07-09-90 v MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, JULY 9, 1990 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
Adelaide R. Tucker and
John W. Weldon, Commissioners
M S
AND: Kim D. Leinbach, City Manager 0 E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of June 25,
1990 Cook x
Edwards x x
Motion: Approve minutes of regular meeting of June 25, 1990 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
Mayor Gulliford announced that the Atlantic Beach Little League
nine- and ten-year-olds had won the Florida State Championship and
displayed the trophy which had been presented to them. They will
now proceed to the Southeast Regional Championships and the Mayor
said he hoped the city could sponsor some kind of function to
recognize their accomplishments.
2. Recognition of Visitors:
Suzanne Shaughnessy, representing the Oceanwalk Association,
presented a petition urging the installation of sidewalks/bike
paths on Seminole Road, copy of which is attached hereto and made a
part hereof. She said a petition with a few signatures had
previously been presented, but this one was representative of the
entire Oceanwalk community.
Mayor Gulliford said the city was aware of the need for sidewalks/
bike paths in this area and had established the installation of
same as a priority, along with Plaza. He said a committee is
working on this and when the City Engineer is on board it is hoped
he will be able to work on this project and get it ready to go out
to bid. He indicated this could be funded from gas tax revenues
and would be considered in the budget for the upcoming year.
Mike Kring, 211 Pine Street, said during the Comprehensive Plan
hearings he had asked the city to consider the installation of bike
paths, and since the city had identified the need for bike paths
and considered them a priority, he hoped the city would make use of
the expertise available through the Metropolitan Planning
Organization's bicycle coordinator, Mr. Lee Smith, to develop the
plan.
PAGE TWO V V
MINUTES NAME OF
JULY 9, 1990 COMMRS. M S Y N
J.C. Green, 2233 Seminole Road #8, addressed the City Commission on
behalf of Ocean Village Association. He said the developers of
Tiffany by the Sea had removed trees without first obtaining a
permit, which resulted in a Stop Work order being placed on the
project. Subsequently, a permit for the removal of additional
trees for ingress and egress was issued by the designee of the Tree
Conservation Board. Construction has not yet begun and the
property is now overgrown with tall weeds and Mr. Green requested
the city contact the developers and request they comply with the
city's weed control ordinance. The Code Enforcement Officer was
instructed to follow up on this.
3. Appearances
A. Resource EAP on behalf of Northeast Florida Council on
Alcoholism and Drug Abuse, Inc. requests a donation of $100 to
defray the cost of adding one additional staff member to the
NEFCADA organization
Since no representative of Resource EAP was in attendance, no
action was taken on this request for donation.
4. Consent Agenda
A. Change Order No. 14 on Section H Improvement Project to
incorporate changes due to the relocation of Lift Station No.
1, representing a net decrease of $4,581.00
B. Change Order No. 17 on Section H Improvement Project to change
the size of sewer pipe to avoid conflict between sewer and
23" EFM, representing a net increase of $1,240.00
C. Acceptance of sanitary sewer line on First Street between
Jasmine and Camelia Streets, and Ninth Street between Orchid
Street and Mayport Road Cook x
Edwards x
Motion: Approve passage of Consent Agenda Tucker s
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
5. New Business:
A. Request transfer of funds within Parks and Recreation
Department
Parks and Recreation Director Blanchard requested approval to use
the balance of funds in her Capital Improvements budget to clear
the recently acquired land adjacent to Donner Park and plant trees
in the area of the playground in that park. She said she had
received an estimate of $5,000 for underbrushing the land and had
also received quotes for trees of various species and sizes.
After brief discussion, Ms. Blanchard was authorized to proceed to
invite bids for removal of the underbrush, but it was felt it would
PAGE THREE V V
MINUTES NAME OF
JULY 9, 1990 COMMRS. MSYN
be prudent to wait until a proposed design for the park had been
established in order to avoid the possibility of having to relocate
any of the trees at a future date. Commissioner Edwards felt it
would be better to plant the trees later in the year when the
weather was cooler. Cook x
Edwards x x
Motion: Authorize solicitation of bids for land clearing at Tucker x
a budget not to exceed $5,000 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
Finance Director Royal said he would prefer to wait until after the
bids had been received before doing the budget adjustment and the
City Commission concurred in this request.
Commissioner Tucker requested that the balance of funds be
allocated for the purpose of capital improvements in the parks, and
Finance Director Royal said it had already been allocated for park
improvements.
B. Discussion with related action regarding the request an
ordinance be written regarding fee for use of police vehicles on
off-duty details
Chief Thompson explained a number of businesses and individuals
hire off-duty police officers, many of which involve the use of a
patrol car. Police officers are paid directly by such entities for
their services, however, no compensation has been made to the city
for the use of the patrol cars. He suggested a fee schedule be
established for such occasions.
Mayor Gulliford asked whether any hold harmless agreements or
liability insurance had been provided to protect the city in the
use of police vehicles. Commissioner Weldon said twenty events
requiring off-duty police officers and police cars had been
requested for July. He said he supported Chief Thompson in this
matter and asked whether an ordinance was necessary. The City
Manager explained charges for other city vehicles and equipment
were provided in the city code but he would prefer that the code
refer to a resolution wherein the City Commission could establish
fees and review them annually. Chief Thompson said various
questions regarding administration, liability, Workers Compensation
and payment of fees were being considered.
Motion: Authorize City Manager and Police Chief to negotiate
the use of police cars in those events where they Cook x x
feel the safety factor would require the utilization Edwards x x
of police cars in conjunction with the off-duty Tucker x
police officer, and also, authorize the City Manager Weldon x
and Police Chief to attempt to negotiate hold Gulliford x
harmless agreements and insurance coverage where
possible, and set a flat fee of $25.00 per car per
event
PAGE FOUR V V
MINUTES NAME OF
JULY 9, 1990 COMMRS. MSYN
In discussion before the vote, Commissioner Weldon suggested this
matter be discussed with the city's insurance carrier before
entering into any agreement. Commissioner Cook said he would
prefer that the fee schedule be on an hourly basis. The question
was called and the motion carried unanimously.
6. City Manager reports and/or correspondence
A. Report on rumble strips by Chief David Thompson
Chief Thompson reported that in general, the Police Department
opposed the use of rumble strips as a means of traffic control,
their purpose being to alert drivers to upcoming traffic hazards.
He said rumble strips which are large enough to cause traffic to
slow down could become a liability to the city because of the
possibility of damage to cars. The Police Department would prefer
to monitor traffic speeds and write citations where necessary.
Because of the number of traffic accidents at Royal Palm Drive and
Plaza, and the failure of all other measures tried, rumble strips
were installed on Royal Palm Drive, but Chief Thompson said he knew
of no other location in the city that had such a history of
accidents. Chief Thompson reported traffic analysis of Sailfish
Drive had shown the average speed to be 22.8 MPH which he did not
feel would justify the installation of rumble strips. Regarding
the north end of Beach Avenue, Chief Thompson said the pavement is
in very poor condition and recommended reviewing the matter again
after the roadway has been improved.
The City Manager reported he and Finance Director Royal had met
with Burton and Associates to negotiate an agreement for Financial
Consultant services for the city. He hoped to have an agreement
ready for City Commission approval at the next meeting.
The City Manager confirmed that the City Commission had received in
their agenda packets a status report regarding Change Orders on the
Section H project.
7. Mayor to call on City Commissioners, City Attorney and City Clerk:
A. Report on location of Alice Wilson
City Attorney Jensen reported he had located Alice Wilson, owner of
Lot 16, Block 1, Donner's Replat #2. He said she is interested in
selling this property to the city and noted that an adjoining lot
had been assessed at $3,600. He asked the wishes of the
Commission.
Motion: Authorize the City Attorney to offer up to $3,600 Cook x x
for the purchase of Lot 16, Block 1, Donner's Replat Edwards x
#2, and in the event the owner does not accept this Tucker x x
offer, authorize the City Attorney to have the Weldon x
property appraised Gulliford x
No discussion before the vote. The motion carried unanimously.
PAGE FIVE V V
MINUTES NAME OF
JULY 9, 1990 COMMRS. M S Y N
B. Topic of proposed ordinance concerning height restrictions on
substandard lots
The City Attorney reported he had reviewed the current city
ordinances and with the exception of secondary dwellings at 25 ft. ,
accessory buildings at one story, and RMH zoning districts, 35 ft.
is the standard permissible height throughout the city. Variances
to the height restrictions are in accordance with Section 156,
Chapter 24. He asked what height restrictions the City Commission
wanted to provide in the proposed ordinance.
Discussion ensued relative to the height/square footage formula
which had been discussed at a previous meeting, and the City
Attorney felt there could be more of a legal problems with the
formula than with the current situation where any structure on a
substandard lot has to be approved by both the Community
Development Board and the City Commission. He felt the height of
the building should be taken into consideration at that time.
After further discussion it was decided to draft an ordinance which
would include the formula and also the wording "or at the
discretion of the Community Development Board and the City
Commission." Brief discussion also ensued regarding how the
height of buildings should be measured.
Motion: Direct City Attorney to draft ordinance establishing Cook x
height restrictions on substandard lots, said Edwards x
ordinance to include the height/square footage Tucker x x
formula as outlined in the City Manager's memorandum Weldon x x
dated June 21, 1990 to the Mayor and City Gulliford x
Commission (attached) , along with the wording "or at
the discretion of the Community Development Board
and City Commission"
No discussion before the vote. The motion carried unanimously.
The City Attorney said he also wished to confirm that he had been
authorized to negotiate for the purchase of six houses behind the
sewer plant. The City Commission confirmed that he should proceed
at a cost not to exceed the total assessed value of the property
and that monies from restricted sewer improvements funds could be
used for this purchase.
Mayor Gulliford said he had received letters from others in that
area offering their properties for sale to the city and he passed
these along to the City Manager and asked that he look into the
matter and report back.
Mayor Gulliford reported a change of ownership of property at the
north end of Beach Avenue and asked that the City Attorney contact
the new owner as well as other property owners in that area in a
final attempt to have each deed to the city a 12 1/2 foot
right-of-way which could then be dedicated to the city as a 25 foot
PAGE SIX V V
MINUTES NAME OF
JULY 9, 1990 COMMRS. M S Y N
residential alley. The City Attorney was authorized to draft the
necessary documents and send them to the property owners by
certified mail in the hope this would resolve the matter.
Commissioner Edwards requested a Resolution supporting Amendment #3
regarding unfunded mandates be drafted for action by the City
Commission at the next meeting and also publicize Amendment #3 in
the next newsletter. Mayor Gulliford encouraged the Commissioners
to make personal contributions to that effort.
Commissioner Cook inquired whether the palm trees being removed
from the old Bennett's Motel property had been properly permitted
and was advised in the affirmative.
Commissioner Weldon asked that yellow lines similar to those on the
Neptune Beach side of Atlantic Boulevard be painted on the roadway
at Ocean Boulevard and East Coast Drive at their respective
intersections with Atlantic Boulevard. He felt this would be
helpful.
Mayor Gulliford announced the resignation of Peggy Cornelius from
the Tree Conservation Board and suggested Bob Frohwein as a
replacement to fill the unexpired term. He said he did not know if
Mr. Frohwein would be willing to serve as he had not discussed the
matter with him, but absent any objections from the City
Commission, he would plan to contact him in this regard. Cook x
Edwards x x
Motion: Support the Mayor's decision to contact Bob Frohwein Tucker x x
regarding appointment to Tree Conservation Board Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
The Mayor said he hoped to have some information regarding a
grade-all to report to the City Commission at the next meeting.
There being no further business to come before the City Commission,
the Mayor declared the meeting adjourned at 8:15 PM.
4k/A
William I. Gulliford,
Mayor/Presiding Offi
ATT E S T:
Maureen King, City Clerk
CITY OF
• "It/agree Vead - to,teda
F 716 OCEAN BOULEVARD
4 P.0.BOX 25
ATLANTIC BEACH,FLORIDA 32233
41110 >14 TELEPHONE(904)249-2395
June 21, 1990
Honorable Mayor
and City Commission Members
Atlantic Beach, FL
Dear Mayor and City Commission Members:
In compliance with your request, the Atlantic Beach Community Development
Board met during regular session on June 19, 1990 and discussed Ordinance
-(190-90-151.
Basically conversation of the board members evolved around the concept of
limiting the height of structures on substandard lots. The first
considered was suggested from a citizen and would provide for the
existing 35' height restriction on standard lots while restricting
height of buildings on substandard lots to 25' . Upon discussing the
matter with the City Attorney it was felt that such a double standard
might be hard to defend should the same be challenged. A second idea was
to allow the heights of structures on substandard lots as a percentage of
the area of the substandard lot compared to the minimum requirements of
the zoning district and applying the same to the 35' limitation. For
example, in a 5,000 square foot minimum lot area (which is the standard
configuration) wherein an individual propose to build on a substandard
lot of 4,000 square feet, the percentage of 20% differential would be
applied to the 35' height requirement and result in a net allowable
building height of 28' (20% x 35' equal 7' -- 35' - 7' equals 28' ) . This
maintains a proportion of building height to available land area.
Furthermore, should an individual desire a height in excess of that
required by such a restriction, they could always seek recourse through
our variance process. The final idea was to maintain a 35' height
restriction on both standard and substandard lots as is now the case.
Of the four members present, three felt the proportional height
restriction on substandard lots would be most desirable while one felt
the 35' parameter for both substandard and standard lots would be in the
best interest of the City. These comments are provided for your
consideration as you deliberate in the possible adoption of this
ordinance.
Thank you for your consideration and please do not hesitate to contact
this office if you have any questions or desire additional information.
Sincerely,
(4/:'62 " I/ ;1
Kim D. Leinsach
City Manager
cc: Honorable Chairman
and members of the
Community Development Board
Alan Jensen, City Attorney
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Oceanwalk Association, Inc.
P.O. Box 331188, Atlantic Beach, FL 32233-1188
PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned /f4 residents of the Oceanwalk community petition
the City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming year. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself.
,Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request .
Name Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming yaar. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself. It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
Name Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming year. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself. It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype • for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
Name Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during thc coming ysar. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself . It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
Name Address _
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during tea coming y.:=. We would like to see funds appropriated in the
1991 Budget for the Qroject, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself . It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities , thereby ; ::proving the quality of life for many.
Thank you for your consideration of this request.
Name Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming yaar. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself. It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming year. We would like to see funds appropriated in the
1991 Budget for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself. It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
A Name Address
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PETITION
SEMINOLE ROAD SIDEWALK/BIKE PATH
We, the undersigned residents of the Oceanwalk community petition the
City Commissioners of the City of Atlantic Beach to give the installa-
tion of a sidewalk or bicycle path along the North end of Seminole Road,
to connect with the existing sidewalk system in Atlantic Beach, priority
during the coming ya_r. We would like to see funds appropriated in the
1991 Budcet for the project, and we would like to see the installation
commence before the end of 1991 .
Seminole Road is our only link with most of Atlantic Beach. At the moment,
pedestrians and cyclists are forced to compete with automobile traffic
for safe passage in the road itself . It is probably just a matter of
time before this arrangement results in serious injury to someone.
Atlantic Beach has the opportunity to build and landscape the needed path-
way in such a manner as to serve as a prototype for the surrounding towns
and cities, thereby improving the quality of life for many.
Thank you for your consideration of this request.
Name Address
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