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05-27-85 v • AGENDA CITY OF ATLANTIC BEACH May 27, 1985 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of the regular meeting of May 13, 1985. 2. Recognition of Visitors. 3. Advisory Planning Board - Meeting of May 21, 1985. A. Introduction and first reading of an Ordinance rezoning property on Mayport Road north of the City's number 2 Water Plant from Open Rural (to Commercial General) as requested by Bull Brothers, Ltd. and setting a public hearing for June 10, 1985. (Ordinance No. 90-85-90) B. Introduction of an Ordinance amending the zoning ordinances of the City of Atlantic Beach to provide a new definition for corner lot and lot coverage and setting a public hearing for June 10, 1985. (Ordinance No. 90-85-91) C. Introduction of an Ordinance amending the zoning ordinance of the City of Atlantic Beach to provide that parking spaces in front of dwellings may occupy part of the required front yard. (Ordinance No. 90-85-92) D. Action by Council to approve a use by exception for the prop- erty at 533-L8 Atlantic Blvd. authorizing a contractors' office with no outside storage in a commercial general area. 4. New Business: A. Action by the Council on a request from Mr. G. E. Martin asking the Council to accept his resignation as the Atlantic Beach representative on the Beaches CATV Board. B. Action by the City Council on a request for sewer reservation of 2,000 gallons per day for the new Hardees Restaurant on Mayport Road at Levy. C. Action by the City Council on a request from Grenville, Meuse & Reyhani for sewer reservation for a 55 unit development off 11th Street in the amount of 16,000 gallons per day. D. Request from Dowling-Morrow, Inc. for a sewer reservation of 18,000 gallons per day for 65 units in Seminole Beach pro- ject 1 lying east of Seminole Road between 18th and 19th streets. E. Action by the Commission on a request by Dowling-Morrow, Inc. for water and sewer service for 32 units on a 2 acre parcel lying between Seminole Road and Beach Avenue and bounded on the north by 20th Street. This request would require a sewer reservation of approximately 8,800 gallons per day. F. Action by the City Commission to authorize the Mayor and Clerk to execute the State Loan Agreement on 1.5 million dollars worth of State Water Pollution Control Bonds. G. Receipt of a report and recommendation relative to 6 firms interested in performing the audit for the City of Atlantic Beach for the fiscal year ending September 30, 1985 and dis- cussion by the Council on the procedures to be followed in setting up oral interviews and selection of the top 3 firms. H. Consideration by the City Commission on a recommendation for engineering studies in section H to develop cost estimates for providing public improvements and the development of a financ- ing plan. I . Discussion by the City Council on the desirability of author- izing the City Manager to seek proposals from an outside firm to develop a new job classification and pay plan with job descriptions. J. Further discussion of a request from David Cole for the exten- sion of water service to property located at Tulip Street and Levy Road. 5. Action on Resolutions: A. Adoption of Resolution by the City Commission to authorize a budget adjustment to recognize additional revenues and author- ize additional appropriations for expenditures. (Resolution No. 85-13) 6. Miscellaneous Business. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HALL ON MAY 27, 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 O E T C Claude L. Mullis, City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 -ems The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook, was followed by the pledge to the flag. Approval of the Minutes of May 13, 1985 Commissioner Morris pointed out an error on page 14, second paragraph. Delete the words "Mr. Strayve and insert the words "Mr. Hurwitz". Motion: The minutes of the meeting of May 13, 1985 be approved as Cook x x corrected. Gulliford x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * x * * * * * * * * * * ;: * * * * * Howell x Recognition of Visitors - None Advisory Planning Board - Meeting of May 21, 1985 A. Introduction and first reading of an Ordinance rezoning property on Mayport Road north of the City's number 2 water plant from Open Rural to CG(Commercial General) as requested by Bull Brothers, Ltd. Ordinance No. 90-85-90 Commissioner Morris reported the Advisory Planning Board met with the subject developers and voted unanimously to approve parcels one (1) and (3) in the request for rezoning. The Board deferred any action on parcels two (2) and four (4) . The Developers indicated they would come back to the Advisory Planning Board under a PUD for that area. Ordinance No. 90-85-90, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MAP OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND DESCRIBED HEREIN AS PARCEL 1 AND PARCEL 3 FROM OPEN RURAL TO COMMER- CIAL GENERAL (CG) FRONTING ON MAYPORT ROAD; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell in full, in writing, on first reading. Motion: Ordinance No. 90-85-90 be passed on first reading. Cook x x Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x Mayor Howell set the Public Hearing for June 10, 1985. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE TWO V V MINUTES NAME OF MAY 27, 1985 COMMRS. MSYN Advisory Planning Board - continued B. Introduction of an Ordinance amending the zoning Ordinances of the City of Atlantic Beach to provide a new definition for corner lot and lot coverage . ORDINANCE NO.90-85-91- AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE II, SECTION 24-17 TO REDEFINE CORNER LOT AND LOT COVERAGE; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, on first reading. Motion: Ordinance No. 90-85-91 be passed on first reading. Gulliford x Van Ness x Commissioner Morris reported the Advisory Planning Board reviewed the request and thanks to the City Manager and Rene Angers, they came back to the Planning Board with good homework and pointed out that was in keeping with other cities in Northeast Florida. The Board recommended approval. Cook x The question was called and the motion carried unanimously. Gulliford x Morris x the Public Hearing was set for July 8, 1985. Van Ness x * * * k * * * * * * * * * * * * * sr * * * * * * * * * Howell x C. Introduction of an Ordinance Amending the Zoning Ordinance of the City of Atlantic Beach to Provide That Parking Spaces in Front Of Dwellings May Occupy Part of the Required Front Yard. ORDINANCE NO. 90-85-92, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-161, SUBPARAGRAPH (e) (1) TO PROVIDE OFF-STREET PARKING FOR A DWELLING MAY INCLUDE THE REQUIRED FRONT YARD; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, on first reading. Gulliford x Van Ness x Commissioner Morris reported the Advisory Planning Board reviewed the request and unanimously recommended approval. The question was Cook x called the motion carried unanimously. Gulliford x Morris x The Public Hearing was set for July 8, 1985. Van Ness x * * * * * * * * * * * * * * x * * * * * * * * * * * * * * Howell x D. Action by Council to Approve a Use By Exception For The Property at 533-L8 Atlantic Blvd. , Authorizing A Contractors' Office With No Outside Storage In A Commercial General Area. Commissioner Morris reported the Advisory Planning Board had reviewed the request and unanimously recommended approval. Mr. Floyd stated he planned to have only office space, no storage of equipment or materials. PAGE THREE V V MINUTES NAME OF MAY 27, 1985 COMMRS. MSYN Advisory Planning Board - continued Motion: Move to approve the variance as a use by exception for the Cook x property at 533-L8 Atlantic Blvd. authorizing a contractors' Gulliford x office with no outside storage. Morris x x Van Ness x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NEW BUSINESS A. ACTION BY THE COMMISSION ON A REQUEST FROM MR. G. E. MARTIN ASKING THE COMMISSION TO ACCEPT HIS RESIGNATION AS THE ATLANTIC BEACH REPRE- SENTATIVE ON THE BEACHES CATV BOARD. Mayor Howell acknowledged receipt of a request from Mr. Martin asking tie Commission to accept his resignation on the CATV Board. Mayor Howell sug- gested Mr. Martin's resignation be accepted as the CATV Board will prob- ably be abolished as it no longer serves the intended purpose. Motion: Accept Mr. G. E. Martin's resignation as the Atlantic Beach Representative on the Beaches CATV Board, and move Cook x x to contact Jacksonville Beach on how best to abolish the Gulliford x Board. Morris x Van Ness x x go discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Action By the City Commission On A Request for Sewer Reservation of 2,000 gallons per day for the new Hardees Restaurant on Mayport Road at Levy Road. Motion: Move to approve the request for sewer reservation of 2,000 gallons per day for the new Hardees Restaurant on Mayport Gulliford x Road at Levy Road, subject to the execution of the standard Van Ness x contract approved by the city. A lengthy discussion was held before the vote, which also included items C. , D. & E. regarding time limits on such requests,both inside and out- Cook x side city, and the manner of payment of impact fees. Since the requests Gulliford x for items B & C were inside the city limits, the Commission felt that Morris x positive consideration should be granted for those requests. The ques- Van Ness x tion was called and the motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Action by the City Commission on A Request from Grenville, Meuse & Reyhani for Sewer Reservation for a 55 Unit Development off 11th St. in the Amount of 16,000 gallons per day. Motion: Move to grant the request from Grenville, Meuse & Reyhani Gulliford x for sewer reservation for a 55 unit development off 11th Van Ness x St. in the amount of 16,000 gallons per day subject to the execution of the standard contract approved by the city. PAGE FOUR V V MINUTES NAME OF MAY 27, 1985 COMMRS. MSYN Discussion continued on time limits and manner of payment of impact fees. Many suggestions were offered by all present, such as all impact fees be paid up front; a percentage (10-25%) be paid up front, or a certain number of units be paid up front. The suggestion was made to instruct the City Manager to come back next Monday with a specific recommendation on how to handle the problem, and in the interim to keep people from waiting, give a tentative OK. Commissioner Gulliford withdrew his motion and moved the following: Motion: Move to approve the request from Grenville, Meuse & Reyhani Cook x for sewer reservation for a 55 unit development off 11th Gulliford x x St. in the amount of 16,000 gallons per day, subject to Morris x the standard agreements and conditions that have been used Van Ness x x in the past. Howell x The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Request from Dowling-Morrow, Inc. for a Sewer Reservation of 18,000 Gallons Per Day For 65 Units in Seminole Beach Project 1 Lying East Of Seminole Road Between 18th and 19th Streets. Item D was referred until the next meeting. The City Manager to meet with Mr. Dowling, Grenville, Meuse & Reyhani during the week for dis- cusion. The question was also raised as to the status of the 1 1/2 times charge with respect to the DER & EPA funding because that would be flow- ing into the city's system. Perhaps it would be better off to serve the outside city customers out of Buccaneer to preserve in the city capacity. Mr. Fellows advised they had written to them and met with DER & EPA in Tallahassee. He received a letter on Thursday indicating that unless the city could justify there was an additional cost to serve the people out- side, or unless the city chose to reduce the grant by the amount of people served outside, that the city could not levy the 1 1/2 percent surcharge outside in connection with the city system. Mr. Fellows added he had calculated the number of people served outside and it was about nine (9%) of the total capacity. The City would have to drop $172,000 of grant money and then DER/EPA would probably approve the surcharge. He expressed the opinion the fifty percent (50%) surcharge would pay back the $172,000 in very short order. The other possibility was to require everyone living outside the city to hook to Buccaneer. Mayor Howell pointed out several areas that needed to be looked at,including the possibility of Seminole Beach residents coming in. The City Attorney expressed the opinion the city should not take any action on the sur- charge without a lot more discussion with the State. E. Action by the Commission on a request by Dowling-Morrow,Inc. for water and sewer service for 32 units on a 2 acre parcel lying between Seminole Rd. & Beach Ave. and Bounded on the North by 20th St. This Request would require a Sewer Reservation of approximately 8,800 gal. per day. Item E. deferred until next Monday night. PAGE FIVE V V MINUTES NAME OF MAY 27, 1985 COMMRS. MS Y N New Business - continued F. Action by the City Commission to Authorize the Mayor and Clerk to Execute the State Loan Agreement on 1.5 Million Dollars Worth of State Water Pollution Control Bonds. Motion: Defer action until the next meeting. Cook x Gulliford x x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x G. Receipt of a report and recommendation relative to 6 firms interest- ed in performing the audit for the City of Atlantic Beach for the fiscal year ending September 30, 1985 and discussion by the Commission on the procedures to be followed in setting up oral interviews and selection of the top 3 firms. The City Manager reported he had set out in the Status Report the recom- mendation relative to the 6 firms the staff felt would be appropriate fpr the City Commission to interview. Request for Audit Proposals were ready to be sent to each Commissioner. He suggested setting up oral interviews of five to ten minutes per firm for Monday, June 3, 1985. Motion: Instruct the City Manager to send out notices to the six Cook x x firms for oral interviews on Monday, June 3, 1985. Each Gulliford x x firm to have seven minutes. Morris x Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. Consideration by the City Commission on a Recommendation for Engineer- ing studies in Section H to develop cost estimates for providing public improvements and the development of a financing plan. The City Manager reported he had furnished the Commission some indication of the building going on in Section H and said there were 88 new living units last year and 20 this year. There were nine applications pending. He suggested the Commission consider putting a moratorium on building permits in Section H until a decision was made on the entire section. Mr. Fellows stated he felt within 60 days he could have a report ready for Commission review that would indicate how the city should proceed to develop the area for the public facilities, and he thought the pend- ing applications could wait 60 days. Commissioner Gulliford expressed the opinion that the city would have some problems with a moratorium. The City Attorney advised against a moratorium unless it was justified. Commissioner Gulliford suggested a self imposed voluntary moratorium on the part of the citizens who should be willing to wait the 60 days. Motion: Authorize the City Manager to enter into competitive nego- Cook x tiations to seek out an engineering firm to study and Gulliford x x develop a plan for Section H with respect to services. Morris x Van Ness x x Motion carried unanimously. Howell x PAGE SIX V V MINUTES NAME OF MAY 27, 1985 COMMRS. MS Y N S New Business - continued Commissioner Morris asked the City Manager if he had checked with the City of Jacksonville on a plan for Section H and he replied in the affirmative. He said their Planning Board indicated they do not engage in the study of public facilities. The Mayor suggested the City Manager check to see if he could bring back at the next meeting some justifi- cation for a moratorium. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. Discussion by the City Council on the desirability of authorizing the City Manager to seek proposals from an outside firm to develop a new job classification and pay plan with job descriptions. No action taken. Deferred until the next meeting. J. Further discussion of a request from David Cole for the extension of water service to property located at Tulip St. and Levy Road. No action taken. Deferred until the next meeting. Action on Resolutions A. Adoption of Resolution by the City Commission to authorize a budget :ransfer adjustment to recognize additional revenues and authorize additional appropriations for expenditures. No. 85-13 Mayor Howell presented and read in full Resolution No. 85-13, a Resolution transferring certain monies between funds. The City Clerk requested the budget increase for the City Clerk be withdrawn, as she had asked during the budget hearings for part-time help in lieu of a raise. The Mayor thanked her for the request. Motion: Move to adopt Resolution No. 85-13. Cook x Gulliford x Commissioner Morris asked why it was all lumped together. Mr. Fellows explained the status report pointed out to the Commission, during the budget hearings last summer it was moved to address the City Manager and Clerk's salaries at a later date. The City Clerk therefore did not receive the regular cost of living increase all other employees receiv- ed which was 52%. (2nd item on budget adjustment) The first item had to do with understandings Mr. Fellows had when he came to work.Be- cause of the living conditions in Atlantic Beach, he was told if his wok was satisfactory after three months he would receive an increase. He came to work for the city for just about $100 more than he was making in Okeechobee. (lst item on budget adjustment) The third item had to do with making adjustments to the attorney's legal fees. The City recently had considerable legal fees having to do with the JEA suit, and other cases that are pending. Mr. Dickinson's fees were also included in the recent total expenditures.Commissioner Morris suggested some detail be brought back to the next meeting for review as the budget adjustment as presented was very vague. Mr. Mullis gave an oral report of all the cases either appealed or pending, and said he would furnish each Commis- sioner a detailed report in the near future. PAGE SEVEN V V MINUTES NAME OF MAY 27, 1985 COMMRS. M S Y N Action on Resolutions - continued Cook x The question was called and the motion carried unanimously. Gulliford x Copy of Resolution 85-13 is attached hereto and made a part Morris x hereof. Van Ness x * * * * * * * * „ * * * * * * * * .. * * * * * * * t * * * Howell x Miscellaneous Business - None There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:45 7-----7 . (Seal) 1� ''a: 4a1 Mayor/Presiding Officer . ATTEST: Adelaide R. Tucker ;ity Clerk RESOLUTION NO. 85-13 A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustment from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, that the attached Budget Adjustment No. 85-8 be approved for the 1984-85 Budget. * * * * * * * * * * * * Passed by the City Commission on Ma27, 1985 . ,,5i-01-r .,-;5!:: °11..- '4am •owe1l, Mayor Presiding Officer (SEAL) ATTEST: c4,C��r6i GL ir.___o,c., Adelaide R. Tucker, CMC City Clerk Approved as to Form and Correctness: K:g7e-fri--*-1), if A Claude L. Mullis, ity Attorney BUDGET ADJUSTMENT Date: 5_27_85 • ./A NUMBER: 85_8 _� ---_-- FUND: GENERAL FUND IS_ _EPARATE FORMS FOR EACH FUND MOUNTS MUST BE IN WHOLE DOLLARS EXPENDITURE REVENUE ACCOUNT ACCOUNT TITLE ADD DEDUCT DEDUCT ADD )1-512-1200 SALARIES 1,304 )1-512-2100 FICA 94 )1-512-2200 PENSIONS 184 )1-517-1200 SALARIES 358 )1-517-2100 FICA 27 )1-517-2200 PENSIONS 33 )1-514-4900 OTHER CURRENT CHARGES 26,000 )1-313-1002 FRANCHISE ELECTRIC 28,000 XPLANATION: To increase budgetary authority in the accounts shown above for the City Manager, City Clerk, and the City Attorney. These budget increases will be funded by projected excess electric franchise revenues. LATED BY R. C. Fellows DATE: 5/27/85 OMMISSION ACTION REQUIRED: yes DATE RECEIVED: