08-14-89 v CITY OF ATLANTIC BEACH
REGULAR MEETING, MONDAY AUGUST 14, 1989
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of July 24, 1989.
and the special meetings of July 31 and August 7, 1989
2. Recognition of visitors:
3. Appearances:
A. Jay Steele of Mahoney, Adams, Milam, Surface & Grimsley to ask
for direction from the Commission on pending litigation
4. Consent Agenda:
A. Proclamation declaring August 13-18, 1989 as Water and
Pollution Control Operators Week
5. New Business:
A. Recycling: Discussion and action concerning proposed Ordinance
prohibiting theft from recycling bins (Chief David Thompson)
B. Rose Blanchard with a request and recommendations regarding
Christmas decorations
6. Old Business:
A. Discussion of impact fees in association with car washes
(City Manager Kim Leinbach)
B. Discussion regarding engineering consultants for Stormwater
Managerment Plan (City Manager Kim Leinbach)
7. Action on Ordinances:
A. Ordinance #95-89-41 introduction and first reading extending the
redemption date of the Buccaneer Water and Sewer District
Revenue Bonds in exchange for certain real estate
B. Action on Ordinance #40-89-15 of public hearing held July 24,
1989 authorizing execution of agreement of franchise to Peoples
Gas System, Inc.
C. Ordinance #5-89-21 public hearing of an ordinance prohibiting
any City Commissioner from appointment as City Clerk or City
Attorney during their term or within one year after expiration
of term
D. Public hearing of Ordinance #90-89-145 withdrawn by Sam Waters
E. First reading of Ordinance #90-89-146 amending the home
occupation ordinance to provide for service occupations using
the home as a base of operation
8. City Manager Reports and/or Correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
A. Commissioner Jensen to discuss compensation of interim City
Attorney
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM—
MISSION HELD AT CITY HALL ON AUGUST 14, 1989, AT 7:15 PM V V
O O
'RESENT: William I. Gulliford, Mayor/Commissioner T T
Glenn A. Edwards E E
Alan C. Jensen D D
Adelaide R. Tucker, Commissioners
AND: Kim D. Leinbach, City Manager M S
Stephen Stratford, Interim City Attorney 0 E
Maureen King, City Clerk T C
I O Y
ABSENT: Robert B. Cook, Sr. , Commissioner (Excused) NAME OF ONE N
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The invocation,
offered by Commissioner Edwards, was followed by the pledge to the
flag.
1. Approval of the minutes of the regular meeting of July 24,
1989, and the special meetings of July 31 and August 7, 1989
Motion: Approve minutes of the regular meeting of July 24, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Motion: Approve minutes of the special meeting of July 31, Edwards x x
1989 Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
Motion: Approve minutes of the special meeting of August 7, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
* * * * * * * * * * *
In consideration of the number of people in the audience in
connection with the recently installed neon light at the Sea Turtle,
Mayor Gulliford reported the City Manager had met with John Bristol,
General Manager of the Sea Turtle. He said the city would continue
to work with the Sea Turtle to resolve the problem.
Ron Gray, 63 Beach Avenue, said it was his understanding the permit
issued to the Sea Turtle had been for a sign, and he did not feel
the current lighting could be considered a sign. Bob Weiss, 253
Seminole Road, whose mother lives at 99 Beach Avenue, said he felt
the light was an abomination. He had talked with Mr. Bristol about
the light and planned to meet with him again and hoped the matter
could be satisfactorily resolved.
* * * * * * * * * * *
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AUGUST 14, 1989 COMMRS. MSYN
2. Recognition of visitors
Dezmond Waters, 1835 Seminole Road, addressed the City Commission
relative to a construction permit which had been issued for a
substandard lot on the southwest corner of Beach Avenue and
Eighteenth Street, owned by Mark Kredell. He indicated in a legal
opinion received from former City Attorney Claude Mullis, and
acknowledged by the Commission on June 12, 1989, it would be
necessary for Mr. Kredell to come before the Community Development
Board and seek relief from the area requirements of the City Code.
This apparently had not been done. He asked (1) , if it was the
intention of the Commission to allow Mr. Kredell to by-pass the
Community Development Board when receipt of the legal opinion was
acknowledged; (2) that the building permit be retracted temporarily
and set a public hearing on Mr. Kredell's request to build a
townhouse on a substandard lot; (3) that the City Manager be
instructed in the future to publish building permits for the benefit
of the public.
Brenda Dockery of the Building Department, said a permit had been
issued on June 30, 1989 for the construction of two townhouses and
outlined the procedure involved.
After further discussion, the City Manager was requested to instruct
Ir. Kredell to cease work and seek the approval of the Community
Development Board for the proposed construction. Mayor Gulliford
said whether to publish building permits was an administrative
question and referred it to the City Manager.
* * * * * * * * * * *
Mrs. Harry Beatty, 306 Twelfth Street, said she had spoken with
Chief Thompson relative to speeding on East Coast Drive and
suggested moving the stop sign from Eleventh to Twelfth Street.
Sandi Bell, 1175 East Coast Drive, spoke in favor of additional stop
signs.
Paul Steckla, 1570 Park Terrace West, said he felt the proliferation
of stop signs in the area was inappropriate and not good for the
community. He stressed the importance of enforcing the speed
limits, and if resources were not available for such enforcement, he
encouraged the Commission to provide the necessary resources.
Mayor Gulliford reported the city was addressing the situation and
had provided budget for expansion in the Police Department in the
upcoming fiscal year. The question of speeding and stop signs is
still under consideration by the police, and the Mayor said he felt
it was prudent to wait for a report when the police department had
completed its study.
* * * * * * * * * * *
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AUGUST 14, 1989 COMMRS. MSYN
Richard Vanzant, 1778 Cassat Avenue, Jacksonville, owner of the
Stanley Road Apartments said he had been requested by city personnel
to remove his sign on Mayport Road which advertised those
' apartments. He was advised this was an administrative matter and
was instructed to contact the City Manager.
* * * * * * * * * * *
Drew Margol, 5991 Chester Avenue, said he represented the Atlantic
Village Shopping Center. His firm had recently received notice that
a 4' x 8' sign on their property was in violation of city
ordinances. He requested permission to keep the sign.
The Mayor advised that the sign was in violation of the sign
ordinance. The recently established Beautification Committee was
addressing the subject of signs and it was their recommendation the
ordinances relating to signs should be more aggressively enforced.
Bob Weiss, 253 Seminole Road, asked how the Sea Turtle sign had been
approved if the sign ordinance limited signs to 2' x 2' .
Mr. Margol was advised to discuss the matter with the City Manager.
3. Appearances:
.. Jay Steele of Mahoney, Adams, Milam, Surface and Grimsley, to
ask for direction from the Commission on pending litigation
Mr. Steel outlined two cases currently pending, and a third case
which had not yet been filed, the latter being that of the eminent
domain action on the Tresca property in Section H. It was the
general consensus the city should hold off on any action on this
matter until the proper course of action had been determined.
One of the cases pending in federal court had to do with a sewer
project and involved two law suits which had resulted from one when
the Hanover Insurance Company sued the city, and the second action
was the city's suit against the insurance company which had been
filed in state court. This had since then been moved to federal
court to be heard by Judge Susan Black. Mr. Steele presented the
City Manager with the pleadings of the Hanover Insurance Company.
He indicated he had had settlement discussions with the insurance
company but had been unable to resolve the case and said he felt the
city had invested too much time and effort to withdraw at this time.
The other case involved the 16th Street beach access and the
complaint filed by Mr. Blackard was that the dune overwalk
constructed by the city had not been constructed entirely within the
easement but had infringed on his property. The judge had granted
an injunction prohibiting further construction. The compromise
suggested by Mr. Blackard would add approximately $19,000 to the
:ost of construction and was not acceptable to the city. Mr.
Blackard also wanted to be compensated for his time in the amount of
$10,000.
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MINUTES NAME OF
AUGUST 14, 1989 COMMRS. MSYN
It was the general consensus every effort should be made to resolve
the situation and the City Manager was requested to draft a
resolution to be presented at the next regular meeting authorizing
Mr. Steele to proceed with both cases pending.
4. Consent Agenda:
A. Proclamation declaring August 13-18, 1989 as Water and
Pollution Control Operators Week
Edwards x x
Motion: Approve passage of the Consent Agenda Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
5. New Business:
A. Recycling: Discussion and action concerning proposed ordinance
prohibiting theft from recycling bins (Chief David Thompson)
Chief Thompson reported a number of people were renting trucks and
systematically stealing all the aluminum from the recycling bins.
The Assistant State Attorney assigned to the Jacksonville Sheriff's
Office had recommended the city adopt an ordinance prohibiting the
removal of recyclable items from the bins. This would allow the
^ity to prosecute those in violation. This was generally approved
>y the City Commission.
B. Rose Blanchard with request and recommendations regarding
Christmas decorations
Rose Blanchard presented some ideas for Christmas decorations which
had been submitted by Flair Display Service, the company who had
done the Christmas decorations for the city for the past several
years. After further discussion the question was raised as to
whether it would be necessary to go through the bidding process. It
was suggested Ms. Blanchard, Mr. Pickett of Flair Display Service
and the City Manager meet and decide on the specific items to be
included.
6. Old Business:
A. Discussion of impact fees in association with car washes (City
Manager Rim Leinbach)
The City Manager confirmed the Commissioners had received his letter
relative to impact fees associated with car washes. He recommended
a three tier impact fee structure for car washes. These included
"old-fashioned" car washes with wands which use the greatest amount
of water, those with wands and more state of the art equipment where
the usage is less, and tunnel type which uses the most water of all.
fee schedule on this basis is being prepared and will be submitted
in ordinance form. This was generally approved by the City
Commission.
•
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AUGUST 14, 1989 COMMRS. MSYN
B. Discussion regarding engineering consultants for Stormwater
Management Plan (City Manager Kim Leinbach)
Mr. Leinbach reported he had reviewed the proposals submitted by
engineering consultants for a stormwater management plan and
concurred with the committee's recommendation. However, in view of
the number of studies and projects currently in progress, it was his
recommendation the city take a step by step approach, with a
five-year capital improvement plan with funding sources identified.
Commissioner Edwards inquired whether such a plan might be mandated
in the future by the state. Mr. Leinbach said stormwater management
needed to be addressed and Commissioner Edwards suggested collecting
user fees ::a an amoLLJ one or two dollars a quarter now and this
would help finance the study and provide funds for implementing the
plan. It was the general consensus the city should accept the
recommendation of the City Manager and move at his direction.
7. Action on Ordinances:
A. Ordinance No. 95-89-41 - First Reading
AN ORDINANCE EXTENDING THE REDEMPTION DATE OF THE BUCCANEER WATER
AND SEWER DISTRICT REVENUE BONDS IN EXCHANGE FOR CERTAIN REAL
ESTATE; PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
95-89-41 on first reading.
Motion: Approve passage of Ordinance No. 95-89-41 on first Edwards x x
reading and set for public hearing on August 28, 1989 Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Ordinance No. 40-89-15 - Public Hearing
AN ORDINANCE AUTHORIZING EXECUTION OF AGREEMENT OF FRANCHISE TO
PEOPLES GAS SYSTEM, INC. WITHIN THE CITY LIMITS FOR A FIVE YEAR
PERIOD, STATING TERMS AND CONDITIONS THEREOF, PROVIDING AN
EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
40-89-15 on final reading. Said ordinance was posted in accordance
with Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience. Since no one spoke
for or against the ordinance, the Mayor declared the public hearing
closed.
Edwards x x
Motion: Approve passage of Ordinance No. 40-89-15 on final Jensen x x
reading Tucker x
Gulliford x
No discussion before the vote. The motion carried unanimously.
•
PAGE SIX V V
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AUGUST 14, 1989 COMMRS. MS Y N
C. Ordinance No. 5-89-21 - Public Hearing
AN ORDINANCE PROHIBITING ANY CITY COMMISSIONER FROM APPOINTMENT AS
CITY CLERK, CITY ATTORNEY DURING THEIR TERM OR WITHIN ONE YEAR AFTER
EXPIRATION OF TERM; PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
5-89-21 on second and final reading. Said ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience.
Dorothy Kerber, 365 First Street, said she was opposed to the
ordinance and felt it was totally unfair. Since no one else spoke
for or against the ordinance the Mayor declared the public hearing
closed.
Edwards x
Motion: Defer action on Ordinance No. 5-89-21 until next Jensen x x
meeting Tucker x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
D. Ordinance No. 90-89-145 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING
)RDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING
AAP TO REZONE LAND OWNED BY SAMUEL W. WATERS DESCRIBED AS LOT 5,
BLOCK 3, LEWIS SUBDIVISION FROM RESIDENTIAL GENERAL RG-1 TO
RESIDENTIAL GENERAL RG-2; AND PROVIDING AN EFFECTIVE DATE
This item had been withdrawn at the request of Paul M. Eakin,
attorney for Samuel W. Waters.
E. Ordinance No. 90-89-146 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7,
SECTION 24-159, HOME OCCUPATION REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE
Mayor Gulliford introduced in full, in writing, Ordinance No.
90-89-146 on first reading.
Motion: Approve passage of Ordinance No. 90-89-146 on first Edwards x
reading and set for public hearing on August 28, 1989 Jensen x x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
8. City Manager Reports and/or Correspondence
Mr. Leinbach commented briefly on some correspondence he had
included in the agenda packets which included a letter from Chief
Thompson on stop signs, report on the aquatic committee, project
summaries, Jacksonville Track Club Summer Run, and the Sea Turtle
neon light.
•
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AUGUST 14, 1989 COMMRS. MSYN
9. Mayor to call on City Commissioners, City Attorney and City
Clerk:
A. Commissioner Jensen to discuss compensation of interim City
Attorney.
Commissioner Jensen said Steven Stratford had agreed to serve as
interim attorney at a fee of $1 ,000 per month. Litigation would be
by resolution at the direction of the City Commission.
Motion: Authorize entering into interim agreement at a
retainer of $1,000 per month
The motion was unanimously approved and Mr. Stratford was welcomed
by all. Mayor Gulliford said he had been asked by the media whether
he felt the hiring of Mr. Stratford represented any conflict. He
said he perceived no conflict since this was an interim appointment,
and he felt Mr. Stratford's experience with another beach community
would be an asset.
* * * * * * * * * * *
Mayor Gulliford announced Northeast Regional Planning Council
function in St. Augustine on August 24 and Commissioner Edwards
volunteered to go and represent the city.
He also informed the Commission the city had been requested to
express support of an anti drug tour campaign using the U.S.
Constitution to keep drugs from children. He intended to sign
the documentation indicating support of the movement.
He also asked for additional nominations to fill a vacancy on the
Public Nuisance Control Board and asked the Commission and Chief
Thompson if they would present names for consideration at the next
meeting.
Their being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 8:45 PM.
I
1..addi
Wil iam I. Gulli ord
Mayor/Presiding 0ffic:
ATTEST:
Maur n King, City Clerk(