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01-25-93 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JANUARY 25, 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 January 11, 1993 2. Recognition of Visitors: 3. Presentations: A. In recognition of those serving on various committees, plaque presentation to: -Samuel T. Howie - Community Development Board -Joan LaVake - Pension Board of Trustees -Herb Moller - Code Enforcement Board -Ronald Wingate - Pension Board of Trustees 4. Old Business: A. Appeal of variance denial by Community Development Board to construct a screen enclosure in violation of rear setback (Margaret Cresson) (City Planner George Worley) B. Update report with related action to proposal to by-pass the bid process as it relates to play ground equipment purchase for Parks & Recreation Department (Rose Blanchard, P&R Director) C. Update report with related action action concerning compensation for the Office of the City Manager (Kirk Wendland, Finance Director) 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. 5. Consent Agenda: A. Water and Sewer Committee report B. Change Order #4 for Atlantic Beach Water Treatment plant project C. Authorization to bid televising and cleaning of sewer mains in Oak Harbor D. Authorization to bid renovation of standpipe and painting of standpipe and hydro-water storage tank at WTP #4 6. Ordinances: A. Final reading and public hearing of Ordinance #95-93-54 relative to amending the tree conservation ordinance B. Final reading and public hearing of Ordinance #5-93-23 revising various fees and charges C. Final reading and public hearing of Ordinance #65-93-22 relative to temporary street closings D. Introduction and first reading of Ordinance changing the lifeguard operations under the Fire Department. E. Introduction and first reading of Ordinance amending Section 3-2 for clarification regarding closing hours of establishments serving alcoholic beverages F. Introduction and first reading of Ordinance #35-93-8 relative to setting up a reserve account for monies raised by the Fire Department 7. New Business: A. Request to reduce Administrative Assistant position to full time Clerk position (Robert Kosoy, PW Director) 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE 0 0 ROAD, AT 7 : 15 P . M. MONDAY, JANUARY 25, 1993 T T E E PRESENT: William I . Gulliford, Jr. , Mayor D D Glenn A. Edwards Lyman T. Fletcher M S Adelaide R. Tucker, and 0 E J. Dezmond Waters, III , Commissioners T C AND: Kim D. Leinbach, City Manager I O Y Alan C. Jensen„ City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of January 11 . 1993 . Edwards 1� Fletcher x Motion: Approve minutes of the Waters x x regular meeting of January 11, 1993 Waters x x Gulliforc. No discussion before the vote . The motion carried unanimously. 2 . Recognition of visitors: Jimmy Hill , President, International Association of Fire Fighters, Local 2622 , announced Local 2622 wished to undertake a project that would benefit the citizens of Atlantic Beach and Jacksonville Beach. They decided on a cleanup effort along Atlantic Boulevard and Beach Boulevard from the Ocean to the Intracoastal Waterway. The project is in conjunction with the state ' s "Adopt A Mile" program and Local 2622 will conduct periodic cleanups of accumulated trash in this designated area. Representatives from Roberts Mount Pisgah AME Church, 1915 Jordan Street, Atlantic Beach, requested repair of drainage problems that occurred in front of their church following rainy weather. Kim Leinbach, City Manager, offered to meet with church representatives to help solve the problem. Bob Weiss reported the current performance at the Atlantic Beach Experimental Theater was excellent, and he thanked Rose Blanchard, Parks and Recreation Director, for her help and assistance . Charles F. Haworth , 808 Amberjack Lane, felt he should not have an Amberjack address because his Page 2 v V NAME OF Minutes, January 25, 1993 COMMRS. MSYN house faced Wahoo Street . It was explained by the Building Inspector that the location of Mr. Haworth' s house, where it faced the most narrow street frontage, determined how it was numbered. Mr. Haworth complained concerning potential violations of improperly parked boats and recreational vehicles in his neighborhood, and he was asked to contact the Code Enforcement Inspector so that the complaints could be addressed. Rusty Bennett, President of Little League, inquired into the status of plans for the concession stand at Russell Park. Mayor Gulliford invited Mr. Bennett to step to the podium and examine the plans for this site. 3 . Presentations: A. In recognition of those serving on various committees, plaque presentation to: Samuel T. Howie - Community Development Board Joan Lavake - Pension Board of Trustees Herb Moller - Code Enforcement Board Ronald Wingate - Pension Board of Trustees It was decided to reschedule the presentation of the plaques until the next regular meeting because those receiving plaques were not able to attend the meeting. 4. Old Business: A. Appeal of variance denial by Community Development Board to construct a screen enclosure in violation of rear setback (Margaret Cresson) The Mayor explained Margaret Cresson applied for a Variance to construct a screened addition to the rear of her home at 1821 Tierra Verde Drive encroaching the rear yard setback requirement of 20 feet. He referred to the City' s Zoning and Subdivision Regulations, Section 24-17 , Definitions, specifically the definition of "accessory building. " He felt the screened enclosure under discussion fit the definition of "accessory building" and, thus, there was no need to obtain a variance . He explained the responsibility of the Commission was to define the City' s ordinances and he felt that the screened enclosure fell under the description of "accessory building" as indicated in the Code . Edwards x Motion: Direct staff to issue a Fletcher building permit on the basis the City Tucker Commission determined the structure [Haters would be an accessory building, based Gulliford on the City' s Code Page 3 V V Minutes, January 25 , 1993 NAME OF COMMRS. MSYN A discussion ensued as to whether or not the structure was an accessory building. Commissioner Waters felt the motion violated the use of set back areas , which was to protect homes from one another. It was determined the enclosure was 8 x 10, or 80 square feet . Commissioner Fletcher asked George Worley if an addition to an existing building could be considered an accessory building, to which Mr. Worley replied he did not think an addition to an existing building could be considered an accessory building, but that it would have to be considered part of the main structure . Mayor Gulliford read a section of the Code that indicated accessory buildings meant a portion of a main building, which he felt was very clear. Mr. Worley replied if the enclosure were of an accessory use it could be defined as an accessory building. The Mayor felt the ordinances pertaining to whether or not this would be an accessory building were vague or ambiguous, and that citizens should be accommodated in a more helpful manner. Commissioner Waters felt ordinances complimented each other. A discussion ensued concerning setback lines and whether or not it was necessary to obtain a variance if the structure was an accessory building. Commissioner Tucker withdrew her motion and Commissioner Edwards withdrew his second of the motion. Edwards x x New Motion: Grant appeal and Fletcher x overturn action of the Community Tucker x x Development Board Waters x Gulliford x Several neighbors of Ms . Cresson appeared and indicated their desire to allow the screened enclosure . Commissioner Fletcher indicated he was concerned a precedent would be set . He cautioned the Commission not to overturn decisions of Boards in an indiscriminate manner. City Attorney Alan Jensen stated any action the Commission took was not based on covenants or restrictions . Page 4 v V NAME OF Minutes, January 25 , 1993 COMMRS. MSYN Commissioner Fletcher advised the neighborhood association to take formal action to grant this variance to Ms . Cresson. Roll call vote resulted in all ayes . The motion carried unanimously. B. Update report with related action to proposal to by-pass the bid process as it relates to playground equipment purchase for Parks & Recreation Department Rose Blanchard, Parks and Recreation Director, reported she spoke with Matt Casson, Purchasing Agent for the City of Jacksonville, regarding outgoing bids for playground equipment . She indicated Mr. Casson reported the City of Jacksonville did not anticipate going out for bids this year. She requested the City Commission to reconsider the request to bypass the bidding procedure to purchase three Merry-go-rounds and four Baby Slides before the February, 1993 deadline for price increases . The total budgeted figure to purchase from Miracle Recreation was $5, 330 . 66 . Edwards x x Motion: Authorize purchase of three Fletcher x Merry-go-rounds and four Baby Slides Tucker x from Miracle Recreation Equipment Waters x x Company at a total price of $5,330.66 Gulliford x Commissioner Tucker inquired concerning the liability aspect of this type of equipment, and Rose Blanchard explained the equipment was built on a smaller scale which made it more safe, and the edges of the equipment were rounded instead of sharp which also helped to make it safe. Beth Robertson, 308 Ocean Boulevard, asked if signs could be erected to restrict older children from using the equipment, to which Rose Blanchard replied her department would keep a close watch to insure older children would not use the equipment. The question was called and the motion carried unanimously. C. Update report with related action concerning compensation for the Office of the City Manager Mayor Gulliford acknowledged receipt of a report from Kirk Wendland, Director of Finance, relative to compensation for the office of City Manager. He indicated additional information would be furnished Page 5 v V Minutes, January 25 , 1993 NAME OF COMMRS. MSYN and asked that this matter be deferred until all information had been received. 5 . Consent Agenda: A. Water and Sewer Committee report B. Change Order #4 for Atlantic Beach Water Treatment plant project C. Authorization to bid televising and cleaning of sewer mains in Oak Harbor D. Authorization to bid renovation of standpipe and painting of standpipe and hydro-water storage tank at WTP #4 Edwards x Fletcher x x Motion: Approve passage of Consent Tucker x x Agenda Waters x Gulliford x No discussion before the vote. The motion carried unanimously. 6. Ordinances : A. Ordinance 95-93-54 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 23, VEGETATION, BY AMENDING ARTICLE II, TREES, TO PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE CONSERVATION BOARD, TO PROVIDE FOR PERMITS, TREE INSPECTION REPORTS, SITE ALTERATIONS, REMOVAL AND MAINTENANCE OF TREES, PROVIDE FOR ENFORCEMENT OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE, APPEALS AND EXCEPTIONS. Mayor Gulliford presented in full, in writing, Ordinance 95-93-54, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Several people addressed the Commission concerning the proposed Tree Ordinance. Whereas it was felt by some that the protection of trees against people who might haphazardly remove them would offset any inconvenience associated with obtaining a permit, it was felt by others that the ordinance allowed too much government interference in the lives of private citizens and property owners and that the Tree Board itself was not representative of a cross section of the Community. It was explained by members of the Tree Board that the ordinance would permit homestead property owners to remove trees within the buildable area of their property, but a permit would have been Page 6 v V NAME OF Minutes, January 25 , 1993 COMMRS. MSYN required for tree removal from the setback areas between property lines . It was explained the ordinance was a system of checks and balances, and that the Tree Board felt it was necessary to protect trees because property changed hands quicker than in the past, with people moving into the City from all over the country. It was suggested that the matter should be brought to citizens via referendum. Since no one wished to speak further the Mayor closed the Public Hearing. Edwards Fletcher x Motion: Approve Ordinance No. Tucker 95-93-54 on final reading Waters x Gulliford Commissioner Waters indicated he supported the ordinance, and he felt perhaps it should go to referendum. He added he was committed to the tree ordinance . He pointed out minor grammatical and typographical errors contained in the ordinance as follows : (New language indicated by _ eliminated language indicated by - - - . Section 23-21 . Tree Protection Practices . (b) Temporary protective barricades shall be erected around all trees identified for preservation. The barricade shall be erected no closer than the drip line of any tree or at a radius of five -151 ten ( 10) feet from the trunk of the tree at its base, whichever is the lesser. Section 23-22 . Replacement and Maintenance of Trees . A. Tree Replacement : Trees identified for removal shall be fecJutred-'t6 be replaced by the following means , either alone or in combination: 1 . ay newly planted trees at a ratio of 1" to-be fepraced for each 3" DBH removed. Commissioner Fletcher felt the intent of the Tree Board was to try to strike a balance between property rights and community rights and to set a criteria for the good of the community. He indicated at the present time there were major trees being taken down in the City. He indicated many people liked to live in the City because of the vegetation, which he felt needed to be protected. V V Page 7 NAME OF Minutes, January 25 , 1993 COMMRS. MSYN Commissioner Tucker indicated she had had many negative responses relative to the proposed tree ordinance. She proceeded to read letters she had received. Commissioner Tucker asked if it was permissible to trim a tree on one ' s property, and the Tree Board replied in the affirmative. It was also explained it was permissible to trim a neighbor' s tree if it encroached on one' s property. Commissioner Tucker felt it was not clearly stated in the proposed ordinance whether or not it would be permissible to trim a tree that belonged to one' s neighbor. Commissioner Tucker referred to Section 23-24 , Enforcements Violations and Penalties, C. , and stated she was not in favor of fines being credited to the Beautification Account, only. She indicated no other city boards had a fund. Commissioner Tucker felt the funds should go to the City of Atlantic Beach and the Commission, during the budget year, would allocate the money accordingly. A discussion ensued and Kirk Wendland concurred with Commissioner Tucker in that he felt funds should be placed in the General Fund. Substitute Motion: ApproveFetchx Ordinance Fletcher x x No. 95-93-54 on final reading with Tucker x the following amendment : delete Waters x x words "to be credited to the Gulliford x Beautification account" in Section 23-24, Enforcement, Violations and Penalties, C. Mayor Gulliford expressed concern that fines for removal of two six-inch diameter trees could be as much as $1 , 000 . A discussion ensued relative to addressing some concerns with plans to reintroduce a proposed amendment, possibly for placement on referendum ballot this fall . Roll Call resulted in a vote of 3-2 . The ordinance failed with Commissioner Edwards , Commissioner Tucker, and Mayor Gulliford voting nay. B. Ordinance 5-93-23 - First Reading Mayor Gulliford presented in full, in writing, ordinance #5-93-23 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMENDING CHAPTER 2 , ADMINISTRATION, ARTICLE VII , Page 8 v V NAME OF Minutes, January 25 , 1993 COMMRS. MSYN FINANCE , AMENDING SECTION 2-317 , DISHONORED CHECKS, AND AMENDING SECTION 3-368, FEES AND CHARGES, PROVIDING AN EFFECTIVE DATE . Edwards Motion: Approve passage of Ordinance Fletcher #5-93-23 on its first reading, with Tucker changes recommended by City Manager, Waters x and set Public Hearing for February Gulliford 8, 1993 A discussion ensued regarding the amount the City charged for various services, and it was felt certain charges needed to be increased. Amendments were decided upon, as follows: Zoning Maps - $5 . 00; City Clerk lien letter - $5 . 00; with reference to 10( charge for copy machine, eliminate the following language : Backhoe - $45 . 00; Labor, actual cost plus 35% fringes; Trucks, each ( including travel time) , per hour - $20 . 00; All tractors ( including travel time) , per hour - $35 . 00; inspection of backflow prevention device - $35 . 00 . Substitute Motion: Approve passage Fx x Fletcher x of Ordinance #5-93-23 , as amended, Tucker x x and set Public Hearing for February Waters 8, 1993 . x Gulliford x The question was called and the motion carried unanimously. C. Ordinance 65-93-22 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 19 , STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, AUTHORIZING THE CITY MANAGER TO CLOSE STREETS FOR VARIOUS EVENTS DURING THE YEAR AFTER DISCUSSION WITH THE POLICE CHIEF AND NOTIFICATION TO THE CITY COMMISSION AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing, Ordinance 65-93-22 , said ordinance having been posted in accordance with Charter requirements . He opened the floor for a public hearing and invited comments from the audience . It was pointed out there were two minor typographical errors in the ordinance and that the following sentence contained in the first paragraph should read as follows : " An organization desiring Page 9 V V Minutes, January 25 , 1993 NAME OF COMMRS. MSYN to close a street for an event shall first procure from the City Manager a permit for such an event. " Since no one wished to speak further the Mayor closed the Public Hearing. Edwards Motion: Approve Ordinance #65-93-22 Fletcher x x on final reading Tucker x_ Waters x x The question was called and the motion carried Gulliford x unanimously. D. Ordinance 57-93-19 - First Reading Mayor Gulliford presented in full , in writing, Ordinance 57-55-19 . AN ORDINANCE AMENDING SEC. 2-63 OF THE ATLANTIC BEACH CODE, PLACING LIFEGUARDS UNDER THE AUTHORITY OF THE FIRE CHIEF, PROVIDING AN EFFECTIVE DATE. Edwards x Motion: Approve passage of Ordinance Fletcher x x 