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01-25-82 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA January 25, 1982 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 11, 1982 2. Recognition of Visitors 3. Correspondence A. Letter from Carol Johnson re Garbage Collection Service B. Letter to Duval County Legislative Delegation re One Cent Additional Sales Tax C. Letter from City of Tampa re Support for HB 109 (Inspection Warrants) D. Letter from Miriam S. Braswell re Request to Refill Swimming Pool 4. Advisory Planning Board A. Extension of Terms of Office for the Advisory Planning Board B. Proposed Zoning Ordinance 5. City Manager's Report A. Item #1 - Richard Patrick Murphy vs. City of Atlantic Beach B. Item #2 - Report from Robert Bates and Associates, Consulting Engineers, re Options for Sewage Treatment Plant Expansion C. Item #3 - Comparison of Monthly Water and Sewer Charges 6. New Business A. Jacksonville Electric Authority re Authorization to Trim and/or Remove Palm Trees 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions A. Resolution No. 82-2 - Declaring a Public Nuisance at 875 Sailfish Drive B. Resolution No. 82-3 - Designating those officials who may sign checks on behalf of the City C. Resolution No. 82-4 - Commending Lieutenant Fredrick "Fritz" Meyne for Twenty Years of Service 10. Action on Ordinances A. Ordinance No. - An Ordinance Declaring Weeds to be a Nuisance and Establishing the Procedures to Abate B. Ordinance No. - An Ordinance Amending Chapter 13 of the City Code of the City of Atlantic Beach, to Prohibit Certain Acts, Occurrences and Condi- tions Which Constitute a Nuisance (Ordinances to be presented by the City Attorney) 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON JANUARY 25, 1982 AT 8:00 P.M. V V PRESENT:Robert B. Persons, Mayor-Commissioner 0 0 William I. Gulliford, Jr. T T Alan Jensen E E Preben Johansen D D Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager M S Oliver C. Ball, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I 0 Y NAME OF ONEN COMMRS, N D S 0 The meeting was called to order by Mayor Persons. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of January 11, 1982 Gulliford x x Motion: The minutes of the regular Commission meeting of January 11, Jensen x 1982 be approved as submitted. Johansen x x Van Ness x * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * >; * * Persons x Recognition of Visitors Mrs. Delores Reinikainen, 765 Redfin, was recognized by the Chair. She stated that the person living at 735 Redfin was conducting an auto repair business in his driveway and had several automobiles engines and junk cars in the yard. Mayor Persons instructed the City Manager to check in- to the matter and if the condition does in fact exist, to report back so the Commission can take appropriate action under the nuisance Ordin- ance. Mayor Persons recognized Mr. George Bull, Sr. Mr. Bull asked that a determination be made whether the street right-of-ways would be dedicat- ed to the City or not on his future Selva Marina units lying to the north of units 11, 12, etc. , from Seminole Road through to Selva Marina Drive. The City Commission approved this Planned Unit Development concept on July 13, 1981. Discussion followed on whether or not the matter can be placed on the agenda for debate at the next meeting or if Mr. Bull had to go through the normal PUD proceedings. Commissioner Gulliford opined that Mr. Bull was only asking for an opinion of a concept and not necessarily the specific approval of that part of his plan, and he felt the Commission could pass on their intent as to whether or not the streets should be dedicated or maintained as private ownership,. still subject to approval.The City Manager was instructed to prepare a report with recommendations to be placed on the agendafor the next meet- ing. Mr. William S. Howell, 950 Seminole Road, was recognized by the Chair. Mr. Howell urged the Mayor and Commission and/or jointly with Neptune I`�ach and Jacksonville Beach to travel to Tallahassee this week to speak to some of the representatives of our delegation, primarily Mr. Pajcic,' PAGE TWO V V MINUTES Names of JANUARY 25 1982 Commrs. M S Y N Recognition of Visitors - continued Mr. Hazouri, and Mr. Andy Johnson in regards to reapportionment. He also urged all citizens to make telephone calls and write to their representatives as he has great fear that the Beaches may lose out again as they did ten years ago. Commissioner Johansen moved for the following motion: Motion:Send the Mayor to Tallahassee to lobby on the reapportionmert of the Beach communities as a single district. Gulliford x Amended Motion: Include William S. Howell,as an interested citizen Johansen x sponsored by the City of Atlantic Beach, to accompany Mayor Gulliford x x Persons to Tallahassee to lobby for said subject. Jensen x Johansen x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Correspondence The City Manager noted that items A and B were listed for informatior only and no action was taken. C. Letter from City of Tampa re Support for HB 109(Inspection Warrants) After discussion it was determined that no action would be taken to support HB 109 ( Inspection Warrants.) D. Letter from Miriam S. Braswell re Request to Refill Swimming Pool Mayor Persons advised he had received correspondence from the St. Johns River Management District saying that the water shortage is somewhat in abatement now and the mandatory restrictions only apply at this time to the Southeast area of Duval County below the St. Johns river. Mayor Persons saw no problem in allowing Ms. Braswell to refill her swimming pool. Gulliford x x Jensen x Motion: Allow Miriam S. Braswell to refill her swimming pool. Johansen x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Advisory Planning Board Mayor Persons advised that the terms of the Advisory Planning Board need to be extended again so that they might finish working on the new zoning plan that they have been working on for quite some time. He stated that Commissioner Van Ness had expressed the opinion that a six month extension would be adequate. He also announced that Mr. Dick Rigsbee has resigned and a new member would have to be appointee. Gulliford x x Motion: Extend the terms of office of the existing Advisory Plan- Jensen ping Board members to July 31. 1982, except for Dick Johansen x x Rigsbee. Van Ness x * s; * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x PAGE THREE V V MINUTES Names of JANUARY 25,1982 Commrs. M S Y N Advisory Planning Board - continued • The Mayor then asked for nominations to fill the position vacated by Mr. Dick Rigsbee. Commissioner Van Ness recommended Mrs. Ruth Gregg,who has been a dedicated member of the Citizens Advisory Board, to the Advisory Planning Board and is well versed on the Comprehensive Plan as well as the proposed Zoning Ordinance. Motion: Appoint Mrs. Ruth Gregg to the Advisory Planning Board Gulliford x to replace Mr. Dick Rigsbee. The terms of office of all Jensen x Board members to be extended until July 31, 1982. Johansen x x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x B. Proposed Zoning Ordinance Commissioner Van Ness suggested that a work session be held on Monday, February 1, 1982 for general discussion. The Commission agreed and the meeting was set for 7:30 p.m. at City Hall to sit as a Committee of the Whole. City Manager's Report A. Item #1 - Richard Patrick Murphy vs. City of Atlantic Beach Mr. Moss reported that the above referenced lawsuit has been pending for nearly three years. The City retained Coffman, Coleman, Henley, and Andrews, Attorneys at Law, to represent the city and we have paid over $33,000 to this firm during the three year period. The City Manager added that he and the Mayor had reviewed the circum- stances of the case and agreed that the recommended action to the Commission should be that the city cancel its agreement with Coffman Coleman, Henley, and Andrews, and retain another attorney to repre- the City. Mr. Moss noted that he had received correspondence from the firm Smith, Davenport, Bloom and Harden indicating they are willing to undertake representation of the City at a price of $75.00 out and $90.00 in court. After discussion, the following motion was made by Commissioner Gulliford: Motion: Terminate the agreement with Coffman, Coleman, Henley, and Gulliford x x Andrews re Richard Patrick Murphy vs the City of Atlantic Jensen x Beach, and enter into an agreement with the firm of Johansen x x Smith, Davenport, Bloom and Harden. Van Ness x Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Item #2 - Report from Robert Bates and Associates, Consulting Engineers, re Options for Sewage Treatment Plant Expansion PAGE FOUR V V MINUTES Names of JANUARY 25, 1982 Commrs. MS Y N City Manager's Report - continued - Robert Bates Mayor Persons advised that Commissioner Gulliford had suggested that a committee be formed to review the options available and submit a recommendation to the Commission. The Mayor appointed Commissioner Gulliford Chairman. Commissioner Gulliford suggested that the following serve on the committee: Mr. Walter J. Parks, Jr„ City Engineer; Mr. Moss, City Manager; Mr. Clement Langlois, an engineer; and Mayor Persons. He suggested the meeting be held on February 15, 1982 at 7:30 p.m. C. Item #3 - Comparison of Monthly Water and Sewer Charges The City Manager stated that the comparison had been furnished to the Commission for information purposes only as there have been some complaints on the increased water rates. He pointed out that the city of Atlantic Beach is still far below the charges of other cities in the area. A copy of the comparison is attached hereto and made a part hereof. New Business A. Jacksonville Electric Authority re Authorization to Trim and/or Remove Palm Trees Mr. Moss advised that JEA is seeking city approval to side trim and/or remove up to 50 palm trees in Atlantic Beach in an area bounded by Seminole Road, Atlantic Boulevard, and the ocean. He listed several options for Commission consideration, During discus- sion it was suggested that Mr. Perry Odom, JEA Urban Forester, be requested to furnish the City Manager a schedule of work in order to have some form of supervison. Commissioner Gulliford also suggest- ed that a letter be sent to Mr. Odom indicating that Atlantic Beach residents hold their palm trees very dearly to them and would appre- ciate the least amount of damage possible, Action on Resolutions A. Resolution No. 82-2-Declaring a Public Nuisance at 875 Sailfish Mayor Persons advised that this was the area discussed at the meet- ing of January 11, 1982 when the City Manager was instructed to file notice to either clean up the area at 875 Sailfish Drive or the City would do it and assess the property owner for the cost of the clean- ing. He asked the City Manager if the property had been sufficiently cleaned and Mr. Moss responded that there has been substantial improve- ment to the property, but he requested passage of the Resolution, Mayor Persons presented and read in full Resolution No. 82-2, a Resolution levying and imposing special conditions for the removal, suppression or abatement of a dangerous unsafe, dilapidated or un- sanitary structure, pursuant to the provisions of Ordinance No, 25- 67-6 of the City of Atlantic Beach, Florida, against that certain property that is hereby declared to be a public nuisance. PAGE FIVE V V MINUTES Names of JANUARY 25, 1982 Commrs. M S Y N Action on Resolutions - continued - No.82-2 Gulliford x x Motion: Passage of said Resolution.Copy of Resolution 82-2 is Jensen x attached hereto and made a part hereof. Johansen x The Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Resolution No. 82-3-Designating those officials who may sign checks on behalf of the City The City Manager presented and read in full Resolution No. 82-3, a Resolution designating those officials who may sign checks on behalf of the City. Gulliford x Motion: Passage of said Resolution. Copy of Resolution No.82-3 Jensen x x is attached hereto and made a part hereof. Johansen x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Resolution No. 82-4-Commending Lieutenant Fredrick "Fritz" Meyne for Twenty Years of Service Mayor Persons read and presented to Lieutant Meyne a plaque of Resolution No. 82-4 commending Lt. Meyne for twenty years of faith- ful service. Gulliford x x Motion: Adoption of Resolution No. 82-4. Copy of Resolution is Jensen x attached hereto and made a part hereof. Johansen x x Commissioner Gulliford's motion, seconded by Commissioner Johansen, Van Ness x carried unanimously. Lt. Meyne expressed his appreciation to the Persons x Commission for the plaque, and added that he was time to hang up his gun and go fishing. He was given a standing ovation. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances Mayor Persons advised that the City Attorney was preparing the revised Ordinances and would present them at a later date. Miscellaneous Business Commissioner Gulliford suggested that a committee also be formed to discuss the proposed parking Ordinance. Commission agreed. Mayor Persons appointed Commissioner Jensen to chair the committee and Commissioners Van Ness and Johansen, the City Manager and the Chief of Public Safety to serve. Mr. Ron Gray, 63 Beach Avenue graciously volunteered to serve also. Commissioner Jensen set the meeting for Monday, February 1, 1982 at 6:30 p.m. Commissioner Van Ness expressed disappointment that the City did not take advantage of the opportunity afforded them to go to Washington to meet with the Armed Services committee and members of the PAGE SIX V V MINUTES Names of JANUARY 25, 1982 Commrs. M S Y N Miscellaneous Business - continued Pentagon and discuss the impact that the enlargement of Mayport will have on the area, especially since the City of Atlantic Beach is sitting directly under the gun and look down the barrel of any problems that may arise. Mayor Persons advised her that Commissioner Gulliford will be in Washington on March 2nd and 3rd and has offer- ed to meet with the proper officials to discuss any problems the City might foresee. This will be at no expense to the City. Commissioner Gulliford stated that if Mr. Moss would plan ahead and make some arrangements for him,to some extent, that he would be more than happy to devote the time needed for the meetings as he will be in Washington anyway. There being no further business, the Mayor declared the meeting adjourned. (SEAL) (701111 Robert B. Pe •ns, Jr. Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk RESOLUTION NO. 82-2 A RESOLUTION LEVYING AND IMPOSING SPECIAL CON- DITIONS FOR THE REMOVAL, SUPPRESSION OR ABATE- MENT OF A DANGEROUS UNSAFE, DILAPIDATED OR UNSANITARY STRUCTURE, PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 25-67-6 OF THE CITY OF ATLANTIC BEACH, FLORIDA, AGAINST THAT CERTAIN PROPERTY THAT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, Section 1. It is hereby ascertained, determined and declared that the certain structure, occurrence or condition upon that certain property described as: Lot 30, Block 6 Known as 875 Sailfish Drive, Atlantic Beach, Florida Owner: Eula Mae and James Robinson to be a dangerous, unsafe, dilapidated and/or an unsanitary structure, occurrence or condition as described and specified to the owners and interested parties by written notice heretofore served, pursuant to the provisions of Ordinance No. 25-67-6. Section 2. That