03-22-82 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
March 22, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of March 8, 1982
2. Recognition of Visitors
3. Correspondence
A. From Beaches Area Chamber of Commerce re Beach Festival Parade
B. From Department of Environmental Regulation re EPA Funding of
the Construction Grants Program
4. Advisory Planning Board
5. City Manager's Report
A. Item #1 - Proposed Agreement for Engineering Services with Robert Bates
& Associates - Preparation of Sewer Rate Study
B. Item #2 - Authorization to Make Emergency Purchase of Lift Station Pumps
C. Item #3 - Authorization to Repair and Improve Back-Stop -
Little League Park
D. Budget Report for Period Ending February28 1982
E. Acceptance of Easement for George Stree - CDBG Construction Project
6. New Business
7. Unfinished Business
A. Amendment to PUD at 193 Beach Avenue - Margaret & Edward Then - Public Hearing
B. Appointment of Search Committee for New City Clerk
8. Report of Committees
9. Action on Resolutions
10. Action on Ordinances
A. Ordinance No. 55-82-19 - An Ordinance Declaring Weeds to be a Nuisance
and Establishing the Procedures to Abate - Third and Final Reading -
Public Hearing
B. Ordinance No. 55-82-20 - An Ordinance Amending Chapter 13 of the City
Code of the City of Atlantic Beach, to Prohibit Certain Acts,
Occurrences and Conditions Which Constitute a Nuisance - Third and
Final Reading - Public Hearing
C. Ordinance No. 75-82-3 - An Ordinance Regulating Vehicles Stopping,
Standing and Parking - Third and Final Reading - Public Hearing
D. Ordinance No. 80-82-21 - An Ordinance Amending Ordinance No. 80-81-19
to be known as the "Water Conservation Ordinance" - Second Reading
E. Ordinance No. 95-82-25 - An Ordinance Prohibiting the Use of Surfboards
in the Surf Adjacent to the Beach Unless Such Surfboard is Fastened to
a Tether - Second Reading.
F. Ordinance No. 55-82-21 - An Ordinance Prohibiting Litter
11. Miscellaneous Business
12. ADJOURN
r -
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON MARCH 22, 1982 AT 8:00PM V V
0 0
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner T T
William I. Gulliford, Jr. E E
Alan Jensen D D
Preben Johansen
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 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 March 8, 1982
Gulliford x x
Motion: The minutes of the regular Commission meeting of March 8, Jensen x
1982 be approved as submitted. Johansen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Correspondence
A. Beaches Area Chamber of Commerce re Beach Festival Parade
The City Manager acknowledged receipt of the entry application for
the Beach Festival Parade to be held on Sunday, April 18, 1982 at
2:30 p.m. and offered the different options on entry fees.
Gulliford x
Motion: Participate in the Beaches Festival Parade by entering in Jensen x x
the non-commercial field. Fee to be $25.00. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Department of Environmental Regulation re EPA Funding of the
Construction Grants Program
Mr. Moss advised receipt of a letter from Mr. Richard W. Smith, P.E. ,
Chief of the Bureau of Wastewater Management and Grants regarding
EPA funding of the construction grants program. The letter stated
that Florida's current annual allotment is $90 million. Florida has
suggested, as a partial solution to the sewage issue,to reduce the
funding from the 75% current level to 55% grant level. Mr. Moss stated
that he did not wish to take a position at this time as it is uncertaii
what priority the City of Atlantic Beach will be listed. He added that
he planned to attend a workshop meeting in Tallahassee on Wednesday,
March 24th regarding rule changes for the setting of priorities for
the construction grants and will report back to the Commission on how
they will determine the priority.
Advisory Planning Board
No report was offered on the Advisory Planning Board.
PAGE TWO V V
MINUTES Names of
MARCH 22,1982 Commrs. M S Y N
City Manager's Report
A. Item #1 - Proposed Agreement for Engineering Services with
Robert Bates & Assoc. - Preparation of Sewer Rate Study
The City Manager submitted a proposal by Robert Bates & Associates
Consulting Engineers, for the preparation of a sewer rates study.
On February 22, 1982 the City Commission authorized the City ManagEr
to obtain a proposal for the study, and the proposal is within the
parameters established by request for a proposal from the City
Manager. Mr. Moss requested authorization to contract with Robert
Bates & Associates to prepare the study, in the amount of $3,000.
The rates study will offer various proposals based on several
realistic scenarios. Discussion followed.
Motion: Authorize the City Manager to contract with Robert Bates Gulliford x x
& Associates to prepare a sewer rate study, for a payment Jensen x
of $3,000, as outlined in the proposal. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Item #2 - Authorization to Make Emergency Purchase of Lift
Station Pumps
Mr. Moss verbally presented background information concerning the
lift station failure at Howell Park on March 14, 1982. The shaft in
the main pump failed during the evening and the back-up pump also
failed during the night because of normal wear and tear since its
installation in 1959. He requested authorization to purchase two
Fairbanks-Morse pumps through the authorized distributor, Aspinwall
and Associates at an approximate cost of $2,400 each. Commissioner
Johansen suggested that in the future the city should standardize
the pumps so that parts could be interchangeable. Mr. Moss also
suggested that perhaps a system could be installed so that the
crew can attach an auxiliary pump when such problems arise. The
Commission agreed. Funds are available in the sewer operations Acct
to cover the purchase.
Motion: Authorize the City Manager to purchase two Fairbanks- Gulliford x x
Morse pumps through the authorized distributor, Aspinwall Jensen x
& Associates at an approximate cost of $2,400 each on Johansen x x
an emergency basis. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
C. Item #3 - Authorization to repair and improve back-stop,Little
League Park
Mr. Moss stated that Mrs. Clare McCreary, Little League President,
has previously indicated that foul balls at the Little League park
have occasionally caused injury to spectators, and she had asked
that the present 12-foot high back-stop be modified to reduce the
chance of injury to spectators. Of the six companies contacted, twc
proposals were received: George P. Coyle Company recommended ex-
tensive replacement of the existing back-stop, including new nine-
gauge fence wire at an approximate cost of $2,740. and Big John
Fence Company proposed to extend the existing back-stop by six feet
PAGE THREE V V
MINUTES Names of
MARCH 22, 1982 Commrs. M S Y N
City Manager's Report - continued - Item #3
and attach and weld a four-foot angle lean, at an approximate cost
of $1,315. Mr. Moss added that funds are available in the Parks &
Recreation budget for this purpose. Discussion followed.
Motion: Authorize the City Manager to contract with Big John Gulliford x x
Fence Company for back-stop improvements with over-hang Jensen x
in the amount of $1,315. on an emergency basis. Johansen x x
Van Ness x
Commissioner Johansen's motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
D. Budget Report for Period Ending February 28, 1982
The budget report for period ending February 28, 1982 was presented
for the Commission's review. Commissioner Van Ness suggested that
in the future one copy of the report be placed in Mrs. LaVake's
office for the Commission to stop by and review as computer soft-
ware is so expensive. Commissioner Johansen agreed and asked that
notices be mailed to the Commission when the reports are available.
Commissioner Johansen also suggested that due to the cost of paper,
contractors should not be required to furnish each Commissioner a
full detailed copy of their proposed plans (re: shopping center on
Comic Book Club property) . Commission agreed that an over-all lay-
out will be sufficient and if questions arise the plans can be seen
at City Hall.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Acceptance of Easement for George Street - CDBG Construction Prpject
The City Manager explained that the engineering firm of Robert
Bates & Associates had advised Mr. Stokely, Community Development
Administrator, that approximately $4,200 on the Capital Improvements
project could be saved if a 10' utility easement could be obtained
from Carl L. and Thelma C. Griffin, owners of the property located
at 1920 George Street. The easement involves running an 8" sewer
line from the lift station in Donner Park along the Griffin's pro-
perty line to George St. The Griffin's attorney is presently re-
viewing the document and due to the time element, Mr. Moss asked
that the Commission accept the easement subject to the formal dedi-
cation by the Griffin's. Mayor Persons asked Mr. Stokely if he was
sure that 15 days would be long enough for access to the other
eight feet and Mr. Stokely replied in the affirmative.
Motion: Accept a 10' utility easement from Carl L. and Thelma C. Gulliford x x
Griffin, owners of the property located at 1920 George Jensen x
Street, Atlantic Beach, subject to the formal dedication Johansen x x
by the Griffin's. The Mayor and City Clerk be authorized Van Ness x
to sign on behalf of the City. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FOUR V V
MINUTES Names of
MARCH 22, 1982 Commr s. MS y N
New Business
Mr. Moss advised that Mr. George Bull had called him on Friday and
stated that he was prepared to begin his second phase of Selva
Marina Garden. Mr. Moss told him that he was not aware the second
phase had been approved by the City Commission and indicated to Mr
Bull that he would have to go through the PUD procedure as he had
done with Selva Marina Garden. Mr. Bull wrote a letter on Monday,
March 22nd (copies were given to each Commissioner) advising that
although the typed record does not reveal it, when the City Com-
mission approved Selva Marina Garden they reserved the right to
withhold approval of an extension thereof pending their being
satisfied with the character of the concept as it evolved, before
permitting the Developer to continue. Mr. Moss requested that in
order to save the Developer two weeks, the letter be treated as a
request, and allow him to present his plans to the Advisory Planni g
Board. Commissioner Johansen moved to go ahead and accept the
letter as a means for Mr. Bull to apply, if the application had
not already been filed. The motion was seconded by Commissioner
Gulliford. During discussion before the question, Commissioner
Jensen objected to treating the letter as an application, and
stated there were things in the letter, as he recalled, that were
not correct. Commissioner Van Ness agreed, and noted that, as she
recalled, Mr. Bull so stated that he was bringing in Selva Marina
Garden unit #1, as he put it, or the first half of the W, and if
that was successful, and it went over, he would then come in for
the second leg of the W. She added that as far as she was concerned
Mr. Bull has never had any approval for this at all, and he has
cut his street through already, not underbrush, but cut, flattened
out, widened and smoothed down. Commissioner Gulliford said the
procedure though, is that the Commission is not saying anything
to that, because he still will have to come back with plans and a
formal application, if in fact, he has not already applied. Since
no vote was taken, the motion was considered dead on adjournment.
The City Manager was instructed to respond to Mr. Bulls letter,
Unfinished Business
A. Amendment to PUD at 193 Beach Avenue-Margaret & Edward Then-
Public Hearing
Mayor Persons announced that on February 8, 1982, the City Commis-
sion tentatively accepted the request for an addition of a small
balcony and the installation of an invalid elevator. He then decla .ed
the floor open for a Public Hearing. Mr. J. M. Jones, 161 Beach
Avenue objected. Discussion followed. Mr. B. L. Bartlett, attorne
for Mrs. Then detailed the reasons Mrs. Then should be allowed to
install the invalid elevator. As no one else spoke for or against
the Mayor declared the Public Hearing closed.
Gulliford x
Motion:Approve the request for an amendment to PUD submitted by Jensen x x
Margaret & Edward Then for an addition of a small balcony Johansen x x
and the installation of an invalid elevator.
Van mss a
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
PAGE FIVE V V
MINUTES Names of
MARCH 22, 1982 Commr s. M S Y N
Unfinished Business - continued
B. Appointment of Search Committee for New City Clerk
Mayor Persons announced that he had taken the liberty of requesting
three citizens to serve on the committee, and they have graciously
accepted. They are as follows:
Mr. Paul Steckla, Chairman
Mrs. Dorothy Kerber
Mr. William S. Howell
Mr. Steckla was recognized by the Chair. Mr. Steckla asked that a
Vice-Chairman be appointed due to the fact that he will be out of
the country from April 18th until May 5, 1982 and should a new Cit}
Clerk not be appointed by April 18, 1982. Mayor Persons appointed
former Mayor Howell as Vice-Chairman. Mayor Persons then stated
the Commission should outline to the Search Committee the duties
of the clerk - should the employee be the City Clerk or City Clerk/
Treasurer. The decision was made to amend the Charter by Ordinance
so that the Treasurer is not a mandatory position. The City would
then have a City Manager, City Clerk, and a Finance Director.
Mayor Persons instructed the City Attorney, Mr. Ball, to prepare
an Ordinance making the position of City Treasurer a discretionary
position.
Motion: Accept the appointments of the Search Committee for a Gulliford x x
new City Clerk Jensen x
Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Report of Committees
Commissioner Gulliford reported that on March 31, 1982, on Wednesday,
at 10:00 a.m. at the Chamber of Commerce, there will be a meeting
of all interested parties with respect to the impact of the expansion
of Mayport in the area.
Action on Ordinances
A. Ordinance No. 55-82-19 AN ORDINANCE DECLARING WEEDS TO BE A
NUISANCE AND ESTABLISHING THE PROCEDURES TO ABATE-Third and
Final Reading - Public Hearing
Said Ordinance was presented in full, in writing, and read on third
and final reading by the Mayor. Said Ordinance was posted in line
with Charter requirements. The Mayor then opened the meeting 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. 55-82-19 be passed on third and final Jensen
reading. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * persons x
PAGE SIX V V
MINUTES Names of
MARCH 22, 1982 Commrs. M S Y N
Action on Ordinances - continued
B. Ordinance No. 55-82-20 - Third and Final Reading-Public Hearing
AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF
ATLANTIC BEACH, TO PROHIBIT CERTAIN ACTS, OCCURRENCES AND CONDITIOrS
WHICH CONSTITUTE A NUISANCE.
Said Ordinance was presented in full, in writing, and read on third
and final reading by the Mayor. Said Ordinance was posted in line
with Charter requirements. The Mayor then declared the floor 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. 55-82-20 be passed on third and final Jensen x
reading. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11 Persons x
C. Ordinance No. 75-82-3-Third and Final Reading-Public Hearing
AN ORDINANCE REGULATING VEHICLES STOPPING, STANDING AND PARKING
Said Ordinance was presented in full, in writing, and read on third
and final reading by Commissioner Gulliford. Said Ordinance was
posted in line with Charter requirements. The Mayor then declared
the floor open for a Public Hearing. Mrs. Ruth Gregg, 905 Sailfish
Drive, asked if the police will ticket the junk cars sitting arounc
and suggested that the Ordinances passed be mailed to all citizens.
Commissioner Johansen commented that a 72 hour notice will be posted
on the cars and the owners will have an opportunity to remedy. Mr.
Ralph Bell, Beach Avenue, agreed with Commissioner Gulliford that
adequate signs be posted on all parking regulations. Mr. Ron Gray,
63 Beach Avenue, referred to Section 7 (1) "No commercial vehicle
in excess of 18,500 G.V.W, or any combination thereof "shall
park upon any private property in a residential zone, and Section
8 "Parking more than 72 hours prohibited". His concern related
primarily to the Sea Turtle's north parking lot. He suggested that
some provision be made to take the Sea Turtle out of the Ordinance,
as that parking lot is zoned residential "C". Commissioner Johansen
expressed the opinion that some exception had been made for the Sea
Turtle's parking when they bought the property and closed Ahern St.
and Beach Avenue for a short stretch between Atlantic Blvd. and
Ahern St. Commissioner Gulliford noted that he could not recollect
any instant where a commercial vehicle has been parked in the Sea
Turtle parking for more than three days. Commissioner Johansen
expressed the opinion that if the Commission had,at one time, given
some sort of exception for parking, the Commission couldnot turn
around and change the zoning to RG-2 without grandfathering in what
was already there. He asked for a legal opinion. Commissioner
Jensen stated that if the Ordinance is passed on parking that says
you cannot park Commercial vehicles in a residential area, some
provision will have to be made for the Sea Turtle parking lot.
•
PAGE SEVEN V V
MINUTES Names of
MARCH 22, 1982 Commrs. M S Y N
— - —
Action on Ordinances - continued
Mrs. Dorothy Kerber,365 1st St. ,inquired if it would be unlawful to
post a for sale sign of a vehicle on residential property. Mayor
Persons answered that as long as the sign is on private property
and not city property, it is legal. Mrs. Dutton, 1058 Beach Avenue,
asked whose responsibility it would be to call a wrecker if cars
are blocking your drive-way. The Mayor responded that the individual
only has to call the police and they handle the problem. As no one
else spoke for or against, the Mayor declared the Public Hearing
closed. Commissioner Johansen suggested that the Public Hearing
be continued until the next meeting or until Commissioner Jensen
has completed his comparison with the State Statutes. Commissioner
Gulliford agreed and added the Sea Turtle parking lot zoning matter
would have to be resolved also before passage of the Ordinance.
Mayor Persons stated that a word change should be made in Section
10-sub 1(a) should read"In front of a public or private driveway,
upon complaint". The line presently reads"in front of a public or
private driveway."
Gulliford x x
Motion:Defer action and continue Public Hearing until the next Jensen x
meeting on April 12, 1982. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
D. Ordinance No. 80-82-21 - Second Reading
AN ORDINANCE AMENDING ORDINANCE NO. 80-81-19 TO BE KNOWN AS THE
"WATER CONSERVATION ORDINANCE"
Said Ordinance was presented in full, in writing, and read on second
reading, by title only, by Mayor Persons.
Gulliford x x
Motion: Said Ordinance be passed on second reading, by title onl7 Jensen x
Johansen x
Before the vote, Mr. Moss explained that this was designed to place Van Ness x x
the Ordinance in effect automatically whenever there is a shortage Persons x
declared by the St. Johns River Water Management District. He added
that the restrictions have now been lifted by the St. Johns River
Management District and he planned to advertise the information
in the paper. After discussion, Commissioner Johansen moved for the
following amendment:
Amended motion: Amend Section 7 to read" The prohibition or Gulliford x x
curtailment of certain non-essential uses of water as set Jensen x
forth by this Ordinance shall be effective only during the Johansen x x
existence of a water shortage as declared to exist by the Van Ness x
St. Johns River Water Management District". Persons x
Motion: Said Ordinance be passed on second reading, as amended, Gulliford x x
in Section 7. Jensen x
Johansen x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * van
Ness
Persons x
PAGE EIGHT
V V
MINUTES Names of
MARCH 22, 1982 Commrs. M S Y N
Action on Ordinances - continued
E. Ordinance No. 95-82-25 - Second Reading
AN ORDINANCE PROHIBITING THE USE OF SURFBOARDS IN THE SURF ADJACENT
TO THE BEACH UNLESS SUCH SURFBOARD IS FASTENED TO A TETHER
Said Ordinance was presented in full, in writing, and read on second
reading, by title only, by Mayor Persons.
Gulliford x x
Motion: Said Ordinance be passed on second reading, by title Jensen x x
only. Johansen x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
F. Ordinance No. 55-82-21- An Ordinance Prohibiting Litter
Mayor Persons advised that Mr. Moss had presented a proposed litter
Ordinance.Discussion followed on the pros and cons of leaving this
in the form of the Florida Statutes Chapter 403.413, which does
prohibit the littering whthin the municipal corporate limits and
authorizes municipal law enforcement officers to enforce the
statute, and carries a fine of $25.00. Mr. Moss pointed out that
unless the city adopts an ordinance, the fines imposed by the county
courts will go to the state rather than the municipality. He added
that the fine should be greater than $25.00.
Gulliford x x
Motion: Defer action at this time. Jensen x
Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
There being no further business, the Mayor declared the meeting
adjourned.
(SEAL) Robert B. Persons, Jr.
Mayor-Commissioner
ATTEST:
(,aga:ofe) eit‘,"„
Adelaide R. Tucker
City Clerk