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07-26-93 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JULY 26, 1993, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 12, 1993 2. Presentation: A. Presentation of petition and request for resolution concerning topic of proposed Ocean County (Robert Weiss) 3. Recognition of Visitors: 4. Resolution: A. Resolution #93-27 recognizing the Solid Waste Committee and their work with Recyclerama 5. Old Business: A. Discussion and related action to consider the request of Thomas Dorn to waive a provision concerning the distance of 1500' between businesses selling alcoholic beverages (City Planner George Worley) B. Approve bid #9293-22 Water main improvements for Coquina Place and East Coast Drive ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6. Consent Agenda: A. Water and Sewer Committee report 7. Ordinances: A. Second reading and public hearing of Ordinance #70-93-11 relative to hawkers B. Second reading and public hearing of Ordinance #90-93-160 relative to rezoning of Pan Am Mini Storage C. Introduction and first reading of an Ordinance relative to procedure for relief of code provision D. Introduction and first reading of an Ordinance relative to adoption of a new City Charter 8. New Business: A. Public hearing for application for Use by Exception filed by Donald Ray to operate a retail outlet for the sale of motorcycle parts (George Worley, City Planner) B. Approval of final pay estimate, and final contract documents for Atlantic Beach Water Treatment Plants 1 & 2 Improvements (Bob Kosoy, PW Director) 9. City Manager Reports and/or Correspondence: A. Report on the number of children participating in Y.M.C.A. activities (Rose Blanchard, P&R Director) C. Report on Citizen Survey (Police Chief David Thompson) 10. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report relative to request to waive impact fees for Courtyards of Mayport (City Attorney Alan Jensen) Adjournment REMINDER: Executive Session, 5:30 pm, Conference Room (Collective Bargaining) and Budget Briefing, 6:30 pm, Commission Chambers MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL , 800 SEMINOLE V V ROAD , AT 7 : 15 P . M . ON MONDAY , JULY 26 , 1993 O 0 T T PRESENT : William I . Gulliford , Jr . , Mayor E E Glenn A. Edwards D D Lyman T . Fletcher Adelaide R . Tucker and J . Dezmond Waters , III , Commissioners M S O E AND : Kim D . Leinbach , City Manager T C Alan C . Jensen , City Attorney I 0 Y Maureen King , City Clerk NAME OF ONEN COMMRS. N D S 0 - -r , = c,0 1 mt4 I (1 mr-' r- hint' r __ Gu i l i tor•d . The invocation , offered by Commissioner. Fletcher , was followed by the pledge to the flag . 1 . Approval of the minutes of the regular meeting of July 12 , 1993 Maureen King , City Clerk , pointed out a discrepancy in the minutes of July 12 , 1993 relative to Bid #9293-22 , Water main improvements for' Coquina Place and East Coast Drive . The minutes should have been recorded to indicate water lines would be constructed on Coral Street , DeWees Avenue , and a portion of East Coast Drive , Ocean Grove Drive , and Ocean Boulevard . Edwards x x Motion : Approve minutes of the Fletcher x regular meeting of July 12 , 1993 , as Tucker x amended , to reflect water lines would waters x x be constructed on '_oral Street , Gulliford x OeWees Avenue , and a portion of East Coast Drive , Ocean Grove Drive , and Ocean Boulevard , Bid #9293 -22 No discussion b - Forµ the vote . The motion carried unanimously . 2 . Presentation: A. A presentation of petition and request for resolution concerning topic of proposed Ocean County Bob Weiss , 253 Seminole Road , presented a petition requesting that the question of creating Ocean County he placed on the October ballot . Mayor Gulliford indicated it would be proper to place the question in ordinance form. Page 2 July 26 , 1993 V V NAME OF COMMRS. MSYN Motion : lir.c^t ct:=,ff to prepares an ordinance placing the question of Edwards x establishing Ocean County on the Fletcher x October ballot Tucker x x Waters x x A arse,tion arose concerning whetherthe question Gulliford x would be binding , to which it was explained this would not he a binding referendum. The question was called and the motion carried unanimously . Mayor Gulliford announced an ordinance would be Placed on the agenda for first reading on August 9 , 1993 , 3 . Recognition of Visitors : Beth Robertson , 308 Ocean Boulevard , announced rehearsals for the children ' s play "Alice in wonderland" were being held , and four free daytime performances would be held . Peter Besruitschko indicated his desire to do his own plumping work at his home located at 365 Ahern '=;rrr-,e,t , He explained he would like the opportunity To pass a plumber ' s test , fix his plumbing , and have the work pass the city ' s inspection . It was explained city ordinances allowed only licensed master plumbers to do repairs . State Statutes allowed a homeowner to do work in his own home provided he lived in the home . Mr . Besrutschko was the owner of the home at 365 Ahern Street but he used the home for rental purposes . Don Ford , Building Inspector , explained the City of Jacksonville Beach had a program wherein they allowed a homeowner who passed a test given by a company who administered tests for various trades to do work on his own property . Mr . Ford was asked to