01-23-89 v CITY OF ATLANTIC BEACH
REGULAR MEETING JANUARY 23, 1989
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the rescheduled meeting of January 11,
1989 and special called meeting of January 17, 1989.
2. Recognition of Visitors:
3. Appearances:
A. Mr. Jack Thompson and Mrs. Lois Weiss to discuss problems at the
beach access at First Street and Beach Avenue
4. Consent Agenda:
A. Approval for the Jacksonville Track Club to utilize two vehicles
on the beach in connection with the Fourteenth Annual Winter
Beaches Run February 5 at 2 P.M.
B. Authority for Mayor and Clerk to execute agreement between the
Y.M.C.A. and the City of Atlantic Beach for use of property at
Russell Park
C. Acknowledge receipt of the first edition of the City of Atlantic
Beach newsletter
D. Approval of Monday, January 30 at 7:15 P.M. for a special
workshop in regards to long range water and sewer plans
E. Authority to draw an ordinance to provide for the closing and
vacating of a portion of the Assisi Lane right-of-way which
projects into the private property of the Fleet Landing project
G. Approval of the City Commission for the appointment of Richard
White and Ronald Wingate as City Commission appointees to the
Pension Board of Trustees with a term ending December 31, 1990
H. Acknowledge addition of Ms. Oprah Jackson and Reverend James
Gilliard to the Safe Neighborhood Task Force
5. Committee Reports:
A. Report of the Solid Waste Committee relative to recommendations
for a mandatory curbside recycling program
6. New Business:
A. Commission discussion of a proposed ordinance providing
procedures for development agreements and contract quality
developments
Agenda. . .page 2
B. Discussion by the City Commission on a proposed developer
agreement with the Fleet Landing Project Developer
C. Discussion by the City Commission of a proposal to establish a
curfew for minors
7. Action on Resolution:
A. Action on Resolution 89-5 authorizing the City Attorney to
proceed with eminent domain proceedings for regional park
8. Action on Ordinances:
A. Ordinance 95-89-38 introduction and first reading of an
ordinance authorizing the exchange of property adjacent to
Howell Park between the City of Atlantic Beach and William S.
Hixon and setting a public hearing for February 13, 1989
B. Ordinance 57-89-13 introduction and first reading of an
ordinance amending the ordinance code of the City of Atlantic
Beach, Florida to regulate the possession and use of replica
firearms and setting a public hearing for February 13, 1989
C. Ordinance 65-88-18 public hearing and final reading of an
ordinance closing, abandoning and vacating that portion of Old
Sherry Road from the north city limits line of Atlantic Beach
south sixty feet and reserving a permanent easement for
utilities and other City services
D. Ordinance 90-88-138 public hearing and final reading of an
ordinance amending the ordinance code of the City of Atlantic
Beach, Florida amending chapter 24 to establish more definitive
regulations for the issuance of licenses for home occupations
9. Miscellaneous Business:
10. City Manager Reports:
11. Reports and Requests from City Commissioners and City Attorney
Adjournment
MINUTES OF THE REQJLAR MEET NG OF THE MANTIC BEACH CITY COM V V
MISSION HELD AT CITY HALL ON JANUARY 23, 1989, AT 7:15 PM 0 0
T T
PRESENT: William I. Gulliford, Jr. , Mayor/Commissioner E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
Adelaide R. Tucker
Alan C. Jensen, Commissioners M S
O E
AND Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I 0 Y
Maureen King, City Clerk NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The invoca-
tion, offered by Commissioner Cook, was followed by the pledge to
the flag.
1. Approval of the minutes of the rescheduled meeting of January
11, 1989, and special called mceting of January 17, 1989.
Notion: Approve minutes of the regular meeting of January 11,
1989.
Commissioner Tucker requested the record reflect she intended to Cook x
vote Nay on Action on Exceptions, Item A, application for exception Edwards x x
' y Gerald Wheatley to operate a home occupation in his residence in Jensen x x
elva Norte. Tucker x
( lliford x
The minutes were unanimously approved.
