09-13-76 v CITY OF ATLANTIC BEACH, FLORIDA
AGENDA
September 13 , 1976
Call to Order
Invocation and Pledge to Flag
1. Approval of the minutes of August 23 , 1976
2. Recognition of Visitors
3. Correspondence p
4. Report of City Manager (�4-C/ l uiO,
5. Unfinished Business of Preceding Meeting
A. District Engineer; U. S. Army Corps of Engineers
B. Construction Cost Estimates Saltair Subdivision Section 3;
Mr. Walter J. Parks , Jr.
C. Chatman Construction Company; Storm Drainage Disposal Facilities
6. Report of Committees - None
7. Action on Resolutions - None
8. Action on Ordinances
A. Ordinance #20-76-31 - Budget - Second Reading
B. Ordinance #81P76-15 - Water Billing Cycle - Third and Final
Reading; Public Hearing
9. Miscellaneous Business
A. John Leslie - Used Car Lot and Sales Office -. West side of
Mayport Road Road Adjacent to Sawyer Gas Company
10. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD AT THE CITY HALL ON SEPTEMBER 13,
1976 AT 8:00 P.M.
PRESENT: William S. Howell , Mayor-Commissioner
Alan C. Jensen
James E. Mhoon
L. W. Minton, Jr., Commissioners
AND: R. C. Vogel , City Manager
Oliver C. Ball , City Attorney
Adelaide R. Tucker, City Clerk
ABSENT: Robert B. Cook, Sr. , Commissioner
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.
The minutes of the meeting of August 23, 1976, were approved as
written upon a motion by Commissioner Mhoon, seconded by Commissioner
Jensen and carried.
Recognition of Visitors
Mayor Howell recognized visitors and called for any business from the floor
not on the agenda. Mrs. William Koenig, 780 Redfin Drive, referred to
an article in the newspaper concerning a traffic light at the inter-
section of Mayport and Plaza Roads. The newspaper referred to a permit
that had been issued in 1967 addressed to Murray Bennett, former City
Manager. Said permit and letter were filed away and the Commission
was not informed at the time. The Mayor explained that the installation
and operation of traffic control signals on a State Highway is a State
or County function, and stated that the Commission take action within
its power to bring the need of this light to the proper authorities'
attention. Commissioner Mhoon suggested that he and Commissioner Minton
serve as a committee to insure that this is accomplished. The Commission
agreed with this suggestion.
Mr. Floyd Yeager, 1663 Sea Oats Drive, offered to the City Commission
Ordinances No. 76-806 and No. 76-807 from the City of Jacksonville for
their review and possible action to express the City' s favor or disfavor
with these ordinances. A number of citizens were present and expressed
displeasure concerning the proposed hi-rise construction in North
Atlantic Beach. The Mayor stated that he did not feel the City should
take an official position to either oppose or favor any ordinance that was
under consideration by the City of J:ncksonville or any other City.
Commissioner Jensen stated he had received several calls on this matter
and had discussed the subject with the City Attorney and Mr. Vogel , but
he did not feel the other Commissioners had received enough information
at this time or had received enough input from the public to formulate
and opinion. He requested that it be put on the agenda again for the
MINUTES
SEPTEMBER 13, 1976
PAGE TWO
next meeting on September 27, 1976. Commissioner Jensen also stated
he was in favor of the City of Atlantic Beach going on record and
officially letting the zoning board and the City Council of Jacksonville
know what services are or are not available to North Atlantic Beach,
and if justified by public input, to represent the City' s feelings to
the zoning board and the City Council of Jacksonville. The Commission
agreed to take it up at the next meeting.
Mr. Murray, American Legion Post No. 316, requested permission to sell
alcoholic beverages at 1127 Atlantic Boulevard. The Mayor informed him
this was up to the Alcoholic Beverage Commission and not the City of
Atlantic Beach Commission to grant this permission.
The City Attorney presented a draft of a proposed Ordinance for Selva
Marina Unit 9. Mayor Howell called for a waiver of the rules on first
reading because it was not an agenda item. The Ordinance was presented
in full , in writing and read by title only on first reading by Mayor
Howell . Motion was made by Commissioner Mhoon, and seconded by Commissioner
Minton that the rules be waived and Ordinance No. 90-76-66 be passed on
first reading by title.only. The motion carried unanimously. It was
pointed out by the Mayor that 30 days must elapse from first reading to
enactment of a zoning ordinance. The Mayor then called for the second
aeading on September 27, 1976 and a public hearing on October 25, 1976.
The Mayor recognized Mrs. Dorothy Kerber who stated that City property
had been barricaded with concrete blocks across the street from her
property at 365 First Street. The owner of the property at 368 First
Street had been notified by the City Manager in writing on June 28, 1976,
to remove the concrete blocks but to date there had been no response.
The Mayor pointed out that there were a number of areas in the City where
obstructions exist on City property, and as long as it has not caused a
hardship for anyone, the City has made no attempt to correct the matter,
except that in cases where a complaint is made, it is the City's res-
ponsibility to take action. It was moved by Commissioner Mhoon,
seconded by Commissioner Minton that the City Manager be instruct^d to
inform the owner by letter to remove the concrete blocks within seven
days or the City will remove them. The motion carried unanimously.
The Mayor called for any other business not on the agenda. Mrs. Norma
Bowen reported there were three broken water meters with broken or
missing covers on Atlantic Blvd. that created a hazard. The Mayor
informed her they would be fixed by the next day.
Report of City Manager
The City Manager's report was presented together with a resume from Mr.
Parks concerning the symposium in Atlanta on the Federal Public Works
Program. The City Manager' s report and resume are attached hereto and
made a part hereof.
MINUTES
SEPTE4BER 13, 1976
PAGE THREE
A. _Cemetery Planned Unit Development
In the minutes of August 9, 1976, a Public Hearing for Planned Unit
Development was scheduled on September 13, 1976, for a proposed cemetery
on Levy Road West of Main Street covering approximately 46 acres of land.
The Mayor recognized Mr. George Pharr. Mr. Pharr gave a brief presentation
of the proposed cemetery with drawings and sketches, and pointed out this
type of facility was needed in the beaches area. He reminded the Commission
that a cemetery did not require the usual City services. Mr. Pharr also
stated that the Planning Board had met on August 5, 1976, and that it
recommended to the Commission that the property be zoned P.U.D. to permit
the cemetery. He stated that there is a lengthy Florida Statute that
covers the operation and regulation of cemeteries and, before a permit is
issued by the State, exacting tests must be completed. The Mayor declared
the floor open for a public hearing and asked if anyone wished to speak
for or against the approval of the Planned Unit Development for a proposed
cemetery. There were approximately nine property owners in the vicinity
of the proposed cemetery that spoke with disfavor for various personal
reasons. It was also pointed out by Mrs. Roundtree, Daughter of Mr. Lowe,
former owner of the property, that aone acre plot exists as a cemetery.
Mr. Pharr assured the Commission that this acre would not be desecrated.
There being no furtherdiscussion for or against said proposal , Mayor
Howell declared the Public Hearing closed. Commissioner Jensen asked
Mr. Pharr if the State had approved the site as being suitable relative
to the underground water table and Mr. Pharr replied tests had been made
but they had not been advised of the results. Commissioner Jensen then
stated that it would be in order to defer action until results are in and
the site approved by the State. Commissioner Jensen moved, seconded
by Commissioner Mhoon, that the consideration be passed until the next
regular meeting on September 27, 1976. Motion was carried unanimously.
Unfinished Business of Precedi ngMeeti nq
A. District Engineer; U. S. Army Corps of Engineers.
The City Manager reported a request was made by the Corps of Engineers
for a waiver of any noise pollution ordinance to allow motor driven
pumps to operate on the beach in connection with the erosion project.
After discussion, Commissioner Mhoon moved, seconded by Commissioner
Minton and carried, that the City Manager write a letter giving permission
for the operation with caution as to maintenance of muffler equipment.
B. Construction Cost Estimates Saltair Subdivision Section 3;
Mr. Walter J. Parks, Jr.
Mr. Parks presented plans and construction costs estimates for the
installation of utilities, drainage and paving for Saltair, Section 3.
The average estimated construction costs would be $2,839.00 per lot.
There was much discussion concerning financial considerations that have to
be determined as well as the impact on the property owners. The subject
of possible Federal assistance for this project was discussed and Mayor
Howell suggested no action be taken until application is made under the
Public Works Program.
SEPTEMBER 13, 1976
PAGE FOUR
C. Charon Construction Company;_ Storm Drainage Disposal_ Faci_Iities
Mayor Howell stated he had received a letter from Chapman Construction
Company stating the firm is willing to postpone construction until the
beach erosion work approaches the three street ends, that is, providing
Chapman Construction Company is awarded the contract. The Commission
decided to take no action and carry over the subject until the next
regular meeting on September 27, 1976.
Action on Ordinances
A. Ordinance #20-76-31 - Budget - Second Reading
Said Ordinance was presented in full , in writing and ready by title only
on second reading by Mayor Howell . Upon a motion by Commissioner Mhoon,
seconded by Commissioner Jensen, said Ordinance was passed on second
reading - title only. Mayor Howell called for the Committee as a whole
to attend a special meeting on the budget on September 20, 1976 at
7:00 P.M.
B. Ordinance #8-76-I5 - Water Bi I I i ng Cyc_ l e - Third and Fl nal_Readi nq
Public Hearing
Ordinance No. 80-76-15 amending and repealing parts thereto of Chapter
27, Code of the City of Atlantic Beach, Florida, entitled Water Supply,
and Being an Ordinance fixing and establishing rates and charges 's;overning
the sale and distribution of water by the City of Atlantic Beach.
Regulating the service rendered cutomers thereof, was presented in full ,
in writing and read on third and final reading by Mayor Howell . Said
ordinance was posted in line with charter requirements. Mayor Howell then
declared the meeting in session for a public hearing. After a short
discussion on the billing cycling, Mayor Howell declared the public hearing
closed. Commissioner Mhoon moved for passage of Ordinance No. 8G-76-15,
seconded by Commissioner Minton. Vote was unanimous for passage of Ordinance
No. 80-76-15.
Miscellaneous Business
A. John Leslie - Psed Car Lot and Sales Office - West of Mayport_Road
Adjacent to Sawyer Gas Company
Mr. John Leslie requested permission to construct a Used Car Lot on
the West side of Mayport Road with a small building on the south side.
He also requested permission to-use 18' of the 50' easement on the
south end on 14th Street for an access entrance. The City Manager
inforried him to make arrangements with the State Road Department to cut
the curb. Commissioner Mhoon motioned, seconded by Commissioner Minton to
approve t'-e request for a used car lot on Mayport Road. Vote was carried
unanimously.
MINUTES
SEPTEMBER 13, 1976
PAGE FIVE
B. Commissioner Mhoon informed the Commission he had received a letter
from one of the citizens requesting more sidewalks. The City Manager
stated if the City is given any of the Public Works money, part of the
money will be allotted for sidewalks.
There being no further business, Mayor Howell declared that the meeting
be adjourned.
William . owell , Mayor
(SEAL)
ATTEST:
ah-Pa:44i)f
Adelaide R. Tucker
City Clerk
WILLIAM S. HOWELL CITY OF ATLANTIC BEACH R. C. VOGEL
Mayor-Commissioner
City Manager
P. O. DRAWER 25
JAMES E. MHOON ATLANTIC BEACH, FLORIDA 32233
OLIVER C. BALL
Commissioner
(904) 249-2303 City Attorney
ALAN C. JENSEN MRS. ADELAIDE TUCKER
Commissioner September 10, 1976 Acting City Clerk
L.W.MINTON,JR. MRS. EMMA M.STEPHENS
Commissioner City Treasurer-Comptroller
ROBERT B.COOK,SR. CARL STUCKI
Commissioner Chief of Police
and Fire Department
CITY MANAGER'S REPORT
RICHARD HILLIARD
Director of Public Works
Enclosed herewith is a copy of the 1976-1977 Budget with a
bottom-line summary sheet. I believe that this method of trans-
mittal is more efficient than making copies of the City Manager' s
worksheets as we have done in the past, and, with the copying
technique that we now have, changes can be easily accomplished.