investigate this program and report back to the Commission at the meeting of August 9 , 1993 . Mrs . Irene Drayton , Donner Road , asked if funds would be budgeted for the installation of sidewalks on rio nnes r i c-,,-ad , Edwards x x Motion : Establish the construction Fletcher x of sidewalks on Donner Road and Tucker x y Francis street to he a priority item waters x x for 1992/93 fiscal yearbudget , Gulliford x subject to right-of-way availability No discussion before the vote . the motion carried unani nousl y . Page 3 V V July 26 , 1993 NAME OF COMMRS. MSYN Bob Cook , 14ry5 Fast Coast Drive felt the construction of sidewalks on Donner Road and ranci sStreet had been promised some years ago, and he urged the Commission to proceed with construction in the upcoming year . Heinquired concerning the construction of sidewalks on a two block portion of East Coast Drive and Bob Kosoy explained this matter would be addressed later in The agenda under Item 5B . A. Resolution #93-27 : A RESOLUTION OF THE CITY OF ATLANTIC BEACH COMMENDING THE CHAIRMAN AND MEMBERS OF THE SOLID WASTE COMMITTEE FOR DOING AN OUTSTANDING JOB IN STAGING THIS YEAR ' S RECYCLERAMA. 4 Mayor Gulliford presented in full , in writing , Resolution #93 -27 . Edwards x x Fletcher x Motion : Approve passage of Tucker x x Resolution #93 -27 Waters x Gulliford x The Mayor thanked everyone who was involved in the recyclerama , and for the hard work they performed relative to the City ' s recycling program. 5 . Old Business : A. Discussion and related action to consider the request of Thomas Dorn to waive a provision concerning the distance of 1500 ' between businesses selling alcoholic beverages Mayor Gulliford explained this was a request to open a retail wine shop at 645 Atlantic Boulevard . Under city law the proposed business would be too close (within 1 , 500 feet) to another establishment that sold alcoholic beverages . City Attorney Alan .Jensen explained presently there was no provision in the existing code to waive 150 seat r'equir'ement or 1 , 500 foot requirement . He added Item 7C which would be addressed later on the agenda , would allow one to seek a variance . He indicated other establishments existed wherein a similar variance had been granted in the past . Commissioner Fletcher felt ordinances existed for a reason and should be adhered to. George Worley , City Planner , explained the proposed business would be permitted at the requested location which was zoned CG ; the problem was the 1 , 500 foot separation required under Chapter III , Page 4 V V July 26 , 1 9 9 3 NAME OF COMMRS. MSYN Commissioner Waters felt there was a difference between businesses that sold alcoholic beverages to be consumed on the premises and businesses that sold alcoholic beverages in package form, only . He felt when alcoholic beverages were consumed on the premises more stringent control would be needed . Edwards x x Motion : Grant wavier of provision Fletcher x requiring a 1 , 500-foot separation Tucker x x requirement for sale of alcoholic Waters x beverages to Thomas Dorn to open a Gulliford x retail wine shop at 645 Atlantic Boulevard Commissioner Fletcher felt the wavier should not be granted because city ordinances did not allow for this procedure . The Mayor felt the intent of the ordinance was to limit the number of establishments selling on -site consumption . He felt the 1 , 500 foot limitation should be addressed . The question was called and the vote resulted in 4 -- 1 with Commissioner Fletcher voting nay . The motion carried . It was decided to have the Zoning Committee review this ordinance . B . Approve bid #9293-22 Water main improvements for Coquina Place and East Coast Drive Bob Kosoy , Public Works Director , presented Bid 49293-22 Water main improvements for Coquina Place and East Coast Drive . He explained water lines would be constructed on Coral Street , DeWees Avenue , and a portion of East Coast Drive , Ocean Grove Drive , and Ocean Boulevard . He explained staff had received 31 references from W. R . Townsend Contracting , Inc . , the low bidder , Following the City Commission meeting of July 12 , 1993 . He reported staff attempted to contact all references which indicated a job scope including placement of water mains , and he summarized the results of staff ' s investigation . He recommended not accepting the late submittal of references from W. R . Townsend Contractor and awarding to AA Seotic , as previously recommended . The Mayor felt the Commission had the right to waive the fact that references were not included it the original bid package of the low bidder so that the Commission would have an opportunity to save taxpayers ' money . The Mayor questioned the Page 5 V V July 26 , 1993 NAME OF COMMRS. MSYN importance of r'ef r- nces and felt if a contractor or'esented a performance bond and insurance , this was more important . Commissioner Waters felt references were important lor those who did not have a business background . The Mayor suggested pre-qualifying the bidder . Kim r_ei nbach , City Manager , indicated staff did not have authority to waive existing procedure . Commissioner Fletcher felt the city did not have much latitude to deviate from procedure when considering bids . Alan Jensen explained certain conditions and requirements had to be met in the bidding procedure . He explained the low bidder had not met the requirements . Motion : Award bid No. 9293-22 Water Edwards x x main improvements for Coquina Place Fletcher x and East Coast Drive to W. R . Tucker x Townsend Contracting , Inc . at Waters x x $ 123 , 599 . 30 Gulliford x Commissioner Fletcher indicated his desire to be cautious and not to deviate from strict practice . The question was called and the vote resulted in 4 - 1 , with Commissioner Fletcher voting nay . The motion carried . The City Manager was asked to investigate the Possibility of pre-qualifying bidders . 6 . Consent Agenda:. A. Water and Sewer Committee report Edwards x x Fletcher x Motion : Approve passage of Consent Tucker x Agenda 'Waters x x Gulliford x No discussion before the vote . The motion carried unanimously . 7 . Ordinances : A. Ordinance #70-93- 11 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH , FLORIDA, AMENDING CHAPTER 20 , TAXATION , ARTICLE III . OCCUPATIONAL LICENSE TAX , SEC . 20-51 DEFINITIONS , TO PROHIBIT "HAWKERS" WITHIN THE CITY OR ON THE CITY BEACH , AND PROVIDING AN EFFECTIVE DATE Page 6 V V July 26 , 1993 NAME OF COMMRS. MSYN Mayor Gulliford presented in full , in writing , Ordinance #70-93- 1 1 , said Ordinance having been posted in accordance with Charter requirements . He opened the floor for a public hearing and invited comments from the audience . Lynn Poyner felt hawkers should be allowed to sell certain products . She felt rather than ban hawkers entirely they should be allowed to use the occupational license process . Since no one wished to speak further the Mayor closed the public hearing . Edwards x Fletcher x Motion : Approve passage or Ordinance Tucker x x #70-93- 11 on Final Reading Waters x x Gulliford x There was a brief discussion relative to whether or not to allow hawkers to sell products , and it was felt the city did not wish to allow this type of activity . A discussion ensued regarding the "ice cream man . " It was explained this vehicle was licensed by the Health Department and Duval County as well as the City . The base of operation was not in Atlantic Beach , the vehicle kept moving and did not park or operate from a vacant piece of land , thus it was not considered to be a hawker . The question was called and the motion carried unanimously . B . Ordinance #90-q3- 160 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS 2383 MAYPORT ROAD , ALSO KNOWN AS A PART OF GOVERNMENT LOT 7 , SECTION 8, TOWNSHIP 2 SOUTH , RANGE 29 , FROM CG COMMERCIAL GENERAL TO ILW INDUSTRIAL LIGHT WAREHOUSING : AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE : PROVIDING FOR SEVERABILITY : PROVIDING FOR AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing , Ordinance #90-63 - 160 , said ordinance having been posted in accordance with Charter requirements . He opened the floor for a public hearing and invited comments from the audience . Robert A, Skeels , Attorney representing Pan Am Mini Storage , distributed a memorandum to the Page 7 V V July 26 , 1 9 9 3 NAME OF COMMRS. MSYN Commission supporting rezoning of Pan Am Property (memorandum dated July 22 , 1993 attached hereto and made a part hereof ) . Mr . Skeels indicated Pan Am was granted an exception to build a facility and had been parking vehicles since that time . He felt the rezoning would conform to the Comprehensive Plan . He indicated Pan Am ' s property was adjacent to the city ' s water plant , and that ILW zoning would conform to existing adjacent use , and he indicated it was unlikely the property would be used for other purposes . He indicated Pan Am was citied for violation for storing vehicles , but the Code , he felt , made no distinction between parking vehicles and storing vehicles . George Worley clarified that the location under discussion was indicated as CG Commercial in the Future Land Use Plan . Commander Donald Moore , , representing Fleet Landing Resident Council , felt Pan Am was a good neighbor , but complained that sounds of loud motors and music were heard late at night . He objected to the request of Pan Am to change from CG to ILW zoning as he felt ILW would allow for a more intensive industrial use . He presented a petition signed by 228 residents of Fleet Landing requesting denial of rezoning . Several residents of Fleet Landing spoke and complained of late night noise . Mr . Terence P . Kane , owner of Pan Am Mini Storage introduced Pan Am ' s security guard , Mark Daigle . Mr . Kane indicated Mr . Daigle was hired to provide security during night hours . Mr . Daigle indicated loud noise was not coming from Pan Am property , but from other nearby property . Ms . Kelley Garrison , Manager of Pan Am, indicated she lived on the premises and was not aware of loud night noise . George Worley indicated the Community Development Board discussed and recommended against rezoning . He felt the present use was appropriate , and he recommended an alternative approach to the situation should be investigated , rather than rezoning the property . Edwards X passage of Ordinance Fletcher Motion : ApproveX Tucker x X #90-113- 160 on Final Reading Waters x X Gulliford X Page 8 V V July 26 , 1993 NAME OF COMMRS. MSYN Police Chief David Thompson was asked to investigate the complaints of loud night-time noise and report to the City Manager . Mayor Gu11iford asked why this rezoning was initiated . George Worley explained the city ' s current zoning did not permit a variance . He added a Us --bv-Exception would be required to allow Pan Am to continue outside storage . He added Pan Am had been storing vehicles for five years , but did not know it was an infraction of the Code . Alan ..Jensen , City Attorney , explained in Pan Am ' s original Use-by-Exception outside storage was granted , but the minutes were silent to that Particular issue . Thus , he added , Pan Am had been on: rati ng under the assumption that thi was approved by Use-•by--Exception . Commissioner Fletcher felt rezoning was a severe remedy because it would change the land use . He suggested denying the request to rezone and examining other avenues to allow Use- by--Exception . The question was called and the vote resulted in all nays . The motion failed . It was decided Pan Am should apply for a Use--by-Exception to the Community Development Board , which would satisfy all conditions and allow Pan Am to continue to operate the way it has in the oast . The City Manager was instructed to withhold action relative to any violation concerning outside storagee until the matter was resolved . Edwards x Motion : Withhold punitive action Fletcher x against Pan Am Mini Storage relative Tucker x x to any violation concerning outside Waters x x storage Gulliford x No discussion before the vote . The motion carried unanimously . C . Ordinance #95-93-59 Mayor .,'_!1 1 i ford presented in full , in writing , ordinance #95 -93-59 . Page 9 V V .July 26 , 1993 NAME OF COMMRS. MS Y N AN ORDINANCE OF THE CITY OF ATLANTIC BEACH , FLORIDA, AMENDING CHAPTER 1 , GENERAL PROVISIONS , BY ADDING NEW SECTION 1 - 12 , TO PROVIDE A PROCEDURE FOR OCTAININ a A CODE VARIANCE , AND PROVIDING AN EFFECTIVE DATE Edwards x Motion : Approve passage of Ordinance Fletcher x x #95-93-59 on its first reading and Tucker x x set public hearing for August 9 , 1993 Waters x Gulliford x Commissioner Fletcher felt the proposed ordinance , by providing a procedure for obtaining a zoning variance for Chapters 1 through 23 , would include the entire operation of the city . He felt the only area Commission desired to address was a procedure of appeal of 1 , 500 foot separation between business selling alcoholic beverages . The question was called and the vote resulted in 4- 1 with Commissioner Waters voting nay . The motion carried . D . Ordinance 28-93-3 Mayor Gulliford presented in ful 1 , in writing , ordinance #28-93-3 . AN ORDINANCE OF THE CITY OF ATLANTIC BEACH , FLORIDA , SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS ; PLACING THE NEW CHARTER EEFORE A VOTE OF THE ELECTORS OF ATLANTIC BEACH AT THE NEXT MUNICIPAL ELECTION ; PROVIDING FOR THE CONTINUANCE OF THE FORM OF GOVERNMENT , CITY COMMISSION , CITY MANAGER , CITY CLERK , CITY ATTORNEY , DEPARTMENT OF PUBLIC SAFETY , BUDGET , DEPARTMENT OF FINANCE , ELECTIONS , FRANCHISES , TAX ADMINISTRATION , ZONING , MUNICIPAL BORROWING , SUITS AGAINST THE CITY , AND GENERAL AND MISCELLANEOUS PROVISIONS ; PROVIDING THE FORM OF BALLOT ; AND PROVIDING AN EFFECTIVE DATE Edwards Motion : Approve passage of Ordinance Fletcher #28-93-3 on its first reading and set Tucker x public hearing for August 9 , 1993 Waters x Gulliford It was decided to examine the proposed Charter and to discuss items that were of concern to the Commission . It was explained it would he necessary to obtain final approval of the Charter by the second meeting of August in order for this to appear on the ballot . Commissioner Tucker' asked Page 10 V V July 26 , 1993 NAME OF COMMRS. MSYN Commissioners to contact Raymond Salman if they had any questions or suggestions . Reference was made to Section 10 , Appointment of city manager , and the Commission indicated their desire to change the time frame from one year to two years wherein a member of the city commission could receive an administrative appoi ntment with the City after the expiration of his term on the commission . Motion : With reference to Sec . t0 . Edwards x x Appointment of city manager , no Fletcher x member of the city commission shall Tucker x x Waters x receive an administrative appointment Gulliford x with the city within ( 2) years after the expiration of the person ' s term No discussion before the vote . The motion carried unanimously . Reference was made to Section 1 1 , appointment of assi stant-deputy city manager or city clerk , and the commission indicated thei r desire to eliminate the language "The city commission may , at its discretion" with reference to the appointment of a deputy city manager and deputy city clerk . The commission felt the city manager and the city clerk should have the power to hire their own assistants , independent of the city commission . It was also decided to change "assistant/deputy city manager" and "assistant/deputy city clerk " to "deputy city manager'; and "deputy city clerk . " It was decided the intent was that the Commission would be charged with creating the jobs of deputy city manager and deputy city clerk , but that the city manager• and city clerk would have the power to hire the deputy city manager and deputy city clerk . Motion : With reference to Section Edwards x x 11 , Appointment of deputy city Fletcher x manager ardeputy city clerk , the Tucker x x Commission would have the power to Waters x create the position of deputy city Gulliford x manager and deputy city clerk and allow the city manager and city clerk • to fill the positions The question was called and the motion carried unanimously . Page 11 July 26 , 1993 V V NAME OF nt to Sc . 12 , V,: _ - COMMRS. M S Y N ('offimi $sion , Commissioner Waters felt 15 days was not enough time to replace a Commissioner , should a vacancy occur . Motion : Change amount of time to fill a Edwards vacancy on the Commission from 15 days Fletcher to 30 days Tucker Waters x Motion died for lack of a second . Gulliford Tt was decided to add "of the vacancy" following 15 days , in Sec . 12 . With reference to Sec . 13 , Creation of new departments or offices ; change of duties , it was felt "With the exception of the city clerk" should beeliminated with reference to the commission assigning additional functions or duties . It was explained the City Clerk was the only position that could not hold another position , even over-night . For instance , if the City Manager went out of town it would not be possible to appoint the City Clerk as acting city manager . It was also explained it was the intent of the Charter Committee to separate the legislative body of city government from the administrative body of city government . Commissioner Waters felt the proposed language , by excluding the city clerk ' s office , placed a limitation on the power of the commission by indicating the commission would not be allowed to assign new duties to the office of the city clerk . `Tommissione' Fletcher referred to Sec . 28 ( 8) and indicated the language allowed the Commission to assign duties to the City Clerk . Motion : With reference to Sec . 13 . Edwards x Creation of new departments or Fletcher x offices ; change of duties , eliminate Tucker x x the language "with the exception of Waters x x the city clerk . " This was in Gulliford x reference to the commission assigning additional duties to offices within the City The question was called and the vote resulted in 3-2 with Commissioners Fletcher and Tucker voting nay . The motion carried . With reference to Sec . 22 Qualifications (4) Commissioner Waters felt the language pertaining to Page 12 V V July 26 , 1993 NAME OF COMMRS. MSYN the substitution of experience for education towards a B . A. degree should be eliminated . He felt one should at least have a B .A. degree . A discussion ensued and it was felt by some commissioners that experience was also important . Edwards Fletcher Motion : Under Sec . 22 Tucker Qualifications(4) -- Waters x remove language contained in ( 4) Gulliford which indicates two years of additional experience may be substituted for each year of education towards a B . A. degree Motion died for lack of a second . With reference to Sec . 23 , Powers and duties of the City Manager , it was decided to change ( 2) regarding "preparing agenda materials for the city clerk for every commi si on meeting" to "forwarding agenda materials for the city clerk for every commission meeting . " The Commission felt the city clerk should be responsible for the preparation of the agenda . It was the intent that the City Manager would forward agenda materials to the city clerk for agenda preparation . Motion : Change Sec . 23 , powers and Edwards x x duties of the City Manager ( 2) to Fletcher x indicate that the city manager Tucker x fowards agenda materials to the city Waters x x clerk for every commission meeting Gulliford x It w.: :3 determined the City Manager would prepare the material for the agenda and forward the material to the city clerk . No discussion before the vote . The motion carried unanimously . Reference was made to Sec . 35 Director of Finance , and a discussion was held relative to the finance director being appointed and removed by the city manager , subject to approval of the city commission . It was felt by some that the city manager , only , should have the power to hire and fire the finance director , without commission apor-ova1 . It was explained the Fire Chief and Police Chief were hired by the city manager , with approval of the commission . Motion : Remove "subject to approval Edwards x of the city commission" Section 35 . Fletcher x x (The intent of the commission was to Tucker x x Waters x Gulliford x i: V V lr l y 23 , 1 l : NAME OF COMMRS. MSYN have the city manager , only , responsible for the hiring and removal of the finance director) A discussion ensued relative to whether or not the hiring and removal of the finance director should be approved by the commission . Whereas it was felt by Nome commissioners that the finance director was a critical officer of the city and the commission should have final approval , it was felt by others that the city manager should have authority to hire and remove the finance director . The question was called and the vote resulted in 3-2 with Commissioners Tucker and Waters voting nay . Edwards x Substitute Motion : Approve passage Fletcher x x of Ordinance #28-93 -3 on its first Tucker x x reading , as amended , and set public Waters x hearing for August 9 , 1993 Gulliford x No discussion before the vote . The motion carried unanimously . 8. New Susi ness ._ A. Public hearing for application for Use by Exception filed by Donald Ray to operate a retail outlet for the sale of motorcycle parts George Worley explained the applicant was the owner of a business located in the CL Commercial Limited district on Mayport Road . He explained the sale of automotive parts was permitted as a Use-by-Exception because it was listed as a oer•mi tted use in the CG Commercial General district . He indicated the Community Development Board agreed that this business would be compatible with the existing businesses at that location and recommended for approval of the request , providing there were no repairs and outside display . Mayor Gulliford opened the floor for a public hearing and invited comments from the audience . Donald Ray , 1245 Mayport Road , indicated he was the owner of the business and he would like to increase revenues by selling motorcycle parts and a c c ci r i rY s . Since no one wished to speak further the Mayor closed the public hearing . Edwards x x Fletcher x Tucker Waters x Motion : Approve Use-by-exception for x x sale of motorcycle parts at 1245 Mayport Gulliford x Rd . , providing there are no repairs and outside display Page 14 • July 26 , 1993 V V NAME OF COMMRS. MSYN Commissioner Tucker inquired if Mr . Ray would make minor repairs , to which Mr . Ray replied he would make no repairs . The question was called and the the motion carried unanimously . B . Approval of final pay estimate , and final contract documents for Atlantic Beach Water Treatment Plants 1 & 2 Bob Kosoy presented a request for approval of final pay estimate for Meadors Construction Company , Inc . for a current ( final ) payment of $77 , 922 . 11 . He indicated the final payment included the final change order amount of $2 , 352 .40 . Douglas Layton , Smith and Gillespie , advised the Commission to approve the final pay estimate subject to receipt of ave--hui l ts . Edwards x x Motion : Approve final pay estimate Fletcher x x for Meadors Construction Company , Tucker x Inc . for a current ( final ) payment of Waters x $77 , 922 . 11 , subject to receipt of Gulliford x as-bu1lts No discussion before the vote . The motion carried unanimously . 9, City, Manager Reports and/or. Corres,pondence :.. A. Report on the number of children participating in V .M .C .A. activities Rose Blanchard , Recreation Director , reported Bob Martin , Executive Director of the YMCA, indicated the Atlantic Beach YMCA Summer Day Camp in Jack Russell Park , as of July 13 , 1993 , had nearly 300 children registered ; 96% were from the Beaches area ; 70% were from Atlantic Beach and 4% were from the west Beaches area . With reference to the summer day camp , 110 Atlantic Beach children narticinated for 10 weeks , and 42 Atlantic Beach children participated in the daily playgym. It was r'enorfed 50 families from Atlantic Beach were provided with financial assistance . C . Report on Citizen Survey David Thompson , Police Chief , r'epor'ted . He felt it was necessary for the city to be sensitive and • Page 15 V V July 26 , 1 9 9 3 NAME OF COMMRS. MSYN responsive to the wishes and needs of the citizens , thus the Police Department selected Citizen Surveys as a means to increase direct participation by citizens . Bob Kosoy presented a proposal for the installation of sewage on Ocean Grove Drive which would service 27 homes . He indicated substantial savings would he incurred if the city approved a change order to provide sewage for the rest of Ocean Grove Drive . Edwards x Motion : Approve proposal for change Fletcher x x order to provide sewage to the rest Tucker x x of Ocean Grove Drive , subject to the Waters x City Attorney advising the legal Gulliford x parameters to initiate a special assessment program A discussion ensued and it was explained the homeowners would be notified , and it was felt a nuh1ic hearing would be held at a later time concerning this matter . The nue•sti on was called and the motion carried unanimously . 10. Mayor„._to call on City Commissioners , City Attorney_ and City Clerk : Alan Jensen referred to the Courtyards of Mayport and their desire to have impact fees waived . He reported the new proposed agreement with Barnett J Bank would prohibit the city from allowing impact t=ees to be waived . Maureen King , City Clerk , reported The Beaches Leader would like to have a political forum during the month of September for the Atlantic Beach candidates . The Mayor indicated perhaps it would he in the city ' s best interest not to limit a political formum to one entity , only . He asked that the Beaches Leader contact him so that plans could be made . Commissioner Fletcher reported Phase I of the Town Center began on July 26 , 1993 , and he thanked everyone for their help . Commissioner Fletcher asked for an update concerning a fine against the City from the Environmental Protection Agency ( EPA) relative to a PH monitoring infraction . Alan Jensen explained this was the second stage of a process that began Page 16 V V Jul y 26 , 1993 NAME OF COMMRS. MSYN last year . He indicated he spoke to EPA last week and that negotiations were in an active status , and he indicated he would prepare a formal response . Commissioner Waters congratulated Walter Rew, Fire Marshal l , concerning the low number of injuries experienced by city employees since the initiation of the Safety Program. Commissioner Waters inquired concerning the public acces.. at 16th Street , to which Alan Jensen replied this matter was under consideration . Commissioner Tucker thanked everyone for reading the proposed City Charter and ;- W a ed