09-08-86 v AMENDED AGENDA - Amended to change Item 7B
AGENDA
CITY OF ATLANTIC BEACH
September 8, 1986
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of August 25
2. Recognition of visitors
3. Action by the City Commission of proposals to establish a moratori-
um on the use of septic tanks in Section H
4. Action on Resolutions:
A. Resolution No. 86-17 - Adoption of a Resolution authorizing
the Mayor and Clerk to execute a Memorandum of Agreement for
the maintenance of highway landscaping between the City of
Atlantic Beach and the State Department of Transportation for
the maintenance of palm trees along Atlantic Boulevard right
of way
B. Resolution No. 86-18 - Adoption of a Resolution transferring
monies between funds to recognize the expenditure of
$35,500.00 in legal fees in connection with the Florida League
of Cities Loan program
5. Action on Exceptions:
A. Public hearing on an application by Brian Feltis for an
exception to operate a contractor's office in a CG zone, with
no outside storage, on Atlantic Boulevard
B. Public hearing on an application by Karl and Jo-Ann Grunewald
to establish a cabinet shop by exception in a CG zoned area at
92 West Eighth Street
C. Public hearing on an application by Ashland Investments for an
exception for businesses at 1089, 1091, and 1095, Atlantic
Boulevard in accordance with attachment A.
6. Action on Ordinances:
A. Ordinance No. 90-86-108 - Public hearing on an Ordinance
amending the Ordinance Code of the City of Atlantic Beach,
Florida, to provide cabinet shops as allowable by exception in
CG zoned districts
B. Ordinance No. 90-86-103 - Public hearing on an Ordinance
amending the Ordinance Code of the City of Atlantic Beach to
establish a Single Use District in the far western area of
Section H.
7. Official public hearing on the proposed City budget for the fiscal
year beginning October 1 , 1986, and ending September 30, 1987:
(According to Florida Statutes 200.065, the first item to be
discussed is the tentative millage, following which a discussion of
the tentative budget shall be held with those members of the public
attending the meeting.)
A. Resolution No. 86-19 - Adoption of a Resolution setting the
millage rate for the City budget year beginning October 1 ,
1986
B. Resolution No. 86-21 - Adoption of a Resolution estimating
revenues and authorizing appropriations and expenditures for
the new fiscal year beginning October 1, 1986.
8. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON SEPTEMBER 8, 1986 AT 7:15 PM. V V
O O
T T
PRESENT: William S.Howell, Mayor-Commissioner E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. , Commissioners M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
® Adelaide R. Tucker, City Clerk• NAME OF ONEN
ABSENT: John W. Morris, Jr. , Commissioner - Out of Town COMMRS. NDSO
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
1.Approval of the minutes of the regular meeting of August 25, 1986
Motion: Approve the minutes of the regular meeting of August 25, Cook x x
1986 as submitted. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2. Recognition of visitors - none
J. Action by the City Commission of proposals to establish a moratorium
on the use of septic tanks in Section H
Mayor Howell presented in full, in writing Resolution No. 86-20, a
Resolution establishing a moratorium on the use of septic tanks in
Section H.
Motion: Adopt Resolution No. 86-20. Cook x
Edwards x x
No discussion before the vote. Motion carried unanimously. Copy of Gulliford x x
Resolution 86-20 attached hereto and made a part hereof. Howell x
:c * is * * * * * * * * * * * * * * * * * * * * * * * *.
ORDINANCE NO. 90-86-110, AN ORDINANCE ESTABLISHING A MORATORIUM OF UP TO
SIX MONTHS ON THE APPROVAL OF BUILDING PERMITS WITHIN SECTION H OF THE
CITY OF ATLANTIC BEACH UNTIL COMPLETION OF STUDIES CONCERNING THE PROVIS-
ION OF SEWERAGE AND WATER UTILITIES TO THE AREA; PROVIDING A PROCEDURE
FOR OBTAINING RELEASE FROM THE MORATORIUM; PROVIDING FOR SEVERANCE; PRO-
VIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing, Ordinance No. 90-86-110 on
first reading.
Motion: Passage of Ordinance No. 90-86-110 on first reading. Cook x
Edwards x x
Gulliford x x
Mr. Mullis explained the Ordinance set forth the provision as they Howell x
considered to be required by State law in order to be sure of giving
due process and not deny equal protection of the law. The Ordinance
PAGE TWO V V
MINUTES NAME OF
SEPTEMBER 8, 1986 COMMRS. MS Y N
3. Continued
would be advertised and two Public Hearings would be held to ascertain
the reason for the moratorium and why it was needed in order to protect
the public health, safety,and welfare of the community. Mr. Mullis ex-
plained the Resolution just adopted was the interim moratorium until the
Ordinance was adopted. The question was called and the motion carried
unanimously. Mayor Howell set the Public Hearings for September 22, 1986
and October 13, 1986.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
4. Action on Resolutions:
A. Resolution No. 86-17
Mayor Howell presented in full, in writing, proposed Resolution 86-17,
a Resolution authorizing the Mayor and Clerk to execute a Memorandum of
Agreement between the City of Atlantic Beach and the State Department of
Transportation for the maintenance of highway landscaping of palm trees
to be effective two years after the date of the installation of said
plantings.
Motion: Passage of Resolution No. 86-17. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Copy of Howell x
said Resolution attached hereto and made a part thereof.
* * * .. * * * * * * ;: * * * * * * * * * * * * * * * * *
B. Resolution No. 86-18
Mayor Howell presented in full, in writing, proposed Resolution 86-18,
a Resolution transferring funds into professional services necessary
for payment of legal services associated with the Florida Municipal
Loan received by the city.
Motion: Passage of Resolution NO. 86-18. Cook x
Edwards x x
No discussion before the vote. Motion carried unanimously. Copy of Gulliford x x
said Resolution attached hereto and made a part thereof. Howell x
* * * * * * * * .. * * * * * * * * * * * * * * * * * * * * *
5. Action on Exceptions:
A. Public Hearing on an application by Brian Feltis for an except-
ion to operate a contractor's office in a CG zone, with no out-
side storage, on Atlantic Boulevard
Mayor Howell announced the Advisory Planning Board had considered the
pplication and recommended approval. There would be no outside storage.
He opened the floor for a Public Hearing and invited comments from the
audience. As no one spoke for or against, the Mayor declared the Public
Hearing closed.
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MINUTES NAME OF
SEPTEMBER 8,1986 COMMRS. MSYN
5. Action on Exceptions - continued A.
Motion: Approve the application by Brian Feltis for a Use by Cook x x
Exception to operate a contractor's office in a CG zone, Edwards x x
with no outside storage, on Atlantic Blvd. Gulliford x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Public Hearing on an application by Karl and Jo-Ann Grunewald to
establish a cabinet shop by exception in a CG zoned area at 92
West Eighth St.
Mayor Howell announced the Advisory Planning Board had considered the
application of Karl and Jo-Ann Grunewald, doing business as K & J
carpentry to operate an office and showroom for custom cabinets at
92 West Eighth St. and recommended approval of the application. The
Mayor opened the floor for a Public Hearing and invited comments from
the audience. As no one spoke for or against, Mayor Howell declared the
Public Hearing closed.
Motion: Approve the application by Karl and Jo-Ann Grunewald for Cook x
a Use by Exception to operate an office and showroom for Edwards x x
custom cabinets at 92 West Eighth St. Gulliford x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * ;; * * * * * * * * * * *
C. Public Hearing on an application by Ashland Investments for an
exception for businesses at 1089, 1091, and 1095 Atlantic Blvd.
Mayor Howell announced the Advisory Planning Board had considered the
application by Mike Ash for a Use by Exception for businesses at 1089,
1091 and 1095 Atlantic Blvd and recommended approval with the exceptions
of Atlantic Beach Welding and Surf Wax, Inc. The Mayor opened the floor
for a Public Hearing on the application with the exceptions of Atlantic
Beach Welding and Surf Wax, Inc. Mr. Alan Jensen, attorney representing
Ashland Investments advised the Commission he had requested a Use by Ex-
ception for all the businesses presently located at Ashland Center and
he asked the Commission to consider including the two above mentioned
businesses in the Use by Exception. Mayor Howell told Mr. Jensen the
present Ordinance did not provide for welding and manufacturing, but
they were both grandfathered in. As no one else spoke for or against,
the Mayor declared the Public Hearing closed.
Motion: Approve the application by Mike Ash for a Use by Exception Cook x
for businesses at 1089, 1091, and 1095 Atlantic Blvd. with Edwards x x
the exceptions of Atlantic Beach Welding and Surf Wax,Inc. Gulliford x x
Howell x
lo discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * ;: * * * * * * * * * * *
PAGE FOUR V V
MINUTES NAME OF
SEPTEMBER 8, 1986 COMMRS. M S Y N
6. Action on Ordinances:
A. Ordinance No. 90-86-108 - Public Hearing and final reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-111,
SUBPARAGRAPH (c) TO PROVIDE CABINET SHOPS AS ALLOWABLE BY EXCEPTION;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 90-86-108 in full, in writing on
second and final reading. Said Ordinance was posted in line with
Charter requirements. The Mayor opened the floor for a Public Hearing
and invited comments from the audience. As no one spoke for or against
the Ordinance, the Mayor declared the Public Hearing closed.
Motion: Passage of Ordinance No. 90-86-108 on second and final Cook x
reading. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Ordinance No. 90-86-103 - Public Hearing and final reading
di ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, TO ESTABLISH A
SINGLE USE DISTRICT; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 90-86-103 in full, in writing on
second and final reading. Said Ordinance was posted in line with
Charter requirements. The Mayor announced the Ordinance was passed on
first reading on May 27, 1986. It was later opened for a Public Hearing
on July 14, 1986 which was re-advertised and carried over until September
8, 1986.
Mr. Fellows advised the Commission a Staff member had visited the pro-
perty to establish exactly what type of activities were being carried
on at the scene. They found the activities being carried on and the
material on location were much more extensive than the original Ordi-
nance called for. He suggested an amendment to the Ordinance to properly
reflect what was on site: (b) (1) nR t� -i�se� °- yard/j-ux aid.
rc3trit�6ec4-- ^mob, 1 es an(1 hnats., Amendment: (b) (1) Permitted Use.
Salvage yard/junk yard restricted to automobiles, trucks, motorcycles,
mobile homes,other vehicles, boats, septic tanks, and other metal scrap.
(f) (1) I444,-heil..dings").£_any.Jind retial 11Q a 11nwedjja_the.d. atcjct excep.t-
a-s agie-€aRIiiy-residence-€ate-the-aulue -ara44. -epe�ater—af-tke-S.p.eel-ai
Use-distr Gt. Amendment: No buildings of any kind will be allowed in the
district except a single family residence for the owner, and/or operator
and members of their immediate families, and in addition thereto neces-
;ary repair/workshops as used in connection with the Permitted Use as
described above.
PAGE FIVE V V
MINUTES NAME OF
SEPTEMBER 8, 1986 COMMRS. MSYN
Motion: Move for adoption of the amendment to Ordinance Cook x
No. 90-86-103. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Howell opened the floor for a Public Hearing on Amended Ordinance
No. 90-86-103, and invited comments from the audience. Mr. Harry Mahon,
representing Mr. David Baker and several other land owners, offered their
objections to the Ordinance. Mr. Alan Jensen, representing Mr. Dagley
asked the Commission to formally recognize and approve what Mr. Dagley
and his family had been doing for years, even before he owned the pro-
perty. He also pointed out there was nothing in the Ordinance which
prevented the property from being transferred and a continuing use as a
salvage/junk yard.
Citizens opposing the Ordinance were Mr. Salami, owner of two lots close
to the proposed area to be re-zoned; George Prom, 2451 Anniston Rd. ,Jack-
sonville, nearby property owner, but not within 300' ; J.T. Roberts, owner
of Blocks 168 and 169; T. Politera, 800 Jasmine; Tina Turney, 801 Begonia
St. ;John Swindell, owner of Blk 114, within 300' ; Raymond Flock, owner of
Blk 138; and Jeanette Zion, owner of 6 lots at the corner of Begonia & 9th.
;itizens approving passage of the Ordinance were Vicki Jo Kinman, 351
Iain; Debra Dagley; Virginia Akers, 550 Main St. ; Donna Dagley; Owner
of home at 571 Orchid; Shirley Taylor, 480 W. 9th; Frank Floyd, 1350
Tulip; Sherry Dagley, 1080 West Plaza, and Lawrence Williams, 580 W.9th.
There being no one else to speak for or against, Mayor Howell declared
the Public Hearing closed. Following Commission discussion, Commissioner
Gulliford commented he felt Commissioner Morris should be present in
order to express his opinions on the Ordinance. He moved the following:
Motion: Pass action to vote until the next regular meeting of Cook x
September 22, 1986. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * .. * * * * * * * * * * * * * * * * * * * * *- * * * *
7. Official Public Hearing on the proposed City budget for the fiscal
year beginning October 1, 1986, and ending September 30, 1987.
A. Resolution No. 86-19
Mayor Howell presented in full, in writing, Resolution No.86-19, a
Resolution setting the millage rate for the City budget year beginning
October 1, 1986 at 1.8892 mills for ad valorem, and .35 mills for the
purposes of paying interest and principal on General Obligation bonds.
The Mayor opened the floor for a Public Hearing and invited comments
from the audience. As no one spoke for or against, the Mayor declared
the Public Hearing closed.
PAGE SIX V V
MINUTES NAME OF
SEPTEMBER 8,1986 COMMRS. MSYN
7. continued
Motion: Passage of Resolution No. 86-19. Cook x
Edwards x x
No discussion before the vote. Motion carried unanimously. Copy Gulliford x x
of said Resolution attached hereto and made a part thereof. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Resolution No. 86-21
Mayor Howell presented in full, in writing Resolution 86-21, a Resolution
estimating revenues and authorizing appropriations and expenditures for
the new fiscal year beginning October 1, 1986. The Mayor opened the floor
for a Public Hearing and invited comments from the audience. As no one
spoke for or against, the Mayor declared the Public Hearing closed.
Motion: Passage of Resolution No. 86-21. Edwards x
Gulliford x
Commissioner Gulliford asked about the new sheets to be inserted in the
budget. On the first page, he asked how much of the enterprise revenues
was restricted and how much was unrestricted. Mr. Royal replied on page
95, sewer fund, the only revenues not restricted were sewer service,
$732,000, and interest earnings of $55,500. Commissioner Gulliford
paid if you took the total revenues, and excluded those items considered
.iot operation based, you would be talking about a revenue generation of
$3,201,232 plus whatever unrestricted revenues from the enterprise funds
might be. When you go down to expenditures and take out sewer plant con-
struction and leave operating expenditures, you would be looking at
$6,188,400. He expressed concern on the last figure before the ending
balance: Sources & Uses of Working Capital showed a negative figure of
($286,020) which he felt was really deficit spending. He expressed the
opinion "when you compare operating revenues and operating expenditures
that they are out of balance, and at some point in the future, we will
have to bring those into balance by either cutting expenditures or by
increasing taxes, which I am very much opposed to. At first glance,
everything looks rosy, but if you look at it from the standpoint of
operations, I'm a little concerned, and would appreciate within the
next month or so, you would analyze that and compare what our actual Cook x
operating revenues versus our operating expenditures were, excluding Edwards x
capital expenditures, and let's see where we are as a City". The Gulliford x
question was called and the motion for passage carried unanimously. Howell x
Miscellaneous
Mayor Howell announced dates for the Public Hearings to be held on the
annexation. Public Hearings for residents of the proposed annexation
area were scheduled for October 6th and 20th at 7 :00 p.m. , and the hear-
ings for Atlantic Beach citizens will be on October 7th and October 28th,
also at 7p.m. in City Hall.
Mr. Mullis reported on funds Jacksonville had collected within the bound-
aries of Atlantic Beach from the levying of the Conventional Development
PAGE SEVEN V V
MINUTES NAME OF
SEPTEMBER 8, 1986 COMMRS. MSYN
Miscellaneous - continued
tax, better known as "the bed tax". As of the end of May, $15,399.88
had been withheld from the City of Atlantic Beach. The City Attorney/
Mayor will report back in the near future.
Mayor Howell advised the Commission bids would be coming in on the
televising of sewer lines on September 22nd. Due to the end of the budget
year, he felt they could expedite matters if the Commission had no object-
ions to open the bids during the day. They could appoint a Committee to
receive the bids in the morning of 9/22 for review and report at the
meeting at 7: 15 p.m. There were no objections from the Commission.
Mayor Howell appointed Commissioner Edwards, the City Manager, Mr. Braid,
and representatives from Smith & Gillespie to receive the bids at 10:00
a.m. , September 22nd, and report to the Commission that night.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 9:35 p.m.
_ Ali
-'ill .' owell
Mayor/Presiding Officer
ATTEST:
alZatixl-bU
Adelaide R. Tucker
City Clerk