05-09-83 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
May 9, 1983
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of April 25, 1983
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board
5. City Manager's Report
A. Item #1 - Award of Contract for Financial Advisory Services
B. Item #2 - Budget Report for the Second Quarter
Ending March 31, 1983
C. Item #3 - Appointment of Fire Chief
D. Item #4 - Award of Contract - Sludge Handling Facilities
E. Item #5 - Impact Fees for Sanitary Sewage System
6. New Business
7. Unfinished Business
A. Legal Opinion re Rezoning from CG to RG-3 - L. B. MacDonnell/
Cardinal Industries - Section H
8. Report of Committees
9. Action on Resolutions
10. Action on Ordinances
A. Ordinance No. 25-83-16 - An Ordinance Amending Ordinance No. 25-75-11,
The Same Being the Ordinance Pertaining to
Requirements for Compliance with the National
Flood Insurance Act of 1968 - Third and Final
Reading - Public Hearing
B. Ordinance No. 65-83-8 - An Ordinance Vacating that Portion of Carna-
tion Street Lying Between Levy Road and West
14th Street - Second Reading
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 MAY 9, 1983 AT 8:00 P.M. O O
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner T T
E E
William I. Gulliford, Jr.
John W. Morris, Jr. D D
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager O E
Alan C. Jensen, City Attorney T C
Adelaide R. Tucker, City Clerk I O Y
ABSENT: Robert B. Cook, Sr. , Out of Town NAME OF ONEN
COMMRS. NDSO
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 April 25, 1983
Gulliford x x
Motion: The minutes of the regular Commission meeting of April 25, Morris x x
1983 be approved as submitted. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Recognition of Visitors
Mayor Persons recognized Mr. Douglas Tappin, Scoutmaster of troup No. 37.
He introduced one of his scouts, John Tompkins, who thanked the city
Manager and Commission for furnishing them with a dump truck for their
civic project they did at the Atlantic Beach Elementary School. Mayor
Persons thanked the scouts for donating their time and effort to do a
project in Atlantic Beach.
Correspondence
Mayor Persons acknowledged receipt of a letter from Congressman Charles
Bennett that indicates there is a somewhat severe shortage of funds that
we had hoped to tap into for the Wonderwood Road bridge.
City Manager's Report
A. Item #1-Award of Contract for Financial Advisory Services
Mr. Moss reported that,at the instruction of the City Commission to
solicit bids for financial advisory services, specifications with the
required scope of services were prepared and mailed. The request was
also advertised on two occasions in the Florida Times-Union and in the
Financial News. Only one response was received that met the require-
ments set forth for the proposals, that being Robert Stubbs, Inc. , of
Jacksonville who submitted a bid of $15,500 for all work required in the
scope of services. Discussion followed on the estimated costs not in-
cluded in the fees.
Gulliford x x
Motion: Award the contract to Robert Stubbs, Inc. , of Jacksonville Morris x x
as the best bid received by the City. Van Ness x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '
PAGE TWO v V�
MINUTES Names of
MAY 9, 1983 Commrs . MS Y N
City Manager's Report - continued
Commissioner Gulliford, Chairman of the Sewer Committee, called for
a Sewer Committee meeting to be held on Wednesday, May 18, 1983 at
7:00 P.M. to discuss with Mr. Stubbs some of the options facing the
city now.
B. Item #2-Budget Report for the Second Quarter Ending March 31, 1982
The Commission acknowledged receipt of the budget report and a general
discussion was held with the City Manager on the report.
C. Item #3 - Appointment of Fire Chief
The City Manager reported that resumes and applications for the
position of Fire Chief had been reviewed, and expressed the opinion •
that the most qualified applicant was R. Wayne Royal. Chief Royal
is presently District Chief, Fire Rescue,with the City of Jackson-
ville, and has twenty-two years experience in the department. The
City Manager requested approval of R. Wayne Royal as Fire Chief for
the City of Atlantic Beach as required by Ordinance #57-83-9. The
City Manager introduced Mr. Royal, who was in the audience, to respond
to any questions. None were asked. Commissioner Gulliford asked the
City Manager how many applications were received and Mr. Moss said
approximately sixteen.
Motion: Approve the City Manager's appointment of R. Wayne Royal Van Ness x
as Fire Chief for the City of Atlantic Beach as required Gulliford
by Ordinance No. 57-83-9.
Discussion was held before the vote. Mayor Persons commented that
on several occasions he had met with Mr. Moss and urged him to consider
someone that he thought was the favorite. Mr. Moss kept assuring him
that he had some 'applications with excellent qualifications. The
Mayor added that after reading Mr. Royal's resume, he also agreed
the qualifications are outstanding, and he congratulated Mr. Moss
on his choice. Commissioner Gulliford stated that he had spent an
hour with the Chief recently, and expressed the opinion that Mr.
Moss had made a very wise decision, and he looks forward to having
the Chief a part of the community, and the head of a very important
department.
Gulliford x x
The vote was taken and the notion carried unanimously. Morris x
The Mayor welcomed Chief Royal aboard. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :: Persons x
D. Item #4 - Award of Contract - Sludge Handling Facilities
Mr. Moss reported that this is the first stage for the Wastewater
Treatment System Improvements Plan which is scheduled to go from
now to mid 1985. Specifications were prepared by Robert Bates &
Associates, Inc. The bid opening was held on May 3, 1983 at 2:00 p.m.
Bid tabulation is attached hereto and made a part hereof. The low
bid was submitted by G. R. Hill & Co. in the amount of $136,313.
PAGE THREE V V
MINUTES Names of
MAY 9, 1983 Commrs. M S Y N
w 1
City Manager's Report - continued - item #D
The Engineering firm recommended acceptance of the low bid, and the
City Manager concurred with that recommendation. Mr. Moss stated he
would be using the Capital Improvements reserve in the sewer fund
to fund the contract. The only requirement as to time is that the
improvements be in place within sixty days.
Motion: Award the contract for sludge handling facilities to the Gulliford x x
low bidder, G. R. Hill & Company in the amount of $136,312 Morris x
Van Ness x x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Item #5 - Impact Fees for Sanitary Sewage System
At the request of the Sewer Plant Committee, Mr. Robert Bates of
Robert Bates & Associates, Inc. prepared a report recommending
certain charges and giving the city a certain engineering basis for
impact fees. Commissioner Gulliford requested that the report also
be furnished to the other members of the Sewer Plant Committee so
that it can be discussed at their next meeting.
Unfinished Business
A. Legal Opinion re Rezoning from CG to RG-3 - L.B. MacDonnell/
Cardinal Industries - Section H
The City Attorney's legal opinion on the application of Cardinal
Industries for rezoning was that the City Commission, in order to
more fully comply with the Ordinance, should ignore their vote of
April 25, 1983, and schedule a Public Hearing on the request, and
give due notice of that before any action taken is final. Commissioner
Morris asked for a legal opinion of the 4/5 vote requirement to over-
ride the Advisory Planning Board's recommendation. The City Attorney
stated that after a review of the Charter and Ordinance, it was his
opinion that a simple majority vote will prevail on the passage of
any Ordinance. He suggested to the Commission that they study those
sections of the Ordinance pertaining to requests made by individual
property owners and clarify what the legislative intent was when
the Ordinance was passed. A debate followed on the issue. The sug-
gestion was made to discuss the Ordinance at a Committee of the Whole
meeting and make some clearly defined definitions to bring back to
the Commission for action as an amendment to the Ordinance.
Motion: Reconsider both requests for rezoning that came before Gulliford x x
the Commission at the meeting of April 25, 1983 and folloxi Morris X
the procedures set forth, and that due and proper notice Van Ness x x
be given of a Public Hearing on both to be held at the Persons x
next meeting.
The motion carried with three ayes and one nay. Commissiorer
Morris voted no.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FOUR V V
MINUTES Names of
MAY 9, 1983 Commrs. M S Y N
Unfinished Business - continued
A Committee of the Whole meeting was scheduled for Wednesday, May 18,
1983 at 7:00 p.m. to discuss the procedures for rezoning as prescrib-
ed by Chapter 3 of the Land Development Code, and any other business
which may come before the City Commission at that time. The Sewer
Committee meeting, originally scheduled for that night, was post-
poned until a later date, possibly after the next Commission meeting.
Mayor Persons recognized Mr. Louis MacDonell, who, along with Cardinal
Industries, was requesting that the zoning classification for their
land be changed from CG to RG3. Mr. MacDonell asked that it be notec ,
for the record, that multi-family use was permitted in 1971 when they
bought the land by permissive use under the zoning which then existec .
He quoted the old Zoning Code under Section 28-16,a-1, page 218. 1,
Atlantic Beach City Code. Mr. MacDonell also read a copy of a letter
from R. C. Vogel, City Manager, dated July 6, 1973. The copy is attacl--
ed hereto and made a part hereof. Mr. John Piombo, Jr. presented to
the Commission a preliminary site plan for their study. He stated
that he never would have bought the property and paid taxes on it
for twelve or thirteen years if he couldn't develop it as planned.
The Mayor thanked them for their comments.
Action on Ordinances
A. Ordinance No. 25-83-16
AN ORDINANCE AMENDING ORDINANCE NO. 25-75-11, THE SAME BEING THE
ORDINANCE PERTAINING TO REQUIREMENTS FOR COMPLIANCE WITH THE NATIONAL
FLOOD INSURANCE ACT OF 1968
Said Ordinance was presented by Commissioner Gulliford, in full, in
writing, and read on third and final reading. Said Ordinance was
posted in line with charter requirements. After the reading, the
Mayor declared the meeting open for a Public Hearing. As no one
spoke for or against, the Mayor declared the Public Hearing closed.
Gulliford x x
Motion: Said Ordinance No. 25-83-16 be passed on third and final Morris x x
final reading as written. Van Ness x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Ordinance No. 65-83-8
AN ORDINANCE VACATING THAT PORTION OF CARNATION STREET LYING BETWEEN
LEVY ROAD AND WEST 14th Street
Mayor Persons stated there had been some correspondence regarding the
amount to be filled in, in section 2, as to the dollar amount that
would be paid by the abutting property owners, if the street is,in
fact, closed. Discussion was held with Mr. Rogers.
Gulliford x x
Motion: Insert the amount of $100.00 in Section 2, line 7, plus Morris X
any documented fees and costs that the City has incurred. Van Ness x
The motion carried with three ayes and one nay.
Persons x x
PAGE FIVE V V
MINUTES Names of
MAY 9, 1983 Commrs. MS Y N
Action on Ordinances - continued - No. 65-83-8
Said Ordinance was presented by Mayor Persons, in full, in writing,
and read on second reading, by title only.
Gulliford x x
Motion: Said Ordinance No. 65-83-8 be passed on second reading, Morris X
by title only, as amended. Van Ness x x
Persons x
The motion carried with three ayes and one nay. Commissioner
Morris voted no. The Mayor set the Public Hearing for May 23, 198:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Ordinance No. 80-83-23
AN ORDINANCE REGULATING THE CITY OF ATLANTIC BEACH WASTEWATER SYSTEM
Said Ordinance was presented by Mayor Persons, in full, in writing,
and read on first reading, by title only.
Gulliford x x
Motion: Said Ordinance No. 80-83-23 be passed on first reading, Morris x
by title only. Van Ness x x
Persons
The motion carried unanimously.
x
Further discussion on the Ordinance will be held at the Committee of
the Whole meeting on May 18, 1983.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
Commissioner Gulliford announced that at the next meeting he was
going to suggest that the city strike three Ordinances in their
entirety, one on parking, one on littering, and the other one is
one way on Beach. Avenue. The reason being is that they are not
effective and the beach is in a deplorable condition. A lengthy
discussion followed on the best solution to enforce the laws. Mayor
Persons suggested an undercover police officer in shorts be put on
the beach and ride a bicycle. As tickets were written the news would
be out that Atlantic Beach was getting tough on litter. Commissioner
Morris suggested the Mayor appoint a Beach Comiittee to work with
the Chief and come up with some recommendations and solutions.
Mayor Persons appointed Commissioners Gulliford, Van Ness, Morris,
himself and the Chief to serve on the Committee. Commissioner
Gulliford will Chair the Committee. They will meet at 7:00 p.m. bef_ote
the regular Commission meeting of May 23, 1983.
Mayor Persons regretfully read a letter of resignation from Alan C.
Jensen, City Attorney, effective as of June 30, 1983. Mr. Jensen.
is moving to Indiana. Mayor Persons instructed the City Manager to
call for applications for the position of City Attorney. He appointed
Commissioners Cook, Van Ness, himself, and Mr. Jensen to serve on
the committee. The deadline for applications was set for May 26,1983.
Mayor Persons will Chair the Committee.
PAGE SIX V V
MINUTES Names of
MAY 9, 1983 Commrs. M S Y N
Miscellaneous Business - continued
Mr. Moss stated that the Pension Board requirements are that two
City Commissioners serve on the board and at present the Board only
has one. He asked the Mayor to appoint one Commissioner to serve.
Mayor Persons appointed Commissioner Morris to serve on the Pension
Board.
There being no further business to come before the Commission, the
motion was made by Commissioner Gulliford to adjourn, seconded by
Commissioner Van Ness, and carried unanimously.
Mayor Persons declared the meeting adjourned at 9:45 p.m.
(SEAL) Robert B. Persons, Jr.
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk
WILLIAM S. HOWELL g f ATLANTIC BEACH
P. O. DRAWER 25 R. C. JOGEL
W. P000
Mayor{anieluaner
City Manager
pF Co , ATLANTIC REACH, FLORIDA 32233 OLIVER C. BAIL
City Attorney
(904) 249-2303
L W.MINTON,JR. MRS. JUNE KNIGHT
CaR nt luioner
City Clerk
DOUGLAS W.SPEED MRS. EMMA M.STEPHENS
COM etiteiiner City Treorurer-ComptroIter
ROSERT R.ROSBOROL/GH II CARL STUCKI
CoolmluionarJ u l y 6 , 197 3 Chief of Police
and Fire Department
RICHARD HILLIARD
Director of Public Works
Mr . Louis B . MacDonell
3441 Victoria Road
Jacksonville , Florida
Subject : Blocks 44 , 45 , 46 , 47 , 60 , 61 , 62 , and 63
Section H , Atlantic Beach , Florida
Dear Mr . MacDonell :
All of the subject property is zoned Business "B"
with the exceptions of Blocks 44 and 45 , which are zoned
Business "A" , enclosed is a reprint from the Code of the
City of Atlantic Beach which details permissive uses in
the various zones .
Water is available from an eight inch water line
on the East boundary of the property , a gravity sewer
extension is feasable from the existing sewer line at
W. 8th Street .
As to the history of the zoning and proposed use of
the above property, I am enclosing a copy of the ordinance
passed in 1971 , also a copy of the proposed plot plan,
as provided in Section 3 of the same . The City Commission
in 1972 passed a Planned Unit Development Ordinance (copy
enclosed) that is designed to promote and encourage planning
of land use , this is a permissive ordinance and takes
precedent over all zoning within the City . Since passage
of the P . U.D . ordinance the City Commission has encouraged
the use of the Planned Unit Development rather than a zoning
change .
Yours very truly ,
AE)(7. ‘r/;-r/52
R. C . Vogel
City Manager
RCV/chh
J •
I
v{
,
F 'SOLVTICN NO: ^i-L -
WI II:REAS, that certain street now known as West Plaza, in the City of
Atlantic Beach, Florida, has never been developed, the land cleared,
nor utilities of any type or kind installed in or upon said undeveloped
street, and the edition of said street being that of undeveloped
land, and
WHEREAS, the members of the City Commission of the City of Atlantic
Beach, Florida feel it is in the best interest of the citizens of
the City of Atlantic Beach, Florida, to abandon that certain street
now known as West Plaza, and
ha- a r• , the said street is a fifty (50') foot right-of-way now known
and shown on the official City of Atlantic Beath map as West Plaza;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CCI.MISSICN OF THE CITY
CF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
1. That the City of Atlantic Dealt, Florida, Abandon all that part
of West Plaza commencing at Mayport Road in a t,lesterly direction
for a distance of approximately 674.2 feet to the FAsterly right-
of-way of Orchid Street, Atlantic Beach, Florida.
2. That the abandonment of this undeveloped street known as West
Plaza is subject to substantial oonstruction on bordering lands,
the development and construction of which will commence within
a period of wee ( months from the passing of this Resolution.
4.411- ( , 4.'1
3. That upon abandonment of the undeveloped street known as West
Plaza, the City of Atlantic Beach will quit-claim forever all
right, title, interest, claim and demand in respect of said
undeveloped street, and will not be held liable in any way
whatsoever in respect of any interest, lien, equity or claim
either in law or equity, in respect of said undeveloped street
now known as "West Plaza".
PASSED BY TIE CITY CC MissICN CN /' y_r- W_
Attest: 1
Wre S. C =age, City Clerk.
l
ALAN C. JENSEN
ATTORNEY AT LAW
337 A EAST BAY STREET
JACKSONVILLE,FLORIDA 32202
.
TELEPHONE 904-354-1340
May 9 , 1983
Mayor Robert Persons
City Commission of Atlantic Beach
Atlantic Beach , Florida
RE: City Attorney
Dear Commissioners:
I hereby submit my resignation from the position of City At-
torney for the City of Atlantic Beach , Florida, effective as of June
30 , 1983 .
I would suggest that you move quickly to appoint a new City
Attorney because of pending litigation and other matters necessary for
the new City Attorney to assume. I will continue to work with this
commission and with the new appointee during the transition period to
make it as smooth as possible.
I have thoroughly enjoyed my time as City Attorney and my re-
lationship with the City of Atlantic Beach. I wish the City continued
success.
Very ruly yours ,
Alan C. Je ��
ACJ/sm
•
Certifieda true .nr like,t copy of all bids
BID TABULATION received: __.. .
Ga y A. A• •ms , P. FLA. REG. ENGR.
CITY OF ATLANTIC BEACH, FLORIDAN0. 23858
ENGINEERS PROJECT NO: 8306-2 SEWERAGE IMPROVEMENTS PROGRAM PR PAR a
SID DATE: May 3, 1983 PART 1 Robert Bates &A$$OClates,InC,
SLUDGE HANDLING FACILITIES CONSULT/NG ENGINEERS
IM
TE: 2:00 P.M. ✓ACKSONVILLE,FLOP/DA
SHEET NO. 1 Of_a_
r
BRIEF G. R. HILL & CO. Water Processing Able Products Co Ortega Industrial
/TEM Company Contractors
DESCRIPTION 'acksonville , Fla Jacksonville, Fla Jacksonville ,Fla J. ksonvi1le_FlR
I . TOTAL BASE BID - SLUDGE
HANDLING FACILITIES SL36,313_OQ 1143 : is S144-700 00 ' ' 2.9..L.0.9.--
,
ADDENDUM ACKNOWLEDGED Y_$ Y — Yes Yes ,
Fidelity &
BID BOND AMOUNT/COMPANY 5%/Transamerica _—
5%/Deposit Co.Md. 5%/Aetna 5%/Amer. Ins. Co.
i
r . . 1
ri*r i', -
ABULATIQH Certified a ' true nd, or ect copy of all bids
BID T received:
Gary A. A ms , P.E':, FLA. REG. ENGR.
CITY OF ATLANTIC BEACH, FLORIDA NO. 23858:
ENGINEERS PROJECT NT 8306-2 SEWERAGE IMPROVEMENTS PROGRAM PREPARE BY ,
BID DATE: May 3, 1983 PART 1 Robert Bates aAssociate:onc.
CONSULT/NG ENGINEERS
TIME: 2:00 P.M. SLUDGE HANDLING FACILITIES JACKSONV/L LE,FLORIDA
SHEET NO. SOF.
First Southland 'GRC Contracting Byer Industries ,
BRIEF J.W. Meadors
ITEM & Company Const. Corp. Inc. Inc.
DESCRIPTION Jacksonville,Fla Gainesville, Fla Jacksonville,Fla Jacksonville, FTa
I . TOTAL BASE BID - SLUDGE _
HANDLING FACILITIES $148,977. 00 $150,962.00 $158,913.00 i $163,800.00
ADDENDUM ACKNOWLEDGED Yes No
Yag
BID BOND AMOUNT/COMPANY
o .��. o Fidelity .& 5%/Safeco S%/Hanover Ins.
•
r — a ,