03-28-83 v • AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
March 28, 1983
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of March 14, 1983
2. Recognition of Visitors
3. Correspondence
A. To JEA re Installation of Street Lights - 725 West Plaza and the
Intersection of East Coast Drive and Seminole Road
B. From Chief Carl Stucki re Noise Nuisance at Breakaway Lounge
C. From Larry Stokely re Resignation of Employment as City's
Community Development Administrator
D. From Donna Ross Real Estate re Request for City Water Hookup by
Mr. L. Peter Johnson to Property Located Corner 17th Street and
Beach Avenue
4. Advisory Planning Board - Meeting of March 22, 1983
A. Proposed Amendment to the Planned Unit Development - Fairway Villas
B. Request by Mike Ash for "Use by Exception" to Construct
Mini-Warehouses
5. City Manager's Report
A. Item #1 - ISO Rating
B. Item #2 - Request by Mr. John Leslie of Leslie Motors, Inc. , to
Use Public Right-of-Way for Automotive Business
C. Item #3 - Authorization to Execute Written Authorization to
Robert Bates & Associates, Consulting Engineers, to
Proceed with Engineering Services Related to the
Wastewater Treatment System Improvements Program
D. Item #4 - Re-Award of Contract - Beach Avenue Resurfacing
E. Item #5 - Introduction of Finance Director
6. New Business
• 7. Unfinished Business
8. Report of Committees
A. Report of Sewer Plant Committee - Meeting of March 23, 1983
9. Action on Resolutions
A. Resolution 83-3 - Designating Those Officials Who May Sign on
Behalf of the City
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AGENDA - March 28, 1983
10. Action on Ordinances
A. Ordinance No. 90-83-78 - Amending Ordinance No. 90-82-74, the Same
Being the Land Development Code, by Amend-
ing the Official Zoning Map to Rezone Land
Described as Donners Replat - Block 23,
Lots 2 & 3, From Residential General-Multiple
Family to Commercial Limited - Third and
Final Reading - Public Hearing
B. Ordinance No. 90-83-79 - An Ordinance Amending Ordinance No. 90-83-77
The Same Being an Ordinance Zoning Property
Herein Described Owned by W. A. Bull, to
"PUD" District as Defined Under the Land
Development Code.
C. Ordinance No. 80-83-23 - An Ordinance Regulating the City of Atlantic
Beach Wastewater System
11. Miscellaneous Business
12. ADJOURN
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V
COMMISSION HELD AT THE CITY HALL ON MARCH 28, 1983 AT 8:00 P.M. 0 0
T T
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner E E
Robert B. Cook, Sr. D D
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners
M S
AND: A. William Moss, City Manager 0 E
Alan C. Jensen, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
ABSENT: Catherine G. Van Ness, Commissioner, Out of Town COMMRS. N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Morris, was followed by the pledge to the flag.
Approval of the Minutes of March 14, 1983
Motion: The minutes of the regular Commission meeting of March 14,1983 Cook x x
be approved as submitted. Gulliford x x
The motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Recognition of Visitors
Mayor Persons welcomed Jacksonville City Councilman Forrest Boone and
Henry Mock, Traffic Engineer for the City of Jacksonville. Mr. Boone
reported on the Wonderwood Road project stating that the Metropolitan
Planning Organization had added the proposed bridge at the intercoastal
waterway to their agenda and inserted the proposal into their traffic
planning study for Arlington and the Beaches. For the record, he present-
ed his letter from the Metropolitan Planning Organization to Mayor Persons.
Mr. Boone expressed the opinion that Seminole Road would not be opened
and held a brief discussion on the possibility of turn signal lanes at
Royal Palms Drive and Atlantic Blvd. that Mrs. Ruth Gregg, 905 Sailfish
Drive stated we desperately need. Mr. Mock advised the Commission that
Mr. Walter Skinner, District Engineer for the State of Florida had related
to them that possibly funds would be made available very shortly to pur-
chase the right-of-way for the interchange at Atlantic Blvd. and Mayport
Road. Mr. Boone expressed the opinion that they would be actually under
contract within 22 years, He also offered consultant services of traffic
engineering to the city for both Mayport Road's problems and Atlantic
Blvd. at the location of the new shopping center. Mayor Persons thanked
Messrs. Boone and Mock for coming and expressed the Commission's appre-
ciation for their support.
A large group of citizens from the Selva Marina Subdivision were recogni-
zed by Mayor Persons. Cynthia Davison, 1912 Hickory Lane complained that
she was living in a "swamp" area that also inhabited an alligator. Other
citizens attending the meeting were: Lance H. Davison, 1912 Hickory Lane,
Debbie Tafflin, 1871 Selva Marina Drive, Dr. Marc Tafflin, 1871 Selva
Marina Drive, and Glenn Johnson, 367 19th St. A lengthy discussion follow-
ed in which it was pointed out that the citizens felt the city should
V V
PAGE TWO Names of
MINUTES Commr s. MS Y N
MARCH 28, 1983
Recognition of Visitors - continued
either maintain the roads and islands and correct the drainage problens
or give that area a tax relief. Mrs. Davison stated that the group
would probably be willing to have extra taxes levied on their proper-
ties to get the problems straightened out as they did not want it in
the hands of Mr. Bull - they wanted it in the hands of the City. The
Commission emphasized the fact that the streets are owned by Mr. Bull
and the Commission has no control over the maintenance of the streets
the islands or the drainage problems. Mr. Peter Johnson, 1549 Beach
Avenue, a representative of several developers, agreed that the group
from that area of Selva Marina had problems, but stated on the plus
side that Selva Marina is one of the most beautiful areas in the City,
and it would be ruined if the City came in with wide streets, curbs ,
and gutters. He suggested the group set up an association as other
developments had done. The City Attorney stated that he could not
give legal advice to the group as he represented the City. He comment-
ed that he felt their recourse would be with Mr. Bull, and added that
he thought there was a maintenance contract between Mr. Bull and B.B.
McCormick to maintain those roads that may still be in effect, and
could be a means by which the group could get enforcement. Commissioner
Morris then made the following motion:
Cook x
Motion:Move for the Mayor to appoint a Committee to help the Gulliford x x
citizens seek relief and also give them advice. Morris x x
The motion carried unanimously. The Mayor appointed Commissioner Persons x
Gulliford to serve as Chairman and all other Commissioners volun-
teered to serve on the Committee. The Mayor set the meeting as a
Committee of the Whole to meet with the group on Monday, April 4,
1983 at 7:00 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: *
Correspondence
Mr. Moss listed the correspondence as :A. To JEA re installation of
street lights - 725 West Plaza and the intersection of East Coast
Drive and Seminole Road. This was mentioned at the last Commission
meeting; B. From Chief Carl Stucki re noise nuisance at Breakaway
Lounge - he has assured the Chief that the problem will not occur aga=n;
C. From Larry Stokely re resignation of employment as City's Community
Development Administrator- he has taken a position as Production
Manager for Container Corporation. He will be missed by all.
D. From Donna Ross Real Estate re Request for City Water Hookup by
Mr. L. Peter Johnson to property located corner 17th St. and Beach.
The City Manager recommended approval.
Motion:Approve hookup for water services requested by i-Ir. L. Peter Cook x
Johnson to property located at the corner of 17th Street Gulliford x x
and Beach Avenue provided that all costs be borne by the Morris x x
owner of the property, Mr. Johnson, with no reimbursement Persons x
expected.
The motion carried unanimously.
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PAGE THREE V V
MINUTES Names of
MARCH 28, 1983 Commrs. MS Y N
Advisory Planning Board - Meeting of March 22, 1983
Mr. Moss advised that a draft of the minutes of the meeting of March
22, 1983 had been provided for the Commission to help them in their
decisions.
A. Proposed Amendment to the Planned Unit Development-Fairway Villas
Mayor Persons stated that this was the proposed amendment to Fairway
Villas where they wanted to change the road layouts and setbacks and
the Commission ruled that Fairway Villas would have to go through the
full procedure. The Mayor said that he was present when they came
before the Advisory Planning Board and were told that if they would
take one of the lots, at their option, and dedicate it to be adjoined
with some other green areas to work as a playground,that the Board
would approve the PUD and recommend approval to the Commission. Fair-
Way Villas agreed to do this. The Mayor suggested that Agenda item •
10-B be moved up for action by the Commission.
ORDINANCE NO.90-83-79 AN ORDINANCE AMENDING ORDINANCE NO.90-83-77
THE SAME BEING AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED
BY W. A. BULL, TO "PUD" DISTRICT AS DEFINED UNDER THE LAND DEVELOP-
MENT CODE.
paid Ordinance was presented by Mayor Persons, in full, in writing,
and read by title only, on first reading.
Cook x
Motion: Said Ordinance No. 90-83-79 be passed on first reading. Gulliford x x
The motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Mayor Persons announced that a request had been made to read the
Ordinance on second reading. Commission agreed.
ORDINANCE NO. 90-83-79 AN ORDINANCE AMENDING ORDINANCE NO.90-83-77
THE SAME BEING AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED
BY W. A. BULL, TO "PUD" DISTRICT AS DEFINED UNDER THE LAND DEVELOP-
MENT CODE.
Said Ordinance was presented by Mayor Persons, in full, in writing,
and read by title only, on second reading.
Cook x
Motion: Said Ordinance No. 90-83-79 be passed on second reading. Gulliford x x
The motion carried unanimously. The Mayor set the Public Norris x x
Persons x
hearing for April 11, 1983.
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B. Request by Mike Ash for "Use By Exception" to Construct Mini-Warehouses
'he Mayor advised that Mr. Ash was requesting permission to construct
..iini-warehouses adjacent to his mini-warehouses located on Atlantic
Blvd. Mr. Ash went before the Advisory Planning Board and had amended
his proposed design to provide for the necessary setbacks and request-
ed green areas. Mayor Persons said that the Advisory Planning Board
discussed whether or not he was estopped by previous development from
PACE FOUR V V
MINUTES Names of
MARCH 28, 1983 Commrs. M S Y N
=ay-- , -
Advisory Planning Board - continued- Mike Ash
construction of mini-warehouses, and understanding regarding that. Th:
Board reached a decision that it was not estopped-this is a different
piece of property and the old agreements had nothing to do with this
piece of property. The Mayor stated that the Advisory Planning Board
approved unanimously the proposed "Use by Exception" and recommended
the Commission also approve Mr. Ash's request.
Cook x
Motion:Grant the "Use by Exception" request by Mike Ash to Gulliford x
construct mini-warehouses on Atlantic Blvd.
During discussion before the vote, Commissioner Cook asked if this
construction would be in the way for the right-of-way for the clover-
leaf proposed for Atlantic Blvd. The Mayor answered that we would not
know until' they do the design work, but that it could be. Mr. Ash
stated that he clearly understands that he is taking a risk. Cook x x
The question was called and the motion carried unanimously. Gulliford x x
Morris x
* ;e * * * * * * * * * * * * * * * * * * .. * * * * * * * * * * * Persons x
City Manager's Report
A. Item #1 - ISO Rating
Mr. Moss reported on a letter given to the Commission from the Insur-
ance Services Office concerning the ISO rating. Mr. Moss presented a
brief background saying that in the latter part of 1980, the Insuranc:
Services Office performed a survey of the City of Atlantic Beach to
determine the appropriate fire classification for the community. The
results of the survey were a downgrade from class 6 to class 8. The
City appealed at that time and there was a re-inspection with a
determination that there would be a downgrade from class 6 to class 7
Class 7, however, was not implemented and the City was given the
opportunity to present a program of four improvements in order to
hopefully allow the city to gain enough credits to regain the class 6
rating. In September, 1981, a plan was presented to ISO that the staf
felt would allow us to obtain enough credits and they allowed us a
year to implement the program. We have had an inspection this year,
and have been advised that a class 6 is now the appropriate rating
for the city. The next ISO's scheduled survey is not for 15 years
unless we invite them back to go for a class 5.
B. Item #2 - Request by Mr. John Leslie of Leslie Motors, Inc. to
Use Public Right-of-Wav for Automotive Business
Mr. Moss advised that in December of 1982 he reminded Mr. Leslie that
he was using public right-of-way for his private business and asked
that he cease using the right-of-way, and on February 23, 1983 Mr.
Moss again asked Mr. Leslie to cease using the right-of-way. He
stated that Mr. Leslie is asking to appeal the City Manager's decisio
by requesting that he be permitted to continue using 13th St. for
his business. Discussion followed regarding the unimproved street
PAGE FIVE V V
MINUTES Names of
MARCH 28, 1983 Commrs. M S Y N
City Manager's Report - continued - John Leslie
and whether or not it would establish a bad precedence. The suggestior
was made that Mr. Leslie enter into a contract with the city that he
continue to use 13th street on a fee basis. Commissioner Morris
moved for the following:
Motion: Table the matter for further discussion at a later date. Morris x
The motion died for lack of a second.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Cook x x
Motion: Instruct the City Manager to sit down with Mr. Leslie to Gulliford x x
negotiate a fair and equitable lease. Morris X
The motion carried with three ayes and one nay. Commissioner Morris
Persons x
voted no.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Item #3- Authorization to Execute Written Authorization to Robert
Bates & Associates, Consulting Engineers, to Proceed with Engineer-
ing Services Related to the Wastewater Treatment System Improve-
ments Program
Mayor Persons asked Commissioner Gulliford to present his report
of the Sewer Plant Committee meeting of March 23, 1983 (Agenda Item 8.)
Commissioner Gulliford expressed his appreciation to Mr. Bates for
attending the committee meeting to discuss the agreement and project
with the committee and there were a number of questions and answers
relative to both the fee and the project. Also, he reported that Mr.
Moss had a financial advisor who lives in Atlantic Beach attend the
meeting and was kind enough to chat about funding the project. The
decision was made to recommend to the Commission that the city go to
bid for a financial consultant. Mr. Moss will draft the scope of
services from financial consultants to assist the city in funding the
project. A general discussion was held on the various methods of
payments including rates and percentages and lump sum payments.
Cook x x
Motion: Enter into the agreement with Robert Bates & Associates Gulliford x x
on the lump sum basis in the amount of $131,300. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons
Item #4 - Re-Award of Contract - Beach Avenue Resurfacing
Mr. Moss reported that on February 14, 1983, the City awarded the
contract to resurface Beach Avenue to Vallencourt Paving Company.
The company, at that time, had been in business for approximately fou-
years and posted appropriate bid bonds and the contract was awarded
to them as the low bidder. After they had furnished to the city a
contract bond guaranteeing that they would resurface the street and
pay all their labor and materials, the city did execute the agree-
ment. Mr. Moss added that he had been advised that due to certain
business difficulties, Vallencourt Paving Co. has been forced to
close their paving plant. He offered two viable options to the Com-
mission - one is to pursue the completion through the bonding company
that guaranteed that Vallencourt would perform the work - this would
take several months and may require some legal expenses.
PAGE SIX V V
MINUTES Names of
MARCH 28, 1983 Commrs. M S Y N
City Manager's Report - continued - item #4
Second option was to award the contract to the second low bidder,
which had a bid higher by $676. Mr. Moss said that the project engineers,
England & Thims, Inc. and the City Manager recommended that the seconc
option be used and release Vallencourt Paving Company from the contract.
The second low bidder was WNJ Paving Division, Inc. , in the amount of
$42, 775.
Motion: Approve the City Manager's recommendations:
1) That Vallencourt Paving Company, Inc. , be released
from any obligations under the contract dated February Cook x x
18, 1983. Gulliford x
Morris x x
. 2) That the contract for the Beach Avenue resurfacing be Persons x
awarded to WNJ Paving Division, Inc. , in the amount
of $42,775.
The motion carried unanimously.
* * * * * * * * * * ;r * * * * * * * * * * * * * * * * * * *
E. Item #5 - Introduction of Finance Director
fr. Moss announced that he has hired Mr. Harry E. Royal as Finance
Director for the City of Atlantic Beach. Mr. Royal is a 35-year old
resident of Jacksonville Beach.
Report of Committees - See City Manager's Report - Item #3
Action on Resolutions
A. Resolution 83-3-Designating those officials who may sign on behalf
of the City.
Mayor Persons presented and read in full proposed Resolution 83-3,
a Resolution designating certain persons to sign on behalf of the Cit'.
Cook x x
Motion: Passage of said Resolution. Copy of Resolution 83-3 is Gulliford x
attached hereto and made a part hereof. Morris x x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Action on Ordinances
A. Ordinance No. 90-83-78 AN ORDINANCE AMENDING ORDINANCE NO. 90-82-
74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING THE
OFFICIAL ZONING MAP TO REZONE LAND DESCRIBED AS DONNERS REPLAT-
BLOCK 23, LOTS 2 & 3, FROM RESIDENTIAL GENERAL-MULTIPLE FAMILY
TO COMLMERCIAL LIMITED - THIRD AND FINAL READING -PUBLIC HEARING
;aid Ordinance was presented by Mayor Persons, in full, in writing,
and read on third and final reading. Said Ordinance was posted in
line with Charter requirements. Mayor Persons then opened the floor
for a Public Hearing. Mrs. Ruth Gregg, 905 Sailfish Drive and Mrs.
Della Koenig, 780 Redfin Drive opposed the passage of the Ordinance.
As no one else spoke for or against , the Mayor declared the Public
PAGE SEVEN V V
MINUTES Names of
MARCH 28, 198: Commrs. M S Y N
V I V
Action on Ordinances - continued
Hearing closed.
Motion:Said Ordinance No. 90-83-78 be adopted on third and final Cook x x
reading. Gulliford x x
Morris x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * k * * * * * * * * * * * * * * * * * *
B. Ordinance No. 90-83-79 - See Advisory Planning Board - A.
C. Ordinance No. 80-83-23 - An Ordinance Regulating the City of
Atlantic Beach Wastewater System
Cook x x
Motion: Table consideration on Ordinance No. 80-83-23 until the Gulliford x x
next meeting. Morris x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
The City Attorney advised that the city had prevailed on the trial of
Fred Lewis vs the City of Atlantic Beach.
Commissioner Gulliford moved to adjourn. The motion was seconded by
Commissioner Morris and carried unanimously.
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 9:40 p.m.
Rober B. Persons, Jr.
Mayor-Commissioner
ATTEST:
adALL
Adelaide R. Tucker
City Clerk
, , X
RESOLUTION NO. 83-3
WHEREAS, from time to time uncertain it becomes necessary for certain
signatures to be rendered on various and sundry checks, drafts, notices,
acceptances, bills of exchange, orders, etc. , for the payment and withdrawal
of monies, credits, items and property on behalf of the City of Atlantic
Beach, and
WHEREAS, due to vacations, illnesses, and other matters, those indivi-
duals authorized to sign on behalf of the City of Atlantic Beach may be
unable to do so for one of the above or other reasons, and
WHEREAS, it is proper and appropriate to have other selected officials
and/or officers of the City to sign in lieu of the Finance Director,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, THAT:
Section 1. The Finance Director, or in the absence of said Finance
Director, the City Clerk, or in the absence of said City Clerk, the City Manager,
signing with only one signature required, be and they are hereby authorized to
sign any and all checks, drafts, notes, acceptances, bills of exchange, orders
or other instruments for the payment and withdrawal of any and all monies,
credits, items and property at any time held by the Banks and Federal Savings and
Loan Associations, for accounts of the City of Atlantic Beach, and
BE IT FURTHER RESOLVED THAT:
Section 2. All the foregoing authorities shall be and continue in full
force and effect until revoked or modified by written notice actually received
by said Banks and Savings and Loan Associations, setting forth a resolution to
that effect stated to have been adopted by the City Commission of the City of
Atlantic Beach, Florida.
Section 3. The following persons, whose genuine signatures appear below,
are authorized signers for the said City in the capacity set opposite their res-
pective signatures, to-wit:
Harry E. Royal, Finance Director
Adelaide R. Tucker, City Clerk (W2:,
A. William Moss, City Manager - 17
rJ-o
Section 4. Any and all resolutions in conflict herewith are hereby res-
cinded.
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Passed by the City Commission March 28, 1983
ATTEST:
(SEAL) Adelaide R. Tucker, City Clerk