08-23-99 vI
CITY OF ATLANTIC BEACH
ill COMMISSION MEETING- August 23, 1999
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of August 9, 1999
2. Courtesy of Floor to Visitors:
3. Unfinished Business from Previous Meeting
A. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk at
207 Atlantic Boulevard for cafe style seating (City Manager)
B. Action on a request for a Use-by-Exception filed by Ragtime Tavern to waive the parking
requirements for 32 additional restaurant seats (City Manager)
4. Consent Agenda:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
0 DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION
ON THESE ITEMS
A. Acknowledge receipt of monthly report from Building Department (City Manager)
5. Committee Reports:
A. Tree Conservation Board with report relative to Mr. McDaniel's application for tree
removal and suggested procedure for such applications in the future (Tree Board)
6. Action on Resolutions:
A. Resolution No. 99-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING
THE DUVAL COUNTY LEGISLATIVE DELEGATION TO SUPPORT, DEVELOP,
AND INTRODUCE LEGISLATION AMENDING THE PROVISIONS OF THE STATE
ADMINISTERED GROUP HEALTH PROGRAM TO ALLOW PARTICIPATION BY
THOSE LOCAL GOVERNMENTS WHO ARE ALSO ACTIVE PARTICIPANTS IN
THE FLORIDA STATE RETIREMENT SYSTEM(Mayor)
B. Resolution No. 99-24
A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER
0
1, 1998 AND ENDING SEPTEMBER 30, 1999 (City Manager)
iiPage Two AGENDA August 23, 1999
7. Action on Ordinances:
A. Ordinance No. 95-99-71 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED
BY THE CITY FOR CERTAIN REAL PROPERTY OWNED BY HABITAT FOR
HUMANITY OF THE JACKSONVILLE BEACHES, INC., A NOT FOR PROFIT
FLORIDA CORPORATION, D/B/A BEACHES HABITAT, AND PROVIDING
AN EFFECTIVE DATE (Mayor)
8. Miscellaneous Business:
A. Board Appointments:
i) Appointment to the Pension Board of Trustees to fill unexpired term of John C.
Fletcher, Jr.
ii) Appointment to the Cultural Arts board to fill the unexpired term of Woody Winfree
Mayor)
B. Discussion and possible action concerning litigation with regard to the Mayport
Road/Atlantic Boulevard Interchange (Mayor)
ill C. Action on the recommendation of the Pension Board of Trustees regarding a change in
retirement eligibility (City Manager)
D. Approve contract with Aikenhead & Odom for the preliminary design phase of the
Stormwater Utility Project in the amount of$48,500, and authorize the City Manager to
sign the contract documents (City Manager)
E. Authorize the purchase of six lots described as lots 1 - 6, Block 91, Section H, at a cost of
90,000 (City Manager)
F. Amend current agreement for Fire Services with the City of Jacksonville to indicate that
liabilities of the Firefighters' portion of the City of Atlantic Beach Employees Retirement
Plan will transfer to the Jacksonville Police and Fire Pension Plan (City Manager)
9.City Manager Reports:
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,
such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based.
01 Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior
to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing
special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,August 20, 1999.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E
BEACH CITY COMMISSION HELD IN CITY HALL, 800
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SEMINOLE ROAD,AT 7:15 PM ON MONDAY,AUGUST 23, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: Maureen King, City Clerk M S
Alan C. Jensen, City Attorney
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David Thompson, City Manager I 0 y
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The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The COMMISSIONERS N D S 0
Invocation was offered by Commissioner Borno followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
August 9, 1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes were unanimously approved as prepared.
2.Courtesy of the Floor to Visitors:
Danny Thiele of 107 Azalea Place, Neptune Beach requested that the
Commission consider passage of a sea turtle light ordinance which would
regulate lights during the nesting season. Mr. Thiele stated he had worked
with the City of Neptune Beach, who had recently passed such an
ordinance, and was now working with the City of Jacksonville Beach. Mr.
Thiele distributed Department of Environmental Protection information
relative to the lighting requirements and stated he would be available to
assist the Commission in any way deemed necessary to get the ordinance
passed.
David Viall of 2172 Fairway Villas Lane inquired concerning the city
manager selection process relative to the salary requirement of the top
candidate and the reason for anyone from the City of Atlantic Beach going
to Iowa.
J.P. Marchioli of 414 Sherry Drive commented on a recent traffic
accident and expressed concern for the safety of the residents of Atlantic
Beach due to what he believed to be a citywide increase in speeding. He
41) felt use of the motorcycle officer was a deterrent to speeding, and inquired
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as to why he had not seen the motorcycle in use recently.
Commissioner Responses
Commissioner Mitchelson felt the city should consider passage of a sea
turtle lighting ordinance and stated he would be happy to sponsor it.
Relative to the city manager selection process, Commissioner Mitchelson
indicated the salary range was published and all of the candidates knew the
range, but until an individual was selected , no salary negotiations took
place. Commissioner Mitchelson stated that misinformation had been
printed in the Beaches Leader, and the reason for the trip to Iowa was to
talk to the local newspapers, employees and citizens to further check the
candidate's background.
City Manager Thompson explained that the motorcycle was not used at
night, and the officer who customarily operates the motorcycle had been
working nights and was scheduled to have surgery for a work related
accident. He indicated another officer would be assigned to the motorcycle
and it would be back on the road in the near future.
City Manager Thompson indicated that the top candidate for the City
Manager position was asking for a salary and benefits packet which far
exceeded the advertised range of$65,000 - $95,000.
Discussion ensued concerning the editorial in the April 13, 1999 edition of
the Beaches Leader which questioned why the city would send a three man
team to Iowa to offer a job to the candidate. Mayor Shaughnessy
indicated that the three members of the ad hoc committee appointed by her
were not going to offer a job to the candidate, but to further check his
background. Mayor Shaughnessy read a letter from the City Manager
which will be sent to the editor of the newspaper expressing concern for the
accuracy of the information appearing in the editorial and an article relating
to stormwater rates which appeared in the August 18, 1999 edition of the
newspaper. The letter is attached and made part of this official record as
Attachment A. Mayor Shaughnessy inquired if the Commission wished
to send the letter or request a retraction of the editorial and article
containing the misleading information.
Commissioner Borno believed the letter written to the editor would be more
effective than requesting a retraction, and the other Commissioners
concurred with sending the letter to the editor.
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August 23, 1999
Item 8-B was taken out of sequence and acted on at this time.
8-B. Discussion and Possible Action concerning Litigation with
Regard to the Mayport Road/Atlantic Boulevard Interchange
Mayor)
Mayor Shaughnessy indicated that the correspondence from the city's
outside counsel expected last week had not been received until noon today
in the City Attorney's office and she would like to have time to study his
response. Mayor Shaughnessy stated she would like to defer discussion on
this item to a Special Called Meeting to be held at 6:00 p.m. on
Wednesday, August 25, 1999. She indicated that the meeting would be
held prior to the scheduled Budget Workshop.
Mayor Shaughnessy then opened the floor for a public hearing.
Don Remley of 1309 Violet Street requested that a Town Meeting be
scheduled with representatives of the Jacksonville Transportation Authority
JTA) to discuss and view the final plan.
Mayor Shaughnessy indicated that a public hearing was held by the JTA at
Mayport Elementary School a month ago for that purpose and no further
meetings were scheduled.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
It was the consensus of the Commission, to defer Item 8-B to the Special
Called Meeting scheduled for 6:00 p.m., Wednesday, August 25, 1999.
3. Unfinished Business From Previous Meeting
A. Action on a Request of Ragtime Tavern for Permission to
Use a Portion of the Sidewalk at 207 Atlantic Boulevard for
Cafe Style Seating (City Manager)
Motion: Authorize permission to use a portion of the sidewalk ME SERVE X
at 207 Atlantic Boulevard for cafe style seating as outlined in the SHAUGHNESSY X
attached paperwork. (The documents referenced in the motion
are attached and made part of this official record as Attachment B)
410 Bill Morton, Manager of Ragtime Tavern, addressed the Commission and
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stated he believed the sidewalk cafe concept would enhance the Town
Center Project area. He requested that the tavern be allowed to place eight
full-service tables, which would provide seating for thirty-two people, on
the city sidewalk. Mr. Morton stated the table area would be fenced in and
photographs of the proposed fencing were provided. Mr. Morton indicated
that the tables would be in place on the sidewalk from lunch hour to dusk.
Mr. Morton also asked that Item 3B,the request for a Use-by-Exception to
waive the parking requirements for the 32 additional restaurant seats be
considered simultaneously with the request.
Commissioner Mitchelson expressed concern that the movement of the
tables and chairs and food spillage would damage the Town Center bricks.
Mr. Morton indicated he would use plastic tables and plastic chairs with
casters to prevent damage to the bricks. He also stated that he would be
willing to move the brick belonging to other people and install the bricks of
family members and friends in the area where the tables would be located.
Mayor Shaughnessy expressed concern that the tables would block
pedestrian traffic on the sidewalk. Mr. Morton explained that a five foot
ill walkway located under the awning would remain open and the tables would
be placed from that point out to the edge of the street. Mayor Shaughnessy
then suggested a trial period, and Mr. Morton stated he would like to try it
with eight tables for a period of one year.
Commissioner Meserve inquired if alcoholic beverages would be served
outside and Mr. Morton responded that drinks would be served with food.
Commissioner Meserve felt outside consumption of alcohol would conflict
with the city code. City Attorney Jensen confirmed that it was prohibited
by the city code, as indicated in the staff report.
Commissioner Mitchelson felt that the problems could be overcome, and
inquired if the tables would be brought in at dusk. Mr. Morton stated the
tables would be brought in at dusk and he pointed out that the wait staff did
not use trays or table jacks which might inconvenience pedestrians.
Commissioner Mitchelson inquired if Ragtime had considered expanding
by adding a second story, and Mr. Morton responded that it had been
considered but it was very expensive since the building would not support
a second story.
Commissioner Borno inquired if the inside seating would be reduced, and
Mr. Morton responded that the inside seating would remain the same.
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Community Development Director Worley distributed copies of a
temporary usage resolution granted by the City of Chattanooga to Big River
Breweries (owner of Ragtime) for temporary use of the sidewalks in that
city.
Rona Brinlee, owner of The Book Mark, a neighboring business, stated
that her original concerns for pedestrian access had been addressed. Ms.
Brinlee stated that she would prefer a trial period of three months, and
further stated that Mr. Morton had agreed to meet on a regular basis to
discuss any problems or concerns that might develop if his request was
granted. Ms. Brinlee suggested consideration of"reserved parking" signs
for The Book Mark, Stuart Ashby, etc. and stated it would be helpful if the
employees of the restaurant parked elsewhere.
There being no further comments, the Mayor declared the public hearing
closed.
Commissioner Mitchelson requested a recap of staffs position on the
request. City Manager Thompson summarized the concerns as listed in
Attachment B.
Mayor Shaughnessy stated she favored outdoor dining and suggested that
the Community Development Board draft a citywide ordinance addressing
the issue or alternatively allow Ragtime to operate for a certain period of
time on a temporary basis.
Commissioner Meserve felt that a trial period was warranted due to the
concerns expressed.
Amendment to the motion: Grant a six months trial period.MESERVE X
SHAUGHNESSY X
A brief discussion concerning the trial period ensued. Mr. Morton indicated
that he would not be able to place the tables outside during the Town Center
construction.
Commissioner Borno stated he was not in favor of alcoholic beverages
being served outside. He felt it was not conducive to the atmosphere Town
Center was trying to promote and believed granting a trial period to
Ragtime would open the door for similar requests from other restaurants.
0 Commissioners Beaver and Mitchelson were initially opposed to the
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request but stated that they now favored the concept, but further details
needed to be worked out. Commissioner Beaver indicated that he would
like detailed information and a demonstration of the table set up in the
fenced-in area before making a final decision.
BEAVER X X
BORNO X
Motion: Defer action on the request to the September 13, 1999 ME SERVE X
Commission Meeting in order to gather more information. MITCHELSON X X
SHAUGHNESSY X
Commissioner Mitchelson felt a different approach would be appropriate,
and suggested that staff be authorized to begin drafting an agreement for
Commission consideration which would address the concerns set forth by
the Commissioners.
Mayor Shaughnessy suggested that staff bring a report to the next meeting
which addressed the Commission's concerns. Commissioner Mitchelson
felt the city and Mr. Morton should come to some type of an agreement
before bringing the request back before the Commission.
40
A brief discussion of procedure ensued, and Mr. Morton stated he hoped
that the Commission would decide to allow Ragtime to use city property for
the cafe style seating. He indicated that Ragtime would be willing to
comply with all of the requirements of the Commission.
Commissioner Beaver expressed concern for the liability issue if the request
was approved. City Manager Thompson stated that a contract could address
liability and suggested that the Commission think about a contract and if
it should contain a usage fee clause. City Manager Thompson indicated
that he would work with Mr. Morton and report back his findings at the
next meeting.
There being no further discussion the motion to defer carried by a three
to two vote with Commissioners Borno and Mitchelson voting nay.
The Mayor called a recess at 8:50 p.m. and reconvened the meeting at 9:10
p.m.
B. Action on a Request for a Use-by-Exception Filed by Ragtime
Tavern to Waive the Parking Requirements for 32 Additional
Restaurant Seats (City Manager)
41) Mayor Shaughnessy opened the floor for a public hearing.
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Mr. Morton stated that he had worked out a non-exclusive lease agreement
with the owner of the vacant lot adjacent to the Sea Horse Inn in Neptune
Beach for fifteen parking spaces for his employees. A copy of the lease
agreement was submitted to City Clerk King. Mr. Morton indicated that
leasing the parking spaces across the street would free-up parking spaces
behind the restaurant for customers.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
BEAVER X
BORNO X X
Motion: Defer action on the request to the September 13, 1999 MESERVE X X
Commission Meeting. MITCHELSON X
SHAUGHNESSY X
There was no more discussion and the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of Monthly Report from Building
Department (City Manager)
Mayor Shaughnessy received and acknowledged the monthly report for the
Building Department and requested that it be filed.
5.Committee Reports:
A. Tree Conservation Board with Report Relative to Mr.
McDaniel's Application for Tree Removal and Suggested
Procedure for Such Applications in the Future (Tree Board)
Mayor Shaughnessy received and acknowledged the Tree Conservation
Board report and requested that it be filed. Mayor Shaughnessy recognized
Mae Jones, Chairperson of the Tree Conservation Board, who was present
in the audience, and thanked her and the other Board Members for their
work.
6. Action on Resolutions:
A. Resolution No. 99-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REQUESTING THE DUVAL COUNTY
LEGISLATIVE DELEGATION TO SUPPORT, DEVELOP,
AND INTRODUCE LEGISLATION AMENDING THE
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PROVISIONS OF THE STATE ADMINISTERED GROUP
HEALTH PROGRAM TO ALLOW PARTICIPATION BY
THOSE LOCAL GOVERNMENTS WHO ARE ALSO
ACTIVE PARTICIPANTS IN THE FLORIDA
RETIREMENT SYSTEM (Mayor)
BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-25. MESERVE X
MITCHELSON X
There was no discussion,the motion carried unanimously.SHAUGHNESSY X X
B. Resolution No. 99-24
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999 (City Manager)BEAVER X
BORNO X X
Motion: Adopt Resolution No. 99-24. MESERVE X X
MITCHELSON X
SHAUGHNESSY X
Commissioner Mitchelson stated that less than a year ago he had inquired
if the employee's retirement plan was adequately funded, and at that time
was assured the plan was strong and well funded. He then inquired as to
why the city was now requesting a budget adjustment to increase the city's
contribution to the plan if the fund was adequately funded.
A brief discussion of the request ensued. City Manager Thompson
indicated that Chapter 185 money for Police Department, which comes
back to the city through casualty insurance premium payments, was less
than anticipated by the pension actuary and required the budget
modification to meet the total contribution requirement calculated by the
actuary.
Mayor Shaughnessy inquired if this budget modification was normally used
in this type of situation, and City Manager Thompson indicated that it was
the same procedure as was followed in previous years. Mayor
Shaughnessy then inquired as to what would happen if no budget
adjustment was made. City Manager Thompson stated he did not know if
the city had a legal obligation to do this,and indicated that the pension fund
was adequately funded and would continue without the small amount
included in the budget adjustment.
Commissioner Mitchelson stated he would like to have the Pension Board
address the funding of the retirement plan.
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Mayor Shaughnessy suggested that Item#1 of the budget modifications be
deleted from the Resolution and defer it to the next meeting. She indicated
that John Fletcher,the former Chairperson of the Pension Board, would be
in attendance and could answer any questions.
Commissioner Borno believed the pension fund was being adequately
funded and felt that it was not necessary to defer this item.
BEAVER X
Amendment to the Motion: Strike Item#1 from Resolution 99- BORNO X
24 and rewrite Item #1 with a new Resolution Number and ME SERVE X
bring it back to the September 13, 1999 Commission Meeting.
MITCHEL SON X x
SHAUGHNESSY X X
There being no further discussion, the amendment to the motion carried by
a four to one vote with Commissioner Borno voting nay, and the main
motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 95-99-71 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AUTHORIZING THE EXCHANGE OF CERTAIN
REAL PROPERTY OWNED BY THE CITY FOR CERTAIN
REAL PROPERTY OWNED BY HABITAT FOR HUMANITY
OF THE JACKSONVILLE BEACHES, INC., A NOT FOR
PROFIT FLORIDA CORPORATION, D/B/A BEACHES
HABITAT, AND PROVIDING AN EFFECTIVE DATE
Mayor)
Mayor Shaughnessy read the ordinance by title only.
BEAVER X
Motion: Approve passage of Ordinance 95-99-71 on first
BORNO X
ME SERVE X X
reading. MITCHELSON X
SHAUGHNESSY X X
Mayor Shaughnessy indicated the public hearing would be held September
13, 1999.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business
A. Board Appointments:
i) Appointment to the Pension Board of Trustees to fill the
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unexpired term of John C. Fletcher, Jr.
Mayor Shaughnessy appointed Tony F. Downing to fill the unexpired term
of John C. Fletcher, Jr. on the Pension Board of Trustees.
The Commission unanimously approved the appointment.
ii) Appointment to the Cultural Arts Board to fill the unexpired
term of Woody Winfree (Mayor)
Mayor Shaughnessy appointed Karen Sadler to fill the unexpired term of
Woody Winfree on the Cultural Arts Board.
The Commission unanimously approved the appointment.
B. Discussion and Possible Action concerning Litigation with
Regard to the Mayport Road/Atlantic Boulevard Interchange
Mayor)
This item was taken out of sequence and acted on after Item 2, Courtesy of
the Floor to Visitors.
C. Action on the Recommendation of the Pension Board of
Trustees Regarding a Change in Retirement Eligibility (City
Manager)
Commissioner Borno suggested that this item be deferred and a committee
appointed to review the ramifications of proposed change(s) and that they
report back their findings to the Commission.
Mayor Shaughnessy indicated she would appoint the committee at the next
meeting.
City Manager Thompson favored having a committee further study this
complicated issue, and reported that changes required by state law would
also have to be implemented.
Richard Fellows, a former City Manager of the City of Atlantic Beach,
commended the city for providing life insurance for retirees and requested
a determination as to whether or not he was a retiree from the city so he
could obtain the insurance.
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D. Approve Contract with Aikenhead and Odom for the
Preliminary Design Phase of the Stormwater Utility Project in
the Amount of$48,500 and Authorize the City Manager to Sign
the Contract Documents (City Manager)
BEAVER X
Motion: Approve contract with Aikenhead and Odom for the BORNO X X
Preliminary Design Phase of the Stormwater Utility Project in MESERVE X
the amount of$48,500 and authorize the City Manager to sign
MITCHELSON x
the contract documents.
SHAUGHNESSY X X
Mayor Shaughnessy commented on the scope of work summary, and
recommended that the City Commission meet with Aikenhead and Odom
in a workshop setting and that the meeting be added to the scope of work
summary. BEAVER X
BORNO X X
Amendment to the motion: Add a Workshop Meeting with the ME SERVE X
City Commission to the Scope of Work Summary. MITCHELSON X
SHAUGHNESSY X X
Commissioner Mitchelson confirmed that the $48,500.00 was for the
project approach phase of the project and that there would be a separate
contract for the final design of the project. He further stated that he wished
to have Aikenhead and Odom's recommendation for the maximum
percentage of non-permeable surface figured into the final design phase of
the project as part of the scope of work so the city will not inundate the
system.
There being no further comments, the amendment to the motion and the
main motion carried unanimously.
E. Authorize the Purchase of Six Lots Described as Lots 1 - 6,
Block 91, Section H at a Cost of$90,000.00 (City Manager)
BEAVER X
BORNO X X
Motion: Authorization ( as recommended to purchase six MESERVE X
lots described as Lots 1 - 6, Block 91, Section H at a cost of MITCHELSON x X
90,000.00). SHAUGHNE S SY X
Commissioner Mitchelson inquired relative to the recommended funding
source for the purchase utilizing Convention Development Tax money of
100,000 originally appropriated for Bull Park, and expressed concern if
the money was taken from Bull Park.
City Manager Thompson indicated that there were several different funding
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sources for the purchase. He pointed out, however, that the Convention
Development Tax money had limitations for its use, and the purchase of
the property would be an appropriate use. He further indicated that reserves
or another funding source could be used for Bull Park.
A brief discussion of the property value and proposed purchase ensued.
City Manager Thompson indicated he would like to tell the owner of the
property that the city was seriously interested in purchasing the property,
even if the purchase was not closed until after October 1, 1999.
Commissioner Meserve favored purchasing the property but felt funding
for the purchase should be included in the fiscal year 1999/2000 budget.
After some further discussion of funding options, it was the consensus of
the Commission to authorize the City Attorney to begin preparing the legal
documents to purchase the property.
There being no further comments,the motion carried by a three to two vote
with Commissioners Beaver and Meserve voting nay.
F. Amend Current Agreement for Fire Services with the City of
Jacksonville to Indicate that Liabilities of the Firefighters'
Portion of the City of Atlantic Beach Employees Retirement
Plan Will Transfer to the Jacksonville Police and Fire Pension
Plan (City Manager)
Motion: Amend current Agreement for Fire Services with the BORNO x
City of Jacksonville to indicate that liabilities of the MITCHELSON X
firefighters' portion of the City of Atlantic Beach Employees
Retirement Plan will transfer to the Jacksonville Police and
Fire Pension Plan as recommended in Option 2. (Option 2 is
attached and made part of this official record as Attachment C).
City Manager Thompson explained that the following five governmental
entities were involved in the process: the City of Jacksonville, the
Jacksonville Fire Pension Plan, the City of Atlantic Beach, the Atlantic
Beach Fire and Pension Plan and the State of Florida. He further stated that
most of these entities were using attorneys to try to negotiate and work out
agreements because the city(City of Atlantic Beach)has a contract that says
the city will do one thing, and amendments to the contract are being
proposed. City Manager Thompson recommended that the matter be
referred to the City Attorney to work with the other participants and to come
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back with a specific recommendation.
Mayor Shaughnessy stated she was reluctant to amend the agreement, but
would favor the City Attorney working with the other entities to find a
solution. City Manager Thompson stated that due to the complexity of this
matter, it was constantly evolving, and he now felt it would be better for
the City Attorney to be involved in the process even though he had initially
recommended otherwise.
Mayor Shaughnessy inquired as to why the Pension Board Attorney was not
representing the city. City Manager Thompson stated he was involved by
representing the Pension Board.
Commissioner Mitchelson inquired if an amendment to the contract would
be required since the existing contract stated that"all assets and liabilities
of the Atlantic Beach Fire Department Plan shall be transferred..."
City Manager Thompson indicated that the answer was probably yes, but
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there were too many unknown factors at this point, for all of the money to
go to the City of Jacksonville.
The second to the motion and the motion were withdrawn by
Commissioners Borno and Mitchelson respectively.
Motion: Authorize the City Attorney to represent the City of
BEAVER X
BORNO X X
Atlantic Beach in discussions between the City of Jacksonville, MESERVE X
the Jacksonville Fire Pension Plan, the Atlantic Beach Fire and MITCHEL SON x X
Pension Plan, the State of Florida, and the City of Atlantic SHAUGHNESSY X
Beach.
There being no further discussion, the motion carried unanimously.
9.City Manager Reports and/or Correspondence:
City Manager Thompson distributed his report and commented on the
following items:
Reported that the City Manager search would move to the second
person on the list, Doug Miller, unless the Commission wished to
reconsider this item.
Reported that staff was working toward preparing an RFP for a
M S
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T C
I O Y
Minutes Page -14- ONE N
III August 23, 1999
COMMISSIONERS N D S 0
master plan for the Buccaneer and Atlantic Beach sewer. He
indicated that the city needed to look at the full system over the next
five to ten years.
Stated the proposed City Attorney contract would be placed on the
September 13, 1999 agenda for action.
Distributed new zoning maps to the Commissioners and explained
that a plastic overlay for the large map was not feasible.
Mayor Shaughnessy requested a blank piece of mylar to make an
overlay for her zoning map.
Commissioner Borno commented that the GIS enhancement
proposed in the 1999/2000 budget would allow the zoning map to
be made into overlays or projected on a screen.
Reported that the Cultural Arts Board had placed art work from
local artists in the City Hall lobby. It was further reported that the
art work was for sale and the Board would receive a percentage of
sales, but the exact amount needed clarification.
10. Reports and/or Requests From City Commissioners and City
Attorney
Commissioner Beaver
Commented relative to Item 8 in the City Manager's report and
suggested that the Jacksonville Transportation Authority(JTA) buy
Mr. Blake's property (Item 8E) and relocate the retention pond on
that site.
Commissioner Mitchelson
Stated he would like to revisit the City Manager selection process
on Wednesday, since he had some concern regarding the voting
process which had been used.
A brief discussion ensued and it was the consensus of the
Commission to move to the #2 candidate as previously selected.
0 Commissioner Meserve
M S
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T C
I 0 Y
Minutes Page -15- ONE N
4111 August 23, 1999
COMMISSIONERS N D S 0
Reported that Fleet Landing would come before the Commission
on September 13, 1999 concerning refinancing their bond issued
through the city.
Commissioner Borno
Thanked staff for the new zoning map.
Mayor Shaughnessy
Reported that the set out rate for recycling was down slightly due to
summer vacations.
Reported that the contractor for the Town Center Project had
encountered double thick concrete and was given a seven day
extension on his contract beyond the thirty day deadline to open
Atlantic Boulevard.
Reported that the City of Neptune Beach had closed First Street
without notifying the Project Oversight Committee, which changed
the traffic flow pattern originally set up for the Town Center Project.
Commissioner Meserve
Requested that the Commissioners consider voting districts and
stated he would like to have a discussion concerning the same in
the near future.
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 10:25 p.m.
du faUC yda4.4,oSuzanneShaughness
Mayor/Presiding Officer
ATTEST:
Maureen King411
0
Certified Municipal -rk
ATTACHMENT A
AUGUST 23, 1999 COMMISSION MEETING --
2\4,,,. • CITY OF
age& Vele - jleivrid..
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5800
August 19, 1999
Kathleen Feindt-Bailey, Editor
The Beaches Leader
1114 Beach Blvd.
Jacksonville Beach,Fl 32250
Dear Ms. Feindt-Bailey:
Two articles appearing in recent editions of the Beaches Leader have prompted me to express concern on
the part of our elected officials for the accuracy of the information that your newspaper is providing to the
public.
The first article of concern was the editorial in the August 13, 1999 edition that questioned why the City of
Atlantic Beach would send a three-man team to Iowa to make a job offer to a City Manager candidate. The
editorial made the assumption that the purpose of this team was to make a job offer. That was not the
intended purpose of the visit.
Atlantic Beach representatives plan to meet with community leaders, city staff, members of the news
media,and others living and working in the community with the candidate. Its purpose is to assure that the
application, resume, and background checks are accurate reflections of the candidate's work. The position
is important enough to Atlantic Beach officials that they want to double-check the candidate's background
to assure the highest quality of professionalism and character.
The second article of concern was the front page article in the August 18, 1999 edition that was headlined
AB stormwater rates due for hike." The first sentence stated,"Atlantic Beach officials hinted during a
budget workshop meeting Monday that utility rates for stormwater could be increased in the future." This
was very misleading. There was no recommendation to raise the stormwater rates, and it was discussed
that until Atlantic Beach knew what the future expenses would be, it would be premature to alter the rates.
The future demands could be higher or lower,depending on stormwater decisions.
Additionally,the statement in the fifth paragraph that Aikenhead&Odum"may deliver a conceptual
design plan later this week"was also incorrect. Aikenhead&Odum is negotiating with City staff on a
contract to perform services for a design plan. The actual plan will probably take 45 days from the
approval of the contract.
Summary: Although these errors or omissions may appear to be relatively minor,they mislead the public
and provoke a negative response. We know that you are committed to providing timely, accurate
information to our community. To that end,we respectfully request that you re-emphasize the necessity
for accuracy.
Thank you for your consideration in this matter.
Kathleen Feindt-Bailey,Editor
Page 2
August 19, 1999
Sincerely,
David E. Thompson
City Manager
cc: Mayor Suzanne Shaughnessy, Atlantic Beach
City Commission,Atlantic Beach
S
ATTACHMENT B
AUGUST 23, 1999 COMMISSION MEETING -
410 CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Request from Ragtime to Use a Portion of the Sidewalk,at 207
Atlantic Blvd. For Cafe Style Seating
DATE: August 5, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND:Ragtime would like to obtain permission from the City of Atlantic
Beach to utilize the sidewalk area at 207 Atlantic Blvd. for
sidewalk cafe style seating. When this was discussed at the
Community Development Board Meeting on July 20, 1999,
Ragtime was referred to the City Commission for this request.
Ragtime is asking the City to allow them to use City property for
their business purposes.
The City allows the use of City property for special events each
year. Ragtime is asking for the usage on an ongoing basis,which
is very different from the types of usage allowed in the past.
Although there are easements provided to private companies
providing utilities,there are no other for-profit businesses currently
allowed to operate on City property.
The City allows people to rent or lease City facilities for their
personal or professional use, and this has typically been
accomplished through written agreements. If the City is inclined to
allow for the use of the City property, staff would recommend a
contract including users fees for the use of the space.
The notes from the Community Development Board Meeting of
July 20, 1999 also include comments,both positive and negative
relative to this issue.
Staff Concerns include:
1. The sidewalks are narrow, and the outdoor seating will
hinder pedestrian traffic. Of particular concern is
handicapped access,which is already inadequate at that
110 location. Customers with tables and chairs are likely to
interfere with access to the businesses and the free passage
of pedestrians, wheelchairs,etc.
2. Consumption of alcohol outside of the building; on City
property, is prohibited by City Code. The only exception(s)
provided in the Code will not apply to Ragtime.
3. Such a change will require Ragtime to obtain proper
State licensing to allow consumption off of their premises.
4.:If table and chairs are outside,then people who bought
bricks will not be able to see them. This may result in
some public backlash to the seating.
5. The use of City Property for a restaurant to expand their
business is likely to promote other businesses to make
similar requests. The possibilities are endless once we
open the door to this type of utilization of City Property.
6. It is difficult to visualize this set up and its potential
impact on the area. I would suggest that when the
construction in the area is completed,Ragtime may want to
actually put chairs and tables out on the sidewalk to show
City officials how it will look. This would provide staff
and elected officials with a better concept of its potential
impact on the area.
7. As noted in the Community Development Board draft
minutes from July 20, 1999, some businesses nearby may
object to this change and the possible impact on their
operations.
RECOMMENDATION:Staff recommends the denial of this request at this time. If
and when further modifications are made to this area that
will resolve some of the concerns stated above,then the
matter could be reconsidered at a future date.
ATTACHMENT: Community Development Board Draft Minutes from July
20, 1999
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
July 20, 1999
7:00 P.M.
1. Call to Order
2. Approval of Minutes of Meeting on June 15, 1999
3.Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located
on Atlantic Boulevard;
b. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard;
5.DISCUSSION
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board
at the above meeting, he will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon which appeal is to be based.
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
July 20, 1999
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Sharette Simpkins r" •
Mary Walker
Pat Pillmore
Dezmond Waters fbos4sita.
AND George Worley, II, CD Director
Pat Harris
ABSENT Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 15, 1999. On motion made and seconded the minutes
were approved.
I.Application for Use-by-Exception filled by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on
Atlantic Boulevard.
Mr. Halleak introduced himself and explained that pursuant to concerns of the board
at the last meeting, he has submitted a revised site plan indicating parking spaces,
setbacks, outside storage and an on-site truck turn around at the location. He stated that
the tractor-trailer trucks delivering materials would be able to enter into the driveway along
the western edge of the property and back into the warehouse portion of the building.
After discussion, Mr. Frohwein moved to recommend approval of the Use-by-
Exception subject to outside storage being used only for raw materials and not discarded
materials, that tractor-trailer trucks only turn around within the property boundaries, and
that the exception be granted to the applicant only, for this location only. Mrs. Pillmore
seconded the motion and it passed unanimously
II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard.
Tom Morton introduced himself and stated that at the last meeting the board was
e . • concerned with some legal issues that needed to be addressed before making a
recommendation.
Rona Brinley, owner of Book Mark, introduced herself and reiterated her concerns
regarding the utilization of parking spaces located in front of her business.
The Chairman expressed concern with the proposed door opening and railings. He
stated that his observation revealed potential problems and felt it would be unwise to
recommend approval of the use-by-exception as opposed to drafting an ordinance
regarding sidewalk cafes.
Mr. Waters suggested that the applicant pursue the acquisition of adjacent property
for the purposes of additional parking.
Responding to questions from the board, Mr. Worley stated that Section 24-161
states that any deviation of parking requirements is to be handled as a use-by-exception.
After discussion, the Chairman moved that the board recommend denial of the use-
by-exception and Mrs. Walker seconded the motion.
Mr. Waters stated he did not favor sending a negative review to the City
Commission since conditions could be placed on the use such as parking and wider
walkways as well as putting an ordinance in place to deal with the concept which Atlantic
Beach is ideally suited for.
Mrs. Walker stated that she felt the street should be closed to traffic before granting
a use-by-exception. She stated that it would penalize the pedestrians. She suggested to
the applicant the idea of rooftop dining.
Mr. Morton stated that when they presented this idea they assumed there would be
issues to be addressed and felt confident they could make a valid attempt to come up with
solutions.
The Chairman suggested moving toward an ordinance allowing outside seating for
special events with closed streets.
Mr. Frohwein stated he wanted the board to send a favorable message to the City
Commission and submit to them a proposed ordinance regarding outside dining. He
expressed concern with the proper procedure to follow in this regard.
Mr. Worley stated that there should be an ordinance or formal agreement to allow
the use of public property similar to the Town Center Project. He stated that the
agreement would follow the granting of a use-by-exception.
4110 Mrs. Pillmore stated she would like to see a positive recommendation and
suggested the Chairman withdraw the motion and start over.
0 . • Mrs Walker concurred with a presenting a positive recommendation to the City
Commission but stated that there are some barriers that cannot be overcome until
someone builds the sidewalk out or the street is closed to traffic.
The Chairman stated he would be willing to stipulate concerns that the board has
and relate to the City Commission that they like the idea as a practical matter but
recommends denial of the request but at the same time to encourage proceeding with an
ordinance.
The Chairman withdrew his motion with the preface that he likes the idea of cafe-
style sidewalk seating which would be compatible with the ambience of this particular
location but has concerns with the way the use-by-exception is designed and because of
certain constraints on this location. He moved that the application for use-by-exception
to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner
of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be
denied. Furthermore, his concerns raised by the neighboring business, specifically, Book
Mark, the design of the proposal regarding the hazards of limiting accessibility by
pedestrian and vehicular traffic, and the use of City property. Mrs. Walker seconded the
motion.
Mr. Waters stated that there is no private property in front of Ragtime and the City
needs to leave unimpeded the bricks with citizens names located on the sidewalk.
Mr. Jensen stated that the last thing needed is another ordinance on the books. He
stated that the City does agreements with various entities for use of public property, city
rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the
applicant is seeking a very limited, isolated instance. He stated that the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly a use-by-exception for parking and additional tables.
He stated the applicant would have to go to the City Commission any way to seek
permission to use publicly owned property which would be accomplished by agreement or
resolution.
After discussion, Mr. Wolfson withdrew his motion and made a new motion to
recommend to-the City Commission that the use-by-exception to the parking requirements
for Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and
Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker
seconded the motion.
Mrs. Pillmore stated that she would like the information regarding possible planning
and coordinating with Town Center attached to the recommendation to the City
Commission.
Mr. Waters voiced his objection with the way the recommendation ended up this
evening because the applicant would not be able to present the motion again for a period
of one year.
Responding to a question raised by Mr. Frohwein, Mr. Worley stated thatthe owner
could place 32 seats and some tables outside on his property and serve lunch and dinner
without the use-by-exception.
Mr. Frohwein stated he opposed the motion as made.
Mr. Jensen stated that he thought it advisable for the City Commission to consider
the use-by-exception and resolution or agreement at the same time.
The applicant expressed his concern that the City Commission would not hear the
positive suggestions made at this meeting. He stated he would feel more comfortable
having a positive recommendation from this board an not just a recommendation for denial
of the requested use-by-exception.
Mr. Waters stated that he did not understand why the applicant could not go straight
to the City Commission requesting an ordinance establishing the concept in the city.
On request from Mr. Frohwein the chairman polled the members and the result was
4-2 in favor of recommending denial of the use-be-exception with Mr. Frohwein and Mr.
Waters opposed.
The Chairman explained to the applicant that he could withdraw his application atpPppP
this meeting or at the City Commission meeting. He further explained that even with the
vote for denial the applicant can still work toward the resolution with the City and present
the whole concept at that meeting.
Mr. Waters questioned whether the board could grant an exception for parking for
one year only.
The Chairman read Section 24-63(6) which states that the City Commission may
as a condition to the granting of an application for permit impose such conditions,
restrictions or limitations in the use of the premises or upon the use of the premises as
requested in the application as the City Commission may deem appropriate.
After discussion, Mrs. Pilimore moved to call the vote of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote of
4 - 2 with Mr. Frohwein and Mr. Waters dissenting.
The Chairman requested each member complete their findings of fact worksheets
and turn them in to the Recording Secretary.
111 DISCUSSION
a. Traffic Patterns in Old Atlantic Beach (0—e__J-
Mr.Worley stated that the board was furnished copies of the straffic study by the
City which addressed traffic flow and parking and which was intended to address parking
problems. He stated that the study branched out to include traffic patterns and offered
some possible solutions including re-routing of traffic by creating one-way streets and
certain traffic calming techniques. As a result of a one-way street questions from a City
Commissioner last month, the City Manager has provided them a written response and a
copy of that response was also furnished to the board members. He stated he also had
color photographs from the traffic study if anyone needed to see them.
Mrs. Pillmore stated she felt that the study was not presented to the board from a
neutral position but that the report had been conducted without interaction to change. She
stated she would rather have seen the report suggest possible changes and solutions that
the City needs to work out. She stated she felt that there are solutions and they should be
tested, specifically, one-way streets.
Mr. Frohwein suggested that slowing down the speed with regulatory signs might
divert traffic in a different direction to roads that have a higher speed limit such as East
Coast Drive and Ocean Boulevard. He requested feedback from staff and other board
members. He stated that this is the third time this board has discussed traffic flow and no
recommendations have been made.
Mr. Worley stated that he did not believe that a significant traffic reduction could be
achieved by reducing the speed limit. He stated that half of speeding complaints he has
heard involve Beach Avenue because there are so many pedestrians.
Mr. Wolfson requested staff submit the matter to the Public Safety Department for
recommendations and weighted solution.
Mrs. Walker stated she could not make a recommendation until she has seen the
numbers on the matter.
Mrs. Pillmore stated that the angle parking at Adele Grage Community Center was
an excellent idea.
Mr. Wolfson suggested that Town Center designate angle parking between Ahern
and First Street and paint and stripe it accordingly.
After discussion regarding suggestions and solutions the consensus of the board
was to conduct a survey to ascertain various problems and possible solutions
Mr. Frohwein stated that the survey should address which areas want traffic
calming.
a. Continued Review of Zoning Ordinance
The board agreed to meet at 6:00 p.m., August 17, 1999 to continue their discussion
of the zoning ordinance.
Mr. Worley reported that the new zoning maps were being prepared and would be
furnished to the board upon their receipt.
Mr. Worley stated he would prepare a draft letter to the City Commission
recommending a meeting of Neptune and Atlantic Beaches regarding parking and
transportation to and from Town Center.
The Chairman reported that Mr. Grunthal has asked that he be replaced and asked
the members for any recommendations they may have.
The Chairman requested staff place on the agenda for the next meeting a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to a lack of communication with JTA ruled out
potential designs for the Mayport Flyover including a clover leaf design. He stated that the
City was not involved with any meetings or discussions,
The Chairman also shared with the members an account of various meetings and
discussions with JTA and their proposals regarding mass transit, bus station location and
a trolley for Town Center, Mayport and the Beaches.
There being no further business to come before the board the meeting was
adjourned.
SIGNED
ATTEST
111
doll..pTh
tir;
1g - fi
1. 14
TAVERN•SEAFOOD
GRILL:
207 ATLANTIC BLVD
ATLANTIC BEACH
LORIDA •`I 1 I 1 I (1904) 2':41 17877
32233"'
July 23, 1999
City Commission
City of Atlantic Beach
Commissioners:
This is a request to allow temporary usage of a portion of the sidewalk affronting Ragtime
Tavern, located at 207 Atlantic Blvd., Atlantic Beach FL. The reasons for this request are
as follows:
To permit Ragtime to place tables and chairs in this area for the purpose of providing food
and beverage service to restaurant patrons. Please note: the location and exact
configuration of tables is flexible, and can be adjusted to address any concerns that may
arise in the commissions' consideration of this request. Those concerns may include,but
are not limited to: (1) providing safe and adequate public access over the existing
sidewalk, (2) minimizing any negative impact on neighboring businesses, (3) limiting hours
of operation for the use of this area, (4) considering design elements that compliment and
enhance the existing Town Center redevelopement project,( i.e.: umbrella colors, plant and
railing dividers to define usable area, etc.).
In making this request, it is agreed:
1. To defend, indemnify, and hold harmless the City of Atlantic Beach,its officers, agefits,
and employees from any and all claims for damages for injuries to persons or property
related to or arising out of the temporary use.
2. To vacate the property and temporary.use upon reasonable notice from the City to do
so.
3. To address and incorporate any restrictions or requirements requested by the City
Commission prior to occupying the designated area.
We would like to request that this matter be considered in conjunction with the
Commissions review of our application for a"Use by Exception"to the parking'
requirements, that was heard before the Community Developement Board on July
20,1999. We additionally would like to request that both of these matters be scheduled on
your agenda no earlier than the August 23,1999 City Commission Meeting.
4 Ci',n ^,
Please address any correspondence to:
Ragtime Tavern
207 Atlantic Blvd:
Atlantic Beach,FL 32233
Sincerely,
Bill Morton
7 . A-47-ik..
Tom Morton
For Ragtime Tavern and Big River Breweries, inc.
0
JV' •._:VU Y P.04
Please Type or Print in Ink
Application Fee $100.00
APPLICATION FOR USE BY EXCEPTION"
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Date Filed: 401_1,9
vIt1'1 X999
Name and Address: of Owner or Tenant in Poseeesion of Premises:
CityBuio{ f At(an'C eaCf1ZIGg.w L SR.owEk.1G5 nuc. 1rJ10o-16 '(.hu(Lr
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Prrfs.) jd i 140(LT-ow f itt.mJ/Lr
Nome: 333 ,Z 1
Street addreee and legal deaoription of the premises as to which the 'Uee
by Exception' is requested:
7o7 _ARA MI Ic 13l,v9I /kTLA1.JTrc, B ,cI-11 Ft_ 3Z3-33LE&A- '. 1b - 2S -Z9E USP3
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9-
A description of the "Use by Exception" desired, which shall specificallyendparticularlydescribethetype,
character and extent of the proposedUsebyExceptions,
Ve bkt eKcPpjgovl Is retu,esfe 1 It' allow CA-ft St? Side tccclk_
euil lq fron ln4 illQht(G eivci.tk Sidewalk ih FortJ
r of ila fi wvte"TavernIV:e. etahk stcte Rio ((L -1-40v4 proQnocg wa dee acconoda{-z 3 ' a dd 1 f 1ortA I ,eafs
YurLr tn-1,LYtLU i_ _ _ r k1 v1)_
is Q(Sv ' tcuoled -
rer utrEv (5 ,; r add,i(MQQ S2a1 .J
Specific reaeone why the applicant feels. the request should be granted:OULfCtoor reStakramf sezfirvl_c_ tAhII )2e et. Cit.& ctb-et Qctarf ury,fp 'lh.e_ am, b cQ Rf outf hewli- S1Yeel ScupP4 i'Uukt Ceoftafect .
Zoning Classification: C.
igibtl,„. k ic
Signature of applicant/applicant's
t f_
authorizedpropertritagenturofofnewof
betf:
e
roceeeed
agent or attorney,
without
o nnotigprocessedincludeletter
without owners signature.from applicant to that effect.
1110
Applicant: Do not'fill-in beyond this point. However, be prepared to
respond to the following items:
FIHDINg6 OF FACT
1. Ingress and agrees to property and proposedstructuresisadequate. Particular reference is
YES HO
made to automotive and pedestrian safety andconvenience, traffic flow and control and accessincaseofcatastrophes
2. Off-street parking and loading is adequate.Particular attention is paid to the items in i.above and the economic, noise, glare and odoreffect's of the special exception on adjoiningpropertiesandpropertiesgenerallyinthedistrict;1
3. Locations of refuse and service areas arecompatiblewithsurroundingpopartiesandareeasilyaccessible.
4. Locations, availability and compatibility ofutilitiesareadequate.
S. Type, dimensions and character of screeningandbufferingareadequate.
6. Signs and proposed exterior lighting, withreferencetoglareendtrafficsafety, are inharmonyandarecompatiblewithotherpropertiesinthedistrict.
7. Required yards and other open spaces areadequate.
O. The us• is generally compatible with adjacent
properties and other property in the district.
COMMUNITY DEVELOPMENT HOARD RSPORT AND RECOMMENDATIONSt
I
ACTIONS 'SY THE CITY COMMISSION,
11111
TAVERN•SEAFOOD
GRILL
207 ATLANTIC BLVD.
ATLANTIC BEACH
FLORIDA I32233 I I I I I III 9 0,41) 214 1 -178771
April 22, 1999
Mr. David Thompson
City Manager
City of Atlantic Beach
Dear Chief Thompson:
Thank you for taking the time to research and discuss our idea of adding sidewalk café style
seating at Ragtime. At this time I am requesting consideration of this idea by the City of
Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of
cities large and small all over the world I have enclosed some materials,which illustrate a
similar situation worked out by Big River Breweries and the City of Chattanooga,Tennessee.
As you may know. Big River is the parent company to Ragtime Tavern since Jarmary 1998.
To my mind the key to this arrangement is the granting of temporary and provisional use of
the sidewalk to Big River by the City. This allows the city to terminate the permission at any
time with reasonable notice. Furthermore, the sidewalk seating and service areas are
implemented without any permanent fixtures.
As we discussed, the addition of sidewalk seating would be an enhancement to the Town
Center area For more than fifteen years Ragtime has been instrumental in enhancing both the
quality of life and environment in our community,and we feel this project would be an
appropriate addition in those areas. After reviewing this information please contact me at
Your convenience so we may determine how to take the next step. Thanks again for your
consideration on this matter.
Sincerely,
Tom Morton
For Ragtime Tavern and Big River Breweries, Inc.
1110
1
I
Ragtime Tavern
I
t•
ISTING COVERED SIDEWALK
llt
t
O,,,,,\\,
EXISTING BRICK PAVERS
e 3 1
j
8 TABLES WITH CANVAS UMBRELLAS
tiff'Pt,/.
r
4 PARKING SPACES(EXISTING)
IRKING(EXISTING)
i
RAGTIME TAVERN
I ATLANTIC BLVD.
2/, e.
SEAL r City ®f Chattanooga
May 20, 1998
Mr. John A. Leonard
Big River Breweries, Inc.
100 East 10th Street, Suite 600
Chattanooga, Tennessee 37402
Re: Request for Temporary Usage
Dear Mr. Leonard:
The City Council has approved your request for temporary usage of the sidewalk at 222
Broad Street for placing a few tables and chairs thereon without causing inconvenience to
sidewalk pedestrians, subject to certain conditions.
Enclosed is a copy of Resolution No. 21789 for your records. Please note the conditions
to this usage that are contained in the Resolution. Also enclosed is a copy of the
Indemnification Agreement.
If we may be of further service, please let us know.
Sincerely,
OlD. Wilkinson, 'r.,P.E.
