05-08-89 v CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, MAY 8, 1989
AGENDA
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of April 24, 1989
2. Recognition of Visitors
3. Consent Agenda:
A. Acknowledge receipt of a copy of a portion of the draft of the
Coastal Management Conservation Element of the City's
Comprehensive Plan indicating the desirability of decreasing
density along shoreline sites
B. Acknowledge receipt of a tract on innovative land use proposals
prepared in connection with the annual meeting of the National
Institute of Municipal Law Officers
C. Acknowledge receipt of a paper on municipal investments prepared
in connection with the National Institute of Municipal Law
Officers
D. Acknowledge receipt of, and accept with regret, the letter of
resignation of Ronald Della Porta as a member of the Atlantic
Beach Code Enforcement Board
E. Acknowledge letter from Walter J. Parks, Jr. requesting
adjustment of water and sewer bill
F. Acknowledge receipt of a letter of appreciation from Bernard
Boldstad, Station Manager of the American Red Cross, on the
successful completion of their fund raising carnival
G. Acknowledge agreement with Connelly and Wicker Engineers for bid
and inspection services in connection with the extension of
Beach Avenue North of 20th Street and the paving overlay of
Sturdivant Avenue and related parking area adjacent to the Tax
Collector's Office in Atlantic Beach
H. Acknowledge receipt of an appeal from Mark J. Kredell appealing
a decision of the Community Development Board on the denial
of a variance for the development of a 50' X 50' lot at 18th
Street and Beach Avenue and setting of a public hearing for May
22, 1989
I. Acknowledge agreement between the City and Connelly and Wicker
Engineers for engineering and surveying fees in connection with
the City's annual Paving Program for plans and specifications
for the paving of Jordan Street east of Frances Avenue
J. Acknowledge receipt of a letter from Fredrick S. Aldridge, 1555
Selva Marina Drive regarding his concern on the dangers inherent
in the use of jet skis in the Atlantic Ocean near swimming areas
K. Acknowledge recipt of minutes of Board of Trustees for Atlantic
Beach Pension Fund for meeting held May 5, 1989.
4. Committee Reports:
5. New Business:
A. Commission discussion on a request by Greg Shenck of the
Atlantic Village Mobile Home Park for the lease of an acre of
ground which was formerly used as the location for the Buccaneer
Waste Water Treatment Plant facility.
B. Action on a letter from Lester Griffis, City Manager of
Jacksonville Beach indicating the Community Affairs Committee of
the City of Jacksonville Beach has asked the three beach
communities to split the cost of $3,000 for the use of the Flag
Pavilion in connection with the Maritime Exhibition to be held
August 11, 12 and 13
C. Action by the City Commission on a proposal by Mayor William
Gulliford to appoint Ed Martin as a member of the Code
Enforcement Board
D. Further discussions by the City Commission on Commissioner
Jensen's report relative to the City Attorney
6. Action on Ordinances:
A. Ordinance 90-89-142: introduction and first reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach, Florida; amending Chapter 24, Article III, Division 6,
Section 24-129 to provide exception to site requirements in a
Planned Unit Development and setting a public hearing for May
22, 1989
B. Ordinance 90-89-141: public hearing and final reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach; amending Chapter 24, Article III, Division 7, Section
24-157(a) to establish a method for measuring height of fences
and walls
C. Ordinance 90-89-143: public hearing and final reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach; amending Chapter 24, the Comprehensive Zoning Ordinance
and Land Development Code by amending the official zoning map to
rezone land owned by Stephen H. Mabry and described on exhibit
"A" attached hereto from RG2 to CG
7. Miscellaneous Business:
A. Authority to appropriate $1,500 for a membership fee in the
"Keep America Beautiful" organization in support of the Atlantic
Beach Beautification Committee activity
8. City Manager Reports:
9. Mayor to call on City Commissioners, City Attorney, City Clerk for
reports/or requests:
Adjournment
M Ntfl!S OF THE REGULAR MEETING OF THE MANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON MAY 8, 1989, AT 7:15 PM V V
O O
,RESENT: William I. Gulliford, Jr. , Mayor/Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
Alan C. Jensen, and
Adelaide R. Tucker, Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, 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 April 24,
1989.
Cook x
*tion: Approve minutes of the regular meeting of April 24, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Recognition of visitors
Dan Rice of Mahoney Adams Milam Surface & Grimsley, P.A. , reported
relative to premium tax monies amounting to approximately $47,000
which had been held by the Department of Insurance. Mr. Rice
said his firm had addressed such subjects as definition of salary,
naming of beneficiaries, removing the 80% cap on final average
compensation, providing a provision to refund contributions when
employees left city employment and also the line-of-duty benefits
the Department of Insurance required upon employment of public
safety officers. The city's Pension Ordinance had been changed to
address these matters. The Department of Insurance had sought to
impose the same restrictions on plans which had been adopted by
municipalities by ordinance and which include all employees, as
would apply to plans which include only public safety officers and
which are funded solely by premiums and employee contributions.
His firm had requested a formal hearing with the Department of
Administrative Hearings. However, the Florida League of Cities had
represented several cities on similar matters and Mahoney Adams
decided to await the result of those hearings. The outcome had
been in favor of the cities and the Department of Insurance had
issued a check for $47,000. This amount, however, did not include
any interest for the time the money had been withheld.
* * * * * * * * * * * * *
eorge Grandy, 135 13th Street, expressed concern relative to the
recent popularity of jet skis and asked what restrictions were in
force to regulate their use. The City Manager said that city
ordinances provide boats and other motorized apparatuses are to be
PAGE 'IWO
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. MSYN
operated at least 200 feet off the beach. Phil Petley, 380 19th
Street said he had also observed hazardous conditions involving jet
skis. The Police Chief said life guards will be on the beach on
weekends effective this weekend, and daily beginning in June, and
would advise the jet skiers of regulations. The police department
can then contact the Marine Patrol if problems arise.
Cheryl Seaton, 2250 Beachcomber Trail, said the beach and ocean
should be for the use of all citizens and preferential treatment
should not be given to swimmers to the degree it would endanger the
lives of the jet skiers if they were required to stay further off
shore.
Some ideas were suggested such as limiting the areas for launch and
hours of operation and the Mayor requested the City Manager and
Police Chief to review the City's Ordinance and recommend
regulations which would be fair to all.
Ruth Gregg, 905 Sailfish Drive, said large numbers of grocery carts
were being abandoned throughout the city causing unsightly
conditions. Ms. Gregg also commented on trash which was not being
--icked up on schedule and the City Manager was asked to check into
hese complaints.
* * * * * * * * * * * * *
Matt Roland, 220 12th Street, addressed the Commission relative to
speeding on Ocean Boulevard. He said a dangerous condition exists
for children playing near the street. He requested the area be
reviewed with a view to erecting additional stop signs. Sandy
Bell, 1175 East Coast Drive said speeding was also a problem on
East Coast Drive. Chief Thompson reported the police department
had just completed a study of traffic on the south end of East
Coast Drive and had recommended against additional stop signs. He
said very few vehicles were found to be exceeding the speed limit
by more than five miles per hour. However, the north end of the
beach had not been included in their study. Frances Lockerman,
1140 Ocean Boulevard and Gail Cooper, 1178 Ocean Boulevard, said
they had also observed problems with speeding.
Mayor Gulliford asked the City Manager and Chief Thompson to review
the situation and report back at the next meeting.
* * * * * * * * * * * * *
Ms. Sam Barnette, 1841 Selva Marina Drive inquired how much longer
the construction would continue on the lift station on Selva Marina
rive. She indicated the pumps had been running continuously for a
n<onth. Public Services Director Ford indicated the project would
be completed in approximately one week. Ms. Barnette also asked
that the shrubbery around the lift station be trimmed as it was
PAGE THREE
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. MSYN
obscuring traffic vision in that area. Mayor Gulliford informed
the audience of the recently formed Beautification Committee. He
said a meeting of that committee had been scheduled for Thursday
night and invited participation from the audience.
* * * * * * * * * * * * *
Marcy Ashby, 133 Pine Street, addressed the Commission relative to
the recent increase in charges for garbage service and particularly
how it affected single and retired citizens. She suggested the
city consider reducing service to two or three days a week.
In response to Ms. Ashby's comments, Mayor Gulliford informed the
audience of the City's Solid Waste and Recycling Committee. He
said the rate increase had been necessary as a result of overall
costs and were comparable to other communities which provide less
frequent pickup service. He said the idea of charging by volume
had been discussed by the solid waste committee and he invited
anyone who was interested to volunteer to serve on this or any
other city committee.
* * * * * * * * * * * * *
"lyde Wade, 93 Lewis Street, reported a serious problem with drug
raffic existed in the George, Dudley, and Lewis Street area. He
reported drug dealers were heavily armed and carried portable
radios and had little regard for human life. He said the police
have been doing all they can in the area but the drug problem
persists.
Mayor Gulliford said he had recently accompanied the police on
patrol and had visited that area several times and he was well
acquainted with the problem. Chief Thompson said at least fifty
drug related arrests had been made in that area in the last few
months. Owners of vacant lots had been asked to clear these lots
which are being used as cover for drug dealers. Some progress had
been noted and the Code Enforcement Board was working to ensure
additional lots were cleared. The Chief said the drug dealers were
well known to the police. Many had long arrest records but,
unfortunately, the criminal justice system repeatedly releases
these people and they continue to be a problem.
Rev. Frank Ellis, Pastor of Community Baptist Church, 84 Lewis
Street, said he had watched from his office window while drug deals
took place and had called the police many times and encouraged his
neighbors to do the same. Rev. Webb, Pastor of another local
church, said he had witnessed similar occurrences. Mack Stanford,
1860 George Street, said drug activity continues throughout the
night. He said these people do not live in Atlantic Beach and
sked if it would be possible to adopt legislation that would
Nrohibit people who had been arrested on drug charges from entering
the city.
PAGE FOUR
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. M S Y N
Mayor Gulliford said the city has an aggressive policy in dealing
with drug related activities and will continue in that manner. He
said the city had recently established a Safe Neighborhood Task
Force and encouraged the audience to become involved and learn ways
they could protect themselves and their neighborhood.
Thelma Griffin, 1920 George Street, said the residents were like
prisoners in their homes. They are fearful for their children;
they are embarrassed to have friends visit their homes; they cannot
walk in the streets; older people have to lock their homes when the
sun goes down; even company owned vehicles can be seen in the area
buying drugs.
Mayor Gulliford scheduled a meeting for Monday, May 15, 1989, at
7:30 PM at City Hall for the purpose of further discussions with
the residents of the Lewis, Dudley and George Street areas relative
to the drug problem. In the meantime he asked the City Attorney to
investigate any alternatives the city may have with respect to
ordinances, and requested the City Manager to compile a list of all
vacant properties in the area. He plans to write to these people
and request that they have these properties cleared. If property
owners do not cooperate the city could clear the land and place
liens on property.
3. Consent Agenda
A. Acknowledge receipt of a copy of a portion of the draft of the
Coastal Management Conservation Element of the City's
Cc prehensive Plan indicating the desirability of decreasing
density along shoreline sites
B. Acknowledge receipt of a tract on innovative land use
proposals prepared in connection with the annual meeting of
the National Institute of Municipal Law Officers
C. Acknowledge receipt of a paper on municipal investments
prepared in connection with the National Institute of
Municipal Law Officers
D. Acknowledge receipt of, and accept with regret, the letter of
resignation of Ronald Della Porta as a member of the Atlantic
Beach Code Enforcement Board
E. Acknowledge letter flout Walter J. Parks Jr. requesting
adjustment of water and sewer bill
F. Acknowledge receipt of a letter of appreciation from Bernard
Boldstad, Station Manager of the American Red Cross, on the
successful completion of their fund raising carnival
PAGE FIVE
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. M S Y N
G. Acknowledge agreement with Connelly and Wicker Engineers for
bid and inspection services in connection with the extension
of Beach Avenue North of 20th Street and the paving overlay of
Sturdivant Avenue and related parking area adjacent to the Tax
Collector's Office in Atlantic Beach
H. Acknowledge receipt of an appeal aunt Mark J. Kredell
appealing a decision of the Community Development Board on the
denial of a variance for the development of a 50' x 50' lot at
Eighteenth Street and Beach Avenue and setting a public
hearing for May 22, 1989
I. Acknowledge agreement between the City and Connelly and Wicker
Engineers for engineering and surveying fees in connection
with the City's annual Paving Program for plans and
specifications for the paving of Jordan Street east of Francis
Avenue
J. Acknowledge receipt of a letter hum Frederick S. Aldridge,
1555 Selva Marina Drive regarding his concern on the dangers
inherent in the use of jet skis in the Atlantic Ocean near
swimming areas
K. Acknowledge receipt of minutes of Board of Trustees for
Atlantic Beach Pension Fund for meeting held May 5, 1989. Cook x
Edwards x x
Notion: Approve passage of Consent Agenda Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
4. Committee Reports:
None
5. New Business
A. Commission discussion on a request by Greg Shenck of the
Atlantic Village Mobile Home Park for the lease of an acre of
ground which was formerly used as the location for the
Buccaneer Waste Water Treatment Plant facility
The City Manager reported Mr. Shenck had requested lease of the
property for use as a recreation area. Playground equipment would
be installed and could be used by all neighborhood children. The
City Manager solicited the wishes of the Commission.
