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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 • • Page 2 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 • • • 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission March 28, 1983 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk