07-13-81 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
July 13, 1981
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of June 22, 1981
Approval of the Minutes of Special Called Meeting of June 26, 1981
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board - Commissioner Van Ness
5. City Manager's Report - Oral
6. New Business
A. Donald P. Taylor, President, Neptune Development Corporation,
re proposed plans for a subdivision location on property
presently owned by Catholic Church on Saturiba Drive
B. Hudson and Marshall, Inc. , re permit to auction Seaplace Condominiums.
C. Ronald D. Morrisseau re proposed construction of garage apartment
as secondary building at 1580 Beach Avenue
D. Tom N. Humphress, Jr. , Agent and Contractor for William S. Baisden,
re request to construct detached carport at 364 - 7th Street
7. Unfinished Business
A. George Bull re PUD application for remaining development of
Selva Marina - Public Hearing
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 81-8 - New bank signatures
10. Action on Ordinances
A. Ordinance regulating water use in Atlantic Beach
B. Ordinance No. 60-81-4 - Amending the City's ordinance regulating
signs - Third and Final Reading - Public Hearing
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V
COMMISSION HELD AT THE CITY HALL ON JULY 13, 1981 AT 8:00 P.M. 0 O
PRESENT: William S. Hewell, Mayor-Commissioner T T
Alan C. Jensen E E
James E. Mhoon D D
L. W. Minton, Jr.
Catherine G. Van Ness, Commissioners M S
AND: Carl Stucki, Acting City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation, offeree
by Commissioner Minton, was followed by the pledge to the flag.
Approval of the Minutes of June 22, 1981
Jensen x x
Mhoon x
Motion: The Minutes of the regular Commission meeting of June 22,1981 Minton x x
be approved as submitted.
VanNess x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Approval of the Minutes of the Special Called Meeting of June 26, 1981 Jensen x x
Motion: The Minutes of the Special Called Meeting of June 26, 1981 Mhoon x x
Minton x
be approved as submitted.
VanNess x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Advisory Planning Board
Commissioner Van Ness reported that the Board had met on July 8,1981,
and the next meeting was scheduled for Tuesday, July 21, 1981. Discussior.s
for both meetings are to bring the zoning Ordinances up to meet the
Comprehensive Plan that has been adopted by the City. Commissioner Van
Ness invited all interested parties to attend the meeting.
City Manager's Report
The Acting City Manager requested approval to pay an invoice from
Gabriel, Roeder, Smith & Company, Actuaries for the retirement program,
in the amount of $1,325.00.
Jensen x x
Motion: Approve payment of $1,325.00 to Gabriel, Roeder, Smith & Mhoon x x
Company. Minton x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Chief Stucki advised receipt of a letter from the Fla. League of Cities
asking if the City would like to place an ad in the October special
convention issue of Florida Municipal Record. Commissioners Van Ness
and Mhoon commented that our Mayor is President and the City should have
an ad.
MINUTES V V
PAGE TWO Names of
July 13, 1981 Comar s. M S Y N
- ....
City Manager's Report - continued
Jensen x
Motion: Authorize the Acting City Manager to purchase an ad in Mhoon x x
the special convention issue of Florida Municipal Record. Minton x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
New Business
A. Donald P. Taylor, President, Neptune Development Corp re proposed
plans for a subdivision location on property presently owned by
Catholic Church on Saturiba Drive
The Chair recognized Mr. Donald Taylor who advised the Commission
that Neptune Development Corporation had entered into a contractual
agreement with the Catholic Church to purchase property on Saturiba
Drive that surrounds Mr. Bull's properties. He presented proposed plot
plans to the Commission, and added they propose single family dwell-
ings in line with the Comprehensive Plan, and definitely in keeping
with the surrounding territory of Mr. Bull's Selva Marina Units.
Mr. Taylor requested this project be placed under Planned Unit Develop-
ment with single family dwellings at 4.3 per acre. They will have
80' frontage and approximately 120' to 130' depth.
Jensen x x
Motion: Planned Unit Development application submitted by Mr. Mhoon x x
Donald Taylor, President of Neptune Development Corp. Minton x
be sent to the Advisory Planning Board. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. Hudson and Marshall, Inc. , re permit to auction Seaplace Condominiims
Mayor Howell read a letter from Hudson and Marshall, Inc. , Macon,Ga.
requesting a permit be issued to them to authorize the auction
liquidation of Seaplace Condominiums. The firm has fully complied
with all existing and valid state laws concerning real estate sales
and auctions. Mayor Howell explained that the city's occupational
license ordinance lists only the classification of Auction House.
Jensen x x
Motion: Authorize the City Clerk to issue an occupational license. Mhoon x x
as an Auction House to Hudson and Marshall, Inc. covering the Minton x
auction liquidation of Seaplace Condominiums. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
C. Ronald D. Morrisseau re proposed construction of garage apartment
as secondary building at 1580 Beach Avenue
Mayor Howell asked Mr. Morrisseau if his lot ran through from street
to street, and he answered no. Mr. Ball, city attorney, was asked
for an opinion and he stated there are no provisions under the
zoning code to allow this request. Commissioner Van Ness added that
Mr. Morrisseau had come before the Advisory Planning Board and they
also had only the one objection - the lot did not run through from
street to street. The request was denied.
PAGE THREE V V
MINUTES Names of
JULY 13, 1981 Con rs. M S Y N
New Business- continued
D. Tom N. Humphress, Jr. ,Agent and Contractor for William S. Baisden,
re request to construct detached carport at 364 7th Street
Mr. Humphress stated that Mr. Baisden was permanently paralyzed and
confined to a wheel-chair. Mr. Humphress, representing Mr. Baisden,
requested permission to violate the city building restrictions and
set-back requirements in order to construct a detached carport and
wheelchair ramp to gain access to his home. He read a report from
the Rehabilitation Center that recommended a ramp be constructed to
the side entrance. There would be no overhang of the property, and
should be approximately 15" from the property line. A discussion
followed concerning objections of a roof over the carport. Commissioner
Minton made the following motion:
Jensen x
Motion: Refer the request to construct a detached carport andMhoon
Jensen
x
wheelchair ramp at 364 7th Street to the Board of Minton x x
Adjustment for their consideration. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Unfinished Business
A. George Bull re PUD application for remaining development of Selva
Marina - Public Hearing
Mayor Howell recognized Mr. George Bull, Sr. to present his proposed
plan for the remaining development of Selva Marina. He explained
that 20th Street will be paved from Seminole Road to Selva Marina
Drive and go off from there with cul-de-sacs. Mr. Bull presented
a detailed description of all utility lines proposed in his over-all
plan. He stated that he would prefer not to dedicate the streets,
and added that he would develop one section at a time, as he has done
in the past, and each section will be brought before the Commission
for final approval. The Mayor opened the floor for a public hearing,
and invited comments from the floor. A citizen from Sea Oats Drive
expressed the opinion that he and his neighbors could find no problem
with Mr. Bull's proposal. As no one else spoke for or against, the
Mayor declared the Public Hearing closed. The Mayor then asked for
guidance as to whether or not the streets would be dedicated.
Commissioner Van Ness strongly opposed the streets not being dedicated
due to emergency vehicles difficulty in winding through the streets.
Mayor Howell asked for a clarification of the real problem-"is the
problem whether the streets are dedicated or not,or is the problem
the street design?" Mr. Bull responded by saying the problem is if
the streets are dedicated they will have to be designed to suit Mr.
Parks, the City Engineer. Mayor Howell corrected Mr. Bull by saying
the streets will have to be designed to receive the approval of the
City Commission. A lengthy discussion followed. Mr. Donald Taylor
requested permission to comment that the natural concept was one of
the reasons that Neptune Development Corporation wanted to buy the
Catholic Church property. The following motion was made:
PAGE FOUR V V
MINUTES Names of
JULY 13, 1981 Commrs. M S Y N
r r
Unfinished Business - George Bull, Sr.- continued
Jensen x x
Motion: The general concept as shown on the map presented by Mhoon x x
Mr. George Bull, Sr. be approved. Minton x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Resolutions
A. Resolution No. 81-8 - New Bank Signatures
Mayor Howell presented and read in full Resolution 81-8, a Resolution
authorizing Georgette M. Quigley. Treasurer-Comptroller,or A. William
Moss, City Manager, or William S. Howell, Mayor to sign on behalf of
the city at any and all banks.
Jensen x
Motion: Passage of said Resolution. Copy of Resolution 81-8 is Mhoon x
attached hereto and made a part hereof. Minton x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Ordinances
A. Ordinance regulating water use in Atlantic Beach
Mayor Howell announced that he had requested and just received a copy
of an Ordinance regulating water usage from Dania, Florida and he
turned the matter over to the attorney and city manager for preparation
to be presented at the next meeting. He advised the audience that
the city is currently under a mandate to reduce the city's water use
by 15percent. The Mayor stated the city intends to enforce a pro-
hibition against the watering of lawns between the hours of 9 a.m.
and 6 p.m. , and suggested that residents do their necessary watering
for a short period in the early evening. Commissioner Van Ness asked
if residents using heat pumps could have some identifing sticker
placed on the house. Mayor Howell said yes.
* * * * * * * * * * * * * * * * * * * *
B. Ordinance No. 60-81-4 - Amending the City's Ordinances regulating
signs- Third and Final Reading - Public Hearing
ORDINANCE NO. 60-81-4 - AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER THIRTY, ENTITLED SIGNS AND ADVERTISING STRUCTURES;
BY ADDING THERETO, AS EXEMPT, PUBLIC SERVICE BENCHES, AND THE
REGULATION THEREOF; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read on third
and final reading by Mayor Howell. Said Ordinance was posted in line
with charter requirements. After the reading, the Mayor opened the
meeting for a public hearing. As no one spoke for or against, the
Mayor declared the public hearing closed
Jensen x
Motion: Said Ordinance No. 60-81-4 be passed on third and final Mhoon x
reading. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Van Ness x x
Howell x
PAGE FIVE V V
MINUTES Names of
JULY 13, 1981 Commr s. M S Y N
- -- -
Action on Ordinances - continued
The Chair recognized Mr. Lumb, Assist. Vice President of Metropolitan
Systems, Inc. Mr. Lumb explained that a proposal covering the benches
had been presented to the City Attorney for his review with the hopes
the proposal could be executed as soon as the Ordinance passed. The
City Attorney stated that he had some reservations on the contract,
such as the length of the contract, and the powers and abilities of
the City to remove a bench that may be objected to by immediate
neighbors. Mr. Ball suggested a committee be appointed to study the
proposal. Discussion followed and the following motion was made:
Motion: Put the bench proposal betwcen the City of Atlantic Jensen x x
Beach, Metropolitan Systems, Inc. , and Jacksonville Mb.00n x
Jaycees, Inc. to a Committee. Minton x x
Van Ness x
Mayor Howell appointed Commissioners Minton, Van Ness, and Mr. Howell x
Mr. Ball, the City Attorney, to serve on the Committee and to
report back at the next meeting.
* * * * * * * * * * * * * * * -* * * * * * * * * * * * * * * * *
Miscellaneous Business
Mayor Howell recognized Mr. Tom Smith, 475 Beach Avenue, who as a
concerned citizen read a letter representing a large group of
residents that are concerned with the deterioration of the quality
of the beach. Mr. Smith stated that a combination of beach litter
and dog excrement was creating a potential health hazard to residents.
Commissioner Minton asked specifically what the health hazard was.
Mr. Smith stated that ring worms and vaginal infections could be
contacted from bacteria contained in fecal matter that is now all
over the beach. As representative of the group, Mr. Smith asked
the Commission for their help and direction so that an effective dog
law can be enacted. Commissioner Minton stated he would walk the
beach on Saturday. Mayor Howell addressed the new City Manager, Mr.
A. William Moss, who was in the audience to investigate the matter
and prepare a report for the next meeting.
* * * * * * * * * * * * * * * * *
Commissioner Van Ness reported that a number of residents had
questioned the construction of the mini-warehouses on Atlantic
Boulevard, and for the record she said that the warehouses were
approved as a separate entity on September 10, 1979. Therefore, they
were approved by the City Commission, but not passed along with the
other unit at 1089 Atlantic Blvd. in February, 1980.
* * * * * * * * * * * * * * * * * *
Commissioner Mhoon very regretfully submitted his resignation to be
effective August 1, 1981. He expressed his enjoyment of serving on
the Commission and stated the only reason for his resignation is that
he is moving out of the City. Mayor Howell asked for a motion.
PAGE SIX V V
MINUTES Names of
JULY 13, 1981 Coma's. MS Y N
,
Miscellaneous Business - continued
Jensen x
Motion: Accept the resignation of Commissioner James E. Mhoon, Mhoon x
to be effective August 1, 1981, due to the fact that he Minton x x
is moving out of the City. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell advised the Commission that according to the Charter,
the Commission has 15 days from the effective date of Commissioner
Mhoon's resignation to appoint a Commissioner to serve until the
next election in October, 1981. Any candidate seeking Commissioner
Mhoon's vacant seat in October would serve the unexpired length of
his term, which is two years.
* * * * * * * * * * * * * * * * * * * *
There being no further business, the Mayor declared the meeting
adjourned.
(SEAL) ‘if4/ . 1 4
Wil v''am S. Howell
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk