03-22-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, MARCH 22, 1993, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of March 8, 1993
2. Recognition of Visitors:
3. Old Business:
A. Proposed sign for Shoppes of Northshore (George Worley, City
Planner)
B. Discussion and related action relative to the proposed bus
shuttle at the beach (Commissioner Fletcher)
C. Program expenditure of CDBG funds (George Worley, City Planner)
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. Water and Sewer Committee report
B. Accept engineering proposal from Jim Lucas for water/sewer
extension on Shangri-La Drive
C. Change Order #5 for AB Water Treatment Plant 1&2 Improvement
Project
D. Accept Mutual Aid Agreement renewal
5. Ordinances:
A. Final reading and public hearing amending Ordinance #33-93-5
relative to election procedures for a commission seat being
vacated by a letter of resignation
B. Introduction and first reading of an Ordinance amending Chapter
18-solicitors-by regulating persons wishing to work for food
6. New Business:
A. Request for Use-by-Exception to operate a sign contracting
business on property zoned CG (City Planner George Worley)
B. Request for permission to operate a recycling center at the
American Legion Post on West First Street (John Hobbs, Service
Manager Reynolds Aluminum) (George Worley, City Planner)
7. City Manager Reports and/or Correspondence:
8. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE V V
ROAD, AT 7 :15 P. M. MONDAY, MARCH 22, 1993. 0 0
T T
Present William I . Gulliford, Jr. , Mayor E E
Glenn A. Edwards D D
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters, III, Commissioners M S
And: Kim D. Leinbach, City Manager T C
Alan C. Jensen, City Attorney I 0 Y
Maureen King, City Clerk NAME OF O N E N
COMMRS. NDSO
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 March 8. 1993 Edwards x x
Fletcher x
Motion: Approve minutes of the Tucker x x
regular meeting of March 8, 1993 Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
2 . Recognition of Visitors:
Stan Jones, 2051 Seminole Road, reported he had
moved his motor home to conform with city
ordinances, but that he noticed many people had not
moved their motor homes and were still in
violation. Don Ford, Code Enforcement Officer,
asked Mr. Jones to provide him with specific
addresses so that the matter could be pursued.
Michael V. Mattson, Attorney, spoke on behalf of
the parents of girls who utilized the City' s
facilities to play softball . He indicated girls
were discriminated against in the use of the
illuminated field. He reported girls were only
allowed to use the field when the boys were not
using the field. He asked the City to look into
the situation and for equal access to be provided
to the girls to practice and play games at night.
Mayor Gulliford asked Rose Blanchard, Director of
Recreation, to arrange a meeting of the parties and
to work out an agreement for everyone. Ms.
Blanchard was asked to give a report to the
Commission at the next meeting.
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Mayor Gulliford precentcd a letter. from Malcolm
Jones , 161 Beach Avenue, indicating Mr. Jones had
been billed one and one-half times the single unit
for water and sewer service . It was explained
although a garage apartment was a part of his
residence, Mr. Jones did not rent out the apartment
but only used it for family members who visited
occasionally. A discussion ensued regarding this
matter and the City Manager was asked to write a
letter to Malcolm Jones explaining the method of
billing for water and sewer when a residence
contained two livable units .
Mayor Gulliford reported Kim Leinbach, City
Manager, and George Worley, City Planner, attended
a meeting at the City of Jacksonville concerning
the availability of Community Development Block
Grant funds to the city of Atlantic Beach.
Jacksonville officials indicated that $30, 000,
which had been committed for Church Road
improvements, would not be available to Atlantic
Beach. It was indicated the funds had been
withdrawn because of the pending lawsuit by the
City of Atlantic Beach against the City of
Jacksonville .
3 . old Business:
A. Proposed sign for Shoppes of Northshore
George Worley presented the request for a sign by
the Shoppes of Northshore . George Bull ,
representing Shoppes of Northshore, provided the
Commission with a sketch of the proposed sign.
George Worley indicated two lines of the sign would
be committed for community news and that the city
would have access and control of the sign. Mr.
Bull indicated Shoppes of Northshore would work
closely with the City.
Motion: Approve sign for Shoppes of Edwards x x
Northshore with the condition the Fletcher
sign would come before the City Tucker x
Commission for approval in two waters x x
years. The City Manager was directed Gulliford x
to enter into an agreement indicating
the City' s utilization of the sign
Commissioner Fletcher indicated he was opposed to
the sign as it would set a precedent . He reminded
everyone it was a commercial sign and that no
special circumstances existed to allow the sign.
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George Bull reminded the Commission that banners
would no longer be placed on the fence.
J. P. Marchioli suggested adding "City of Atlantic
Beach, Florida" to the language contained in the
sign . Mr. Bull thanked Mr. Marchioli and indicated
he would work with the City Manager to incorporate
the language .
Commissioner Fletcher felt the sign should come
before the Commission for approval within one year.
Substitute Motion: Approve sign for Edwards
Shoppes of Northshore with the Fletcher x
condition the sign would come before Tucker
the City Commission for approval in Waters
one year Gulllifor3
Motion died for lack of a second.
The question was called on the original motion
which carried by a 1-4 vote, with Commissioner
Fletcher voting nay.
Mayor Gulliford suggested the Beautification
committee landscape the first median in Atlantic
Beach at Atlantic Boulevard and Sherry Drive, and
since the median was close to Shoppes of
Northshore, they might desire to participate in
the project.
Edwards x
Motion: Authorize the Beautification Fletcher x x
Committee to landscape the first Tucker x x
median on Atlantic Beach, at Atlantic Waters x
Boulevard and Sherry Drive, with the Gulliford x
suggestion that Shoppes of Northshore
participate in the project
The question was called and the motion carried
unanimously.
B. Discussion and related action relative to
the proposed bus shuttle at the beach
Commissioner Fletcher reported concerning
recommendations of the Parking Committee. He
suggested authorizing the Parking Committee to
pursue with the Jacksonville Transportation
Authority (JTA) the operation of a shuttle service
for park and ride transportation to the beach.
He explained the shuttle would run from shopping
areas to transport people to the beach. He
reported members of the parking study committee
proposed having a trolley-like bus leave from a
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parking lot on Atlantic Boulevard every 15 minutes
and deliver passengers to the Atlantic Boulevard
beach access . The bus could also stop at either
Donner or Jordan Park once an hour.
Edwards x
Motion: Authorize the Parking Fletcher x
Committee to negotiate into an Tucker x x
agreement with the Jacksonville Waters x x
Transportation Authority to provide a Gulliford x
shuttle service for park and ride
transportation to the beach
Police Chief Thompson indicated he had reservations
about a bus turning around on city streets. He
suggested using Mayport Road and Atlantic
Boulevard, only. A discussion ensued concerning
the possibility of using a smaller bus and it was
explained JTA does not have small equipment . The
possibility of using a jitney was discussed.
Jeanette Hoekstra, member of the Parking Study
Committee, reported the Committee was looking for a
reliable method of getting people back and forth to
the beach, with the possibility of picking up
people every hour on the hour in the Donner Park
and Section H sections .
It was explained the focus of the Committee was to
reduce the congested parking problem. It was
decided to work with the initial plan and, in the
future, if the plan works, to examine alternate
methods .
The question was called and the motion carried
unanimously.
Commissioner Fletcher referred to the parking
situation on 19th Street . He reported the
Committee met with property owners . Chief Thompson
reported the Committee recommended installing 6 '
sidewalks, parallel parking, having two-way
traffic, and landscaping. He indicated the plan
would eliminate 19 or 20 parking spaces but would
not decrease the number of parking spaces which
were reserved for vehicles with parking permits .
Commissioner Waters indicated he had a problem
taking away 20 parking spaces . He felt the
Commission had an obligation to find 20 more
parking spaces elsewhere in the City.
•
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It was decided this matter would be placed on the
April 12 , 1993 Commission agenda for a public
hearing at which time formal action would be taken.
Mayor Gulliford suggested placing restrictions on
night parking at street ends. He felt restrictions
would eliminate excessive noise and related
problems .
C. Program expenditure of CDBG funds
George Worley reported the CDBG Contract had been
approved by the Mayor' s Budget Review Committee in
Jacksonville on March 22 , 1993 . He recommended
starting the bidding process relative to the
scheduled rehabilitations, with progress reports
given to the Commission. He felt there was time to
get all the work completed within schedule.
4. Consent Agenda:
A. Water and Sewer Committee report
B. Accept engineering proposal from Jim Lucas for
water/sewer extension on Shangri-La Drive
C. Change Order #5 for AB Water Treatment Plant 1
& 2 Improvement Project
D. Accept Mutual Aid Agreement renewal
Commissioner Tucker requested Consent Agenda Item C
be withdrawn from the Consent Agenda, and
Commissioner Waters requested Consent Agenda Item D
be withdrawn from the Consent Agenda.
Motion: Approve passage of Consent Edwards x
Agenda with the exception of Items C Fletcher x x
and D Tucker x
Waters x x
No discussion before the vote. The motion carried Gulliford x
unanimously.
C. Change Order #5 for AB Water Treatment Plant 1
& 2 Improvement Project
Commissioner Tucker inquired whether Change Order
#5 had been discussed with the Water and Sewer
Committee. Bob Kosoy explained several items were
discussed with the Water and Sewer Committee, but
some items were so small they were not discussed
with the Committee.
Edwards x
Motion: Approve passage of Item C of Fletcher x
the Consent Agenda Tucker x x
-waters x x
Gulliford x
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No discussion before the vote. The motion carried
unanimously.
B. Accept Mutual Aid Agreement renewal
Commissioner Waters inquired concerning the cities
that were involved in the Mutual Aid Agreement, to
which Police Chief Thompson responded the City had
agreements with Fernandina Beach, Neptune Beach,
Jacksonville Beach, Green Cove Springs, and the
City of Jacksonville, as well as other neighboring
cities .
Edwards x
Motion: Approve passage of Item D of Fletcher x
the Consent Agenda Tucker x x
Waters x x
No discussion before the vote. The motion carried Gulliford x
unanimously.
5 . Ordinances:
A. Ordinance No. 33-93-5 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 2, ARTICLE II, BY ADDING SECTION 2-21 WHICH
ESTABLISHES THE PROCEDURES TO BE USED TO FILL A
COMMISSION SEAT WHICH IS BEING VACATED BY A
COMMISSIONER SUBMITTING A LETTER OF RESIGNATION TO
RUN FOR ANOTHER OFFICE AND PROVIDING AN EFFECTIVE
DATE
Mayor Gulliford presented in full , in writing,
Ordinance #33-93-5, said Ordinance having been
posted in accordance with Charter requirements. He
opened the floor for a public hearing and invited
comments from the audience.
Since no one wished to speak the Mayor closed the
Public Hearing.
Edwards x
Motion: Approve passage of Ordinance Fletcher x
#33-93-5 Tucker
Waters
Gulliford
Alan Jensen, City Attorney, felt the Ordinance
needed clarifying regarding the effective date of
resignation. He explained Florida State Statutes
set forth guidelines relative to resignation from
a City Commission seat, and he indicated he would
revise the language according to State Statute.
Edwards x
Substitute Motion: Approve passage Fletcher x x
of ordinance #33-93-5 incorporating Tucker x x
changes suggested by City Attorney to Waters x
clarify effective date of resignation Gulliford x
according to Florida State Statutes
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No discussion before the vote . The motion carried
unanimously.
B. Introduction and first reading of an Ordinance
amending Chapter 18-solicitors - by regulating
persons wishing to work for food
Alan Jensen asked the Commission for direction
concerning the preparation of the ordinance . He
advised it would be necessary to revise entire
Chapter 18 and he indicated if this was the desire
of the Commission he would have the ordinance ready
by the meeting of April 12 , 1993 .
A discussion ensued and it was determined many
solicitors who created problems by harassing
citizens conducted their activity in private
parking lots . It was explained the parking lots
were private property and owned by businesses, and
thus it was necessary for the property owners to
request police assistance in removing the
solicitors . The City Manager was instructed to
write a letter to businesses on Atlantic Boulevard
asking for their help in requesting police
assistance to clear their property of solicitors .
Alan Jensen was instructed to prepare an ordinance
revising Chapter 18 to be placed on the agenda of
April 12 , 1993 .
6 , New Business:
A. Request for Use-by-Exception to operate a sign
contracting business on property zoned CG
George Worley, City Planner, presented a request
for Use-by-Exception to operate a sign contracting
business on property zoned CG. He reported a
number of other contracting businesses were located
nearby and a Use-By-Exception was obtained for this
location for a cabinet shop in 1986 . He reported
the Community Development Board Board considered
the impact on the area and the compatibility of
this type of business with existing uses nearby and
found that the impact would be minimal and use
compatible . The Board recommended granting the Use
by Exception to Beaches Neon Sign Company; if
another business moved to the location it would be
necessary to request a new Use-By-Exception.
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Mayor Gulliford opened the floor for a public
hearing. Since no one wished to speak the Mayor
closed the public hearing.
Motion: Approve request for Edwards x x
Use-By-Exception to Beaches Neon Sign Fletcher x
Company to operate a sign business on Tucker x x
property zoned CG and owned by Karl Waters x
Grunewald, at 42 West 8th Street. Gulliford x
No discussion before the vote . The motion carried
unanimously.
B. Request for permission to operate a recycling
center at the American Legion Post on West
First Street
George Worley presented a request for a proposed
recycling center by Reynolds Aluminum. He
introduced John A. Hobbs, Service Center Manager of
Reynolds Aluminum, who explained Reynolds would
like to set up a trailer/collection station on West
1st Street on the American Legion Post property.
He explained the collection station would pay cash
for recyclable aluminum items which would be loaded
into the trailer until it was full . When full , the
trailer would be removed and replaced with
another. He indicated the site would be kept
clean.
Commissioner Fletcher inquired whether there would
be a traffic problem entering the business from
Atlantic Boulevard, to which Mr . Hobbs explained
Reynolds had operated the business in the past and
there was no problem or complaints .
Commissioner Tucker explained in the past there was
a problem with abandoned shopping carts, to which
Mr. Hobbs explained Reynolds did not intend to
accept aluminum cans from shopping carts . He added
if there was a problem with shopping carts,
Reynolds would return the carts to their rightful
owners .
Commissioner Tucker inquired whether there would be
an impact on Waste Management, to which Kim
Leinbach replied there was no conflict with the
City' s contract with Waste Management. Mr. Hobbs
added it was the intent of Reynolds to augment the
recycling program, and they did not intend to be in
conflict with any recycling program the City
currently had.
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It was determined there was an existing recycling
business located on West 6th Street.
Robert Fenwick, owner of Beach Recycling on West
6th Street, explained he had been in business in
Atlantic Beach for three years . He felt since
Reynolds operated from a trailer and not a place of
business, it should not be considered a permanent
business . He indicated in the past Reynolds had
been shut down by the State of Florida.
Alan Jensen indicated he would report whether it
was legal for the City to grant an occupational
license to a business operated from a trailer.
A discussion ensued concerning the zoning of the
property, permitted uses, and exceptions, and the
matter was referred to the Community Development
Board for their suggestions or recommendations .
7 . City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager, reported the Community
Development Board would like to have a joint
meeting with the Commission. Mr. Leinbach was
instructed to arrange a meeting.
Kim Leinbach reported Jim Jarboe attended a FEMA
meeting, and it was reported the City would be
able to recoup some expenditures due to recent
storms .
Kim Leinbach reported he had received a letter from
Brenda Porter, Town Center Festival Coordinator,
requesting closing of streets for Saturday, May 22 ,
1993 to hold the 8th Annual Dance in the Streets,
from 11 : 00 a. m. until 10 : 00 p. m. The Commission
agreed the City Manager and Police Chief had been
delegated to close streets for special events .
Kim Leinbach referred to Ben Shimp who was injured
in an accident . Mr. Leinbach advised a walkathon
would be held to raise funds for Mr. Shimp, May 8,
• 1993 , beginning at the Selva Marina Country Club to
the Sea Turtle and back.
Kim Leinbach reported proposals had been received
from financial advisor candidates . He asked for
advice from the Commission regarding how to proceed
to hire a financial advisor. Commissioner Fletcher
felt it was premature to pursue hiring a financial
advisor until the matter of temporary financing was
resolved.
