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05-23-77 v CITY OF ATLANTIC BEACH, FLORIDA May 23, 1977 Call to Order Invocation and Pledge to Flag 1. Approval of the minutes of May 9, 1977 2. Recognition of Visitors 3. Correspondence A. George Bull re Ordinances 80-77-16 and 80-77-17. 4. Report of City Manager 5. Unfinished Business Commissioner A. Recommendation of Planning Board - Selva Marina Units 10 and 11 - Jensen 6. Report of Committees 7. Action on Resolutions 8. Action on Ordinances A. Ordinance 80-77-16 Sewer Connection Charge - Third Reading - Public Hearing B. Ordinance 80-77-17 Water Supply Charge - Third Reading - Public Hearing C. Chapter 18 Refuse, Garbage and Weeds Amendment - Commissioner Mhoon - Second Reading D. Chapter 4 Animal and Fowl Ordinance Amendment - Commissioner Mhoon - Second Reading E. Ordinance on Election Code, Ordinance No. 33-77-4, Second Reading 9. Miscellaneous Business 10. Adjourn Copies to Planning Board Members MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MAY 23 , 1977 AT 8: 00 P.M. V V O O PRESENT: William S . Howell, Mayor-Commissioner T T Alan C . Jensen E E L . W. Minton, Jr. , Commissioners D D AND: R. C. Vogel , City Manager Oliver C. Ball, City Attorney M S Adelaide R. Tucker, City Clerk O E T C ABSENT: Robert B. Cook, Sr. I O Y James E. Mhoon, Commissioners NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Commissioner, Mr. Howell . The invocation was given by Commissioner Minton followed by the pledge to the flag. Approval of the minutes of May 9, 1977 Motion: The minutes of the Regular City Jensen x x Commission Meeting of May 9, 1977 , Minton x x be approved as submitted. Howell x * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors The chair recognized Mr. George Bull, 1800 Selva Marina Dr. , who stated he was representing Mrs. Ruth Henry, 315 11th St „ who desired to make an official complaint to the Commission concerning removal of a stop work order from a construction site on 329 11th St. , thus allowing the contractor to con- tinue work on a building. Mr. Bull stated, in his opinion, that the structure is a violation of the zoning code and is an architectural monstrosity. Mayor Howell stated this item would be brought up in item 6 - Report of Committees . Mayor Howell recognized Mr. Albert Waters, who stated he and a number of residents were upset over mini-warehouses and other business establishments encroaching on the residential_ area in Donner ' s Subdivision along Mayport Road. Mayor Howell explained that entire section was rezoned business in 1959, and should all the property owners in that particu- lar area sign a petition requesting that their property be re-zoned to Residential A, B, or C, the City Commission would certainly act on it. The Mayor also pointed out there was an open house at City Hall in April held by Mr. Joe Bell, Bell and Associates, to obtain input for the City' s Compre- hensive Plan, and that only 25 citizens attended. He stated Mr . Bell would again be here on the third Tuesday of July to discuss zoning and suggested the citizens appear at that time to evince their desires . The Mayor indicated that State statutes prohibit re-zoning property without the owners consent. PAGE TWO MINUTES V V MAY 23, 1977 Names of Commrs. MS YN Recognition of Visitors - continued The chair recognized Mrs . Katherine Davis who stated she was also there to discuss the 11th St. property. Mr. Wayne Benhart, 735 Plaza, was recognized by Mayor Howell . Mr. Benhart requested Commission approval to develop a park area for a C. B. Club, a non-profit orga- nization, in Section H, Lots 1, 2, 3 ,4, 5, and 6, which he owns . Mayor Howell suggested to Mr. Benhart that he con- fer with the City Attorney after the meeting, and that Mr. Ball would notify him the following day if his request satisfies zoning requirements . Report of the City Manager Mr. Vogel stated he had received a quotation from Marine Industrial Equipment Co. , in the amount of $1, 904. 65, for an auxiliary engine for the compactor on a garbage truck. He recommended the Commission approve purchase as the old unit is not repairable. Motion: Approve purchase of auxiliary engine Jensen x x for the compactor on a garbage truck Minton xi x in the amount of $1, 904. 