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10-08-79 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA October 8, 1979 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of September 24 1979 Approval of the Minutes of October 2, 1979 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board A. Report on P.U.D. Application of Lee Ross B. Report on P.U.D. Application of Richard Hamilton, Jr. 5. City Manager's Report 6. New Business A. Public Hearing - Community Development Block Grant Application B. Bid Opening - Specifications 79-5 - Police Patrol Cars 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 95-79-18 - Regulating Mini-Warehouses - Third & Final Reading - Public Hearing 11. Miscellaneous Business 12. Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON OCTOBER 8, 1979 AT 8:00 PM V V 0 0 PRESENT: William S. Howell, Mayor-Commissioner T T Alan C. Jensen E E James E. Mhoon D D L. W. Minton, Jr. Catherine G. Van Ness, Commissioners M S AND: Bill M. Davis, City Manager 0 E Oliver C. Ball, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of September 24, 1979 Jensen x Motion: The Minutes of the Regular Commission Meeting of September Mhoon x x 24, 1979 be approved as submitted. Minton x x Van Ness x ; „ ;; ; ;; ;; ;; Howell x Approval of the Minutes of October 2, 1979 Jensen x Motion: The Minutes of the Regular Commission Meeting of October 2, Mhoon x x 1979 be approved as submitted. Minton x Van Ness x x ;; ;; ;; ,. ;: ;; ;; ;; ,. ;; ;; ;; ;; ;; ;; „ „ ,. A ;; ,. ;; ;; ,. ,. ;: Howell x Recognition of Visitors The Chair recognized Mr. John Alexander, attorney representing Mr. Mike Ash. Mr. Alexander asked that a re-consideration be given on lir. Ash's application for an extension of mini-warehouses on Atlantic Boulevard (see Minutes of August 27, 1979- Public Hearing) . The Mayor stated that the City Code provides the rule that the Commission does not have to take action on any item not on the agenda, and suggested that Mr. Alexander submit a formal request to the City Manager to be placed on the agenda for the next meeting. The Mayor also suggested, if possible, the request should provide factual information of no objections from the adjoining residents. Mayor Howell welcomed Miss Jeannie Dunbar, Miss Jacksonville, and Councilman Forrest Boone, representative from the 1st District of the Jacksonville Council, who were in the audience, and thanked them for attending the meeting. Correspondence Mr. Davis read a letter from the office of the Governor advising receipt of the City's telegram. The letter stated that on September 28, 1979, the PAGE TWO V V MINUTES Names of OCTOBER 8,197• Commrs. MS Y N Correspondence - continued Governor did request the Small Business Administration (SBA) to decl. e Duval County a disaster area making our City eligible for low intere-t loans, and advised the City would hear the status on the request in the next few days. Mr. Davis added the request has been forwarded to the President of the United States by way of an Atlanta Regional office, and that he was informed on Friday there was still the possibility that the Beaches might still be in order for a declaratim for disaster assistance. Advisory Planning Board A. Report on P.U.D. Application of Mr. D. Lee Ross Commissioner Van Ness reported that Mr. Ross had submitted a revised application under Planned Unit Development to the Advisory Planning Board on October 3rd. The application was for a proposed constructim of Multi-unit complex to be located on the North West corner of 7th and East Coast Drive. Commissioner Van Ness stated that the Adviso Planning Board had recommended approval. Motion: Accept the recommendation of the Planning Board and set Jensen x x a Public Hearing. Mintn Minton x Public Hearing set for November 12, 1979. Van Ness x x ; ;; ;, ;; A ; ;; ;; ;; :; Howell x B.Report on P.U.D. Application of Richard Hamilton, Jr. Commissioner Van Ness reported an the Advisory Planning Board's rec.-A- mendation of Richard Hamilton's proposed P.U.D. development of /Y/4 lo s on an 18 acre plot of the 0ld Bull Airport. She stated the concept gas approved, but the Board had recommended that 11th St. be allowed to remain open and enough land for a street right-of-way should be obtained by the City on the P.U.D. application to keep 11th Street for the future. Mr. Davis added that the proposed Comprehensive Plan shows 11th St. as a connector route from East to West and had been recommended by the Advisory Planning Committee. Commissioner Van Ness stated that as 11th St. is not a platted street, the land would have to be obtained from the owners on both sides, and added it was her understanding that Mr. Hamilton had agreed to donate a 30 foot strip on his side. Mr. Hamilton presented plans of his proposed project (a community within a community) and stated for all intent and purposes he felt that his project, other than size, was precisely the same as Mr. Bull's project that had been approved previously under P.U.D. without the extension of 11th Street. Mr. Hamilton stated for the record that he wished to totally cooperate with the City, but felt it would be to his disadvantage for 11th Street to be used as a connector route; however, if the Commission felt it to be the best interest of the City, he would probably donate the necessary 30 foot strip for a right-of-way. Mr. Alexander was introduced and asked when the Comprehensive Plan would have to be adopted by the City. N . Davis replied hopefully by this December, but the deadline is January,1980 PAGE TREE V V MINUTES Names of OCTOBER 8,1979 Commrs. MS Y N • •6-moi--► - J Advisory Planning Board - continued Jensen x Motion: Move to send the Planned Unit Development application Mhoon x of Mr. Richard Hamilton, Jr. to a Public Hearing. Minton x x Van Ness x x Public Hearing set for November 12, 1979 Howell x City Manager's Report Mr. Davis requested permission to pay a bill from Coffman & Coleman, attorneys representing the City of Atlantic Beach in the Murphy case, in the amount of $1,600. Motion: Approve payment of statement from Coffman & Coleman, moon x x in the amount of $1,600. Minton x x Van Ness x ;; ;; ;; ;: ,. ;; ;: ;; ;; ;; ;; ;; ;: ;; ;; ; ;: ; ;'; ;; ;; ;; ;; :; ,. Howell x The double taxation suit was filed on Friday, September 28, 1979, and Commissioners Jensen and Van Ness, Attorney Ball, and Mr. Davis had been assured the Council Auditor would be in touch when they had reached some conclusion as to the City's claim. Mr. Davis added that the City is experiencing numerous sewer cave- ins as the water table recedes with one major problem at David and Magnolia and stated the City crews were unable to cope with the situation. He requested permission to hire Jax Utilities to complet- the work. Jensen x Motion:Move to give the City Manager the necessary authority to ivhoon x x approve payment to Jax Utilities for required repairs. Minton x Van Ness x x ;. ;: ;; ;; ;; ;; ;: ;; ;, ;: ;; ;'; ;; ;: ;; ;; ;' Howell x New Business A. Public Hearing - Community Development Block Grant Application The Chair recognized Mr. Don Ruckman, of Bessent, Hammock & Buckman who introduced Mr. Jim Lucas. Mr. Lucas gave a short presentation of what was proposed for the 1980 CDBG program. He stated this was a comprehensive grant for activities to be concentrated in the low and moderate income area and classified as the target area. The program would consist of rehabilitating twenty homes within the target area, paving Park Street, installing a lift station and sewers to pick up the western part of the target area that is presently un-severed. The total grant comnittment is $320,000 to include $160,000 for housing rehabilitation, $20,000 for Code enforcement, $10,000 for recreation rehabilitation, $110,000 for Public Works, and $20,000 for administration. Mrs. Doris Williams inquired if the drainage would be improved, and Mr. Rucknan replied in the affirmative. He added that sewers would be laid on George to Dudley and on Park St. Commissioner Minton asked when the City could expect to hear if the PAGE FOUR V V MINUTES Names of OCTOBER 8, 1979 Commr s. MS Y N Public Hearing - continued pre-application is approved. Mr. Lucas answered that HUD's schedule is to review the pre-applications for sixty days. The deadline for filing is October 15th and HUD hopes to finish the review by Decembe. 15th. If approved, HUD will invite you to submit an application by forty-five days. If the application is approved, work could start around June 30, 1980. There being no further questions, the Mayor declared the Public Hearing closed. Jensen x Motion: The basic concept be approved and the Mayor be authorize. Mhoon x x to sign the necessary applications. Minton x Van Ness x x ,. ;: ;; ;; ;; ;; ,, ,, ;; ;; ;, Howell x Bid Opening - Specifications 79-5 - Police Patrol Cars The following bids were received and opened: 1. Regency Dodge, Inc. 9875 Atlantic Blvd, Jax,Fla. Five new police cars less trade-in $27,000.00 net 2. Nimnicht Chevrolet 1550 Cassat Avenue,Jax.Fla. Five new police cars less trade-in $28,497.70 with two tone paint - locally -$65.00 " II " - factory -$95.94 3. Lee Chevrolet, Inc. Jacksonville, Fla. Five 1980 Police cars less trade-in: 305-V8-4BBL $31,287.00 350-V8-4BBL $32,041.00 Mr. Davis suggested the bids be sent to committee. Jensen x Motion: Bids be sent to committee. Mhoon x Commissioners Mhoon & Jensen,City Manager & Chief of Minton x x Police to serve on the committee. Van Ness x x ,. ;: ;: ,: ,: ;: ;: ,. ,. ;: ;: ;; ;: ;; ;; ;; ,, ,, ,, ;; ;; ,, ,, ,, ;: Howell x Commissioner Jensen suggested a recess be taken after agenda and call a committee meeting to award the bid. Committee agreed. Action on Ordinances A. Ordinance No. 95-79-18 - Regulating Mini-Warehouses - Third and Final Reading - Public Hearing AN ORDINANCE REGULATING MINI-WAREHOUSES THE CONDUCT AND USE THEREOF: PROVIDING AN EFFECTIVE DATE. PAGE FIVE V V MINUTES Names of OCTOBER 8, 1979 Commrs . MS Y N - • Action on Ordinances - continued Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Howell. Said Ordinance was posted in line with Charter requirements. Mayor Howell then opened the meeting for a Public Hearing. Mrs. Ruth Gregg, Sailfish Drive, inquired if fencing would be required, and hours would be set. Mayor Howell stated that after discussion with the legal department, the decision was made not to include fencing and control of hours. He added that any business presently occupying mini-warehouses would be grandfathered in, but no mini-warehouse owner or manager would be allowed to rent to any new business after the passage of the Ordinance. New rentals will be strictly dead storage only. As no one else spoke for or against, the Mayor closed the Public Hearing. Jensen x Motion: Said Ordinance No. 95-79-18 he passed on third and Mhoon x x final reading. Minton x Van Ness x x - Howell x Miscellaneous Business Congratulations went to Commissioner Mhoon for re-election to seat #2, and to Mayor Howell and Commissioner Jensen, who were unopposed for seats .#1 and 3. With great pride, Commissioner Minton presented and read in full Resolution 79-22, A Resolution Endorsing Mayor William S. Howell for First Vice-President of the Florida League of Cities. Jensen x Motion: Passage of said Resolution. Copy of Resolution 79-22 is Mhoon x attached hereto and made a part hereof. Minton x x Van Ness x x ;; ;; ;, ;; ;; ;; ;; ;; ;; ;; ;. ;; ;. ;; ;, ;; ;; ;: ;. ;: ;; ;; ;. „ ;: ;: Howell x Mayor Howell announced that a meeting on the double taxation issue had been held earlier in the day with City of Jacksonville officials Among those attending were Mr. Huntley, President of the Finance Committee; Nr. Gene McCloud; former Judge Roger Waybright; Mr. Bob Johnson; Mr. Steve Stratford, Jacksonville Beach City attorney; Mr. Wayne Bowers, City Manager of Jacksonville Beach, and himself. The Mayor noted that the Beaches are well prepared to defend their issue and hopefully another meeting will be scheduled for the next week. The Mayor then declared a recess in order until 9:30 P.M. PACE SIX V V MINUTES Names of OCTOBER 8,1979 Commr s . MS Y N 9:30 P.M. Mayor Howell called the meeting back to order and called on Commissioner Mhoon for a committee report on the bid award of five police cars. Commissioner Mhoon reported that the committee recoTm rded Nimnicht Chevrolet be awarded the bid. The Mayor asked why, and Commissioner Mhoon replied that Ninnicht Chevrolet is the only cornpary to put out a police package on automobiles, and after reviewing the bids, the committee found the cages presently owned by the City woulc only fit the Chevrolet. This would create an expense in excess of $3,000 if the law bidder, Regency Dodge was awarded the bid. Motion: Acceptance of the bid of Nirmicht Chevrolet for five Jensen x 1980 police cars, in the amount of $28,497. 