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A discussion ensued regarding the function of the
proposed financial advisor and Mr. Leinbach
explained the Commission would direct the financial
advisor concerning exactly what his duties would
be, and that the duties would be narrow in scope .
Tt was explained the financial advisor would
conduct an independent review of the course the
city decided to take . It was felt it would be
prudent to solicit bids so that when the city
decided to hire a financial advisor, a selection
would already be in place .
Edwards x
Motion: Direct City Manager to Fletcher
solicit proposals from financial Tucker
advisors Waters
Gulliford
Motion died for lack of a second.
Kim Leinbach reported a Goal Setting Session would
be held Saturday, March 27 , 1993 , at 8 : 30 a. m. in
the Community Center Building.
8 . Mayor to call on City Commissioners, City
Attorney and City Clerk:
Commissioner Waters distributed maps and
illustrated a triangular piece of property located
at Seminole, Ocean, and 16th Street, which he felt
could be sold to fund the purchase of other
property at Jordan Park. He indicated he would
like the proposed land at Jordan Park to be used
for additional soccer fields .
A discussion ensued concerning whether Donner
residents would like to have a soccer field and it
was felt the residents would feel soccer fields
would not add to their quality of life, and that
funds could he used for more useful purposes .
Commissioner Fletcher indicated he would prefer not
to sell property, but would rather use other funds
to purchase the property under discussion.
Edwards x
Motion: Direct City Manager to Fletcher x
solicit bids to sell triangular Tucker x
property at Seminole, Ocean, and 16th Waters x x
Street Gulliford x x
The question was called and the vote was 2-3 , with
Commissioner Edwards, Fletcher, and Tucker voting
nay.
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George Worley was instructed to aggressively pursue
the purchase of property adjacent to Jordan Park.
It was announced the Community Meeting of the
Donner Park Community Development had been changed
to April 4 , 1993 , 3 : 00 p. m. , at the City Hall .
Commissioner Tucker inquired whether Atlantic Beach
Experimental Theater (ABET) Workshops should be
included in the activities held at the Adele Grage
Community Center for which fees had been waived.
A discussion ensued and it was decided this matter
would be an agenda item for the meeting of April
12 , 1993 . Commissioner Tucker was asked to listen
to the tape of the Commission meeting wherein
certain fees were waived for ABET. Kim Leinbach
was instructed to provide the commission with a
breakdown of monies the city had collected for use
of the Community Center.
Commissioner Tucker indicated her desire to discuss
the City' s Pension Plan before November 1 , 1993 . Edwards x
Fletcher x x
Motion: Ask Pension Board to bring
their recommendation to Commission by Tucker x x
April 15, 1993 Waters x
Gulliford x
Commissioner Waters indicated he would not be able
to attend the meeting of April 15 , 1993 .
The question was called and the vote was 4-1 with
Commissioner Waters voting nay. The motion carried.
Mayor Gulliford commended those who had assisted
the David Archer family during their recent tragedy.
Mayor Gulliford referred to recent JEA power
outages that had occurred during stormy weather.
He was concerned that Atlantic Beach residents had
received busy signals or they were met with no
answer when they tried to reach JEA. The Mayor
indicated he had written a letter to JEA stating he
felt the City should have direct phone and fax
access . He commended the Atlantic Beach
Dispatchers . The Fire Department was commended for
blocking streets where power lines had fallen.
Mayor Gulliford advised there would be a Tree
Ordinance presented in the near future .
Mayor Gulliford indicated he was concerned about
the Recreation Advisory Boards ' s apparent lack of
interest . A discussion ensued concerning how the
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Recreation Board originated and it was determined
the Board was created by Resolution, and that
presently there were five members .
The Mayor indicated questions had ensued concerning
the City' s recreational facilities and charging for
usage, and the matter should be addressed. A
discussion ensued concerning creating a Recreation
Board by ordinance. It was decided to address the
matter at an upcoming Goal Setting workshop.
There being no further business t, - Mayor adjour ed
the meeting at 10 : 30 p. . N
J
Will am I . Gullif*�
Mayor/Presiding Of
ATTES T:
Maur en !ting, Cit Clkk