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08-09-82 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA August 9, 1982 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of July 26, 1982 Approval of the Minutes of Special Called Meeting of July 28, 1982 2. Recognition of Visitors 3. Correspondence A. From Philip M. Johnson, U. S. Department of Housing and Urban Development re CDBG Program Compliance Monitoring 4. Advisory Planning Board A. Request by Chuck Hardman Builders for a PUD on Lot 683, Saitair Sec. 3 5. City Manager's Report A. Item #1 - Design Standards for PUD - 20th Street from Seminole Road to Selva Marina Drive B. Item #2 - Selection of a Certified Public Accountant for FY 1981-82 Audit C. Item #3 - Award of Contract for Water Main Extension on Ahern Street D. Item #4 - Proposed Agreement with the Beaches Area Chamber of Commerce 6. New Business 7. Unfinished Business A. Acceptance of Official Plan of Planned Unit Development - Selva Marina Garden II B. Further Consideration - Award of Contract for New Public Works Building 8. Report of Committees 9. Action on Resolutions A. Resolution No. 82-15 - Atlantic Beach Vegetation and Crossover Project 10. Action on Ordinances A. Ordinance No. 90-82-73 - Amending Chapter 3 of the Code of Ordinances of the City of Atlantic Beach by Adding Thereto Section 3-6(c) Concerning Exceptions to the Distance Limitations - Public Hearing B. Ordinance No. 70-82-10 - Levying a Ten Percent Tax on Purchase of Telephone Service - First Reading C. Ordinance No. 80-82-22 - Amending Chapter 19 of the Code of Ordinances, the Same Being Establishing Sewer Service and Connection Charges - First Reading D. Ordinance No. 90-82-75 - Deleting Chapter 23 of the City Code of Ordinances, the Same Being the Ordinance Establishing the Procedures and Standards for the Development of Real Estate 11. Miscellaneous Business 12. ADJOURN 13. Committee of the Whole - Work Session - Proposed 1982-83 Budget MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON AUGUST 9, 1982, 8:00 PM V V PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner 0 0 William I. Gulliford, Jr. T T Preben Johansen E E John W. Morris, Jr. D D Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager M S Alan C. Jensen, City Attorney 0 E Pat Whitney, City Clerk T C I 0 Y NAME OF O N E N COMMIS. 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 July 26, 1982 Gulliford Johansen x Motion: The minutes of the regular Commission meeting of July 26, 1982Morris x be approved as submitted. Van Ness Persons Mayor Persons questioned the method by which the votes were tallied in the voting column of the minutes, pointing out that there is shown a "Motion" and a "Second" and then in the "Yes" column, he assumed that the person making the "Motion" and the person making the "Second" were con- cluded as "Yes" 's. Commissioner Van Ness added that in one instance the minutes indicated two motions made by two marks made in the "Motion" column. Commissioner Gulliford expounded on the Mayor's concern that every time there is a motion made and a second, they are so designated, but not designated as "Yes" or "No" votes. Mayor Persons continued that there should be a "Motion" and a "Second" and then "Yes" and "No" designated, confirming a "Yes" or "No" vote. Mayor Persons stated he felt the minutes should be accepted with the proviso that the votes would be reflected as "Yes" or "No" in addition to "Motion" and "Second". Commissioner Johansen amended his motion in agreement with the concerns expressed. Amended Motion: The minutes of the regular Commission meeting of Gulliford x July 26, 1982, be approved as submitted with the Johansen x x proviso that the "Yes" and "No" of the "Voted" Morris x x column accurately reflect the voting of the Van Ness x Commissioners. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approval of the Minutes of the Special Called Meeting of July 28, 1982 Commissioner Van Ness indicated that the agenda item referred to as "Approval of the Minutes of Special Called Meeting of July 28, 1982" had Gulliford x been inaccurately recorded as "Minutes of the Committee of the Whole". Johansen x x Mayor Persons directed that the title of the minutes be corrected to Morris x x :ead accurately as a Special Called Meeting. Van Ness x Motion: After correction to reflect "Special Called Meeting", the Persons minutes of the Special Called Meeting of July 28, 1982 be approved as submitted. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page Two V V Minutes Names of August 9, 1982 Commrs. MS Y N Recognition of Visitors The Chair recognized Mr. Robert Skeels who addressed the Commission, stating that he was an attorney representing Mr. George Bull, Mary Bull, and Sevilla Development Corporation. Mr. Skeels pointed out to the Commission a court reporter present for the purpose of taking down and transcribing the proceedings of this meeting, requesting that the Commission speak slowly to assure that the reporter could take down who was saying what. Mayor Persons responded that he had been advised earlier in the day to expect the court reporter and had invited her to seat herself anywhere that was comfortable. Mr. George Bull asked to be recognized for the purpose of introducing the court reporter, Gail Featheringill. He asked to be allowed to speak further regarding the "development code", expressing his need for a copy of that document which is purported now to be the law, explaining that he did not know what changes were incorporated. Mayor Persons advised Mr. Bull that the City Manager would provide him a copy. Mr. Bull brought up another item which he claimed had not been resolved by the City Manager, i.e. , that back in the late 60's and 70's, sewer system had been built to serve the first and second units of Selva Marina. Because it was not a City function as such, Mr. Bull continued, an agreement was worked out with the City and those who would be served ultimately by the system so they could connect to the system for a charge, a tap fee, of $500. As time went on, according to Mr. Bull, all but one person made the connection to that system. The one person who did not make the connection, advised Mr. Bull, was Mr. Henry Bitzler, who is now deceased. Mr. Bull offered the following series of events: Several months ago when he was traveling on 12th Street, making the turn to connect with 11th, he noticed cuts in the pavement and presumed that now Mr. Bitzler's house has been connected to the sewer system and, therefore, made an inquiry to the City; as it turned out, back in 1974 or 1975, Mr. Bitzler did make an arrangement with the City to make the $500 paymen : in installments which he did, and which, according to Mr. Bull, the City has recorded; that $500 was to be paid over to Mr. Bull or his companies in accordance with a long-standing agreement; the City' s records were researched by the City's former City Clerk, Mrs. Tucker, who found no record of it being paid; Mr. Bull knows he hasn't been paid; he nevertheless asked his auditor to search all records back to those dates, and nothing was found; Mr. Bull, therefore, billed the City for the $500 due him; Mr. Moss has not recognized the bill; Mr. Bull requested consideration from the City Commission in the sum of $500, not including, at this point in time, interest for not paying the money when it was due him. Mayor Persons thanked Mr. Bull for his comments, and invited any other visitors to be recognized. Mr. Alan Potter introduced himself as being a resident of Atlantic Beach, and a consulting engineer. He stated that on August 5, by Certified Mail, he addressed a letter to the City to the attention of Mr. Moss concerning "grandfathering in" standards concerning projects underway as of July 26. He asked the Commission if Agenda Item 5A. addressed that issue. Mayor Persons answered that he felt that that Page Three V V Minutes Names of August 9, 1982 Commrs. M S Y N item would cover the question now being raised by Mr. Potter, and suggested that he might be heard at that time. Mr. Potter asked to be heard on another matter, that of a telephone communication the previous Wednesday with Mr. Moss, discussing the state ordinance that purportedly has been done away with as the subdivision standards Mr. Potter stated he had been advised by Mr. Moss that the old ordinance was so vague that anything could be required by the City under it, and inquired of the City Commission if what he has been told is true. Mayor Persons' response to Mr. Potter was a statement that that was the subject of an on-going lawsuit and would probably be improper for the Commission to discuss that with him at this time. Mayor Persons' asked for confirmation of his opinion from the City Attorney, Mr. Jensen, who agreed that it would, indeed, be improper. Mr. Potter insisted on comments from the Commission regarding the "vagueness" of the ordinance, and was advised by Mayor Persons that a Commission meeting was not for the purpose of providing discovery in an on-going lawsuit, that there were other procedures for that. There being no other visitors, upon invitation, to be recognized, the Chair called the next item on the agenda. Correspondence A. From Philip M. Johnson, U. S. Department of Housing and Urban Development re CDBG Program Compliance Monitoring Mr. Moss stated that the letter from Mr. Johnson was presented as an item of information to the Commission regarding the City's Community Development Block Grant Program; that the City had had a compliance monitoring from both the Jacksonville area office and a representative from Washington, D.C. Mr. Moss reminded the Couuuission that the Housing Rehabilitation Program was the type of program that was under scrutiny by the federal government; that there were problems in many communities; and, while they don't come right out and say many great things, we interpret this to be a very good report. Mr. Moss thanked Mr. Larry Stokely for his good work. The Mayor added his thanks to Mr. Stokely. Mr. Moss added that this is the second visit since the program began. Advisory Planning Board A. Request by Chuck Hardman Builders for a PUD on Lot 683, Saltair Section 3. Commissioner Van Ness reported that the Advisory Planning Board had Gulliford x x recommended the application for approval. Johansen x Morris x x Motion: Approve the application as a tentative plan and set a Van Ness x public hearing. Persons x The public hearing was set for September 13, 1982. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page Four V V Minutes Names of August 9, 1982 Commr s. M S Y N City Manager' s Report A. Item #1 - Design Standards for PUD - 20th Street from Seminole Road to Selva Marina Drive The City Manager stated that the City Commission had been provided several pieces of information, i.e. , a report from the Advisory Planning Board dated May 25, 1981, regarding an application for the Planned Unit Development; the reference of a public hearing that was scheduled and held on July 13, 1981, together with a copy of the minutes of that public hearing for the information of the City Commission, regarding the fact that the general concept as shown on the map presented by Mr. George Bull, Sr. , to be approved and was adopted on that date. The City Manager made reference to several portions of the ordinance regarding PUD's, and requested general direction by the City Commission as to what it would like the administration to do regarding development standards for future developments. Commissioner Johansen asked that the matter be referred to the City Attorney, stating that it could be a part of a pending lawsuit. Mr. Jensen stated that a lawsuit had been filed, and suggested to the Commission that anything involving a lawsuit would be improper to discuss at the meeting, as it is a matter of on-going litigation that has been brought about against the City. Mayor Persons inquired of the City Attorney if it would be appropriate to table the item until the litigation is resolved. Mr. Jensen replied that he didn't see that the City had choice; that the City had been put in this position of not having any choice. Motion: Table the item until questions involving the Gulliford x x lawsuit have been resolved. Johansen x Morris x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x B. Item #2 - Selection of a Certified Public Accountant for FY 1981-82 Audit Mr. Moss stated that in accordance with Chapter 11.45 of the Florida Statutes which outlines the audit requirements for local governments, specifically the selection of an independent Certified Public Account- ant to audit the City's accounts and records, the City Commission was being asked to make a selection or take some action at this time to proceed with the selection in order that the auditor may come in and do some preliminary work before the close of the fiscal year, and then at the close of the fiscal year. Commissioner Gulliford inquired of Mr. Moss as to the acceptability of Mr. Tyson's audits. Mr. Moss replied that he preferred not to comment because it was an audit of the administration, and Administration would be pleased to work with any auditor. Mayor Persons offered that it might be a good idea to take proposals from several firms to see what the City could get for the money. Mr. Moss stated that the statutes appear to require Page Five V V Minutes Names of August 9, 1982 Commrs. MS Y N counties to follow certain procedures of advertising the fact that they are interested in seeking the services of a Certified Public Accountant, and the City would receive a letter of qualifications by auditing firms and auditors. The City would then review the qualifications and select and negotiate with the applicants until a satisfactory arrangement could be arrived at. Commissioner Johansen inquired if the City had any problems with audit which the City now has. Commissioner Van Ness replied that there was no problem, only