06-14-82 v •
AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
June 14, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of May 24, 1982
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board
A. Meeting of May 25, 1982 re Proposed Zoning Ordinance
5. City Manager's Report
A. Item #1 - Request by Devtronics, Inc. , to Construct Building -
Section 17, Lot 4
B. Item #2 - Approval of the Plans for New Public Works Facilities
and Authorization to Call for Bids
C. Item #3 - Proposed Personnel Rules and Regulations
6. New Business
7. Unfinished Business
A. Planned Unit Development Application by Mr. George Bull -
Selva Marina Garden Two
8. Report of Committees
9. Action on Resolutions
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 - Second Reading
B. Ordinance No. 90-82-73 - An Ordinance Amending Section 3-3 of the
Ordinance Code of the City of Atlantic Beach,
the Same Being the Ordinance Regulating Alco-
holic Beverages and Locations Where Sales are
Permitted - First Reading
C. Ordinance No. 90-82-74 - An Ordinance Amending Chapter 28 of the Ordinance
Code of the City of Atlantic Beach, the Same
Being the Zoning Ordinance - First Reading -
Public Hearing
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL ON
JUNE 14, 1982 V V
O O
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner T T
William I. Gulliford, Jr. E E
Alan Jensen D D
preben Johansen
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager
0 E
Pat Whitney, City Clerk T C
I O 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 24, 1982 Gulliford x
Motion: The minutes of the regular Commission Meeting of Jensen x
May 24, 1982 be approved as submitted. Johansen x
Van Ness x
Persons x
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Recognition of Visitors
The Chair recognized Frank Sisari, Atlantic Garden Apartments,
who presented the Commission with a petition signed by the
residents of the complex complaining of an excessively loud
noise problem coming from the Atlantis Restaurant. Mr. Sisari
stated the noise was in the parking lot and caused by the
people who patronized the premises.
Mayor Persons asked Chief Stucki to have one of his patrolmen
check the restaurant around closing time and encourage the
patrons to be quieter. The Chief stated he had been having the
restaurant patroled.
Commissioner Gulliford suggested that the Commission ask the
City Manager to investigate some possible alternative.
The Chair recognized Don Martin, Jacksonville, who requested
the Commissioners' approval on granting him an entertainment
license to operate a parachute ride in front of the Turtle Inn.
Mr. Moss advised Mr. Martin that he had already talked with his
secretary and had been turned down. Mr. Martin objected
stating he had been informed by the City Clerk to appear at
the Commission Meeting. The City Clerk informed Mr. Martin
that he was instructed to address a letter to Mr. Moss requesting
to be placed on the agenda for the Commission Meeting.
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JUNE 14, 1982 Comms. MS Y N
Recognition of Visitors - Continued
Mayor Persons instructed Mr. Martin to submit a written request
to the City Manager asking to be placed on the agenda for the
next Commission Meeting.
The Chair recognized Richard O'Conner, Pine Street. Mr. O'Conner
wished to thank Mr. Moss and the Commission for the vast improve-
ment in the conditions on Sturdivant Ave. which were previously
complained about two months ago at a Commission Meeting.
Mayor Persons also recognized Mr. Balistreir, 477 Sailfish Dr. ,
who wished to inquire about the City Weed Ordinance. Mr.
Balistreir stated the weeds between his fence and the fence
belonging to the property owner behind him are 12 inches high,
and that other property owners in Sea Spray are have the same
problem.
Mayor Persons asserted that the Ordinance provides where weeds
are growing too high, the City will take equipment in and cut
them; however, the space between the fences is too small to get
equipment in to cut. A lengthy discussion ensued.
Mayor Persons suggested a nicer and friendlier approach would
be for Mr. Balistreir to get in touch with the owner of Lot 9
(lot located behind his property) and ask that the owner cut
the weeds first, rather than have the City go to the expense
when it may not be necessary.
Commissioner Gulliford mentioned that Mr. Balistrair should
have the other property owners with the same problem get with
their back fence neighbors and ask them to correct their weed
problem also.
Mayor Persons assured Mr. Balistrari that if the property owners
didn't correct the weed problem, the City would intervene at
that time.
The City Manager introduced John Widdows, the City's new
Building Inspector, to the City Commission.
Commissioner Gulliford mentioned he had heard great comments
about Mr. Widdows and was glad to have him aboard - the Commission
agreed.
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Advisory Planning Board
Mayor Persons reported the Advisory Planning Board Meeting was
held on May 25, 1982 regarding Proposed Zoning Ordinance and
left the floor open for discussion of minutes. Rezoning
is mentioned in the form of an Ordinance and discussed under
Item No. 10 on the agenda.
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JUNE 14, 1982 Commrs. M S Y
City Manager's Report
A. Item #1 - Request by Devtronics, Inc. , to Construct Building -
Section 17, Lot 4
Mr. Robert Douglas, President of Devtronics, Inc. , has requested
approval to construct a building on the east side of Main Street
and north of Levy Road for the purpose of light electronics
manufacturing and assembly. The area is zoned "Industrial
District."
Gulliford x
Motion: To allow the City Manager to issue a building permit Jensen x
to Devtronics, Inc, subject to final review and approval Johansen x
of detailed plans and engineering considerations. Van Ness x
****************************************************************** Persons x
B. Item #2 - Approval of the Plans for New Public Works
Facilities and Authorization to Call for Bids.
The City Manager reported on the proposed plans for the new
Public Works facilities. The amount of $165,000 has been
provided in the FY 1981-82 budget for this purpose. It was
understood during the budget preparation that this amount would
not be sufficient to fund the entire construction. It is the
intent to begin construction during this fiscal year and budget
the remaining necessary funds in FY 1982-83. The City's
engineer provided an estimate of $215,000 before the plans
were actually prepared.
The Proposed site is located directly north of the wastewater
treatment plant. Access to this area is along a private road
constructed by Mr. George Bull off of Plaza directly east of
Sailfish Drive, or from Donner Road.
Mayor Persons questioned whether the private road could be closed
off. Mr. Moss stated that it could be. The road was built as
part of the exchange of land for the present Public Works site
for the new Public Works site. The developer, George Bull,
agreed to construct a road to the facility; however, from what
the City has been able to determine, it is a private road.
Commissioner Johansen asked whether we could get the road dedicated
to the City.
Commissioner Van Ness asserted that supposedly there is a
perpetual easement to the City of Atlantic Beach on that private
road from Mr. Bull to the City.
Mr. Moss mentioned it was the agreement that the road would
be built for the private use of the City, but there has never
been a document to that effect.
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MINUTES V V I
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JUNE 14, 1982 Commrs. M S Y
,..
It was the general consensus of the Commission that such a
document be pursued but that it should not affect whether or Gulliford x
not the City should accept bids.
Jensen x
Motion: To authorize the City Manager to accept bids for the Johansen x
Van Ness x
Public Works Facility. Persons x
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C. Item #3 - Proposed Personnel Rules and Regulations
The City Manager reported on the proposed Personnel Rules and
Regulations to replace rules and regulations adopted on
December 5, 1960. Mr. Moss recommended the rules be revised to
make them more current with today's Personnel Policies and Practices
in government. Mr. Moss stated the policy was being presented
in a draft form for discussion and the Commissions' review; and,
that the City employees as well as the public had been provided
copies and their input was being solicited.
Mr. Moss mentioned that there are some substantial changes in the
rules that will have some financial impact upon the City and he
will be prepared to discuss those at a later meeting.
Mayor Persons expressed that he thought the Personnel Rules were
very well done.
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New Business
Mayor Persons appointed himself and Commissioner Gulliford as
a committee of two to study the steps to be taken in seeking
a City Attorney to replace the resigned Oliver Ball. Mayor
Persons stated that they would report something back to the
Commission at the next meeting.
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Unfinished Business
A. Planned Unit Development Application by Mr. George Bull -
Selva Marina Garden Two
Mr. Moss reported Mr. Bull has requested that the designation
of the development be a Planned Unit Development. It is a
patio home development north of the existing Selva Marina
Gardens. The development consists of 10 lots. Mr. Moss offered
supporting documents for the Commissions' review, hopefully,
which will clarify the proposal.
A lengtF discussion ensued over the need for a pathway for
pedestrian traffic to be constructed between the patio homes
and Seminole Rd. south to 19th St. . Mr. Bull does not feel it is
MINUTES V V I
PAGE 5 Names of
JUNE 14, 1982 Commr s. M S Y
-.6. - 4 I_
appropriate for the City to require him to provide a pathway.
It was the general consensus of the Commission that a pathway
is needed to assure adequate safety. Under the PUD process
is an allowance for deviation from standard zoning which would
allow certain criteria including walkways immediately adjacent
to or accessible to all units contained in such development.
The Commission agreed to defer action on this decision until
they have adequate time to look over the development. A public
hearing date was set for July 26, 1982.
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Action on Ordinances
A. Ordinance No. 90-82-72 - Second Reading
AN ORDINANCE AMENDING CHAPTER 28 ENTITLED "ZONING" OF THE CODE
OF THE CITY OF ATLANTIC BEACH, FLORIDA, BY ADDING THERETO
said ordinance was presented in full, in writing, and read on
second reading, by title only, by Mayor Persons.
Gulliford x
Motion: Said Ordinance No. 90-82-72 - An ordinance Amending Jensen x
Chapter 28 Entitled "Zoning" of the Code of the Johansen x
City of Atlantic Beach, Florida, by Adding thereto Van Ness x
be passed on second reading, by title only. Persons x
A public hearing and third reading was set for June 28th. t
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B. Ordinance No. 90-82-73
AN ORDINANCE AMENDING SECTION 3-3 OF THE ORDINANCE CODE OF THE
CITY OF ATLANTIC BEACH, THE SAME BEING THE ORDINANCE REGULATING
ALCOHOLIC BEVERAGES AND LOCATIONS WHERE SALES ARE PERMITTED -
said ordinance was presented in full, in writing, and read on
first reading, by title only, by Mayor Persons.
Mayor Persons stated Jiffy Mart moved their location from 100
Royal Palm Drive to 773 Atlantic Blvd. knowing they would have
a problem moving their existing off-premises beer and wine license.
It was mentioned that Jiffy Mart's reaction to this was that they
would rather sell gasoline than beer.
Mayor Persons also pointed out that the Jiffy Mart was closer
than 1500 feet from other locations where there exists a current
alcoholic beverage license and that Jiffy Mart had been grand-
fathered in when the current ordinance was established.
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MINUTES V V I
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JUNE 14, 1982 Commr s. M S Y
—
B. Ordinance No. 90-82-73 - Continued
Commissioner Gulliford expressed the opinion that the ordinance
would open up problems the way it is presently written since
Jiffy Mart has moved 100 feet and cannot take the license with
them. Commissioner Gulliford stated he did not believe Commission
should set an exception on the existing ordinance.
Commissioner Jensen asserted he would like to have a legal opinion
as to whether this is allowed under the existing ordinance, or
whether a new ordinance is in fact needed.
Commissioner Gulliford stated the ordinance is only being proposed
as a method to allow Jiffy Mart to move their license.
Commissioner Johansen suggested since legal counsel was not
present, the Commission should defer action on the ordinance Gulliford x
until such time as the Commission could obtain a legal opinion. Jensen x
Commissioner Johansen then moved the following: Johansen x
Van Ness x
Motion: To defer the ordinance indefinitely until City obtains Persons x
legal counsel.
Commissioner Johansen stated it was a good item and should be
placed on the agenda at a later date as unfinished business.
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C. Ordinance No. 90-82-74 - First Reading - Public Hearing
AN ORDINANCE AMENDING CHAPTER 28 OF THE ORDINANCE CODE OF THE
CITY OF ATLANTIC BEACH, THE SAME BEING THE ZOING ORDINANCE
Said Ordinance was presented in full, in writing, and read on
first reading by the Mayor. Said Ordinance was posted in line
with Charter requirements. The Mayor then declared the floor
open for a Public Hearing.
Commissioner Gulliford wished to state that there is not an
ironclad position on anything that is proposed. He also mentioned
the Commission is open-minded and wants to hear what the citizens
have to say as the Ordinance will have a profound impact on
everyone.
The Chair recognized Rev. Jordon. Rev. Jordon requested the
City to clean up the trash in front of his house that has been
deposited there by his next door neighbor over a period of time. Gulliford x
Jenson x
Commissioner Jensen moved the following: Johansen x
Van Ness x
Motion: To authorize the City Manager to clean up trash for Persons x
Rev. Jordon.
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JUNE 14, 1982 Names of
Commr s. M S Y ]
C. Ordinance No. 90-82-74 - Continued
Mr. Moss introduced to the public Mr. John Andresen, Chairman
of the Advisory Planning Board, and Mr. Marvin Hill of Marvin
Hill & Associates, the consultant who prepared the original
draft on the Rezoning Ordinance. Mr. Moss stated that Mr. Andresen
and Mr. Hill are prepared to respond to any questions the public
may have.
The Chair recognized Eloise Clayburn, 1042 Beach Ave. , who
questioned whether there is a height limitation in the new
Ordinance, and if so will it override the old Ordinance.
Mayor Persons asked why the Ordinance did away with the 35'
height limitation.
Mr. Andresen stated the Advisory Planning Board was to have
allowed height variations if they were offset by an additional
one-foot setback for every foot over 35.
Commissioner Gulliford strongly voiced the opinion that in Atlantic
Beach, it is to be no higher than 35 feet and "That's All."
Otherwise, a highrise would change the complexion of the beaches'
property. Commissioner Gulliford then moved the following: Gulliford x
Jensen x
Motion: Change the height restriction to read 35 feet period - Johansen x
no exception. Van Ness x
Persons x
The Chair recognized Steve Fouraker, 387 - 6th St. , who questioned
why PUD is allowed through all the zoning designations.
Mayor Persons stated that it is a technique cities have used for
years to custom tailor the area.
Commissioner Van Ness mentioned the PUD designation gives the
Commission greater control over what is developed in the area -
the Commission is then able to retain control of this all the
way through the process.
Mayor Persons also recognized Don McClain, Jacksonville, who
questioned whether there is any provision in the new Ordinance
for variance for a technical violation on lot size.
The City Manager offered that there are two mechanisms to address
the problem: (1) City Manager has authority to issue a variance
up to 10% (2) we also have the Board of Adjustments which has
a very good procedure in the new Ordinance.
Mayor Persons objected to the clause in the Ordinance allowing the
Board of Adjustments to grant variances; stating, it is his
opinion that the Commission was elected to make this type of
a decision. He also expressed the clause should be changed to
MINUTES V V
PAGE 8 Names of
JUNE 14, 1982 Commrs. M S Y N
C. Ordinance No. 90-82-74 - Continued
read that any body who feels aggrieved by the decision of the Board
of Adjustments can come to the City Commission.
Mayor Persons also asserted that if the City is going to do
a comprehensive plan they should live by it to prevent being
sued under Section 1983. If City is going to pass Zoning Plan
there should be a Zoning Plan not a tentative Plan that can be
changed.
Mr. Moss stated the Board of Adjustments is a necessary part of
the City because it gives an appeal procedure over administrative
decisions and the new Ordinance restricts power of the Board
much more so than the existing Ordinance.
Mayor Persons disagreed with the fact that if what the Board
does is not satisfactory with the Commission, the Commission
has to sue the Board to get them to quit.
Mr. Moss informed the Commission that it is part of the Charter,
and that the Charter would have to be changed. He mentioned the
Home Rule Act which allows municipalities to change their Charter
except for certain things such as: the form of government; the
way they elect their officials; and specifically they cannot
change their appointed Board of Commissions without a referendum.
Mayor Persons suggested the matter be investigated and a referendum
requested to veto the Board of Adjustment so the Commission has
final review.
Mayor Persons declared the Public Hearing Meeting closed.
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Miscellaneous Business
Mayor Persons reported he had received a petition from Steven
Woods, 1096 East Coast Dr. , requesting the Commission to look
into stricter enforcement of the speed limit and stop sign at
11th Street and East Coast Drive.
Mayor Persons then passed the petition on to Mr. Moss to give to
Chief Stucki.
There being no further business to come befor he Co 'ssion,
the Mayor declared the meeting adjourned. /
r J
(Seal) Robert B. Pens,ns, Jr.
Mayor - Commissioner
ATTEST: CityV Clerky