 22, 1987 COMMRS. MSYN Miscellaneous - continued The neighbors had requested the street be made one-way with speed bumps, but Mr. Fellows asked that no action be taken until Chief Thompson re- turned to the city and a thorough research was made. He will report ba:k at the next meeting with a full recommendation. Mr. Fellows reported receipt of a request from Gloria A. Rubio to sell hot dogs, soft drinks and fresh fruit from a vending cart on the beach within one to two blocks north of the Atlantic Blvd. beach access, initially on the weekends. The City Manager was instructed to notify Ms. Rubio the City of Atlantic Beach Code of Ordinances did not allow food or drinks on the beach, or the sale thereof. Mr. Fellows commended B.J.Lester on the complimentary letters he had received relative to her work of patroling the beach for dogs. She has done an outstanding job, not only in protecting the animals, but also has treated the residents in a professional and friendly manner. As the appraisals on the city property and the Selva Linkside property had been received, Mayor Howell appointed Commissioner Gulliford and Mt. Fellows to serve on a Committee to meet with the owners of Selva Linkside o determine what parcels of land would be swapped. They will report back at the next regular meeting. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 9:15 p.m. Wil 'i.m S. owell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk