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05-22-00 v • CITY OF ATLANTIC BEACH COMMISSION MEETING - May 22, 2000 7:15 P.M. AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meetings of May 8, 2000 2. Courtesy of Floor to Visitors: A. Ed Parpart and Larry Pickett requesting donation of $1,000 towards the commissioning of U.S.S. Roosevelt (Comm. Waters) 3. Unfinished Business from Previous Meeting A. Follow-up report from the meeting of May 8, 2000 (City Manager) 4. Consent Agenda: 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 A. Acknowledge receipt of monthly Police,Fire/Rescue,and Animal Control report(City Manager) B. Award contract to Gruhn May, Inc. in the amount of $58,205.40 for Manhole Rehabilitation 2000 pursuant to CDBG Bid No. 9900-12, and authorize the City Manager to sign the construction contract (City Manager) C. Authorize the Mayor to sign transmittal form for the Annual Local Government Financial Report and the application for Revenue Sharing 2000-2001 State Fiscal Year (City Manager) D. Authorize execution of a Special Warranty Deed for Parcels 100, 103, 130, 800 and 801, and a Permanent Drainage Easement for Parcel 803; authorize execution of Memorandum of Understanding with Jacksonville Transportation Authority (City Manager) 5. Committee Reports: 6. Action on Resolutions: S • Page Two AGENDA May 22, 2000 7. Action on Ordinances: A. Ordinance No. 80-00-61 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,AMENDING CHAPTER 22, UTILITIES, ARTICLE III, WASTEWATER SYSTEM,DIVISION 2, USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74, INSTALLATION OF TOILET FACILITIES REQUIRED;CONNECTION OF FACILITIES TO PUBLIC SEWER, SETTING FORTH A TIME SCHEDULE FOR CONNECTION TO PUBLIC SEWERS, AUTHORIZING THE CITY TO OFFER FINANCIAL INCENTIVES FOR SUCH CONNECTIONS, PROVIDING PENALTIES FOR FAILURE TO CONNECT, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 65-00-28 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,CLOSING, VACATING AND ABANDONING CERTAIN PORTIONS OF BEGONIA AND WEST FIRST STREETS, AND PROVIDING AN EFFECTIVE DATE (City Manager) C. Ordinance No. 20-00-46 Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING • OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 8. Miscellaneous Business: A. Award contract to Insituform Technologies, Inc. in the amount of$1,520,615.80 for Core City Sanitary Sewer Improvements project pursuant to the specifications of Bid No. 9900-11; authorize use of$300,000 in DCA grant funds and $350,000 in Water Advisory Panel grant funds for this project, and authorize temporary transfer from Sewer Utility Reserves in the amount of$430,615.80 until grant funds are received (City Manager) B. Upon completion of design and permitting, authorize staff to contract with either Gruhn May, Inc. or Superior Contracting, Inc., for water line relocation at Mayport Road Flyover, based on the lowest price proposal, in an amount not to exceed $234,246. (City Manager) C. Authorize the sale of fire truck to the City of Jacksonville Beach for$35,000 or direct staff to seek additional offers for the purchase of the fire truck (City Manager) D. Approve amendment to Interlocal Agreement Creating Duval Beaches Regional Sewer Utility dated August 16, 1984, as approved by Neptune Beach City Council on May 1, 2000, and authorize the Mayor to sign the amendment (City Manager) E. Aikenhead and Odom report on the Core City Stormwater project 9. City Manager Reports: 4111 10. Reports and/or requests from City Commissioners and City Attorney Adjournment 110 Page Three AGENDA May 22, 2000 If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,any agenda subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,May 19,2000. • 0 ✓ v O O T T • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E BEACH CITY COMMISSION HELD IN CITY HALL, 800 s s SEMINOLE ROAD AT 7:15 PM ON MONDAY, MAY 22, 2000 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tern Mike Borno Theo Mitchelson Dezmond Waters, Commissioners AND: James Hanson, City Manager M S Alan C. Jensen, City Attorney 0 E Maureen King, City Clerk T C I O Y ONEN COMMISSIONERS N D I S 0 The meeting was called to order by Mayor Meserve at 7:15 p.m. The invocation was offered by Commissioner Waters, followed by the Pledge of Allegiance to the Flag. S i. Approval of the minutes of the Regular Meeting held May 8, 2000 The minutes of the Regular Meeting held May 8, 2000 were approved as presented. 2. Courtesy of the Floor to Visitors: A. Ed Parpart and Larry Pickett requesting donation of$1,000 toward the commissioning of the U.S.S. Roosevelt (Comm. Waters) Ed Parpart, the Beaches representative on the Commissioning Committee, and Larry Pickett, a member of the Mayport Council of the Navy League, briefly explained the request and stated that part of the donated funds would be used to provide plank order plaques for the three hundred and forty-three crew members. It was pointed out that the commissioning festivities of October 14`h would coincide with Fleet Week which would bring several thousand people to the area and benefit local businesses. BEAVER X BORNO X • Motion: Authorize a donation of $1,000.00 to the MITCHELSON X Commissioning Committee of the U.S.S. Roosevelt, with WATERS X X funds taken from the bed tax funds. MESERVE X I X M S O E T C Minutes Page -2- 1 O Y May 22, 2000 ONE N IIICOMMISSIONERS N D S 0 Discussion ensued concerning the propriety of using city funds when the city had an ordinance which prohibited contributing city funds to any charitable, non-profit or other worthy causes. City Attorney Jensen advised that the city could give monetary support to sponsor a historical event. Following brief discussion, the motion carried by a four to one vote with Commissioners Beaver, Borno and Waters and Mayor Meserve voting aye, and Commissioner Mitchelson voting nay. Danny Thiele of 107 Azalea Place, Neptune Beach, requested that the Commission consider passage of an ordinance regulating ocean front lighting during sea turtle nesting season. J.P. Marchioli of 414 Sherry Drive complained of speeding and litter on Sherry Drive and suggested that Junior Police Officers be used to monitor speeding and littering in the city. He also pointed out a difference between the amount reported in item 8A and the amount listed on the bid tabulation sheet. • Nancy White of 1729 Seminole Road distributed photographs of property located on 17`h Street between Beach Avenue and Seminole Road and expressed concern that the property was being used as a parking lot for recreational vehicles other than those belonging to the owner. Ms. White felt this type of activity was unsightly and devalued adjoining property. Rich Grady 1820 Ocean Grove Drive requested that the Commission explain how the figure of$1,250.00 was determined for an impact fee. Mr. Grady indicated that the fee in Jacksonville Beach was lower than $1,250.00 and the City of Neptune Beach had no impact fee. He felt the city should waive the fee. Lyman Fletcher of 804 East Coast Drive suggested the Commission explore the idea of saving a 1930's log cabin located on Seminole Road, and having it reconstructed on Dutton Island. Former Mayor Fletcher suggested that the Commissioners contact Larry Hunt, owner of the cabin, to look at the building. 3. Unfinished Business from Previous Meeting A. Follow-up report from the meeting of May 8, 2000 (City 0 Manager) M S O E Minutes Page -3- T c I O Y May 22, 2000 ONE N 111 COMMISSIONERS N D S 0 City Manager Hanson reported on the following matters which had been raised at the previous meeting: Parking Signs On Ocean Boulevard City Manager Hanson indicated that vertical signs were recommended, but the Uniform Traffic Code allowed signs to be painted on curbs. Motion: Direct the City Manager to look into placing MITCHELSON X non-vertical signs that say "No Parking" in Town Center. WATERS x Public Safety Director Thompson indicated that handicapped signs had to meet state and federal standards, but the City Code could be amended to allow other painted signs. A brief discussion of signs ensued and the second and motion were withdrawn by Commissioners Mitchelson and Waters respectively. Commissioner Waters requested that the City Manager and Public Safety Director be authorized to research the request and bring back a recommendation to the Commission amending the existing ordinance to • reflect the use of non-vertical signs. It was the consensus of the Commission to do so. Mayor Meserve requested that the City Manager look into the litter and parking problems mentioned under Item 2. 4. Consent Agenda: A. Acknowledge Receipt of Monthly Police, Fire/Rescue and Animal Control Report(City Manager) B. Award contract to Gruhn May, Inc. in the Amount of $58,205.40 for Manhole Rehabilitation 2000 Pursuant to CDBG Bid No. 9900-12, and Authorize the City Manager to Sign the Construction Contract(City Manager) C. Authorize the Mayor to Sign Transmittal Form for the Annual Local Government Financial Report and the Application for Revenue Sharing 2000-2001 State Fiscal Year (City Manager) Commissioner Borno requested that Item D be removed from the 0 Consent Agenda for further discussion. M S O E Minutes Page -4- i o Y IIIMay 22, 2000 0 N E N COMMISSIONERS N D S 0 Motion: Approve Consent Agenda Items A - C as BEAVER X recommended. BORNO X X MITCHELSON X There was no discussion and the motion carried unanimously. WATERS x x MESERVE X Commissioner Borno inquired if the city had received the Memorandum of Understanding from the Jacksonville Transportation Authority (JTA). City Manager Hanson indicated that the document had been received, but it was not signed since it had not been approved by the JTA Board. A. Authorize execution of a Special Warranty Deed for Parcels 100, 103, 130, 180 and 801 and a Permanent Drainage Easement for Parcel 803; Authorize execution of Memorandum of Understanding with Jacksonville Transportation Authority (City Manager) Motion: Authorize execution of a Special Warranty Deed for BEAVER X Parcels 100, 103, 130, 180 and 801 and a permanent drainage BORNO X X easement for Parcel 803; and authorize execution of MITCHELSON X Memorandum of Understanding with Jacksonville WATERS X X MESERVE X • Transportation Authority. First Amendment to Motion: Contingent upon receipt of a BEAVER X signed Memorandum of Understanding from the BORNO X X Jacksonville Transportation Authority. MITCHELSON X WATERS X X MESERVE X Commissioner Waters thanked staff for the maps included under Item 4D. Commissioner Beaver inquired concerning the discrepancy between the city's list of obligations of the JTA and those listed by the JTA on the Memorandum of Understanding. Second Amendment to the Motion: Direct the City Manager BEAVER X to ensure the inclusion of the fifth item in the Memorandum BORNO X MITCHELSON X X of Understanding. (The fifth item is as follows: That the WATERS x landscaped area originally proposed by the JTA for an area south MESERVE x X of West First Street fronting on Mayport Road be extended northward across the abandoned West First Street right-of-way to partially screen a portion of the mobile home park). There being no further discussion,the second amendment to the motion, the first amendment to the motion and the motion all carried unanimously. • Mayor Meserve indicated that the Metropolitan Planning Organization (MPO) agreed to conduct an intensive traffic study in the Marsh Oaks M S O E T C Minutes Page -5- I 0 Y May 22, 2000 ONEN • COMMISSIONERS N D S 0 and Plaza area after completion of the flyover. 5. Committee Reports There were no Committee Reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 80-00-61 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22, UTILITIES, ARTICLE III,WASTEWATER SYSTEM, DIVISION 2, USE OF PUBLIC SEWERS REQUIRED, SEC. 22-74, INSTALLATION OF TOILET FACILITIES REQUIRED; CONNECTION OF FACILITIES TO PUBLIC SEWER, SETTING FORTH A TIME SCHEDULE FOR CONNECTION TO PUBLIC SEWERS, AUTHORIZING • THE CITY TO OFFER FINANCIAL INCENTIVES FOR SUCH CONNECTIONS, PROVIDING PENALTIES FOR FAILURE TO CONNECT,AND PROVIDING AN EFFECTIVE DATE BEAVER X X BORNO X X Motion: Approve Ordinance 80-00-61 on final reading. MITCHELSON X WATERS X MESERVE x Mayor Meserve opened the public hearing and invited comments from the audience. Donald Dagley of 550 Camelia Street stated he was on a septic system which had been permitted by the city and worked perfectly, and he did not want to connect to the sewer. Since no one else wished to speak, the Mayor closed the public hearing. Commissioner Waters stated he opposed the ordinance. He felt the Marsh Oaks (Section H) residents were being treated unfairly, the impact fee was too high, and six years for Ocean Grove residents to hook up was insufficient compared to the time allowed for other residents now under special assessments. • Mayor Meserve briefly explained the intent of the ordinance and stated that it had nothing to do with impact fees. City Manager Hanson provided a brief history of the use of impact fees. M S O E T C Minutes Page -6- I o Y May 22, 2000 ONE N • COMMISSIONERS N D S ! 0 Mary Ellen Waugh of 1710 Beach Avenue suggested that the Commission waive or reduce the impact fees for those residents currently on septic systems who will have to connect to the sewer. Commissioner Waters also expressed his objection to excluding the "due on sale"clause from the ordinance which he felt would facilitate the process of eliminating septic tanks (See Attachment A, May 8, 2000 Commission Meeting Minutes). City Manager Hanson indicated that the policies relative to the implementation of the financial incentives portion of the ordinance, which were distributed at the last meeting, would be placed on the next agenda for approval. Mayor Meserve indicated that policies would be brought back in the form of a Resolution for Commission approval on June 12, 2000. There being no further discussion, the motion carried by a four to one vote with Commissioners Beaver, Borno, Mitchelson and Mayor Meserve voting aye, and Commissioner Waters voting nay. • B. Ordinance No. 65-00-28 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING CERTAIN PORTIONS OF BEGONIA AND WEST FIRST STREETS, AND PROVIDING AN EFFECTIVE DATE (City Manager) BEAVER X X BORNO X X MITCHELSON X Motion: Approve Ordinance 65-00-28 on final reading. WATERS X MESERVE X Mayor Meserve opened the public hearing and invited comments from the audience. Shirley Taylor of 480 West 9th Street inquired concerning the street closing and said she thought West First Street had already been closed by the City Commission at a recent meeting. City Manager Hanson explained that this action would abandon the street right-of-way which will be required by the Jacksonville Transportation Authority in connection with the Mayport Road flyover project. There being no further comments, the Mayor closed the public hearing. 0 There was no discussion and the motion carried unanimously. M S O E T C Minutes Page -7- I o Y May 22, 2000 O N E N 111 COMMISSIONERS N D S 0 C. Ordinance No. 20-00-46 Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 BEAVER X BORNO X X MITCHELSON X X Motion: Approve Ordinance 20-00-46 on final reading. WATERS X MESERVE X Mayor Meserve opened the public hearing. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Award contract to Insituform Technologies, Inc. in the amount of$1,520,615.80 for Core City Sanitary Sewer Improvements Project pursuant to the specifications of Bid No. 9900-11; authorize use of$300,000 in DCA Grant Funds and $350,000 in Water Advisory Panel Grant Funds for this • project, and authorize temporary transfer from Sewer Utility Reserves in the amount of$430,615.80 until grant funds are received (City Manager) Motion: Award contract to Insituform Technologies, Inc. in BEAVER x the amount of$1,520,615.80 for Core City Sanitary Sewer BORNO X X MITCHELSON X X Improvements Project pursuant to the specifications of Bid WATERS X No. 9900-11; authorize use of$300,000 in DCA Grant Funds MESERVE X and $350,000 in Water Advisory Panel Grant Funds for this project, and authorize temporary transfer from Sewer Utility Reserves in the amount of$430,615.80 until grant funds are received. Public Works Director Kosoy provided background information concerning the project and a time line for its completion as required under the Florida Department of Environmental Protection (FDEP) Consent Order No. 95-2971. It was pointed out that the sewer rehabilitation would utilize trenchless technology to avoid disturbing the streets as much as possible. Commissioner Mitchelson confirmed that the work performed under this project would not be disturbed during the core city stormwater project. • There being no further discussion, the motion carried unanimously. M S O E Minutes Page -8- T C I 0 Y May 22, 2000 ONEN ID COMMISSIONERS N D S 0 B. Upon completion of design and permitting, authorize staff to contract with either Gruhn May, Inc. or Superior Contracting, Inc. , for Water Line Relocation at Mayport Road Flyover, based on the lowest price proposal in an amount not to exceed $234,246 Motion: Upon completion of design and permitting, BEAVER X authorize staff to contract with either Gruhn May, Inc. or BORNO X X Superior Contracting, Inc., for water line relocation at MITCHELSON X X Mayport Road Flyover, based on the lowest price proposal in WATERS x an amount not to exceed $234,246. MESERVE X City Manager Hanson noted the revised cost of$234,246 and indicated that if Superior Contracting provided the lowest price proposal, an Interagency Agreement between the Jacksonville Transportation Authority (JTA) would be required, as well as authorization for the City Manager to sign the document. Mayor Meserve inquired if the bidding process would have to be waived and was informed that since the city had an on-going contract with Gruhn 0 May, the bid procedures would not have to be waived. There was no more discussion and the motion carried unanimously. C. Authorize the sale of Fire Truck to the City of Jacksonville Beach for$35,000 or direct staff to seek additional offers for the purchase of the Fire Truck(City Manager) BEAVER X BORNO X X Motion: Authorize staff to sell the fire truck as is, to the City MITCHELSON x of Jacksonville Beach for$35,000.00. WATERS x X MESERVE X After a brief discussion concerning obtaining additional offers, the motion carried unanimously. D. Approve amendment to Interlocal Agreement Creating Duval Beaches Regional Sewer Utility dated August 16, 1984, as approved by Neptune Beach City Council on May 1,2000 and authorize the Mayor to sign the amendment (City Manager) BEAVER X Motion: Approve amendment to Interlocal Agreement BORNO X X creating Duval Beaches Regional Sewer Utility dated August MITCHELSON X X • 16, 1984, as approved by Neptune Beach City Council on WATERS X MESERVE X May 1, 2000 and authorize the Mayor to sign the amendment. M S O E Minutes Page -9- I o v May 22, 2000 O N E N IIICOMMISSIONERS N D S 0 There was no discussion, the motion carried unanimously. E. Aikenhead and Odom Report on the Core City Stormwater Project Status Report of the Preliminary Design of the Core City Stormwater Project Introductory comments on the process being used to complete the preliminary design were given by Neil Aikenhead, President of Aikenhead and Odom. Dale Smith, an Engineer with the company, provided a brief visual overview of the status of the project and answered questions. Highlights of the status report included the following: Modifications to existing data, model validation using the August 1995 two day storm event, alternatives which included cleaning the Selva Lagoon system, installation of a box culvert under 11`h Street, a pump analysis which determined that pumping the water was not the solution, construction of a roadway conveyance system to pick up sheet flow to carry the water to Sherry Drive, curb and gutter on Sherry Drive and the use of inverted crowns with slotted drains, and the use of cold cut asphalt • recycling as cost savers. Ranges of cost estimates for the project were also displayed, and depending on the alternatives used, the preliminary costs for the project were reported at between $4 - $6 million. Following the presentation, discussion ensued and Mayor Meserve inquired concerning a time frame for completing the preliminary design. Mr. Aikenhead indicated that they would meet with the Stormwater Review Committee (SRC) shortly after July 4`h, with the Commission mid July, with the St. Johns River Water Management District at the end of July, and a final design report would be presented to the Commission at the end of August. 9. City Manager Reports: City Manager Hanson • Distributed copies of the new city logo for Commission approval. It was the consensus of the Commission to begin using the new logo. • 10. Reports and/or requests from City Commissioners and City Attorney M S O E T C Minutes Page -10- 1 o Y May 22, 2000 ONEN • COMMISSIONERS N D S 0 Commissioner Beaver • Distributed a rough draft of an RFP for architectural services for the Adele Grage Community Center based on information gathered from citizen input received through meetings and a questionnaire concerning the use of the Adele Grage Community Center. Information provided in the request for proposal (RFP) included restoration of the building, removing additions, and construction of a 2,500 square foot architecturally compatible addition. Indicated that $400, 000 was budgeted for the project and he expected to raise $200,000 from the community. A brief discussion ensued, and it was the consensus of the Commission to move forward with the RFP. Commissioner Borno • Inquired if the Police Department Monthly Report could be • broken down by neighborhoods. • Felt the sea turtle light ordinance was unnecessary and would be difficult to enforce. Commissioner Mitchelson • Reported that the Teen Council was planning to hold a dance on June 3, 2000. • Felt that a sea turtle ordinance was not necessary since citizens comply with the lighting standards on a voluntary basis. Mayor Meserve • Indicated that he would be unable to attend a Neighborhood Watch Meeting in Jordan Park on Wednesday, May 24, 2000 at 7:00 p.m. and urged the other Commissioners to attend the meeting in his absence. • Reported that some time in the future the Commission would need to approve an Interlocal Agreement with the City of • Jacksonville regarding infrastructure needs should the V2 cent sales tax be approved. M S O E Minutes Page -11- T o Y May 22, 2000 O N E N • COMMISSIONERS N D S 0 There being no further discussion orbess to come before the Commission, the Mayor declared the Itn tji, , ‘,djourned at 10:25 p.m. •lin MBserve Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk • 0 111 May 17, 2000 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans ager SUBJECT: Follow-up 'terns The following are responses to questions and requests for additional information that • were made in recent City Commission meetings. Drug Arrest on Amberjack Lane; Atlantic Beach Police have now made a fourth drug arrest in recent years of people living at 760 Amberjack Lane. At 6:30 a.m. on Monday morning, police utilized a search warrant to enter the house and made one felony arrest for possession of marijuana with an intent to sell. The suspect had over 20 grams of marijuana which was packaged for resale. The city also checked the house for code violations and, as a result, ordered utilities cut off. The owner of this rental property was contacted after the arrest and advised of the city's concern of the continued use of this house for drug related activity. The owner has committed to fixing the house up and bringing in law abiding tenants. Park Preservation Ordinance; A representative from the Recreation Board recommended that the city enact a park preservation ordinance similar to that in effect in the city of Jacksonville. The pertinent sections in the Jacksonville Ordinance is as follows: 122.408 Park Lands Preservation Policy. It shall be the intent and policy that no Park Lands, Park Facilities or other recreational or park related land or space of the city shall be converted to another use or sold by the city, pursuant to sub part B of this chapter, unless or until the following IIIIconditions have been met; Follow-Up Items 0 May 17, 2000 Page 2 (a) The property is to be utilized as a Civic or Community Center ; or (b) If such conversion or sale should become necessary for the greater public good by local, state, or federal needs, the city shall replace that facility, land , or space with new park facilities, land or space of equal or greater size and value; to be located in the same general area, or as close thereto as possible, in order to assure adequate re- creational and park facilities, land or spaces are available for use by the impacted neighborhood or neighborhoods. The City Commission is the only body vested with the authority to dispose of city property in Atlantic Beach. The Commission is also the body to create, or amend • any park protection ordinance. Consequently, the adoption of such an ordinance at Atlantic Beach may be of little value. III