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12-14-92 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, DECEMBER 14, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of November 23, 1992 and Special Called Meeting of December 2, 1992 2. Recognition of Visitors: 3. Appearances: A. Recognition of Continental Cablevision of Jacksonville (Ann Murphy, Public Relations Manager) 4. Old Business: A. Appointments to Code Enforcement Board, Community Development Board and Pension Board of Trustees 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. Report on Plaza Road B. Report on usage of Adele Grage Community Center for November 6. Resolution: A. Resolution #92-38 relative to Budget Adjustment BA-6 for the transfer of funds for the 1st phase of the Town Center project B. Resolution #92-39 relative to Budget Adjustment BA-7 for funding for watermain replacement 7. Ordinances: A. Final reading and public hearing of Ordinance #95-92-53 relative to tree protection, permits, inspections etc. B. Introduction and first reading of Ordinance #75-92-10 relative to parking trailers, motors homes etc. in residential districts C. Introduction and first reading of Ordinance #55-92-27 relative to providing monthly billing for solid waste 8. New Business: A. Discussion and related action regarding a proposed policy for private use of the City newsletter (City Clerk Maureen King) B. Recommendation and related action regarding lease/purchase of municipal equipment (Finance Director Kirk Wendland) D. Discussion and related action concerning hydraulic share agreement for Mr. Brotman E. Discussion and related action relative to engineering proposal for completion of design services for Oak Harbor sewer rehab (PW Director Robert Kosoy) F. Appeal of variance denial by Community Development Board to construct a screen enclosure in violation of rear setback (Margaret Cresson) (City Planner George Worley) G. Appeal of variance denial by Community Development Board request for variance to retain an unpermitted screen enclosure (Lori Hesketh) (City Planner George Worley) H. Appeal of variance denial by the Community Development Board to park an RV in the front yard set back (Clyde Asbury) (City Planner George Worley) I. Appeal of variance denial by Community Development Board to construct a garage apartment on a substandard lot (Townsend Hawkes) (City Planner George Worley) J. Final plat approval for William Morgan (City Planner George Worley) 9. City Manager Reports and/or Correspondence: 10. Mayor to call on City Commissioners, City Attorney and City Clerk: A. To set holiday hours for Christmas eve day Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7: 15 O O PM ON MONDAY, DECEMBER 14, 1992 T T E E PRESENT: William I . Gulliford, Jr. , Mayor 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 AhsPnt! Glenn A, Edwards, Commissioner (Pxcussad ) The meeting was called to order by Mayor Gulliford. Commissioner Fletcher offered the invocation and asked for a moment of silence in memory of Louise Edwards, wife of City Commissioner Glenn A. Edwards. This was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of November 23, 1992. Fletcher x Motion: Approve minutes of the Tucker x x regular meeting of November 23, 1992 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Approval of the minutes of the special called meeting of December 2, 1992 . Fletcher x Motion: Approve minutes of the Tucker x x special called meeting of December Waters x x 2, 1992 . Gulliford x No discussion before the vote. The motion carried unanimously. 2 . Recognition of Visitors: There were no visitors. 3. Appearances: A. Recognition of Continental Cablevision of Jacksonville Mayor Gulliford presented a plaque to Ann Murphy, Public Relations Manager, Continental Cablevision of V V PAGE 2 NAME OF MINUTES,December 14 , 1992 COMMRS. MSYN Jacksonville, in recognition of Continental Cablevision' s continuous support and contributions to the City. 4. Old Business: A. Appointments to Code Enforcement Board, Community Development Board and Pension Board of Trustees Mayor Gulliford felt that formal action to appoint people to boards should be deferred until the next meeting so that Commissioner Edwards would be able to participate. It was announced there were two vacancies on the Code Enforcement Board. The Mayor reported John Fletcher indicated his desire to serve on the Pension Board and Mary Walker indicated her desire to serve on the Community Development Board. 5. Consent Agenda: A. Report on Plaza Road B. Report on usage of Adele Grage Community Center for November 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. Resolution: A. Resolution No. 92-38: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full, in writing, Resolution 92-38 . Fletcher x x Motion: Approve passage of Tucker x Resolution 92-38 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Resolution No. 92-39: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full, in writing, Resolution Fletcher x x 92-39 . Tucker x Motion: Approve passage of Waters x x Resolution 92-39 Gulliford x V V PAGE 3 NAME OF MINUTES, December 14 , 1992 COMMAS. MSYN No discussion before the vote. The motion carried unanimously. 7. Ordinances: A. Ordinance No. 95-92-53 - 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. Prior to presenting Ordinance 95-92-53 Mayor Gulliford announced a new version of the tree ordinance was being drafted by the Tree Board. The new version was the result of discussions held between the City Commission and the Tree Board. Mayor Gulliford presented in full, in writing, Ordinance INo. 95-92-53, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Ken Scudder urged the Commission to defeat ordinance 95- 92-53. He felt the ordinance interfered with the right of a property owner to do what he wished to his own property. Since no one wished to speak further the Mayor closed the Public Hearing. Fletcher x Motion: Defeat Ordinance 95-92-53 Tucker x x on Final Reading Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford announced the new version of the Tree Ordinance would be presented on its first reading at the first meeting in January, 1993 . B. Ordinance #75-92-10 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #75-92-10. V V PAGE 4 NAME OF MINUTES, December 14 , 1992 COMMAS. MSYN AN ORDINANCE AMENDING ORDINANCE NO. 90-82-74, BEING AN ORDINANCE ENTITLED: "AN ORDINANCE AMENDING CHAPTER 24 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH TO ALLOW PARKING OF TRAVEL TRAILERS, MOTOR HOMES, HAULING TRAILERS OR BOAT TRAILERS IN RESIDENTIAL DISTRICTS ON PRIVATE PROPERTY IN FRONT OF THE FRONT YARD BUILDING LINE. Motion: Approve passage of Fletcher x Ordinance #75-92-10 on its first Tucker x x reading and set public hearing for Waters x x January 11, 1993 Gulliford x A discussion ensued and it was determined a hardship of certain individuals prompted the proposed change in the existing ordinance. The question was called and the motion carried with a 3-1 vote, with Commissioner Waters voting nay. C. Ordinance #55-92-27 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #55-92-27. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 16, SOLID WASTE, AMENDING SECTION 16-8, FEES AND COLLECTIONS, TO PROVIDE FOR MONTHLY BILLING, PROVIDING AN EFFECTIVE DATE. Fletcher x x Motion: Approve passage of Tucker x Ordinance #55-92-27 on its first Waters x x reading and set public hearing for Gulliford x January 11, 1993 No discussion before the vote. The motion carried unanimously. 8. New Business: A. Discussion and related action regarding a proposed policy for private use of the City newsletter City Clerk Maureen King recommended establishing a fee for all advertising, including advertising by charitable and non-profit organizations for the City Newsletter. A discussion ensued and it was decided fees to be charged would be across-the-board, not more than one page would be set aside for advertising, and it would cost $50 for 1/8 page of advertising. V V PAGE 5 NAME OF MINUTES, December 14 , 199?_ COMMRS. MSYN Fletcher x x Motion: Authorize staff to charge Tucker x an across-the-board fee, regardless Waters x x of organization, of $50 for 1/8 Gulliford x page of advertising in City Newsletter, with not more than one page of the Newsletter used for advertising purposes No discussion before the vote. The motion carried unanimously. B. Recommendation and related action regarding lease/purchase of municipal equipment Kirk Wendland, Finance Director, reported concerning financial proposals the City received at its November 22, 1992 bid opening to enable the City to enter into a lease purchase arrangement to buy municipal equipment such as a microfilm reader-printer, backhoe, riding mower and other vehicles that will be used by public works and the parks and recreation department. He recommended entering into an arrangement with Liberty National Leasing Company in the amount of $499, 500 at 5.33 percent interest over three years. Motion: Approve entering into an Fletcher x x arrangement with Liberty National Tucker x Leasing Company in the amount of Waters x x $499, 500 at a fixed rate of 5.33 Gulliford x percent interest over three years A discussion ensued concerning fixed rate versus variable rate, and it was explained at this particular time in the economy the fixed rate of 5.33 percent was an excellent rate. The question was called and the motion carried unanimously. D. Discussion and related action concerning hydraulic share agreement for Mr. Brotman City Attorney Alan Jensen explained this pertained to the desire of Solomon and Leslie Brotman, 2041 Beach Avenue, to obtain a Wastewater Main Extension Agreement between themselves and the City. He introduced Gary Wilkinson, Attorney, who represented Mr. & Mrs. Brotman. Mr. Wilkinson explained in order for the Brotmans to get wastewater to their property they had to sink a manhole and run the line, as there was no permanent water main. V V PAGE 6 NAME OF MINUTES, ileceimer 14 , 1992 COMMRS. MSYN He explained this work resulted in considerable expense to the Brotmans and, in order for the Brotmans to recoup their costs for the outlay they have had to make for this sewer line, they would like the city to extend their agreement beyond the normal time period of five years. Mr. Wilkinson explained there were two issues to be considered ( 1 ) in order for the Brotmans to recoup their investment they were requesting the Commission to extend the contract for 12 or 15 years, and ( 2 ) if the Brotmans do not recoup their investment, they should not be assessed when a permanent line is installed. If, however, they are able to recoup their investment, they would be assessed their share for the installation of the permanent line. Commissioner Fletcher suggested leaving the agreement at five years, after which a review would be conducted by the Commission. The Mayor summarized the matter as follows ( 1 ) the Brotmans would like to have the opportunity to recoup part of their investment, ( 2 ) they would like to have a longer term than the normal five years, and ( 3 ) they did not wish to be assessed for the permanent line that would run in front of their house if they had not been compensated for the temporary line they had already installed. A discussion ensued and it was decided to refer this matter to the Water and Sewer Committee for their review and consideration, with a report due back to the Commission in 60 days. In the meantime, if someone taps into the line, the Brotmans should be compensated accordingly. Motion: Refer matter related to Fletcher x x Wastewater Main Extension Agreement Tucker x x with Solomon and Leslie Brotman, Waters x 2041 Beach Avenue, to Water and Sulliford x Sewer Committee, with a report due within 60 days. In the meantime, if someone taps into line Brotmans have installed, they should be compensated accordingly. No discussion before the vote. The motion carried unanimously. E. Discussion and related action relative to engineering V V PAGE 7 NAME OF MINUTES December 14 , 1992 COMMRS. MSYN proposal for completion of design services for Oak Harbor sewer rehab Public Works Director Bob Kosoy presented engineering design services for completion of Oak Harbor Sewer Rehabilitation. He reported a proposal had been received from Gee & Jenson to complete Phases II through Phase IV in the Oak Harbor Subdivision for a total amount of $44, 260.00. He recommended Commission approval of the Gee & Jenson proposal . Commissioner Tucker felt the auto mileage to be charged to the city should be $0. 26 instead of the proposed $0.33. Representatives from Gee and Jenson were present in the audience and agreed to reduce the amount of mileage to be charged to the city from $0.33 to $0. 26 . Motion: Accept Gee & Jenson Fletcher x x proposal to complete Phases II Tucker x through Phase IV in the Oak Harbor Waters x x Subdivision for a total amount of Gulliford x $44, 260.00, with the auto mileage reduced from $0.33 to $0. 26 No discussion before the vote. The motion carried unanimously. F. Appeal of variance denial by Community Development Board to construct a screen enclosure in violation of rear setback (Margaret Cresson) (This was removed from the Agenda by Ms. Cresson) G. Appeal of variance denial by Community Development Board request for variance to retain an unpermitted screen enclosure (Laurie Hesketh) George Worley, City Planner, presented an appeal of a variance denial by Laurie Hesketh. He explained Ms. Hesketh had a screened enclosure constructed at the rear of her home located at 403 Seaspray Avenue, which was in violation of the required rear setback. Ms. Hesketh applied for a variance to keep the structure as built. By a vote of 4-3 the Community Development Board had denied the request. Mayor Gulliford explained the Commission would only be able to overturn the Community Board' s decision if it was felt the Board acted illegally. V V PAGE 8 NAME OF MINUTES, December 14 , 1992 COMMAS. MSYN Laurie Hesketh indicated a member of the Community Development Board stated an elderly lady had been turned down by the board for a similar request. Ms. Hesketh felt each case should be handled individually. She added she did not know if the action of the Board was illegal, but she felt she had been treated unfairly. A discussion ensued and it was felt the Board did not act illegally and, thus, the Commission decided to uphold the action taken by the Community Development Board. Fletcher x x Motion: Uphold action of the Tucker x Community Development Board to deny Waters x x variance of Laurie Hesketh, 403 Gulliford x Seaspray Avenue, to retain screened enclosure as built No discussion before the vote. The motion carried unanimously. H. Appeal of variance denial by the Community Development Board to park an RV in the front yard set back (Clyde Asbury) George Worley, City Planner, presented an appeal of a variance denial by Clyde Asbury. Mr. Worley explained Mr. Asbury' s RV was parked on his property at 545 Seaspray Avenue in violation of the required front yard setback. Mr. Asbury requested a variance to this setback requirement at the Community Development Board and his request was denied. Clyde Asbury explained he was disabled and handicapped and his motor home was his only means of recreation. He indicated he had received signed statements from his neighbors indicating they had no objections to the RV remaining in his front yard. Mayor Gulliford explained the Commission would only be able to overturn a decision of the Community Development Board if it was felt the Board acted in an illegal manner. A discussion ensued and it was felt the Board did not act illegally and, thus, the Commission decided to uphold the action taken by the Community Development Board to deny variance to park RV in front yard at 545 Seaspray Avenue. Fletcher x x Motion: Uphold action of the Tucker x Community Development Board to deny Waters x x Sulliford x V V PAGE 9 NAME OF • MINUTES December 14 , 1992 COMMRS. MSYN variance of Clyde Asbury, 545 Seaspray Avenue, to park RV in front yard in violation of the required front yard setback No discussion before the vote. The motion carried unanimously. I. Appeal of variance denial by Community Development Board to construct a garage apartment on a substandard lot (Townsend Hawkes) (This was removed from the agenda at the request of Mr. Hawkes) J. Final Plat approval for William Morgan George Worley, City Planner, presented final plant approval for William Morgan. He explained Mr. Morgan was the owner of the property on the north side of 19th Street and would like to subdivide that property into six lots for future residential development. Mr. Worley reported Mr. Morgan had submitted a plat drawing which was reviewed by the Community Development Board at its last meeting. The Board unanimously voted to approve the .proposed plat and encouraged the building of single- family homes on the new lots. Motion: Approve final plat for Fletcher x. William Morgan to subdivide property Tucker x x on the north side of 19th Street Waters x x into six lots for future residential Gulliford x development No discussion before the vote. The motion carried unanimously. 9. City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, reported he received communication from the Department of Natural Resources (DNR) regarding a letter he had written concerning the Model Lighting Ordinance. He indicated the DNR would review comments and he asked Commissioners for their input. He also distributed a copy of the Tree Ordinance of the City of Tallahassee. Bob Kosoy reported the Public Works Department would have use of a sanitation collection vehicle from Hardee Equipment for two weeks in an effort to determine if the City would like to purchase same. If the vehicle is unsatisfactory, the vehicle can be returned at no V V PAGE10 NAME OF 11, MINUTES December 14 , 1992 COMMRS. MSYN obligation to the City. 10. Mayor to call on City Commissioners, City Attorney and City Clerk: Alan Jensen, City Attorney, reported concerning streets in Selva Marina. He indicated all the streets were private streets. He added some deeds indicated the title went to the center of the street, and he felt the only way to determine that would be to have every lot searched by the title company. He reported Selva Marina Drive, north of Saturiba, was also a private street according to the title company. Commissioner Fletcher asked that commercial recycling and the possibility of recycling white paper be placed on the next agenda. He indicated he would like to have the matter of delegating temporary street closings for various functions placed on the next agenda. Commissioner Waters indicated he had input from citizens who were opposed to recreational vehicles parked in front . yards. Mayor Gulliford announced City Hall would be closed one- half day December 24, 1992 in observance of Christmas Eve. There being no further business the eting journed at 9 :35 p. m. 1 A William I . Gulls or. `r. Mayor/Presiding 0 •r A T T E S T: Mau een King, ity ' lerk