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01-13-97 v CITY OF ATLANTIC BEACH COMMISSION MEETING- January 13, 1997 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission meeting of December 9, 1996 2. Recognition of Visitors: A. Ann Murphy, Continental Cablevision 3. Unfinished Business: A. Board Appointments: (i) Pension Board of Trustees - 1 (2-year term January 1, 1997 - December 31, 1998 (ii) Code Enforcement Board - 1 (To fill unexpired portion of term to expire September 30, 1998) (iii) Cultural Arts Board - 1 (To fill unexpired portion of term to expire April 30, 1998) 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Code Enforcement, Fire, and Recreation Departments 5. Action on Resolutions: A. Resolution No. 97-1 RESOLUTION OF ESTEEM - A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING TONY ZEAITER, MANAGER OF PUBLIX STORE, FOR HIS GENEROUS SUPPORT OF CITY FUNCTIONS B. Resolution No. 97-2 RESOLUTION OF ESTEEM RECOGNIZING FIRST NIGHT VOLUNTEERS 6. Action on Ordinances: A. Ordinance No. 10-97-20 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, SECTION 3-2, HOURS OF SALE, TO ALLOW THE SALE OF BEER AND WINE BEGINNING AT 10:00 AM ON SUNDAYS, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 95-97-24 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, CLOSING, VACATING AND ABANDONING CERTAIN PORTIONS OF AHERN STREET EAST OF OCEAN BOULEVARD, AND PROVIDING AN EFFECTIVE DATE Page Two AGENDA January 13, 1997 C. Ordinance No. 28-96-4 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING SECTION 2 OF THE CITY CHARTER BY ADOPTING A REVISED DESCRIPTION OF THE MUNICIPAL CORPORATE BOUNDARIES; PROVIDING AN EFFECTIVE DATE D. Ordinance No. 90-96-163 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE FUTURE LAND USE MAP OF THE ADOPTED COMPREHENSIVE PLAN, CHANGING THE HEREIN DESCRIBED PARCEL FROM RH, RESIDENTIAL HIGH DENSITY, TO CG, COMMERCIAL GENERAL; PROVIDING AN EFFECTIVE DATE 7. New Business: A. Public Hearing and action on an application for a Use by Exception, filed by Ron Meardy,to operate an auto sales business at 1400 Mayport Road, on property zoned Commercial General (CG) B. Authorize the City Manager to execute agreement between the City and Catholic Charities Bureau, Inc. C. Action on request to relocate the Francis Avenue pavement 8. City Manager Reports and/or Correspondence: A. Discussion and possible action relative to health insurance for city employees 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk 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. V V MINUTES OF THE REGULAR MEETING OF THE ATLANTIC O O BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T ROAD, AT 7:15 PM ON MONDAY, JANUARY 13, 1997 E E D D PRESENT: Lyman Fletcher, Mayor M S John Meserve 0 E Tim Reed T C Steve Rosenbloom I 0 Y NAME OF ONEN Suzanne Shaughnessy, Commissioners COMMRS. N D S 0 AND: James Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order. The invocation was offered by Commissioner Shaughnessy, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held December 9. 1996. MESERVE X Motion: Approve minutes of the Regular Meeting held REED X X December 9, 1996. ROSENBLOOM SHAUGHNESSY X X FLETCHER X The motion carried unanimously. Commissioner Rosenbloom entered the meeting at 7:17 PM. 2. Recognition of Visitors: A. ANN MURPHY, CONTINENTAL CABLEVISION Ann Murphy, Community Relations Manager, was present to answer any questions concerning recent problems experienced by Continental Cablevision customers. Ms. Murphy explained the company was experiencing growing pains and was training forty new customer service representatives to handle calls and complaints and was taking a pro-active approach to problem solving. Commissioner Rosenbloom inquired as to the causes of recent problems and Ms. Murphy stated they were caused by a recent rate increase, late billing, a rodent damaging equipment which caused an outage during football playoffs, and new programming. Commissioner Shaughnessy thanked Ms. Murphy for taking a pro-active approach to problem solving. There were no public inquiries. V V Minutes Page -2- NAME OF January 13, 1997 COMMRS. MS Y N B. J. P. MARCHIOLI OF 414 SHERRY DRIVE Mr. Marchioli offered suggestions for park maintenance which included using a leaf blower to remove leaves and litter, "NO LITTERING" signs with fines. It was also suggested that citizens using the park be asked to place their own trash in receptacles located at the entrance to the park. Public Safety Department bicycle patrol of parks was also mentioned. 3. Unfinished Business: A. Board Appointments: (I) Pension Board of Trustees - 1 (2-year term January 1, 1997 - December 31, 1998 (ii) Code Enforcement Board - 1 (To fill unexpired portion of term to expire September 30, 1998) (iii) Cultural Arts Board - 1 (To fill unexpired portion of term to expire April 30, 1998) PENSION BOARD OF TRUSTEES Mayor Fletcher stated he would like to appoint Ed Martin to a two year term on the Pension Board. MESERVE X X Motion: Appoint Ed Martin to a two year term on the REED X Pension Board of Trustees. ROSENBLOOM X SHAUGHNESSY X X There was no discussion and the motion carried unanimously. FLETCHER x CODE ENFORCEMENT BOARD Mayor Fletcher stated he would like to appoint Tammy Deitchman to fill an unexpired term to expire on September 30, 1998 on the Code Enforcement Board. MESERVE X X Motion: Appoint Tammy Deitchman to fill an unexpired term on REED X X the Code Enforcement Board to expire on September 30, 1998. ROSENBLOOM X SHAUGHNESSY X There was no discussion and the motion carried unanimously. FLETCHER X CULTURAL ARTS BOARD v V Minutes Page -3- NAME OF January 13, 1997 COMMRS. MS Y N Action on this appointment was deferred to the January 27, 1997 Commission Meeting. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Fire and Recreation Departments The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: A. Resolution No. 97-1 RESOLUTION OF ESTEEM - A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING TONY ZEAITER, MANAGER OF PUBLIX STORE, FOR HIS GENEROUS SUPPORT OF CITY FUNCTIONS Mayor Fletcher read the Resolution in its entirety. MESERVE X REED X Motion: Adopt Resolution No. 97-1. ROSENBLOOM X X SHAUGHNESSY X X Mayor Fletcher then presented the framed Resolution to Mr. Zeaiter and FLETCHER X on behalf of the Commission and citizens of Atlantic Beach thanked him for his generous support for various city functions. The motion carried unanimously. B. Resolution No. 97-2 RESOLUTION OF ESTEEM RECOGNIZING FIRST NIGHT VOLUNTEERS Mayor Fletcher read the Resolution in its entirety. MESERVE X X REED X Motion: Adopt Resolution No. 97-2. ROSENBLOOM X SHAUGHNESSY X X FLETCHER X On behalf of the Commission and citizens of Atlantic Beach, Mayor Fletcher acknowledged and thanked the following volunteers for all of their hard work to make the inaugural First Night celebration a huge success: Nancy DeCandis, Rosemary Fletcher, Karen Summers, Pam Busnell, Thelma Fugere, Suzanne Judas, Lucy Stewart, Gabe Goodman, V V Minutes Page -4- NAME OF January 13, 1997 COMMRS. MS Y N Barbara Benisch, Donna Zimmerman, Nancy Wielgus, Peggy Neville, Elaine Kinney, Karin Clark, Mary Jenkins, Nancy Bodge, Henny Schoonover, Tim and Lavinia Kubiac, Dezmond Waters, and Jacque Allen. Commissioner Shaughnessy, Commission Liaison to the First Night Committee, thanked the volunteers for a job well done and complimented the group for working together so well. City Manager Jarboe also praised the volunteers and city staff for all of their hard working in putting together such a successful event and stated it was a pleasure to work with such an organized group . There were no further comments and the motion carried unanimously. 6. Action on Ordinances: A. Ordinance No. 10-97-20 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, SECTION 3-2, HOURS OF SALE, TO ALLOW THE SALE OF BEER AND WINE BEGINNING AT 10:00 AM ON SUNDAYS, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only and explained the final reading and public hearing would take place January 27, 1997. MESERVE X X Motion: Pass Ordinance 10-97-20 on first readin . REED X g ROSENBLOOM X X SHAUGHNESSY X Commissioner Meserve stated that for uniformity, the words "beer and FLETCHER X wine" should be used throughout the ordinance and reference to champagne removed. City Attorney Jensen concurred with Commissioner Meserve's suggestion and clarified the intent of the ordinance to the Commissioners. MESERVE K X Amendment to motion: Change language of ordinance to REED X remove the word champagne and read beer and wine ROSENBLOOM X X SX throughout. FLETCHERSSY X There was no further discussion, and the motion as amended passed unanimously. v V Minutes Page -5- NAME OF January 13, 1997 COMMRS. MS Y N B. Ordinance No. 65-97-24 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING CERTAIN PORTIONS OF AHERN STREET EAST OF OCEAN BOULEVARD, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher inquired concerning which portion of Ahern Street was being closed, questioned the language "east of Ocean Boulevard" and asked for clarification. City Attorney Jensen stated the part being closed was that portion conveyed by deed to the Sea Turtle Inn. MESERVE X X Motion: Pass Ordinance 95-97-24 on first reading. REED X X ROSENBLOOM X SHAUGHNESSY X Mayor Fletcher then stated the public hearing and final reading of the FLETCHER X ordinance would take place January 27, 1997. There were no further comments and the motion carried unanimously. C. Ordinance No. 28-96-4 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING SECTION 2 OF THE CITY CHARTER BY ADOPTING A REVISED DESCRIPTION OF THE MUNICIPAL CORPORATE BOUNDARIES; PROVIDING AN EFFECTIVE DATE MESERVE X Motion: Adopt Ordinance No. 28-96-4 on final reading. REED X ROSENBLOOM X X SHAUGHNESSY X X Mayor Fletcher read the ordinance by title only. He then opened the FLETCHER X public hearing and invited comments from those present. No one spoke in favor of or in opposition to the ordinance and the public hearing was declared closed. There was no discussion and the motion carried unanimously. D. Ordinance No. 90-96-163 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE FUTURE LAND USE MAP OF THE V V Minutes Page -6- NAME OF January 13, 1997 COMMAS. MS Y N ADOPTED COMPREHENSIVE PLAN, CHANGING THE HEREIN DESCRIBED PARCEL FROM RH, RESIDENTIAL HIGH DENSITY, TO CG, COMMERCIAL GENERAL; PROVIDING AN EFFECTIVE DATE MESERVE X REED X Motion: Adopt Ordinance No. 90-96-163 on final reading. ROSENBLOOM SHAUGHNESSY Marcus Prom, owner of the subject property, appeared before the FLETCHER Commission and presented a proposed site plan and photographs illustrating the types of structures he proposed to build on property, which included a showroom and offices for sales representatives. He further stated commercial development was consistent with the Comprehensive Plan, would reflect less density resulting in less traffic for the area and the proposed use was better than that allowed by the current zoning Mayor Fletcher then opened the public hearing. No one spoke and the public hearing was closed. Commissioner Rosenbloom pointed out that the Community Development Board had recommended denial of the request and suggested no changes be made to the land use designation of the property and inquired as to the reasoning behind this decision. City Manager Jarboe stated he was not present at the meeting, but in the past, maintaining the residential character of the area and increased traffic were expressed concerns. Due to the fact that Community Development Director Worley was not present to answer questions, it was decided to defer action on the motion. MESERVE X Motion: Defer action on Ordinance No. 90-96-163 until the REED X January 27, 1996 Commission Meeting. ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X Mayor Fletcher stated he was opposed to deferring the decision and the motion carried by a four to one vote with Mayor Fletcher voting nay. 7. New Business: A. Public Hearing and action on an application for a Use by Exception, filed by Ron Meardy, to operate an auto sales business at 1400 Mayport Road, on property zoned Commercial General (CG) V V Minutes Page -7- NAME OF January 13, 1997 COMMAS. MS Y N Ron Meardy of 1835 Ocean Grove stated that he planned to operate an automobile sales business at the 1400 Mayport Road location. Mayor Fletcher then opened the public hearing and invited comments from those present. Lynn Drysdale of 1768 Ocean Grove stated she opposed the request and continued by stating Mr. Meardy also operated a title lending business which could charge up to 268% interest and she was opposed to title loans being issued at this location. Mayor Fletcher stated the applicant specifically stated auto sales would be conducted on the site. Commissioner Meserve then stated that auto sales businesses usually arrange financing as a routine part of the business and the financing aspect of the business did not have anything to do with the use by exception request. City Attorney Jensen concurred with Commissioner Meserve's statement. MESERVE X X Motion: Approve Use by Exception filed by Ron Meardy to REED X X operate an auto sales business located at 1400 Mayport Road ROSENBLOOM x on property zoned Commercial General (CG), as FLETCHERSSY X P P y FLETCHER X recommended by the Community Development Board. There being no further discussion, the motion carried unanimously. B. Authorize the City Manager to execute agreement between the City and Catholic Charities Bureau, Inc. Motion: Authorize City Manager Jarboe to execute an RESERVE X X REED X agreement between the City of Atlantic Beach and Catholic ROSENBLOOM X Charities Bureau, Inc. for administering the "Atlantic Beach SHAUGHNESSY X X Cares" program. FLETCHER X City Manager Jarboe explained that Catholic Charities was chosen because they have expertise in administering the same type of programs for Clay County and the Jacksonville Electric Authority. There was no discussion and the motion carried unanimously. C. Action on request to relocate the Francis Avenue pavement v V Minutes Page -8- NAME OF January 13, 1997 COMMRS. MS Y N City Manager Jarboe informed the Commission that relocating Francis Avenue was an unusual request and potentially would cost more than he could approve. He further stated that if the Commission was interested in pursuing the project, a survey would have to be completed by the city because the permanent markers could not be located. It was pointed out that the electrical poles and part of the road were located on private property. Estimated figures for the project, including relocation of electrical poles by JEA, were reported to run as high as $74,400. Commissioner Shaughnessy stated she believed the city needed more detailed cost information before a decision could be made. Commissioner Rosenbloom stated he could not support the City putting $75,000 into the property and inquired as to alternatives available. He also asked if the property was buildable as is, and was told that it was. Commissioner Meserve commented that possibly the JEA would move the poles. William Morgan, Architect for the Donner Community Development Corporation, explained the request and stated he would like Francis Avenue pavement to be located in the center of the right-of-way to better utilize the property for construction of eleven homes on the site. Mr. Morgan's letter and scale drawing is attached (Attachment A) and made part of this official record. City Manager Jarboe pointed out that additional costs might occur if construction of a retention pond is required by the St. Johns River Water Management District when the road is moved. After considerable discussion, it was decided to defer action on the request. Motion: Defer action on the request until the January 27, 1997 MESERVE X X Commission Meeting. Direct the City Manager to obtain a REED X Rof the property and have Staff and Mr. Morgan come SHAUGHNESSYHUGHEOM X survey p p y X back with more accurate cost figures for the project, including FLETCHER X a written agreement with the Jacksonville Electric Authority regarding relocation of the poles and information from the St. Johns River Water Management District concerning permitting requirements and costs to move the road and the V V Minutes Page -9- NAME OF January 13, 1997 COMMRS. MS Y N need for a retention pond. 8. City Manager Reports and/or Correspondence: A. Discussion and possible action relative to health insurance for city employees City Manager Jarboe reported the health insurance premiums for city employees had increased 13.6% for 1997. He then requested Commission permission to use Al Waters of Waters Risk Management as the city's insurance consultant to assist in preparation and review of RFP's for health insurance coverage. Motion: Authorize the City Manager to hire Al Waters as the ME SERVE X X REEX city's insurance consultant to assist in the preparation and ROSENBLOOM X X review of RFP's for employee health insurance coverage. SHAUGHNESSY X FLETCHER X There was no discussion and the motion carried unanimously. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk City Manager Jarboe stated complaints concerning speeding continue even though the number of citations issued had doubled from 1994 to 1996. Public Safety Director Thompson informed the Commission he was working with the Sheriff's Department and in the near future a LED sign would be set up which records the actual speed of a vehicle and displays it on the digital readout for the motorist to see. City Clerk King reminded the Commission of the Beach Avenue Special Assessment meeting on January 21, 1997 and the February 3, 1997 Shore Protection Meeting. City Manager Jarboe passed out a list of proposed services to be offered at the new Clerk of the Circuit Court office at the beach and asked the Commissioners to let him know if they had any concerns with the proposal. Commissioner Shaughnessy requested the following items be placed on v V Minutes Page -10- NAME OF January 13, 1997 COMMRS. MS Y N the next agenda: (1) Discussion and action on the Seminole ditch, and (2) making motions in writing. Commissioner Meserve inquired on the status of the Pension Board decision concerning the 50-50 split of costs related to the 3% cost-of- living increase for retirees and funding for the Tresca Park Management Plan. Mayor Fletcher stated the funding cycle was just beginning with the Inland Navigational Waters grant application due April 1, 1997. Due to prior work commitments, Mayor Fletcher asked Mayor Pro Tem Rosenbloom to represent the city at a groundbreaking ceremony for the new obstetrics wing at Baptist Medical Center at the Beaches on Friday, January 17, 1997 at 2:45 PM. Commissioner Rosenbloom stated he would attend. Commissioner Shaughnessy reminded the Commissioners of the annual Martin Luther King Memorial Breakfast on Wednesday, January 15, 1997. There being no further discussion or business to come before the Commission, the meeting adjourned at 8:40 PM. Lyman Fletcher Mayor/Presiding Officer ATTEST: Ma reen King, CM City Clerk ATTACHMENT A _ JANUARY 13, 1997 COMMISSION MEETING MEMO /To: Jim Jarboe/City Manager From: Robert S. Kosoy, P.E. Subject: Francis Avenue Pavement Relocation Date: January 8, 1997 In response to Mr. William Morgan's request to relocate Francis Avenue paving between Donner and Jackson Roads (exact limits are shown on the plans attached to his letter of January 7, 1997), the rough cost of this work is estimated in for two alternatives. Minimum repaving: In order to remove the encroaching roadway from the property of the Francis Cove development and replace the asphalt on the east side to maintain the current roadway width would cost approximately$3400. Requested relocation: In order to relocate the roadway as shown on Mr. Morgan's plan we would need to remove 1200 square yards of existing asphalt, reconstruct an equal area of new roadway with a limerock base, reset manholes and valve boxes and sod or seed about 600 square yards for an approximate cost of$21,000. This estimate does not include electrical pole relocation, which could add $50,000 to this roadway relocation. If you need more exact figures, we will obtain quotes from paving contractors and contact JEA but will need about two weeks to obtain them. c. Phil Nodine,Division Director George Worley, City Planner File: Francis Cove William Morgan Architects Architecture & Planning • 220 East Forsyth Street • Jacksonville, Florida 32202-3359 •Telephone 904/356-4195 • Fax 904/356-2808 January 7, 1997 Mr, James R. Jarboe City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Francis Avenue pavement relocation Dear Mr. Jarboe: On the behalf of the Donner Community Development Corporation, I respectfully request that you place our organization on the agenda for the next meeting of the City of Atlantic Beach Commission so that we may present our request regarding the relocation of Francis Avenue pavement. As we have discussed previously on the site, the present Francis Avenue paving along our property partially lies west of the public right-of-way. The attached survey dated 10-06-95 and prepared by Ellis, Curtis and Kooker, Inc. shows a pavement encroachment by Francis Avenue of 5.5 feet at the southeast corner of our Lot 1. The encroachment continues north for a distance of about 393.72 feet to the 3,7r north-west.corner of our Lot 5 where I measure the encroachment to be 2.1 feet. Along our property the width of the Francis Avenue right-of-way is 55 feet, and the pavement width is more or less 18 feet. We request that the pavement of Francis Avenue be relocated as shown in the attached scaled drawing entitled Community Plan and dated 7 January 1997. As requested by Mr. Kosoy, the Director of Public Works, the paving intersection would remain unchanged at the intersection of Donner Road and Francis Avenue, but would be reconfigured to form a ninety degree angle which is optimum from the standpoint of public safety, but presently is not the case. January 7, 1997 Mr, James R. Jarboe City Manager City of Atlantic Beach page 2 We propose that the Francis Avenue pavement would be relocated to the center of its right-of-way at a point approximately 275 feet north of Donner Road, that it would continue north in the center of its right-of-way for 120 feet or so, and then would rejoin the existing alignment safely north of our property. This realignment would permit landscaped setbacks and off street parking consistent with the planning standards for residential properties elsewhere in Atlantic Beach. We further request that the city of Atlantic Beach not remove and leave as is the areas of pavement required for the safe access of vehicles to off-street parking areas and driveways where they are shown on our attached plan. Please be advised that the first new residence in Donner Community now is nearing completion. Relocation of the Francis Avenue pavement paving is required before our final utility connections and landscaping can be completed. Time is of the essence. The Donner Community Development Corporation greatly appreciates the assistance of the City of Atlantic Beach in the past, and looks forward to the City's continuing cooperation in the realization of this most worthwhile project. Please advise us immediately of any additional information you may require. Yours v- truly, • Willia Morgan, AIA cc: Sharette impson, President, Donner Community Development Cooporation Lynn Drysdale, Esq. Pat Williams [zkc --i AR ` 0K1 L ANc- _________,,) Q Q7''c� o—iOS IsDe i No-TES I) ?Roy toe: TWo IO'x20' 'AuE3 PAQ1UNG s9ACES o►4 EAc% LOT WHC-RE P-1 k P-2_ ASL sHoWN). 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