65 from Marine Howell x Industrial Equipment. * * * * * * * * * * * * * * * * * * * * * * Mr. Vogel also stated underground electrical service in the Saltair Section 3 Subdivision will cost $150 per lot. Mayor Howell questioned Mr. Ball as to how this should be assessed. Mr. Ball stated the assessment should be call a tie-in fee and that the City work in concert with JEA. The Mayor suggested that the City Attorney draw up the necessary ordinance for presentation at the next meeting.; Motion: Instruct the City Attorney to prepare Jensen x x an Ordinance for underground electrical Minton x x assessment on lots in the Siltair Howell x Section 3 . * * * * * * * * * * * * * * * * * * * * * * * Mr . Vogel stated he had received a letter from Mr. Parks, City Engineer, concerning the chlorinator for the water plant and requested the latter to give an opinion on its replacement. Mr. Parks stated the present chlorinator was purchased around 1963 and has been troublesome since its installation. He recommended that the machine be re- placed with one manufactired by Wallace & Tiernan Company, who formerly furnished chlorinators for the City, thus the City would have the same machines in both water plants, along with interchangeable parts and better service. PAGE THREE MINUTES V V MAY 23 , 1977 Names of Commrs. MS YN Report of City Manager - continued Mayor Howell suggested the rules be waived and purchase be authorized on an emergency basis . Motion: The rules be waived and authorize the Jensen x x City Manager to purchase a Wallace & Minton x x Tiernan chlorinator for the water plant Howell x in the amount of $5, 400 from Acct. 1652 * * * * * * * * * * * * * * * * * * * * * * * Unfinished Business A. Recommendation of Planning Board - Selva Marina Units 19 and 11 Mayor. Howell called on Commissioner Jensen for a report on the Advisory Planning Board meeting on May 17, 1977 . Commissioner Jensen stated the Board had no reservations whatsoever for Units 10 and 11, with one exception: a strip on the West side of Seminole Rd. , North of 19th St. consisting of 3 or 4 lots which Mr. Bull proposes to use as a commercial strip, i .e . , convenience store, laundro- mat, and perhaps office space. He stated that the Board was concerned about the Commission ' s control of this commercial strip, even under PUD, and thus took no official action on approving or disapproving the propos- ed plan for commercial use. Mr. Bull indicated it was his understanding that Commissioner Jensen was basically correct, and then presented a corrected covenant and , restrictions on Units 10 and 11 . The revision concerned removal of trees. Due to failure of proper advertising, the Public Hearing will be held on June 13 , 1977 . Mr. Bull also stated he would like to petition for an assess- ment of $150 per lot for underground electrical service. Report of Committees- Commissioner Jensen Commissioner Jensen stated it was his understanding an inquiry was made to the Mayor about construction on 11th Street on property owned by Mr. Max Brantley, and previous- ly owned by Mrs . Newfang . Mr. Steckla had informed the Commission at the May 9th meeting that he had placed a stop work order on the property inasmuch as the construc- tion was not consonant with that authorized by the build- ing permit. Commissioner Jensen stated he had discussed the matter with the City Attorney and all interested parties, and that the stop work order was removed when Mr. Brantley was informed that he would be allowed to proceed with construction at his own risk and in accord with the permit that had been issued. The owners were also informed that the premises is zoned as a single family residence unless changed by the City. Mrs . Katherine Davis inquired if the building permit was applied for as PAGE FOUR V V MINUTES Names of MAY 23, 1977 Commrs . MS Y N Report of Committees - Commissioner Jensen - continued a storage space and the Mayor answered in the affirmative. Mrs. Davis asked Commissioner Jensen what further action would be taken by the City if two families would occupy the premises . Commissioner Jensen stated it was his impression that the individuals were all members of one family. A lengthy discussion ensued concerning objections to the construction by Mr. George Bull, Mr. George Bull, Jr. , Katherine Davis, and Mr. Howard O. Davis. Mr. Bull, Jr. inquired as to the procedure of filing the matter as a complaint to the Board of Adjustments . Mr. Vogel stat- ed he should be the official presenting the complaint and would do so at the Board of Adjustments meeting on May 24, 1977 at 7: 00 P.M. Mayor Howell reiterated that a letter was being prepared by the City Attorney to the owners pointing out very clearly the zoning of the premises in question. Action on Ordinances A. Ordinance 80-77-16 - Sewer Connection Charge - Third Reading - Public Hearing AN ORDINANCE, AMENDING, ADDING TO AND REPEALING PARTS THERETO OF CHAPTER 19, CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED "SEWERS AND SEWAGE DISPOSAL" ; ESTABLISH- ING RESIDENTIAL AND COMMERCIAL SEWER AND SEWER DISPOSAL CONNECTION CHARGES ; PROVIDING FOR THE INVESTMENT OF FUNDS; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and rea. on third and final reading by Mayor Howell . Said Ordina e was posted in line with charter requirements. Mayor Howell then declared the meeting in session for a public hearing. Mr. George Bull was recognized by the chair an. stated he had mailed a letter of objections to the Commission on May 19, 1977, for their perusal , and state. for the record that he strongly objects to the extra bur. -ns placed on developers . Mayor Howell stated that the City is working now within the confines of the 201 planning program to attempt to solve a problem under Federal Man- date, and that every City in the State of Florida is faced with considerable expense in the future in regards to managing sewer plant effluent. Mayor Howell further stated that it would take several millions of dollars to correct the situation. Mr. Bull questioned the possibil ' y of building his own sewer system and was advised that th= City would have no objections . After a lengthy discussiw on the needs and demands of developers, Mayor Howell declared the public hearing closed. The Mayor suggested the vote be delayed until after the Public Hearing on PAGE FIVE V V MINUTES Names of MAY 23, 1977 Commrs. MS Y N Ordinance 80-77-16 - continued Ordinance 80-77-17 as both ordinances are closely related. B. Ordinance 80-77-17 - Water Supply Charge - Public Hearing - Third Reading AN ORDINANCE, AMENDING CHAPTER 27, CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED "WATER SUPPLY" ; ESTABLISH- ING RESIDENTIAL AND COMMERCIAL WATER SUPPLY CHARGES ; PROVIDING FOR THE INVESTMENT OF FUNDS ; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Howell . Said Ordi- nance was posted in line with charter requirements. Mayor Howell then declared the meeting in session for a public hearing. Mr. Bull stated his letter of May 19th also applied to his objections of the water Ordinance, i.e. , that Section 1 of subject ordinance should contain the fixture units assigned by the existing City Plumbing Code, so that the charge per fixture unit cannot surreptitious) be changed by amending the plumbing code. As no one else spoke for or against, Mayor Howell declared the public hearing closed. Motion: Said Ordinance 80-77-16 be passed on Jensen / x x third and final reading. Minton x x * * * * * * * * * * * * * * * * * * * * * * * Howell x Motion: Said Ordinance 80-77-17 be passed on Jensen x x third and final reading. Minton x x * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Ordinance 55-77-15 - Trash and Rubbish AN ORDINANCE AMENDING "TRASH AND RUBBISH OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA" Said Ordinance was presented in full , in writing, and read by title only, on second reading by Mayor Howell . Motion: Said Ordinance be adopted on second Jensen x x reading, by title only. Minton x x Public Hearing to be held on June 13, 1977 Howell x * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V V MINUTES Names of MAY 23, 1977 Commrs . MS Y N 0 Action on Ordinances - continued D. Ordinance 95-77-16 - Animals and Fowl AN ORDINANCE AMENDING CHAPTER "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA Said Ordinance was presented in full, in writing, and read by title only, on second reading by Mayor Howell. Motion: Said Ordinance be adopted on second Jensen x x reading, by title only. Minton x x Howell x Public Hearing to be held on June 13 , 1977 * * * * * * * * * * * * * * * * * * * * * * Mr. Bull stated he had prepared copies of a substitute for the Animals and Fowl Ordinance and hoped the Commiss ' .n would consider it before the public hearing on June 13th. E. Ordinance No. 33-77-4 - Election Code AN ORDINANCE AMENDING ARTICLE IX OF THE ATLANTIC BEACH CITY CHARTER (CHAPTER 57-1126, LAWS OF FLORIDA) BEING LABELED "ELECTIONS ", PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read, by title only, on second reading by Mayor Howell. Motion: Said Ordinance be adopted on second Jensen a x x reading, by title only. Minton x x Public Hearing to be held on June 13, 1977 Howell x * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business Mayor Howell stated the City of Jacksonville is moving ahead on their 911 emergency dialing system, and inasmuch as a grant is now available to the State of Florida, the Mayor suggested that the City adopt a resolution to express the intent of the City to pursue the installation of the necessary equipment in cooperation with the City of Neptune Beach and the City of Jacksonville Beach to set up a 911 emergency dialing center that would handle all emergency calls for all the beaches area, subject to the necessary approval of the grant from the State of Florida . PAGE SEVEN V V MINUTES Names of MAY 23, 1977 Commrs . MS Y N Miscellaneous Business - continued Motion: By Resolution 77-6, the City of Atlantic Jensen x x Beach, subject to grant approval from Minton x x the State of Florida, proceed with their Howell x intent to install the 911 emergency dial- ing center. * * * * * * * * * * * * * * * * * * * * * * * Copy of Resolution #77-6 is attached hereto and made a part hereof. Mayor Howell stated he had received a letter from HUD regarding the grant for the construction of the sidewalks on Mayport Rd. from Atlantic Blvd. north to Church Rd. , and from Mayport Rd. , easterly to Seminole Rd. He opined that the City is about 99% assured of being awarded the grant. Mr. Vogel stated he had received a telephone call from Mr. Oscar Rawls, City Engineer for Jacksonville, who stated negotiations were being made with the contractor for the movement of sand on the beach and inquired if the City of Atlantic Beach was prepared to install the out- falls. Mr. Vogel recommended the Commission authorize Mr. Parks to alter the plans to extend the drainfield beyond the rocks . Commission agreed. There being no further business, Mayor Ho ell declared the meeting adjourned. / /A.4041.-AALAL .4 A (SEAL) ill°am S . Howell Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk RESOLUTION NO. 77-6 A RESOLUTION AUTHORIZING THE FILING OF AN LEAA GRANT APPLICATION FOR THE IM- PLEMENTATION OF A 911 EMERGENCY TELE- PHONE SYSTEM FOR THE BEACHES AREA. WHEREAS, the City Commission of the City of Atlantic Beach, after thorough consideration of the problems and available data, has hereby determined that the project described below is in the best interest of the general public: BEACHES 911 IMPLEMENTATION PROJECT; and - WHEREAS, under the terms of Public Law 90-351, the United States of America has authorized the Law Enforcement Assistance Administration, through the Florida Governor's Council on Criminal Justice, to make Federal Grants to assist local governments in the improvement of criminal justice; and WHEREAS, the Applicant, the City of Atlantic Beach, Florida, considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an application under said Act and to authorize other action in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF • ATLANTIC BEACH, FLORIDA, THIS TWENTY-THIRD DAY OF MAY, 1977, AS FOLLOWS: SECTION 1. That the project generally described above is in the best interests of the City of Atlantic_ Beach and the general public. SECTION 2. That Lt. John H. English, Jacksonville Beach Police Department, be hereby authorized to file on behalf of the Applicant an application in the form prescribed by the Florida Governor's Council on Criminal Justice in con- formity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. • SECTION 3. That if such grant be made, the City of Atlantic Beach shall provide or make necessary arrangements' to provide its share of such funds and/or in-kind contributions in addition to the grants as may be required by the Act • to defray the cost of the project generally described above. SECTION 4. That said Lt. John H. English, Jacksonville Beach Police Department, is hereby authorized to furnish such information and take such other action as may be necessary to enable the Applicant to qualify for said grant. SECTION 5. That the Official designated in the preceding paragraph is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the Florida Governor's Council on Criminal Justice such information, data, and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representative of the Applicant in connection with this application. • SECTION 6. That certified copies of this resolution shall be included as part of the application for said grant to be submitted to the Florida Governor's Council on Criminal Justice. SECTION 7. That if such grant be made, the Applicant or Official designated in paragraph 4 above shall maintain such records necessary and furnish such information, data and documents as required by the Florida Governor's Council on Criminal Justice to support the implementation of the project generally described above. SECTION 8. That the Mayor is authorized to sign on behalf of the City a letter to the State of Florida, Division of Communications, indicating the City's intent to implement the 911 Emergency Telephone System in the Beaches Area. SECTION 9. That this resolution shall take effect immediately upon its adoption. PASSED BY THE CITY COMMISSION ON May 23, 1977 • • ATTEST: • • (2det'a4 L€—J le 2. (SEAL) Adelaide R. Tucker, City Clerk May 24, 1977 I CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF RESOLUTION 77-6 PASSED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA ON MAY 23, 1977. G 2f'a-Lef Adelaide R. Tucker, City Clerk