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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.