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05-12-86 v AGENDA CITY OF ATLANTIC BEACH May 12, 1986 Call to Order Invocation and Pledge to the flag 1. Approval of the minutes of the regular meeting of April 28, 1986, and special called meeting of May 5, 1986 2. Recognition of visitors 3. Receipt of bids for communications equipment for the Atlantic Beach Police Department 4. Action by the City Commission to approve extending the length and width of the fire bays in the proposed new public safety building and providing additional space in the squad room and booking area 5. Commissioner Edwards with a report on the evaluation of bids received for Part 4 of the sewer project - rehabilitation of the existing sewer plant, and action by the Commission to award a contract contingent on approval of the DER and EPA 6. Discussion by the City Commission regarding the feasibility and desirability of authorizing a change in the configuration of a new pumping station under construction at the intersection of Selva Marina Drive and Saturiba 7. Action on exceptions: 1. Public Hearing on an application for an exception by Fred Mills for various types of business in a CG complex on Mayport Road 2. Public Hearing on an application for an exception by Charles Crum for the purpose of on-premise consumption of beer, liquor and wine at the Scuttlebutt Tavern on Mayport Road 3. Public Hearing on an application for an exception by Edith Kahoe for an automotive service garage on Atlantic Boulevard 8. Action on Ordinances: A. Introduction of an Ordinance amending the Ordinance Code of the City of Atlantic Beach to provide fines for illegal parking in handicapped spaces, and setting of a public hearing for May 26. B. Introduction of an Ordinance amending the Ordinance code of the City of Atlantic Beach to provide different requirements for bid bonds and setting a public hearing for May 26, 1986 C. Introduction of an Ordinance amending the Ordinance Code to provide for regulation of burglar and robbery alarms and setting a public hearing for May 26, 1986. 6i/, 44./Lt4-e)-v D. Introduction of an Ordinance amending the comprehensive zoning Ordinance of the City of Atlantic Beach; providing for a permitted use for florist shops; providing pest control services, lawn care services and similar uses as service establishments; providing for home occupations by exception in RS-1 districts where otherwise prohibited by covenants and restrictions; providing for mini-warehouses by exception in commercial general districts, and providing for motels by exception in commercial general districts, and referring to the Advisory Planning Board for recommendations D. Public Hearing and Final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach, Florida, to provide for the paying of franchise fees by the Jacksonville Electric Authority on a more timely basis 9. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V COMMISSION HELD AT CITY HALL ON MAY 12, 1986 AT 7: 15 P.M. V V0 V 0 PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D William I. Gulliford, Jr. John W. Morris, Jr. , Commissioners M S AND: Richard C. Fellows, City Manager O 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 Minutes of the Meeting of April 28, and May 5, 1986 Motion: The minutes of the meeting of April 28, 1986 be approved Edwards x as submitted. Gulliford x Commissioner Cook corrected his vote under item 6. , the purchase of micro-computers. The minutes reflected his vote as aye. He actually voted nay. The motion carried with a three to two vote. Amended Motion: The minutes of the meeting of April 28, 1986 be Cook x approved as corrected. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * ;; ;: * * * ;: * * * * * * Howell x Motion: Adopt the minutes of the Special Called Meeting of May 5, Cook x 1986 as submitted. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * ;t * * * * * * * * x * * * * * * * * * * * Howell x Recognition of visitors Mrs. Ruth Gregg, 905 Sailfish Drive told the Commission there seemed to be a problem at the west end of Sailfish and Plaza. Three weeks ago, the resident moved two trailers on his property, half on city property. He was told to move the large trailers off city property, which he did. Within the last few days he had moved three small trailers on the pro- perty. The City Manager advised he had also noticed the trailers and would have someone check on it immediately. Mr. Roosevelt Cooper, representing the Church of Living God, had appea4^- ed at the meeting of April 14, 1986 to ask for help on water standing on property at their church and in dry weather it was all sand. He told tCie ommission the City Manager had advised him the property in question was wned by the Church and not the city. Mayor Howell said the only help :he city could offer would be to install traffic signs. The city could not work on private property. The City Manager will call Mr. Cooper in the near future. PAGE TWO V V MINUTES NAME OF MAY 12, 1986 COMMRS. MSYN 3. Receipt of bids for communications equipment for the Atlantic Beach Police Department The following bids were received and opened: 1. General Electric Co. , Tallahassee $25,860.00 Bid Bond-Federal Insurance Co. 2. Motorola Communications, Jacksonville No bid Bid tabulation is attached hereto and made a part hereof. * * * * * ;: * * * * ;; * * * * * * * * * * * * * * ,. * Motion: Refer bid to Committee. Edwards x Gulliford x During discussion before the vote, Commissioner Gulliford asked the City Manager if the Committee had met with representatives from General Electric and Motorola, and if so, could both bidders meet the specifi- cations. Mr. Fellows responded in the affirmative, and said Motorola left with a question as to whether they would bid as they had already bid the first time and divulged their price. Mr. Fellows added if it went to committee that would be the third time. He suggested perhaps :hey should negotiate for what they needed rather than go to bid again. Following discussion, Commissioner Gulliford offered a substitute motion: Substitute motion: Award the bid for communications equipment to Cook x General Electric Co. , Tallahassee, in the amount of $25,860. Edwards x x subject to their meeting specifications. Gulliford x x Morris x Following discussion, the question was called and the motion carried Howell x unanimously. .. * .. * * * * * * * * * * * * * * * * .. * * * 4. Action by the City Commission to approve extending the length and width of the fire bays in the proposed new public safety building and providing additional space in the squad room and booking area The City Manager reported the request for action followed the presenta- tion by Melody Linger at the Commission meeting of April 28, 1986. One of the suggestions made was to extend the length and width of the fire bays to provide sufficient length for two vehicles, one behind the other, and provide additional space in the squad room and booking area. Chief Royal asked the Commission to increase the bays to 60' to have adequate room for the men to maintain the vehicles. The City Manager suggested the Commission approve the 50' suggested by the architect and appoint a committee to study what was needed and come back at the next meeting. Commissioner Morris objected and agreed with the Fire Chief that more -'oom was needed. He questioned the hose drying tower and asked if that ias absolutely necessary. A lengthy discussion followed on the methods of drying hose and the cost involved in changes. PAGE THREE V V MINUTES NAME OF MAY 12, 1986 COMMRS. M S Y N 4. Action on Public Safety Building - continued Motion: Approve the suggestions by the Architect as presented and Cook x pursue to see what the cost would be. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 6. The suggestion was made to discuss the item before taking up other items. Discussion by the City Commission regarding the feasibility and desir- ability of authorizing a change in the configuration of a new pumping station under construction at the intersection of Selva Marina Drive and Saturiba. Commissioner Edwards reported they had met at 10:00 a.m. with the engineer, Mr. Robert Bates, and a delegation of homeowners from the Selva Marina area relative to the construction of a new pumping station in Selva Marina. Following discussion of the matter, they agreed a partially submerged station could be constructed that would be under five feet above ground at a cost between $20,000 and $22,000 more or less. The cost could be less by not having to stucco the building and of using a tile roof, etc. A removable roof would be used in order to lift it out to work on the pumps. The change will have to be approved by the Department of Environmental Regulations before any construction could be made. Mr. Bates planned to go to Tallahassee the next day if approved. Motion:Move to tentatively authorize the change of design for Edwards x the lift station in the Selva Marina area which will be a Gulliford x maximum of five feet above ground and instruct the Engineer to use all possible means to construct the lift station lower than five feet above ground, subject to acquiring approval by DER for the change of design. During discussion before the vote, several citizens voiced their con- cern, including Mrs. Pete Rodriguez, Mr. William McGee, Mrs. Burton, and Mr. Bill Skelton and asked that they be called the next morning to Cook x look over the plans before Mr. Bates left for Tallahassee. The City Edwards x Manager offered to call them when Mr. Bates arrived with the new Gulliford x design plans. Following a lengthy discussion with the home owners, Morris x the question was called and the motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Commissioner Gulliford asked if there were any other potential problems relative to lift stations that had not been constructed. Mr. Fellows replied in the negative, "E" station which was on Mr. Amber's property, gas OK; and "F" station was at Cavalla behind Publix shopping market rhich would give no problems. Mayor Howell said the lift station on Mayport Rd. was coming out just like all the rest. They had to be larger as much more equipment had to be installed and there had to be room to work and maintain the equipment. PAGE FOUR V V MINUTES NAME OF MAY 12, 1986 COMMRS. MSYN 5. Commissioner Edwards with a report on the evaluation of bids receivel for Part 4 of the sewer project - rehabilitation of the existing sewer plant, and action by the Commission to award a contract contingent on approval of the DER and EPA. Mr. Edwards reported the committee met on Friday morning, May 9, 1986 at City Hall to evaluate the bids received for rehabilitation of the existing sewer plant. A thorough evaluation of alternate equipment proposals submitted by the bidders was considered as well as a present worth evaluation of the base bid as opposed to the alternate base bid. The committee also discussed the possible alternative of building a new plant as opposed to rehabilitating the old plant. The apparent low bid of $997,000 could be financed with approximately $671,406. in remaining uncommitted bond and grant funds and $375,444.00 from the city's sewer trust fund set aside for capital improvements. With that in mind, the committee recommended a tentative award be made in the base bid of $997,000 to Meadors Construction Co of Jacksonville, for rehabilitation of the existing sewer plant, contingent upon DER and EPA approval. Motion: Move the passage of Resolution 86-6 making a tentative Cook x award or contract for modifications of the existing waste Edwards x x water treatment plant subject to the approval of the Gulliford x x Environmental Protection Agency and the Florida Depart- Morris x ment of Environmental Regulations, with the amount of Howell x $997,000 stipulated in the Resolution. No discussion before the vote. Motion carried unanimously. * ., * ., * * * * * * * * * * ;: * ;; * * * * * * * * * * * * 7. Action on Exceptions: A. Public Hearing on an application for an exception by Fred Mills for various types of businesses in a CG complex on Mayport Road Mayor Howell advised the application by Mr.Mills for a Use by Exception had been recommended for approval by the Advisory Planning Board. He declared the floor open 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 application for a Use by Exception by Fred Cook x Mills for various types of businesses in a CG complex on Gulliford x Mayport Road. During discussion, Commissioner Morris pointed out the Advisory Planning Board had recommended a stipulation there would be no alcoholic beverages in the complex. Mayor Howell said they were only approving the current )usinesses located there at the present time and there were no bars,etc. Located at Mr. Mills complex at the present time. In the future, the 1500' limitation would prohibit the sale of alcoholic beverages. Cabinet shops were discussed as to what type of business they were as they were not specifically listed as permissible uses. When the list was made up, PAGE FIVE V V MINUTES NAME OF MAY 12, 1986 COMMRS. MSYN Action on exceptions - Fred Mills continued cabinet shops were considered similar uses to lumber and building Cook x x supplies, home furnishings and furniture. The Commission agreed. Edwards x The question was called and the motion carried unanimously. Gulliford x x Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 7. 2. Public Hearing on an application for an exception by Charles Crum for the purpose of on-premise consumption of beer, liquor, and wine at the Scuttlebutt Tavern on Mayport Road. Mayor Howell advised the application by Charles Crum for a Use by Exception had been approved by the Advisory Planning Board. Mr. Crum had been operating for many years prior to the new zoning and was a permissible use by exception. The Mayor declared the floor open 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 Charles Cook x Crum for the purpose of on-premise consumption of beer, Edwards x x liquor, and wine at the Scuttlebutt Tavern, on Mayport Rd. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7.3. Public Hearing on an application for an exception by Edith Kahoe for an automotive service garage on Atlantic Boulevard. Mayor Howell advised Mr. & Mrs. Kahoe had been operating a garage on Atlantic Boulevard for many years. They were applying for a Use by exception due to the zoning change. He declared the floor open 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 Edith Kahoe Cook x for an automotive service garage on Atlantic Boulevard. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 8. Action on Ordinances A. Ordinance No. 75-86-5 First Reading. ORDINANCE NO. 75-86-5, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 21, ARTICLE II, IIVISION 2, SECTION 21-38 TO PROVIDE FINES FOR PERSONS PARKING IN HANDI- ,APPED PARKING AREAS; PROVIDING AN EFFECTIVE DATE. • PAGE SIX V V MINUTES NAME OF MAY 12, 1986 COMMRS. M S Y N 8. Action on Ordinances continued A. Mayor Howell presented in full, in writing Ordinance No. 75-86-5 in full, in writing on first reading. Motion: Passage of Ordinance No. 75-86-5 on first reading. Cook x x Edwards x x Gulliford x During discussion before the vote, Commissioner Morris asked about Morris x the possibility of including obstruction of a sidewalk, and Commis- Howell x sioner Gulliford stated that was already in an Ordinance on improper parking. Commissioner Cook suggested the Police Chief try to enforce improper parking. The question was called and the motion carried unanimously. Mayor Howell set the Public Hearing for May 27, 1986. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 5-86-16 - First Reading ORDINANCE NO. 5-86-15, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VII, DIVISION 2, SECTION 2-333 TO REQUIRE BID DEPOSITS OR BID BONDS ON ALL CONTRACTS WITH A DOLLAR AMOUNT IN EXCESS OF TWENTY-FIVE THOUSAND IOLLARS ($25,000.00) ; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance NO. 5-86-16 in full, in writing on first reading. Motion: Passage of Ordinance No. 5-86-16 on first reading. Edwards x Morris x During discussion before the vote, Commissioner Gulliford asked for an interpretation on whether or not the request for a bid on a com- modity or a piece of equipment like the police communications equip- ment would require a bid bond. Mr. Fellows said yes, he would have asked for a bid bond on the communications system. Commissioner Gulliford said the city would be very counterproductive by asking for bid bonds on commodities. He agreed bid bonds should be required on contracts involving construction but eliminate commodities. After discussion, the Commission agreed to instruct the City Attorney to amend the Ordinance before the Public Hearing with a definition as to what constitutes a public contract. The question was called and the Cook x motion carried unanimously. Edwards x x Mayor Howell set the Public Hearing for May 27, 1986. Gulliford x Morris x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Introduction of an Ordinance amending the Ordinance Code to provide for regulation of burglar and robbery alarms. 'he Ordinance was withdrawn by the City Manager. PAGE SEVEN V V MINUTES Names of MAY 12, 1986 Commrs. M S Y N - • Action on Ordinances - continued D. Ordinance No. 90-86-104 - First Reading ORDINANCE NO. 90-86-104, AN ORDINANCE AMENDING THE ORDINANCE CODE OF TFE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, SECTION 24-104, TO PROVIDE FOR HOME OCCUPATIONS AS A USE BY EXCEPTION EXCEPT WHERE OTHERWISE PROHIBITED BY COVENANTS AND RESTRICTIONS; AMENDING SECTION 24-111, SUB-PARAGRAPH (b) (1) TO PROVIDE FLORISTS INCLUDING SILKS AS A PERMITTED USE IN A COMMERCIAL GENERAL DISTRICT; AMENDING SECTION 24-111 SUBPARAGRAPH (b) (2) TO PROVIDE LAWN CARE SERVICE, PEST CONTROL COMPANIES AND SIMILAR USES AS PERMITTED USES UNDER SERVICE ESTABLISHMENTS; AMEND- ING CHAPTER 24-111 SUB-PARAGRAPH (c) (7) TO PROVIDE FOR THE USE OF MINI- WAREHOUSES BY EXCEPTION; AMENDING SECTION 24-111 SUBPARAGRAPH (c) (8) TO PROVIDE FOR MOTELS AS A USE BY EXCEPTION; PROVIDING AN EFFECTIVE DAM. Mayor Howell introduced Ordinance No. 90-86-104 in full, in writing on first reading. Motion: Passage of Ordinance No. 90-86-104 on first reading. Cook x Edwards x x No discussion before the vote. Motion carried unanimously. Mayor Gulliford x x owell set the Public Hearing for June 23, 1986. Morris x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x E. Ordinance No. 40-86-14 - Second Reading and Public Hearing AN ORDINANCE AMENDING ORDINANCE 40-74-7 WHICH GRANTED TO THE JACKSONVILLE ELECTRIC AUTHORITY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATED THERETO, IN ORDER TO PROVIDE FOR MONTHLY PAYMENTS OF FRANCHISE FEES, PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 40-86-14 on second and final reading. He declared the floor open for a Public Hearing and invited comments from the audience. As no one spoke for against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance NO. 40-86-14 on second and final Cook x reading. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;; Howell x Miscellaneous Business Mr. Cooper advised Headstart is ready to open at 35 Edgar St. and they were concerned about the heavy traffic at Mayport Road. He asked if it ould be possible to get a caution light. Mayor Howell told him the ity would make the request to the Department of Transportation, as Mayport Road was a state highway but not to look for the light soon. PAGE EIGHT V V MINUTES NAME OF MAY 12, 1986 COMMRS. M S Y N Miscellaneous Business - continued The City Manager reported they had a developer agreement between old Buccaneer Service Company and Pioneer Point. In the agreement, there was a provision that the agreement may be assigned by giving notice. Pioneer Point and MED Land Company were assigning their utility service agreement to George Bernard, Jr. , John Crawford, and Kelly Ferguson. Mr. Fellows said he was in receipt of the proper papers and it appeared the individuals had complied with the requirements of the agreement. No action was needed. Information only. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 9:05 p.m. // Willi. . Howell SEAL Mayor/Commissioner ATTEST: // C c. (.iG . /f k le Adelaide R. Tucker City Clerk