Loading...
04-26-93 v MINUTES OF THE WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 5:30 PM ON MONDAY, APRIL 26, 1993. Present: William I . Gulliford, Jr. , Mayor Glenn A. Edwards, Commissioner Lyman T. Fletcher, Commissioner Adelaide R. Tucker, Commissioner J. Dezmond Waters, III , Commissioner And: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk And: Rose Blanchard, Parks & Recreation Director Jeff Croom, Parks & Recreation Board Member And former Adele Grage Community Center Committee: John W. Weldon Barbara Bonner Dorothy Kerber The meeting was called to order at 5:30 PM by Mayor Gulliford who explained the meeting had been called for the purpose of drafting a policy for the use of the Adele Grage Community Center which could be uniformly applied to all individuals or groups wishing to use the facility. The first item considered was the hours which the community center should be made available for public use and following discussion, by a vote of 4 - 1 with Commissioner Waters voting nay, the hours of use were established as follows: Sunday, 11 :00 AM to 10: 00 PM; Monday through Friday, 9 : 00 AM to 11 :00 PM; Saturday 8 : 00 AM to 12 :00 midnight. The type of activities which would be allowed, and whether alcoholic beverages should be permitted on certain occasions, was then discussed. The City Manager pointed out the city code would need to be amended to allow alcoholic beverages on special occasions at the Adele Grage Community Center and other occasions such as the Town Center festivals, etc. Bob Weiss, 253 Seminole Road, inquired as to the responsibility of the city, the group or individual putting on the function and he felt there should not be a problem so long as the entity putting on the function was held strictly responsible for the behavior of their group or if there was a larger deposit to cover any additional cleaning, etc. Following further discussion it was agreed to review the city ordinance to see if it should be amended. Discussion then ensued regarding using the community center for campaign activities by a candidate running for office. The City attorney indicated he had checked into this in the past and he would review his notes and advise the City Commission. In the Page Two Minutes - Committee of the Whole April 26, 1993 meantime it was unanimously agreed to allow the use of the building for campaign related activities, subject to advise from the City Attorney that this would not violate any state statute. Discussion then ensued regarding the use of the building by commercial entities and it was unanimously agreed the community center would not be used for the sale of services, commodities or products sold for personal or corporate business gain. In response to a question from Commissioner Tucker Parks & Recreation Director Blanchard reported she had received a request from a church to use the community center every Sunday from approximately 1 :00 PM to 3:00 PM for about a year until they establish a church. Discussion then ensued regarding fees and it was agreed an Atlantic Beach resident must act as a sponsor and subscriber for any activity. Comparisons were made of fees charged by other facilities such as the Beaches Library and Jacksonville Beach Community Center. John Weldon addressed the City Commission and pointed out he had served on the Adele Grage Community Center Committee after the new City Hall was opened. He reminded the City Commission that Resolution No. 91-20 adopted on July 8, 1991 , established a schedule of fees for the use of the community center. Subsequently, agreement forms were prepared covering the charges and rules for the use of the building. He felt the charges were reasonable and he encouraged the City Commission to honor the charges which had been approved and enforce them uniformly and with equity. Barbara Bonner and Ruth Gregg agreed with Mr. Weldon and Ms. Gregg also encouraged the city to charge the established fees to all entities equally and reinvest the funds in the community. Discussion ensued regarding the fees which had been established and whether it was reasonable not to charge anything for the use of the building during the day and it was explained the Adele Grage Community Center Committee had recommended that no fee be charged for daytime use of the building since city staff was already there and the building was open. It was felt groups wishing to use the community center in the evening should be allowed to pick up a key to the building and be required to pay a substantial key deposit. Ms. Blanchard indicated a problem arose in the evening since groups wishing to use the copy machine or telephone did not have access to this equipment if the staff locked their offices. It was agreed, however, that the staff offices should be locked in the evening. Commissioner Waters moved to establish a charge of $25 .00 for the first three hours, day or night; $10.00 for each additional hour up to a total of $50 .00 per day. Commissioner Tucker seconded the Page Three Minutes - Committee of the Whole April 26, 1993 motion which failed on a 1 - 4 vote with Commissioner Waters casting the sole affirmative vote. Commissioner Edwards moved to establish a fee of $25 .00 for the first three hours and $10.00 for each additional hour, with cleaning deposit and key deposit to be established by the City Manager. The motion was seconded by Commissioner Tucker and on roll call, was approved on a 3 - 2 vote with Commissioner Fletcher and Commissioner Waters voting nay. John Baillie inquired whether this action would override any existing agreement with the Atlantic Beach Experimental Theater. Mayor Gulliford clarified that Mr. Baillie was referring to the Thursday night trade-off and he indicated that arrangement was approved by action of the Commission and this present action would not change that . The Mayor requested that Resolution #91-20 be amended to reflect the new rates. Carson Mary Baillie inquired whether this action would mean that the summer drama camps would not be able to be held in the community center and Mayor Gulliford indicated the City Commission would take formal action on this evening ' s recommendations at their regular meeting on May 10, 1993. There being no further discussion, the Mayor declared the meeting adjourned at 7 : 12 PM. _____ 7')C; L-t-11.t/lzh..LV Maure-A King, City ler RULES FOR USE OF THE ADELE GRAGE COMMUNITY CENTER AS RECOMMENDED BY THE ATLANTIC BEACH COMMISSION, MEETING AS A COMMITTEE OF THE WHOLE ON MONDAY, APRIL 26, 1993 . 1 . HOURS OF USE: Sunday: 11 :00 AM - 10: 00 PM Monday through Friday: 9 :00 AM - 11 : 00 PM Saturday; 8:00 AM - 12: 00 Midnight 2 . USE OF ALCOHOLIC BEVERAGES: No decision reached; 3. POLITICAL CAMPAIGN ACTIVITIES: Activities relating to political campaigns will be permitted ( subject to advise from the City Attorney that this type of activity would not violate any state statute ) . 4. PROHIBITED ACTIVITIES: No sales of services, commodities, or products for personal or corporate business gain will be allowed. 5. FEES: First three hours (day or night) $25. 00 Each additional hour or part thereof 10.00 6 . DEPOSITS: a. Key deposit: Individuals or groups proposing to use the community center in the evening may pick up a key at the community center between 2:00 PM and 4:00 PM on the day of the function. The building should be securely locked after the function and the key dropped in the mail slot at the back door. A returnable key deposit of $ will be charged; b. Cleaning deposit: All individuals or groups using the community center will be required to pay a cleaning deposit. The cost of cleaning or repairs, if needed, will be deducted from the deposit and the balance of funds will be returned to the individual or group in a timely manner. AMENDED AGENDA: 3B is a duplicate of 7E, paperwork is labeled 7E CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, APRIL 26, 1993, 7:15 P.M. 1111 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of April 12, 1993 2. Recognition of Visitors: 3. Old Business: A. Discussion and related action concerning fees for Adele Grage Community Center B. Approval of and authorization to sign DOT Interagency Contract C. Status of proposed contract with engineering firm for Atlantic Beach Wastewater Treatment Plant expansion (PW Director Robert Kosoy) D. Discussion and related action regarding approval to purchase a Riding Lawn Mower from Zaun Equipment in the amount of $10,845- Bid 9293-7 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 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. 4. Consent Agenda: A. Update report on defibrillator for Fire Department B. Update report on proposed Interlocal Agreement as it relates to Town Center C. Water and Sewer Committee report D. Report on Code Enforcement meeting of 4/13/93 E. Approval of Bid 9293-10 cleaning and televising sewer lines-Buccaneer Division F. Approval of Bid 9293-13 sanitary sewer rehabilitation of Ahern & 9th Streets and replacement of manhole on Vecuna Road and Royal Palms Drive G. Approval of Bid 9293-14 renovation of stand pipe and hydro-pneumatic water storage tank #4-Buccaneer Division H. Approval of Bid 9293-15 furnish and install 52 trees on city property I. Approval of Bid 9293-16 body wire system for Police Department 5. Resolutions: A. Resolution #93-14 approving Budget Adjustment BA-37 establishing revenue accounts for loan City received from Liberty National. B. Resolution #93-15 amending the purchasing policy to require that in the purchase of commodities at least two brands and acceptable models are specified on all invitations to bid C. Resolution #93-16 to direct the Finance Director to set up an /110 account for donations for a defibrillator for the Fire Department D. Resolution #93-17 designating the City Manager as agent for the City under the Federal Emergency Management Agency E. Resolution #93-18 approving Budget Adjustment BA-40 transferring of funds into the Beautification budget 6. Ordinances: A. Public hearing and final reading of an Ordinance #95-93-56 with revisions amending Chapter 18-solicitors-by regulating persons 1111 wishing to work for food 7. New Business: A. Discussion and related action regarding a proposed beautification project of landscaping a portion Atlantic Boulevard median (Beautification Coordinator Carl Walker) B. Discussion and related action regarding proposed ordinance to amend political sign regulations (City Planner George Worley) C Discussion and related action regarding proposed ordinance amending accessory structures (City Planner George Worley) D. Appeal of Variance Denial, 522 Clippership Lane (City Planner George Worley) E. Discussion and related action regarding an Interagency Agreement with FDOT for stormwater management and maintenance on Atlantic Boulevard(PW Director Robert Kosoy) F. Discussion and related action regarding the final payment for Section H (PW Director Robert Kosoy) G. Public hearing and related action regarding the proposed removal of 20 parking spaces on 19th Street and associated renovations (Commissioner Fletcher) 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: 41/ Adjournment Note: A workshop meeting will be held at 5:30 p.m. , April 26, 1993 to develop a policy for the use of the Adele Grage Community Center MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE O O ROAD, AT 7 : 15 P. M. MONDAY, APRIL 26 , 1993 . T T E E Present : William I . Gulliford, Jr. , D D Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker, M S J. Dezmond Waters, III Commissioners O E T C And : Kim D. Leinbach, City Manager I 0 Y Alan D. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The Invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of April 12, 1993 Edwards x x Motion: Approve minutes of the Fletcher x regular meeting of April 12, 1993 Tucker x x Waters x Gulliford x No discussion before the vote. The motion carried unanimously. 2 . Recognition of Visitors: Dick Brown, City Councilman, District 3 , reported he had appealed to the Jacksonville Administration to reconsider improving Church Road, and that Jacksonville had agreed again to work with Atlantic Beach on the project . He apologized for the way the matter was handled. Mayor Gulliford explained Church Road improvements entailed landscaping, sidewalks, and better lighting for the area. Mr. Brown also reported that it did not look likely that the Beaches would be getting any of the barge canal money being refunded to Duval County from the State of Florida. He indicated the Committee had the funds earmarked for environmental concerns . Mayor Gulliford presented Joseph Garvin with a plague in honor of his 25 years of service with the Police Department . Marian Moore, representing Hi-Line Contractors, Orlando, Florida, indicated it was her desire to protest the awarding of bid No. 9193-14, Renovation of Standpipe and Hydro-Pheumatic Water Storage Tank #4 , to the second lowest bidder. She indicated Hi-Line Contractors were disqualified because they Page 2 V V April 26 , 1993 NAME OF COMMRS. MSYN included a faxed copy of proof of insurance in their bid packet instead of the original document. Mayor Gulliford indicated this item was included under the Consent Agenda and he would allow Ms. Moore to speak to the matter later in the agenda. 3. Old Business: A. Discussion and related action concerning fees for Adele Grage Community Center This had been discussed at a workshop meeting earlier in the evening and it was decided this matter would be placed on the Commission agenda of May 10 , 1993 . B. Approval of and authorization to sign DOT Tnteragency Contract City Manager Kim Leinbach presented an Interagency Agreement between the City and Florida Department of Transportation (FDOT) . He explained at the April 12 , 1993 City Commission Meeting, the City' s Stormwater Consulting Engineer, Dr. Mitch Griffin, advised that the City would need to enter into an agreement with FDOT for monitoring illicit discharges into the mutually owned outfalls, particularly on Atlantic Boulevard and Mayport Road. It was explained the exact amount of money the City would receive had not been determined but it was felt the total package would be approximately $50 , 000 . Edwards x x Motion: Authorize entering into an Fletcher x Interagency Agreement, with funding, Tucker with the Florida Department of Waters x x Transportation, District II Gulliford Alan Jensen explained the actual agreement had not been finalized, and the City was waiting for a response from FDOT. It was decided the motion would go into effect when the final agreement was received from the FDOT. The question was called and the vote resulted in all ayes . The motion carried. C. Status of proposed contract with engineering firm for Atlantic Beach Wastewater Treatment Plant expansion Bob Kosoy, Public Works Director, presented a proposed contract between the City and Pitman-Hartenstein & Associates, Inc . , for services Page 3 April 26, 1993 V V NAME OF COMMRS. MSYN relative to the wastewater Treatment Plant expansion program. It was explained the Scope of Services included: Capacity Analysis Report ( $8 , 200 . 00) , Operation and Maintenance Performance Report ( $13 , 200 . 00) , and Operating Permit Application ( $3 , 000 . 00) . ( Items A, B & C of Scope of Services in Pitman & Hartenstein letter dated april 26 , 1993 to the City Manager) Edwards x Motion: Authorize execution of Fletcher x x Agreement for Professional Services Tucker x x between the City and Waters x Pitman-Hartenstein & Associates, Inc. Gulliford x for Wastewater Treatment Plant Expansion, subject to review by the City Attorney. No work shall be performed until fee is agreed upon. No discussion before the vote. The motion carried unanimously. D. Discussion and related action regarding approval to purchase a Riding Lawn Mower from Zaun Equipment in the amount of $1O,R45 - Bid 9293-7 Bob Kosoy presented a request to purchase a riding lawn mower from Zaun Equipment in the amount of $10 ,845 . 00 . He explained purchase authorization was delayed at the April 12 , 1993 Commission Meeting so that additional facts could be provided for justification of the purchase of the riding mower. He explained currently the Public Works Department was responsible for mowing and maintaining 28 . 3 miles of City right-of-ways. He explained $1 , 827 . 45 had been expended in maintenance repairs on the existing mower. He indicated $850 had been added to the bid price for the purchase of the mulching cutting deck instead of the standard side discharge deck. Commissioner Fletcher asked if the new mower would be heavy enough to withstand running over debris, to which Mr. Kosoy replied in the affirmative . Motion: Approve purchase of Riding Edwards x x Lawn Mower from Zaun Equipment in the Fletcher x amount of $10,845 .00, Bid No. #9293-7 . Tucker x Waters x No discussion before the vote. The motion carried Gulliford x unanimously. Page 4 April 26 , 1993 V V NAME OF COMMRS. MSYN 4. Consent AQencta: A. Update report on defibrillator for Fire Department B. Update report on proposed Interlocal Agreement as it relates to Town Center C. Water and Sewer Committee report D. Report on Code Enforcement meeting of 4/13/93 E. Approval of Bid 9293-10 cleaning and televising sewer lines-Buccaneer Division , F. Approval of Bid 9293-13 sanitary sewer rehabilitation of Ahern & 9th Streets and replacement of manhole on Vecuna Road and Royal Palms Drive G. Approval of Bid 9293-14 renovation of stand pipe and hydro-pneumatic water storage tank #4-Buccaneer Division .H. Approval of Bid 9293-15 furnish and install 52 trees on city property I. Approval of Bid 9293-16 body wire system for Police Department Commissioner Fletcher asked that Item B be withdrawn from the Consent Agenda; Mayor Gulliford asked that Item G be withdrawn from the Consent Agenda; Commissioner Tucker asked that Item H be withdrawn from the Consent Agenda. Edwards x x Motion: Approve passage of Consent Fletcher x Agenda with the exception of Items, Tucker x B, G, and H Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Update report on proposed Interlocal Agreement as it relates to Town Center Alan Jensen reported he had perused the proposed Interlocal Agreement and it appeared to be correct. , He indicated there were minor corrections to be made . Commissioner Fletcher indicated he would like this item placed on the agenda of May 10, 1993 for approval . The Mayor asked Commissioner Fletcher to explain the concept of the Town Center to Councilman Brown. Commissioner Fletcher explained the proposed project would change the parking configuration, provide landscaping and brick sidewalks which would be paid for by the sale of bricks . It was explained the $250 , 000 included in the Mayor' s Renaissance plan for Town center was based on matching funds and Mayor Gulliford requested that funds be matched up to $250 , 000, and he asked Councilman Brown to follow up on this . Page 5 April 26 , 1993 v V NAME OF COMMRS. MSYN G. Approval of Bid 9293-14 Renovation of Stand Pipe and Hydro-Pneumatic Water Storage Tank #4-Buccaneer Division Bob Kosoy, Public Works Director, reported the need to complete the work was urgent because the water tank had been down since November. He explained the low bidder, Hi-Line Contractors, included in their bid package a fax copy of their insurance certificate instead of the original insurance document, which was required by the City. Thus, Hi-Line Contractors were disqualified and the bid went to the second low bidder, Eagle Tank Technology Corporation. Mr. Kosoy referred to Eagle Tank Technology Corporation and he explained there had been some question concerning whether or not a site visit had been done by Eagle Tank. It was determined that the job site had been visited on at least two separate occasions by Eagle Tank. He added Eagle Tank had worked for the City in the past and would do a competent job. The Mayor asked if the rejection of the low bidder was solely because they did not submit documents as specified in the bid specifications, to which Mr. Kosoy replied in the affirmative. A discussion ensued concerning the insurance certificate, and the City Manager indicated there had been instances in the past where companies were not able to obtain proper insurance . Commissioner Edwards felt the stipulation to have the original insurance document was spelled out in the bid specifications and if the Commission voted to overlook the matter it would set a precedence on future bids. Mr. Kosoy explained bidders were routinely asked to submit certain items . Marian Moore, Representative of Hi-Line Contractors , felt the City, in order to save $5 ,000 , could waive the formality of submitting an original insurance document, rather than a faxed copy of the insurance document. Mayor Gulliford felt at the present time faxes were becoming more and more utilized. Edwards x Motion: Award Bid No. 9293-14, Fletcher x x Renovation of Stand-Pipe and Tucker x Hydro-Pneumatic Water Storage Tank Waters x x #4-Buccaneer, to lowest bidder, Hi Gulliford x Line Contractors, Orlando, Florida in the amount of $22,350.00, and waive matter of insurance certificate being a faxed copy instead of original insurance document . Award is subject to satisfactory reference check. Page 6 April 26 , 1993 V V NAME OF COMMRS. MSYN City Attorney Alan Jensen reminded the Commission that the low bidder did not meet bid specifications, and that the original certificate of insurance was called for in the specifications . Mr. Kosoy felt it would take additional time to check references of Hi-Line . Mayor Gulliford felt it was foolish to pay $5 ,000 more for the work because of a faxed copy. The question was called and the vote resulted in 4-1 with Commissioner Edwards voting nay. The motion carried. H. Approval of Bid 9293-15 Furnish and Install 52 Trees on City Property (City Hall) Commissioner Tucker pointed out there was $705 difference between the total bid price and the amount that had been originally budgeted. Karl Walker, Beautification Coordinator, explained the original figure was the cost estimated a year ago and prices had since gone up. He explained money for the project was available in the Beautification Budget . Edwards x Motion: Accept bid from The Big Tree Fletcher x: Company in the amount of $8,310.00, Tucker x x Bid No. 9293-15 - Furnish and Install Waters x x 52 Trees on City Property in Atlantic Gulliford x Beach No discussion before the vote. The motion carried unanimously. Mayor Gulliford referred to Item A of the Consent Agenda, update report on defibillator for Fire Department, and Chief Williams reported there was a resolution on the agenda regarding this matter. He reported fund raising would be held at the Spring Festival and "Dancing in the Street" to be held May 22 , 1993 . Resolutions: A. RESOLUTON #93-14: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full , in writing, Resolution #93-14 . Edwards x Motion: Approve passage of Fletcher x x Resolution #93-14 Tucker x waters x x Gulliford x • Page 7 April 26, 1993 V V NAME OF COMMRS. MSYN Commixsioner Tucker inquired if funds could be moved as items came due, rather than transferring funds at one time, to which Kirk Wendland explained in order to be consistent with the approved Fiscal Year 1992/93 approved budget, it was necessary to transfer all money at the present time. The question was called and the vote resulted in all ayes . The motion carried. B. Resolution #93-15: A RESOLUTION OF THE CITY OF ATLANTIC BEACH AMENDING THE PURCHASING POLICY OF THE CITY TO REQUIRE AT LEAST TWO BRANDS AND/OR ACCEPTABLE MODELS BE SPECIFIED ON ALL INVITATIONS TO BID ON COMMODITIES. Mayor Gulliford presented in full , in writing, Resolution #93-15 . Edwards Motion: Approve passage of TTuuckerer x Tucker x Resolution #93-15 Waters Gulliford Commissioner Waters inquired why the ordinance was necessary, to which it was explained the change was being made to assure the City was able to get competitive bidding. A discussion ensued concerning the language contained in the resolution and it was decided to remove the name of Joan S . Lavake, and to incorporate the language contained in the title of the resolution into the body of the resolution. Edwards x Substitute Motion: Approve passage Fletcher x x of Resolution #93-15, as amended. Tucker x x Remove name of Joan S. Lavake, and Waters x incorporate language "amending the Gulliford x purchasing policy of the city to require at least two brands and/or acceptable models be specified on all invitations to bid on commodities" under Section I . No discussion before the vote. The motion carried unanimously. c. Resolution #93-16: A RESOLUTION OF THE CITY OF ATLANTIC BEACH TO DIRECT THE FINANCE DIRECTOR TO SET UP AN ACCOUNT FOR DONATIONS GIVEN BY THE PUBLIC TO THE FIRE DEPARTMENT FOR A DEFIBRILLATOR, AND THE PROCEDURES TO USE REVENUE FROM THE ACCOUNT AND PROVIDING AN EFFECTIVE DATE. Page 8 April 26 , 1993 V V NAME OF COMMRS. MSYN Mayor Gulliford presented in full , in writing, Resolution #93-16 . Edwards x Fletcher x x Motion: Approve passage of Tucker x x Resolution #93-16 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. D. Resolution #93-17 : FEMA DISASTER RELIEF FUNDING RESOLUTION (Designating Kim Leinbach to be the City' s Agent) Edwards x x Motion: Approve passage of Fletcher x Resolution #93-17 Tucker x x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. E. Resolution #93-18: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full, in writing, Resolution #93-18 . Edwards x Motion: Approve passage of TTx x uckerer Resolution #93-18 terr x Waters x x Carl Walker, Beautification Coordinator, explained Gulliford x monies totaling $1 ,092 . 50 had been donated to the Beautification Committee, either for a specific landscaping project or for general planting purposes . He reported donations had been made by citizens and businesses of the community and had been deposited into the General Fund. Commissioner Fletcher pointed out the possibility of matching these funds, and he asked that this matter be brought up at the Commission meeting of May 10, 1993 . The question was called and the vote resulted in all ayes . The motion carried. 6 . Ordinances: A. Ordinance #95-93-56 - Public Hearing AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS RELATED TO CHARITABLE SOLICITATIONS, REQUIRING A PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE Mayor. Gulliford presented in full, in writing, Ordinance #95-93-56 , said ordinance having been posted in accordance with Charter requirements . He Page 9 V V April 26 , 1993 NAME OF COMMRS. MSYN opened the floor for a public hearing and invited comments from the audience. Lynn Poyner, 160 Sylvan Drive, Atlantic Beach, a member of the Jacksonville Emergency Services and Homeless Coalition, offered her assistance and indicated she had worked with the City of Jacksonville on a similar matter. Since no one else wished to speak the Mayor closed the Public Hearing. Edwards Motion: Approve passage of Ordinance Tuckerer Tucker x 95-93-56 on final reading Waters x Commissioner Fletcher was concerned the ordinance Gulliford was trying to fix a specific problem in a general way and it would burden every charitable oraani.zation. He also felt that hawking should be revisited A question was raised regarding the relevance of obtaining a criminal background check on someone applying for a solicitor' s permit, and possible information on the report that would warrant denial of the permit . It was explained the information would take a month to obtain from the Florida Department of Law Enforcement and the permit would have already been issued subject to acceptable background findings . The Commission felt more time was needed to consider the consequences of some of the proposed requirements . It was decided to appoint a committee to study the matter and the Mayor appointed the City Manager (Chairman) , City Attorney, Police Chief, J. P . Marchioli, and Lynn Poyner to serve on the Committee. The Committee was instructed to report back to the Commission on May 24 , 1993 with an amended ordinance. The Mayor indicated it would be necessary to have another public hearing for the proposed ordinance. Edwards x Substitute Motion: Defer action and Fletcher x x refer to Committee consisting of the Tucker x following: City Manager, City Waters x x Attorney, Police Chief, J. P. Gulliford x Marchioli, and Lynn Poyner. The Committee was instructed to amend the ordinance and report back to the Commission May 24, 1993 Page 10 v V April 26 , 1993 NAME OF COMMRS. MSYN The question was called and the motion resulted in a vote of 3-2 with Commissioner Edwards and Mayor Gulliford voting nay. 7 . New Business: Agenda Item 7G was taken out of sequence and acted upon at this time. G. Public hearing and related action regarding the proposed removal of 20 parking spaces on 19th Street and associated renovations Commissioner Fletcher presented recommendations from the Parking Committee to change from angled to parallel parking near the 19th Street beach access and add a sidewalk, which would eliminate 19 parking spaces. It was explained the changes were planned to improve safety as five vacant lots along the north side of 19th Street were soon to be developed into home sites, adding driveways along the roadway. It was explained the new plan would leave 14 parking spaces on 19th Street . Police Chief David Thompson reported new parking could be designated along other streets to replace the 19 spaces eliminated. Several Fleet Landing residents objected to the plan because they did not want beach access parking reduced in northern Atlantic Beach, near their housing project. Mayor Gulliford suggested more and possible all of the spaces at 19th Street could be reserved for residents . A property owner who intended to build his new house on the north side of 19th Street requested the Commission recognize the character of the land, and to treat his neighborhood like other neighborhoods in the city which have parallel, not angled parking in front of homes. The possibility of making the road one-way was discussed, but Chief Thompson explained such a move would greatly increase traffic along Beach Avenue from 19th to 20th Street. He indicated Beach Avenue was too narrow and poorly constructed to handle the extra traffic. Since no one else wished to speak the Mayor closed Edwards x the Public Hearing. Fletcher x x Tuckerctx x Motion: Approve recommendations of Parking Committee Gulli ord Page 11 v V April 26 , 1993 NAME OF COMMAS. MSYN The question was called and the vote resulted in all ayes . The motion carried unanimously. A. Discussion and related action regarding proposed beautification project of landscaping a portion of Atlantic Boulevard median Carl Walker reported the Beautification Committee desired to install plantings in the easternmost greenspace median of Atlantic Blvd. as an enhancement project. He indicated the proposed plan used plants less than 36" to conform with D.O.T. regulations . He explained the design would utilize only low maintenance, drought-resistant plants and would complement a similar planting pro=ject soon to begin on Ahern Street, east of Sherry Drive . He reported detailed plans, a landscape diagram, and the projected actual expenditure would be available at the Commission meeting following a special meeting of the Beautification Committee to finalize the specific of the project . Mayor Gulliford indicated he would like to have the project finished by May 15, 1993 . B. Discussion and related action regarding proposed ordinance to amend political sign regulations George Worley reported some time ago the Commission directed that thought be given to amending the regulation of political signs announcing candidacy for office . He explained he and Maureen King worked to reach a reasonable compromise between too much regulation which could interfere with the right of free expression, and too little regulation which could result in too many signs . A discussed ensued and it was decided to place this proposed ordinance on the agenda of May 10, 1993 , after review by City Attorney. C. Discussion and related action regarding proposed ordinance amending accessory structures George Worley presented a draft Accessory Structure Ordinance . He explained this was discussed some time ago and at the request of the City Commission the language had been examined by several different bodies. He explained the ordinance would establish different setback requirements for detached out buildings , such as storage buildings and free standing garages , from those setbacks for Page 12 April 26, 1993 v V NAME OF structures or attachments to COMMRS. M S Y N principalprir1r.ipaJ structures . The Mayor asked if a screened enclosure would be deemed to be an "accessory building" to which Mr. Jensen replied he would not consider a screened enclosure to be an "accessory building" but the Commission had considered screened enclosures to be "accessory buildings" in the past. The Mayor indicated a screened enclosure met the definition of "accessory use" - that it was incidental to the primary use of the main residence. The Mayor asked if a screened enclosure would be an "accessory building" by definition -- if one would have to get a permit for it, to which Mr. Jensen asked the Mayor if he was referring to the existing ordinance or the proposed ordinance. The Mayor replied he was referring to the existing ordinance and the proposed ordinance. The Mayor added his point was if the ordinance passed, if one wanted to attach a screened enclosure to one' s house to give one access to a pool, it could be denied if it encroached on 15 feet in the back. Mr. Jensen agreed the permit could be denied. The Mayor felt "accessory usage" was contingent upon whether or not it was attached, and he felt this should have no bearing on accessory usage, according to the definition. It was determined the proposed ordinance would be placed on the agenda for the next Commission meeting. D. Appeal of Variance Denial, 522 Clippership Lane George Worley explained this was an appeal of a decision of the Community Development Board when it denied a variance for the construction of a glass and brick room addition to the rear of the residence, the construction of which would encroach the rear setback requirement by ten feet. The purpose of the attachment was to provide a recreation type room. The setback requirement was 20 feet. Mr. Worley introduced Mrs. Mizell who was the owner of the property. Edwards x Motion: Denyx appeal for a variance Fletcher x x to permit the construction of a glass Tucker x and brick room addition to the rearof Waters x residence located at 522 Clippership Gulliford x Lane Page 13 v v April 26 , 1993 NAME OF COMMRS. M S Y N Mrs . John Mizell presented a petition which was signed by nearby residents indicating their approval of the proposed construction. She indicated she had hired a builder and poured a patio; however, the builder had since been fired since he led the Mizells to believe they could enclose the patio without a variance. Now, she explained, there was a 24 x 14 patio with nothing on it. She indicated the enclosure would be for the purpose of playing pool or recreation of that nature, she indicated she had a small backyard. She indicated if it was not possible to place a glass enclosure she would like to place a cabana. The Mayor asked if this would be an addition to existing living space, to which Ms. Mizell indicated it would, more or less, and that it would be for recreation. She explained it would be attached to the back of the house and it would be possible to walk out the back door into the room. The mayor asked what Ms. Mizell intended to do concerning heating, to which Ms. Mizell indicated she had a heat/air unit that would be inset in the brick wall . The brick wall would be knee-high, and a heat-air conditioning unit had been purchased for the addition. Commissioner Tucker asked how the Community Development Board voted, to which it was explained the vote was 4-2 , against the variance. The Mayor indicated Ms. Mizell brought up the idea of having a cabana, and he indicated the way he interpreted "accessory use" would be that a cabana would be permitted, but that the definition of "accessory use" would not permit what was being proposed before the Commission. What was being proposed was not incidental to the living space of the primary residence, which was where the problem lies, he added. The Mayor indicated the way he interpreted the City' s rules was that it would be possible to place a cabana as an accessory usage, but that accessory usage definition did not necessarily cover what was presently being proposed to the Commission. Commissioner Waters felt it would not be possible to place a cabana because there was an existing utility shed. Ms. Mizell indicated there was a wooden utility shed. The Mayor explained the utility shed would have to be removed. It was explained only one accessory building was allowed. Ms . Mizell indicated Margaret Cresson was allowed Page 14 v V April 26 , 1993 NAME OF COMMRS. MSYN to place a screen enclosure, and Ms. Cresson encroached five foot on the easement. The Mayor explained Ms. Cresson' s request was different because of the usage of the space; Ms. Cresson' s usage of the space was incidental to the living space. Ms . Cresson did not heat or air condition the space, and she used it solely as a screened enclosure, the Mayor explained. Ms. Cresson' s enclosure was attached, the Mayor explained, but he did not think it was the same usage as what Ms. Mizell was proposing. Ms. Mizell asked if a cabana would be the same as Ms. Cresson' s usage, to which the Mayor explained if Ms. Mizell wished to proposed something else that would be up to the Community Development Board and ultimately the Commission if there was an appeal . The Mayor explained the Commission had to act upon was what was presently proposed before them. The question was called and the vote resulted in 3-2 vote with Commissioner Edwards and Commissioner Tucker voting nay. The motion carried. F. Discussion and related action regarding final payment for Section H It was decided this matter will be discussed at the Commission meeting of May 10, 1993 . G. Public hearing and related action regarding the proposed removal of 20 parking spaces on 19th Street and associated renovations (this was discussed earlier in the agenda) 8. City Manager Reports and/or Correspondence: Kim Leinbach announced it would be necessary to have several meetings: a budget policy meeting, a joint meeting between the community Development Board and the Commission, and an update of the goal setting session. It was decided to have a budget policy meeting the first week in May, if possible, and the City Manager was instructed to poll the Community Development Board and set a meeting. With reference to the goal setting session report, it was decided this could be held prior to a Commission meeting, and the Mayor suggested having this after the budget meeting. Page 15 V V April 26 , 1993 NAME OF COMMRS. MSYN It was announced plans for the Concession Stand at Jack Russell Park would be available at the meeting of May 10 , 1993 . Commissioner Fletcher complained of speeding on 7th Street and 8th Street. Commissioner Tucker inquired concerning Pension figures and it was explained this would be discussed in a budget policy meeting. Commissioner Waters inquired whether Margaret Cresson had built a screened enclosure, to which Don Ford replied to his knowledge a permit had not been obtained. Commissioner Waters read four letters he had received from citizens indicating how much they enjoyed the Atlantic Beach Experimental Theater and the children' s drama class. There being no further busin: , - - •e Mayor adj .urned the meeting at 10:45 p m . \ Ai til \. / William I . Gullifo Mayor/Presiding Of 11111- A T T E S T: 1')-7a- gyp"''' Maureen King, Ci Cle