Maureen Kin9 for her efforts ar lent work 111 Aoki. • k iA ,.;yor I . Gu 1 i ford Mayor/Presiding Offi Maf.r aar� K'i nq 11- --4- City Cler k cit, ret,,46 A 7/,lo 3 MEMORANDUM IN SUPPORT OF PAN AM'S ZONING SUBMISS ON TO: ATLANTIC BEACH CITY COMMISSION FROM: ROBERT A. SKEELS DATE: July 22, 1993 RE: ARGUMENTS SUPPORTING REZONING OF PAN AM PROPERTY; ALTERNATIVELY, PAN AM'S VEHICLE STORAGE ALREADY PERMITTED OR SHOULD BE PERMITTED I. THE PAN AM PROPERTY SHOULD BE REZONED FROM CG TO ILW While the property has been placed in a CG zone, the City of Atlantic Beach has long recognized that the property is used for light industrial purposes. Reference is made to the City's Comprehensive Plan adopted in 1990 and approved by the State in 1991 which recognizes in its existing land use map which is part of the Plan that the property is used for light industrial purposes. The City map is consistent with relevant portions of the Plan's narrative at page I-13 where the City affirms that: "With the development and expansion of the Mayport Naval Base, the City has also seen development of support services, heavy commercial and industrial land uses" and "The economic base of the City is derived largely from year-round residents the employment opportunities offered in the commercial/industrial corridors along Mayport Road and Atlantic Boulevard." The primary corridor along Mayport Road reflecting industrial uses on the City's "Existing Use Map" encompasses the Pan Am property. This certainly makes sense in light of the property's location immediately north of and adjacent to the City's Water Treatment Plant Page 1 No. 2. If that Plant were in private hands, it could only exist in an industrial or less restrictive zone. The Pan Am property should be rezoned ILW to bring it in line with the City's Comprehensive Plan. II. THE USE BY EXCEPTION TO CG ZONING PERMITTING "MINIWAREHOUSES" INCLUDES OUTDOOR, ON SITE STORAGE OF OPERABLE VEHICLES Section 24-160 of the Code defines the term "Miniwarehouses" as follows: "The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property. " The above Code section was adopted by the City as Ordinance No. 95-79-18 at its Commission meeting on October 8, 1979 and was entitled "An Ordinance Regulating Mini- Warehouses The Conduct And Use Thereoh Providing An Effective Date." During the discussion of the Ordinance, Mayor Howell advised that the decision had been made not to include fencing and control of hours and that new rentals would be strictly dead storage only - not for purposes of conducting ongoing businesses. Certainly, vehicles are tangible personal property which may be stored in the business commonly known as miniwarehouses. The question, however, is not whether the ordinance term "Miniwarehouses" encompasses outside storage of vehicles but whether the process of granting an exception itself authorizes outside storage, or parking, of operable vehicles. First, it is clear that the City makes no distinction between the term "parking" and "storage" pertaining to vehicles and is not concerned about whether parking or storage is for a fee or free. The terms are used interchangeably in Section 24-163(a) of the Code Page 2 prohibiting commercial vehicles from being "parked or stored" in residential districts; interchangeably in Section 24-17 of the Code describing "Parking lot" as "an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged". Finally, Section 24-162 of the Code describes off street parking lots (meaning open places where one stores motor vehicles) as a "permissible use by exception in all districts where such lots are within 400 feet of a premises requiring off street parking." By definition, parking IS storage of vehicles. Second, it is also clear that the Ciry includes off street parking as one of the matters which it must evaluate and approve in its grant of exception process, per Section 24-63 (4)(b) of the Code. Accordingly, once an exception for miniwarehouses is granted, provision for off-street, outside parking (or storage) of vehicles is likewise permitted as part of the approval process, subject to issuance of the building permit based upon plans providing, among other things, off street parking. In Pan Am's case, the off street parking area was shown and described as an open area within the bounds of the property to be used exclusively for the storage of motor vehicles - a parking lot. Pan Am's property files maintained by the City include, as to phase I of its construction, the City's Plans Review Checklist requiring 5 off street parking spaces but reflecting 55 spaces and a City approved Site Plan showing 10 "boat spaces" as well as a "future parking area". Pan Am's building permit for this phase was issued following the City's approval of the site plan and Checklist. The City's file on phase II of Pan Am's construction also includes the City's Plans Review Checklist requiring 2 off street parking spaces with the notation "3+ (boat storage)" as actually being provided. The attached and City-approved Site Plan reflects "10 Boat storage spaces" in this phase. It is the above spaces that are used by Pan Am to store vehicles for a fee. Given the City's interchangeable use of the terms "parking" and "storage" of vehicles (without regard to whether parking or storage is free or for a fee); its consideration (and approval) of off street parking as an adjunct to granting an exception for miniwarehouse use; and its own definition of such use as simply meaning "storage of tangible personal property" Page 3 without any limitation upon hours of operation; it is clear that the holder of such an exception, Pan Am in this case, is entitled to park or store operable motor vehicles on its property for a fee up to the approved storage limit reflected in the permitted documents and plans. Moreover, it is also clear that the City has recognized, implicitly or explicitly, Pan Am's outside storage of vehicles as being within the scope of approval pertaining to the City's grant of exception to Pan Am to operate a miniwarehouse business on its property. Pan Am advised appropriate City officials of its intended outside storage of vehicles including boats during the runup period leading to the City's grant of exception and that the parking or storage area was to be laid over the area of the drainage ditch running across the northerly side of its property once D.O.T. approval to install the culvert in place of the ditch and pave over the culvert area had been obtained. Pan Am bore the cost of these improvements to the extent of some $100,000.00 which certainly would not have been spent if outside parking in the area of the former culvert was not permitted. Additionally, Pan Am's approved plans for the property specifically reflected its outside parking. Pan Am has consistently used this area for outside parking since commencement of operations in the middle or latter part of 1988, all with the knowledge and at least tacit approval of the City. It has only been within the last few months that any question concerning Pan Am's outside parking has arisen in the context of a claimed Code violation. Pan Am submits that its previous 4 1/2 years experience in operations with the City since inception of its business is a far better indicator of the City's interpretation of the exception granted to Pan Am than the City's claimed Code violations respecting Pan Am's parking which has occurred only within the last few months. Finally, examination of other use exceptions to CG zoning reveals the City's awareness that vehicle parking or storage will occur. For example, Section 24-111 (c)(12) authorizes the sale of new and used automobiles and boats. Section 24-111 (b)(7) permits without exception an auto service station, minor repairs and a car wash. Certainly, vehicles will be Page 4 parked at an auto service station, some inside and some outside, pending completion of repair jobs. III. ALTERNATIVELY, ATLANTIC BEACH SHOULD AMEND SECTION 24-111 (C)(7) TO INCLUDE OUTDOOR STORAGE OF OPERABLE MOTOR VEHICLES WITHIN THE USE BY EXCEPTION PERTAINING TO MINIWAREHOUSES Since outside storage or parking of vehicles is at least an accessory use and within the approval process of the City in determining whether or not to grant an exception, the City retains the right to control the development of outside storage under this approach including the amount and type of such storage. Therefore, the City can make a case by case determination of limitations as to outside storage in its grant of exception. Page 5 MEMORANDUM TO: FILE FROM: RAS DATE: July 16, 1993 RE: ATLANTIC BEACH ORDINANCES AFFECTING PARKING AND MINIWAREHOUSES Miniwarehouses Section 24-160. "The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property." II. Parking. Section 21-23. "No person shall park a motor vehicle on any street or right of way for a period of time in excess of seventy-two (72) hours." Section 24-162 "Off street parking lots shall be a permissible use by exception in all districts where such lots are within 400 feet of a premises requiring off street parking." Section 24-163(a) "Commercial vehicles of less than eighteen thousand five hundred (18,500) gross vehicle weight, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district, except in accordance with the following requirements [ommitted as inapplicable]." Section 24-17 "Parking lot shall mean an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged." Section 12-1(b)(7) "For any person, either as the owner or occupant of a building, structure or property to utilize the premises of the property for the open storage of any abandoned motor vehicle. . . ." [Declared unlawful as a nuisance] MEMORANDUM TO: FILE FROM: RAS DATE: July 16, 1993 RE: ATLANTIC BEACH COMPREHENSIVE PLAN The City of Atlantic Beach Comprehensive Plan was adopted by the City in 1990 and approved by the State of Florida in 1991. At page 1-13 of the Plan, 1st paragraph, it is stated: "With the development and expansion of the Mayport Naval Base, the City has also seen the development of support services, heavy commercial and limited industrial land uses." Continuing in the 2d paragraph of page I-13 of the Plan: "The economic base of the City is derived largely from year-round residents the employment opportunities offered in the commercial/industrial corridors along Mayport Road and Atlantic Boulevard." The Plan recites at page II-10 that "The Naval Base is the single largest employer in Duval County." The "Existing Land Use" map which is part of the Plan reflects that the Pan Am property is located within a light industrial area. The Map is dated 12/01/89. The Future 2005 map which is part of the Plan describes the location of the Pan Am property as a Commercial General area.