that, due to the size of the contract, it should be offered out for proposals. Mayor Persons advised that during a conversation with Mrs. Tucker, the former City Clerk before Ms. Whitney, it was Mrs. Tucker's opinion that the firm of Tyson & Swindell had done a fine job. He felt, however, that the City is spending a lot of money on professional services. Commissioner Johansen inquired as to the amount in the budget now. Mr. Moss replied the past amount was $10,500, and we are budgeting less than that this year in anticipation of the audit expenses being less because the City is doing its own accounting now. The City is budgeting $7,500 now. Commissioner Johansen felt $10,000 was not a large amount to pay for an auditor. The Commission agreed. Commissioner Gulliford suggested that the City receive at least three proposals from auditors to be presented to the City Commission for review. Gulliford x x Johansen x Motion: Four proposals be submitted to accounting firms Morris x in the area, advertise in the normal manner, and Van Ness x x select a firm from those responding. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Item #3 - Award of Contract for Water Main Extension on Ahern Street Mr. Moss reported that the City had been systematically inspecting and repairing the fire hydrants throughout the City. There is one hydrant causing problems which is located on Ahern Street by Beach Avenue, the problem being that we have a 4" water line, and that hydrant should be served by a 6" water line. In order to do that, the City must tap into an 8" line on the west side of Ocean Boulevard and extend it eastward. While it is something that could be done in-house, it could cause more problems than we have, and the City Manager recommended that the City contract out. The City has called for bids based on specifications prepared by the City Engineer. A low bid was submitted by A. J. Johns in the amount of $6,890, $40 Gulliford x x lower than the second low bid. The City Manager recommended an Johansen x x award the low bidder. Morris x Van Ness x Motion: Award to the low bidder, A. J. Johns, in the amount Persons x of $6,890. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page Six V V Minutes Names of August 9, 1982 Commrs. MS Y N - . D. Item #4 - Proposed Agreement with the Beaches Area Chamber of Commerce Mr. Moss referenced a letter from the Executive Director of the Beaches Chamber of Commerce asking that the City of Atlantic Beach enter into an agreement with the Chamber of Commerce in the sum of $3,000 per year. In return, the Chamber of Commerce will provide certain services to the City, including general advertising and publicity, research and development, the distributing of information, and showing various advantages of Atlantic Beach, and other services. The Commission was provided a draft copy of an agreement similar to the one entered into by the City of Jacksonville Beach. Commissioner Johansen asked how long the City had not been a member of the Chamber. Mr. Moss replied he was not positive, that he had been told just the past year; that when the budget was prepared last year, he did not find any record of payment to the Chamber of Commerce, so it was not carried forward in the budget. He understood the City may have paid Gulliford x x in advance the prior year. There were several exchanges of opinions Johansen x x and discussion among the Commission, after which the following motion Morris x was made: Van Ness Persons Motion: Table the matter for further consideration. x Commissioner Van Ness abstained from voting. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * New Business Commissioner Gulliford stated he still had some concerns about what the City has done regarding parking. He felt we still have a problem, even though an ordinance was passed. He stated he had been approached by a very irate citizen whose objections did have some validity. Further, that there are other parts of the City near his home that Commissioner Gulliford felt were still a problem, and, in view of budgetary considerations, he felt the matter should be discussed during budget workshops. Commissioner Gulliford cited an incident of a car, parked fully in the street near his home some days ago, which was not ticketed for a violation nor was it towed because the officer said it was not covered in our ordinance. Commissioner Gulliford felt that some explanation of the ordinance that was passed was in order and asked the City Manager and Police Chief to look into the matter. Unfinished Business A. Acceptance of Official Plan of Planned Unit Development - Selva Marina Garden II 4ayor Persons stated he had read the complaint in the pending lawsuit and referred the question to the City Attorney as to whether or not this was matter that could be properly discussed now, or whether or not it should also be tabled. Mr. Jensen suggested that, perhaps, Page Seven V V Minutes Names of August 9, 1982 Commrs. MS Y N Mr. Skeels could enlighten the Commission; that, in reading the complaint, it doesn't necessarily make clear whether Selva Marina Garden Unit II is included in the allegations of the complaint. Mr. Skeels advised that as far as the substance of the complaint, the complaint speaks for itself; that the position of himself and his clients is that business that regularly and routinely comes before the City Commission for its handling is to be handled according to its discretion without regard to whether a lawsuit has been filed or not. Mr. Skeels was requested by the Commission to explain his statement. Mr. Skeels answered by saying that the Commission had asked whether or not this happens to fall within the concepts of the lawsuit that was compiled or not, and advised that what falls within the concepts of a lawsuit is as far as your imagination, that that was a decision the Commission would have to make. Mr. Jensen advised that the Commission would not sit and guess as to what was in the lawsuit; that if Mr. Skeels did not know, then the Commission would not do anything. Mr. Jensen stated he had not had time to read it quite thoroughly, that there were no attachments to this copy of the complaint, and that he could not make a deter- mination whether Selva Marina Garden Unit II is involved in the law- suit or not, and since the plaintiffs are present with their attorney and refuse to tell the Commission whether Selva Marina Garden II is involved in the lawsuit, his suggestion was to table it. He further remarked that the City is, again, put in a position where it cannot respond to something that it doesn't know about. Gulliford x Johansen x Motion: Table the matter on advice of counsel until the Morris x question is resolved on whether or not this issue Van Ness x x is involved in a lawsuit Persons x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Further Consideration - Award of Contract for New Public Works Building Mr. Parks suggested that action on the award of this contract be carried over at the present time to a special meeting. Mr. Moss advised Mr. Argo, the apparent low bidder, that the City had spent some time considering his letter and their telephone conversations, and that the City was uncomforatable at this time, until it sees something in writing exactly what is being deleted regarding the fuel system. Mr. Moss did not favor a special meeting in view of several anticipated special called meetings, and asked if Mr. Argo would hold his bid firm through the period ending August 24 which would give the City a chance to meet with him and get in writing exactly what he was proposing to delete. Then, according to Mr. Moss , a recommendation could be taken to the Commission on August 23, and give Mr. Argo official notice on August 24. Mr. Argo stated he had Gulliford x x no problem with that arrangement. Johansen x Motion: Action be deferred until the meeting of August 23, Morris x x there being an agreement to hold the bid open Van Ness Persons x until August 24. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page Eight V V Minutes Names of August 9, 1982 Commrs. M S Y N Report of Committees Commissioner Gulliford reported that, although it had not been a committee meeting, there had been a meeting with DER on the sewer expansion and they have no problem with the interim expansion whatsoever; that the City may have a minor problem with the disposal of the additional output which has yet to be resolved, but the City is looking at several possible solutions. He added that the position of the DER and the EPA is that the City can, in fact, dump into the marshland or into the intracoastal waterway, with some qualifications. Commissioner Gulliford inquired of the Mayor if it would be possible to have another meeting of the Sewer Committee during the next week to briefly plan the City's course of action because of the require- ments of the agencies involved. Mr. Gulliford suggested, and it was agreed upon, that the Sewer Committee would meet on the 18th or 19th, based on everyone's availability, perhaps at 7:00 PM. Action on Resolutions A. Resolution No. 82-15 - Atlantic Beach Vegetation and Crossover Project Mayor Persons presented and read in full Resolution No. 82-15. Mr. Moss stated that at the last meeting of the City Commission, it reviewed a program whereby the City would apply for a grant in order to allow for funds for the planting of sea oats and sand fences and other erosion control devices along our beach; that the Commission at that time gave authority to apply for the grant and that this Gulliford x resolution was the first step in the process. Johansen , x x Morris x x Motion: Passage of said Resolution. Copy of Resolution No. Van Ness x 82-15 is attached hereto and made a part hereof. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances A. Emergency Ordinance No. 90-82-73 - AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH BY ADDING THERETO SECTION 3-6(c) CONCERNING EXCEPTIONS TO THE DISTANCE LIMITATIONS - 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, Mayor Persons declared the meeting open for a Public Hearing. Mr. George Bull, 1810 Sevilla Boulevard, objected to the passing of the Ordinance on two grounds: 1) the Ordinance constitutes a preferential treatment for a particular individual or establishment and does not warrant the consideration on that basis alone - there should be other considerations entering into it, and 2) it is, in effect, a matter of zoning because it affects the use and conduct of what can be done on a particular piece of real estate, and, as such, Mr. Bull added that „ Page Nine V V Minutes Names of August 9, 1982 Commrs. MS Y N the Ordinance should not be passed on an emergency hearing. The Mayor opined that although he did not agree with Mr. Bull, he thanked him for his comments. As no one else spoke for or against, the Mayor declared the Public Hearing closed. During the Commission dis- cussion, Commissioner Gulliford took exception to Mr. Bull's comments and stated for the record, to make everyone aware, that it was an assumption on Mr. Bull's part regarding preferential treatment, and Commissioner Gulliford expressed the personal opinion that he did not believe from the discussion of the meeting of July 28, 1982, that he attended, that it was also the feeling of the Commission that preferential treatment was not being given to any one individual. He added that he felt that the minutes of July 28, 1982, would so reflect his above stated comments. Mayor Persons agreed with Commissioner Gulliford's comments. There being no further discussion, Commissioner Gulliford moved the following: Gulliford x x Johansen x Motion: Emergency Ordinance No. 90-82-73 be passed on third and Morris x final reading. Van Ness x x Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 70-82-10 - LEVYING A TEN PERCENT TAX ON PURCHASE OF TELEPHONE SERVICE - First Reading Mayor Persons explained that the proposed Ordinance was discussed at the last meeting and voted unanimously to present the Ordinance at this meeting and stated that the monies would replace some of the ad valorem so the tax burden could be spread out more equitably. Said Ordinance was then presented in full, in writing, and read on Gulliford x x first reading by the Mayor. Johansen x Motion: Ordinance No. 70-82-10 be passed on first reading, by Morris x title only. Van Ness x x Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Ordinance No. 80-82-22 - AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, THE SAME BEING ESTABLISHING SEWER SERVICE AND CONNECTION CHARGES - First Reading Motion: Ordinance No. 80-82-22 be tabled. Gulliford Johansen x Morris Motion died for lack of a second. Van Ness Persons Motion: Ordinance No. 80-82-22 be read by title only. Gulliford x x Johansen X Morris x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x • Page Ten V V Minutes Names of August 9, 1982 Commrs. MS Y N Ordinance No. 80-82-22 was then presented in full, in writing, and read on first reading by the Mayor. Gulliford x x Johansen X Motion: Ordinance No. 80-82-22 be passed on first reading, by Morris X title only. Van Ness x x * �; * * * n ,. ,. „ n :� ,. ,. ,. ,. ,, n ;: * ,, n ,. * ., * * n Persons x D. Ordinance No. 90-82-75 - DELETING CHAPTER 23 OF THE CITY CODE OF ORDINANCES, THE SAME BEING THE ORDINANCE ETABLISHING THE PROCEDURES AND STANDARDS FOR THE DEVELOPMENT OF REAL ESTATE Said Ordinance was presented in full, in writing, and read on first Gulliford x x reading by the Mayor. Johansen x Motion: Ordinance No. 90-82-75 be passed on first reading, by Morris X title only. Van Ness x x Persons x * * * 'n YC n ): .. n n .. 'n .. n * X n .. * n 'n i. n n iC * * * * n There being no further business, the Mayor declared the meeting adjourned. 4111111 )/ (SEAL 'ob• rt' B. Persons, Jr. Mayor-Commissioner ATTEST: On August 9, 1982, prior to approval of the Minutes of July 28, 1982, Mayor Persons directed that the title of the minutes be corrected to read accurately as a Special Called Meeting of the City Commission of the City of Atlantic Beach MI-NU-TRS -OF-THE- COMMITTEE- OF -WHOLE -OF-THE- C- W -COM14-ISFION -OF- T-IE- G1TI' )F- V V ATLANTIC- BEACH- 0 0 ��gg T T JULY 4; 1982 E E D D PRESENT: Mayor Robert B. Persons, Jr. Commissioner Catherine Van Ness Commissioner Preben Johansen M S Commissioner Bill Gulliford 0 E Commissioner John Morris T C Alan Jensen, City Attorney I 0 Y Bill Moss, City Manager NAME OF ONEN Pat Whitney, City Clerk COMMRS. N D S 0 PURPOSE OF MEETING: Special Call Meeting to discuss and correct improper passage of Emergency Ordianance No. 90-82-73. The Chair recognized Mr. Lewis who objected to the 1500 feet ruling. He stated by not rescinding the limitation, the Commission was discriminating against the small bar owners. He also expressed the opinion that the Commission was making an exception for restaurants and grocery stores while excluding him from operating under a normal condition. He stated he would like to beg the Commission for some form of relief. Commission Johansen informed Mr. Lewis that he did not pass on the ordinance to accommodate a restaurant. He said he felt the City had some sort of moral obligation to accommodate the Jiffy Mart, and that is why the adjustment was made. Commissioner Gulliford mentioned that the Commission was not amending the ordinance just for the Jiffy Mart. The intent is to correct a weakness in the ordinance and that it does, in fact, need amending. Commissioner Gulliford stated the Commission was not discriminating against the small bar owners and assisting the grocery stores or or restaurants, but only fulfilling the Commissions' responsibility to the residents to maintain the residential nature of the community. He also informed Mr. Lewis that he felt there was a place in the community for bars; but, that they should be limited and that is why the 1500 foot limitation was set. The City Commission reviewed the proposed ordinance and discussed the various proper procedures for emergency passage. The fact that the Charter requires a public hearing and five days notice before final passage of an ordinance was discussed, and it was decided to set the public hearing for August 9, 1982. The public hearing will be advertised in the next available issue of the Times-Union to be in compliance, It was also decided to publish the notice in the next addition of the Beaches Leader for those residents that may not read it in the Times-Union. Ori August 9, 1982, prior to approval of the Minutes of July 28, 1982, Mayor Persons directed that the title of the minutes be corrected to read accurately as a Special Called Meeting. -IPNUTH -OF. PHE- COMMIPTEE- V V -OF THE- WHOLE- - PAGE 2 Names of JULY 26, 1982 Commrs. MS Y N 2 , Mayor Persons stated Section 23 of the Emergency Ordinance Provision allows the ordinance to be put in temporary effect for 20 days or until final passage. Therefore, Ordinance 90-82-73 is temporarily effective for a 20 day period. Commissioner Johansen then made the following motion: Motion: To pass Ordianance No. 92-82-73 on the first and Gulliford x second reading. Johansen x x Morris x Van, Ness x x Ordinance No. 90-82-73- Amending Chapter 3 of the Code of Persons x Ordinances of the City of Atlantic Beach by Adding thereto Section 3-6 (c) Concerning Exceptions to the Distance Limitations Said Ordinance was presented in full, in writing, and read on first reading on an emergency basis by the Mayor. Gulliford x x Motion: Said Ordinance 90-82-73 be passed on first reading Johansen x x on an emergency basis. Morris x Van Ness x Ordinance No. 90-82-73 - Amending Chapter 3 of the Code of Persons x Ordinance of the City Of Atlantic Beach by Adding thereto Section 3-6 (c) Concerning Exceptions to the Distance Limitations Said Ordiance was presented in full, in writing, and read on second reading, by title only on an emergency basis by the Mayor. Motion: Said Ordinance be passed on second reading, by title only Gulliford x x on an emergency basis. Johansen x x Morris x The Commission then discussed the bids received for the Public Van Ness x Works Building. A lengthy discussion ensued as to whether the City Persons x should rebid the contract or negotiate with the low bidder to get the bid down were it could be _.accepted. It was the general consensus of the Commission to have the Public Works Building Committee (Commissioners Gulliford and Johansen) meet with Argo & Assoc. to see if the Committee could negotiate the price down and then report back to the Commission. There being no further business, the meeting of the Committee of the Whole was adjourned.