08-12-85 v AGENDA
CITY OF ATLANTIC BEACH
August 12, 1985
Call to Order
Invocation and Pledge to Flag
1 . Approval of the Minutes of the Regular Meeting of July 22, 1985
2. Recognition of Visitors
3. Action by the City Commission to approve the position of Director
of Operations for Public Works for the remainder of the fiscal
year ending September 30, 1985.
4. Discussion by the City Commission on the negotiation process for
the selection of an engineering firm under the Consultants'
Competitive Negotiation Act to develop a master plan for Section H.
5. Action by the City Commission to declare certain items surplus to
the City's needs and call for a public auction to be held at the
Public Works yard at 10:00 AM on Saturday, August 31, 1985.
6. Action on Ordinances
A. Public hearing and final reading of an ordinance providing
for the rezoning of the Mayport Road corridor including
small portions of Atlantic Boulevard lying east and west
of the corridor to bring the area into better compliance
with the City comprehensive plan.
7. Miscellaneous Business
ADJOURNMENT
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON AUGUST 12, 1985 AT 7:15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
AND: Richard C. Fellows, City Manager M S
E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk
I O Y
ABSENT: Catherine G. Van Ness, Commissioner NAME OF ONEN
COMMRS. NDSO
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
Approval of the Minutes of the Regular Meeting of July 22, 1985
Motion: The minutes of the regular Commission Meeting of July 22, Cook x x
1985 be approved as presented. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors - None
Action by the City Commission to approve the position of Director of
Operations for Public Works for the remainder of the fiscal year ending
September 30, 1985
Motion: Approve the position of Director of Operations for Public Cook x
Works. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Discussion by the City Commission on the negotiation process for the
selection of an engineering firm under the Consultants' Competitive
Negotiation Act to develop a master plan for Section H.
The City Manager reported he had advertised in accordance with the
Statutes and had received indications of interest from five (5) Engi-
neering firms, Bessent, Hammack & Ruckman, Smith & Gillespie, Gee &
Jenson, England, Thims & Miller, and Connelly & Wicker. He asked for
guidance on the Commission's desires re a selection and negotiation
process.
Motion: Instruct the City Manager and the Director of Operations Cook x
to narrow the list to three and report back to the Commis- Gulliford x x
sion those three names best qualified. The Commission will Morris x x
then request the three final Engineering firms to make a Howell x
short presentation after which the City Couunission will
prioritize in 1, 2, 3 order.
During discussion before the vote, the City Manager assured the Com-
mission they would develop a set of criteria,i.e. experience, location,
city's previous experiences with the firm, etc. and would be according
to Statutes.The question was called and the motion carried unanimously,
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PAGE TWO V V
MINUTES NAME OF
AUGUST 12, 1985 COMMRS. MSYN
ACTION BY THE CITY COMMISSION TO DECLARE CERTAIN ITEMS SURPLUS TO THE
CITY'S NEEDS AND CALL FOR A PUBLIC AUCTION TO BE HELD AT THE PUBLIC
WORKS YARD AT 10:00 A.M. ON SATURDAY, AUGUST 31, 1985.
Motion: Authorize public auction of surplus items. Cook x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* 4c * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Ordinances - No. 90-85-93- Public Hearing-Second Reading
AN ORDINANCE AMENDING CHAPTER 24 OF THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING THE ZONING ATLAS OF
PROPERTIES ALONG MAYPORT ROAD FROM ATLANTIC BOULEVARD TO THE NORTH CITY
LIMITS TO PROVIDE A MORE SUITABLE LAND USE CONSISTENT WITH THE CITY OF
ATLANTIC BEACH COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing and read on second
and final reading by Mayor Howell. Said Ordinance was posted in line
with Charter requirements. The Mayor then opened the floor for a Public
Hearing.
Mr. Fred Lewis objected to the Ordinance. He requested Commission con-
sideration for his property located at the corner of Donner Road and
Mayport Road to be zoned Commercial Intensive. When the property was
purchased the zoning was Business B, and in July, 1982 the zoning was
changed to Commercial Limited. Some of the business establishments in
his Shopping Center were then considered "grandfathered in" as to usage.
The current zoning is Commercial Limited and proposed zoning to remain
Commercial Limited.
Mr. Fred Mills, owner of business properties located in the 1800 block
of Mayport Road between Edgar and Robert Streets,now zoned Commercial
Intensive, also objected to the proposed Ordinance. He stated he had
attended the last meeting and understood the Commercial Intensive zoning
on his property would not be changed, and also commented he had not beea
notified of the proposed change to Commercial General. He expressed the
opinion since his property abutted Industrial zoning he felt his pro-
perty should remain Commercial Intensive. Commissioner Morris said
at the last Public Hearing The Advisory Planning Board had recommended
the zoning classification of Commercial Intensive be abolished. Parts of
Commercial Intensive would be listed under Commercial General and the
others would be listed under Commercial Limited, all as a "Use by Except-
ion". Commissioner Morris commented that Mr. Mills's businesses were al-
ready established and "Grandfathered in", but under the proposed zoning,
if he wanted to expand, Mr. Mills would have to come in and request a
"Use by Exception". There would be no guarantee the request would be
granted. Mr. Mills told the Commission he had worked for twenty-five
years, the property was paid for, and he had hoped that would be his
retirement. Since they had voted to change the zoning twice in the past
few years, he wondered if they would also vote to change it again in the
next few years.
PAGE THREE v v
MINUTES NAME OF
August 12, 1985 COMMRS. M S Y N
Public Hearing - continued
Mr. Harry Gross, Bud's Auto Sales & Service, located at the corner of
West 10th and Mayport Rd objected to the proposed Ordinance. He said he
purchase the property and built present office in 1980 for the purpose
of operating an automotive sales and service operation. At that time the
zoning was Business B, and the zoning was changed to Commercial General
in 1982. He also said the property was his only means of retirement and
under the proposed zoning he would still be "grandfathered in" which de-
finitely created a hardship for him.
Mr. John Roberts, owner of property at the corner of Orchid and West 7th,
complained about a business, Johnny's Garage (grandfathered in) on West
7th St, the condition of which inhibited the esthetic value of his pro-
perty which is currently zoned Residential G (two family dwellings allowed) .
Mr. Roberts said he had reported the problem to the Commission at a meet-
ing in January but nothing had been done. The Mayor instructed the City
Manager to get with Mr. Royal, the Code Enforcement Officer and report
back to the Commission no later than the next meeting on any corrective
measures that should be taken.
Mrs. Ruth Bratcher, owner of a Marine Diesel Shop located at the corner
of West 7th and Mayport Road and presently zoned CG, said she and her
husband had been operating their business at that location for 28 years ,
In 1982 when the zoning was changed to CG from BB they were "grandfather-
ed in". She complained that under the present Ordinance she could not
expand the building in order to store parts. The Mayor said the new
proposed Ordinance also would not allow expansion for "grandfathered in'
business locations.
Commissioner Morris reminded the Commission that the Advisory Planning
Board had suggested the Commercial Intensive zoning be abolished. They
took certain items out of CI and placed them in CG and CL, but none of
those recommendations were indicated in the proposed Ordinance presentei
to the Commission. The City Attorney advised if the Commission planned
to change the usage permitted in Commercial General another Ordinance
would have to be prepared and another Public Hearing held.
As no one else spoke for or against, the Mayor declared the Public Hear-
ing closed. The City Manager read from the minutes of the Advisory Plan-
ning Board Meeting re the recommendations of the CI usage to be placed
in Commercial General and Commercial Limited as "Uses by Exception".
It was pointed out if that proposal was presently in effect, Mr. Gross
would be in the position of having a business "grandfathered in" but
could be allowed to expand by exception. Commissioner Morris noted that
citizens left that meeting feeling secure as they felt they were being
granted what they had asked for.
Motion: Defer action on the rezoning of Mayport Road until an Cook x
Ordinance has been prepared and introduced changing the Gulliford x
usages which the Advisory Planning Board has recommended
and a Public Hearing is scheduled after first reading.
PAGE FOUR V V
MINUTES NAME OF
AUGUST 12, 1985 COMMRS. MSYN
Public Hearing - continued
During discussion before the vote, Commissioner Cook suggested the new
Ordinance expand the zoning classifications, and also suggested the two
Public Hearings be held at the same time. (Continued Public Hearing on
the rezoning of Mayport Road and the Public Hearing on the classifica-
tion Ordinance) .
Amended Motion: Defer action on the rezoning of Mayport Road until Cook x x
a new Ordinance has been prepared on re-classifications for Gulliford x x
usage of the land and passed on first reading. Public Hearings Morris x
and second and final readings on both Ordinances will be held Howell x
simultaneously.
* * * * * * * * * * * * * * * * * * * * * *
Draft copies of the proposed Ordinance on classifications will be fur-
nished the Commission at the next meeting. The Mayor noted it would
probably be the first or second meeting in October before the Public
Hearings would be held.
Miscellaneous
The City Manager said prior to the time the city acquired the Buccaneer
District, the Buccaneer Service Company undertook certain improvements
to the property, part of which was included in the proposed building of
the new 400,000 gallon sewage treatment tank. That work should be paid
out of impact fees the city has received for future use. He requested
authority to pay a bill in the amount of $9,543.00 from Jack Meadows
for that work. The funding will come out of Buccaneer's impact fees.
Motion: Authorize the City Manager to pay Jack Meadows the amount Cook x x
of $9,543.00 for work performed in connection with the new Gulliford x x
400,000 gallon sewage treatment tank. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
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At the request of Mr. Robert Yerkes, Mayor Howell suggested the Commis-
sion consider voicing an opinion of the City Commission on the toll
charges for J. Turner Bridge crossing. JTA will hold another meeting on
August 19, 1985 for further discussion on toll charges and the City Com-
mission's opinion could be submitted at that time.
Motion: The City Commission take the position of support to equal- Cook x
izing the tolls throughout the city, in particular lowering Gulliford x
the tolls on J.Turner Butler to be comparable or equal to
those tolls throughout the city on other bridges.
During discussion before the vote, it was clearly understood the pro-
posed tolls for the Dames Point Bridge would have no bearing on the
above mentioned tolls.
Commissioner Morris moved for the following amended motion:
PAGE FIVE V V
MINUTES NAME OF
AUGUST 12, 1985 COMMRS. M S Y N
Miscellaneous - continued
Amended Motion:Take the position of support to equalizing the Cook x x
tolls throughout the city, in particular lowering the Gulliford x
tolls on J. Turner Butler to be comparable or equal to Morris x x
those tolls throughout the city on other bridges. To Howell x
further state that until a better alternative to the
plague of toll-taking can be found, i.e. gasoline tax.
No discussion before the vote. Motion carried unanimously. Mayor
Howell stated he would be in Tampa on the day of the meeting and
he asked Commissioner Cook to deliver the city's report.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 8:45 p.m.
Mayor 4residing Officer
(SEAL)
ATTEST:
aeL.elciA-
Adelaide R. Tucker
City Clerk