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.
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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