the aforesaid conditions constitute a public nuisance. Section 3. The City Manager, or his duly authorized agent, is hereby ordered to remove all trash, debris, furnishings, stoves, refrigerators, clothing, and junk in the front, back and rear yard. Section 4. The City Manager, or his duly authorized agent, shall cause a true copy of this Resolution to be posted upon the premises and a true copy delivered or mailed to the owner and interested parties. Section 5. This Resolution shall take effect immediately upon its passage. * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on January 25, 1982 CERTIFICATION ATTEST: I certify this to be a true and correct copy of the record in my office. WITNESSETH my hand and official > d�%� c/Cdti (SEAL) Adelaide R. Tucker, City Clerk seal of the City ofAtlantic Beach Florida, this the 26th day of January 19 82 aLre.4c-c, City Clerk RESOLUTION 82- 3 WHEREAS, from time to time uncertain it becomes necessary for certain signatures to be rendered on various and sundry checks, drafts, notices, acceptances, bills of exchange, orders, etc. , for the payment and withdrawal of monies, credits, items and property on behalf of the City of Atlantic Beach, and WHEREAS, due to vacations, illnesses, and other matters, those individuals authorized to sign on behalf of the City of Atlantic Beach may be unable to do so for one of the above or other reasons, and WHEREAS, it is proper and appropriate to have other selected offi- cials and/or officers of the City to sign in lieu of the Finance Director, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, THAT: Section 1. The Finance Director, or in the absence of said Finance Director, the City Clerk, or in the absence of said City Clerk, the City Manager, signing with only one signature required, be and they are hereby authorized to sign any and all checks, drafts, notes, acceptances, bills of exchange, orders or other instruments for the payment and withdrawal of any and all monies, credits, items and property at any time held by the Banks and Federal Savings and Loan Associations, for accounts of the City of Atlantic Beach, and BE IT FURTHER RESOLVED THAT: Section 2. All the foregoing authorities shall be and continue in full force and effect until revoked or modified by written notice actually received by said Banks and Savings and Loan Associations, setting forth a resolution to that effect stated to have been adopted by the City Commission of the City of Atlantic Beach, Florida. Section 3. The following persons, whose genuine signatures appear below, are authorized signers for the said City in the capacity set opposite their respective signatures, to-wit: Randolph T. Cravey, Finance Director R ly.� �n Adelaide R. Tucker, City Clerk ,/ �G?�/�Q c_�O� 447d�GGCyi A. William Moss, City Manager jU .. 1 ��)":-) Section 4. Any and all resolutions in conflict herewith are hereby rescinded. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission January 25, 1982 ATTEST: (SEAL) _'jCkJp> (%16-C Adelaide R. Tucker, City Clerk • O'$� +�r .0 . n '�. `v•�r � -.'°`f �, �ix 1,V4:,� .s : ,d,,a � '',1-''' ` .` 1,''',«'.,, f t, t P 4 'pk f e'-,k F 17.,.W•„.''' VI,- w N ,;*"-",..i '.46, n � R' d.: a * , ';+fit^ ''''.‘,-,"?'"'s R , , 4,Z-‘` 1 �, , wv a '' r, 18 • 11 RESOLUTION NO. 82-4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH COMMENDING LIEUTENANT FREDRICK "FRITZ" MEYNE FOR TWENTY YEARS OF FAITHFUL SERVICE WHEREAS, Lieutenant Fredrick "Fritz" Meyne has served as a Police Officer of the City of Atlantic Beach, Florida, from 1962 to 1982, and as Bailiff of the Court from 1964 to 1976; and WHEREAS, Lieutenant Fredrick "Fritz" Meyne did serve so effectively and efficiently to help provide a safe environment for the citizens of Atlantic Beach; and WHEREAS, Lieutenant Fredrick "Fritz" Meyne has earned the respect of his colleagues, neighbors, and fellow citizens by the capable and effectual manner in which he has discharged the responsibilities of his official position; and • WHEREAS, Lieutenant Fredrick "Fritz" Meyne has tirelessly exhibited ' dedication, diligence, perserverance, and personal sacrifice to further the I interests of the community, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that Lieutenant Fredrick "Fritz" Meyne be commended for the enormous contributions, personally and professionally, and the out- # standing service rendered to the City of Atlantic Beach; and BE IT FURTHER RESOLVED that recognition of such service, professionalisn 1 and devotion to duty be spread upon the Official Minutes of this body by a copy hereof, and this original resolution be presented to Lieutenant Fredrick "Fritz" Meyne as a small token of appreciation from the Citizens of the City of Atlantic Beach, Florida. Adopted unanimously by the City Commission of the City of Atlantic Beach, Florida, the twenty-fifth day of Janua 1982. [ Y . • ti, A .� Robert B. Pe s, r. , Mayor. y{( ° ii "` h W.1LJL ull Jr. tie oner ra 'r . .« .i • ATTEST: Alan C. J= se IIP"-, _C.. on•r • - - � 'reb J. .nsen, Commissioner 3/ A f >�. .�-e. �= �ti / - Adelaide R. Tucker, City Clerk / — i 1 �. �/ • r Catherine G. Van Ness, Commissione' I' ( fi1