01-24-83 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
January 24, 1983
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of January 10, 1983
2. Recognition of Visitors
3. Correspondence
A. From Fleet Reserve Association
B. From JEA re Underground Distribution System
4. Advisory Planning Board
5. City Manager's Report
A. Item #1 - Audit for Fiscal Year Ending September 30, 1982
B. Item #2 - Budget Report for Period October - December 1982
C. Item #3 - Codes Enforcement Board
D. Item #4 - Proposed Agreement with England & Thims, Consulting
Engineers - Seminole Road Sidewalk Construction
E. Item #5 - Special Assessment Project - Section H
(West of Mayport Road)
F. Item #6 - Verbal Report of Public Works Building Project,
and Beach Avenue Resurfacing
6. New Business
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
10. Action on Ordinances
A. Ordinance No. 10-82-14 - Amending Ordinances Nos. 90-82-73 and
10-80-13, Known as the Alcoholic Beverage
Ordinances - Third and Final Reading -
Public Hearing Continued.
B. Ordinance No. 10-83-15 - Amending Chapter 3 of the Code of Ordinances
by Amending Section 3-1 Thereof, Concerning
the Hours of Sales of Alcoholic Beverages -
Second Reading
C. Ordinance No. 90-83-77 - An Ordinance Zoning Property Owned by W. A.
Bull to "PUD" District as Defined Under the
Land Development Code - Second Reading
D. Ordinance No. 57-83-9 - Creating the Fire Department and the Position
of Fire Chief (To Be Presented by the City
Attorney)
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON JANUARY 24, 1983 at 8:00 PM V V
O O
'RESENT: Robert B. Persons, Jr. , Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
Catherine G. Van Ness, Comissioners
AND: A. William Moss, City Manager M S
O E
Alan C. Jensen, City Attorney T C
Adelaide R. Tucker, City Clerk I O Y
NAME OF O N E N
COMMRS. N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of January 10, 1983
The minutes of January 10, 1983 were approved as corrected.
Motion: The minutes of the regular Commission meeting of January 10, Cook x x
1983 be approved as corrected. The motion carried Gulliford x
unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Correspondence
City Manager Moss stated that a letter had been received from the Fleet
Reserve Association advising that they are going to have a convention at
the Sea Turtle Inn in August. They asked the City to purchase an ad in
their Convention bulletin that will contain a welcome message from the
Mayor. Mayor Persons said he thought it was a good idea as the Fleet
Reserve brings in about 600 people to Atlantic Beach which would be
considerable revenue to the City and a way of saying "thank you" to the
Reserve. Cook x
Gulliford x x
Motion: The City of Atlantic Beach take a full page ad for $125 Morris x x
in the Fleet Reserve Association convention bulletin. Van Ness x
The motion carried unanimously. Persons x
City Manager Moss stated that the City Commission had asked the City
Manager to direct a letter to the Jacksonville Electric Authority regard-
ing the need for improvement to the electrical distribution system
throughout the Beach for an underground system, and said the JEA had
responded to that letter, and discussion followed. No further action was
taken at this time.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Advisory Planning Board
Commissioner Morris announced that the meeting of the Advisory Planning
oard would be held January 25, 1983 at 7:00 PM and the public was
_ordially invited.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s: *
PAGE TWO V V
MINUTES Names of
JANUARY 24, l c Aommr s. M S Y N
City Manager's Report
A. Item #1-Audit for Fiscal Year Ending September 30, 1982
The City Manager provided a cover letter from Price Waterhouse which
indicates that the City has a "clean audit.' He stated their repre-
sentatives will be present at the next meeting on February 14, 1983
to present to the City Commission the findings of their audit along
with a management letter which will suggest to the City certain changes
that may be recommended to approve the efficiency of the operation.
B. Item #2 - Budget Report for Period October-December, 1982
Receipt of the budget report was acknowledged and the report was
placed on file.