******
A brief report on the progress of Donner Park: We are being
delayed in installing the fence and electrical work due to the
fact that the manufacturer of the concrete prefabricated
restrooms and concession stands has experienced trouble with
the supply of cement, etc. , and I feel that the installation of
the above mentioned facilities would possibly hamper the moving
in and the installation of the prefabricated building . We have
been promised delivery of the building during the week of
September 20.
******
We have received a proposal from Kellum, Patterson & Bell, plan-
ning consultants, for planning services to be provided in the
coming year. Copies of the proposal and a description of the
firm are enclosed.
The proposal was developed through an evaluation of our planning
activities conducted by Mr. Joe Bell of Kellum, Patterson & Bell .
Many of you may remember Mr. Bell as the project coordinator
for our program most of last year while he was an Associate in
the firm of Milo Smith & Associates. Mr. Bell has reviewed our
work to determine where areas of additional study are needed to
bring the plan into compliance with requirements of the local
Government Comprehensive Planning Act (LGCPA) and to increase
the overall effectiveness of our planning activities.
The work outlined by Kellum, Patterson & Bell would accomplish
three purposes:
-2-
1 . It would revise and supplement our plan as needed to
permit compliance with the LGCPA.Guidelines that are
still being developed by the State will be discussed
with us, and changes will be incorporated into the
plan as appropriate.
2 . The firm will work with us toward getting both the
Land Use Plan and the zoning ordinance into a condi-
tion that will make the plan suitable for adoption and
the ordinance effective for implementation. The new
legal status of the Land Use Plan under the LGCPA makes
it extremely important that the adopted plan and the
zoning ordinance bear a clear relationship to each other.
3 . The firm will also provide grant application services
to the City this year. This will be needed since the
grant application writer we have used in the past is no
longer available. Applications to be prepared could
include the Community Development Block Grant pre-
application and formal application, and the application
for a grant under the new public works employment 'act.
These and other possible applications will be developed
at the City ' s discretion.
Total estimated cost for the proposed services is $12 ,000.
******
Enclosed is a resume of symposium attended by Mr. Parks on
September 2, 1976 .
Respectfully submitted,
R. C . Vogel
City Manager
RCV: jh
RESUME OF SYMPOSIUM IN ATLANTA ON 9/2/76 SPONSORED BY NATIONAL
LEAGUE OF CITIES ON PROPOSED FEDERAL PUBLIC WORKS PROGRAM
1) No money is available at the present time and will not be
until Senate acts upon bills previously passed by the House.
The chances are that after the Senate acts, the differences between
the House actions and the Senate actions will have to be
resolved by Committee . The program is presently divided into
three parts with $700,000,000 in the last part ostensively for
EPA programs. However, the House only passed a bill for
$200,000,000 in this area.
2) Do not submit any applications until the Senate and the
House bills have been resolved by Committee, funds have been
authorized and are available. At that time, applications must
be submitted through the state coordinator in each state. The
state coordinator has no authority for approval or disapproval,
but will merely coordinate and aid in the preparation of applica-
tions. It will be on the part of wisdom to prepare applications
and have them ready for submittal immediately upon the availability
of funds. Application forms are not presently available but are
to be made available shortly by the National League of Cities
with instruction booklets. Two application forms and instruction
booklets at $5.00 per copy have been ordered sent to the Mayor
at P . 0. Box 25 .
3) Applicati( ns must reflect ample evidence of planning, and
must bear the approval and/or endorsement of the state planning
agency. Applications must also reflect that there have been
ample public hearings and input from the community to be
affected by the project. It is also essential that there be
evidence that environmental considerations have been included.
In other words, beware of the Audubon Society. Applications
for projects reflecting a preponderance of labor in the total
cost will be weighed more heavily when being considered for
approval than those in which the cost of labor is a minor part
of the total cost. The projects must be of a public works
nature which will benefit the community, and projects which will
have secondary benefits to private business (such as projects
which will develop industrial areas to be publicly owned but
leasedto business) will be looked upon with disfavor.