70 net. Mhoon x Delivery date in 90 days. Minton x x Van Ness x x ;; ;; ;; ;; ;; ;; ;; ;; ;; ;: ;; ;; ;; ;; ,. ;; ,: ;. ;: ;: ;: ,. ,. ;; ;: Howell x There being no further business, Mayor Howell declared that the meeting be adjourned. . - : e Mayor-Commission - (SEAL) A i1ST: ',/• / J(2 Ade aide R. Tucker City Clerk CITY OF 7 716 OCEAN BOULEVARD-DRAWER 25 ATLANTIC BEACH. FLORIDA 32233 October 8, 1979 CITY MANAGER'S REPORT I am in receipt of a bill from Coffman & Coleman, attorneys representing the City of Atlantic Beach in the Murphy matter. I respectfully request permission to pay the same. The double taxation suit was filed last Friday, September 28, 1979, Prior to the filing of the suit, I, along with Commissioners Jensen and Van Ness and Attorney Ball, conferred with officials of the City of Jacksonville as regards this matter. They were unable to impart any information, but assured us they would be in touch when the Council Auditor and others had reached some conclusion as to the City of Atlantic Beach 's claim. Damage estimates have been prepared and submitted to Duval County Civil Defense Disaster Preparedness Section relating to the recent flood damage incurred by citizens and the City alike. I have been contacted by the Governor 's office and advised that they are reviewing our damage estimates and at such time that they reach a determination as to our eligibility, they will be back in touch. As regards the above matter, this City is experiencing numerous sewer cave- ins as the water table recedes. I have placed our crews on the alert to keep these sewer line failures repaired as soon as possible. Congratulations, Dr. Mhoon, on your re-election to Seat #2. Respectfully submitted, _ J aft) >,2. /(0 Bill M. Davis City Manager BMD:jl WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner BILL M. DAVIS OLIVER C. BALL MRS. ADELAIDE R. TUCKER CARL STUCK! RICHARD HILLIARD City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works and Fire Department Introduced by Commissioner Minton A RESOLUTION ENDORSING MAYOR WILLIAM S. HOWELL FOR FIRST VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES WHEREAS, the Honorable William S. Howell has devoted himself to public service in the city of his residence, Atlantic Beach, Florida, and WHEREAS, this period of time covers some eighteen years during which time he has exemplified a true spirit of unselfish devotion toward his fellow man by and through his service to the citizens of Atlantic Beach, Florida, and WHEREAS, he has ably performed his elective responsibilities as both City Commissioner and Mayor with a skill and ability, always tempering the foregoing with humility and humbleness of purpose, and WHEREAS, he has served long and diligently as a member of the Board of Directors and as Second Vice-President of the Florida League of Cities, six years as a Director and one year as Second Vice-President, and he has served well in those capacities, and NOW, THEREFORE, BE IT RESOLVED by the membership of the City Commission of the City of Atlantic Beach that Mayor William S. Howell is being requested, by the passage of this Resolution, to seek a more significant role in the affairs of the Florida League of Cities, to wit: First Vice- President. * * * * * * * * * * Passed by the City Commission October 8 1979. ATTEST: (SEAL) C : ""u'lp} �.�LLi Adelaide R. Tucker City Clerk RESOLUTION NO. 79-21 WHEREAS, the Inspectors and the Clerk of the Primary Election held in Atlantic Beach, Florida, on October 2, 1979, for the purpose of electing a Mayor-Commissioner for Seat #1, and two Commissioners for Seats 2 and 3, canvassed the votes cast and did make the returns on the same in words as follows: