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05-10-99 vCITY OF ATLANTIC BEACH COMMISSION MEETING - May 10, 1999 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of April 26, and joint meeting with the City Manager Citizen Advisory Board of April 26, 1999 2.Courtesy of Floor to Visitors: A. Proclamation declaring May as Multiple Sclerosis Awareness Month(Mayor) B. Proclamation declaring the week beginning Sunday, May 9, 1999 as Nursing Home Week (Mayor) C. Proclamation declaring the week May 16 through May 22, 1999, as Public Works Week (Mayor) 3.Unfinished Business from Previous Meeting A. Report by the City Attorney with reference to Home Rule,and JTA's compliance with local ordinances,as requested by the City Commission at a Special Called Meeting on May 3, 1999 (Mayor) 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 reports from Building, Code Enforcement, Occupational License,and Recreation Departments for the month of April 1999(City Manager) B. Award contract to Insituform Technologies, Inc. in the amount of$239,305.00 for Lining sanitary sewers and wetwells pursuant to the specifications of Bid 9899-21 and authorize the City Manager to sign the contract (City Manager) C. Authorize the Mayor to sign the State Revenue Sharing Application for Fiscal Year 1999-2000 (City Manager) D. Reject all bids received for Lawn Maintenance Service at City Facilities, pursuant to the specifications of Bid No. 9899-19 (City Manager) E. Award a contract to Court Surfaces, Inc. in the amount of$11,460.00 to rehab two racquetball courts at Jack Russell Park,pursuant to the specifications of Bid 9899-22 City Manager) Agenda was amended to add item 3A. Page Two AGENDA May 10, 1999 5.Committee Reports: A. Report and recommendations of the City Manager Citizen Advisory Board (Sylvia Simmons, Chair) 6.Action on Resolutions: A. Resolution No. 99-12 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999,FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR LINING SANITARY SEWERS AND WETWELLS AT VARIOUS LOCATIONS ASSOCIATED WITH BID 9899-21 (City Manager) B. Resolution No. 99-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REDUCING THE INTEREST RATE ON THE ASSESSMENTS FOR IMPROVEMENTS MADE IN SECTION H,AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 7.Action on Ordinances: 8.Miscellaneous Business: A. Public Hearing and action on a request for a Use-by-Exception filed by Dirk Mueggenburg to operate a wholesale herbal tea and vitamin business at 1179 Atlantic Boulevard, zoned Commercial General (CG)(City Manager) B. Public Hearing and action on a request for a Use-by-Exception filed by David Rockwood to operate a painting contractor business on property located at the southwest corner of Edgar Street and Mayport Road, zoned Commercial General CG)(City Manager) C. Public Hearing and action on a request for a Use-by-Exception filed by Randy Wilson to operate a boat trailer sales and service business at 1860 Mayport Road, zoned Commercial General (CG)(City Manager) D. Waive the formal bidding requirements and award a contract to Hightower Geotechnical Services,Inc. to perform repairs to the Buccaneer Operations Building at a cost of$12,316.00, and authorize the City Manager to sign the contract (City Manager) E. Approve the Final Change Order for Levy Road Improvements for Petticoat Contracting, Inc., in the amount of $26,721.68, representing an increase of 11,073.18 in the total contract price (City Manager) F. Discussion and related action on proposed agreement with the City of Jacksonville regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor) G. Action on Fire Department Bargaining Contract (City Manager) 1111 Page Three AGENDA May 10, 1999 H. Action on a request from the Teen Council to hold a Punk Music Concert in Jack Russell Park (City Manager) I.Approve the proposal of Landers Atkins Planners, Inc. in the amount of$27,583.00 to design a master plan for Pine (Dutton) Island and authorize the City Manager to sign the contract (City Manager) J.Action on the recommendation of the Community Development Board to amend the Zoning Code to clarify fence regulations on corner lots (City Manager) 9.City Manager Reports: 10. Reports and/or requests from City Commissioners and City Attorney Adjournment 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. 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 7, 1999. v v O O MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T T BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E 0 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MAY 10, 1999 S S PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: David Thompson, City Manager Maureen King, City Clerk M S Alan C. Jensen, City Attorney O E T C I O Y The meeting was called to order by Mayor Pro Tem Meserve at 7:20 p.m.ONE N The Invocation was offered by Commissioner Borno, followed by the COMMISSIONERS N D S 0 Pledge of Allegiance to the Flag. Mayor Shaughnessy entered the meeting at this time. 1. Approval of the minutes of the Regular Meeting held April 26, 1999. The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes were unanimously approved as presented. 2. Approval of the minutes of the Joint Meeting with the City Manager Citizen Advisory Board held April 26, 1999. The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes were unanimously approved as presented. In deference to Ray Alfred, Director/Fire Chief of Jacksonville Fire and Rescue, Item 8F was taken out of sequence and acted on at this time. F. Discussion and Related action on Proposed Agreement with the City of Jacksonville Regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor) BEAVER X Motion: Approve the agreement with the City of Jacksonville BORNO X X for Advanced Life Support and Fire Services for the City of MESERVE x X MITCHELSON X Atlantic Beach and authorize the Mayor to sign the appropriate SHAUGHNESSY X contract documents. M S O E T C Minutes Page -2- I o Y May 10, 1999 ONE N COMMISSIONERS N D S 0 Mayor Shaughnessy introduced Chief Ray Alfred and provided a brief account of Chief Alfred's career prior to coming to the City of Jacksonville, and stated he was present to answer any questions the Commission might have concerning the proposed agreement. Commissioner Borno inquired concerning tenure. Mayor Shaughnessy responded there was no recognition of tenure in the agreement. Chief Alfred explained that in terms of time and grade,the Atlantic Beach firefighters would not lose pay and their years of service would count toward retirement and pension. For those individuals who have tenure,the tenure will continue and they will have the same opportunities as Jacksonville Fire and Rescue personnel. He further explained that all Atlantic Beach firefighters would come in at entry level with a pay raise from their current salaries. He indicated that entry level personnel would not get points toward promotional exams for longevity. Engineers will have to serve the same amount of time as Jacksonville personnel, which is one year as an Engineer, after which they will be eligible to take the exam for lieutenant. He indicated that the Atlantic Beach Chief would come into the department with the rank of lieutenant and would also have to serve one year before being eligible to take the Captain's exam. Commissioner Borno then inquired as to the pre-employment testing requirements. Chief Alfred stated some consideration may be given to waive certain tests if they were recently administered to Atlantic Beach personnel. He indicated there would be psychological and medical exams, a physical agility test, a drug test and because of the life insurance requirements,the firefighters must be non-smokers. He also stated that the 90 day probationary period for benefits would be waived. Commissioner Beaver inquired if any consideration would be given to any firefighter who might fail a test. Chief Alfred responded that they would be give a reasonable opportunity to qualify, which is in the contract. Commissioner Mitchelson expressed concern that individuals who had stayed with the city for many years would lose points for longevity and said he did not want them to be placed in an unfair situation. Chief Alfred indicated that extensive discussions concerning this matter had taken place, with arguments heard on both sides. He stated that absent longevity points, there was no difference in that both Jacksonville and Atlantic Beach firefighters will have to serve one year before being eligible to take the exam for promotions. Chief Alfred believed the Atlantic Beach personnel would have ample time to compete. Chief Alfred believed that the agreement was fair to both sides and reiterated that in terms of tenure, M S O E T C Minutes Page -3- I O Y May 10, 1999 ONEN COMMISSIONERS N D S 0 it will be applied to the retirement/pension system. Chief Alfred believed it was a good agreement that will bring advanced life support service (ALS) to the city and provide standardized protection for the entire county. Commissioner Mitchelson inquired concerning the schedule for testing and stated he would like to know the outcome of the tests before voting on the contract. Chief Alfred stated the target date for the changeover had been set for June 1, 1999, and it may have to be changed in order to give time to go through the personnel files and review the records. He indicated some tests, such as the physical exam and agility tests, could possibly be waived if they were conducted within the past 120 days,but those items would have to be determined after review of the files. Chief Alfred indicated that he was in no immediate rush to get this done, and if the Commission wished to have the testing completed before implementation,he would be amenable to this. Commissioner Mitchelson then inquired as to why the agreement was good for the City of Jacksonville. Chief Alfred responded that it allowed the City of Jacksonville to standardize equipment, coverage, and protection for the county,producing mutual benefits for everyone involved. Commissioner Mitchelson inquired concerning the availability of a ladder truck for Atlantic Beach. Chief Alfred stated that one was not available presently,but may be available in the future. He indicated that the closest ladder truck, in addition to the one in Jacksonville Beach, was located at Regency and would respond if needed. Chief Alfred indicated that there were seven ladder companies serving the entire county (840 square miles) and this was a concern which is being investigated. Commissioner Meserve inquired as to Chief Alfred's goals relative to response time. Chief Alfred stated he could see no reason for not maintaining the same response time or improving it,unless there would be an increase in service demands within the city. Commissioner Meserve stated he had five concerns, all which have been addressed except what would happen if the agreement does not work out some years in the future. Commissioner Meserve expressed concern that the City of Jacksonville owned all of the equipment and if they terminated MS OE T C Minutes Page -4- I ° Y ONE N May 10, 1999 COMMISSIONERS N n S 0 III the a reement, Atlantic Beach would have to a ui a fire de artment ongqPP short notice. Chief Alfred indicated that this was a mutual concern during negotiations, and pointed out that the agreement allows either party to terminate with one year's advanced notice. He felt there was room within the agreement to amicably handle any disagreement that may come up, and indicated the city would not be left without protection. At this time Chief Alfred distributed copies of a financial breakdown of pay adjustments for the Atlantic Beach firefighters. The document is attached and made part of this official record as Attachment A. Mayor Shaughnessy opened the public hearing and invited comments. Christopher Younger of 40 Millie Drive, Jacksonville Beach, contract negotiator with the Professional Fire Fighters of Jacksonville Beach, IAFF L-2622, stated he was representing the Atlantic Beach firefighters and would answer any questions from the Commissioners. Mr. Younger,who is an Atlantic Beach firefighter, supported the agreement. Stephen Kuti of 1132 Linkside Drive stated that the public had not had an opportunity to review the contract, and expressed concern that the level of service would decline. He also inquired if there would be cost savings to the city by entering into the agreement. James Hill of 372 Second Street(a Lieutenant on the Atlantic Beach Fire Department who was on duty)asked permission from City Manager/Public Safety Director Thompson to ask a question of a critical nature concerning his own future with the Jacksonville Department. Lt. Hill stated he supported the agreement but wanted to make the Commission aware of the impact it would have on two long tenured employees. Lt. Hill, a seventeen year veteran of the Fire Department, stated that leave time for him with Jacksonville would accrue at a lower rate which would greatly affect his quality of life. He also believed it would be more difficult for him to advance because he would not get any points for years of service when taking an exam and would probably never be promoted. Since no one else wished to speak, Mayor Shaughnessy closed the public hearing. Mayor Shaughnessy stated she had previously indicated she wished to treat the agreement as an ordinance and hold two public hearings in order M S O E T C Minutes Page -5- I o Y May 10, 1999 ONE N COMMISSIONERS N D S 0 to have time for citizen review of the agreement. She then stated that the reason the City of Jacksonville could operate the Atlantic Beach station at a lower cost was that the two man rescue unit stationed in Neptune Beach would be moved to Atlantic Beach, which required additional funding for three men. Mayor Shaughnessy inquired how much leave Lt. Hill would lose and he responded his leave days would be cut in half. Chief Alfred stated that he would get 20 twelve hour days leave per year with the City of Jacksonville. Mayor Shaughnessy then inquired concerning dispatching priority. Chief Alfred stated that it depended upon the circumstances of the call and explained the procedure in detail, including mutual aid precedence. Mayor Shaughnessy requested that Chief Alfred repeat the testing procedure. Chief Alfred assured the Mayor that the testing process was not intended to weed out the sixteen Atlantic Beach firefighters with the intent to get rid of them. He stated it would be a fair process. Mayor Shaughnessy then requested further comments concerning the inability of making rank as suggested by Lt. Hill. Chief Alfred disagreed 0111) and felt that Atlantic Beach firefighters would do very well, that the opportunities were there and they would be competitive. Discussion ensued concerning the overall agreement and Mayor Shaughnessy felt the agreement seemed to negatively impact the long time employees. BEAVER X Motion: Defer action on the agreement until the June 14, 1999 BORNo X Commission Meeting. ME SERVE X MITCHEL SON X X SHAUGHNESSY X X Commissioner Mitchelson stated he would like to defer action in order to give time for public review of the agreement and to learn the outcome of the testing. Mayor Shaughnessy stated it would give her time to further investigate other aspects of the agreement. Commissioner Meserve felt the city would gain no new knowledge by deferring this matter and believed the best course of action would be to move forward. Commissioners Borno and Beaver concurred with Commissioner Meserve. Mayor Shaughnessy called a recess at 8:40 and reconvened the meeting at 8:45. The motion to defer failed by a three to two roll call vote as follows: Commissioner Beaver, nay, Commissioner Borno, nay, Commissioner M S O E Minutes Page -6- I c I 0 Y May 10, 1999 ONE N COMMISSIONERS N D S 0 Meserve, nay, Commissioner Mitchelson, aye and Mayor Shaughnessy, aye. There being no further discussion, the motion to approve the agreement carried unanimously by roll call vote as follows: Commissioners Borno, Meserve, Mitchelson, Beaver and Mayor Shaughnessy voting aye. Introduction of District 3 Council Member Elect Jerry Holland Mayor Shaughnessy introduced Jerry Holland,City of Jacksonville Council Member elect from District 3, and read a letter she had written to the Commissioners outlining Mr. Holland's plan for representing his constituency. A copy of the letter was distributed to each Commissioner, and is attached and made part of this official record as Attachment B. 2. Courtesy of the Floor to Visitors: A. Proclamation Declaring May as Multiple Sclerosis Awareness Month (Mayor) Mayor Shaughnessy read the Proclamation in full declaring the month of May as Multiple Sclerosis Awareness Month in the City of Atlantic Beach. B. Proclamation Declaring the Week Beginning Sunday, May 9, 1999,as Nursing Home Week(Mayor) Mayor Shaughnessy read the Proclamation in full declaring the week beginning Sunday, May 9, 1999 as Nursing Home Week in the City of Atlantic Beach and presented the document to Commissioner Meserve for display at Fleet Landing. C. Proclamation Declaring the Week May 16 through May 22, 1999, as Public Works Week Mayor Shaughnessy read the Proclamation in full declaring the week of May 16 through May 22, 1999, as Public Works Week in Atlantic Beach and presented the Proclamation to Public Works Director Kosoy, Assistant Public Works Director Kaluzniak, and Jack Baldwin, an employee of the Public Works Department, for display at the Public Works Building. Public Works Director Kosoy thanked the Mayor and praised the work of his employees for the excellent job they do to improve the quality of life for the citizens of Atlantic Beach. Item 8H was taken out of sequence and actedted on at this time. M S O E T C Minutes Page -7- I o Y May 10, 1999 ONE N COMMISSIONERS N D S 0 H. Action on a Request from the Teen Council to Hold a Punk Music Concert in Jack Russell Park(City Manager) BEAVER X Motion: Approve request of the Teen Council to hold a Punk BORNO X X Music Concert in Jack Russell Park at a cost not to exceed MESERVE X MITCHELSON X 1,500.00 to be held Sunday, May 23, 1999.SHAUGHNESSY X X Mayor Shaughnessy noted that the Recreation Advisory Board had recommended approval of the request while staff had recommended against it. Additional information provided by the Teen Council was also distributed and briefly reviewed by the Commission. The information is attached and made part of this official