City Engineer
JDW:ch
Enclosures 2
Department of Public Works
Suite 210, City Hall 37402 • (423) 757-5110
Fax: (423) 757-0586
1111 RESOLUTION NO.21789
A RESOLUTION AUTHORIZING BIG RIVER BREWERIES,
INC. TO USE TEMPORARILY THE SIDEWALK AT 222
BROAD STREET FOR PLACING A FEW TABLES AND
CHAIRS THEREON WITHOUT CAUSINGSUBJECT
INCONVENIENCEOVENIOENCEAIO
SIDEWALK PEDESTRIANS,
CONDITIONS .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHATTANOOGA, TENNESSEE, that Big River Breweries, Inc .
hereinafter referred to as "Temporary User" ) be and is hereby
permitted to use temporarily the sidewalk at 222 Broad Street for
placing a few tables and chairs thereon without causing
inconvenience to sidewalk pedestrians ;
BE IT FURTHER RESOLVED, that said temporary usage shall
be subject to the following conditions :
1 . Temporary User shall execute the
Indemnification
Agreement attached hereto in favor of the City of Chattanooga, its
officers, agents and employees for any and all claims for damages
for injuries to persons or property related to or arising out of
the temporary usage .
2 . Temporary User agrees to vacate the property and
temporary use upon reasonable notice from the City to do so.
3 . Temporary User shall provide
adequate access for
maintenance of any utilities located within the easement .
4111
4 . Temporary User shall have obtained approval of the
City Engineer and City Traffic Engineer prior to the commencement
of construction.
ADOPTED: May 12 , 1998
cjc
2 -
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is entered into by and
between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
City" ) , and BIG RIVER BREWERIES, INC. (hereinafter "Temporary
User" ) , this 17th day of May 1998 .
For and in consideration of the granting of the
temporary use of the sidewalk at 222 Broad Street for placing a
few tables and chairs thereon without causing
inconvenience to
sidewalk pedestrians, and for other good and valuable
consideration, the receipt of which is hereby acknowledged,
Temporary User agrees as follows :
1 . Temporary User will defend, indemnify, and hold
harmless the City of Chattanooga, Tennessee, its officers, agents
and employees from any and all claims for damages for injuries to
persons or property related to or arising out of the afore-
mentioned temporary use, subject to the terms and limitations of
the Tennessee Claims Commission Act , T.C .A. §§ 9-8-301, et seq.
2 . Temporary User will vacate the property and
temporary use upon reasonable notice from the City to do so; the
parties hereto agree that "reasonable notice" shall be deemed to
be thirty (30) days . Temporary User will restore the property to
its original condition when it is returned to the City.
410 3
3 . Temporary User will provide adequate access for
maintenance of any utilities located within the easement .
BIG RIVER BREWERIES, INC.
y /
1 /95 g
Date
CITY OF CHATTANOOGA, TENNESSEE
BY: 41101110 L.
00prI Y, May.
Date
1111 4
1i.- Z5- 99
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Request for Use-by-Exception for Ragtime
DATE: August 5, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: Ragtime Restaurant has requested permission to utilize the
sidewalk area outside of their restaurant for a sidewalk cafe type of
seating. They would like to serve food and beverages (including
alcoholic beverages)to customers who will be seated at tables on
the sidewalk. This expansion requires that the Ragtime Restaurant
identify additional parking to accommodate the increased seating,
or obtain a Use-by-Exception.
This issue was brought before the Community Development Board
1111 on July 20, 1999 to deal with the parking requirements of the code.
Ragtime requested a Use-by-Exception to waive the parking
requirement,and the Community Development Board voted to
deny it.
The draft minutes of that meeting are attached to this report for
Commission review. The notes articulate support and opposition
from various people relative to the idea of the cafe style seating.
From a staff perspective, staff recommends the acceptance of the
Community Development Board recommendation.
RECOMMENDATION: Staff recommends the denial of this request, consistent with the
Community Development Board's Recommendation.
ATTACHMENT: Agenda and Draft Minutes of the July 20, 1999 Community
Development Board Meeting
REVIEWED BY CITY 1W,ANAGER:74
AGENDA ITEM NUMBER:
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
July 20, 1999
7:00 P.M.
1.Call to Order
2. Approval of Minutes of Meeting on June 15, 1999
3. Recognition of Visitors
4.OLD BUSINESS
a. Application for Use-by-Exception filed by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located
on Atlantic Boulevard;
b. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard;
5.DISCUSSION
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board
at the above meeting, he will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon which appeal is to be based.
r
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
July 20, 1999
7:00 P.M.
CITY HALL
4
PRESENT Don Wolfson
Robert Frohwein ws , `+
Sharette Simpkins
Mary Walker
Pat Pillmore Y;
Dezmond Waters
AND George Worley, II, CD Director
Pat Harris
ABSENT Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 15, 1999. On motion made and seconded the minutes
were approved.
I.Application for Use-by-Exception filled by Assad Halleak to operate a retail
tile and stone business at property owned by Bobby and Pauline Boeneke known as Part
of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on
Atlantic Boulevard.
Mr. Halleak introduced himself and explained that pursuant to concerns of the board
at the last meeting, he has submitted a revised site plan indicating parking spaces,
setbacks, outside storage and an on-site truck turn around at the location. He stated that
the tractor-trailer trucks delivering materials would be able to enter into the driveway along
the western edge of the property and back into the warehouse portion of the building.
After discussion, Mr. Frohwein moved to recommend approval of the Use-by-
Exception subject to outside storage being used only for raw materials and not discarded
materials, that tractor-trailer trucks only turn around within the property boundaries, and
that the exception be granted to the applicant only, for this location only. Mrs. Pillmore
seconded the motion and it passed unanimously
II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard.
dwas
Tom Morton introduced himself and stated that at the last meeting the boar
concerned with some legal issues that needed to be addressed before making a
recommendation.
Rona Brinley, owner of Book Mark, introduced herself and reiterated her concerns
regarding the utilization of parking spaces located in front of her business.
The Chairman expressed concern with the proposed door opening and railings. He
stated that his observation revealed potential problems and felt it would be unwise to
recommend approval of the use-by-exception as opposed. to drafting an ordinance
regarding sidewalk cafes.
Mr. Waters suggested that the applicant pursue the acquisition of adjacent property
for the purposes of additional parking.
Responding to questions from the board, Mr. Worley stated that Section 24-161
states that any deviation of parking requirements is to be handled as a use-by-exception.
After discussion, the Chairman moved that the board recommend denial of the use-
by-exception and Mrs. Walker seconded the motion.
Mr. Waters stated he did not favor sending a negative review to the City
Commission since conditions could be placed on the use such as parking and wider
walkways as well as putting an ordinance in place to deal with the concept which Atlantic
Beach is ideally suited for.
Mrs. Walker stated that she felt the street should be closed to traffic before granting
a use-by-exception. She stated that it would penalize the pedestrians. She suggested to
the applicant the idea of rooftop dining.
Mr. Morton stated that when they presented this idea they assumed there would be
issues to be addressed and felt confident they could make a valid attempt to come up with
solutions.
The Chairman suggested moving toward an ordinance allowing outside seating for
special event with closed streets.
Mr. Frohwein stated he wanted the board to send a favorable message to the City
Commission and submit to them a proposed ordinance regarding outside dining. He
expressed concern with the proper procedure to follow in this regard.
Mr. Worley stated that there should be an ordinance or formal agreement to allow
the use of public property similar to the Town Center Project. He stated that the
agreement would follow the granting of a use-by-exception.
Mrs. Pillmore stated she would like to see a positive recommendation and
suggested the Chairman withdraw the motion and start over.
Mrs Walker concurred with a presenting a positive recommendation to the City •
Commission but stated that there are some barriers that cannot be overcome until
someone builds the sidewalk out or the street is closed to traffic.
The Chairman stated he would be willing to stipulate concerns that the board has
and relate .to the City Commission that they like the idea as a practical matter but
recommends denial of the request but at the same time to encourage proceeding with an
ordinance.
The Chairman withdrew his..motion with the preface that he likes the idea of cafe-
style sidewalk seating which would be compatible with the ambience of this particular
location but has concerns with the way the use-by-exception is designed and because of
certain constraints on this location. He moved that the application for use-by-exception
to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner
of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be
denied. Furthermore, his concerns raised by the neighboring business, specifically, Book
Mark, the design of the proposal regarding the hazards of limiting accessibility by
pedestrian and vehicular traffic, and the use of City property. Mrs. Walker seconded the-
motion.
Mr. Waters stated that there is no private property in front of Ragtime and the City
410
needs to leave unimpeded the bricks with citizens names located on the sidewalk.
Mr. Jensen stated that the last thing needed is another ordinance on the books. He
stated that the City does agreements with various entities for use of public property, city
rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the
applicant is seeking a very limited, isolated instance. He stated that the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly a use-by-exception for parking and additional tables.
He stated the applicant would have to go to the City Commission any way to seek
permission to use publicly owned property which would be accomplished by agreement or
resolution.
After discussion, Mr. Wolfson withdrew his motion and made a new motion to
recommend to the City Commission that the use-by-exception to the parking requirements
for Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and
Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker
seconded the motion.
Mrs. Pillmore stated that she would like the information regarding possible planning
and coordinating with Town Center attached to the recommendation to the City
Commission.
Mr. Waters voiced his objection with the way the recommendation ended up this
evening because the applicant would not be able to present the motion again for a period
of one year.
Responding to a question raised by Mr. Frohwein, Mr. Worley stated that the owner
could place 32 seats and some tables outside on his property and serve lunch and dinner
without the use-by-exception.
Mr. Frohwein stated he opposed the motion as made.
Mr. Jensen stated that he thought it advisable for the City Commission to consider
the use-by-exception and resolution or agreement at the same time.
The applicant expressed his concern that the City Commission would not hear the
positive suggestions made at this meeting. He stated he would feel more comfortable
having a positive recommendation from this board an not just a recommendation for denial
of the requested use-by-exception.
Mr. Waters stated that he did not understand why the applicant could not go straight
to the City Commission requesting an ordinance establishing the concept in the city.
On request from Mr. Frohwein the chairman polled the members and the result was
4-2 in favor of recommending denial of the use-be-exception with Mr. Frohwein and Mr.
Waters opposed.
The Chairman explained to the applicant that he could withdraw his application atPPPPP
this meeting or at the City Commission meeting. He further explained that even with the
vote for denial the applicant can still work toward the resolution with the City and present
the whole concept at that meeting.
Mr. Waters questioned whether the board could grant an exception for parking for
one year only.
The Chairman read Section 24-63(6) which states that the City Commission may
as a condition to the granting of an application for permit impose such conditions,
restrictions or limitations in the use of the premises or upon the use of the premises as
requested in the application as the City Commission may deem appropriate.
After discussion, Mrs. Pillmore moved to call the vote of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote of
4 - 2 with Mr. Frohwein and Mr. Waters dissenting.
The Chairman requested each member complete their findings of fact worksheets
and turn them in to the Recording Secretary.
DISCUSSION
a. Traffic Patterns in Old Atlantic Beach (6__i ege_ig;)
Mr. Worley stated that the board was furnished copies of the straffic study by the
City which addressed traffic flow and parking and which was intended to address parking
problems. He stated that the study branched out to include traffic patterns and offered
some possible solutions.including re-routing of traffic by creating one-way streets and
certain traffic calming techniques. As a result of a one-way street questions from a City
Commissioner last month, the City Manager has provided them a written response and a
copy of that response was also furnished to the board members. He stated he also had
color photographs from the traffic study if anyone needed to see them.
Mrs. Pillmore stated she felt that the study was not presented to the board from a
neutral position but that the report had been conducted without interaction to change. She
stated she would rather have seen the report suggest possible changes and solutions that
the City needs to work out. She stated she felt that there are solutions and they should be
tested, specifically, one-way streets.
Mr. Frohwein suggested that slowing down the speed with regulatory signs might
divert traffic in a different direction to roads that have a higher speed limit such as East
Coast Drive and Ocean Boulevard. He requested feedback from staff and other board
members. He stated that this is the third time this board has discussed traffic flow and no
recommendations have been made.
Mr. Worleystated that he did not believe that a significant traffic reduction could beg
achieved by reducing the speed limit. He stated that half of speeding complaints he has
heard involve Beach Avenue because there are so many pedestrians.
Mr. Wolfson requested staff submit the matter to the Public Safety Department for
recommendations and weighted solution.
Mrs. Walker stated she could not make a recommendation until she has seen the
numbers on the matter.
Mrs. Pillmore stated that the angle parking at Adele Grage Community Center was
an excellent idea.
Mr. Wolfson suggested that Town Center designate angle parking between Ahern
and First Street and paint and stripe it accordingly.
After discussion regarding suggestions and solutions the consensus of the board
was to conduct a survey to ascertain various problems and possible solutions
Mr. Frohwein stated that the survey should address which areas want traffic
calming.
a.Continued Review of Zoning Ordinance(
The board agreed to meet at 6:00 p.m., August 17, 1999 to continue their discussion
of the zoning ordinance.
Mr. Worley reported that the new zoning maps were being prepared and would be
furnished to the board upon their receipt.
Mr. Worley stated he would prepare a draft letter to the City Commission
recommending a meeting of Neptune and Atlantic Beaches regarding parking and
transportation to and from Town Center.
The Chairman reported that Mr. Grunthal has asked that he be replaced and asked
the members for any recommendations they may have.
The Chairman requested staff place on the agenda for the next meeting a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to a lack of communication with JTA ruled out
potential designs for the Mayport Flyover including a clover leaf design. He stated that the
City was not involved with anymeetings or discussions,
The Chairman also shared with the members an account of various meetings and
discussions with JTA and their proposals regarding mass transit, bus station location and
0 a trolley for Town Center, Mayport and the Beaches.
There being no further business to come before the board the meeting was
adjourned.
SIGNED
ATTEST
III
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ATTACHMENT C
AUGUST 23, 1999 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Fire Contract with City of Jacksonville -Pension Funding
SUBMITTED BY: City Manager David Thompson
DATE: August 18, 1999
BACKGROUND: Effective June 1, 1999, fire services, and fire employees, were
transferred to the city of Jacksonville.
Based upon legal actions required, the Fire Pension Plan has not
been terminated and assets have not been transferred to the City of
Jacksonville.
Initially, the City of Jacksonville indicated that assets of the Atlantic
Beach(AB)Fire Pension Plan were sufficient to fully fund the
transfer and there may be a small shortage of AB funding;however,
it was so insignificant that Jacksonville did not consider this
shortage" as long as the City of Atlantic Beach transferred all
assets to their Plan. However, based upon a review by the AB
pension plan actuaries, it has been determined that the Fire Pension
Plan may have funds that exceed those necessary to fully fund
pension entitlements for retired/vested fire plan participants and for
active fire employees transferred to Jacksonville. This amount may
be as much as $300,000.
Florida Statutes 175.361 states that when a Pension Plan is
terminated, surplus funds will be divided"proportionately"
between the plan sponsor(city of AB) and the State based upon the
total contributions made by the City and the funds received from
the State.
OPTION 1:If allowed by the State, transfer all assets of the Fire Pension Plan
to the City of Jacksonville.
The current agreement states that"All assets and liabilities of the
Atlantic Beach Fire Department Plan existing as of the date of the
merger, (approximately 1.5 million dollars) shall be transferred on
the date of the merger to the Fund." Note: The Fund is the
Jacksonville Police and Fire Fund.
111 Since the agreement was signed, the City of Jacksonville has made
a decision to allow all Jacksonville Fire employees that ever worked
for the City of Atlantic Beach to buy back their Atlantic Beach fire
service time within the Jacksonville Police and Fire Pension Plan.
Prior AB employees will pay the employee contribution portion for
their period of Atlantic Beach service, i.e., 7%, with the Fund
responsible for the difference. Based upon this additional expense,
the City of Jacksonville is requesting that the City of Atlantic Beach
transfer all assets of the AB Fire Pension Plan.
OPTION 2.Amend current agreement with the City of Jacksonville.
If the Commission does not desire to transfer all assets of the AB
Fire Pension Plan to the City of Jacksonville, the current agreement
needs to be changed to indicate that the City of Atlantic Beach
Employees Retirement Plan will transfer to the Jacksonville Police
and Fire Pension Plan, all liabilities of the Firefighters' portion of
the Retirement Plan. However, only those assets of the plan
necessary to fully fund the actuarial accrued liability for the Atlantic
Beach Firefighters under the Jacksonville Plan shall be transferred -
not all assets.
FUNDING:Funds for whichever option is selected are currently within the Fire
portion of the City of Atlantic Beach Employees Retirement Plan.
RECOMMENDATION: That Commissioner approve Option 2.
CITY MANAGER: it