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03-08-82 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA IIIP March 8, 1982 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of February 22, 1982 2. Recognition of Visitors 3. Correspondence A. From Florida Municipal Health Trust Fund re Increase in Health Insurance Rates B. From Town of Orange Park re Proposed "Northeast Florida League of Cities" C. From Adelaide R. Tucker, City Clerk, Announcing Resignation D. From G & M Construction re Permission to Place Sign on Right-of-Way E. From City of Jacksonville Beach re Intent to Charge for Rescue Service 4. Advisory Planning Board A. Meeting of February 23, 1982 re PUD Application of Ernest Russell (Saltair Subdivision - Lot 691 - Proposed Tri-Plex) 5. City Manager's Report A. Item #1 - Award of Contract for Service Revolvers B. Item #2 - Proposed Letter to Citizens re Handling of Garbage and Trash C. Item #3 - Response to Mr. George Bull's Request of February 22, 1982, to Accept Improvements - Selva Marina Gardens 6. New Business 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions A. Resolution No. 82-6 - A Resolution Concerning the Settlement of the Double Taxation Dispute Between the City of Jacksonville and the City of Atlantic Beach; Approving an Inter-Local Agreement Embodying Settle- ment and Authorizing Execution Thereof by the Appropriate City Officials; and Providing an Effective Date. 10. Action on Ordinances A. Ordinance No. 55-82-19 - An Ordinance Declaring Weeds to be a Nuisance and Establishing the Procedures to Abate - Second Reading B. Ordinance No. 55-82-20 - An Ordinance Amending Chapter 13 of the City Code of the City of Atlantic Beach, to Prohibit Certain Acts, Occurrences and Conditions Which Constitute a Nuisance - Second Reading C. Ordinance No. 75-82-3 - An Ordinance Regulating Vehicles Stopping, Standing and Parking - Second Reading D. Ordinance No. 80-82-21 - An Ordinance Amending Ordinance No. 80-81-19 Sto be known as the "Water Conservation Ordinance" E. Ordinance No. 95-82-25 - An Ordinance Prohibiting the Use of Surfboards in the Surf Adjacent to the Beach Unless Such Surfboard is Fastened to a Tether 11. Miscellaneous Business AB 1275 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MARCH 8, 1982 AT 8:00 P.M. V V 0 0 PRESENT:Alan Jensen, Mayor Pro Tem-Commissioner T T William I. Gulliford, Jr. 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 ABSENT: Robert B. Persons, Jr. , Mayor-Commissioner - Illness NAME OF O N E N COMMRS. N D S 0 The meeting was called to order by Mayor Pro Tem Jensen. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of February 22, 1982 Gulliford x Motion: The minutes of the regular Commission meeting of February 22, Johansen x x 1982 be approved as submitted. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x Recognition of Visitors Mr. Robert Skeels, attorney for Mr. George Bull, Sr. was recognized by the Chair. Mr. Skeels advised that he also represented Mrs. Mary Bull, owner of the new development known as Selva Marina Unit 13. Mr. Skeels appealed to the City Commission to issue directions to the City Manager to recind a stop work order issued by Mr. Moss on the development exten- sion north on Selva Marina Drive and east to Selva Marina Gardens (20th street extension). The City Manager issued the order because the land development under construction was in violation of the City of Atlantic Beach's Subdivision Ordinance (Chapter 23 of the Code), Tree Ordinance (Chapter 26. 1 of the Code), and Zoning Ordinance (Chapter 20 of the code). Mr. Skeels contended that Mr. Bull was only underbrushing the property so that he could obtain his engineering studies on hopefully the location of the streets. Mr. Moss responded by saying that apparently he and Mr. Bull had a different interpretation of the word "concept". While the City Commission had approved Mr. Bull's concept, the Ordinance is very clear, even in PUD, that construction cannot begin until an official plan has been accepted by the City Commission, and no such plan has ever been presented. He added that the term underbrushing, in his opinion, meant simply the beginning of a new subdivision. Discussion followed. Commissioner Johansen praised the concept Mr. Bull has followed all through the Selva Marina area, but agreed with Mr. Moss that Mr. Bull has to follow the rules of the City. The Commission agreed. Commissioner Gulliford expressed the opinion that the procedures should be tightened so there is no question about what steps are taken during the process of PUD applications in the future. Commissioner Van Ness asked if it too:c roadgraders to underbrush, and asked for an interpretation of the word underbrushing. Mayor Pro Tem Jensen expressed the opinion that he did not wish the Commission to second guess the actions and decisions of the City Manager, and felt it would be out of order for the Commission to AB 1276 PAGE TWO V V MINUTES Names of MARCH 8, 1982 Commrs. M S Y N r.. , Recognitions of Visitors - continued rescind the stop work order. The City Commission determined to take no action on Mr. Skeels request to rescind the stop work order and suggested that Mr. Bull, his attorney and his engineer get together with Mr. Moss and the city engineer, Mr. Parks to settle the issue. Correspondence A. From Florida Municipal Health Trust Fund re Increase in Health Insurance Rates Mr. Moss advised that item A. was for information purposes only that shows a rate increase effective April 1, 1982. He added that funds are available in each account to cover the increase, and at the present time no budget adjustment is needed. B. From Town of Orange Park re Proposed "Northeast Florida League of Cities Mr. Moss reported that the Town of Orange Park is asking the City of Atlantic Beach to participate in a pre-organization meeting of a proposed "Northeast Florida League of Cities" in order to provide the municipalities of the area with a greater degree of representation in the State organization of the Florida League of Cities. The City has been asked to respond to a questionnaire in order to determine the feasibility of such a venture. Commissioner Johansen noted that the City of Atlantic Beach had good representation with the State organization as our former Mayor was President of the Florida League of Cities. Mayor Pro Tem Jensen suggested that the City Manager complete the questionnaire and discuss it at a later date when the report of the results is received. C. From Adelaide R. Tucker, City Clerk, Announcing Resignation Mrs. Tucker's resignation was received and Commissioner Johansen made the following motion: Motion: Accept, with regrets, the resignation of Mrs. Adelaide R. Gulliford x x Tucker, with the exception that the date of April 30,1982 Johansen x x is not certain. Van Ness x Jensen x The City Manager was directed to begin seeking applications and take whatever steps necessary in order to fill the position. The suggesticn was made to appoint a committee for screening applicants. After dis- cussion, the decision was made to defer the composition of the com- mittee until the next meeting. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AB 1277 PAGE THREE V V MINUTES Names of MARCH 8, 1982 Commr s. M S Y N _ -- - Correspondence - continued D. From G & M Construction re Permission to Place Sign on Right-of-Way The City Manager acknowledged receipt of a request from Grenville & Meuse Construction Co. , Inc. and Eberling Builders, Inc. to build an entrance sign for Selva Marina Gardens on the north entrance of Garden Lane and 20th street in order to be able to clearly identify the subdivision. Mr. Moss stated that he had no objections to the re- quest provided that: 1) The City Manager approve exact location; 2) Developer/contractor maintains ground around the sign; and 3) The sign be removed at a future date upon request by the City. Commissiorer Johansen asked for a guarantee that no advertisement (contractor's names, etc.) will be placed on the sign. Representatives from the builders assured him that they would furnish such a guarantee. Com- missioner Gulliford moved for the following: Motion: Approve Greenville & Meuse request to construct a sign Gulliford x x for Selva Marina Gardens with the proviso set forth by Johansen x x Van Ness x the City Manager. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. From the City of Jacksonville Beach re Intent to Charge for Rescue Service Mr. Moss advised that the City of Jacksonville Beach is buying an ambulance to supplement the service provided by the City of Jackson- ville. The City of Jacksonville Beach feels that the rescue service provided by the City of Jacksonville is not always enough to cover all of the emergencies that occur. They have indicated that they will bill the residents of Atlantic Beach for the services and if within thirty days they do not pay, the bill will be sent to the City for payment. Discussion followed. Mayor Pro Tem Jensen suggested that the City Manager respond to Mr. Bower's letter and state the negative feelings of the Commission. Advisory Planning Board A. Meeting of February 23, 1982 re PUD Application of Ernest Russell Mayor Pro Tem Jensen noted that on February 23, 1982, the Advisory Planning Board voted 2 to 1 to recommend approval of Mr. Russell's PUD application for a proposed Tri-plex to be constructed on lot 691, Saltair Subdivsion with the stipulation of a parking feasibility study, particular for Unit #1. The City Manager pointed out that the proposed PUD does violate zoning requirements in the Residence "C" district; specifically, parking for Unit #3 is shown adjacent to the property line on Poinsettia. That portion of the lot has been desig- nated as the front yard by the occupant. Section 28-5(h) of the Code states that off-street paved parking space shall not occupy any part of a required front yard. Additionally, a portion of the unit #3 is in violation of the rear setback requirements in that a portion of the structure extends into the 20-foot rear setback line. AB 1278 PAGE FOUR V V MINUTES Names of MARCH 8, 1982 Commrs. M S Y N „-- Advisory Planning Board - continued Commissioner Van Ness noted that had she been a voting member, she would have cast a no vote. She agreed with the reasons set forth in a letter to the Commission from one of the Board members as to why the member voted not to approve the application. Discussion followed. Commissioner Van Ness then moved for a Public Hearing to be set. The motion was seconded by Commissioner Johansen. Motion: Set a Public Hearing on the PUD application of Ernest Gulliford x Russell for a proposed Tri-Plex to be constructed on Johansen x x Lot 691, Saltair Subdivision. The Public Hearing was Van Ness x x set for April 12, 1982. Jensen x Mayor Pro Tem requested that Mr. Russell provide to the City various alternatives for parking on the proposed site prior to the Public Hearing on April 12, 1982. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Manager's Report A. Item #1- Award of Contract for Service Revolvers The City Manager reported that the bid opening on seventeen police service revolvers was held on March 4, 1982. The City Manager and City Clerk witnessed the opening of the bids. Listed below is the bid tabulation: Company Unit Extension Price Price Sa-So 1185 108th St. Grand Prairie, Tex. 75050 $189.43 $3,220.31 Jones Equipment Co. 5617 Dawson St. ,P.O.Box 4708 Hollywood, Fla. 33083 164.50 2,796.50 National Police Supply 5305 Old Dowd Rd. Charlotte, N. C. 28208 ( No bid No bid ) (More on back order than able to supply) The City Manager recommended that the contract be awarded to the low bidder, Jones Equipment Co. Motion: Accept the low bid and award the contract for seventeen Gulliford x x (17) police service revolvers to Jones Equipment Company Johansen x in the amount of $2,796.50. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x AB 1279 PAGE FIVE V V MINUTES MARCH 8, 1982 Names of Commrs. M S Y N City Manager's Report - continued Item #2 -Proposed Letter to Citizens re Handling of Garbage and Trash Mr. Moss presented a draft letter to citizens regarding the handling of garbage and trash and included a list of rules for the handling and disposal of garbage, trash and debris. He stated that the object- ive of his sanitation program is to maintain a clean, healthy, and aesthetically pleasing living environment. Three of the most signi- ficant changes are in the handling of remodeling materials (required to be in a container or tied in a bundle) , weight limitation for containers, and trash pick-up on Mondays and Fridays only. The intent is to reduce the amount of time that trash is stacked upon the right- of-way. Mr. George Bull commended Mr. Moss for his efforts, and said if you go to the southern part of Florida you will see a clear demon- stration that the pride of the community is keeping the community beautiful. Commissioner Gulliford extended a voice of approval and the Commission agreed. The suggestion was made to mail the letter with the next water billing. Item #3-Response to Mr. George Bull's request of February 22, 1982 to accept improvements - Selva Marina Gardens Mr. Moss stated that the letter from the City Engineer, Mr. Parks was provided for information concerning the water, sewer and street improvements of Selva Marina Gardens, and hopefully he would come back in the near future with some of the small points being resolved and will offer a recommendation. New Business Commissioner Gulliford reported that he had met with Congressman Bennett on the potential impact of the Navy expansion on Atlantic Beach and surrounding areas. He suggested that the City of Atlantic Beach set up a meeting of civic leaders, city officials of the three Beach municipalities and the Commander of the base, and/or his representative to pursue both our problems and opportunities of the present and future growth of the Naval installation. Commission agreEd, and Commissioners Van Ness and Gulliford offered their assistance to Mr. Moss in setting up the meeting. Report of Committees Mr. Moss reported that the Commission met as a Committee of the Whole. to review the proposed Zoning Ordinance. They made several small recommendations to go back to the Advisory Planning Board. Action on Resolutions - No. 82-6 Mayor Pro Tem presented and read in full Resolution 82-6, A Resoluticn concerning the settlement of the double taxation dispute between the City of Jacksonville and the City of Atlantic Beach; approving an AB 1280 • PAGE SIX V V MINUTES Names of MARCH 8, 1982 Commrs. MS Y N Action on Resolutions - continued Inter-local agreement embodying settlement and authorizing execution thereof by the appropriate City officials; and providing an effective date. Mayor Pro Tem Jensen called for a motion. Commissioner Johansen stated that he was the one that the issue was first brought to, and he wholeheartly agreed with the double taxation issue, He added that although he was not at all happy with the settlement, he had been convinced by authoritative sides that this was the best the City could hope for unless they wanted to enter into a long court battle which he did not feel to be in the betterment of the City of Atlantic Beach, or Duval County. The Mayor Pro Tem asked the City Attorney for an opinion. Mr. Ball strongly urged the Commission to pass the Resolution. Commissioner Johansen moved for passage. Gulliford x Motion: Passage of said Resolution. Copy of Resolution 82-6 is Johansen x x attached hereto and made a part hereof. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x Action on Ordinances A. Ordinance No. 55-82-19 - AN ORDINANCE DECLARING WEEDS TO BE A NUISANCE AND ESTABLISHING THE PROCEDURES TO ABATE Mayor Pro Tem Jensen presented said Ordinance in full, in writing, and requested the Ordinance be passed on second reading, by title only. Gulliford x Motion: Said Ordinance be passed on second reading, by title only. Johansen x x Van Ness X X The Public Hearing was set for March 22, 1982 Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 55-82-20 - AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF ATLANTIC BEACH, TO PROHIBIT CERTAIN ACTS, OCCURRENCES AND CONDITIONS WHICH CONSTITUTE A NUISANCE Said Ordinance was presented in full, in writing, by Mayor Pro Tem Jensen, and read on second reading, by title only. Motion: Said Ordinance be passed on second reading, by title only. Gulliford x x Johansen x The Public Hearing was set for March 22, 1982. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x C.ORDINANCE NO. 75-82-3 - AN ORDINANCE REGULATING VEHICLES STOPPING, STANDING AND PARKING said Ordinance was presented in full, in writing, by Mayor Pro Tem Jensen, and read on second reading, by title only. Motion: Said Ordinance be deferred. Johansen x The Ordinance died for lack of a second. AB 1281 PAGE SEVEN V V MINUTES Names of MARCH 8, 1982 Commrs. M S Y N - - Action on Ordinances - continued Motion: Said Ordinance bepassed on second reading, bytitle onlyGulliford x x Johansen x Commissioner Van Ness asked the Mayor Pro Tem during the discussion Van Ness x x before the vote if he had compared the Ordinance with the State Jensen x Statutes, and Mayor Pro Tem Jensen answered partially, but he would have it completed before the Public Hearing. Commissioner Johansen stated that was the reason he asked for deferral - to give him ample time for research. The question was called and the motion carried unanimously. The Public Hearing was set for March 22, 1982. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Ordinance No. 80-82-21 - AN ORDINANCE AMENDING ORDINANCE NO. 80- 81-19 TO BE KNOWN AS THE "WATER CONSERVATION ORDINANCE" Mr. Moss advised that this Ordinance amends the Ordinance adopted on August 3, 1981 that set forth certain restrictions on the use of water. The restrictions were quite strict and very effective, and the city has had a considerable reduction in consumption over the past six months. An amendment to the Ordinance is recommended to bring it in line with that being practiced by neighborhood communities and also that which is being recommended by the St. Johns River Management District. The restrictions are eased, but is restrictive enough to help us meet the 15% reduction which is mandated. The Ordinance also gives the City Manager the authority to invoke more strict procedures should the city find the 15% reduction is not being met. Said Ordinance was presented in full, in writing, and read on first reading, by title only, by Mayor Pro Tem Jensen. Gulliford x Motion: Said Ordinance be passed on first reading, by title only. Johansen x x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x E. ORDINANCE NO. 95-82-25 - AN ORDINANCE PROHIBITING THE USE OF SURF- BOARDS IN THE SURF ADJACENT TO THE BEACH UNLESS SUCH SURFBOARD IS FASTENED TO A TETHER Said Ordinance was presented in full, in writing, and read on first reading, by title only, by Mayor Pro Tem Jensen. The motion was made by Commissioner Van Ness and seconded by Commissioner Gulliford for passage on first reading, by title only. Mayor Pro Tem Jensen suggested that the Commission may wish to incorporate into the Ordi- nance that individuals only be allowed to surf at certain locations. Chief Stucki was asked for an opinion and he advised that his depart- ment had been operating under a policy that requires one to surf one block on either side of the life guard station. The question was called and the motion carried unanimously. Gulliford x x Motion: Said Ordinance be passed on first reading, by title only. Johansen x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x AB 1282 PAGE EIGHT V V MINUTES Names of MARCH 8, 1982 Commrs. M S Y N I, Miscellaneous Business Commissioner Van Ness commented that she did not understand the placement of two city limit signs, 1) on the beach about one—half block north of the city limits, This is implanted in cement and will be very difficult to remove, and 2) on Seminole Road the sign is a little south of the city limits. Mr. Moss accepted the responsibilit) for not having the sign moved on Seminole Road as he was aware that it is not near the city limits. He agreed that the sign on the beach is about three houses to the north, but it would be very difficult to move. There being no further business, the Mayor Pro Tem declared the meeting adjourned. 744 . (SEAL) Alan C, - sen Mayor t . Tem ATTEST: Adelaide R. Tucker City Clerk AB 1283 RESOLUTION NO. 82-6 A RESOLUTION CONCERNING THE SETTLEMENT OF THE DOUBLE TAXATION DISPUTE BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH; APPROVING AN INTER-LOCAL AGREEMENT EMBODYING SETTLEMENT AND AUTHORIZING EXECU- TION THEREOF BY THE APPROPRIATE CITY OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 25, 1979, and June 23, 1980, the City Commission of the City of Atlantic Beach, Florida, adopted resolutions petitioning the City of Jacksonville to remit to the City of Atlantic Beach revenue collected through double taxation, in violation of Florida Statutes; and WHEREAS, since the passage of these resolutions, representatives from the City and the City of Jacksonville have entered into negotiations in an attempt to come to an amicable settlement and are now ready to enter into an Inter-local greement for that purpose; and WHEREAS, the City Commission has considered the proposed Inter-local Agreement and is of the opinion that it represents a fair and just settlement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, that: Section 1. The City Commission hereby approves the Inter-local Agree- ment between the City and the Cities of Jacksonville, Jacksonville Beach, Neptune Beach, and the Town of Baldwin. A copy of the Inter-local Agreement is attached hereto and by this reference made a part hereof. Section 2. The Mayor and City Clerk are authorized to execute the Inter-local Agreement concurrently with the appropriate officials of Jackson- ville, Jacksonville Beach, Neptune Beach, and Baldwin as soon as this City has received satisfactory notification from those governments that their governing bodies have also approved the Inter-local Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on March 8, 1982 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk 4110 AB 1284