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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 -aloes gq.TM paeooad og pagonagsuT aaat aabeupw AgTD egg pup uosdwoui ;aTgj pup eoupuTp.O UP buTaedaad ggTM quauraaabe uT ATTpaauab SPM UOTSSTu11IO3 aqy •xeT gewwewos SPM ;Tog ag pTus uosdurogy JOT goTtj Ma;Ono ,saouTul og aATgeToa eoueuTpap OTTTAuosxoer go AgT3 egg go Adoo e peATaoaa peg aeuoTssTuiuoo gaeg •Magano egg go gabaeq gaTgo aqg aq pTnom aapun pup 91 asogg pauTeTdxO all •awog saTTuannC axpg og AgTaoggne Ogg pup Too. gue eoaogue MeT anTgoagga UP quaurgXedep agq OATS ptnom Majano e buTggas ;Tag ag •seTauTsanq ogne pe.punq ouo uegg eaoul og passes;uoo peg aTTuannC quaoaa aup •saTTuannC aaaM UIOgM go anog 'auTe000 Nouao buTTTes aog aTdoed BATJ pagsaaxe peg guaw4xedap aoTTod eq} Naai gsuT aqg uT paqugs ag -sbnaQ gsuTeby suezTgTJ ggTM sbuTgaelu Tpaanas aaggu pOATOAO peg Hespan p JO eapT aqg pauTeTdxa uosdwogy gaTg0 •gnogp owoo peg MaJano P JOJ uoTgsabbns agq Moq og anTgPTaa uoTs9Tuluro3 Ogg ssaappe ATJaTaq og uosduiogy gaTgp uo PBTTPD aabeuew A;TJ agy SIOUTUI 1OJ Megan gsTTgeqse oq Tesodoad a Jo UOTSSTMWOD A4TD 0q4 Aq uoTssnasTQ -D •queuraaabe eqg go TPAozdde Teaauab pap-Fon uoTssTunro3 agy •panozdde sT quaneaabe agq uagL gseo UT pTed aq pTnoM gOTWM 000'009$ go poogaoggbieu agq UT aae goeLoad aqg uo seej goedurr agy -sesodznd uoTquunogu .103 ATTaeu1Tad uoTssTuuroD aqg aaogaq ggbnoaq buTaq sT wegT sTgg pu_ 'quaueaabp paepuegs aqg uT papnTouT qou sOTgTTToug aoggo pup aaqueo ApTunuiuoo 'umTsuuu1AE 'aaguao MTTuag p sapnTouT gooCoad buTpupq gaaT3 aqg gulp gdeoxe guauraaaby aoTAaas ATTTTgn pappuegs eq} oq aPITurrs sT SuTpueq gaaT3 ggTM qualuaaabp egg pauTPTdxe aabeuew A;TD Ogy • radoTOAOP goaCoad buTpueI ;aoT3 am. 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Aq uoossnosTQ -g •paq,Ipap ATquaaano SP aoueuTpap aqg oq squaupuewu ao sabuugo .Tog suoigsebbns tOjJo pup 'seoueuTpap ao sguoiiee by aPTTurrs aTpuug Aagg Mog ees og sOTgTo aaggo ggTM Noago pInorn Aauzoggy A4T ) agq pup gnduT aTOgq ao; paeog gueudoTanau A;TununoD agq og paquesaad aq pTnogs gguap agq snSUBSUOD TP.zauab oqg SPM qI •paggeap ATquaaano SP eDuptTpzp Ogg ssud og paaTnbaa eq pTnoo sawn uoTssTuaID3 anog qno paquTod osTe SPM qI •PoTTpgaP ATTPDT;Toads aq oq peeu squeweaTrbaa aaggo .zo AgTsuap buTonpaa oq anTgPTaa saagaureaed autos ;Tag eq pup aoueuTpao agq uT pessaappe uaaq qou pug qualuaaabe gons oquT SuTaaque Jog suospaa oqg gTag ag pagegs PaoJTTTnD aoApw -pa11nouoo saauoTssTuiuo3 aaggo Oqy •saoupuTpzp ATM .Jaggo ggTM quagsTsuoo eq oq gess; 00£ og Pabuego Oq ' (L-LT-VZ uoTgoas) gaaJ OOZ uT1TTM squepTsaa buTAJTgou go guemaaTnbaa agq pagsanbea uasuar J@UOTSSTMWOD N A S W NO3*S1iNT686T '8Z AW fladf 30 3NVN SJI11IIW A A U103 3`JYd 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 �,