11-25-85 v AGENDA
CITY OF ATLANTIC BEACH
November 25, 1985
Call to Order
Invocation and Pledge to the Flag
1 . Approval of the Minutes of the regular meeting of November 11, 1985
2. Recognition of visitors
3. Appearances:
A. Representatives of Gee and Jenson appearing for the
purpose of negotiating a basis of fee in connection with
design work on the Atlantic Beach Public Safety building
B. Mr. Taylor Bush, representing Stokes O'Steen, requesting
an amendment to the planned unit development for Land
Harbor
4. Report by Commissioner John Morris on recommendations of the
Atlantic Beach Advisory Planning Board
S. Further discussions relative to the procedures to be followed in
providing a system of retirement for elected officials
6. Discussions by the City Commission regarding a modification of the
pay grid proposed by Long and Associates and recently adopted by
the City
7. Report by Commissioner Gulliford on a meeting of the committee
appointed to review and recommend a vendor for the furnishing of
computer hardware for the Public Safety Department
8. Action by the City Commission to correct the legal description
attached to an approved exception for an automobile repair garage
for Alvin and Frances Masters
9. Action by the City Commission to authorize advertising for bids on
the construction of the westside force main for the Buccaneer Water
and Sewer District and for bids on television inspection of the
existing collection system within the City of Atlantic Beach
10. Discussion of the desirability of adopting a resolution asking the
State Department of Transportation to undertake a traffic light
study at the corner of Church and Mayport Roads
11. Action on Ordinances:
A. Introduction of an Ordinance amending the Ordinance Code
of the City of Atlantic Beach to provide an increase in
garbage and sanitation fees as anticipated in the new
City budget and setting of a public hearing for December
9, 1985
B. Introduction of an Ordinance amending the Ordinance Code
of the City of Atlantic Beach, Florida; amending Chapter
14 to provide for the appointment of a five-member
Advisory Planning Board and setting of a public hearing
for December 9, 1985
C. Introduction of an Ordinance amending the Ordinance Code
of the City of Atlantic Beach, Florida; amending Chapter
22 to provide that wells will require a permit from the
City, and to require bacteriological testing on wells
designed for potable use, and setting of a public hearing
for December 9, 1985
12. Miscellaneous business
13. Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON NOVEMBER 25, 1985 AT 7:15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order at 7:15 p.m. by Mayor Howell. The invo-
cation, a prayer written for our Country by George Washington was offer-
ed by Commissioner Cook and was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of November 11,1985
Motion: Minutes of the regular meeting of November 11, 1985 be Cook x
approved as submitted. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * ;e k * * * k * * * * ;: ;; * ;: * * sr X Howell x
Recognition of Visitors - None
Appearances:
A. Representatives of Gee and Jenson appearing for the purpose of
negotiating a basis of fee in connection with design work on the
Atlantic Beach Public Safety Building.
Mr. Bill Bryant, representing Gee and Jenson, introduced his staff
who would be working on the project, Melody Linger and Jim English.
Mr.Bryant offered to undertake the work effort on the Public Safety
building in two phases. The first phase would be the preparation of
a Master Plan and the second phase would be the design of the facility
based upon the alternative the city chose out of the master plan submit-
ted. The purpose of a Master Plan would be to evaluate all input present-
ly available in regard to the existing facility as well as any documents
or information available as to what people thought the present and future
needs of the City of Atlantic Beach might be, insofar as not only a
Public Safety building but possibly other municipal functions housed is
the same general area in the future. The Master Plan would provide esti-
mates of cost and would be submitted to the Commission for their consid-
eration before the second phase of architectural engineering design
effort commenced. Total cost for the Master Plan (phase one) would be up
to, but not to exceed $3,800. The Master Plan would be presented to the
Commission at their regular meeting in January.
The Commission and staff from Gee & Jenson discussed the pros and cons
of remodeling the facility using parts of the existing building or a
totally new facility.
Motion: Authorize an expenditure not to exceed $3,800 to engage Gee Cook x
& Jenson for a Master Plan of the area and facilities to offer Gulliford x
alternatives to the Commission at a meeting in January,1986. The
Mayor be authorized to execute the contract on behalf of the ci:y.
PAGE TWO V V
MINUTES NAME OF
NOVEMBER 25, 1985 COMMRS. MSYN
Appearances: A. continued
Following discussion, the question was called and the motion carried Cook x
unanimously. Edwards x
Gulliford x
Morris x
* ;: * * * * * * * * * * * * * x * * x * * * * x ;: ;: * * ;; Howell x
B. Mr. Taylor Bush, representing Stokes O'Steen, requesting an amend-
ment to the planned unit development for Land Harbor.
Mr. Taylor Bush, representing Stokes O'Steen, developers of Land Harbor
offered copies of their revised layout necessitated after they discover,-
ed
iscovered a large telephone easement running diagonally across the property
that was missed on the title search. The Commission expressed concern of
easements on lots 15 and 27. Mr. Bush explained they were maintaining
minimum front and side yard set backs on all corner lots. Mr. Bush also
proposed to reduce the easement of the 80' right-of-way to 50' and still
maintain the 80' easement at the Mayport Road intersection. Commissioner
Morris expressed concern over reducing the easement as children had to
cross the bridge to go to school at the same time traffic would be heavy.
He also stated he wanted a sidewalk constructed as had been discussed
ith Mr. Bush during Advisory Planning Board meetings. Commissioner
_ orris reported the Advisory Planning Board recommended approval of
the PUD plans subject to an 80' right-of-way at entrance and reminded
the Commission there was only one ingress and egress to the property
and that was the proposed bridge. Access to the weir was discussed
at length as the city has to clean it out and control the drainage of
the lagoon. Following discussion, Commissioner Gulliford moved for the
following:
Motion: Approve the plans subject to Stokes O'Steen resubmitting a Cook x x
completed plan with sufficient identification to show the Edwards x
80'right of way carried east to the west bank of the creek, Gulliford x x
and the transition to 50' to take place at the west side of Morris x
the creek and continue easterly into the development, and Howell x
construction by the developer of a sidewalk on the side of
the entrance road opposite to the side on which the weir is
to be constructed.
Following discussion the question was called and the motion carried
unanimously.
* * * * * * * * * * * * * * * * * * * * * ;. .: * * * * * * * *
4. Report by Commissioner John Morris on recommendations of the Atlantis
Beach Advisory Planning Board
^ommissioner Morris reported the Advisory Planning Board met November
9,1985. Their recommendations were:
1. Recommend the approval of the application of Harry Gross for a
Use by Exception for property located at 40 Mayport Rd for use
PAGE THREE V V
MINUTES NAME OF
NOVEMBER 25,1985 COMMRS. MSYN
---------------
Advisory Planning Board Report - continued
by Exception in a CG zoned area for auto used car sales and
repairs in that he was grandfathered in. The Board also re-
commended the City Manager mail letters out to those others
who were grandfathered in.
2. Recommend the approval of a Use by Exception for property
located at 40 Mayport Road for use as used car sales in a CG
zoned area, subject to the landlord's agreement. The Board had
some concern regarding section 24-63 of the Code and recommend-
ed the Commission consider changing the section to provide some-
thing for the landlord to agree to before the tenant was allowed
to apply for a Use by Exception. The City Attorney said that any-
thing affecting the use of a piece of property the city should
make sure the request was applied for by the owner or an authori-
zed agent if the Use by Exception was going to run with the land.
On rezoning, the city requires the owner to apply. It was the
consensus of the Commission the Ordinance should be amended to
require the owner of the property or an authorized agent shall
apply in writing for a Use by Exception.
3. Recommend approval of an application for Use by Exception by
the Assembly of God Church at 680 Mayport Road requesting the
use of a portion of the church be used as a Christian day care
center to care for approximately 125 children.
Motion: Approve the Use by Exception for item 1, Harry Gross, Morris x
980 Mayport Road for used car sales, auto garages. Gulliford x
Discussion was held on whether to hold Public Hearings.
Substitute Motion: The three recommendations by the Advisory Cook
Planning Board of items 1, 2, and 3 be set for a Public Edwards
Hearing on December 9, 1985 and acted on the same day. Gulliford x
Commissioner Morris asked that item 2 be subject to receipt of Mr.
Demetree's approval of the Use by Exception. Commissioner Gulliford
changed his substitute motion to omit item 2 from the Public Hearing.
Commissioner Morris then withdrew his original motion and Commissioner
Gulliford withdrew his second to the motion. The substitute motion
died for lack of a second.
Motion: Act on the recommendations on items 1, 2, and 3 by the Cook x x
Advisory Planning Board on December 9, 1985 subsequent Edwards x
to a Public Hearing to be held on the same three items. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
The City Attorney will prepare an Ordinance concerning Section
24-63.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FOUR V V
MINUTES NAME OF
NOVEMBER 25, 1985 COMMRS. MSYN
5. Further discussions relative to the procedures to be followed in
providing a system of retirement for elected officials
Motion: Defer consideration of item 5 until December 9, 1985. Cook x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * Howell x
6. Discussions by the City Commission regarding a modification of
the pay grid proposed by Long and Associates and recently adopted
by the City.
Motion: Defer consideration of item 6 until December 9, 1985. Cook x x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
7. Report by Commissioner Gulliford on a meeting of the Committee
appointed to review and recommend a vendor for the furnishing
of computer hardware for the Public Safety Department
.,ommissioner Gulliford submitted his written report with attached bid
tabulation. He reported only the bids of NCR and Computerland met the
specifications as advertised. He asked the City Manager if he had ex-
plained to the vendors that they would like to see some acknowledge-
ment in writing with respect to the response time and the provision
of a loaner, etc. The Chief of Police responded that he had talked to
the potential vendor and was told he would honor the specifications
as to response time and would furnish requests in writing.
Motion: Approve the Committee report and the contract be awarded Cook x
to Commputerland for Compaq 286 Deskpro in the amount of Edwards x x
$6,871.80. Gulliford x x
Morris x
During discussion before the vote, Mayor Howell asked if the radio Howell x
problems had been corrected as he did not wish to purchase a computer
until we had the radios in working order. The City Manager stated the
State of Florida had provided the Chief with specifications and he
expected to bid the communications system out shortly. The Chief of
Police commented he had been working on that since May and the money
for communications had been set aside. The question was called and
the motion carried unanimously.
�c 4c * * * .. * * * * * * * * * * * * * * * 'c * * * * * * * *
*. Action by the City Commission to correct the legal description
.ttached to an approved exception for an automobile repair garage for
avin and Frances Masters
Mayor Howell explained the Commission had approved an exception several
weeks ago for Alvin and Frances Masters for an automobile repair garage.
PAGE FIVE V V
MINUTES NAME OF
NOVEMBER 25, 1985 COMMRS. MSYN
8. Alvin and Frances Masters - continued
There was an error of the legal description on the application. The
application defined the area as being on Levy Rod, Lot 3, Block 53,
Section H. The survey showed that in addition to Lot 3, they were
also utilizing a portion of Lot 2. Mayor Howell said in looking at
the survey, it appeared the garage was on part of Lots 2 and 3, not
all of Lot 3. No one was present to discuss the matter.
Motion: Defer consideration on item 8 until December 9, 1985. Cook x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
9. Action by the City Commission to authorize advertising for bids
on the construction of the westside force main for the Buccaneer Water
and Sewer District and for bids on television inspection of the exist-
ing collection system within the City of Atlantic Beach.
The Commission had no objection to advertising for above mentioned
bids.
_0. Discussion of the desirability of adopting a Resolution asking the
State Department of Transportation to undertake a traffic light study
at the corner of Church and Mayport Roads.
Motion: Passage of Resolution requesting a study be made on traffic Cook x
at Church and Mayport Roads. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * ;; * * * * * * * * * * * ;: * * * * * * Howell x
11. Action on Ordinances
A. ORDINANCE NO. 55-85-21, AN ORDINANCE AMENDING THE ORDINANCE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA: AMENDING CHAPTER 16 REFUSE AND
GARBAGE, SECTION 16-1 DEFINITIONS TO RESTRUCTURE AND SIMPLIFY THE
DEFINITIONS; AMENDING 16-2 GARBAGE CANS AND TRASH CONTAINERS TO PROVIDE
FOR THE USE OF COMMERCIAL DUMPSTERS; AMENDING SECTION 16-7 FEES FOR
COLLECTION TO INCREASE RESIDENTIAL AND COMMERCIAL RATES; PROVIDING AN
EFFECTIVE DATE.
Mayor Howell introduced Ordinance No. 55-85-21 in full, in writing, on
first reading.
Motion: Passage of Ordinance No. 55-85-21 on first reading. Cook x x
Edwards x
No discussion before the vote. Motion carried unanimously. Gulliford x x
Morris x
The Mayor set the Public Hearing for December 9, 1985. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE SIX V V
MINUTES NAME OF
NOVEMBER 25, 1985 COMMRS. MS Y N
B. ORDINANCE NO.95-85-27, AN ORDINANCE AMENDING THE ORDINANCE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 14, ARTICLE II,
SECTION 14-17, TO CHANGE THE COMPOSITION OF THE ADVISORY PLANNING BOARD
FROM FOUR (4) MEMBERS TO FIVE (5) MEMBERS; AMENDING SECTION 14-18 TO
ELIMINATE THE PROVISION THAT A COMMISSIONER MAY SUCCEED HIMSELF ON THE
BOARD; AMENDING SECTION 14-21 TO PROVIDE THE PROCEDURES FOR TRANSMITTINS
RECOMMENDATIONS FROM THE ADVISORY PLANNING BOARD TO THE CITY COMMISSION;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell introduced Ordinance No. 95-85-27 in full, in writing, on
first reading.
Motion: Passage of Ordinance No. 95-85-27 on first reading. Gulliford x
Morris x
During discussion before the vote, Commissioner Morris asked the City
Attorney for clarification on the Ordinance. Mr. Mullis said that under
the Constitution of the State of Florida you cannot hold any two muni-
cipal, county or state offices. The Attorney General ruled the Resign to
Run law that a member of the Zoning, Planning Advisory Board does con-
stitute an Officer of the City. He added the Advisory Planning Board,in
any zoning matter, was supposed to be an independent thinking body as
opposed to the governing body. Commissioner Morris asked under Section
4-21 that the Chairman or a member designated by the Chairman pre-
vent the report at the Commission meeting, rather than simply rely on
a written report. The City Manager stated he planned to attend the meet-
ings and if desired by the Commission, he would submit the reports.
The City Attorney said the proper procedure would be findings and fact
submitted in writing.Following discussion, the question was called and Cook x
the motion carried unanimously. Edwards x
Gulliford x
The Public Hearing was set for December 9, 1985. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
C ORDINANCE NO. 80-85-29, AN ORDINANCE AMENDING THE ORDINANCE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE II,
TO CREATE A NEW SECTION 22-40, TO PROVIDE THAT WELLS WILL REQUIRE A
PERMIT FROM THE CITY; CREATING SECTION 22-41, TO REQUIRE BACTERIO-
LOGICAL TESTING ON WELLS DESIGNED FOR POTABLE USE; PROVIDING AN EFFEC-
TIVE DATE.
Mayor Howell introduced Ordinance No. 80-85-29 in full, in writing
on first reading.
Motion: Passage of Ordinance No. 80-85-29 on first reading. Cook x x
Edwards x
Gulliford x x
Commissioner Morris asked the City Attorney if the city did not pro- Morris x
"ide water did we have the right to insist the wells be tested. Mr. Howell x
[ullis said the city had the power to protect the health and welfare
of the community. The question was called and the motion carried
unanimously. The Mayor set the Public Hearing for December 9, 1985.
PAGE SEVEN V V
MINUTES NAME OF
NOVEMBER 25, 1985 COMMRS. M S Y N
Miscellaneous Business
Commissioner Cook noted with pleasure the cash flow report from the
Buccaneer Water and Sewer District.
Commissioner Morris recommended the Commission consider Mr. Guy Jenninga
to be re-appointed to the Advisory Planning Board. The Mayor thanked
Commissioner Morris for his recommendation. Action to be taken at the
next meeting.
Mr. Mullis commented he was in the process of preparing and will adver-
tise notice of intentions that apply to the Legislature for amending the
Charter to eliminate the provision for write-ins under Section 84.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 8:43 p.m.
if
(SEAL) Ma . r ding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
RESOLUTION NO. 85-28
A RESOLUTION REQUESTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION CONDUCT A STUDY
TO DETERMINE THE DESIRABILITY OF INSTALLING
A TRAFFIC LIGHT AT THE INTERSECTION OF MAYPORT
ROAD AND CHURCH STREET
WHEREAS, Mayport Road has recently been improved by the Department of
Transportation, and
WHEREAS, the road transitions from six lanes to four lanes at Church
Street, and
WHEREAS, the City feels there may be a safety problem at this particular
area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1 . The State of Florida Department of Transportation be, and
it hereby is, requested to conduct the necessary study at
the intersection of Mayport Road and Church Street to
determine the desirability of installing a traffic light
in this particular area.
Section 2. That should a study indicate the need for a traffic light
and the same be installed, that it be synchronized with
the lights at Plaza and Levy Road.
Section 3. That this Resolution take effect upon its adoption.
PASSED BY THE CITY COMMISSION ON November 25, 1985.
William S. Howe 1, Mayor, residing Officer
Approved as to Form and Correctness:
)/ 'L?4,
Claude L. Mullis, City Attorney CERTIFICATION
I Certi;'vthis 1 be t:;ie tnd C07eot
CC y c. the Li
Attest: 1VITNESSETII ray Lcii < u y;-al real
of the City of AVantic
tris the -f'- ay of
Cry//(, tiGGcc�� 19 1
Adelaide R. Tucker, City Clerk
0 C- City Clerk