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07-12-82 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA July 12, 1982 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of June 28, 1982 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board A. Letter of Resignation from Mrs. Donna Ross, Member of the Advisory Planning Board 5. City Manager's Report A. Item #1 - Proposed Sewer Rate Increases B. Item #2 - Request by William Morgan Architects for Water and Sewer Services - Seminole Beach C. Item #3 - Request by Mr. Donald A. Radin to Construct Addition to the E-Z Mini-Storage D. Item #4 - Proposal for Engineering Services - Water ands Sewer System Mapping i E. Item #5 - Proposal for Engineering Services - Water and Sewer System Appraisal 6. New Business A. Discussion re Appointment of City Attorney 7. Unfinished Business A. Selva Marina Garden Two - Planned Unit Development - Discussion re Sidewalk/Pathways B. Amendment to Alcoholic Beverage Ordinance (Zoning) - To Be Presented Monday Night, if Prepared 8. Report of Committees A. Sewer Plant Committee B. Committee of the Whole - Proposed Zoning Ordinance 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 90-82-74 - An Ordinance Amending Chapter 28 of the Ordinance Code of the City of Atlantic Beach, the Same Being the Zoning Ordinance - Third and Final Reading - Public Hearing B. Ordinance No. 25-82-1 - Adopting the Standard Mechanical Code - Second Reading C. Ordinance No. 34-82-1 - Amending Chapter 7 of the Code of Ordinances of the City of Atlantic Beach, Florida, the Same Being the Chapter Regulating Electricity - Second Reading D. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code of Ordinances of the City of Atlantic Beach, the Same Being an Ordinance Regulating Plumbing - Second Reading 11. Miscellaneous Business 12. ADJOURN CORRECTED 8/23/82 TO REFLECT "YES" AND "NO" OF THE "VOTED"COLUMN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH V V CITY COMMISSION HELD AT THE CITY HALL ON JULY 12, 1982 0 0 T T PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner E E William I. Gulliford, Jr. D D Alan Jensen Preben Johansen Catherine G. Van Ness, Commissioners M S O E AND: A. William Moss, City Manager T C Pat Whitney, 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 June 28, 1982 Motion: The minutes of the regular Commission Meeting of Gulliford x x June 28, 1982 be approved subject to one correction: Jensen x x correcting Sam Snider's name from Dan to Sam. Johansen x Van Ness x Mayor Persons abstained from voting since he was out of town for the last Commission Meeting. 9r***4c4c*:sx****-****4c:c*4cic;cx4c4c4c9cic****9c4c:cic****ic**9c4c*9ck:c4c4c4ck4cic*x******4c*9c***** Recognition of Visitors The Chair recognized Mrs. Claire McCreary who presented a trophy to the City on behalf of the Atlantic Beach Little League Assoc. , the parents, and the children who would like to express their appreciation for all the services and contributions given by the City of Atlantic Beach. Mayor Persons gratefully accepted the trophy on behalf of the City. ************************************************************************ Advisory Planning Board A. Letter of Resignation from Mrs. Donna. Ross, Member of the Advisory Planning Board The City Manager presented the Commission with a letter of resignation from Mrs. Donna Ross effective June 30, 1982. Commission Johansen moved the following: Motion: Accept resignation subject to Mrs. Ross staying on until Gulliford x the Proposed Zoning Ordinance has been passed. Jensen x x Johansen x Before for the vote, Mayor Person suggusted the following motion: Van Ness x Persons x x Amended motion: Regretfully accept Mrs. Ross's resignation and request that she stay on until the Zoning Ordinance is passed. V V MINUTES Names of PAGE 2 Commr s. MS Y N JULY 12, 1982 r- City Manager's Report A. Item #1 - Proposed Sewer Rate Increases The City Manager reported that on June 28, 1982, the City Com- mission was provided a document entitled "Sewer Rate Study, an Engineering and Financial Report for the City of Atlantic Beach." The Sewer Rate study was conducted by Robert Bates & Associates. The 150-page document provides a comprehensive analysis of the City's present and proposed wastewater treatment facilities, and the financial alternatives required to fund the City's wastewater treatment program. The report provides a perspective of the existing system facilities including the plant, transmission and collection systems, required systems improvements, operating expenses, revenue sources, etc. . The report analyzes the existing sewer rates, revenues and expenses, the historic system growth, and it details the amortization of outstanding debt on the existing system. The existing wastewater treatment plant is now operating at 92.9% of its designed hydraulic capacity. In the month of January 1982, the average loading was 108% of capacity. The fact that the plant is at or near its hydraulic designed capacity should not be a surprise. City records and engineering data reflect that the plant operated with an average monthly flow in excess of 1,000,000 gpd for several months in 1978, and for at least nine months in 1979. The plant's present capacity of 1.0 MGD will be exceeded by the average annual flow rate by 1983. There is an imperative need for an expansion of capacity. The sewer rate study suggests two alternatives for an initial rate increase to be effective on October 1, 1982. These are: 1) Basic Plan - The basic plan rate increase will remain a flat rate structure similar to the existing structure. Rates will be adjusted proportionately for all users. The rates will be set at levels to provide revenue adequacy for a two-year period. Rates will be set at a level to make the sewer system self- sustaining, i.e. , projected user charge revenues will be adequate to meet total revenue needs. A second stage rate increase will not be necessary until October 1, 1984. Under the Alternate D plan, the initial rate adjustment will represent 100% increase. That is, the present $4.00 a month sewer charge will become $8.00 per month, and will be billed quarterly. 2) Modified Plan - The modified plan is similar to the basic plan except that, a) in that the system is not now self-sustaining, the modified rate assumes that the General Fund will continue to provide a subsidy of debt service payments on outstanding Cbrrected 8/23/82 to reflect "YES" and "NO" of the "Voted" Column MINUTES V V PAGE 3 Names of JULY 12, 1982 Commrs. MS Y N City Manager's Report - Item #1 Continued bond issues; b) the funding level for a renewal and replacement account will be reduced to 5% of the operating expenditure. Rates would increase approximately 45.83% under the initial modified rate structure. A single-family residence would increase from $4.00 per month to $5.83 per month billed quarterly. If the City is successful in obtaining an EPA grant for the construction of a permanent sewer plant, the City will be required to develop user charges which are considered by the EPA to be equitable. Many consider the flat monthly charge as is utilized by the City of Atlantic Beach to be inequitable. High-cost users (in terms of volume and location) are undercharged. Low - volume users are overcharged. The cost of sewer treatment is averaged to all residents. The most equitable sewer rate is obtained through a system of flow proportional charges meeting general EPA criteria for user charged systems. Should the City be offered a 75% EPA grant, a volumetric charge against all users based on metered water usage is recommended. The Sewer Plant Committee discussed the feasibility of implementing a flow-proportional rate structure effective October 1, 1982. The flow-proportional rate structure is presented to the City Commission as a third sewer rate alternative. The flow-proportional charge necessary to generate the revenue required for Alternate D would be as follows: Basic Rate - 74c per 1,000 gallons Modified Rate - 56c per 1,000 gallons There appears to be no question that substantial rate increases are required to fund the sewer operation. The City Commission must determine whether the most acceptable methods of obtaining revenues to fund the Alternate D proposal is through the recommended basic rate, modified rate, or flow-proportional rate. Commissioner Gulliford suggested the Sewer Committee Meet on Wednesday, July 12, 1982, at 7:30 p.m. . The Committee agreed. The City Manager informed the Commission that because the City is either going to be receiving a grant or pursuing the option of the two package plans, there is a need for a consulting engineer. Gulliford x x Jensen x Motion: Authorized Mr. Moss to begin the procedure of selecting Johansen x a consulting engineer for the Sewer Plant. Van Ness x x **************************************************************** Persons x Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column MINUTES V V PAGE 4 Names of JULY 12, 1982 Commrs. M S Y N City Manager's Report continued Item #2 - Request by William Morgan Architects for Water and Sewer Services - Seminole Beach The City Manager reported on a letter received from Mr. William Morgan requesting the City of Atlantic Beach to provide water and sewer services for six proposed residences to be built on the north side of 19th Street between Seminole Rd. and Beach Ave. The City has in effect a moratorium prohibiting sewer connections beyond the City limits. The City Commission would, of course, be required to lift the moratorium to grant the request to furnish sewer services at this location. Mr. Morgan is proposing to install a grey water disposal system. Black water effluent would be discharged into the City's sewer system. Grey water (from bath, sinks, etc. ) would be disposed on the property through a modified septic tank system. A discussion ensued concerning an already overloaded sewer system, rates, and the possibility of setting a precedent. Gulliford x x Jensen x Motion: To offer Mr. Morgan water service, however, he will Johansen x have to furnish his own sewer service. ************************************ ******************************* Van Ness x x Persons x Item #3 - Request by Mr. Donald A. Radin to Construct Addition to the E-Z Mini-Storage The City Manager submitted a request by Mr. Donald A. Radin to extend the E-Z Mini-Storage located at 310 Mayport Rd. Zoning for the proposed extension for Lot 1 and 20' of lot 2, Block 79, Section H, is currently Business "B". Mini-warehouses have been allowed in Business "B" districts. The district is proposed to be changed to RG-1 (Duplex) under the proposed zoning ordinance. The Building plans have been reviewed by the City's Building Inspector and the City Engineer. Mr. Radin has agreed to any revisions deemed for full compliance. The addition will consist of 36 storage units of various sizes. Gulliford x x Motion: To authorize the City Manager to issue a building permit Jensen x upon final review and acceptance of the plans. Johansen x ******************************************************************* Van Ness x x Persons x Item #4 - Proposal for Engineering Services - Water and & #5 Sewer System Mapping & Water and Sewer System Appraisal The City Manager reported that the City has consistently received audit exceptions in the capitalized annual financial audits because no depreciation data had been recorded in the MINUTES PAGE 5 V V JULY 12, 1982 Names of Commrs. M S Y N water and sewer proprietary fund operations for current and prior periods. Because this omission is at a variance with generally accepted accounting principles, the auditor has stated that the City's financial statements do not present fairly the financial position of the various funds for the City of Atlantic Beach. Recognizing that the City will probably have to go into the bond market to borrow funds for the expansion of the wastewater treat- ment facilities, the City Commission has previously taken the position that all efforts should be made to assure that the financial position is in conformity with generally accepted accounting principles. In order to provide depreciation data to the auditor, it is necessary that a complete inventory and appraisal of the City's existing water and sewer system be made. The City Manager asked that the engineering firm of Robert Bates & Associates, Inc. , submit a proposal to appraise the City`s water and sewer system. Upon review of the esisting system maps, it was discovered that the City has only one copy of the drawings for much of the system facilities. The information is in piece-meal form, and much of it is not in a condition which may be copied so that a complete set may be placed in the City's fireproof vault. The only set existing is used on a day-to--day basis. The City Manager then asked that the engineers first prepare new maps of the entire water and sewer system showing streets, waterways, significant topographic features, etc. , suitableas background for water and sewer key maps. The proposal was to include the provision of water system and sewer system section or zone maps. In order to assure that the City has legible, reproducible maps, the City Manager recommends that the City enter into a contract for drafting services from Robert Bates & Associates, Inc. , before the inventory and appraisal is made. The Chair recognized Mr. Bull who suggested that in view of the recent discussion on grey water - black water disposal system, the City should authorize in conjunction with mapping; taking soil samples around the city in order that the City may know the extent to which the grey water - black water system could be utilized. Mr. Bull mentioned the system is pointed towards expanding our water and sewage system in the future. Commmissioner Gulliford suggested consulting a Soil Conservation Service, and informed Mr. Bull that his recommendation would be referred to the Sewer Committee. Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column MINUTES V V PAGE 6 Names of JULY 12, 1982 Commrs. M S Y N City Manager's Report Continued - Items #4 & 5 Gulliford x x Motion: Authorize the City Manager to execute an agreement with Jensen x Robert Bates & Associates, Inc. in the amount of $2,500 Johansen x for mapping and $3,000 for an appraisal. Van Ness x ****************************************************************** Persons x New Business A. Discussion re Appointment of City Attorney Mayor Persons reported for the Committee (Mayor Persons and Commissioner Gulliford) assigned to select a new City Attorney to succeed Oliver Ball, who resigned in June. Mayor Persons reported that the Committee had received and reviewed four applicants and after giving a brief summary on each one, informed the Commission that the Committee would recommend Commissioner Jensen. Mayor Persons stated they felt that Commissioner Jensen was most qualified because being a City Attorney not only involves knowing what the law is, but also knowing why the law came to be. Commissioner Jensen has the knowledge and back- ground of a great amount of the City's present ordinances and codes and the history of the codes. He is also familiar with the people of -the town and what their needs are. Therefore, the Committee would like to recommend Commissioner Jensen, however, the law requires that he resign as a Commissioner to accept the position of City Attorney. It was decided by the Commission to defer any further action u until the Commission finished voting on the ordinances placed on the agenda for the meeting, and move the item of a new City Attorney to the end of the agenda. ******************************************************************* Unfinished Business A. Selva Marina Garden Two - Planned Unit Development - Discussion re Sidewalk/Pathways The City Manager expressed his opinion that a sidewalk was a necessity in the development to assure adequate safety, without a pathway it would create a dangerous situation for the children in the area. The Chair recognized Mr. Bull who objected to the inconsistency in requiring sidewalks in his delkelopment and not others, and also the late date that it' s being required. Commissioner Johansen mentioned he thought the Commission prior to this had been remiss in not requiring sidewalks in the past when needed. The Commissioner also asked Mr. Bull if he wasn't willing Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column MINUTES V V PAGE 7 Names of JULY 12, 1982 Commrs. M S Y N Unfinished Business - Continued to provide a sidewalk, if he'd be willing to consider giving the City an easement so the City could provide the sidewalk. Mr. Bull did not respond to Commissioner Johansen's question. Mayor Persons suggested postponing a decision on the sidewalk until the Public Hearing scheduled on the PUD at the next Com- mission Meeting. B. Amendment to Alcoholic Beverage Ordinance (Zoning) Gulliford x x Motion: To defer until after new City Attorney is appointed. Jensen x Johansen x Van Ness x ***********************************************-******************** Persons x x Action On Ordinances A. Ordinance No. 90-82-74 - An Ordinance Amending Chapter 28 of the Ordinance Code of the City of Atlantic Beach, the Same Being the Zoning Ordinance - Third and Final Reading - Public Hearing Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Persons. Said Ordinance was posted in line with Charter requirements. After the reading, the Mayor declared the meeting open for a Public Hearing. The City Manager reported on the meeting the Commission held as a Whole to review the proposed Zoning Ordinance on July 8, 1982. The recommendations made for consideration by the Commission will be mentioned in the form of Motions in the minutes at the end of this particular section on Ordinance No. 90-82-74. A large group of residents were present to voice their opinion on the zoning changes, and are listed as follows: Fred Lewis - 5 Fairway Lane, Jacksonville Beach Mr. Lewis is the owner of property on Mayport Rd. which is currently zoned Business B. He is opposed to the clause in the new Ordinance "use by exception"; he feels this will cause problems for prospective tenants that he might want to lease to. Johnny Tucker - 42 11th St. , Atlantic Beach Opposed to the change in zoning district between 10th & 11th Streets . Charles Morris - 75 Saratoga Cir. S. , Atlantic Beach Concerned about 11 acres of land between Mr. Ashe's Mini-Storage and Aquatic Rd. . Changing to RG-2, would like to see 100' buffer zone on Cornell Lm. continue on down so that RS-2 zoned property will not be up against commercial property. MINUTES V V PAGE 8 Names o f JULY 12, 1982 Commr s. MS Y N Action On Ordinances - Continued Bill Moe - 599 Atlantic Blvd. , Atlantic Beach Attorney representing Mr. & Mrs. Roundtree - Opposed to property presently zoned for mobile homes changing to single family only. Would like to see a provision for an exception in Ordinance. George Prom - 2451 Anniston Rd. , Jacksonville Owner of two lots on Main St. - would like to see Section H zoned for duplexes. Alberta Johansen - 197 Seminole Rd. , Atlantic Beach Did not understand Commissions' reasoning behind changing lots in Saltair from single-family to duplex designation. Mrs. Johansen was informed that the zoning district in Saltair was going to be redrawn. Marshall Dutton - 176 Magnolia St. , Atlantic Beach Mr. Dutton spoke on behalf of the 14 residents of the Saltair Subdivision wishing to express their appreciation for the Commissions' concern in the rezoning of Saltair. He also wanted to thank Commissioner Gulliford for meeting with the residents. Mr. Dutton also asked if the Commission could give the residents of Saltair, that were attending the meeting, their decision on the Saltair rezoning so they may leave the meeting. Commissioner Gulliford asked the Commission for an informal poll to express the sentiment of the Commission with respect to what is proposed in the Saltair area as far as a change. It was unanimously agreed upon by the Commission to leave the boundry as it originally was with respect to duplex zoning and single-family zoning, which is what the residents requested. Maureen O'Malley - (Address unclear on tape) Owner of a lot on the south corner of Mayport Rd. and Plaza. Protesting rezoning from commercial general to commercial limited. Steven Prom - 1020 Main Street, Atlantic Beach Opposed to singe-family zoning rather than duplex designation in his area. Tom Macke - No Address Given In the process of building a duplex on Begonia St. and opposes rezoning from duplex designation to single-family. Martha Jackson - 763 Old Kings Rd. , Jacksonville Acting as agent for Don Radin. "Property on Mayport Rd. that is E-Z Mini Storage Warehouse at this particular time is divided in the rezoning. In the old zoning the front half was Business A and the back half was Business B. There are approximately one-third of the units MINUTES PAGE 9 v v JULY 12, 1982 Names of Commrs. M S Y N inimonimmipm. -- _.__ -__ ____ _. _ _ /J..y Action On Ordinances - Continued of the warehouse that are across the road on the south side of 3rd St. that will now be zoned residential and they do need more repair in keeping them up. It will be a detriment to the business not to be able to keep the units in good repair. I would like to ask the Commission to consider the portion that is being used in that manner be kept as one zoning." Mr. Bledsoe - Address Not Given Mr. Bledsoe is representing his mother, Mrs. Bledsoe. Mrs. Bledsoe is the owner of a piece of property on Cornell Lane. Opposes rezoning from duplex designation to single-family. Mr. Moss informed Mr. Bledsoe that the area has been recommended for duplex designation. Mr. Bull - Address Not Given Mr. Bull stated that there is a problem with the text of the Ordinance and that it is part of the text of the Ordinance that the City is proposing to amend. He stated he is challenging the Ordinance on the fact that it is not being read in its entirety on the third and final reading. He stated that it is a law that you read the whole land use code. He also stated that in regard to the text as he had mentioned at the last Commission Meeting, the only recourse from the decision by the Building Administrator is to the Board of Adjustment, and if your not satisfied there, you have to go to court. He would like an avenue of recourse to the Commission to at least discuss a problem. Mayor Persons asserted that the state law says that anyone who feels they have been aggrieved by the Board of Adjustment can appeal to the Circuit Court and that as far as the appellate procedure from the Administrative Officer goes, Florida Statute Section 16420 requires that it be done that way and I don't know that we can get around it. Mayor Persons also stated that the first section in the code reads that you can appeal any decision to the Commission. Mr. Bull apologized. Mayor Persons then decided that the Public Hearing will be continued until the next Commission Meeting in order to get the Ordinance as right as possible before it's passed, and also so the new City Attorney can research the statutes on the Board of Adjustment appeal procedure. Corrected 8/23/82 to reflect "Yes11 and "No" of the "Voted" Column MINUTES V V PAGE 10 Name s of JULY 12, 1982 Commrs. M S Y N Commissioner Johansen then moved the following: Gulliford x Motion: To adjourn the Public Hearing until the next Commission Jensen x x Meeting. Johansen x x Van Ness x Persons x Commission Gulliford suggested that the Commission act on the recommendations made when the City Commission met as a Com- mittee of the Whole to review the proposed zoning ordinance on July 8, 1982. Mayor Persons proceeded to read the following recommended changes: 1. Redraw the zoning district in the Saltair Subdivision to reduce the number of previously created duplex lots. The redrawn line is indicated in red on the proposed zoning map. Gulliford x x Motion: To change the Ordinance accordingly and go back Jensen x to the old line. Johansen x x Van Ness x Persons x 2. Change the zoning designation from RS-2 to RG-2 for an area of land south and to the east of Cornell Lane. The redrawn line is indicated in red on the proposed zoning map. Gulliford x Motion: Change the zoning designation from RS-2 to RG-2 Jensen x x for an area of land south and to the east of Cornell Lane. Johansen x x Van Ness x Persons x 3. Change the zoning district in an area between 10th and 11th Streets from RG-3 to RG-2. The Area would be bordered on the south from the north property line of Island Club, south of 11th Street and east of Beach Avenue. The redrawn line is indicated in red on the proposed zoning map. Commissioner Van Ness moved the following: Motion: Change the zoning to RG-2 in this area. The Motion died for lack of a second. Commissioner Johansen then made the following Motion: Gulliford x Motion: To deny any change in zoning in this area. Jensen x x Johansen x x 4. Height limitation of 35' should also apply to the Commercial Van Ness x and Industrial districts. Persons x Motion: To make the change accordingly. Gulliford x Jensen x x Johansen x Van Ness x x Persons x Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column MINUTES V V PAGE 11 Names of JULY 12, 1982 Commr s. M S Y N B. Ordinance No. 25-82-1 - Adopting the Standard Mechanical Code - Second Reading AN ORDINANCE ADOPTING THE STANDARD MECHANICAL CODE Said Ordinance was presented in full, in writing, and read on Gulliford x x second reading, by title only, my Mayor Persons. Jensen x x Johansen x Motion: Said Ordinance No. 25-82-1 be passed on second reading, Van Ness x by title only. Persons x C. Ordinance No. 34-82-1 - Amending Chapter 7 of the Code of Ordinances of the City of Atlantic Beach, Florida, the Same Being the Chapter Regulating Electricity - Second Reading AN ORDINANCE AMENDING CHAPTER 7 - ELECTRICITY WHICH WILL AMEND THE ELECTRICAL PERMIT FEES. 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 No. 34-82-1 be passed on second reading Jensen x by title only. Johansen x x Van Ness x Persons x D. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code of Ordinances of the City of Atlantic Beach, the Same Being an Ordinance Regulating Plumbing - Second Reading PROPOSED ORDINANCE AMENDING CHAPTER 17 - PLUMBING FEES Said Ordinance was presented in full, in writing, and read on Gulliford x x second reading, by title only, by Mayor Persons. Jensen x Motion: Said Ordinance No. 36-82-1 be passed on second reading, Johansen x x by title only. Van Ness x ******************************************************************* Persons x Miscellaneous Business Mayor Persons opened the floor for discussion on the appointment of a new City Attorney. Mayor Persons stated that it was pretty much unanimous that if Commissioner Jensen resigns his position as Commissioner and tenders his application for City Attorney that the City Com- mission will accept it. Commissioner Jensen asserted that he would be more than happy to submit his resignation to accept the appointment as City Attorney if the Commission so desired. Motion: The City Commission accept Commissioner Jensen's Gulliford x x Johansen x x unqualified resignation. Van Ness x Persons x Correctdd 8/23/82 to reflect "Yes" and "No" of the "Voted" Column MINUTES V V PAGE 12 Names of JULY 12, 1982 Commrs. M S Y N -, 4 Miscellaneous Business - Continued Motion: The City appoint Alan Jensen as the new City Attorney Gulliford x x at a annual salary of $6,000.00 with the understanding Johansen x x that this amount is for general representation, and Van Ness x any other litigation or extensive prdjects or undertakings Persons x will be at a fee of $60.00 per hour. Mayor Persons then informed the new City Attorney that he had some research projects for him: 1. A request for Mr. Jensen to meet with Mr. Stratford regarding the formation of the Ordinance on the alcoholic beverage license. 2. To check on making the City Commission the P 0 Board from the Board of Adjustments. Commissioner Gulliford reminded the Commission that they had moved the Alcoholic Beverage Ordinance to the last item on the agenda earlier in the meeting, until a City Attorney was appointed. He added that there was unfinished discussion on the floor pertaining to this Ordinance. The Chair recognized Mr. Deal who stated he was running out of time and that the lack of beer sales was killing his business. He also stated he felt like he was not applying for a new license, but only for a transfer of an existing license. Mayor Persons asked the new City Attorney if he knew of any emergency remedy in this type of situation. Mr. Jensen stated if they passed an emergency ordinance that night there would have to be a Public Hearing on it. He also stated that Mr. Deal was very much aware that they would have a problem with the beer and wine sales when they moved. Also, that the city has a very valid ordinance, and that under this ordinance the City cannot allow you to change your location and take your license with you if you do not meet the requirements to sell beer. Mr. Jensen asserted that he was meeting with Mr. Stratford and would report back at the next Commission Meeting with a proposed amendment to the ordinance code. However, at the present time he could not offer any relief at all. ******************************************************************** There being no further business, the Mayor . -clar -- ng adjourned. (SEAL) 1.111110✓ A EST: ! ..er B. P- son , Jr. JOJc Mayor - Commissioner Pat Whitney City Clerk