05-24-82 v AGENDA
SCITY OF ATLANTIC BEACH, FLORIDA
May 24, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of May 10, 1982
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board
A. Meeting of May 6, 1982 re Proposed Zoning Ordinance
5. City Manager's Report
A. Item #1 - Schedule for the Review and Adoption of the Proposed
Zoning Ordinance
B. Item #2 - Request from Mr. Willie Davis - Davis Woodworks - To
Construct Addition to an Existing Building on Lot 5,
Block 10, Donner Subdivision
C. Item #3 - Request by Mr. Scott Miller to Construct a Self-
411 Service Car Wash in an Industrial District
6. New Business
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
A. Resolution 82-10 - Thanking the City Clerk Selection Committee for
its Valuable Time and Service
B. Resolution 82-11 - Appointing Patricia Whitney the City Clerk
10. Action on Ordinances
A. Ordinance No. 90-82-72 - Amending Chapter 28 Entitled "Zoning" of the
Code of the City of Atlantic Beach, Florida,
by Adding Thereto
11. Miscellaneous Business
11111 12. ADJOURN
AB 1337
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD AT THE CITY HALL ON MAY 24, 1982
V V
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner 0 0
William I. Gulliford, Jr. T T
Alan Jensen E E
Preben Johansen D D
Catherine G. Van Ness, Commissioners
AND: A. William Moss, City Manager M S
Adelaide R. Tucker, City Clerk O E
T C
ABSENT: Oliver C. Ball, City Attorney 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 May 10, 1982 Gulliford X
Jensen X
Motion: The minutes of the regular Commission Meeting of Johansen x
May 10, 1982 be approved as submitted. Van Ness x
Persons x
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Recognition of Visitors
Mayor Persons introduced Pat Whitney, the new City Clerk, who will
be replacing Adelaide Tucker upon her retirement in several weeks.
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Advisory Planning Board
The City Manager reported that the next meeting on the proposed
zoning ordinance will be held on May 25, 1982 at 7:00 p.m. and
the public is cordially invited.
The Advisory Planning Board will also discuss a PUD application
on Selva Marina Gardens II.
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City Manager's Report
A. Item #1 - Schedule For the Review and Adoption of the Proposed
Zoning Ordinance
The Advisory Planning Board will be prepared to present their final
report of the proposed land use to the City Commission on June 14,
1982. Unless directed otherwise, the City Manager will take action
to present the report in the form of a proposed zoning ordinance
for the first reading on that date. In order that the public may
be allowed maximum opportunity to offer comments, the City Manager
AB 1338
MINUTES
PAGE 2 V V
MAY 24, 1982 Names of
Commr s. M S Y N
City Manager's Report - continued - A.
respectfully recommended the City Commission hold three public
hearings for the proposed zoning ordinance to be scheduled on
June 14th, June 28th, and July 12th. The Commission agreed to
the recommended schedule.
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B. Item #2 - Request from Mr. Willie Davis - Davis Woodworks -
To Construct Addition to an Existing Building on
Lot 5, Block 10, Donner Subdivision
Mr. Willie Davis submitted a request to construct an addition to
his business located on Lot 5, Block 10, Donner Subdivision. The
property is zoned Business "B". Mr. Davis intends to construct an
addition to be used as a beauty shop. The City Commission is
required to approve construction of buildings located in a
commercial area. Mr. Moss requested authorization to issue a
building permit upon final review and approval of the building plans.
Motion: To approve the request from Mr. Davis to construct an Gulliford X
addition to his business located on Lot 5, Block 10, Donner Jensen X
Subdivision to be used as a beauty shop, subject to the Johansen X
final review and approval of the building plans by the Van Ness X
City Manager. Persons X
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C. Item #3 - Request by Mr. Scott Miller to Construct A Self-
Service Car Wash in an Industrial District
Mr. Miller submitted a request asking the City Commission whether
they would provide an indication as to whether they would allow a
self-service car wash on Mayport Road, which is zoned an industrial
district, prior to his buying the land in question. Mr. Miller
has not submitted detailed plans and specifications for the car wash.
Mr. Moss expressed the opinion that a self-service car wash is not a
use which would be considered in an industrial district. However,
there are existing businesses in the district which may not be
construed to be manufacturing enterprises.
Mayor Persons expressed concern that the water being pumped into the
city sewer system may overload the system in the area.
Mr. Moss also mentioned concern regarding water run-off into the
street.
Mayor Persons and Commissioner Johansen stated they were not
opposed to the car wash. However, Commissioner Johansen asserted
the approval should be subject to recommendation by the City
Engineer and City Manager.
Commissioner Jensen stated that it has previously been Commission
policy to allow a "lesser use" in an industrial district. It was
the general consensus of the Commission that the car wash could
be allowed in the industrial district. Mr. Moss advised that the
final plans would be presented to the City Commission for their
review and action at a later date.
No motion was made.
AB 1339
V V
MINUTES Names of
PAGE 3 Commr s. MS YN
MAY 24, 1982
The City Manager reported that he had received a letter from Mike
Ash, owner of the Comic Book Club property, requesting an extension
of 60 days rather than the original 30 day notice to level the
building on the property. Mr. Ash did state that he would secure
the building and remove the outside debris within two weeks of the
City Manager's receipt of his letter.
Commissioner Gulliford objected stating the building was not only
an eyesore but was structurally unsafe. Discussion followed.
Commissioner Gulliford moved the following:
Motion: Extend original notice from 30 to 60 days, however, after Gulliford x
45 days send Mr. Ash a 15 day notice informing him that Jensen x
if the building is not leveled within the 60 day period, Johansen x
the City will proceed with the proper steps to demolish Van Ness x
the building.
The Motion carried with four voting aye - Mayor Persons abstained
from voting due to a conflict of interest relating to his law firm.
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New Business
Commissioner Gulliford stated he had a proposal and would like to
offer a Resolution suggesting new boundries for the Jacksonville
City Council Beaches District to be delivered to the Jacksonville
City Redistricting Committee which is holding a public hearing
Tuesday evening, May 25, 1982. Commissioner Gulliford proposed
that the District One boundries would be the St. John's River
on the North, the Intracoastal Waterway on the West, the Atlantic
Ocean on the East and the Duval County line on the South which
is an ideal configuration for District One, the beaches.
Commissioner Gulliford mentioned that the total population according
to the census track for that district is 40,128. The ideal optimum
size for a district is 40,784 which puts District One within 500
people of being perfect, closer than any other proposed district.
Discussion followed.
Commissioner Gulliford then presented and read in full his proposed
Resolution 82-12, a Resolution of the City Commission of the City
of Atlantic Beach urging the City of Jacksonville to include the
Beach Cities, Seminole Beach, and Mayport in a new Jacksonville
City Council District.
Motion: Passage of said Resolution. Copy of Resolution No. 82-12 Gulliford x
is attached hereto and made a part hereof.
Jensen x
Johansen x
The Resolution was passed with a unanimous vote. Van Ness x
Persons x
AB 1340
MINUTES V V
PAGE 4 Names of
MAY 24, 1982 Commrs. M S Y N
It
Action on Resolutions
A. Resolution No. 82-10 - Thanking the City Clerk Selection Com-
mittee for its Time and Service
Mayor Persons presented and read in full proposed Resolution
No. 82-10, a Resolution of the City Commission of the City of
Atlantic Beach, Florida, thanking the City Clerk Selection Com-
mittee for its valuable time and service.
Motion: Passage of said Resolution. Copy of Resolution No. 82-10 Gulliford x
is attached hereto and made a part hereof. Jensen x
Johansen x
The Resolution was passed with a unanimous vote. Van Ness x
Persons x
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B. Resolution No. 82-11 - Appointing Patricia Whitney the City Clerk
Mayor Persons presented and read in full proposed Resolution
No. 82-11, a Resolution of the City Commission of the City of
Atlantic Beach, Florida, appointing Patricia Whitney the City Clerk.
Motion: Passage of said Resolution. Copy of Resolution No. 82-11 Gulliford x
is attached hereto and made a part hereof. Jensen x
Johansen x
The Resolution was passed with a unanimous vote. Van Ness x
Persons x
Commissioner Johansen proposed a Resolution be written up thanking
Mrs. Tucker for her services.
Mr. Moss informed Commissioner Johansen that Mrs. Tucker would be
a City employee for several weeks to come.
Mayor Persons suggested that the Commission not propose the
Resolution for Mrs. Tucker at this time - he wants to be assured
she' ll be around awhile
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Action on Ordinances
ORDINANCE NO. 90-82-72 - AN ORDINANCE AMENDING CHAPTER 28 ENTITLED
"ZONING" OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
BY ADDING THERETO
Mayor Persons questioned whether the Ordinance should be amended
to prohibit the outside display of new as well as used items.
Commissioner Gulliford objected to the restriction of displaying
new items and offered a motion to accept the Ordinance as proposed.
AB 1341
MINUTES
PAGE 5 V V
MAY 24, 1982 Names of
Commrs. MS YN
-
Action on Ordinances - continued
The Chair recognized Mr. Joe Fergentile, 1985 Mayport Road.
Mr. Fergentile objected to the Ordinance claiming he had a petition
signed by surrounding neighbors stating that they had no objection
to the outside display of his used furniture and appliances.
Mr. Moss informed Mr. Fergentile that he has received a number of
complaints and that the community as a whole is offended. Mr. Moss
also made it understood that the Commission is attempting to improve
the Mayport Road area and that they cannot discriminate.
Mayor Persons informed Mr. Fergentile that this was only the first
reading of the Ordinance and that he would have a chance to voice
his objection when it was read at the public hearing.
Commissioner Jensen advised that the Commission should be careful
as to how the Ordinance applies to garage sales all over town;
whether it is favoring one group of people over another. Commissioner
Jensen suggested the Commission might want to consider if outside
display is outlawed that it's banded city wide; if not, the Com-
mission should set some limitations or restrictions on it as a
possible alternative, such as particular zoned areas.
Said Ordinance was presented in full, in writing, and read on first Gulliford x
reading, by title only, by Mayor Persons. Johansen x
Jensen x
Motion: Said Ordinance be passed on first reading, by title only. Van Ness x
Persons x
******k:c*****:eic4c*:cue****4c*ic*4c*ieic9c****ic*:c4e4cic********4cicic********4c:c4cx4***
The City Manager requested that the Mayor enter into the record that
the Committee As a Whole met on May 17, 1982 to interview applicants
for the position of City Clerk, and that the Committee did recommend
to the full Commission the appointment of Pat Whitney as City Clerk.
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Miscellaneous Business
Mayor Persons reported on a seminar he and Commissioner Jensen
attended in San Diego, California on Chapter 1983 - Litigation.
The Mayor informed the Commission that he found the seminar not
only to be very good but extremely educational. The subject is
one of very great concern to the Commission at this point, i.e. ,
suits being filed against the city, against the individual
Commissioners and against officers of the city for what are claimed
to be violations of civil rights created by the constitution or
by other laws of the federal system.
The Mayor mentioned that he and Commissioner Jensen received some
very good ideas as to how to minimize the risk of any further
AB 1342
MINUTES V V
PAGE 6 Names of
MAY 24, 1982 Commrs. MS Y N
Miscellaneous Business - continued
suits like the civil rights suit that we now have going on which
has been going on for the past 3 years, where we discovered
earlier this year that we had spent over $33,000.00 just in our
attorney's fees. That case is just starting and according to the
law, we could end up not only paying our attorney's fees but
paying the plaintiff's attorney and damages to them. The Mayor
said he felt he and Commissioner Jensen got a lot of benefit out
of the seminar and feel they can provide some guidance to the city
which might help prevent further law suits like we are in now. The
Mayor stated that if we avoid just one suit like we are in now, the
seminar was worth many times the expense of attending it.
The Mayor thanked Commissioner Jensen for taking time out from his
busy schedule to attend the seminar, especially since he is also
an attorney and he could easily understand what was discussed at
the seminar. The Mayor expressed his regrets that all five Com-
missioners plus Mr. Moss and Ms. Whitney could not attend because
they are the people that are going to be under the gun with this
1983 Litigation. According to the Federal Judge, approximately
20% of his court time is taken up with 1983 Litigation and he
expects that figure to expand dramatically because as he put it,
"this is the wave of the future."
The Mayor mentioned he had dictated a lengthy memorandum pertaining
to the seminar that will be available to the Commission, plus he
has 30 pages of notes and a text book which sets forth the problems
on the leading cases. He also stated all of the above mentioned
information he will be glad to make available to the Commission.
Commissioner Jensen suggested since the City Commission did not
have any formal guidelines for travel for City Commissioners that
the Commission should look into establishing guidelines.
Commissioner Gulliford then made the following motion:
Motion: The Commission take the amount budgeted for Commission Gulliford x
travel, one-sixth of that total be allocated to four Jensen x
Commissioners, and one-third be allocated to the Mayor. Johansen x
Van Ness x
The Motion was passed with a unanimous vote. Persons x
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AB 1343
MINUTES V V
PAGE 7 Names of
MAY 24, 1982 Commrs. MS Y N
f-
Miscellaneous Business - continued
Commissioner Gulliford recommended a copy and request for
action on the Redistricting Resolution be sent to Jacksonville
Beach, Neptune Beach, the Chamber and the North Beaches Association,
The Commission agreed.
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned.
Robert B. PAsens, Jr.
Mayor-Commissioner
(SEAL)
ATTEST: _
� 1
Pat Whitney
City Clerk
AB 1344
RESOLUTION 82-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, THANKING THE CITY
CLERK SELECTION COMMITTEE FOR ITS VALUABLE TIME
AND SERVICE
WHEREAS, the City Commission of the City of Atlantic Beach appointed
a Selection Committee to assist the City Commission in the search for a
City Clerk, and
WHEREAS, said Selection Committee rendered a valuable service to the
City of Atlantic Beach through its diligent efforts to recruit and recommend
employment of qualified applicants for the position of City Clerk, and
WHEREAS, the City Commission of the City of Atlantic Beach wishes to
recognize the benefits received through the tireless effort and dedication
of the Selection Committee,
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Atlantic Beach does hereby attest to the contributions of the members of the
Selection Committee, Paul Steckla, Dorothy Kerber, and William S. Howell, and
does hereby officially extend gratitude of the City of Atlantic Beach,
Florida.
Adopted unanimously by the City Commission of the City of Atlantic
Oil/ Beach the 24th day of May 1982.
ATTEST:
(SEAL) Adelaide R. Tucker, City Clerk
C
S
AB 1345
RESOLUTION 82-11
r
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPOINTING PATRICIA WHITNEY
THE CITY CLERK
WHEREAS, the City Commission of the City of Atlantic Beach appointed
a Selection Committee to assist the City Commission in the search for a
City Clerk, and
WHEREAS, the said Selection Committee recommended several applicants,
including Patricia Whitney, as qualified for the position of City Clerk,
and
WHEREAS, the City Commission of the City of Atlantic Beach interviewed
several well-qualified applicants for the position of City Clerk, including
Patricia Whitney, and
WHEREAS, Article 4, Section 31, of the City Charter states that the
City Commission shall appoint an officer of the City who shall have the title
of City Clerk,
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Atlantic Beach does hereby appoint PATRICIA WHITNEY to the position of CITY
CLERK effective May 25, 1982.
i
Adopted unanimously by the City Commission of the City of Atlantic
Beach the 24th day of May, 1982.
ATTEST:
(SEAL)
Adelaide R. Tucker, City Clerk
AB 1346
RESOLUTION 82-12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH URGING THE CITY OF
JACKSONVILLE TO INCLUDE THE BEACH CITIES,
SEMINOLE BEACH, AND MAYPORT IN A NEW JACK-
SONVILLE CITY COUNCIL DISTRICT
WHEREAS, the City Commission of the City of Atlantic Beach believes
it is in the best interest of the community to be included with the other
Beach municipalities, Seminole Beach and Mayport in a new Jacksonville City
Council District because of natural boundaries and common interests, and
WHEREAS, a plan has been submitted which offers a Beaches District
and suitable to our desires and goals,
BE IT RESOLVED that the City Commission of Atlantic Beach respectfully
requests the Council of the City of Jacksonville to provide a district with
the boundaries and population as presented in the proposal for District 1
submitted by the Republican Executive Committee of Duval County.
• Passed by the City Commission May 24, 1982
ATTEST:
(SEAL)
Adelaide R. Tucker, City Clerk
CERTIFICATION
I certify this to be a true and
correct copy of the record in
my office.
WITNESSETH my hand a official
seal of the City of1110
Florida, this the (9,. ; day of
A?,k_ VA: J-„ City Clerk
AB 1347