Loading...
03-11-85 v ' 1 , AGENDA CITY OF ATLANTIC BEACH March 11, 1985 Call to Order Invocation and Pledge to Flag 1. Approval of Minutes of February 25, 1985 2. Recognition of Visitors 3. Correspondence 4. New Business A. Proposal to seek state funding to introduce program in the three Beaches communities aimed at detering the drinking driver B. Request by Stokes $ Company, developer of Fairway Villas, that the City clarify/modify restrictions imposed in recorded plat to allow clearing, landscaping, and fencing in the area C. Police Department Monthly Report - February 1985 5. Unfinished Business A. Further Consideration of Plans by Cox Cable to sell its cable systems serving the Beaches communities to Rifkin/Jacksonville Beaches Associates. 6. Action on Ordinances A. Ordinance No. 75-85-4 - Amending the Ordinance Code of the City of Atlantic Beach, Florida; Amending Chapter 21, Article II, Division 1, Section 21-24(a) to Provide for Adoption by reference of Florida Statutes Chapter 705.16, on Abandoned Property in its entirety; Providing an Effective Date - Final Reading-Public Hearing B. Ordinance No. 80-85-25 - Amending the Ordinance Code of the City of Atlantic Beach, Florida; Amending Chapter 22, Article II, Section 22-22 to Provide a Fee of $10.00 to Re-establish Service After Cut-off; Providing an Effective Date - Final Reading-Public Hearing C. Ordinance No. 80-85-25 - Amending the Ordinance Code of the City of Atlantic Beach, Florida; Amending Chapter 22, Article II, Section 22-28, to Provide a New Subparagraph 2 Which Sets Forth Rates and Charges for Water Service for Customers Outside the City Limits; Providing an Effective Date '4. D. Ordinance No. 90-85-86 - Zoning Property Herein Described Owned by Vincent F. DeSalvo, Jr. , From ILW to CG as Defined Under the Zoning Code of the City of Atlantic Beach; Providing an Effective Date. E. Ordinance No. 90-85-87 - Zoning Property Herein Described and ` Owned by Bull Brothers, Ltd. , to CG and RG-2 as Defined Under the Zoning Code of the City of Atlantic Beach, Florida; Providing an Effective Date. 7. Miscellaneous Business ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HALL ON MARCH 11, 1985 AT 7 :15 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E William I. Gulliford, Jr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: Richard C. Fellows, City Manager 0 ET C Claude L. Mullis, City Attorney I O Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Morris, was followed by the pledge to the flag. Approval of the Minutes of February 25, 1985. Motion: Approve the minutes of February 25, 1985 as presented. Cook x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Van Ness x x * is * * * * k * * * * * * * * * * * * * * x * * * * * * Howell x Recognition of Visitors - None .orrespondence - None New Business A. Proposal to seek state funding to introduce program in the three Beaches communities aimed at deterring the drinking driver Motion: Join with the other two beach cities in the program. Cook x Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * t * * ;: ;: ;; * ;: ;: .. * r :: ;: :; * Howell x B. Request by Stokes & Company, developer of Fairway Villas, that the City clarify/modify restrictions imposed in recorded plat to allow clearing, landscaping, and fencing in the area. The City Attorney advised there was nothing the Commission could do in view of the fact that what they were asking the Commission to modify was those conditions that were placed on the plat which were restric- tions and covenants running with the land which were for the use and benefit of the people that bought the property. All property owners would have to consent to the changing of the plat. Mrs. Ruth Gregg, member of the Advisory Planning Board, was recognized and said that property owners have constructed fences,patios,etc. on the 40"green area" buffer zone. No one applied for building permits. Commissioner Morris commented that one of Mr. Chuck James' strong selling points when he originally offered the proposal for Mr. Ahern was that a burm buffer zone would run along Mayport Road and it appeared the buffer PAGE TWO V V MINUTES NAME OF MARCH 11, 1985 COMMRS. M S Y N New Business - continued was being chopped up. Mr. Doug Miller of England, Thims & Miller and also representing Stokes & Co. along with Mr. Joe Collins, stated for the record that the PUD Ordinance required either a fence be construct- ed or a burm, and Stokes chose to construct a fence. He expressed the opinion that the confusion taking place were the restrictions on the plat of the green area that was identified in the PUD. There was nothing in the PUD that prohibits fencing or removing natural vegeta- tion and putting in landscaping in the buffer area. Mr. Miller asked the Commission if there would be any objection to amending the plat. The restrictions would clarify/modify to allow clearing, landscaping, and fencing on the buffer zone, but no construction. The City Attorney noted the definition of structure includes driveways, patios, fences, swimming pools, or anything that is attached to the property. Mr. Joe Collins commented that the surveyors had made an error in preparing the plat and listed the wrong restrictions for the green area. Following discussion, it was the consensus of the majority of the Commission that they would have no objections providing all existing property owners sign off on the new plat to be recorded. Commissioner Van Ness suggested that some rules and regulations should be given the property owners re-, garding the necessity for building permits. Commission agreed. Mayor Howell suggested Mr.Miller and Mr. Collins contact the City Attorney for the proper procedures. C. Police Department Monthly Report - February 1985 Mayor Howell acknowledged receipt of the Police Department monthly report. As there were no questions, he instructed the report be filed for information. Unfinished Business A. Further Consideration of Plans by Cox Cable to sell its cable systen.s serving the Beaches communities to Rifkin/Jacksonville Beaches Associates Mayor Howell advised that Cox Cable had appeared before the CATV Board with its proposal for transfer of their franchise. The CATV Board recom- mended the Commission approve the sale under the terms of the franchise. Neptune Beach has also approved the sale and is in the process of going through the necessary paper work. Motion: Instruct the City Attorney to prepare the necessary Ordi- Cook x x nance for introduction at the next meeting to allow the Gulliford x sale of Cable TV from Cox Cable to Rifkin/Jacksonville Morris x Beaches Associates. Van Ness x x Howell x During discussion before the vote, the City Attorney advised an Ordinance was already prepared. It was decided the proposed Ordinance would be read on first reading under item 6. PAGE THREE V V MINUTES NAME OF MARCH 11, 1985 COMMRS. MS Y N Action on Resolutions A. Resolution No. 85-5. Mayor Howell presented and read in full Resolution #85-5, a Resolution making a tentative award on a contract for a new 1.0 MGD wastewater treatment plant subject to approval of EPA and DER. The City Manager called the attention to the first paragraph, after Project No. , it should be inserted a capital C in front of the numbers. The letter C was left out inadvertently. Mayor Howell stated the Resolution would tentatively award the bid to J. W. Meadors & Company, who was the low bidder, at $1,315,000.00. Work would not start until receipt of EPA and DER approval of the award, and then approval by the City Commission. Motion: Move to adopt Resolution No. 85-5 with the change pointed Cook x out by Mr. Fellows. Gulliford x x Morris x During discussion before the vote, Mr. Fellows pointed out to the Van Ness x x audience and news media that over $100,000.00 was saved on the con- Howell x tract by the insertion of a provision for poured-in-place tanks. The provision was suggested by Commissioner Gulliford. The question was called and the motion carried unanimously. Action on Ordinances A.Ordinance No. 75-85-4 Final Reading - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 21, Article II, Division 1, Section 21-24(a) TO PROVIDE FOR ADOPTION BY REFERENCE OF FLORIDA STATUTES CHAPTER 705. 16, ON ABANDONED PROPERTY IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell, in full, in writing for second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing. The Chair recognized Mrs. Ruth Gregg, 905 Sailfish Drive. Mrs. Gregg asked if the Ordinance covered abandoned cars on private property or public property. The Mayor said it covers both private and public and copies State Law. She asked if the Police or the Public would handle complaints. The City Manager responded that probably complaints would be handled through the Code Enforcement Board and the Police Depart- ment jointly. The City will try to work with people and get the vio- lation resolved through friendly persuasion. If that does not work, then it would go to the Code Enforcement Officer who would go through the same process, and then serve them with official papers and bring them before the Code Enforcement Board. In cases of abandoned auto- mobiles, the Police Department has certain powers that if they post the vehicle, they can have it removed. The Police Chief told Mrs. Gregg he would certainly appreciate the input from the residents who know PAGE FOUR V V MINUTES NAME OF MARCH 11, 1985 COMMRS. M S Y N Action on Ordinances - continued the junk cars location. Mr. Gary Dixon, 775 Sabalo Drive stated that whenever he came to City Hall to question several things that went on in Royal Palms he was shot out the door, and never received answers. Whenever he asked for a permit to do the same thing, he was told he was not able to do it. He said at 785 Sabalo Drive, the front porch was extended four feet farther than his and his carport went by the City Ordinance. Someone came over and inspected his carport when he completed construction. He also reported a mailbox on Plaza that was set in concrete along the road on public right-of-way. He asked City Hall if he could put one in and the answer was negative, he couldn't do it, the owner of the property on Plaza would be required to remove his off of public property. The mail box is still there.He added that he had a junk car in his back yard that he had started to make a dune buggy out of, but his wife had put her foot down, and the car will be removed. He concluded by saying a car has been parked on Mako Drive for three months, and nothing has been done about moving it. The Chief of Police told Mr. Dixon if he would contact him, he would put a notice on the car for possible towing. Mr. Alex Vargo, 167 Poinsettia, representing 13 residents, complained about two inoperable vehicles sitting in his neighbors front yard for the past four months. He stated Chief Royal, Acting Code Enforcement Officer, had visited the site and determined there was no violation at the present time. Mr. Vargo did not agree with Chief Royal and asked for guidance from the Commissioners as the 13 residents felt the two vehicles were unsightly. After a lengthy discussion, the Mayor suggest- ed Mr. Vargo meet with the City Manager, Mr. Fellows,and Mr. Royal to discuss the matter. Mayor Howell said the Ordinance "cannot control aesthetics, per se, and beauty is in the eye of the beholder". There has to be other circumstances in connection with the complaint. As no one else spoke for or against, the Mayor declared the Public Hear- ing closed. Motion: Said Ordinance No.75-85-4 be passed on second and final Cook x reading. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Ordinance No. 80-85-25- Final Reading-Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-22 TO PROVIDE A FEE OF $10.00 TO RE-ESTABLISH SERVICE AFTER CUT-OFF; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell, in full, in writing for second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor then opened the floor for a Public Hearing. PAGE FIVE V V MINUTES NAME OF MARCH 11, 1985 COMMRS. MSYN Action on Ordinances - continued As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Move for passage of Ordinance #80-85-25 on second and final Cook x reading. Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Ordinance No. 80-85-26 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-28, TO PROVIDE A NEW SUBPARAGRAPH 2 WHICH SETS FORTH RATES AND CHARGES FOR WATER SERVICE FOR CUSTOMERS OUTSIDE THE CITY LIMITS; PROVIDING AN EFFECTIVE DATE. Mayor Howell corrected the Ordinance No. The agenda listed the number as Ordinance 80-85-25 and should read 80-85-26. laid Ordinance was presented by Mayor Howell in full, in writing, on Eirst reading. Motion: Ordinance No. 80-85-26 be passed on first reading. Cook x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Van Ness x x The Public Hearing was set for March 25, 1985. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Ordinance NO. 90-85-86 - First Reading AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED BY VINCENT F. DeSALVO, JR. , FROM ILW TO CG AS DEFINED UNDER THE ZONING CODE OF THE CITY OF ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell in full, in writing, on first reading. Motion: Ordinance No. 90-85-86 be passed on first reading. Cook x x Gulliford x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x Howell x The Public Hearing was set for April 22, 1985. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V V MINUTES NAME OF MARCH 11, 1985 COMMRS. M SY N Action on Ordinances - continued E. Ordinance No. 90-85-87 - First Reading AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED AND OWNED BY BULL BROTHER' LTD. , TO CG AND RG-2 AS DEFINED UNDER THE ZONING CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell in full, in writing, on first reading. Motion: Ordinance No. 90-85-87 be passed on first reading. Cook x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x Van Ness x x The Public Hearing was set for April 22, 1985. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * is * * * * Ordinance No. 40-85-13 - First Reading (See Unfinished Business-A.) AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 40-79-9 OF THE CITY OF ATLANTIC BEACH, FLORIDA, GRANTING NON-EXCLUSIVE FRANCHISE TO COX CABLE )F JACKSONVILLE BEACHES, INC. BY APPROVING TRANSFER OF NON-EXCLUSIVE FRANCHISE FROM COX CABLE OF JACKSONVILLE BEACHES, INC. TO RIFKIN/JACK- SONVILLE ASSOCIATES, LTD. , TO OPERATE CABLE TELEVISION SYSTEMS IN SAID CITY, PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell in full, in writing, on first reading. Motion: Ordinance No. 40-85-13 be passed on first reading. Cook x x Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x Howell x The Public Hearing was set for March 25, 1985. :ti SSC * * * * * * is * * * JCC SSC * * * is * * * * * * * * * * * * * * * Miscellaneous Business Mr. Fellows advised the Capital Improvements Budget approved by the Commission earlier in the year provides for some additional equipment for Public Works, water and sewer, and the Police Department. He re- quested authority to purchase two pick-up trucks for Public Works, one pick-up truck for the Water Division, and one pick-up truck for the Sewer Division. The Police Chief decided that he really did not need a new car at the present time, but was in need of a four-wheel drive vehicle in order to respond to emergencies on the beach. The vehicle would also be available for use by the Fire Department. All of the vehicles would be purchased under the State Contract which does not require bids. PAGE SEVEN V V MINUTES NAME OF MARCH 11, 1985 COMMRS. MSYN Miscellaneous - continued Motion: Move to authorize the City Manager to pursue purchasing Cook x under State contract the vehicles named. Gulliford x x Morris x During discussion before the vote, Commissioner Morris asked about Van Ness x x the cost. Mr. Fellows stated there would be an additional $2,000 per Howell x unit to be charged to contingency fund. The cost of the utility bodies has increased since the quote received last summer. The four wheel drive vehicle was also discussed. The Chief stated the vehicle would be a necessity due to the soft sand being pumped onto the beach. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell commented that the Legislature will be convening in April. He asked the Commission to note on the report handed to them by the City Manager regarding Police and Fire Pensions. On the proposed bill the Board of Trustees would be independent from the Municipalities which it serves. The Board could then provide for its own attorney and staff, and could theoretically increase pension benefits without the approval of the city. This in turn could cause considerable funding problems. Mayor Howell said they may wish to discuss the subject in he very near future. He will advise later. Mr. Fellows stated when the Commission authorized the relocation of the water line on Mayport Road, it was an unbudgeted item. The former City Manager indicated it would be paid for out of surplus general funds. The Finance Director researched the various accounts and they determined with conservative use of the water operations, they would be able to pay the full cost and the painting and refurbishing of the water tower out of water operations. He asked the Commission to rescind the action to pay that amount out of the general fund and let the water operations pay for their own activities. Commission agreed. Commissioner Gulliford told the Chief of Police about a blind corner at First and Ocean Blvd. He suggested either place at that inter- section, the restriction on parking farther back than 15 feet that was set up, or make it a four-way stop. Ahern and Ocean is similar, but not quite as bad. Chief Thompson said he would handle the problem. Commissioner Van Ness asked the Commission to look at the tennis court adjacent to City Hall in regards to future plans. She stated the court should either be torn down and turned into a park or rebuilt and brought up to specifications of a tennis court. She also said the lights need to be redone at the tennis courts in Russell Park. Commissioner Van Ness asked how did Selva Norte subdivision get left out of street lighting during development. She said it was so dark that one could easily get hurt when going to their car at night. The City Manager stated he would check with JEA on the matter. PAGE EIGHT V V MINUTES NAME OF MARCH 11, 1985 COMMRS. M S Y N Miscellaneous Business - continued Commissioner Morris asked that the end school zone sign on the south end of Seminole Road be moved to the front of the tree so that it is visible. Mayor Howell asked the Sewer Committee to meet again on Buccaneer Utilities. The meeting was set for Friday, March 15, 1985 at 5:00 p.m. Commissioner Gulliford asked for the Retirement Board to meet on Monday, March 25, 1985 at 6:00 p.m. prior to the regular Commission meeting. The City Manager stated he would so advise. There being no other business to come before the Commission, the Mayor declared the meeting adjourned. /7/' ,41* '� it a00- . Howel Mayor-Commissioner ATTEST:h4i V� ii: Adelaide R. Tucker CMC City Clerk RESOLUTION NO. 85-5 A RESOLUTION MAKING A TENTATIVE AWARD ON A CONTRACT FOR A NEW 1 .0 MGD WASTEWATER TREATMENT PLANT SUBJECT TO APPROVAL OF EPA AND DER WHEREAS, the City of Atlantic Beach is implementing a program of wastewater system improvements assisted by construction grant funding from the U. S. Environmental Protection Agency, EPA Project No. 120747030, and WHEREAS, with the prior approval of EPA, the project was advertised and bids for construction were received on February 8, 1985, publicly opened and read aloud, and WHEREAS, upon checking and evaluation of the bids received, the consulting engineers, Robert Bates $ Associates, Inc. , have determined the bid of J. W. Meadors $ Company to be the lowest and best bid received for construction of Part 2 - New 1 .0 MGD Package Treatment Plant and Improvements, and WHEREAS, the Engineers have made written recommendation that the contract for said Part 2 be tentatively awarded to J. W. Meadors $ Company in the bid amount of $1,315,000.00 pending receipt of EPA and DER approval of the award, NOW, THEREFORE, BE IT RESOLVED that the construction contract for Part 2 - New 1 .0 MGD Package Treatment Plant and Improvements be tentatively awarded to J. W. Meadors F Company in the amount of $1,315,000.00 subject to receipt of EPA and DER approval of award; BE IT FURTHER RESOLVED, that the City Manager and Engineers shall complete and submit for EPA and DER review and concurrence all required documents of Part 2 of the Grant Offer and Acceptance. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission March 11, 985. -0"/""r ---.-,- g107 Wil a S. owell, May Presiding Officer (SEAL) A/TTTE�STT: Adelaide R. Tuc er, CMC, City Clerk App oved as to Form a Co ' ectne s: al/L,Ctie � Claude L. Mullis, City Attorney