Notion: Authorize the City Manager to enter into agreement
with Atlantic Village Mobile Home on a month to Cook x
month basis for lease of one acre of land formerly Edwards x x
the site of a Buccaneer Waste Water Treatment Plant Jensen x
facility, on condition the lessee maintains adequate Tucker x x
insurance for the protection of the city condition Gulliford x
No discussion before the vote. The motion carried unanimously.
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PAGE SEVEN
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. M S Y N
Cook x
Notion: Approve passage of Ordinance No. 90-89-142 on first Edwards x x
reading and set for public hearing on June 26, 1989 Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. ORDINANCE NO. 90-89-141 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, ARPICTF: III, DIVISION 7,
SECTION 24-157(a) ESTABLISHING A METHOD FOR MEASURING HEIGHT OF
FENCES AND WALLS; AND PR)VIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No.
90-89-141 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.
Kathleen Russell, 2117 Beach Avenue, stated this matter had been
discussed by both the Commission and the Community Development
Board for some time and urged passage of the Ordinance. She said
fences were being erected which were much higher than permitted,
and a more definite method of establishing height was urgently
needed. Since no one else wished to speak for or against the
-Irdinance, the Mayor declared the public hearing closed.
Notion: Approve passage of Ordinance No. 90-89-141 on final
reading Cook x x
Edwards x
It was pointed out fences would be measured from the ground up, and Jensen x x
would be measured from the side with the lowest elevation. No Tucker x
further discussion. The motion carried unanimously. Gulliford x
C. ORDINANCE NO. 90-89-143 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF MANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE NSIVE ZONING
ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING
MAP TO REZONE LAND OWNED BY STEPHEN H. MABRY AND DESCRIBED ON
EXHIBIT "A" ATS HERETO FROM RESIDENTIAL GENERAL (RG2) TO
COMMERCIAL CIAL GENERAL (CG) ; AND PR)VIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
90-89-143 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.
Willie Miley, 1990 Park Street, said this area was the subject of
earlier discussion regarding drug activity. The residents were
opposed to any kind of commercial venture in that area, wishing
instead to retain the residential status of the area. Stephen
Fabry, owner of the subject property said he hoped to build a
commercial building to be leased to the Navy for supplies. Concern
was expressed by Mr. Miley and others that if the property was
PAGE EIGHT V V
MINUTES NAME OF
MAY 8, 1989 COMMRS. M S Y N
rezoned Commercial General, Mr. Mabry would be free to build other
types of commercial ventures such as bars, etc. , which would not
only detract from the residential nature of the area but could also
contribute to the current drug problems.
Thelma Griffin, 1920 George Street, said she hoped Mr. Mabry would
remember that the area was home to those speaking against the
ordinance; they had lived there for many years and were raising
their children in an area already scarred by drugs. She also hoped
Mr. Mabry would not build low-income housing which would contribute
to the problems in the area.
Mark Kredell, 1855 Beach Avenue, said he also owned property in the
vicinity and felt his property would be devalued by this proposed
rezoning.
Others speaking against the rezoning were Dan Waite, 93 George
Street, Mack Stanford, 1860 George Street; Sam Waters, owner of 22
duplex lots, Robert Lawrence 335 Dudley Street; and Roosevelt
Cooper, Fort Caroline Road.
Since no one else wished to speak for or against the ordinance, the
Mayor declared the public hearing closed. Cook x x
Edwards x x
Jensen x
Motion: Approve passage of Ordinance No. 90-89-143 Tucker x
Gulliford x
No further discussion. The motion was unanimously defeated.
7. Miscellaneous Business:
A. Authority to appropriate $1,500 for a membership fee in the
"Keep America Beautiful" organization in support of the
Atlantic Beach Beautification Caimittcc activity
The City Manager reported Barbara Mason, Regional Director for the
Keep America Beautiful program, along with Miss Ethridge of the
Keep Jacksonville Beautiful program, had made a presentation to the
Beautification Committee at its last meeting. The Beautification
Committee has asked for the support of the Commission by
appropriating $1,500 for membership fee in the Association. He
also stated the Atlantic Beach Beautification Committee wished to
remain independent of the Keep America Beautiful Association but
hoped to learn as much as possible from them.
The Mayor briefly outlined some of the programs of the Keep America
Beautiful group and said he felt this membership would be
advantageous to Atlantic Beach.
Motion: Authorize application for membership for the City of Cook x x
Atlantic Beach in the Keep America Beautiful Edwards x
organization at a cost of $1,500. Jensen x
Tucker x x
No further discussion. The motion carried unanimously. Cilliford x
PAGE NINE
MINUTES V V
MAY 8, 1989 NAME OF
COMMRS. MSYN
8. City Manager Reports:
The City Manager presented each Commissioner with a map of a
portion of Section H. He pointed out an area which had been
proposed for use as a retaining pond but said this area may be
unsuitable since it may at one time have been used as a landfill.
The engineers would continue to test this area and in the event it
was found to be unusable, the project manager had recommended using
portions of Blocks 97 and 98 which is owned by the City. He asked
Commission authorization to proceed in that direction. The
Commission concurred, stating no other option seemed to be
available.
The City Manager also indicated in connection with the Section H
project, several personal contacts would have to be made with
property owners to acquire easements for drainage and paving. The
engineers had recommended, in view of the amount of time which
would be required to work on these problems, a project manager be
appointed. Mr. Fellows pointed out former Mayor Howell had vast
knowledge of the project and had contracted with the City to act as
project manager. No objection to this agreement was voiced by any
Commissioner.
* * * * * * * * * * * *
Commissioner Jensen reported he had received a letter from a
resident complaining about lawn sprinklers which were being allowed
to sprinkle on the street causing traffic hazards by people trying
to avoid the sprinklers.
Commissioner Jensen also asked that the subject of rezoning lots 41
- 60, North Atlantic Beach be an agenda item at the next meeting
for discussion as to how it relates to the City's Comprehensive
Plan.
* * * * * * * * * * * *
Mayor Gulliford reported the City's policy with regards to police
cars was for three officers to share each vehicle. The vehicles
were being operated twenty-four hours per day and this is not an
economical system. He said the City could acquire nine cars which
would be shared between two officers, allowing for some shut-down
time, and trading of cars every three years, which he felt would be
a more efficient system for the City.
The City Manager said nine cars were currently available on state
contract. $100,000 had been budgeted for public safety vehicles
and it was his recommendation the City lease the police cars over a
three year period and lease the fire equipment over a five year
period. It was the general consensus the City should proceed with
plans to acquire the new cars and keep the two best of the existing
cars, with the others to be sold at auction.
PAGE TEN V V
MINUTES NAME OF
MAY 8, 1989 COMMRS. MSYN
Cook x x
Notion: Authorize the City Manager to acquire nine police Edwards x x
cars from Duval Ford under state contract and pursue Jensen x
financing or leasing of said vehicles Tucker x
Gulliford x
No discussion before the vote. The motion carried unanimously.
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned.
A C___ ' n
1
A
William I. Gulli ord
Mayor/Presiding Offi
A'r1'EST:
)7 ,,,,,t,_,....., Ki.,„2____
Maureen King, City clerk