06-28-82 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
June 28, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of June 14, 1982
2. Recognition of Visitors
3. Correspondence
A. From Federal Emergency Management Agency re Flood Insurance Study
B. From Florida Department of Administration, Division of Retirement,
re Review of the City's Retirement System
4. Advisory Planning Board
A. Letter of Resignation from Mr. John F. Andresen, Chairman of the
Advisory Planning Board
5. City Manager's Report
A. Item #1 - Proposed FY 1982-83 Budget Schedule
B. Item #2 - Award of Contract for Two-Ton Crane
C. Item #3 - Request by Chuck Hardman Builders to Apply for Planned
Unit Development on Lot 683, Saltair Section 3
D. Item #4 - Request by Donald A. Radin to Approve "In Concept" an
Extension to an Existing Mini-Storage Units by 28 Units
E. Item #5 - Request by Community Presbyterian Church to Pave
Parking Area
F. Item #6 - Sewer Rate Study
6. New Business
7. Unfinished Business
A. Further Discussion of Planned Unit Development Application by
George Bull for Selva Marina Garden Two (Refer to Agenda Packet of
June 14, 1982)
B. Further Discussion of Ordinance Regulating Consumption of
Alcoholic Beverages
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 82-13 - Authorizing the Mayor to Sign an Agreement
with the State of Florida Department of Community Affairs Under the
Florida Financial Assistance for Community Services Act
10. Action on Ordinances
A. Ordinance No. 90-82-72 - Amending Chapter 28 Entitled "Zoning" of the
Code of the City of Atlantic Beach, Florida, by Adding Thereto -
Third and Final Reading - Public Hearing
B. Ordinance No. 90-82-74 - An Ordinance Amending Chapter 28 of the
Ordinance Code of the City of Atlantic Beach, the Same Being the
Zoning Ordinance - Second Reading - Public Hearing
AGENDA - June 28, 1982 - Page Two
10. Action on Ordinances - Cont'd
C. Ordinance No. 25-82-1 - Adopting the Standard Mechanical Code -
First Reading
D. Ordinance No. 34-82-1 - Amending Chapter 7 of the Code of
Ordinances of the City of Atlantic Beach, Florida, the Same
Being the Chapter Regulating Electricity - First Reading
E. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code of
Ordinances of the City of Atlantic Beach, the Same Being
an Ordinance Regulating Plumbing - First Reading
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON JUNE 28, 1982 V V
0 0
RESENT: Alan Jensen, Mayor Pro Tem - Commissioner T T
William I. Gulliford, Jr. E E
Preben Johansen D D
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager 0 E
Patricia Whitney, City Clerk T C
I 0 Y
ABSENT: Robert B. Persons, Jr. , Mayor - Commissioner NAME OF ONEN
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 June 14, 1982
Motion: The minutes of the regular Commission Meeting of June 14, 1982 Gulliford x
be approved as submitted. Jensen x
Johansen x
Van Ness x
*'c*ic*k*************4c*ic*:rk9c:c4ck9c4cic4c'.cock4ci*****4e9c4c*******9c4c***************k*****
:ognition of Visitors
The Chair recognized Mrs, Ruth Gregg, Sailfish Drive, who asked the
Commission why the access ramp next to the Chateau Restaurant was not
open to rescue vehicles. Mrs. Gregg mentioned that there are two poles
erected at the ramp that prohibits the entrance of a rescue vehicle onto
the beach.
Commissioner Johansen asserted it was hard for him to believe a rescue
vehicle couldn't enter through the ramp when a bulldozer and other heavy
equipment had been passing through the same access ramp for the past
several weeks rebuilding the pier. Commissioner Johansen stated that he
felt Mrs. Gregg had been misinformed,
Mayor Pro Tem Jensen instructed Chief Stucki to check into the matter
and report his findings back to the City Manager,
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Correspondence
A. From Federal Emergency Management Agency re Flood Insurance Study
The City Manager informed the Commission of a letter he received from
the FEMA regarding the City's proposed Base Flood Elevation Determinations,
Mr. Moss mentioned the City had adopted a Flood Prevention Program many
ars ago, which was required to be eligible for Federal Flood Insurance.
Mr. Moss stated he has had a meeting with FEMA representatives who are
going through the process now in the beaches area of determining whether
MINUTES V V
PAGE 2 Name s o f
JUNE 28, 1982 Commrs. M S Y N
the elevations are acceptable. Mr. Parks has been asked to look at
their maps and provide the City with information as to whether he thinks
we should appeal their elevation determinations. Mr. Moss stated he
was not sure whether the City of Atlantic Beach has done all it's
required to do to assure that the City meets the requirements of the
Federal Program. The City has been advised that the FEMA is going to
start auditing this portion of the country to make sure we comply
with the requirements. There may be an added cost to the City of
Atlantic Beach due to the construction in the flood prone areas because
of the requirements to build minimum elevations, plus the cost of
surveys to show that areas were built above minimum elevation require-
ments.
Mayor Pro Tem Jensen pointed out to the public that there is a process
for appeal for individuals also and that they could obtain information
at City Hall if they wished to do so. He also stated that this could
affect their flood insurance.
B. From Florida Department of Administration, Division of Retirement,
re Review of the City's Retirement System
e City Manager reported that the Division of Retirement is required
�., review the City's actuarial reports each year and that their com-
ments were favorable.
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Advisory Planning Board
A. Letter of Resignation from Mr. John F. Andresen, Chairman of the
Advisory Planning Board
Commissioner Johansen requested that Mr. Andresen continue to serve
as Chairman of the Advisory Plannning Board until the Proposed
Zoning Ordinanace is passed.
Mr. Andresen stated his resignation was effective upon its acceptance sulliford x
by the City Commission.
Jensen x
Johansen x
Motion: To defer action on Mr. Andresen's letter of resignation. Van Ness x
Mr. Moss reminded the Commission that the term of the present Plan-
ning Board members is due to expire July 1st.
Motion: Request present members of the Planning Board stay on for 3ulliford x
another 90 day period, and appoint a replacement for Jensen x
Mr. Mullins who will be away for the summer. Also, in the Johansen x
event Mrs. Ross decides not to stay during the 90 day Van Ness x
period, the Commission will accept names and appoint another
member in her place at the next meeting.
***********************************************************************
MINUTES V V
PAGE 3
JUNE 28, 1982 Names of
Commr s. M S Y N
v
City Manager's Report
A. Item #1 - Proposed FY 1982-83 Budget Schedule
The City Manager presented for the Commission's review the proposed
FY 1982-83 Budget Schedule. Mr. Moss stated the City had attempted
to take all of the statutory requirements of the Trim Bill and
its Sales Tax Bill to incorporate it into the time schedule which
the City thinks it can work with and which would be appropriate
for the budget review process. The calendar for the FY 1982-83
budget actually begins July 1st and goes into October. Mr. Moss
anticipates the adoption of the budget to be on September 13, 1982.
The entire budget is scheduled to be discussed at the August 9th
meeting. The first public hearing is scheduled for August 30th.
Most of the meetings are scheduled for regular Commission meetings
with the exception of one; a special meeting is scheduled for Monday,
August 30, for the public hearing on the tentative budget and the
proposed millage rate.
B. Item #2 - Award of Contract for Two-Ton Crane
The Public Works Department has indicated a need for a two-ton crane
which will be used to lift various pumps, motors, equipment, etc. ,
at the water and sewer buildings, lift stations, and equipment
maintenance building. Funds are available in the Public Works
account for the purchase.
Bids were invited for a two-ton crane. The low bid was submitted
by Genuine Parts Company in the amount of $1,455.30. Gulliford x
Motion: To award the contract for a two-ton crane to Genuine Jensen x
Johansen x
Parts Company.
Van Ness x
C. Item #3 - Request by Chuck Hardman Builders to Apply for Planned
Unit Development on Lot 683, Saltair Section 3
Mr. Moss presented a letter to the Commission from Mr. Chuck
Hardman requesting permission to apply for a PUD on Lot 683,
Saltair Section 3, located on the corner of Pine Street and
Sturdivant. Mr. Hardman intends to construct three units on the lot
in question. This lot is presently zoned Residence "C" which
permits multi-family development. The proposed zoning designation
is RG-2, also multi-family.
Gulliford x
Motion: To accept Mr. Hardman's application for the PUD and Jensen x
refer it to the Advisory Planning Board for their reviews Johansen x
Van Ness x
D. Item #4 - Request by Donald A, Radin To Approve "In Concept"'
an Extension to an Existing Mini-Storage Units by
28 Units
MINUTES V V
PAGE 4 Names of
JUNE 28, 1982 Commrs. M S Y N
City Manager's Report - Item #4 - continued
The City Manager presented a request by Mr. Donald A. Radin to
approve, in concept only, the construction of additional warehouse
units at E-Z Mini Storage, 310 Mayport Road.
The site for the expansion (Lot 1, Block 79, and the East 20' of
Lot 2, Block 79) is presently zoned Business "B". Mini-storage
units have been allowed in this zoning classification.
Mr. Radin is apparently concerned with the proposed zoning which
will change the subject property to RG1 (medium density residential) .
He apparently does not want to go to the expense of preparing
plans if the City Commission objects to the expansion.
Commissioner Johansen suggested Mr. Radin file a formal application
before the new Zoning Ordinance is adopted. Once he has filed the
application, he willbe considered exempt.
Mayor Pro Tem Jensen asserted that if Mr. Radin submits his
application in sufficient time under the existing ordinance,
he would assume that it would be approved.
E. Item #5 - Request by Community Presbyterian Church to Pave
Parking Area
The City Manager presented to the Commission a request by the
Community Presbyterian Church to pave a parking area. While
not stated in the request, the church is proposing to pave a public
right-of-way area along Sherry Drive directly in front of the
church.
Mr. Moss stated that he had no objections to the paving in this
particular case because it is being used as private property
for parking on Sundays anyway. Mr. Moss recommended approval based
upon certain stipulations which are in the best interest of the City.
Gulliford x
Motion: Grant approval of paving based upon the compliance of Jensen x
certain stipulations set forth by the City. Johansen x
Van Ness x
F. Item #6 - Sewer Rate Study
The City Manager reported to the Commission that as recommended
by the "Sewer Plant" Committee, the City Commission agreed to
have a sewer rate study to recommend rates necessary to recover
costs of our present and future wastewater treatment facilities.
The City Commission authorized the City Manager to enter into an
agreement with Robert Bates and Assoc. , Consulting Engineers, to
perform the rate study (which is attached for the Commissioner's
review). The scope of work included the determination of operating
MINUTES V V
PAGE 5 Names o f
JUNE 28, 1982 Commrs. MS Y N
City Manager's Report - Item #6 - Continued
and capital expenses required for various possible scenarios.
Commissioner Gulliford recommended that before the Comiission
attempted to address the sewer rate study, that a copy of the
study be forwarded to the members of the Sewer Plant Committee
who are not members of the Commission, and that the Committee
meet Wednesday, July 7, 1982 at 7:30 p.m. to review the study
and make recommendations to the City Commission.
*******************************************************************
New Business
Commissioner Van Ness mentioned the need for a Traffic Study for
the City of Atlantic Beach due to the expansion in Mayport. Com-
missioner Van Ness expressed concern over the problem the City
will have to contend with over the next five years with the enormous
increase in traffic. Commissioner Van Ness stated that the City of
Jacksonville could provide Atlantic Beach with this study: "We
should get something for our tax dollars that go into the Bold
New City of the South."
Mayor Pro Tem Jensen appointed Commissioner Van Ness as a Traffic
Committee of One to consult with the City of Jacksonville and
see if they will do a study.
Commissioner Van Ness assured Mayor Pro Tem Jensen that she would
be glad to research the matter and see what would be involved.
*******************************************************************
Unfinished Business
A. Further Discussion of Planned Unit Development Application
by George Bull for Selva Marina Garden Two
The Chair recognized Mr. Bull who addressed the Commisssion
wanting to know what the considerations were that seem to be
holding up his PUD application approval.
Commissioner Johansen informed Mr. Bull that it was the general
consensus of the Commission that a walkway was needed in the
development to assure adequate safety.
Mr. Bull wanted to know why he was chosen to start solving the
sidewalk problems in the City of Atlantic Beach.
Mayor Pro Tem Jensen mentioned that as a procedural matter,
the Commission did defer action on the PUD Application and schedule
it for a public hearing; however, the record may not reflect
whether the Commission accepted the application as a tentative
•
MINUTES
PAGE 6 V V
JUNE 28, 1982 Names of
Commrs. M S Y N
Unfinished Business - Continued
plan which is required under the Ordinance. If the Commission
does not clarify the previous action it could cause further delay
which the Commission does not want to do.
Mayor Pro Tem Jensen also suggested that Mr. Bull's application be
put on the agenda for the next meeting and everyone on the
Commission can voice any concerns they may have about the applicatior
to Mr. Bull so that Mr. Bull and the Commission will have time to
do something about them before the public hearing (July 26, 1982) . Gulliford x
Motion: Accept Mr. Bull's present application as a tentative Jensen x
plan. Johansen x
******************************************************************* Van Ness x
B. Further Discussion of Ordinance Regulating Consumption of
Alcoholic Beverages
The City Manager reported the Commission had received a request
from Jiffy Mart to transfer their alcoholic beverage license
across the street from their present location on Royal Palm to
773 Atlantic Blvd. .
At the last Commission Meeting the Commission agreed to defer
action on the Ordinance until the City could obtain legal counsel.
Commissioner Johansen stated his position was the same as it
was last week.
Commissioner Gulliford stated he could understand the problem
if Jiffy Mart was moving in a new outlet; however, they are just
moving from one outlet to another outlet. Commissioner Gulliford
stated it was his understanding that the proposed 1500 feet
requirement was to try to limit the number of outlets in the
community. He mentioned that it would seem like there may be
another way when the same Ordinance may prevent a very nice
Restaurant from locating within 1500 feet of the Jiffy Mart
and be unable to sell beer and wine in conjunction with their
restaurant operation. If the intent of the Ordinance is to
limit the outlets, I'd suggest the Ordinance ought to be rewritten.
As it is written right now it's not attacking the problem properly.
Commissioner Gulliford suggested we seek legal opinion in the
interim from Mr. Stradford, who is City Attorney for the City of
Jacksonville Beach.
The Chair recognized Mr. Audery Deal who inquired when the new
license would be effective.
•
MINUTES V V
PAGE 7 Names of
JUNE 28, 1982 Commrs. M S Y N
Unfinished Business - Continued
Commissioner Gulliford responded that it could not be made
effective before July 12, 1982 at the next public hearing
when the Ordianace is passed.
*******************************************************************
Action on Resolutions
A. Resolution No. 82-13 - Authorizing the Mayor to Sign an
Agreement with the State of Florida Department of Community
Affairs Under the Florida Financial Assistance for Community
Services Act
Mayor Pro Tem Jensen presented and read in full Resolution No. 82-13
a Resolution which allows the Community Trust Grant to provide
State funds to municipalities for certain social service activities.
For the past two years, the City of Atlantic Beach has supported a
grant application jointly with the City of Jacksonville Beach in
order to provide funding for the Mental Health Resource Center.
This year, the amount of $55,843 will be available to communities
in Duval County.
Motion: Passage of said Resolution. Copy of Resolution No. 82-13 Gulliford x
Jensen x
is attached hereto and made a part hereof. Johansen Y
******************************************************************** Van Ness x
Action on Ordinances
A. Ordinance No, 90-82-72 - Amending Chapter 28 Entitled "Zoning"
of the Code of the City of Atlantic Beach, Florida, by Adding
Thereto - Third and Final Reading - Public Hearing
Said Ordinance was presented in full, in writing, and read on
third and final reading by Mayor Pro Tem Jensen. Said Ordinanace
was posted in line with charter requirements. After the reading,
the Mayor Pro Tem declared the meeting open for a Public Hearing.
The Chair recognized Mr. Joe Pergengile, 1985 Mayport Rd. ,
who requested a 60 day extension from the Commission to
liquidate his used furniture business.
Commission Gulliford informed Mr. Pergengile that he had been aware
of the Ordinance since he appeared at the May 24th Commission Gulliford x
Meeting.
Jensen x
Motion: To defer effective date of this part of Ordinance change Johansen x
until August 28. 1982. Said Ordinance No. 90-82-72 Van Ness x
be passed on third and final reading.
As no one spoke further for or against, the Mayor Pro Tem
declared the Public Hearing closed.
MINUTES V V
PAGE 8 Names of
JUNE 28, 1982 Commrs. MS Y N
Action On Ordinances - Continued
B. Ordinance was presented in full, in writing, and read on
second reading by the. Mayor Pro Tem. Said Ordinance was posted
in line with Charter requirements. The Mayor Pro Tem then
declared the floor open for a Public Hearing.
The Chair recognized Mr. Jim Kline, 222 Pine Street, who
presented the Commission with a petition opposing the rezoning
of the Saltair Subdivision's 12 lots from single family
residential to duplex designation.
A large group of Saltair Subdivision residents (listed below)
were present to protest the changing of many lots from single -
family residential to duplex designation:
Jim Kline - 222 Pine Street
Stan Snider - 190 Magnolia
Tom Pritchett - 202 Pine St.
Marshall Dutton - 176 Magnolia
Dana Papler - 202 Pine St.
Mrs. Snider - 190 Magnolia
Commissioner Guilliford agreed to meet with the group Saturday
morning and go over their situation lot by lot, "if necessary"
at the Donut Shop.
A lengthy discussion ensued over many areas that were being
changed from one designation to another after such areas
have been purchased specifically to build what is now permitted.
The Commissioners seemed to address the questions to the
satisfaction of the citizens concerned.
Mr. George Bull wished to mention one problem he found, and that
is;he could find only one resident category . Also, there is
only one requirement of 1000 square feet.
Mr. Moss informed Mr. Bull that it was amended in this proposal
to 1000 square feet minimum due to the fact that so many families
now cannot afford to build 12000 square feet.
Mr. Bull - "The City Manager under this new Ordinance is given
almost life and death over anybody. If you don't satisfy the
City Manager, your dead.because there is nothing in this Ordinance
that gives anyone any recourse from the decision of the Administra-
tive Officer."
Commissioner Gulliford addressed Mr. Bull Stating that the
Commission will not put themselves in a position of second-
guessing someone that the Commission has hired to do a job.
If they were hired to do a job then we've put our confidence
MINUTES ' V V
PAGE 9 Names of
JUNE 28, 1982 Commr s. M S Y N
Action On Ordinances - Continued
and faith in them to do the job and we are going to depend
on them to do the job. You do have recourse if your not
satisfied. It may not be with the Commission, but you do
have recourse.
Mr. Bull stated that it is unconstitutional not to have a
mechanism in the ordinance which will allow recourse from the
Administrative Officer's decision. Your building a "Kingdom
for the City Manager."
Mr. Moss stated the main procedure Mr. Bull was concerned with
was the PUD and the Administrative Officer has a very small roll
in the PUD process. The main process is with the Advisory
Planning Board and the City Commission. The Administrative
Officer just serves as the fellow who gathers the information
and passes it on for recommendation.
Mayor Pro Tem Jensen declared the Public Hearing closed.
****************************************************************
Commissioner Gulliford suggested that the Commission meet
on Thursday, July 8, 1982, at 6:30 p.m. for a Workshop
to further discuss the Proposed Zoning Ordinance before
its third and final reading.
Motion: Said Ordinance No. 90-82-74 be passed on second reading Gulliford x
Jensen x
Johansen X
Van Ness x
C. Ordinance No. 25-82-1 - Adopting the Standard Mechanical
Code - First Reading
AN ORDINANCE ADOPTING THE STANDARD MECHANICAL CODE
Gulliford x
Said Ordinance was presented in full, in writing, and read Jensen x
on first reading, by title only, my Mayor Pro Tem Jensen. Johansen x
Van Ness
D. Ordinance No. 34-82-1 - Amending Chapter 7 of the Code of
Ordinances of the City of Atlantic Beach, Florida, the Same
Being the Chapter Regulating Electricity - First Reading
AN ORDINANCE AMENDING CHAPTER 7 - ELECTRICITY WHICH WILL
AMEND THE ELECTRICAL PERMIT FEES.
Gulliford x
Said Ordinance was persented in full, in writing, and read on Jensen x
first reading, by title only, by Mayor Pro Tem Jensen. Johansen x
Van Ness
Motion: Said Ordinance be passed on first reading, by title only x
•
MINUTES V V
PAGE 10 Names o f
JUNE 28, 1982 Commrs. M S Y N
Action On Ordinances - Continued
E. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code
of an Ordinance Regulating Plumbing - First Reading
PROPOSED ORDINANCE AMENDING CHAPTER 17 - PLUMBING FEES
Said Ordinance was presented in full, in writing, and read on Gulliford x x
first reading, by title only, by Mayor Pro Tem Jensen Jensen x
Motion: Said Ordinance be passed on first reading, by title only. Johansen x
Van Ness x x
*******************************************************************
There being no further business, the Mayor Pro Tem declared the
meeting adjourned.
Alan Jensen
(SEAL) Mayor Pro '- -
Commissioner
ATTEST:
Pat Whitney
City Clerk
NOTE: A mechanical recording has been made of the foregoing
procedures of which these minutes are a part, and is
on file in the office of the City Clerk.
RESOLUTION NO. 82-13
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING
AND DIRECTING IHE MAYOR TO SIGN AN AGREE-
MENT WITH THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL
ASSISTANCE FOR COMMUNITY SERVICES ACT
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Section 1. That the Mayor is hereby authorized and directed to sign
in the name and on behalf of the City Commission an Agreement between the
Florida Department of Community Affairs and the City of Atlantic Beach
under the Florida Financial Assistance for Community Services Act.
Section 2. That all funds necessary to meet the contract obligations
of the city or county and its delegate agencies (if applicable) with the
Department have been appropriated and said funds are unexpended and unencumbered
and are available for payment as prescribed in the contract. The city or
county shall be responsible for the funds for the local share notwithstanding
the fact that all or part of the local share is to be met or contributed by
other sources, i.e. , contributions, other agencies, or organization funds.
Section 3. This resolution shall take effect immediately.
* ,. * * * * * * * * * * k * * ,. * *
Passed by the City Commission June 28, 1982
ATTEST:
(SEAL)
"\
Pat Whitney, City Clerk
1