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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. Page 2 March 22 , 1993 V V NAME OF COMMRS. MSYN 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. Page 3 V V March 22 , 1993 NAME OF COMMRS. MSYN 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 Page 4 V V March 22 , 1993 NAME OF COMMRS. MSYN 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. • Page 5 v V March 22, 1993 NAME OF COMMRS. MSYN 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 Page 6 V V March 22 , 1993 NAME OF COMMRS. MSYN 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 Page 7 March 22 , 1993 V V NAME OF COMMRS. MSYN 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. Page 8 March 22 , 1993 v V NAME OF COMMRS. MSYN 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. Page 9 v V March 22, 1993 NAME OF COMMRS. MSYN 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. Page 10 v V March 22 , 1993 NAME OF COMMRS. MSYN 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. Page 11 v V March 22 , 1993 NAME OF COMMRS. MSYN 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 Page 12 v V March 22 , 1993 NAME OF COMMRS. MSYN 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