57-93-19 on its first reading and set Tucker x public hearing for February 8, 1993 Waters x. x Gulliford x No discussion before the vote. The motion carried unanimously. E. Ordinance 10-93-17 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #10-93-17 . AN ORDINANCE AMENDING SEC. 3-2 OF THE ATLANTIC BEACH CODE, CLARIFYING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE CITY, PROVIDING AN EFFECTIVE DATE . Edwards x Motion: Approve passage of Ordinance Fletcher 10-93-17 on its first reading and set Tucker public hearing for February 8, 1993 Waters x Gulliford Commissioner Waters referred to the last paragraph of Ordinance #10-93-17 and suggested establishments should be able to perform maintenance during the time that alcoholic beverages were not allowed to be sold. It was decided to amend the ordinance by adding "or to perform maintenance" to the last paragraph of ordinance #10-93-17 . Page 10 v V Minutes, January 25, 1993 NAME OF COMMRS. MSYN Motion: Approve passage of Ordinance Edwards x 10-93-17 on its first reading, as Fletcher amended, and set public hearing for Tucker x x February 8, 1993 Waters x x Gulliford x The question was called and the motion carried unanimously. F. Ordinance 35-93-8 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #35-93-8 . AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2 , ARTICLE VII . FINANCE, DIV. 1 . , SEC. 318, DIRECTING THE FINANCE DIRECTOR TO SET UP A RESERVE ACCOUNT FOR REVENUE DEVELOPED BY THE FIRE DEPARTMENT, AND THE PROCEDURES TO USE REVENUE FROM THE ACCOUNT AND PROVIDING AN EFFECTIVE DATE. Motion: Approve passage or Ordinance Edwards #35-93-8 on its first reading and set Fletcher x x public hearing for February 8, 1993 Tucker x Waters x_ x A discussion ensued concerning whether or not funds Gulliford x should be placed in a Reserve Account for Fire Department revenue, only. Chief Williams, Fire Chief , explained the Fire Department did not have funds budgeted for CPR training and that was why the funds were placed in a Fire Department Reserve Account . it was suggested the funds could be placed in the General Fund, and disbursed by Resolution. After discussion, the Mayor expressed concern regarding paying Fire Fighters independent of regular hours, and he cautioned violating wage and hour laws. The question was called and the motion carried unanimously. 7 . New Business : A. Request to reduce Administrative Assistant position to full time Clerk position Bob Kosoy, Director of Public Works, asked for authorization to reduce a Wastewater Treatment Plant Administrative Assistant position which had been budgeted for FY92/93 but which had not been filled, to a full time clerk. He explained the full time clerk would work 40% in the Public Works Department and 60% in the Atlantic Beach Sewer Page 11 v V NAME OF Minutes, January 25, 1993 COMMRS. MSYN Division, He indicated the full time clerk position would save the City $9 , 608 . 00 . Motion: Authorization to reduce Edwards x Administrative Assistant position in Fletcher x x Wastewater Treatment Plant from Tucker x x Administrative Assistant Position to Waters x Full Time Clerk position Gulliford x. No discussion before the vote . The motion carried unanimously. 8 . City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, referred to the desire of Shoppes of Northsore to erect a special events sign. He indicated he was waiting to meet with Paul Ferber, after which he would report to the Commission. Commissioner Fletcher inquired concerning commercial recycling and it was reported after Scott Kelly met with the Solid Waste Committee a report would be made to the Commission. Commissioner Fletcher asked Chief Thompson to give a report regarding Donner Park. Chief Thompson reported the Donner Park program was successful and well supported by the Community. Commissioner Edwards referred to the Public Service Commission ( PSC) proposed recommendation to Chapter 367 . He reported he contacted Florida League of Cities and they indicated they had not received information concerning the intent of the PSC, but that they would pursue this . At the present time, Commissioner Edwards reported, the matter had been postponed. Mayor Gulliford reported drawings of the proposed building at Russell Park had been received. He indicated he would like to schedule meetings with Little League, and all others who would be interested in the renovation procedure . Page 12 NAME OF Minutes, January 25 , 1993 COMMRS. MSYN There being no further business the meeting adjourned at 10 : 20 p. m. Willi-m I . Gul' ifo � . Mayor/Presiding On ATTEST: Maur en King, Ci y Cl6k