record as Attachment C. Peter Coalson, Recreation Advisory Board liaison to the Teen Council, explained the requested budget for the event and stated that the members of the Teen Council had worked diligently to make the event a success. Commissioner Beaver inquired concerning the power source for the sound equipment. Mr. Coalson stated that Brooks and Limbaugh, electricians under contract with the city, had given them a price of$2,130.00 for a temporary service, $3,500.00 for a permanent service and a portable generator would cost approximately$200.00. Commissioner Beaver also inquired concerning radio advertising of the event and stated he did not favor it. Mr.Coalson stated that there would not be any radio advertising and flyers advertising the event would be distributed to local high schools. The Commissioners concurred that radio advertising would not be a good idea. Commissioner Borno felt the indicated price for the temporary service was too high and it would be best to investigate installation of a permanent service. He also inquired regarding an acceptable decibel level for the concert since the area surrounding the park is residential. Mayor Shaughnessy believed supporting this event would afford the city an opportunity to provide something to do for an age group that had been neglected in the past. She also felt it would be best to investigate the permanent electrical service. Mayor Shaughnessy also expressed concern for the noise, but felt that residents living in close proximity to a park should expect some noise. Commissioner Meserve felt this was an inappropriate use of the park and approval of this concert would open the door for future requests. CommissionerCossoner Mrtchelson suggested controlling the sound by positioning the speakers away from the residential area. M S O E Minutes Page -8- z c I O Y May 10, 1999 ONE N COMMISSIONERS N D S 0 Patricia Goelz, Adult Advisor to the Teen Council, suggested that Fab 3 Sound Equipment may be able to help with the decibel level. Mrs. Goelz then introduced Teen Council Members Matilda Anderson and Mike Dias who provided background information on the bands scheduled to perform. Commissioner Mitchelson advised that there should be no profanity on stage and suggested the Teen Council request a written agreement from each band assuring the same. Commissioner Meserve inquired if the event would be covered under city insurance and was informed that it would be covered by the city's insurance and additional insurance was required for the portable stage being rented from the City of Jacksonville. BEAVER X Amendment to the motion: Approve funding not to exceed BORNO X x 3,500.00 for the purpose of installing permanent electrical MESERVE x MITCHEL SONservice(100 amp. ) in Jack Russell Park. SHAUGHNESS X SHAUGHNESSY X X Commissioner Beaver advised the Teen Council to put on a good concert so this event could be the forerunner for others in the future. He suggested that the residents in the area be forewarned concerning the concert. Commissioner Mitchelson suggested that the t-shirts have "Staff' printed on them so they could be washed and used for future events. BEAVER X BORNO x Second Amendment: Have"Staff" printed on the t-shirts so MESERVE x they can be reused on a recurring basis for Teen Council events. MITCHELSON X X SHAUGHNESSY X X Patricia Goelz suggested that"security"be placed on the shirts It was confirmed that setup for the concert would begin at noon and the actual event would be held from 1:00 p.m. to 7:00 p.m. There being no further discussion, the first and second amendments, and the motion carried unanimously. Mayor Shaughnessy called a recess at 9:45 p.m. and reconvened the meeting at 9:55 p.m. Mayor Shaughnessy requested that a Resolution be placed on the next agenda to place the first twelve months savings from outsourcing the Fire Department services into an interest bearing account to set up a restricted reserve fund to replace fire equipment in case the agreement is terminated in the future. Mayor Shaughnessy complimented Peralte Paul of the Shorelines for the M S O E T C Minutes Page -9- I 0 Y May 10, 1999 ONE N COMMISSIONERS N D S 0 accuracy of his article on the fire contract. Clark Schaffer of 309 Magnolia Street distributed petitions and a letter requesting that the city acquire Lot 305 of Saltair Subdivision,which abuts Howell Park. The letter and petitions give a detailed history of the land exchange which was approved ten years ago (Ordinance 95-89-38) whereby the city agreed to exchange Lot 305 for Lot 316 of Saltair Subdivision with Mr. William Hixon. The letter and petitions are attached and made part of this official record as Attachment D. Mr. Schaffer explained that at the time he purchased his property at 309 Magnolia,he was told that Lot 305 would never be developed and would remain part of Howell Park. He indicated that no one other than Mr. Hixon appeared to be aware of the property exchange which was not finalized until January 22, 1999. He indicated Mr. Hixon has now offered the the lot for sale. Mayor Shaughnessy asked the City Attorney to explain the sequence of events and inquired as to why the Commission was not notified of the transaction before it took place. 110 City Attorney Jensen explained that in 1989 the Commission determined they would prefer to have the Hixon lot, but there were problems getting a clear title to the Hixon property,which took a long time to resolve. Discussion ensued concerning the chronology of events during the past ten years. Commissioner Beaver felt that this matter should have come back before the Commission considering the amount of time that had elapsed. City Manager Thompson explained that when he became City Manager,he found numerous old files containing items which appeared to have been set aside over the years and never resolved. He indicated that he took the files to City Attorney Jensen and requested that they be cleared up,and this transaction was one of the items. City Manager Thompson indicated that he was not aware of the information presented by Mr. Schaffer, and was under the impression that everyone was aware of the transaction because it had been done by ordinance and he had no prior discussion with anyone from the neighborhood concerning this matter. Commissioner Mitchelson believed the city did not have any options but to complete the deal because of the ordinance. He felt that once the ordinance was passed, the transaction was complete and transfer of title was an administrative matter. iMayor Shaughnessy requested that consideration of an ordinance be placed on the next agenda which would provide that no one could conduct any M S O E T C Minutes Page-10- I O Y May 10, 1999 ONE N 0COMMLSSIONERS N D S 0 type of land transaction without an ordinance and that the ordinance would include a time limit for the transaction to take place. Mayor Shaughnessy also requested that consideration of the purchase of Lot 305 in Saltair Subdivision be place on the next agenda. 3. Unfinished Business From Previous Meeting A. Atlantic Boulevard/Mayport Road Flyover JTA-Height Limitations-Definition of Structure City Attorney Jensen distributed a memo addressing the Commission's inquiry during a Special Called Meeting held May 3, 1999, concerning if the Jacksonville Transportation Authority would be required to obtain a variance to the city's height restrictions contained in the City Code in order to construct the proposed flyover. The memo dated May 4, 1999 is attached and made part of this official record as Attachment E. Mayor Shaughnessy read the definition of "structure"from the code and the City Attorney's opinion that nothing in the City Code addresses the situation created by the Mayport Road flyover. Mayor Shaughnessy stated she would like to refer this matter to the Community Development Board to see if they would have jurisdiction over this item or would give their interpretation of the word"structure." Dezmond Waters, a member of the Community Development Board, pointed out that in addition to the City Code,the definition of"structure" from the Southern Standard Building Code (SSBC) must also be considered. Mayor Shaughnessy requested that Building Official Ford forward the definition of "structure"from the SSBC to the Commission. Commissioner Borno suggested that if the Community Development Board determined that the ordinance needed to be amended, they should come back to the Commission with the recommended wording for consideration. Mayor Shaughnessy inquired of Building Official Ford if the definitions found in the SSBC changed frequently and he replied that they changed infrequently and the definition found in the Zoning Code came from the SSBC. Commissioner Beaver asked City Attorney Jensen if the JTA or FDOT had authority to overturn a local ordinance - if they were exempt from local ordinances. City Attorney Jensen advised that was the normal position taken by them,but he felt if the city had a ordinance that applied to that type M S O E Minutes Page -11- z c I O Y May 10, 1999 ONE N 0 COMMISSIONERS N D S 0 of structure,he would try to enforce it. He indicated that he was not aware of anything that would exempt the JTA from enforcement of the ordinance, however, it may be different for the FDOT. Mayor Shaughnessy requested that City Attorney Jensen provide the Commissioners any enabling or enacting legislation on the JTA within forty-eight hours. City Attorney Jensen replied that he would try to do so. The Mayor recapped the discussion, and stated that the Commission really needed to know if the JTA could build the flyover without permission. The height ordinance would be referred to the Community Development Board and Mayor Shaughnessy inquired if there would be a timing problem if flyover"was included in definition of "structure". City Attorney Jensen advised that the word "flyover" did not have to be included and suggested that the ordinance be expanded to say that it applies to any structure whether it can be inhabited or not for living or business purposes. Mayor Shaughnessy indicated she liked the simplicity of the suggested language and requested that the City Attorney put it in the proper form. She then inquired if it would have to be changed throughout the ordinance or if it could just be placed in the definitions section of the ordinance. City Attorney Jensen stated he would have to meet with Community Development Director Worley to assure the changes are made to each pertinent section of the code. Mayor Shaughnessy requested that the City Manager coordinate staff efforts relative to this matter. City Manager Thompson agreed to do so. 4. Consent Agenda: Commissioner Mitchelson requested that Item 4B be removed from the Consent Agenda for discussion. A. Acknowledge Receipt of Monthly Reports from Building, Code Enforcement, Occupational License, and Recreation Departments for the Month of April 1999 (City Manager) C. Authorize the Mayor to Sign the State Revenue Sharing Application for Fiscal Year 1999-2000 (City Manager) D. Reject all Bids Received for Lawn Maintenance Service at City Facilities,Pursuant to the Specifications of Bid No.9899-19 City Manager) E. Award a Contract to Court Surfaces, Inc. in the Amount of M S O E Minutes Page -12- T c I O Y May 10, 1999 ONE N COMMISSIONERS N D S 0 11,460.00 to Rehab Two Racquetball Courts at Jack Russell Park, Pursuant to the Specifications of Bid 9899-22 (City Manager) By voice vote Consent Agenda Items A, C, D and E were unanimously approved as recommended. B. Award Contract to Insituform Technologies, Inc. in the Amount of$239.305.00 for Lining Sanitary Sewers and Wetwells Pursuant to the Specifications of Bid No. 9899-21 and Authorize the City Manager to Sign the Contract (City Manager) Commissioner Mitchelson expressed concern that the city received only one bid for a project of this size. He felt additional bids were needed and inquired if there was any urgency for completing the project. Public Works Director Kosoy explained that the bid packages were sent to seven firms and three companies had pre-qualified, but two firms which do mostly sewer main lining had pulled out because they did not want to bid 4110 on lining manholes. It was further explained that the three manholes on Sea Oats Drive were extremely corroded and needed immediate repair. Discussion ensued concerning bidding the repairs to the manholes and sewer linings as separate projects in order to attract more bidders. It was pointed out that only a few companies perform this type of work and bidding the repairs as separate projects may or may not resolve the problem. Commissioner Borno pointed out and Commissioner Beaver concurred that there was a great deal of construction going on in the area and companies doing this type of work were more interested in larger jobs. BEAVER X Motion: Award contract to Insituform Technologies,Inc. in the BORNO X X amount of$239,305.00 for lining sanitary sewers and MESERVE X wetwells pursuant to the specifications of Bid No. 9899-21 and MITCHEL SON X X authorize the City Manager to sign the contract. SHAUGHNESSY X There was no further discussion and the motion carried unanimously. 5. Committee Reports: 0 A. Report and Recommendations of the City Manager Citizen Advisory Board (Sylvia Simmons, Chair) M S O E T C Minutes Page-13- I 0 Y May 10, 1999 ONEN COMMISSIONERS N D S 0 Dr. Sylvia Simmons, Chair of the City Manager Citizen Advisory Board, reported that the list had been narrowed to eight candidates and no further meetings had been scheduled pending the direction the Commission wished to take in the selection process. Mayor Shaughnessy inquired as to how the Commission wished to proceed and asked if the Commission wished Mr. Slavin to fly to each candidate's hometown to do background checks or if they wanted to fly the candidates to Atlantic Beach for interviews. Commissioner Meserve felt Mr. Slavin should do background checks on the eight candidates to see how many would remain in contention and then make a decision concerning the interview process. Commissioner Beaver concurred but felt it was not necessary for Mr. Slavin to travel at this time. Dr. Simmons suggested that Mr. Slavin conduct phone interviews and check references from his office. Discussion ensued concerning background checks and drug testing and City Manager Thompson stated the city would use its own data base for 0 background checks. It was the consensus of the Commission that Mr. Slavin conduct phone interviews and check references of the eight candidates, but there would be no travel at this time. 6. Action on Resolutions: A. Resolution No. 99-12 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA,FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999,FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR LINING SANITARY SEWERS AND WETWELLS AT VARIOUS LOCATIONS ASSOCIATED WITH BID NO. 9899-21 (City Manager) The Mayor read the Resolution by title only. BEAVER X BORNO X X Motion: Adopt Resolution No. 99-12. MX MISON X X SHAUGHNESSY X0Therewasnodiscussionandthemotioncarriedunanimously. B. Resolution No. 99-13 M S O E T C Minutes Page -14- 1 o Y May 10, 1999 ONEN COMMISSIONERS N D S 0 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REDUCING THE INTEREST RATE ON THE ASSESSMENTS FOR IMPROVEMENTS MADE IN SECTION H, AND PROVIDING AN EFFECTIVE DATE Commissioner Mitchelson) The Mayor read the Resolution by title only. BEAVER X BORNO X X Motion: Adopt Resolution No. 99-13. MESERVE X MITCHELSON X X SHAUGHNESSY X Commissioner Mitchelson inquired concerning the effective date of the resolution and City Manager Thompson explained it would be implemented October 1, 1999. There was no further discussion and the motion carried unanimously. 7. Action on Ordinances: There was no action on Ordinances. 8. Miscellaneous Business: A. Public Hearing and Action on a Request for a Use-By-Exception Filed by Dirk Mueggenburg to Operate a Wholesale Herbal Tea and Vitamin Business at 1179 Atlantic Boulevard, Zoned Commercial General (CG) (City Manager) Motion: Accept recommendation of the Community BEAVER X X Development Board and approve the Use-by-Exception filed by BORNO X x MESERVE X Dirk Mueggenburg to operate a wholesale herbal tea and MITCHELSON x vitamin business at 1179 Atlantic Boulevard,zoned SHAUGHNESSY x Commercial General(CG). (Subject to the conditions that (1)No retail sales be permitted and (2) that the use-by-exception be granted to the applicant only and for this location only) Mayor Shaughnessy opened the public hearing and invited comments. No one wished to speak and the public hearing was declared closed. There was no discussion and the motion carried unanimously. B. Public Hearing and Action on a Request for a Use-By-Exception Filed by David Rockwood to Operate a Painting Contractor Business on Property Located at the Southwest Corner of Edgar Street and Mayport Road, Zoned Commercial General (CG) City Manager) M S O E T C Minutes Page -15- I o Y May 10, 1999 ONE N SCOMMISSIONERS N D S 0 Motion: Motion: Accept recommendation of the Community BEAVER x x Development Board and approve the Use-by-Exception filed by BORNO X David Rockwood to operated a painting contractor business on MESERVE X property located at the southwest corner of Edgar Street and MITCHELSON X X Mayport Road zoned Commercial General (CG). (Subject to SHAUGHNESSY X the conditions that(1)a limit that not more than five(5)commercial vehicles be parked on-site, (2) that at least ten (10) total parking spaces be provided, (3) not outside storage of paint, chemicals or other hazardous materials be permitted, and (4)that the exception be granted to the applicant only for this location only. Mayor Shaughnessy opened the public hearing and invited comments. No one spoke and the public hearing was declared closed. There was no discussion, the motion carried unanimously. C. Public Hearing and Action on a Request for a Use-By-Exception Filed by Randy Wilson to Operate a Boat Trailer Sales and Service Business at 1860 Mayport Road, Zoned Commercial General (CG) (City Manager) Motion: Motion: Accept recommendation of the Community BEAVER X X Development Board and approve the Use-by-Exception filed by BORNO X X Randy Wilson to operated a boat trailer sales and service MESERVE X MITCHELSON X business at 1860 Mayport Road,zoned Commercial General SHAUGHNESSY X CG). (Subject to the conditions that (1) limit the maximum number of trailers for sale or repair to thirty (30) and (2) that the use-by-exception be granted to the applicant only and at this location only). Mayor Shaughnessy opened the public hearing and invited comments. No one wished to speak and the public hearing was declared closed. There was no discussion, the motion carried unanimously. D. Waive the Formal Bidding Requirements and Award a Contract to Hightower Geotechnical Services, Inc. to Perform Repairs to the Buccaneer Operations Building at a Cost of$12,316.00.00, and Authorize the City Manager to Sign the Contract (City Manager) BEAVER X BORNO X X Motion: Waive the formal bidding requirements and award a MESERVE x x contract to Hightower Geotechnical Services, Inc. to perform MITCHELSON X repairs to the Buccaneer Operations Building at a cost of SHAUGHNESSY X 12,316.00.00, and authorize the City Manager to sign the M S O E T C Minutes Page -16- I o Y May 10, 1999 ONE N COMMISSIONERS N D S 0 contract. City Manager Thompson explained the request and stated the city would save $4,184.00 by using Hightower Geotechnical Services, Inc. There being no further discussion, the motion carried unanimously. E. Approve the Final Change Order for Levy Road Improvements for Petticoat Contracting, Inc., in the Amount $26,721.68.00, Representing an Increase of$11,073.18 in the Total Contract Price (City Manager) BEAVER X X Motion: Approve the Final Change Order for Levy Road BORNO x Improvements for Petticoat Contracting, Inc., in the amount MESERVE X X of $26,721.68.00, representing an increase of$11,073.18 in the MITCHELSON X total contract price and authorize the City Manager to sign the SHAUGHNESSY X Change Order. City Manager Thompson explained that the requested increase resulted from unanticipated problems and included additional paving in the roadway transitions, asphalt driveway repair and concrete driveway repair,as well as extra waterline and drainage pipe to avoid utility conflicts. Commissioner Beaver complimented Public Works Director Kosoy on the project results and Commissioner Borno complimented Ernie Beadle, for the professional manner in which he conducted project inspections for the city. There being no further discussion, the motion carried unanimously. F. Discussion and Related action on Proposed Agreement with the City of Jacksonville Regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor) Item 8F was moved forward on the agenda and acted on after Item 1. G. Action on Fire Department Bargaining Contract(City Manager) Motion: Approve one year Fire Union Contract from October BEAVER X 1, 1998 through September 30, 1999. BORNO x x MESERVE X MITCHELSON X 411 There was no discussion and the motion carried unanimously. SHAUGHNESSY X X H. Action on a Request from the Teen Council to Hold a Punk Music Concert in Jack Russell Park(City Manager) M S O E Minutes Page -17- T C May 10, 1999 i o Y ONE N COMMISSIONERS N D S 0 Item 8H was moved forward on the agenda and acted on after Item 2. I.Approve the Proposal of Landers Atkins Planners, Inc. in the Amount of$27,583.00 to Design a Master Plan for Pine(Dutton) Island and Authorize the City Manager to Sign the Contract City Manager) BEAVER X Motion: Approve the proposal of Landers Atkins Planners, BORNO X x Inc. in the amount of $27,583.00 to design a Master Plan for MESERVE X X Pine(Dutton)Island and authorize the City Manager to sign the MITCHELSON X contract. SHAUGHNESSY X Commissioner Meserve stated that he wanted to make sure public involvement of all interested parties and meetings were conducted early on in the design stage of the plan. City Manager Thompson explained the proposed procedures to be followed by Landers Atkins. Additional discussion concerning the development of Dutton Island relative to the Centex property is included under Item 9. There beingno further discussion, the motion carried unanimously.y J. Action on the Recommendation of the Community Development Board to Amend the Zoning Code to Clarify Fence Regulations on Corner Lots (City Manager) Motion: Amend ordinance as recommended to include as MITCHELSON X follows: "On corner lots,no fence,hedge or wall exceeding four SHAUGHNESSY X 4) feet in height shall be constructed within fifteen (15) feet of a side property line which abuts a public street and no fences may be built on top of berms." City Manager Thompson explained that the language suggested by the Community Development Board was added to the existing ordinance to clarify the interpretation used by the Board in the past. Discussion ensued concerning the addition of "no fences may be built on top of berms"to the proposed ordinance amendment. City Attorney Jensen advised that "berms" and " measurement of grade" would have to be defined in order to make the change. After further discussion, Mayor Shaughnessy withdrew her second and Commissioner Mitchelson withdrew his motion. M S O E T C Minutes Page -18-0 Y May 10, 1999 ONE N COMMISSIONERS N D S 0 Motion: Approve recommendation of the Community BEAVER X X Development Board to amend the Zoning Code to clarify fence BORNO X regulations on corner lots by the addition of the following in ME SERVE X MI TCHEL SONSection24-157: "On corner lots, no fence, hedge or wall SHAUGHNESS X X SHAUGHNESSY X exceeding four (4) feet in height shall be constructed within fifteen (15) feet of a side property line which abuts a public street" and place the proposed ordinance on the next Commission agenda for first reading. There being no further discussion and the motion carried unanimously. 9. City Manager Reports and/or Correspondence: City Manager Thompson: Updated the Commission on Y2K preparations and advised this item would be on the next Commission agenda. Stated a test would be conducted by the Police and Fire Departments on Saturday at the five way stop to see if fire trucks 411 could safely negotiate a roundabout. Reported a check had been received from FEMA in payment for Atlantic Beach firefighters' assistance rendered during last year's wild fires. With reference to Lt. Hill's request to address the City Commission, the City Manager explained that he had told Fire Department personnel who wanted to attend the meeting while on duty that they could attend and could answer any questions they might be asked by the Commission,but if they wished to ask questions,they needed to take leave and do so on their own time. Reported that Community Development Director Worley and he had attended meetings concerning the Centex property and contrary to what was reported in the local newspaper, no commitment of any money to the City of Jacksonville for the purchase or maintenance of the property had taken place. City Manager Thompson stressed that he had advised Jacksonville representatives that neither he or Mr. Worley had the authority or authorization to commit anything to the City of Jacksonville. He then asked Commission direction concerning the Centex property. Commissioner Beaver stated that he wanted it known that the person who wrote the newspaper article was given misinformation MS OE T C Minutes Page -19-0 Y May 10, 1999 ONE N 4110 COMMISSIONERS NDS 0 concerning the city's commitment by the City of Jacksonville. Discussion ensued concerning the city's participation in the purchase of the property. Mayor Shaughnessy believed the city should find the money and commit to 10%of the purchase price 270,000)and suggested that the city leave 90%of the property as buffer and use only 10%of the acreage. It was suggested that the property could be used as a parking lot for Pine(Dutton)Island. Commissioner Meserve felt the city could not afford 10% of the purchase price and believed purchase of the property should be part of the budget process. He expressed concern for the amount of unbudgeted money being spent on park land. Commissioner Beaver favored purchase of the property if the funding was available. Commissioner Borno felt the city needed to investigate funding sources. He favored purchasing the property and wished to keep it as natural as possible to keep maintenance costs down. City Manager Thompson informed the Commission that the grant for purchase of the property was due in Tallahassee on June 2, 1999. He indicated that he would be meeting with the City of Jacksonville representatives the following day and would inform the Commission of the outcome of the meeting. He further stated that if needed, a special called meeting could be scheduled to discuss the matter further. 10. Reports and/or requests from City Commissioners and City Attorney Mayor Shaughnessy Suggested a thirty day freeze on Public Works Department spending unless there was an emergency. Requested that a letter be sent to the Massachusetts Highway Department concerning roundabouts. It was reported that for safety concerns, roundabouts were being removed in that state. Stated that June 14, 1999 was Flag Day and inquired if the Commisioners would like to have an opening ceremony with the scouts and chorus. It was the consensus of the Commission to do so. M S O E T C Minutes Page -20- I o Y May 10, 1999 ONE N COMMISSIONERS N D S 0 Gave information on trees for urban environments to the City Manager. Set a Special Called Meeting for Wednesday, May 12, 1999 at 5:00 p.m. to discuss the Centex property. There being no further comments or business to come before the Commission, the Mayor declared the meeting adjourned at 12:22 a.m. 4 Suzanne Shaughnes, Mayor/Presiding Of icer ATTEST: I Ma een King Certified Municipal C1e& ATTACHMENT A III MAY 10, 1999 COMMISSION MEE NAME DOH TITLE BASE NDASE ADD 1 ADD 2 ADD 3 TOTAL HOUR ANNUAL D,1, Q 3 fo5 12 55t--cp -1- Y.1-. Mayo, Claude W. 08/07/95 • . Asst Fire Chief 22.14 46,051 2,303 48,354 Fire Marshall X e o1 Hill, James K. 08/17/83 Fire Lieutenant 14.62 40,293 913(c 4 ,173,425 i,,Hill,75 4-i---V- 1,4.5 a3a Bass, s. cX S 1RobertS. 06/13/88 Fire Lieutenant 13.41 36,958(rte '/10 3%;(3,14 I 1 75 p 114 Daley, Bradley E. 02/01/96\Firc Lieutenant 10.88 29,985 ` '1,34,„'-' 4.)•‘'. 3‘1`15(,2,549"15q) 75 32,6609343, _ 4. ' Binder, Michael A. 08/08/96 Fire Engineer 9.05 24,942 . 49\`14 g 2,120 oJ31 75 Q____22,117__a$,ct 19. `, Brannan, Paul J. 07/16/96 Fire Engineer 9.05 24,942 y 2,120 75 27,137 Crolley, William B. 10/18/96 Fire Engineer 9.05 24,942 r oS 2,120 75 27,137 Doshicr, Anthony F. 07/17/96 Fire Engineer 9.05 24,942 2,120 75 27,137 Hernandez. Raphael 06/09/97 Fire Engineer 9.05 24.942 2.120 75 27.137 McGann, Patrick E. 10/18/96 Fire,Engineer 9.05 24.942 2.120 75 27.137 Pausche, Walter S. 02/18/97 FireEngine;r 9.05 24,942 2.120 75 27,137 Renaud, James P. 10/18/96 Firc Engineer 9.05 24,942 2,120 75 27,137 gexl-Karma, gineer 9415-- -2_•;;° 0 75 27,137 - Younger, Christopher 03/0796 Fire Engineer 9.05 24,942 2,120 75 27,137 J Benson,Jeffrey T.04/29/98 Firefighter 8.21 22,627 1,923 752_4_6_2..5 a •• Chaires, Michael L. 10/08/98 Firefighter 8.21 22,627 1,923 75 4Z625 Patterson,Theodore T. 04/22/98 Firefighter 8.21 22,627 J 1,923 75 24,625 H H . H ' M Does not include any pay increase that may be approved to be effective on/afler October 1, 1998 based upon currcnt Union negotiations. x • Will receive a three percent (3%) pay increase effective October 1, 1998 4 Hax(it-ur-w •• Projected new hire effective 10/08/98 li4 J Resignation effective 09/30/980 ADDITIONS TO PAY: L N v Add I. Additional pay for assuming duties of Fire Chief after retirement of Firc Chief on July 7, 1998. O Add 2. Maximum additional pay received for"Kelly Hours"which arc Compensatory Hours that the employees may take as time off or cash in for additional pay. Add 3. Additional pay at S75 per month received for EMT pay. LI DEDUCTIONS TO PAY: r FICA: 6.20% MEDICARE: 1.45% l- PENS;ON: 5.555%of t'av MI III ATTACHMENT B gi;h'MAY 10, 1999 COMMISSION MEETING II OFFICE OF THE MAYOR SUZANNE SHAUGHNESSY 800 SEMINOLE ROAD MAYOR ATLANTIC BEACH,FLORIDA 32233 6 May 1999 Honorable Members of the City Commission City Hall, 800 Seminole Road Atlantic Beach, Florida 32233 Dear Commissioners: After the Flyover meeting on May 2, Jacksonville City Councilman Elect Jerry Holland and I toured Dutton Island, the Centex property and some of the areas along the Mayport corridor. He is genuinely interested and enthusiastic about providing the best represen- tation he can for the local Beaches municipalities. He would like to attend our regularly scheduled Commission meetings quarterly, update us on Jacksonville City Council issues and hear our concerns. I advised him that his presence at our meetings would not only be appropriate but that we would welcome his fresh and innovative approach. He plans to work closely with the government entities of the three Beach municipalities, and to recognize them as the true representatives of the Beaches communities. Having solicited our input, he can better represent his areas' interest before the elected members of the Jacksonville City Council, who act as "county commissioners"for the Beach Cities. I commend his intention to represent his constituency in an informed and participatory manner. I hope that we as a Commission will welcome his efforts to do so. With kindest regards, Suzanne Shaughnessy Mayor I Printed on Recycled Paper M ATTACHMENT C MAY 10, 1999 COMMISSION MEETING Active Teen Council Board Members 1999 Adult Advisors: Jamie Fletcher, Ph.D., PA. 249-4872 Patricia Goetz 247-1702 Parks & Recreation Liaison: Peter Coalson 247-0155 Members: Matilda Anderson / 247-9391 1679 Seminole Road #4 Atlantic Beach, FL 32233 Megan Bush /246-1643 1737 Park Terrace West Atlantic Beach, FL 32233 Mike Dias /241-5021 1025 Seminole Road Atlantic Beach, FL 32233 Mariah Goetz/ 247-1702 1359 Beach Ave Atlantic Beach, FL 32233 Jessica Sale /241-7116 2238 Beachcomber Trail Atlantic Beach, FL 32233 Connor Shaughnessy / 249-3044 168 Ocean Walk Drive South Atlantic Beach, FL 32233 Dezmond Waters, Jr. / 241-2984 1835 Seminole Road Atlantic Beach, FL 32233 Dr. Fletcher and I have been working with the Teen Council since it's start up in February. We have enjoyed working with these youths and have tried to listen carefully to their needs and help them organize their desires. Teen Council has organized a concert to be held in Jack Russell Park, Sunday, May 23`d from 12 - 7pm. The group has worked together to make this a successful event. They have chosen local punk bands to headline their event. The bands have agreed to play non gratis. I have checked out three of the bands and their CD's do not contain parental warnings. The teens have canvassed local businesses for support and they raised $243.00. They have also arranged for two local businesses to provide food for the event and they will be selling beverages. These youths have worked diligently to make this event happen. I encourage you to please approve their budget and event. Thank you, aS-4A0P1 • A4 Budget Expenses: Bands Yellow Card, *Inspection 12, *Hatrick, Pigeon Hole, Cosmic Debris, Flea Circus, Unspoken Rumors these are the bands I have checked S All Volunteer Bands 0.00 Sound Fab 3 - Sound equipment, mikes, etc.500.00 Electricity Need 4- 20 amp circuits 1000.00 Generator 200.00 Stage large stage, City of Jacksonville -250.00 security of stage 150.00 Security 10 Adults wearing Security T shirts - 125.00 Explorers and 2 Police (cost for 20 T's) Concessions Sliders Pizza draw) $100.00 Teen Council - beverages & ice - (draw) $300.00 Clean up Volunteer Restrooms - 25.00 total $2450.00 r Budget Income: Donations Community 243.00 Concessions Beverages 300.00 Pizza 100.00 total 643.00 Set- up May 21st, Friday: City delivers trash receptacles to Russell Park. May 22"d, Saturday: Stage arrives in Russell park. Dezmond Waters and Patricia Goelz will be there to show them where to place the stage. May 23rd, Sunday: The sound company will start the set up process around 9am. The stage subcommittee will be on hand to help. Electricity: We are waiting on a quote. A guess by the electrician would be about $1000 for temporary service. Permanent service would be about$3500. A rented generator ( 25kws) would cost approx. 200. Security will begin Saturday night. An adult will be hired to watch the stage from 7pm-7am both Sat. & Sun. nights. Security for the concert will begin at noon and continue until the show is over. Concessions: We would like to use the concession stand to sell beverages and pizza. We will be purchasing the beverages (sodas water) and selling them. Pizza will be supplied by a local business and sold by the slice. Sliders Restaurant will provide a large outdoor grill and will be cooking hot-dogs and hamburgers. The money made on these sells will be returned to the budget. Clean- up will be done by the Teen Council with assistance from Mr. Johnson in providing restroom clean-up for $25. Volunteers have been recruited through Mayport Middle and Fletcher Senior Honor Societies to help out where needed. If it rains, the event is canceled with no rain date. Chairpersons Stage & MC: Dezmond Waters and Mike Dias Concessions: Ashley Frohwein Volunteers: Matilda Anderson Security: Dezmond Waters Clean-up: Connor Shaughnessy 8N 410 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed Event from the Teen Council DATE: May 6, 1999 SUBMITTED BY: David E. Thompson, City Manager BACKGROUND: The Teen Council has proposed an event to be held in Russell Park on Sunday afternoon from noon to 7:00 PM. The event will be a Punk" music concert with eight(8)bands. The current plans are to have the Jacksonville stage set up near the southwest corner of the park, facing the northeast. This event was discussed with the Parks and Recreation Board, and they approved the concept. Expenses for this event include $500 for the sound people, $250 for the use of the stage, approximately $310 for security, and additional unknown expenses for the electrical work to assure safe and adequate electricity for the equipment. The total expenses are estimated at$1,600. There were numerous issues discussed with staff that remain unknown factors including food, drinks, security, electricity, and adult supervision. The Teen Council does not have a budget, and the Parks and Recreation Board does not have a budget to fund these expenses. RECOMMENDATION: The recommendation from the Parks and Recreation Board is for the City Commission to approve this event. There has been an assumption that the City will fund the expenses for this event. ATTACHMENTS: Please see the staff opinion(s) REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: MEMO To: Mayor and City Commission From: David E. ThompsiPr- Subject: Proposed Punk Concert from Teen Council Date: May 5, 1999 The following observations and recommendations are provided for City Commission review: There have been two separate Special Events applications submitted to the City Staff for approval of this event. There were different days and times on the applications. However, confirmation was received on May 5, 1999 that the intended dates and times are May 23, 1999 from Noon until 7:00 PM, which will be included on an updated application. The use of Russell Park for a Punk concert, on a Sunday afternoon until 7:00 PM, is destined to generate numerous citizen complaints. The park is virtually surrounded by residences, and there will be complaints about the music. There are many unanswered questions including adult supervision, electricity, security, insurance, food, drinks, and other matters which remain questionable at this point. These are not minor issues, and they have not been resolved. The proposed date is only two (2) weeks away. There is no money designated to fund this event. Although the City can "find"money if so directed, there is a question as to the purpose and role of the Teen Board. Is there an expectation that the Teen Board will raise funds for its events, or is their responsibility to simply plan events without concern for money and let the City fund them? The original duties in Resolution 94-30 Section 2.(b), states that"All such recommendation which require funding must identify a funding source." This has not been done. Summary: If anyone other than the Teen Board proposed an event of this nature, I sincerely doubt that it would be approved. However, no one wants to tell the Teen Board"no"because they don't want to discourage them. Although it may be an unpopular position, staff believes that this event should not be approved. Something in the Fall would provide them with the time necessary to plan appropriately. There are other ways to sponsor such an event that would be less objectionable to the citizens in the area, and the planning should be accomplished to allow for the necessary time to resolve some of the issues that remain. M Mayor and City Commission Page 2 May 5, 1999 The Teen Board can learn a great deal from the experience of planning such an event. However, they need guidance, direction, and problem solving skills to make such an event a success. Staff is currently working with the Teen Board to try to resolve issues and assist in making this event a success. If the City Commission approves this event, staff will continue to put every effort into making it work. However, staff has an obligation to provide information and recommendations to the City Commission in such matters, and that is the purpose of this memorandum. ATTACHMENT D MAY 10, 1999 COMMISSION MEETING Matter of IIntegrity We, the undersigned do hereby request that the City of Atlantic Beach re- purchase park property that was recently traded. On January 22, 1999, the City traded lot 305 of the Saltair subdivision for lot 316 in accordance with a ten-year- old ordinance no. 95-89-38. When the ordinance was written, it was determined that since lot 316 was adjacent to the back entrance of Howell Park, it was more desirable at that time. It took ten years for the "swap" to close due to title problems on lot 316. Over the years, many people have purchased homes on Magnolia Street that face Howell Park. Prior to purchasing homes, many prospects called the city officials out of due diligence to confirm the park's status. The resounding answer was that the park and lot 305 where owned by the City of Atlantic Beach, and would always be preserved as part of Howell Park. Magnolia Street is a narrow one way street with many children at play. It simply cannot afford another house on the east side of the street. Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and other wildlife. The integrity of the City of Atlantic Beach, whose employees and officials have repeatedly told prospective and existing homeowners, that the "City of Atlantic Beach acquires park land, we do not sell or trade our parks." Even after the swap" transpired, the city officials were unaware of the transaction. How can a city exchange property without the knowledge of the current city officials? Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity of Howell Park and the City of Atlantic Beach. 410 Vc, 3g.2 M ho/ia St., A-R 3o P,ext&A/0c-i, 5 . 31-ito LS Iffirin. •- 1 G 4 itt , 6 5-0 1" Plor 6250 6t5). 40.3 Map op, 536 Matter of IIntegrity We, the undersigned do hereby request that the City of Atlantic Beach re- purchase park property that was recently traded. On January 22, 1999, the City traded lot 305 of the Saltair subdivision for lot 316 in accordance with a ten-year- old ordinance no. 95-89-38. When the ordinance was written, it was determined that since lot 316 was adjacent to the back entrance of Howell Park, it was more desirable at that time. It took ten years for the "swap" to close due to title problems on lot 316. Over the years, many people have purchased homes on Magnolia Street that face Howell Park. Prior to purchasing homes, many prospects called the city officials out of due diligence to confirm the park's status. The resounding answer was that the park and lot 305 where owned by the City of Atlantic Beach, and would always be preserved as part of Howell Park. Magnolia Street is a narrow one way street with many children at play. It simply cannot afford another house on the east side of the street. Re-Purchasing lot 305 is a matter of integrity. The integrity of the park to keep this valuable natural resource that includes Cyprus trees, Bull Pines, turtles, and other wildlife. The integrity of the City of Atlantic Beach, whose employees and officials have repeatedly told prospective and existing homeowners, that the "City of Atlantic Beach acquires park land, we do not sell or trade our parks." Even after the swap" transpired, the city officials were unaware of the transaction. How can a city exchange property without the knowledge of the current city officials? Correct this mistake now. Re-purchase lot 305, Saltair and restore the integrity of Howell Park and the City of Atlantic Beach. 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Mr - gab • '1/4, K; AI•A .1 • • 4 I qgg'2.-- itt .944, .% . itzt7i4 i • az. . 6°, 593 ks ." • . ••-- - --• ,: - • - 24 t•.11. 2 L rr iiiiirF4"'1.-':. .'• • • UM 4, •41,r1,1, ::•••",.•.,::`.' • .ramie 44'0 t '600/ g4ii, '4 7c,-- --• • 4 •1ST--.61 Lia.1.4.--- tut....,5.,.5, - ....;.,..•-;- I. . 1'2, : 45 64;- 617 - it, ,4„;---. ,-,--- ti Zp. •1 irte,.1.Fill.lizt:\VI 4 ,'''s, t:1/4,-/ e,-,- -..,;-. ,i,).• •-. 9' ,,.-,'4' ;`. 1-'1,, . , , , • t3 3 34 it 47 1 13 It 9 7 6 11, • r4,941:74741 QC . 2 4.!..V...r:•;••i'''' .: . • ORDINANCE NO.95-89-38 AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTIES BETWEEN WILLIAM S. HIXON AND THE CITY OF ATLANTIC BEACH; PROVIDING AND EFFECTIVE DATE WHEREAS, The City of Atlantic Beach acquired a number of lots in Saltair Subdivision for the creation of a passive park named Howell Park, and WHEREAS, William S. Hixon of Atlantic Beach owns Lot 316 Saltair which said lot fronts immediately upon the entrance to said park, and WHEREAS, The City of Atlantic Beach owns Lot 305 Saltair which said lot fronts on Magnolia Street immediately to the rear of Lot 316, and WHEREAS, Lot 316 being closer to the entrance of Howell Park and therefore more likely to be utilized rather than Lot 305, and WHEREAS, William S. Hixon has indicated a willingness to trade Lot 316 for the City's Lot 305, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The City Commission hereby authorizes the transfer of Lot 305 Saltair, section 3, plat book 10 page 16 current public records of Duval County Florida to William S. Hixon 310 Pine Street, Atlantic Beach in exchange for Lot 316 Saltair, section 3, plat book 10 page 16 current public records Duval County Florida. Section 2. This ordinance shall take effect upon its adoption. Passed by the City Commission on f'rst read' •: Januar 23 1989 Passed by the City Commission on -ec.n. =nd final/ eading Februar 13 1989. Ar .(._/_ Wi-i:m I. Guth'. 7,sr, Presiding Officer App 1.-07r4 as to Form and Correctness: Claude L. Mullis, City At orney SEAL) Maureen King, City Cler 170453 000 USD3 HIXON JUST 21,138 00 2** W RNG 29E WILLIAM S CLASS SEC 16 T 21,138 PUSE = 0000 11 ACRES 1201 LOWER STATE RD LAND BK 5982 PG 2154 DATE 07/85 *11,000 NORTH WALES, PA 19454 IMPRVMT 429.84 NOV 4% DEFER 7.5994 GGUSD3 160.64 . 16-2S-29E SALTAIR SEC 3 LOT 316 BETH W 0/R BK 5982-2154 434.32 DEC 3% ASSESS 21,138 6.3600 SCHLST 134.44 438.79 JAN 2% TAXABLE 21,138 2.7600 SCHLLC 58.34 443.27 FEB 1% 0470 FLNVGD 99 447.75 MAR 0% 3.1721 ATL. B 67.05 4820 STJRVM 10.19 7617 VOTED 16.10 TOTAL 447.75 170454 0000 USD3 HIXON JUST 108,000 000531-03** SEC 16 TWN 2S RNG 29E WILLIAM S CLASS PUSE = 0100 11 ACRES 310 PINE ST LAND 21,138 BK 4758 PG 666 DATE 11/78 100 ATLANTIC BEACH, FL 32233-4016 IMPRVMT 86,862 2,196.19 NOV 4% DEFER 7.5994 GGUSD3 820.74 16-2S-29E SALTAIR SEC 3 LOT 317 BETH W 0/R BKS 4530-924,475 2,219.07 DEC 3% ASSESS 108,000 6.3600 SCHLST 686.88 8-666 2,241.95 JAN 2% TAXABLE 108,000 2.7600 SCHLLC 298.08 2,264.82 FEB 1% 0470 FLNVGD 5.08 2,287.70 MAR 0% 3.1721 ATL. B 342.59 4820 STJRVM 52.06 7617 VOTED 82.27 TOTAL 2,287.70 Inn 1170448 0000 USD3 CITY OF ATLANTIC BEACH JUST 72,000 000530-03** S SEC 16 TWN 2S RNG 29E 716 OCEAN BV CLASS pPUSE = 8200 2.40 ACRES P 0 BOX 25 LAND 72,000 BBK 4153 PG 636 DATE 05/76 1,000 ATLANTIC BEACH, FL 32233-5428 IMPRVMT 00 NOV 4% DEFER 7.5994 GGUSD3 110-16 16-2S-29E 2.400 SALTAIR SEC 3 LOTS 295 TO 305,308 TO 3 00 DEC 3% ASSESS 72,000 6.3600 SCHLST1500JAN2% 917City of 72,000 2.7600 SCHLLC 00 FEB 1% TAXABLE 0470 FLNVGD 00 MAR 0% 3.1721 ATL. B 4820 STJRVM 7617 VOTED TOTAL 170448 0100 USD3 RAUSCH JUST 89,463 000530-04**SEC 16 TWN 2S RNG 29E STEVEN W CLASS PUSE = 0100 11 ACRES 301 MAGNOLIA ST LAND 21,138 BK 8359 PG 2377 DATE 05/96 *30,000 ATLANTIC BEACH, FL 32233-4027 IMPRVMT 68,325 1,261.50 NOV 4% DEFER 2,427 7.5994 GGUSD3 471.4416890006-2S-29E SALTAIR SEC 3 LOT 307 1,274.64 DEC 3% ASSESS 87,036 6.3600 SCHLST 394.55 1,287.78 JAN 2% 601GENERAL 25,000 2.7600 SCHLLC 171.22 1,300.92 FEB 1% TAXABLE 62,036 .0470 FLNVGD 2.92 1,314.06 MAR 0% 3.1721 ATL. B 196.78 4820 STJRVM 29.90 7617 VOTED 47.25 TOTAL 1,314.06 p1 fax NO. : 2157939309 May. 10 1999 08:31A11 P2/2 zrtin'v i tt ^an i_,t; manager CAP/ of !rt =,nti' t_Sf'arr 30(J Seriunolc• Roan Atlantic b,-. act 1i_ 322. 3 VIA FAX: 247-5805 to c?'talre Section 3 yut.r kr: ;w Beach recently completed a trade with us, which was result of this transaction Beth and 1 now own the referenced a.:ar:t lc); ,v t;i:;(,!'+, i on two sides by Howell Park. Since the completion of that rt,de c,c,,,in.aces have changed and we are considering selling Lot 305. Suri; Mr r'. dark Schauer have offered us $50,000 for Lot 305. Mr. t:a;.y his + .it.r;:;;d.vn his offer and we have not yet committed to Mr. Schaffer. c _,' , would like to buy the lot to preserve his natural frontage on the that he has no plans to build on the lot but would like to own ter t y ::fr .,n-lf!one build between his house and the park property. City own the lot and thus prevent any more homes from Wu y ;;::.;ri,iC,(..f ,r•r r>ark•s borders. Owning this lot would even out the park's c:mca:y er 7 : :a ,a arid Pine Streets fit' after r!'-! 1.he next available City Commission meeting and let me know if 1,, J.:1s ..1:•••.' linteti) .r, purchasing this lot. i :;ti;; ., <, our offer please feel free to contact me at the following I 215-793-9308 Jennifer A. Chalot 322 Magnolia Street Atlantic Beach, FL 32233 904) 249-8522 jennifer.chalot@dso.duval.k 12.fl.us May 7, 1999 The Honorable Suzanne Shaughnessy, Mayor City of Atlantic Beach, Florida 800 Seminole Road Atlantic Beach, FL 32233 Dear Mayor Shaughnessy: Attached please find a letter I received from Jim Jarboe in 1997 in response a letter I wrote to (then) Mayor Lyman Fletcher about development of Howell Park property. I shared this written response with all of my neighbors in the 300 block of Magnolia Street, and we felt great relief at the time it was received. Now, it seems unbelievable that I am having to write to another city official about the same events that have already prompted numerous letters, phone calls and, according to Mr. Jarboe, should never have caused us concern again. My neighbors and I live on the one-way block of Magnolia Street which faces the west side of Howell Park. We learned recently that private property nearby has been"swapped" for city owned property that is a part of Howell Park and which faces my home at#322. This is another piece of Howell Park that my neighbors and I have been assured repeatedly would never be developed - yet now it is for sale due to this recent city action. We feel betrayed and angry. Before purchasing our homes in this part of Saltair, every owner in the 300 block got assurances from various current city officials that there were no plans to develop Howell Park property. We chose to live in this area, paying more for our homes in most cases, because of its private, unique character, offering the beautiful, quiet woods with little traffic, and, we believed freedom from threat of development. Since I purchased my home in 1992, two homes have been built opposite my property on land I was told would NEVER be developed. Now, I'm sure my neighbors and I are facing a third and inevitably more home construction and lost woodland in our neighborhood. Everything that prompted us to move here will be lost, and our property values and quality of life will be greatly diminished. 40 The Honorable Suzanne Shaughnessy, Mayor Page 2, Continued Please remember that Howell Park belongs to the citizens of Atlantic Beach, and all deals to sell or swap"this property should be approved by its owners by vote. Many of us who voted for you and the current members of the City Council to represent us believed you care about the fate of Howell Park and the preservation of our quality of life in Atlantic Beach. You can restore our trust and faith in your leadership by acting to purchase this piece of Howell Park property back for the city, to be preserved "in perpetuity" as we were promised, before it can be sold to a private party for development. Then,you can openly involve all citizens in discussions of future development of public property by holding well-publicized public forums and conducting a vote by all citizens. Thank you for"listening" and giving consideration to this request. I will share this letter with my neighbors, who I hope will join me in attending the next City Council Meeting. Perhaps soon, you will have had an opportunity to discuss this issue with the proper staff members and will have begun action toward a favorable resolution of this issue. If not, I hope you will provide my neighbors and me with a written response concerning what actions the city WILL take to compensate us for the certain reduction in our property values and loss of current quality of life that will occur as the city continues to make future"behind-the-scenes land swap deals"for Howell Park property. Sincerely, d61Lait a C4€aM— Jennifer A. Chalot CC: Magnolia Street and Palm Avenue Neighbors ATTACHMENT(1) CITY OF . r t°aatic 'ead - 7eoftda 4), 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 lits FAX(904)247-5805 SUNCOM 852-5800 June 25, 1997 Jennifer A. Chalot 322 Magnolia Street Atlantic Beach, FL 32233 Dear Mrs. Chalot, Your letter of June 17th to Mayor Fletcher was forwarded to me for investigation into the ownership and disposition of the lots on the east side of Magnolia Street. I have found that the information given to you in 1992 was correct in that the lots directly across the street from you are a part of Howell Park and cannot be developed. There are only two lots on the east side of Magnolia Street which are not incorporated into Howell Park. These are the two immediately north of Seaspray Avenue. These two lots have never 0 been a part of Howell Park. The two lots are privately owned and zoned for Single-family homes. As you are aware, the corner lot has already been developed. The lot immediately north of it may be developed as a Single-family residence. I concur with your concerns about the narrow roadway and the higher volume of traffic that would result if more development were to occur along Magnolia Street, however, as mentioned above, only one lot remains available for development. That lot is privately owned and the owner has a right to develop the lot only as a Single-family home. Since no plans exist for the City to sell any part of Howell Park, I believe that you and your neighbors can expect to continue to enjoy the qualities of one of our quietest city parks without concern for more development and the associated problems of traffic and parking. if you have any other questions or concerns, please do not hesitate to write to me at City Hall or to call me at 247-5800. cerely, Ja s Jarbo , City Manager 0 ALAN JENSEN ATTY ATTACHMENT E MAY 10, 1999 COMMISSION MEETING ALAN C. JENSEN Attorney at Law Fi 935 North Third Street Post Office Box 50457 5_ I 0_ 9 9Jacksonvi7IeBeach, Florida 32240-0457 Telephone (904)246-2500 Facsimile (904)246-9960 MEMORANDUM DATE: May 4, 1999 TO:David E. Thompson, City Manager City of Atlantic Beach FROM: Alan C. Jensen, Esq., City Attorney RE:Atlantic Boulevard/Mayport Road Flyover The Commission has inquired regarding when the JTA would be required to apply for a variance to the height restrictions contained in the Atlantic Beach Code. A review of Sec. 24-64, Variances, sets forth the procedures and process for obtaining aetvariance, but sets no time limits or requirements. Clearly, any variance would have to be obtained prior to any permits being issued or the beginning of construction. However, a further review of the City's Code of Ordinances reveals in Sec. 24-82(b), Height, that this applies to any structures or buildings. Obviously, the Mayport flyover would not be a building, and then the question becomes whether or not it is a structure. I have reviewed the definition of structure as contained in Sec. 24-17 and it appears that a structure must be intended for business or living quarters, which would not apply to the flyover. Therefore, it is my opinion that nothing in our Code addresses the situation created by the Mayport flyover, which of course was never anticipated by the Code or any revisions thereto. ACJ/sky