03-24-97 v CITY OF ATLANTIC BEACH
COMMISSION MEETING-March 24, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of March 10, and Special Called
Meeting of March 17, 1997,
2. Recognition of Visitors:
A. Presentation of proclamation declaring the month of April as Parliamentary
Emphasis.Month in Atlantic Beach
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of reports from Building Department
5. Action on Resolutions:
A. Resolution No. 97-9
A RESOLUTION HONORING LT. JARED SMITH FOR TWENTY-FIVE
YEARS OF SERVICE AS AN OUTSTANDING POLICE LIEUTENANT
FOR THE CITY AND CITIZENS OF ATLANTIC BEACH, FLORIDA
B. Resolution No. 97-8
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, DECLARING A
SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170, FOR SEWER LINES TO SERVE THE PROPERTY
OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE,
AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA
PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND
PROVIDING AN EFFECTIVE DATE
C. Resolution No. 97-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, IN SUPPORT OF THE WATERFRONTS
FLORIDA PROGRAM AND AUTHORIZING CITY STAFF TO SUBMIT
AN APPLICATION FOR FUNDING; AND PROVIDING AN EFFECTIVE
DATE
6. Action on Ordinances:
A. Ordinance No. 75-97-12: Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 21, BY ADDING TO AND CHANGING SEC. 21-22 TO PROHIBIT
PARKING OF VEHICLES OVER TEN THOUSAND(10,000)POUNDS GROSS
WEIGHT IN RESIDENTIAL ZONES, AND PARKING RESTRICTIONS IN
RESIDENTIAL AND COMMERCIAL AREAS UNLESS PERMITTED BY THE
CITY CODE
Page Two AGENDA March 24, 1997
B. Ordinance No. 60-97-10: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN
EFFECTIVE DATE
7. New Business:
A. Award contract to McCall Service of Jacksonville for insect control and fertilization
of city lawns and landscaped areas, and pest control for city buildings pursuant to the
specifications of Bid#9697-6
B. Approve payment of Greenscape invoice in the amount of$40,021.00
C. Authorize additional design work (Task Order No. 6) in the Buccaneer Wastewater
Treatment Plant Expansion project
D. Approve additional work in the amount of $2,000.00 in the Francis Avenue
Relocation project
8. City Manager Reports and/or Correspondence:
A. Commendation - Karl Grunewald
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 0 0
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T
ROAD, AT 7:15 PM ON MONDAY, MARCH 24, 1997 E E
D D
PRESENT: Lyman Fletcher, Mayor M S
John Meserve 0 E
Steve Rosenbloom, Commissioners T C
I O Y
NAME OF ONE N
AND: Alan C. Jensen, City Attorney COMMRS. N D S 0
Maureen King, City Clerk
ABSENT: Tim Reed (Excused)
Suzanne Shaughnessy(Excused)
The meeting was called to order. The invocation was offered by Mayor
Fletcher followed by the Pledge of Allegiance to the Flag.
Announcements
1. Atlantic Boulevard Greenscape Project
Mayor Fletcher stated the newly planted palm trees looked magnificent and
thanked those who participated in Saturday's planting. He also thanked the
Cities of Jacksonville, Neptune Beach and Atlantic Beach for their monetary
contributions which made the project possible.
2. Cultural Arts Board
Mayor Fletcher reported the Spring Art Exhibit scheduled to be held from
April 5 - 27, 1997 in the Commission Chambers had been moved to the
Blackboard Gallery in the Media Center at the Atlantic Beach Elementary
School. The exhibit will be open for viewing by the public from 1:00 - 4:00
p.m. on Saturdays and Sundays, and will feature the works of artists from Fleet
Landing. It was further reported that the premiere opening will be April 6,
1997 with refreshments and music provided by harpist Alice Pardee of the
Jacksonville Symphony.
3. Commissioner Reed's Resignation from the Commission
Mayor Fletcher stated he had received a letter of resignation from
Commissioner Reed to be effective April 15, 1997. In the letter, Commissioner
. Reed stated he had accepted a job promotion with his company and would be
relocating to Houston, Texas.
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March 24, 1997
Mayor Fletcher then stated that according to the City Charter, the vacated seat
must be filled within fifteen (15) days of the vacancy or by April 30, 1997.
Mayor Fletcher asked that eligible persons wishing to fill the vacated seat until
the next general election submit their name and qualifications to the City
Clerk's Office. The person will be elected by the affirmative vote of not less
than three Commission Members.
1 Approval of the minutes of the Regular Meeting held
March 10. 1997.
Motion: Approve minutes of the Regular Meeting held MESERVE X X
March 10, 1997 ROSENBLOOM X X
FLETCHER X
The motion carried unanimously.
Approval of the minutes of the Special Called Meeting held
March 17. 1997.
Motion: Approve minutes of the Special Called Meeting held MESERVE x x
ROSENBLOOM X X
March 17, 1997. FLETCHER X
The motion carried unanimously.
2 Recognition of Visitors:
A. Presentation of proclamation declaring the month of April as
Parliamentary Emphasis Month in Atlantic Beach
Mayor Fletcher read the Proclamation in its entirety and asked the members of
the First Coast Parliamentarians present come to the front of the room to be
recognized and receive the framed proclamation. While presenting the
proclamation to Harold Rymer, President of the organization, Mayor Fletcher
gave a brief history of use of parliamentary procedure beginning with the
Magna Carta and English Common Law to the present use of Roberts Rules of
Order by the Senate and House of Representatives .
Mr. Rymer thanked the Mayor and Commissioners for their support of the
organization.
At this point in the meeting, Agenda Item 5 A. was taken out of order and
acted upon.
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March 24, 1997
Resolution No. 97-9
A RESOLUTION HONORING LT. JARED SMITH FOR
TWENTY-FIVE YEARS OF SERVICE AS AN OUTSTANDING
POLICE LIEUTENANT FOR THE CITY AND CITIZENS OF
ATLANTIC BEACH, FLORIDA
Mayor Fletcher read the resolution honoring Lt. Jared Smith in its entirety.
Motion: Pass resolution No. 97-9 honoring Lt. Jared Smith for MESERVE X X
twenty five years of outstanding service to the City of Atlantic ROSENBLOOM X X
Beach. FLETCHER X
After reading and adoption of Resolution No. 97-9, Mayor Fletcher and City
Manager Jarboe presented the framed resolution, gun and badge to Lt. Smith,
and on behalf of the Commission and citizens of Atlantic Beach, thanked him
for his many years of dedicated service to the city.
The motion carried unanimously.
B. Andrea Pennell of Aquatic Gardens Subdivision-Beaches Aquatic
Pool Retention Pond
Ms. Pennell stated she had received a copy of the City Attorney's letter
concerning ownership of the retention pond property. Ms. Pennell expressed
concern the pond presented a health and safety hazard and asked for any help
the Commission could give the property owners until the matter is brought
before the Code Enforcement Board on April 29, 1997.
C. Cam Brown of 1570 Park Terrace West
Ms. Brown presented the Commission a petition containing more than 500
signatures requesting the Commission reconsider the Johansen Park drainage
options and leave the park in its present natural state.
3. Unfinished Business:
None.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building Department
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March 24, 1997
The consent agenda items were received and acknowledged as presented.
City Manager Jarboe reported the Building Department had been experiencing
a tremendous growth in the volume of building plans, having received twenty
sets of plans in one week to be reviewed and permits issued.
5. Action on Resolutions:
Item 5 A was acted on earlier in the meeting under Item 2 Recognition
of Visitors.
A. Resolution No. 97-9
A RESOLUTION HONORING LT. JARED SMITH FOR
TWENTY-FIVE YEARS OF SERVICE AS AN OUTSTANDING
POLICE LIEUTENANT FOR THE CITY AND CITIZENS OF
ATLANTIC BEACH, FLORIDA
B. Resolution No. 97-8
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
DECLARING A SPECIAL ASSESSMENT, AS REQUIRED BY
FLORIDA STATUTES, CHAPTER 170, FOR SEWER LINES TO
SERVE THE PROPERTY OWNERS BETWEEN 16TH AND
20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF
DEWEES AVENUE, SHELL STREET, COQUINA PLACE,
OCEAN BOULEVARD AND SEMINOLE ROAD, AND
PROVIDING AN EFFECTIVE DATE
Motion: Pass Resolution No. 97-8 declaring a special assessment as
required by Florida Statutes, Chapter 170, for sewer lines to serve MESERVE X X
property owners between 16th and 20th Streets on Beach Avenue, ROSENBLOOM X X
and on sections of Dewees Avenue, Shell Street, Coquina Place, FLETCHER X
Ocean Boulevard and Seminole Road.
Mayor Fletcher stated written notices of the public hearing would be mailed to
the affected property owners.
There was no discussion and the motion carried unanimously.
C. Resolution No. 97-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
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March 24, 1997
OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF THE
WATERFRONTS FLORIDA PROGRAM AND AUTHORIZING
CITY STAFF TO SUBMIT AN APPLICATION FOR FUNDING;
AND PROVIDING AN EFFECTIVE DATE
Motion: Pass Resolution No. 97-10 in support of the Waterfronts MESERVE X X
Florida Program and authorizing City Staff to submit an ROSENBLOOM X X
application for funding. FLETCHER X
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 75-97-12: Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO
AMEND CHAPTER 21, BY ADDING TO AND CHANGING
SEC. 21-22 TO PROHIBIT PARKING OF VEHICLES OVER
TEN THOUSAND (10,000) POUNDS GROSS WEIGHT IN
RESIDENTIAL ZONES, AND PARKING RESTRICTIONS IN
RESIDENTIAL AND COMMERCIAL AREAS UNLESS
PERMITTED BY THE CITY CODE
Motion: Adopt Ordinance 75-97-12 on final reading amending MESERVE X X
Chapter 21, by adding to and changing Sec. 21-22 to prohibit ROSENBLOOM X X
parking of vehicles over then thousand (10,000) pounds gross FLETCHER X
weight in residential zones and parking restrictions in residential
and commercial areas unless permitted by the City Code.
City Manager Jarboe recapped the following changes to the ordinance: (1) the
gross weight was changed from 18,000 to 10,000 pounds, (2) limit of four(4)
hours for loading or unloading unless otherwise authorized by the City Manager
or his designee, (3) prohibits parking of recreational vehicles and boats on city
rights-of-way and streets except for loading and unloading and limits the time
for same to four(4) hours, unless otherwise authorized by the City Manager or
his designee, and (4) sets fines of$50.00 for the first offense and $100.00 for
each subsequent offense.
Mayor Fletcher then opened the public hearing on the ordinance and the
following citizens expressed their concerns:
Debra Sheldon of 1845 Sea Oats Drive expressed concern for the four hour
time limit on service related vehicles since her husband operates a lawn care
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business and some jobs can take more than four hours.
City Manager Jarboe stated if the job was going to take more than four hours,
the City wants to be notified and he could call City Hall or after hours call the
Public Safety Department since they are open twenty-four hours a day.
James McCue of 660 Aquatic Drive stated he did not want tractors parking in
Aquatic Gardens Subdivision or in the Pic 'N Save parking lot.
City Manager Jarboe stated tractors were prohibited from parking in residential
areas and the owners of the Pic 'N Save property had posted the property for
"No Truck Parking" and contracted with Arlington Wrecker to remove an
violators. Mr. McCue was advised to contact Code Enforcement Official
Grunewald if anyone is parking a semi tractor in his neighborhood.
J.P. Marchioli of 414 Sherry Drive stated he had managed a moving company
and managing the four hour time limit would be difficult because of the
variables involved with each trip. He also stated he believed garbage trucks
posed a hazard to drivers on city streets.
City Manager Jarboe reiterated that there was not a four hour limit, but that the
city wanted to be notified if the loading or unloading would take more than four
hours.
Bill Hollis of 1793 Park Terrace East asked for clarification of city right-of-
way with regard to parking a recreational vehicle.
City Manager Jarboe stated the vehicle could be parked on the right-of-way for
purposes of loading or unloading, but if it was to be stored on the owner's
property, it must be parked behind the front yard building line , as required by
the city's zoning regulations.
Richard Moore of 9th Street stated he owns a truck and has parked it at the
Texaco Station for a number of years, and asked where he could park it under
the ordinance.
Mr. Moore was told the owner of the Texaco station could apply for a use-by-
exception to allow him to continue to park there. He was advised to meet with
Community Development Director Worley to discuss his particular situation.
Fred Kerber of 375 First Street took issue with the wording of the ordinance
which stated ... "unless otherwise authorized by the City Manager or his
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March 24, 1997
designee" because he felt "authorization" might not always be given and this
would limit what a person can do on private property.
There being no further comments, the Public Hearing was closed.
Commissioner Meserve stated he believed the City Manager should have the
authority to handle public safety issues and needed the power to enforce the
ordinance.
Commissioner Rosenbloom stated he believed the city needed an ordinance with
"teeth" in it or otherwise the city would have no mechanism of handling
complaints concerning large trucks parking in residential areas.
Mayor Fletcher stated that this was a private property issue and just because
you own property, it doesn't mean you can do what you want with the
property. The ordinance would balance the interests and keep the city's
residential nature.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 60-97-10: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 17, SIGNS AND ADVERTISING
STRUCTURES; PROVIDING FOR AMORTIZATION OF NON-
CONFORMING SIGNS; AND PROVIDING AN EFFECTIVE
DATE
Mayor Fletcher read the ordinance by title only.
MESERVE X X
Motion: Pass Ordinance 60-97-10 on first reading. ROSENBLOOM X X
FLETCHER X
Mayor Fletcher stated the final reading and public hearing for the ordinance
would take place at the April 14, 1997 Commission Meeting.
Commissioner Meserve stated he had a lot of questions concerning the
proposed sign ordinance and felt a workshop was needed. After a brief
discussion, it was the consensus of the Commission to hold a Workshop
Meeting at 6:15 p.m., immediately preceding the Regular Commission Meeting
on April 14, 1997, to discuss the proposed sign ordinance.
7. New Business:
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A. Award contract to McCall Service of Jacksonville for insect
control and fertilization of city lawns and landscaped areas, and
pest control for city buildings pursuant to the specifications of Bid
#9697-6
Motion: Award contract to McCall Service of Jacksonville for MESERVE X X
insect control and fertilization of city lawns and landscaped areas, ROSENBLOOM X X
FLETCHER X
and pest control for city buildings pursuant to the specifications of
Bid #9697-6.
There was no discussion and the motion carried unanimously.
B. Approve payment of Greenscape invoice in the amount of
$40,021.00
Kelly Elmore was present to answer any questions concerning payment of
$40,021 to Greenscape as the city's contribution to the Atlantic Boulevard
Highway Beautification Project.
Commissioner Meserve inquired as to the amount of money spent and to whom
payment would be made. Mr. Elmore stated Greenscape has an account set up
in the name of Atlantic Beach and the funds paid will be deposited to that
account. Commissioner Meserve inquired if the city would be responsible for
any liens which might be filed by the contractors for the work. Mr. Elmore
advised that if the situation arose, the liens would be filed against Greenscape,
not the City of Atlantic Beach.
Mr. Elmore also reported that the City of Neptune Beach had agreed to pay for
the curbing costs, and to date approximately $282,406 had been spent on the
project. Mr. Elmore stated the cost of water had been overestimated and he
did not anticipate any problems staying within budget.
Motion: Authorize a lump sum payment of$40,021.00 to MESERVE X
Greenscape. ROSENBLOOM X X
FLETCHER X X
There being no further questions or discussion, the motion carried unanimously.
C. Authorize additional design work(Task Order No. 6) in the
Buccaneer Wastewater Treatment Plant Expansion project
MESERVE X X
Motion: Authorize additional design work(Task Order No. 6) in ROSENBLOOM x x
the Buccaneer Wastewater Treatment Plant Expansion project. FLETCHER X
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There was no discussion and the motion carried unanimously.
D. Approve additional work in the amount of$2,000.00 in the Francis
Avenue Relocation project
Motion: Approve additional work in the amount of$2,000.00 for MESERVE X X
the Francis Avenue Relocation project. ROSENBLOOM X X
FLETCHER X
Commissioner Meserve inquired if this project was put out for bid and if a
performance bond was required.
City Manager Jarboe stated the bid process was waived and the best quote was
accepted so the project could proceed, and that no performance bond was
required. He further stated that the performance bonds had not been required
in the past, but should be required on all projects.
Commissioner Rosenbloom commented the city was putting money into this
particular development which would not be done for any other development of
this type, and now there was a cost overrun of$2,000.00 In conclusion, he
stated he could not vote for the request because the city should hold the line
somewhere.
Mayor Fletcher stated the project would correct an error of the past by putting
the road in the right-of-way and allowing the citizens better utilization of their
property.
There being no further discussion or comments, the motion carried by a two to
one vote with Commissioner Rosenbloom voting nay.
8. City Manager Reports and/or Correspondence:
A. Commendation - Karl Grunewald
City Manager Jarboe commended Code Enforcement Official Grunewald for
achieving the prestigious Level III certification in Code Enforcement held by
only seventeen people statewide. Mayor Fletcher and City Manager Jarboe
thanked Mr. Grunewald for his work.
B. Resolution No. 97-11 for Assistance Under the Florida Inland
Navigation District Waterways Assistance Program
City Manager Jarboe stated the deadline to submit the grant application was fast
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approaching and requested the Commission adopt Resolution 97-11 to meet
the April 1, 1997 application deadline.
Motion: Adopt Resolution No. 97-11 for Assistance under the MESERVE x x
ROSENBLOOM X X
Florida Inland Navigation District Waterways Assistance Program. 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 Attorney Jensen reported relative to the union negotiations performed by
Labor Attorney Michael Mattimore, and stated an agreement addendum would
be needed because his fees had exceeded the $2,500.00 maximum by
approximately $650.00 with one contract remaining to negotiate.
City Manager Jarboe stated he had spoken to Mr. Mattimore this afternoon and
• he had agreed to honor the original agreement in the amount of$2,500.00.
Commissioner Rosenbloom stated he was pleased with the negotiation process
this year and felt it was money well spent.
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:
ii) ?-1.tiziii4:..., I
Maureen King, CM
City Clerk