C. Item #3 - Codes Enforcement Board
In compliance with Ordinance No. 95-81-22 that was passed on 2/9/81,
the City Commission determined that the City Attorney would represent
the Codes Enforcement Board and that the City Manager would represent
the City. It was requested that names of individuals who wish to
serve on the Board be submitted to the City Manager before the meeting
of February 14, 1983.
D. Item #4-Proposed Agreement with England & Thims, Consulting Engineers
Seminole Road Sidewalk Construction
The City Manager reported that $22,000 was approved in this year's
Capital Improvement Budget for construction of a sidewalk along Semincle
Road from Plaza to Atlantic Blvd. He pointed out a problem with a
drainage ditch near the police station east of Russell Park and
stated that a sidewalk cannot be built, or a bridge, over same without
a substantial investment. Mr. Moss suggested that it would be more
appropriate at this point to correct the drainage problem than to
build a pedestrian bridge over it, and also suggested that the side-
walk be built to that point and deal with the drainage ditch in another
year. The City Manager then asked for authorization to execute the
agreement with England & Thims for engineering services associated
with the project in the amount of $1,950.00. Discussion followed
on the necessity of using an engineer to build sidewalks. Commissioner
Morris made the following motion:
Cook x x
Motion: Authorize the City Manager to execute an agreement with Gulliford x
England & Thims in the amount of $1,950.00 for engineering Morris x x
services. Van Ness x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Item #5-Special Assessment Project-Section H(West of Mayport Road)
A general discussion was held on a special assessment project up for
consideration in Sec. H(west of Mayport Road) that would provide a
water distribution system, sanitary sewer collection system, and street
and storm drainage system for approximately 719 lots. Two theories were
presented - wait until all property owners have built and improve or
improve the property first - both have risks. No action was taken.
PAGE THREE V V
MINUTES Names of
JANUARY 24,1983 Commrs. M S Y N
-
City Manager's Report (continued)
F. Item #6 - Verbal Report of Public Works Building Project, and
Beach Avenue Resurfacing
The City Manager reported that there is to be one single building
which will be 71 ft. x 123 ft. The office area will be within the
single building which will be two-story office and storage area.
The building will have 9,320 sq.ft. and will have an additional 1,400
ft. of office space because of the two-story construction. The
building will be of metal of a tan color and we believe it will be
attractive to the area. Mr. Moss said he had met with all of the
engineers and believes the project is integrated where it is coming
together very well. Quite a bit of lighting requirements have been
eliminated through the use of skylights. Heating requirements of the
office area have been reduced substantially. Bid documents have been
prepared for fuel pumps and specifications are being prepared for
site plans and building itself, and should be at bid about February
1, 1983, and submitted to the Commission about the end of February.
Mr. Moss advised that access drives between Beach Blvd. and Ocean
Blvd. will also be paved. The engineers assisted him in choosing the
access areas that are most traveled.
New Business
The City Manager reported that he has talked with Blue Cross/Blue
Shield representatives and several other companies on health insurance
coverage, and will be back at a later date with recommendations.
Commissioner Gulliford stated that he is working on an alternative
solution concerning hospitalization and will report later. A general
discussion followed concerning insurance deductibles.
Report of Committees
Commissioner Morris reported that a Committee meeting was held on
Ordinance 10-82-14 following the last Commission meeting on January
10, 1983 to define the meaning of the word "restaurant" as it has
to do with the proposed Ordinance. He presented the committee's
recommendations to read as follows: "An enterprise involved solely
in the preparation, and serving, and consumption of food within the
physical confines of that establishment".
Action on Resolutions
Commissioner Gulliford presented and read in full a proposed Resolution
opposing the reopening of Seminole Road.
PAGE FOUR V V
MINUTES Names of
JANUARY 24, 1983 Commrs. MS Y N
Action on Resolutions - continued
Motion: Proposed Resolution opposing the opening of Seminole Cook x
Road be adopted. Van Ness x
Discussion was held before the vote on what the City can do to help
traffic in our City regarding Mayport Road. It was brought out that
even if Seminole Road is opened, the problem will not be solved as
far as the traffic problems our city will be facing.
The vote was taken and the motion carried unanimously. A copy of Cook x
Resolution 83-1 is attached hereto and made a part hereof. Copies Gulliford x
of the Resolution will be sent to the City of Jacksonville, the State Morris x
of Florida, Federal, and Naval authorities.
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Action on Ordinances
Ordinance 10-82-14
AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH BY AMENDING SECTION 3-6(c) THEREOF,
CONCERNING EXCEPTIONS TO THE DISTANCE LIMITATIONS, AND PROVIDING
AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Persons in full, in writing, anc
read on third and final reading. Mayor Persons announced this was •
a continuation of the Public Hearing held on January 10, 1983. He
then reopened the floor for a Public Hearing and asked for comments
from the floor.
Greg Whaley, 266 Magnolia Street, spoke in favor of being able to
serve wine.
Ray Hulse, 829 First Street South, Jacksonville Beach stated that he
is a patron and customer of Mr. Whaley's coffee house and is in
favor of being able to serve wine in the establishment.
Curtis Bryant, 515 Seventh St. ,Neptune Beach; Leon Beasley, Ritespot
restaurant, and Jackie Whaley,266 Magnolia, all spoke in favor of the
Ordinance. Mr. Beasley stated the records now show that 71% of people
over 16 like beer with seafood.
Willie Arnett was in favor of the Ordinance and asked if he could sel:
beer to go at his service station.
During discussion, the Commission approved the Committee's recommendation
of the definition of the word "restaurant". Commissioner Gulliford
suggested the deletion of the words "and consumption, line 4", and
"and consumed", line 6. The Commission agreed to delete those words.
PAGE FIVE V V
MINUTES Names of
JANUARY 24, 1983 Commrs. MS Y N
Action onOrdinances - continued
_-- Cook x
Motion: Pass the Ordinance on third and final reading as amended. Gulliford x x
The motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Van Ness x x
Ordinance 10-83-15 Persons x
AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH BY AMENDING SECTION 3-1 THEREOF,
CONCERNING THE HOURS OF SALES OF ALCOHOLIC BEVERAGES, AND
PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Persons in full, in writing,
and read on second reading, by title only.
Cook x
Motion: Ordinance No. 10-83-15 be passed on second reading, by title Gulliford x
only. Morris x x
The motion carried unanimously.Public Hearing was set for 2/14/83. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ordinance No.90-83-77 Persons x x
AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED, OWNED BY W. A.BULL,
TO "PUD" DISTRICT AS DEFINED UNDER THE LAND DEVELOPMENT CODE, AND
PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Persons in full, in writing,
and read on second reading, by title only.
Motion: Ordinance No.90-83-77 be passed on second reading, by Cook x x
title only. Gulliford x x
The motion carried unanimously. Morris x
The Public Hearing was set for February 14, 1983. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Ordinance No. 57-83-9
ORDINANCE NO. 57-83-9 - AN ORDINANCE AMENDING ARTICLE 5 OF THE
ATLANTIC BEACH CITY CHARTER ENTITLED "DEPARTMENT OF PUBLIC SAFETY"
AND PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Persons in full, in writing,
and read on first reading, by title only.
Motion: Ordinance No. 57-83-9 be passed on first reading, by Cook x x
title only. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Miscellaneous Business
The City Manager stated that he was in receipt of a memorandum from
Larry Stokely, Community Development Administrator, outlining Housing
Rehabilitation case #81-15, the last house to go to bid, and it will
exceed the self-imposed limit of $15,000 per house. Mr. Stokely re-
quested authorization of the Commission to exceed $15,000. Mr. Moss
recommended a $20,000 limit to Mr. Stokely for that purpose. Discussion
followed.
PAGE SIX V V
MINUTES Names of
JANUARY 24, 1983 Commrs. M S Y N
Miscellaneous Business - continued
Cook x
Motion: Approve a $20,000 limit to Larry Stokely, Community Gulliford x x
Development Administrator for Housing Rehabilitation Morris x
Case #81-15. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Commissioner Morris gave a report on the Northeast Florida League of
Cities meeting which he attended on January 20, 1983 and represented the
City of Atlantic Beach. The meeting was held in St. Augustine. SeverEl
issues were discussed, and Mr. Claude Mullins was elected to serve as
Counsel at no charge. The next meeting will be on March 17th, the
third Thursday in March, and Orange Park will host.
Cook x
Commissioner Van Ness moved to adjourn. The motion was seconded by Gulliford x x
Commissioner Gulliford and carried unanimously. Morris x
Van Ness x x
* * * * * * * * * * * * * * * * * x * * * * * * * * * * * Persons x
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 9:49 P.M.
(SEAL)
',.bert I. Persons, Jr.
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk
RESOLUTION 83-1
A RESOLUTION OPPOSING THE REOPENING OF SEMINOLE ROAD
WHEREAS, The Commission of the City of Atlantic Beach recognizes
that a serious problem exists, and will get worse with respect to traffic
flow to and from the Mayport Naval Station; and
WHEREAS, past City Commissions of Atlantic Beach have alerted those
effected parties about this problem as early as 1960; and
WHEREAS, no long term solution has been actively pursued by those
parties who propose and fund such projects, only short term suggestions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO1MISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA that this Commission is opposed to the opening
of Seminole Road since it represents a hardship and hazard to its citizens,
particularly those living on or adjacent to the said road.
BE IT FURTHER RESOLVED, that the Commission encourages immediate
attention to the suggested project known as the westerly extension of
Wonderwood Road including a new bridge across the intracoastal waterway
which appears to be the best alternative, and hopes the Federal, State,
and Consolidated City of Jacksonville governments and departments will
pursue this, or any other viable long term solution with the utmost haste.
* * * * * * * * * * * *
Passed by the City Commission January 24, 1983.
ATTEST:
s
Adelaide R. Tucker
City Clerk, CMC
CERTIFICATION
I certify this to be a true and
correct copy of the record in
my office.
WITNESSETH my hand and official
seal of the City of Atlantic Beach
Florida, this the 25th day of
January 1983
aU1 �. ,r Q-(_,City Clerk
ORDINANCE NO. 10-82-14
AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE
OF ORDINANCES OF THE CITY OF ATLANTIC BEACH
BY AMENDING SECTION 3-6(c) THEREOF, CONCERNING
EXCEPTIONS TO THE DISTANCE LIMITATIONS , AND
PROVIDING AN EFFECTIVE DATE
WHEREAS , the City of Atlantic Beach did adopt Ordinance
No. 90-82-73 on August 9, 1982 , concerning exceptions to the
distance limitations contained in Chapter 3 of the Code of
Ordinances, and
WHEREAS , the City desires to further define and distinguish
the situations existing and that may exist in the future with
regard to said exceptions , now therefore
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Section 1. That Section 3-6(c) be amended to read as follows :
"(c) The foregoing provisions of this section shall not
apply to any restaurant (restaurant defined for purpose
of this section as being an enterprise involved solely
in the preparation, and serving of food within the physical
confines of that establishment) which derives not less than
50% of gross income from the sale of food prepared, and
served on the premises , provided that such a restaurant
with a beverage license permitting consumption on premises
of alcoholic beverages including liquor ( "hard liquor" ) shall
have a seating capacity of not less than one hundred and
fifty ( 150) seats and overall floor area of not less than
three thousand ( 3 , 000) square feet ; nor shall the foregoing
provisions of this Section apply to grocery stores or drug
stores licensed to sell alcoholic beverages for off-premises
consumption only. "
Section 2 . This Ordinance shall become effective immediately
upon it passage.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading December 13 , 1982 .
Passed by the City Commission on Second Reading December 27 , 1982 .
Passed by the City Commission on Third and Final Reading January 24 , 1983.
ATTEST: �/ ,1
,7
J.L-cam
(SEAL) Adelaide R. Tucker
City Clerk , CMC