Cook x x
Notion: Approve minutes of the special meeting of January 17, Edwards x x
1989 Jensen x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of visitors
Mr. Edward Kneeland of the Chateau Condominium, addressed the
Commission relative to jet skiers. He stated the numbers of jet
skiers in the area has greatly increased and expressed concern
relative to danger on the beach in that the skiers are driving
vehicles onto the beach to unload the machines, and also the danger
to swimmers and surfers in the water. He suggested establishing
restrictions relative to requiring distances off-shore for
operation, etc. Mr. Alex Cobb also of the Chateau Condominiums
echoed Mr. Kneeland's statements, referring particularly to the use
of the ramp at Seventh Street for loading and unloading the
machines.
Mayor Gulliford asked the City Manager and Police Chief to
investigate the situation and report back at the next Commission
letting.
PAGE TWO V V
MINUTES NAME OF
JANUARY 23, 1989 COMMRS. M S Y N
3. Appearances
A. Mr. Jack Thompson and Mrs. Lois Weiss to discuss problems at
the beach access at First Street and Beach Avenue
Mr. Jack Thompson, 111 Beach Avenue, reported he had lived on Beach
Avenue for about a year and during that time he had called the
police numerous times relative to disturbances. Mr. Thompson
presented photos of a picket fence which had been vandalized, with
the pickets having been used in a recent noisy fight, and stated
this was not an isolated incident. While he felt the public has a
right to use the beach access he felt some restrictions might be
established relative to closing the accesses at a reasonable hour.
Mr. Bob Weiss, 253 Seminole Road, stated he had stayed with his
parents on Beach Avenue for a period of approximately two years and
related several incidents which had taken place over that period,
particularly on weekends. Mr. Jerry Suddarth, 120 Beach Avenue
supported the statements of Messrs. Thompson and Weiss.
Mayor Gulliford stated he also lived on Beach Avenue and was aware
of some of the problems and while the City has an obligation to
provide access for the general public to use the beach, it also has
an obligation to the property owners. He suggested the City Manager
and Police Chief look at all street ends and present recommenda-
ions.
At this time the City Manager introduced secretary Diane Howard who
had filled the position in the City Manager's office vacated by
Maureen King.
4. Consent Agenda
A. Approval for the Jacksonville Track Club to utilize two
vehicles on the beach in connection with the Fourteenth Annual
Winter Beaches Run on February 5, 1989, at 2:00 PM.
B. Authority for the Mayor and Clerk to execute agreement between
the Y.M.C.A. and the City of Atlantic Beach for use of property
at Russell Park
C. Acknowledge receipt of the first edition of the City of
Atlantic Beach newsletter
D. Approval of Monday, January 30, 1989, at 7:15 PM for a special
workshop meeting in regards to long range water and sewer plans
E. Authority to draw an Ordinance to provide for the closing and
vacating of a portion of the Assisi Lane right-of-way which
projects into the private property of the Fleet Landing project Cook x
Edwards x x
G. Approval of the City Commission for the appointment of Richard Jensen x
White and Ronald Wingate as City Commission appointees to the Twcker x x
Pension Board of Trustees with terms ending December 31, 1990 Culliford x
Motion: Approve passage of Consent Agenda
PAGE THREE V V
MINUTES NAME OF
JANUARY 23, 1989 COMMRS. MSYN
H. Acknowledge addition of Ms. Oprah Jackson and Reverend James
Gillyard to the Safe Neighborhood Task Force
5. Committee Reports
A. Report of the Solid Waste Committee relative to recommendations
for a mandatory curbside recycling program
The City Manager introduced Mr. Andy May to report on behalf of the
Solid Waste Committee and to present the recommendations of Gee and
Jenson who had prepared the bidding specifications for a curbside
recycling program.
Mr. May stated the Solid waste committee preferred the one bin type
recycling. Waste Management had submitted the lowest bid with a
unit price of $1.85 per household and he had been contacting
reference names provided by Waste Management and had received good
comments from diverse sources, including the City of Jacksonville.
It was felt the number of large families who would require more than
one bin would be minimal and not present a problem. It was the
recommendation of Gee and Jenson Engineers the bid be awarded to
Waste Management, Inc.
Notion: Follow recommendation of the Solid Waste Committee and Cook x
award bid to Waste Management, Inc. , at $1.85 per Edwards x x
household per month for truckside-sort recycling, Jensen x x
subject to the satisfactory negotiation of a Tucker x
three-year contract by the City Manager and Mr. Andy Gulliford x
May
In discussion before the vote the Mayor explained Waste Management
would furnish the containers without a cash outlay by the City.
The cost of the containers would bP depreciated over a five-year
period and in the event the City did not renew the contract after
three years, the City would be responsible for the last two years
depreciation on the containers.
The City Manager pointed out July 4, 1989 had been planned as the
kick-off date for the recycling program and publicity was of the
utmost importance. The Solid Waste Committee has been working with
advertising agencies relative to promoting the program and it is
hoped to use the slogan "Give it Back."
Mayor Gulliford thanked the Solid Waste Committee for the many hours
they had worked on this project and the dedication they had shown.
The motion carried unanimously.
6. New Business
A. Commission discussion of a proposed Ordinance providing
procedures for Development Agreements and contract quality
developments
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PAGE FIVE V V
MINUTES NAME OF
JANUARY 23, 1989 COMMRS. M S Y N
7. Action on Resolutions:
A. Action on Resolution No. 89-5 authorizing the City Attorney to
proceed with eminent domain proceedings for regional park.
Mayor Gulliford presented in full, in writing, Resolution No. 89-5. Cook x x
Edwards x
Notion: Approve passage of Resolution No. 89-5 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
8. Action on Ordinances:
A. ORDINANCE NO. 95-89-38 - 1'111' READING
AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTIES BETWEEN WILLIAM
S. HIXON AND THE CITY OF ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented Ordinance No. 95-89-38 in full, in
writing, on first reading.
Cook x x
Notion: Pass Ordinance No. 95-89-38 on first reading and Edwards x
set for public hearing February 13, 1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
I.
ORDINANCE NO. 57-89-13 - FIRST READING
N ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF =ANTIC
BEACH, FLORIDA; AMENDING CHAPTER 13 TO ADD NEW SECTIONS 13-8 AND
13-9 ID REGULATE THE POSSESSION AND USE OF REPLICA FIRE ARMS;
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented Ordinance No. 57-89-13 in full, in
writing, on first reading.
Cook x
Notion: Pass Ordinance No. 57-89-13 on first reading and Edwards x x
set for public hearing February 13, 1989. Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Culliford •
x
C. ORDINANCE NO. 65-88-18 - PUBLIC HEARING
AN ORDINANCE CLOSING, ABANDONING AND VACATING THAT PORTION OF OIL)
SHERRY ROAD FROM THE NORTH CITY LIMITS LINE OF ATrANlC BEACH SOUTH
60 FEET; RESERVING TO THE CITY A PENT EASEMENT FOR UTILITIES
AND OTHER CITY SERVICES; PROVIDING AN EFFECTIVE DATE
The Mayor presented in full, in writing, Ordinance No. 65-88-18 on
second and final reading. Said Ordinance was posted in accordance
with Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience.
Since no one wished to speak for or against the Ordinance, the Mayor
leclared the public hearing closed.
PAGE SIX V V
MINUTES NAME OF
JANUARY 23, 1989 COMMRS. M S Y N
Notion: Pass Ordinance No. 65-88-18 on final reading Cook x x
Edwards x x
In discussion before the vote the question was asked whether Old Jensen x
Sherry Road was a county road and whether the City of Jacksonville Tucker x
had any jurisdiction there. The City Attorney explained that with Gulliford x
annexation of the north Seminole Beach area Old Sherry Road became a
city street. However, he felt it may be advisable to send the City
of Jacksonville a copy of Ordinance No. 65-88-18, and ask that they
endorse the action of the City of Atlantic Beach.
The motion carried unanimously.
D. ORDINANCE NO. 90-88-138 - PUBLIC HEARING
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7,
SECTION 24-159, HOME OCCUPATION REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No.
90-88-138 on second and final reading. Said Ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience.
-1s. Dorothy Kerber, 365 First Street, and Ms. Ruth Gregg, 905
;ailfish Drive, expressed thoughts that many current home
occupations have developed into business establishments which tend
to diminish the residential quality of neighborhoods.
Since no one else wished to speak for or against the Ordinance, the
Mayor declared the public hearing closed.
Mayor Gulliford stated he felt the subject of home occupations
needed to be studied further
Notion: Defer action on Ordinance No. 90-88-138 and appoint Cook x x
a committee to study the subject of have occupations Edwards x
and bring recommendations to the City Commission Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Notion: Declare moratoriums on receiving applications for hone Cook x x
occupations until issue of have occupations has been Edwards x
settled Jensen x
Tucker x x
No discussion before the vote. The motion carried on a four to one Gulliford x
vote with Commissioner Jensen voting nay.
PAGE SEVEN V V
MINUTES NAME OF
JANUARY 23, 1989 COMMAS. MSYN
9. Miscellaneous Business
Mayor Gulliford announced three additional appointments to the Safe
Neighborhoods Task Force. The names are as follows:
Mr. Henry Batts, 369 Royal Palms Drive
Mrs. Oprah Jackson, 15 Simmons Road
Rev. James Gillyard, 60 Simmons Road
10. City Manager Reports
None
11. Reports and requests from City Commissioners and City Attorney:
Corrinissoner Edwards mentioned he had recently seen City signs being
used to advertise lost dogs, yard sales, etc.
The Mayor announced the Beautification Committee would hold its
first meeting on February 22, 1989, and he would ask the committee
to review the sign ordinance. In the meantime Public Services
Director, Don Ford, has been requested to remove any signs obscuring
City signs.
;amnissioners Cook and Tucker congratulated Karen Moore on the fine
job she had done on the first edition of the City's new employee
newsletter. Mayor Gulliford announced it is hoped to also print a
quarterly newsletter to the Atlantic Beach citizens, and arrange-
ments are being made with the Sun Times to deliver the newsletter.
Commissioner Cook announced a meeting on the widening of the San
Pablo Bridge at Mayport Jr. High School on February 7, 1989 at 7:00
PM.
Commissioner Jensen requested, since the opinion on rescinding
permits had now been received from the City Attorney, that action on
the motion to revoke the permit for the Selva Linkside sign which
had been tabled at the previous meeting be an agenda item at the
mooting of February 13, 1989.
Resolution No. 89-6
The Mayor presented in full, in writing, Resolution No. 89-6
expressing opposition to the granting of a permit to Lambert Seafood
Company to process shrimp and scallops at a location on the Cook x
Intracoastal Waterway adjacent to the City of Atlantic Beach. Edwards x x
Jensen x x
Motion: Approve passage of Resolution No. 89-6 Tucker x
Gulliford x
Jo discussion before the vote. The motion carried unanimously.
•
PAGE EIGHT V V
MINUTES NAME OF
JANUARY 23, 1989 COMMRS. M S Y N
Before adjourning the meeting the Mayor announced a workshop meeting
had been scheduled for Monday, January 30, 1989, at 7:15 PM.
The meeting was adjourned at 8:45 PM.
I
1
William I. Gulliford,
Mayor-Presiding Office
Atr1'EST:
7 �
Maureen King �,