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05-23-83 v MINUTES OF THE BEACH CLEAN-UP COMMITTEE MEETING HELD AT THE CITY HALL, CITY OF ATLANTIC BEACH, ON MAY 23, 1983 AT 7:00 P.M. PRESENT: William I. Gulliford, Jr. , Chairman John W. Morris, Jr. Robert B. Persons, Jr. Carl Stucki Catherine G. Van Ness AND: A. William Moss, City Manager Chairman Gulliford called the meeting to order at 7:00 p.m. for the purpose of discussing the various methods of enforcing the litter and parking Ordi- nances of the City of Atlantic Beach. A general discussion was held on suggestions offered by committee members. They all agreed that better warning signs should be posted and larger trash receptacles be provided on the beach. It was unanimously agreed that some type of patrol was needed for the beach. There were suggestions to have the life guards notify police of violations; the possibility of using CETA employees, and to have a uniformed policeman to patrol. The decision was made to use a policeman dressed in shorts and beach patrol T-shirt carrying a walkie-talkie and armed to patrol the beach and street ends. The possibility of purchasing an earth cruiser for the patrolman was also discussed. The serious problems of parking on Beach Avenue and Ocean Blvd. were discussed. The decision was made to post "No Parking 9:00 A.M. to 5:00 P.M." signs on the west side of Beach Avenue. Intersections shall be posted where cars will be towed. It was unanimously agreed that parking fines should be raised from $3.00 and $5.00 to $15.00. The City Manager was instructed to investigate the possibility of leasing some property for the City to use as a parking lot. The meeting was adjourned at 7:45 p.m. (1UHIL4Mallil William I. Gulliford, Jr. Chairman ATTEST: Adelaide R. Tucker City Clerk AGENDA CITY OF ATLANTIC BEACH, FLORIDA May 23, 1983 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of May 9, 1983 2. Recognition of Visitors 3. Correspondence A. Notice of Public Hearing from City of Jacksonville Zoning Office B. From Ronald D. Steinmann re Ice Cream Vending Route - Atlantic Beach C. From Mayors Kleiber, Wiggins, Perreault and Rhodes re State Annexation/Consolidation Policy D. From Mental Health Resource Center re Community Trust Fund Grant 4. Advisory Planning Board 5. City Manager's Report A. Item #1 - Evaluation of Paving, Drainage, and Roadway Geometry in Selva Marina Units 10, 11 and 12 B. Item #2 - Proposed Amendment to the Land Development Code - Planned Unit Development 6. New Business 7. Unfinished Business A. Request by John and Lillian Piombo to Rezone Lots 6 & 7, Blocks 44-47 and Lots 106, Blocks 60-63, Atlantic Beach, Section "H" - Public Hearing B. Request by Mr. & Mrs. John Woleslagle to Rezone Lots 664 and 665, Saltair Section 3, Atlantic Beach - Public Hearing 8. Report of Committees A. Coumiittee of the Whole Meeting - May 18, 1983 re Zoning 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 65-83-8 - An Ordinance Vacating that Portion of Carnation Street Lying Between Levy Road and West 14th Street - Third & Final Reading - Public Hearing B. Ordinance No. 80-83-23 - An Ordinance Regulating the City of Atlantic Beach Wastewater System - Second Reading C. Ordinance No. 90-83-80 - An Ordinance of the City Commission of the City of Atlantic Beach, Amending Ordinance No. 90-82-74, The Same Being the Land Development Code, by Amending the Text of the Land Develop- ment Code 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V COMMISSION HELD AT THE CITY HALL ON MAY 23, 1983 AT 8:00 P.M. 0 0 T T PRESENT: Robert B. Persons, Mayor-Commissioner E E Robert B. Cook, Sr. D D William I. Gulliford, Jr. John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S O E AND: A. William Moss, City Manager T C Alan C. Jensen, City Attorney I O Y Adelaide R. Tucker, City Clerk NAME OF ONEN 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 May 9, 1983 Cook x Motion: The minutes of the regular Commission meeting of May 9, 1983 Gulliford x x be approved as submitted. Morris x x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Recognition of Visitors Mayor Persons recognized Mr. Alan Salfer, 366 Royal Palms Drive, who spoke briefly to the Commission regarding the recent Administrative proceedings involving a policeman. Correspondence A. Notice of Public Hearing from City of Jacksonville Zoning Office Mayor Persons acknowledged receipt of a notice of Public Hearing from the City of Jacksonville Zoning Office for a rezoning request from RMOI to CG Location is on the west side of Mayport Road between Church Road on the south and Assisi Lane on the north (3. 386 acres) . B. From Ronald D. Steinmann re Ice Cream Vending Route-Atlantic Beach Mayor Persons read a letter from Ronald D. Steinmann requesting an amend- ment to the City's Ordinance to allow an ice cream peddler's license in Atlantic Beach. Discussion followed. Cook x x Motion: Allow Rainbow Popsicles to operate temporarily under their Gulliford x x County license until the city's Ordinance can be amended. Morris x Van Ness x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. From Mayors Kleiber,Wiggins, Perreault and Rhodes re State Annexation/ Consolidation Policy Mayor Persons read a letter with attached Resolution from Mayors Kleiber, Wiggins, Perreault and Rhodes regarding a proposed amendment of the PAGE TWO V V MINUTES Names of MAY 23, 1983 Commrs. M S Y N - Correspondence - continued - C. Florida Statutes regarding State Annexation/Consolidation Policy. After discussing the matter a decision was made to adopt a similar Resolution. Mayor Persons presented and read in full proposed Resolu- tion 83-5, a Resolution in opposition to the Amendment of the Florida Statutes or the enactment of any Special Act relative to merger of municipalities. Cook x x Motion: Passage of said Resolution. Copy of Resolution 83-5 is Gulliford x x attached hereto and made a part hereof. Morris x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x D. From Mental Health Resource Center re Community Trust Fund Grant Mayor Persons read a letter from Kathleen E. Wall, Executive Director for the Mental Health Resource Center requesting support by Atlantic Beach to be named delegate Agency for the Community Trust Fund State grant. Motion: Adopt a Resolution naming the Mental Health Resource Van Ness x center as Atlantic Beach's delegate agency for the Community Trust Fund state grant. The motion died for lack of a second. Mr. Leonard Carr spoke on behalf of the Mental Health Resource Center, and discussion followed. Cook x x Motion: Table the proposed Resolution until the next meeting. Gulliford x x Morris x The motion carried with four ayes and one nay. Van Ness X Commissioner Van Ness voted no Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. The City Manager reported that a letter was received from the Depart- ment of Environmental Regulations on hazardous waste facility proposed for Mayport. Cook x x Motion: Instruct the City Manager to make inquiry with the Gulliford x thought of applying for a hearing if it appears Morris x x necessary. Van Ness x The motion carried unanimously Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. Correspondence was received from the Florida League of Cities in regard to loss of revenue proposed in a new Legislative bill-CSSB920. Cook x Motion: Instruct the City Manager to draft correspondence for Gulliford x x the Mayor's signature objecting to the proposed bill. Morris x x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Advisory Planning Board No report was presented. PAGE THREE V V MINUTES Names of MAY 23, 1983 Commrs. M S Y N 1 City Manager's Report A. Item #1-Evaluation of Paving, Drainage, and Roadway Geometry in Selva Marina Units 10, 11, and 12. Discussion was held on the report submitted by England & Thims, Inc. Commissioner Gulliford suggested a meeting be held of the Committee of the Whole and notify all the residents in the area that are affect- ed. The meeting date was set for June 6, 1983 at 7:00 p.m. B. Item #2 -Proposed Amendment to the Land Development Code-Planned Unit Development The City Manager presented background information on this item and asked the Commission for direction. Cook x Motion: Amend the existing Ordinance to adopt the necessary Gulliford x x changes as presented from the recommendations of the Morris x x Committee. Van Ness x The motion carried unanimously. The proposed amended Ordinance Persons x will be presented for first reading at the next meeting. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * New Business - none presented Unfinished Business A. Request by John and Lillian Piombo to rezone Lots 6 & 7, Blocks 44-47 and Lots 106, Blks 60-63, Atlantic Beach, Section H Mr. Louis MacDonell, representing the owners, was present and request- ed the application be withdrawn at this time. B. Request by Mr. & Mrs. John Woleslagle to rezone Lots 664 and 665 Saltair Section 3, Atlantic Beach - Public Hearing Mayor Persons declared the floor open for a Public Hearing which had been duly advertised as required by Charter, and invited comments from the floor. Commissioner Morris stated,for the benefit of the audience, that the Advisory Planning Board had recommended, with a unanimous vote, that the request be denied. Mr. Dan Martin, 197 Pine St. came forward and stated that he and his neighbors were opposed to the rezoning and wished the area to remain single family. Mr. Carl Fisher, 202 Pine St. also opposed the rezoning. Marshall Dutton, 176 Magnolia St. stated that he thought the issue was closed as of the last Commission meeting, and the Mayor told him the vote would be taken after the Public Hearing. As no one else spoke for or against, the Mayor declared the Public Hearing closed. For the record, Commiss_oner Morris listed the following residents that had attended the Advisory Planning Board meeting and were strongly opposed to the rezoning: Marshall Dutton, Jim & Jamie Byrd, Phil Robinson, Caroline Snyder, Dan Martin, Rita Ray, and Tom Pritchett. Commission discussion followed. PAGE FOUR MINUTES V V MAY 23, 1983 Names of Commr s. M S Y N Unfinished Business - continued B Cook x Motion: Deny the rezoning request. Gulliford x x Morris x x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons Report of Committees x A. Committee of the Whole Meeting - May 18, 1983 Rezoning Mayor Persons reported that the Committee of the Whole met on May 18, 1983 and recommended amendments to the Ordinance as follows: Page 2-17, Section II-B-107. Planning agency should be defined as the Advisory Agency. Page 3-1, Section III-B-1-b. Strike out the last sentence. Page 3-1, Section III-B-i-b and c. Insert the work Advisory in front of Planning Agency. Page 3-1, Section III-B-1-c. Insert the word disapprove. Page 3-8, Section III-C-2-c. Strike "which will meet the time limit required by the Planning Agency" and insert "provided that the request is received at least thirty (30) days prior to the meeting. Page 3-8, Section III-C-2-c. Require a Public Hearing to be held in conjunction with the consideration of the Advisory Planning Agency to comply with the State Statutes. Page 3-28, (g)-(3) . Add (j) and list apartment complexes. The determination of what type of apartment complexes would be made by the Advisory Planning Board and/or the City Commission. Cook x x Gulliford x x Motion: Adopt an Ordinance to amend the existing zoning code to Morris x reflect the changes recommended by the Committee of the Van Ness x Whole. Persons x The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances A. Ordinance No. 65-83-8 AN ORDINANCE VACATING THAT PORTION OF CARNA- TION STREET LYING BETWEEN LEVY ROAD AND WEST 14TH STREET, AND PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Persons, in full, in writing, and read on third and final reading. Said Ordinance was posted in line with charter requirements. After the reading, the Mayor declared the meeting open for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Commissioner Cook moved to pass on third and final reading, and the motion was seconded by Commissioner Van Ness. During the discussion before the vote, Commissioner Morris stated that he had voted against the Ordinance on the last reading Cook x x because of what the City is willing to sell for and the appraised value, Gulliford x and wished to go on record as opposing the vast difference in the sums. Morris X The Mayor explained that the City was merely undedicating land that had Van Ness x x m dedicated to the City. Persons x The motion carried with a four to one vote. Commissioner Morris voted no. PAGE FIVE V V MINUTES Names of MAY 23, 1983 Commrs. MS Y N � � F Action on Ordinances - continued B. Ordinance No. 80-83-23 AN ORDINANCE REGULATING THE CITY OF ATLANTIC BEACH WASTEWATER SYSTEM. Said Ordinance was presented by Mayor Persons, in full, in writing, and read on second reading, by title only. Cook x Motion: Said Ordinance be passed on second reading. Gulliford x x Morris x x Public Hearing was set for June 13, 1983. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x C. Ordinance No. 90-83-80 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE. Cook x x Said Ordinance was presented by Mayor Persons, in full, in writing, Gulliford x x and read on first reading by title only. Morris x Van Ness x Motion: Said Ordinance be passed on first reading, by title Persons x only. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business Commissioner Gulliford suggested parking fines be raised from $5.00 to $15.00 as provided by State Statutes. The Commission unanimously agreed. The City Attorney was instructed to draft an amendment to the existing Ordinance. A Citizen present at the meeting objected to the illegal parking of many citizens. The Chief stated that recently 12 cars were towed and 80 tickets were given. Discussion followed. There being no further business to come before the Commission, the motion was made by Commissioner Gulliford to adjourn, seconded by Commissioner Van Ness, and carried unanimously. Mayor Persons declared the meeting adjourned at 9: 15 p.m. (SEAL) 1 / Robert B. Persons, Jr. Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk RESOLUTION NO. 83-5 A RESOLUTION IN OPPOSITION TO THE AMENDMENT OF THE FLORIDA STATUTES OR THE ENACTMENT OF ANY SPECIAL ACT RELATIVE TO MERGER OF MUNICIPALITIES WHEREAS , Florida Statutes Section 165. 041(1982) currently provides that two or more municipalities may merge upon approval by a vote of the qualified voters in each area affected, and WHEREAS , the City Commission of the City of Atlantic Beach deems the foregoing provisions to be of utmost importance to the preservation of the rights of citizens of the various smaller munici- palities of this State and to the preservation of the very meaning of democracy itself , and WHEREAS , some persons have suggested an amendment of the fore- going provisions , or the enactment of a special act , to allow a merger of two or more municipalities through the device of a "winner-take- all" referendum, and WHEREAS , the City Commission of the City of Atlantic Beach is of the opinion that any such amendment of the foregoing provisions, or the enactment of any special act , would be detrimental to the citizens of those smaller municipalities , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH: Section 1. That the City Commission of the City of Atlantic Beach, Florida, hereby expresses its opposition to any amendment of the Florida Statutes or the enactment of any special act , which would allow two municipalities to merge by any method other than approval by a vote of the qualified voters in each area affected. Section 2 . That the City Commission of the City of Atlantic Beach, Florida, hereby urges the Duval County Legislative Delegation to oppose any amendment of the Florida Statutes or the enactment of any special act , which would allow two municipalities to merge by any method other than annrnval by a vote of the aualified voters in each area affected.