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04-25-77 v CITY OF ATLANTIC BEACH, FLORIDA AGENDA April 25, 1977 Call to Order Invocation and Pledge to Flag 1. Approval of the minutes of April 11, 1977 Approval of the minutes of April 12, 1977 - Special Call 2. Recognition of Visitors 3. Correspondence A. Heath Whittle, Jr. - Sea Spray Service (mobile car wash business) 4. Report of City Manager 5. Unfinished Business A. Bid opening; Public Works - pickup trucks B. American National Bank - P.U.D. - Public Hearing C. Robert B. Dehgan, M.D. - P.U.D. 4-unit apartment Lot 8 EZ Lot 10, Block 2, Atlantic Beach 6. Report of Committees 7. Action on Resolutions 8. Action on Ordinances A. Ordinance 90-77-69 Tree Ordinance - Third & Final Reading - Public Hearing B. Ordinance 80-77-16 Sewer Connection Charge C. Ordinance 80-77-17 Water Supply Charge D. Chapter 18 Refuse, Garbage and Weeds Amendment - Commissioner Mhoon E. Chapter 4 Animal and Fowl Ordinance Amendment - Commissioner Mhoon 9. Miscellaneous Business A. George Bull re Selva Marina Units 10 and 11 10. Adjourn Copies to Planning Board Members MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON APRIL 25, 1977 AT 8: 00 P .M. V V PRESENT: William S . Howell, Mayor-Commissioner O O Robert B . Cook, Sr. T T Alan C. Jensen James E. Mhoon E D D D L W. Minton, Jr. , Commissioners AND: R. C. Vogel, City Manager M S Oliver C. Ball , City Attorney 0 E Adelaide R. Tucker, City Clerk T C I O Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Commissioner, Mr. Howell . The invocation was given by Commissioner Minton followed by the pledge to the flag. Approval of the minutes of April 11 , 1977 Cook x Motion: That the minutes of the Regular City Jensen x Commission Meeting of April 11 , 1977 Mhoon x x be approved as submitted. Minton x x * * * * * * * * * * * * * * * * * * * * * * * * Howell x Approval of the minutes of the Special Called Meeting of April 12 , 1977 Cook x Motion: That the minutes of the City Commission Jensen x Special Called Meeting of April 12 , 1977 Mhoon x x be approved as submitted. Minton x x * * * * * * * * * * * * * * * * * * * * * * * * Howell x Recognition of Visitors Mrs . Koenig, 780 Redfin Drive, inquired as to the possibility of having a traffic light installed at Seminole Rd. and Atlantic Blvd. Mayor Howell explained that Atlantic Blvd. is a state highway and the City Commission has no control over any state highway. Correspondence A. Heath Whittle, Jr. - Sea Spray Service - Mobile Car Wash Mr. Vogel stated he had received a request from Mr. Whittle for Commission approval to operate a mobile car wash business from his home, 1251 Selva Marina Circle . Mayor Howell stated the location was not zoned for business and question- ed Mr. Whittle as to his plans . The latter stated he planned to have a pickup truck with water tank to be stored in his garage at night, and perhaps hire two students to operate the business . Mr. George Bull, developer, stated this MINUTES PAGE TWO V V APRIL 25, 1977 Names of Commrs . MS YN Correspondence - continued - Whittle would be in violation of deed restrictions. There was a short discussion on what should be done and the Commission unanimously agreed that Mr. Whittle should con- fer with the City Attorney for an opinion. Commissioner Mhoon also suggested Mr. Whittle find a business locatior and use an answering service. B . Mr . Vogel presented a letter of request from Pic N' Save for a variance on two lots located immediately north of the store to construct a storage building. Mr. Vogel reminded the Commission the two lots were purchased with the express condition, that no buildings would be erect- ed on the 25 ' easement through the area in question. Mayor Howell stated this was zoned Residence A-1 and suggested that the request be denied. Cook x Motion: Request for variance be denied Jensen x x Mhoon x * * * * * * * * * * * * * * * * * * * * * Minton x x Howell x Unfinished Business A. Bid Opening; Public Works - Pickup Trucks The following bids were received and opened: 1 . Lynch Davidson - Ford $8, 157 . 96 With trade-in 100 .00 Net $8, 057 . 96 Delivery Date - within 45 days 2 . Lee Chevrolet 7 , 894 .00 Delivery Date - within 45 days Commissioner Mhoon suggested the bids go to committee Cook x for review. Jensen x Mhoon x x Motion: Bids go to committee for review Minton x x * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell appointed Commissioner Mhoon to chair the committee . B . American National Bank - P .U.D. - Public Hearing Mayor Howell requested the representative from the American National Bank to step forward. As no one was present, the Mayor asked Mr. Jensen, member of the Planning Board, to elucidate on the request. Mr. Jensen stated the land lies between the BAC pool and Fox Garden Apartments and has been divided into 54 lots . Access MINUTES PAGE THREE V V APRIL 25, 1977 Names of Commrs . MS YN Unfinished Business - continued - American National Bank entrances were planned at Aquatic Drive, Cutlass Drive, and Cavalla Road. The American National Bank has the understanding they will be required to pave to Atlantic Blvd. , including filling, culverts, etc. Commissioner Jensen stated that it was the Advisory Planning Board ' s opinion that the project was the best recommended use of the land. After a short discussion on the desirability of requiring more information on several unanswered questions, Mayor Howell suggested the request be passed over until the next meeting. Cook x Motion: Request be passed over until the Jensen x next regular meeting on May 9, 1977 Mhoon x x Minton x x * * * * * * * * * * * * * * * * * * * * * * * Howell x C . Robert B . Dehgan, M.D. - P .U.D. - 4 Unit Apartment Mr. Vogel stated he had received a call from Dr. Dehgan who stated he would be unavailable due to an emergency, and that his contractor could not be reached. After a short discussion, the following motion was made: Cook x x Motion: Request for a 4 Unit Apartment Buildin Jensen x under P .U.D. be passed over until the Mhoon x next regular meeting of May 9, 1977 . Minton x x * * * * * * * * * * * * * * * * * * * * * * * Howell x Action On Ordinances A. Ordinance 90-77-69 - Tree Ordinance AN ORDINANCE REGULATING THE PLANTING, REMOVAL, AND MAINTENANCE OF TREES ON PUBLIC PROPERTY AND PRIVATE PROPERTY; PERMITS FOR PLANTING, PRESER- VATION AND REMOVAL IN PUBLIC PLACES ; PLACING DUTIES ON OWNERS OF PRIVATE PROPERTY IN ORDER TO PROTECT GROWTH IN PUBLIC PLACES ; PROVIDE FOR ABATEMENT OF HAZARDOUS CONDITIONS ; AND PROVIDING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS . Said Ordinance was presented in full, in writing, and rear on third and final reading by Mayor Howell . This Ordinance was posted in line with charter requirements . Mayor Howell then declared the meeting in session for a public hearinc . Mr . George Bull objected to the condition which requires a permit to remove trees having a circumference in excess of 12 " , three feet above the ground. Mayor Howell ex- plained the Commission does not wish to cause any hard- ships on anyone and felt Mr. Bull would not have any real MINUTES PAGE FOUR V V APRIL 25, 19i71ames of Commr s . MS YN st Action On Ordinances - Continued - 90-77-69 problems in any development. After a short discussion, Mayor Howell declared the Public Hearing closed. Cook x x Motion: Said Ordinance be passed on third and Jensen x final reading Mhoon x x Minton x * * * * * * * * * * * * * * * * * * * * * * Howell x B . Ordinance 80-77-16 Sewer Connection Charge AN ORDINANCE, AMENDING, ADDING TO AND REPEALING Cook x PARTS THERETO OF CHAPTER 19, C DE OF THE CITY Jensen x x OF ATLANTIC BEACH, FLORIDA, ENTITLED "SEWERS Mhoon x x AND SEWAGE DISPOSAL" ; ESTABLISHING RESIDENTIAL Minton x AND COMMERCIAL SEWER AND SEWER DISPOSAL CONNECT]ON Howell x CHARGES ; PROVIDING FOR THE INVESTMENT OF FUNDS ; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . Said Ordinance was presented in full , in writing, read on 1st reading by Mayor Howell . Motion: Said Ordinance be passed on first reading, by title only. * * * * * * * * * * * * * * * * * * * * * * C. Ordinance 80-77-17 - Water Supply Charge AN ORDINANCE, AMENDING CHAPTER 27 , CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED WATER SUPPLY; ESTABLISHING RESIDENTIAL AND COMMERCIAL WATER SUPPLY CHARGES ; PROVIDING FOR THE INVESTMENT OF FUNDS ; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read by title only, on first reading by Mayor Howell . Cook x Motion: Said Ordinance be passed on first Jensen x x reading, by title only. Mhoon x x * * * * * * * * * * * * * * * * * * * * * * * Minton x Howell x D. Chapter 18 Refuse, Garbage and Weeds Amendment Commissioner Mhoon requested the amendment be passed over until the next meeting. E . Chapter 4 Animal and Fowl Ordinance Amendment Commissioner Mhoon requested the amendment be passed over until the next meeting. 9. Miscellaneous Business George Bull re Selva Marina Units 10 and 11 MINUTES PAGE FIVE V V APRIL 25, 1977 Names of Commrs. MS YN Miscellaneous Business - continued - George Bull Mr. George Bull presented plot plans and proposed restrictions covering Selva Marina Units 10 and 11 located North of Saturiba Drive . Mr. Bull stated that, inasmuch as he did not intend to make a public dedication of the streets in the future units of Selva Marina, he does not intend to meet the paving requirements of the City of Atlantic Beach as far as grades and drains are concerned in order to conserve the growth of trees . He also stated he has every confidence that the building official will recognize the practicality of the latter. Mayor Howell stated he felt certain that the building official would work with Mr. Bull on any reasonable plan. Mr. Bull also pointed out a small commercial tract was planned as he felt that in the future a convenience store should be built in view of the area ' s isolation. Cook x x Motion: Mr. George Bull be referred to the Jensen x Advisory Planning Board for their Mhoon x perusal and report back. Public Hearing Minton x x to be held on the plans and recommendations Howell x of the Planning Board on May 23, 1977 . * * * * * * * * * * * * * * * * * * * * * * * There being no further business, Mayor Howell declared the meeting adjourned. ././d //.., e7/7/4 W P1'i. Howell (SEAL) Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk