02-13-95 v ATLANTIC BEACH CITY COMMISSION
February 13, 1995
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular meeting of January 23,
1994 and Impasse Hearings on January 30, and February 6, 1995.
2. Recognition of Visitors
a. Louise White and Bennie Furlong with report relative to
a Health and Resource Center for Seniors and Handicapped
citizens located at 14444 Beach Boulevard
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.
3. Consent Agenda:
a. Acknowledge receipt of Code Enforcement activity report
for the month of January
b. Acknowledge receipt of Building Department activity
report for the month of January
c. Acknowledge receipt of Adele Grage Community Center usage
report for the month of January
d. Award contract to Florida Equipment Sales, Inc. for
removal and replacement of underground fuel storage tanks
in accordance with the specifications of Bid No. 9495-5
e. Acknowledge receipt of Fire Department monthly report for
the month of January
4. Committee/Board Reports:
a. Report from Recreation Advisory Board
5. Action of Resolutions:
a. Adoption of Resolution No. 95-8 recognizing Ruth Gregg
for her service on the Advisory Planning Board and
Community Development Board
b. Adoption of Resolution No. 95-9 recognizing Richard White
for his service on the Pension Board of Trustees
c. Adoption of Resolution No. 95-4 instructing staff to
research the possibility of enclosing a portion of
Johansen Park to be used as a dog run
Page Two AGENDA February 13, 1995.
6. Action of Ordinances:
a. Public hearing and final reading of Ordinance No. 25-95-
26 amending Chapter 6 of the City code to adopt the 1993
National Electrical Code
b. Introduction and First reading of ordinance No. 80-95-55,
amending ordinance No. 80-92-51 to clarify language and
correct conflicts; requiring deposits on all new utility
accounts
7. New Business:
a. Action on an application for a use by exception filed by
St. Vincent ' s Family Medical Care Center to construct and
operate a medical facility in the Atlantic Village
Shopping Center (Community Development Board recommends
approval )
b. Action on an appeal of the findings of the Tree
Conservation Board relative to Lot 20, Unit 3, filed by
James R. Griffiths
c. Authorize staff to negotiate a contract with Smith &
Gillespie Engineers, Inc. , for resident observation
services in the Atlantic Beach Wastewater Treatment Plant
Expansion project
8. City Manager Reports and/or Correspondence:
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 who wishes to speak to the City Commission on any matter
at this meeting should submit a request to the City Clerk prior to
the meeting. Forms are available at the entrance to the Commission
Chambers for your convenience.
REGULAR
MINUTES OF THE ISREGINItxMLIER MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD ON MONDAY, FEBRUARY 13, 1995 0 0
T T
PRESENT: J. Dezmond Waters, III, Mayor Pro Tem E E
Steven M. Rosenbloom D D
Suzanne Shaughnessy and
Robert G. Weiss, Commissioners
M S
ABSENT: Lyman T. Fletcher, Mayor (excused) 0 E
T C
AND: Kim D. Leinbach, City Manager I 0 Y
Alan C. Jensen, City Attorney NAME OF 0 N E N
Maureen Kin_ Cit Clerk COMMRS. N D S O
The meeting was called to order by Mayor Pro Tem Waters. The
invocation was followed by the pledge to the flag.
1. Approval of the minutes of the Regular meeting of
January 23, 1995, and Impasse Hearings on January 30, and ROSENBLOOM X X
February 6, 1995.
n1ATERS X
Motion: Approve minutes of the regular meeting of WEISS X X
January 23, 1995
No discussion before the vote. The motion carried
unanimously.
ROSENBLOOM X X
Motion: Approve minutes of the Impasse Hearing of WATERS X
January 30, 1995 WE I S S X X
Because the minutes were not included in the Commission agenda
packet it was decided to defer approval of the minutes until
the meeting of February 27, 1995.
•
Motion: Approve minutes of the Impasse Hearing of
February 6, 1995
No discussion before the vote. The motion carried
unanimously.
Commissioner Shaughnessy joined the meeting at 7:25 p. m.
2. Recognition of Visitors:
a. Louise White and Bennie Furlong with report relative to a
Health and Resource Center for Seniors and Handicapped
citizens located at 14444 Beach Boulevard
Louise White and Bennie Furlong reported the Health and
Resource Center was a new non-profit service for seniors and
the handicapped and their families. It was explained the
Center would be a central coordinating agency for the
Jacksonville area and was located at the Memorial HealthCare
Center, Beach Boulevard and San Pablo Road. It was reported
funding for the center was provided by a grant from the
Minutes, Page 2
February 13, 1995
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Jacksonville Community Foundation and a matching _rant from COMMRS. MSYN
--: - . - . i - on 'ging.
Stephen M. Bull, Attorney, indicated he resided in Orlando,
Florida, and represented the Orlando firms of Wharton-Smith,
Inc. and Adams-Robinson Construction. Mr. Bull explained it
was the desire of Wharton-Smith, Inc. and Adams-Robinson
Construction to bid on the expansion of the City's Wastewater
Treatment Plant but because of the city's requirement that
prequalified bidders must have maintained a local office
within 60 miles from Atlantic Beach for the past three years,
the firms were not able to bid. Mr. Bull indicated the firms
felt that companies that have done a good job on other
projects should be considered regardless of their location,
and thus they were protesting what they considered
geographical discrimination in prequalifying bidders.
Mr. Bull asked the Commission to delete the local office
requirement in a bid addendum. He indicated he thought the
city would probably issue an addendum to extend the bidding
deadline. He felt Orlando was not that far away, should a
problem occur in the future. He also felt the city would lose
an opportunity to save money by restricting bidders to local
companies.
Mike Dunham, representing Associated General Contractors,
indicated the Association was gravely concerned with the 60
mile, three year limit. He encouraged the city to open up the
project to encourage competition.
Alan Jensen, City Attorney, felt the requirement relative to
location did not discriminate. He indicated the State of
Georgia was not out of the 60 mile radius. He felt if the
city opened bidding up to the entire State of Florida it would
take staff six months to consider all of the bids. He
explained the matter of local preference had held up in the
courts.
Bob Kosoy, Public Works Director, explained the Commission
decided in September, 1993 to prequalify firms. He indicated
because the project was under a time constraint of one and
one-half years the city did not have the luxury to go through
the process of changing the specifications and starting the
bid process over, which would put the project about six weeks
behind its tight schedule. He indicated the city had major
problems getting follow-up and warranty work done by an
out-of-town company that built an expansion to the Buccaneer
sewer treatment plant. He indicated staff felt the local
qualification was a fair requirement for the project. He
explained the city had the same prequalification requirement
on the sanitation bid. He indicated staff would consider
removing the language in future bids but because of the
serious time constraint on the job under discussion it would
be a problem.
Minutes, Page 3
February 13, 1995
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It was explained that under the existing bid there were four
prequalified bidders.
Following discussion regarding whether or not to consider
changing prequalifying to allow additional prospective bidders
to qualify, Jim Jarboe, Deputy City Manager, explained if
bidding was to be opened up it would be necessary to start the
entire process over again.
Alan Jensen explained he had met with the City Manager, Deputy
City Manager, and Bob Kosoy, and it was their intention not to
change anything in the prequalification list. The only way
staff would change any requirements, he added, was if the
Commission directed them to change a particular requirement.
It was explained the Commission if it desired to consider
changing the prequalifications, would not be taking formal
action, but would be directing staff to consider changing the
prequalifications.
;OSENBLOOM X X
SHAUGHNESSY X X
Motion: Direct staff to consider changing prequalifying WATERS X
to allow additional prospective bidders to qualify $11.-]ISS X
A discussion ensued and whereas it was felt by some
commissioners that the matter of whether or not to open the
project up to additional bidders should be left up to staff
and the city attorney to resolve the issue, other
commissioners felt staff should be directed to consider
changing prequalifying to allow additional prospective bidders
to qualify.
The question was called and the vote resulted in 2-2. The
motion failed.
William McGee, 1831 Selva Marina Drive, inquired relative to
Donner Road. He felt the road should be of sufficient width
for two-way traffic since it would be carrying traffic in both
directions. He felt to restrict the width of road would leave
the city open to liability of creating substandard road.
3. Consent Agenda:
a. Acknowledge receipt of Code Enforcement activity report
for the month of January
b. Acknowledge receipt of Building Department activity
report for the month of January
c. Acknowledge receipt of Adele Grage Community Center usage
report for the month of January
d. Award contract to Florida Equipment Sales, Inc. for
removal and replacement of underground fuel storage tanks
in accordance with the specifications of Bid No. 9495-5
e. Acknowledge receipt of Fire Department monthly report for
the month of January
Minutes, Page 4
February 13, 1995
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Motion: Approve Consent Agenda ROSENBLOOM X X
SHAUGHNESSY X X
No discussion before the vote. The motion carried WATERS X
unanimously. WEISS X
4. Committee/Board Reports;
a. Report from Recreation Advisory Board
Cindy Corey summarized activities and future plans of the
Recreation Advisory Board. She indicated the recent charette
was successful. She indicated the concession stand
construction at Jack Russell park was about to commence, and a
meeting would be held between the Board and Michael Dunlap
relative to the Donner building site. She indicated the
composting class that was recently held was successful. She
reported the Athletic Association would like an additional
T-Ball field, and the Board was considering this proposal. A
discussion was held relative to the location of an additional
T-Ball field, and Ms. Corey was asked to have the Board make a
recommendation to the Commission.
5. Action of Resolutions:
a. Resolution No. 95-8 - A RESOLUTION RECOGNIZING RUTH GREGG
FOR HER SERVICE ON THE ADVISORY PLANNING BOARD AND COMMUNITY
DEVELOPMENT BOARD
Mayor Pro Tem Waters presented in full, in writing, Resolution
No. 95-8. ROSENBLOOM X
SHAUGHNESSY X X
Motion: Approve passage of Resolution No. 95-8 WATERS X
WEISS X X
No discussion before the vote. The motion carried
unanimously.
Mayor Pro Tem Waters presented the resolution in plaque form
to Ruth Gregg.
b. Resolution No. 95-9 - A RESOLUTION RECOGNIZING RICHARD
WHITE FOR HIS SERVICE ON THE PENSION BOARD OF TRUSTEES
Mayor Pro Tem Waters presented in full, in writing, Resolution
No. 95-9. ROSENBLOOM X X
SHAUGHNESSY X X
Motion: Approve passage of Resolution No. 95-9 WATERS X
WEISS X
No discussion before the vote. The motion carried
unanimously.
Mayor Pro Tem Waters presented the resolution in plaque form
to Richard White.
c. Resolution No. 95-4 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, ESTABLISHING A PROCEDURE FOR THE DESIGNATION
Minutes, Page 5
February 13, 1995
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r COMMRS. MSYN
AND USE OF A PORIION OF JOHANsEN PARK AS AN AREA DOGS MAY RUN
OFF LEASH, AND ADDING ENABLING LANGUAGE TO MUNICIPAL CODE
CHAPTER 4, ARTICLE II.
Mayor Pro Tem Waters presented in full, in writing, Resolution
No. 95-4. ROSENBLOOM
SHAUGHNESSY X
Motion: Approve passage of Resolution 95-4 WATERS
WEISS X
The following people spoke in opposition to the Resolution: F LETC HE R
Don Ames, 1614 Park Terrace West, Pat Ketteringham, 1661 Park
Terrace East, Janet Brown, 1662 Park Terrace East, and
Beatrice Langlois, 1626 Park Terrace West. It was felt the
proposed dog run would lower property values, that it was not
a prudent use of public property or tax dollars, and that
existing facilities should be enhanced for children, rather
than for dogs. It was felt the area was too populated to have
a dog run, and that the city might encounter liability in the
event someone was bitten by a dog. Stan Jones, 2066 Beach
Avenue, felt the city needed more enforcement of its existing
animal laws. A petition opposing the placing of a dug run in
Johansen Park was presented to the Commission (attached hereto
and made a part hereof) .
Commissioner Weiss explained that he had visited Austin, Texas
recently and that while there he had visited a dog run which
consisted of a fenced area of approximately one and one/half
acres. Approximately 30 dogs utilized the run with relatively
no problems. He explained there were 11 dog parks in Austin
and that the program had been in effect since 1972. He
explained the parks had equipment available so that dog owners
would be able to dispose of dog droppings. He indicated the
purpose of the proposed resolution was to have staff study the
matter.
Commissioner Rosenbloom indicated he would like to see the
matter considered further. He felt owners should be
responsible for the behavior of their dogs. A discussion
ensued relative to Johansen Park and it was felt that fencing
might violate the integrity of the park. Commissioner
Shaughnessy indicated she had received six calls from
residents opposed to the location of the proposed dog run, and
she indicated perhaps an alternate site could be entertained.
She felt the proposed dog run was a good idea, especially for
large dogs which received great benefit from exercise. She
suggested that perhaps specific hours could be set aside for
the exercise of dogs; perhaps two hours in the morning and two
hours in the afternoon. She reminded everyone that the
proposed resolution was in effort to have staff study the
matter and report their findings to the Commission. She
suggested incorporating the intent of discussion that had
occurred thus far into the proposed resolution.
ROSENBLOOM
Motion: Change language by removing every reference to SHAUGHNESSY X
WATERS
WEISS X
Minutes, Page 6
February 13, 1995
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oi .nsen 'ar , c ange ec ion o read as tollows:
"Section 2. Upon completion of research staff is
directed to report their findings to the Commission."
Under discussion, it was felt the matter could be better
discussed at a future workshop session. Commissioner
Shaughnessy withdrew her motion and Commissioner Weiss
withdrew his second to the motion. Commissioner Weiss
withdrew the resolution from the agenda.
Kim Leinbach, City Manager, explained to the audience that the
resolution was withdrawn from the agenda and that any
discussions from workshop sessions could not result in binding
resolutions. Residents who were interested in attending the
workshop pertaining to the proposed dog runs were asked to
give their names to the City Clerk who was asked to notify
them when the workshop would be scheduled.
It was decided to have a workshop session on Monday, March 6,
1995 at which time Department Heads would have an opportunity
to speak to their goals and betterments, and to have a Goal
Setting session on Saturday, February 18, 1995.
6. Action on Ordinances:
a. Ordinance No. 25-95-26 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
SECTION 6-31 OF THE CODE OF ORDINANCES, TO ADOPT THE NATIONAL
ELECTRICAL CODE, 1993 EDITION, AND PROVIDING AN EFFECTIVE DATE
Mayor Pro Tem Waters presented, in full, in writing, Ordinance
No. 25-95-26, said ordinance having been posted in accordance
with Charter requirements. He opened the floor for a public
hearing and invited comments from the audience. Since no one
wished to speak the Mayor Pro Tem closed the public hearing.
ROSENBLOOM X X
Motion: Approve passage of ordinance No. 25-95-26 SHAUGHNESSY X X
WATERS X
No discussion before the vote. The motion carried WEISS X
unanimously.
b. Ordinance No. 80-95-55 - First Reading
Mayor Pro Tem Waters presented in full, in writing Ordinance
No. 80-95-55.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
ORDINANCE NO. 80-95-55 TO CLARIFY LANGUAGE AND CORRECT
CONFLICTS; ADDING A NEW SECTION 22-27.1 TO REQUIRE PAYMENT OF
A DEPOSITS ON ALL NEW UTILITY ACCOUNTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE. ROSENBLOOM X X
SHAUGHNESSY X X
Motion: Approve passage of Ordinance No. 80-95-55 on WATERS X
WEISS X
Minutes, Page 7
February 13, 1995
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fiLsi Leading and set puhlIc hearing for February 27,
1995
No discussion before the vote. The motion carried
unanimously.
7. New Business:
a. Action on an application for a use by exception filed by
St. Vincent's Family medical Care Center to construct and
operate a medical facility in the Atlantic Village
Shopping Center
George Worley, City Planner, indicated it was the desire of
St. Vincents Family medical Care Center to construct an
addition to the Atlantic Village Shopping Center and to
operate a medical clinic in the addition. Mr. Worley
introduced Bill Lee, Real Estate Manager. It was explained
the CG, Commercial General, zoning district listed medical
clinics as a permitted Use-by-Exception. The proposed
addition for the clinic would be constructed in the northwest
corner of the existing shopping center. The existing parking
for the shopping center exceeded the required parking spaces.
Mayor Pro Tem Waters opened the floor for a public hearing and
invited comments from the audience. Since no one wished to
speak the Mayor closed the public hearing.
Under discussion it was explained parking in the parking lot
was of a greater amount than needed for the existing stores.
ROSENBLOOMX X
Motion: Accept recommendation of the SHAUGHNESSY X X
Community Development Board to approve Use-by-Exception WATERS X
for St. Vincents Family Medical Care Center to WEISS X
construction an addition to the Atlantic Village Shopping
Center and to operate a medical clinic in the addition
The question was called and the motion carried unanimously.
b. Action on an appeal of the findings of the Tree
Conservation Board relative to lot 20, unit 3, filed by
James R. Griffiths
George Worley, City Planner, indicated James Griffiths applied
to the Tree Conservation Board for tree removal permission in
anticipation of the construction of a new house on lot 20,
unit 3, Oceanwalk Subdivision. He explained the Tree
Conservation Board reviewed and approved the proposed tree
removals subject to mitigation in the form of tree replacement
on the site, and that Mr. Griffiths was appealing the
mitigation requirement.
James Griffiths, owner of the property, and Daivid Willis,
Contractor, appeared before the Commission. Mr. Griffiths
referred to his letter to the City Commission dated January
February 13, 1995
Minutes, Page 8
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25, 1995, (attached hereto and made a part hereof) . He COMMRS. MS Y N
explained it was his opinion the lot did not nerd additional
trees. He indicated he could not find language in the city's
ordinance indicating the Tree Board had authority to require
mitigation. He explained he was only removing trees where
the house would be built, and he indicated he was appealing
the decision of the Tree Board to require this mitigation.
David Willis, Contractor, explained the trees under discussion
contained several large specimens of hard oak trees and some
were decayed. He explained the lot under discussion had
tremendous tree canopy, and that the owner would be hard
pressed to find a spot to plant additional trees. He
indicated in his opinion the lot was a jungle, and that there
was no room to plant 12 trees on the lot which is what the
Tree Board required.
Alan Jensen, City Attorney, explained the Tree Board did not
have authority to require this mitigation. ROSENBLOOM X
Motion: Forego mitigation on lot 20, Unit 3, Oceanwalk SHAUGHNESSY X X
subdivision WATERS X
WEISS X X
Under discussion, Commissioner Rosenbloom questioned the need
to have a Tree Board if the Commission was not going to
enforce its recommendations.
Mr. Griffiths indicated he purchased the lot before the Tree
Board was in existence. He indicated there were some lots in
the subdivision that had no trees. He explained some trees
had to be removed to allow placement of the house. He felt
the requirement to have 12 trees placed on the lot was not a
fair recommendation.
A discussion ensued relative to the existing ordinance. When
Mr. Willis was asked what he felt would be a fair mitigation
he replied that he felt no trees should have to be replaced.
Alan Jensen explained a solution was worked out with the Tree
Board and at that point in time the Tree Board imposed
mitigation which they had no power to impose. He explained
that by upholding the board's decision the commission would
reverse an earlier precedent.
The question was called and roll call resulted in 2-2 with
Commissioner Rosenbloom and Mayor Pro Tem Waters voting nay.
The motion failed.
It was explained by Alan Jensen that the matter could be
brought back to the commission for reconsideration.
c. Authorize staff to negotiate a contract with Smith &
Gillespie Engineers, Inc., for resident observation
services in the Atlantic Beach Wastewater Treatment Plant
Minutes, Page 9
February 13, 1995
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Expansion project
Bob Kosoy explained in response to a Request for proposal for
Resident Observation for the Wastewater Treatment Plant
Expansion responses from three engineering firms were
received, and it was recommended approval be given for a
contract with Smith & Gillespie Engineers, Inc. It was
explained services should not exceed $9,000 per month for
construction engineering and inspection, or $162,000 for the
duration of the contract. Mr. Kosoy explained the cost
represented less than four percent of the total proposed
construction cost of the project and would be funded by monies
from the Barnett Bank loan.
William McGee, 1833 Selva marine Drive, inquired regarding the
engineer having the authority to make changes. He felt this
authority should rest with the City. Bob Kosoy agreed to meet
with Mr. McGee concerning this matter.
It was explained the purpose of the Resident Observer was to
make sure things were being done according to plan so that the
city would get quality work, and that it was a normal
procedure.
ROSENBLOOM X X
Motion: Authorize staff to negotiate a contract with SHAUGHNESSY X
Smith & Gillespie Engineers, Inc. in accordance with WATERS X
Florida Statue 287.055. Services should not exceed WEISS X X
$9,000 per month for construction engineering and
inspection, or $162,000 for the duration of the contract.
When questioned concerning the amount of liability that was
available in the event there was a mistake under the the eye
of the Resident Observer it was explained Smith & Gillespie
was liable in the amount of $1,000,000.
The question was called and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
Kim Leinbach reported he would speak later in the evening
regarding the agenda for the Goal Setting Session to be held
March 18, 1995.
9. Reports and/or requests from City Commissioners, City
Attorney and City Clerk:
Commissioner Weiss felt the Commission should try to better
understand their ordinances.
Commissioner Shaughnessy commended Commissioner Weiss for
bringing up the proposed resolution relative to a dog run.
She indicated although he did not have a dog, he felt the idea
would be a good one for those who owned dogs. She indicated
the Code Enforcement Review Committee would hold its first
meeting in two weeks and that the chairman would contract
Minutes, Page 10
February 13, 1995
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m m s.
Commissioner Rosenbloom urged Commissioners to work together
more effectively. He felt too much time was spent on matters
without having discussed them in a workshop setting to see if
there was support. He indicated he felt the commission owed
it to the integrity of the process to work together as a team.
Alan Jensen indicated he had received a preliminary appraisal
report on the Richardson property.
Suzanne Shaughnessy left the meeting at 10: 18 p. m.
Alan Jensen advised the commission that the ordinance of the
Tree Board clearly did not allow mitigation. He strongly
suggested that the commission bring this matter up at the next
meeting to correct what was previously voted on.
Alan Jensen suggested the Commission enroll in a Center for
Local Government of the University of North Florida
class. He explained the purpose of the class was to review the
responsibility of City Commission and City Manager type of
government. He indicated the State Attorney's office
conducted classes regarding the Sunshine law, and he also felt
this would be beneficial to the Commission. He indicated
items had been placed on the agenda without giving him time to
review them, and he felt the correct process was not being
followed. When a commissioner would like to have a resolution
placed on the agenda, he explained, it was necessary to follow
the proper channels.
Kim Leinbach suggested having team sessions and goal setting
sessions.
Mayor Pro Tem Waters felt previous commissions had successful
goal setting sessions. He felt the sessions gave the
Commission direction. He suggested having a Strategy Session
with Department Heads on March 6, 1995, and having a Goal
Setting Session on March 18, 1995. The purpose of the
sessions, he indicated, would be to resolve issues and
determine future goals.
ROSENBLOOM X
Motion: Set aside Monday, March 6, 1995 for a Strategy NATE RS X X
Session with Department Heads, and Saturday, March 18, NE ISS X X
1995 for a Goal Setting Session
The question was called and the motion carried unanimously.
Kim Leinbach explained the Goal Settings Session would be a
concise session and that he would
prepare the agenda.
There being no further business Mayor Pro Tem Waters adjourned
the meeting at 10:30 p. m.
Minutes, Page 11
•
February 13, 1995
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J. ,EZMOND WATERS, III
/ MAYOR PRO TEM/PRESIDING OFFICER
ATTEST:
NMA EEN KING
CIT CLERK
We wish to go on record opposing the placing of a dog run in ,�'Xi
Johansen Park in Selva Marina at Atlantic Beach. '� j`,S
cett
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James R. Griffiths
2055 Woodleigh Drive West, Jacksonville, Florida 32211 904/3964084 (0) 904/725-3503 (H)
January 25, 1995
Ms. Maureen King
City Commission
City of Atlantic Beach
850 Seminole Road
Atlantic Beach, Florida 32233
Re: Lot 20, Unit 3, Oceanwalk
Dear Ms. King:
This is to advise you that we wish to appeal the findings of the Atlantic
Beach Tree Board during its meeting on January 17, 1995. Our builder, David
Willis, presented our plans to the Board. After discussion, the Board
accepted our plan which showed the siting of the home and the necessary
removal of certain trees. The Board, however, required that we plant 251
inches of new trees on the property at a cost of over $2,000.
Our appeal is based on our belief that the planting of additional trees on our
property is not necessary or appropriate because of the cover that will remain
from existing trees after construction of our home.
We believe that we will have more tree cover than most lots within Oceanwalk
so that a requirement to plan even more trees results in an unfair financial
burden to us.
We also question whether new trees will thrive under the existing canopy and
how the introduction of even more shade will affect our ability to grow and
maintain shrubs and sod.
We would like to have a landscaped lot that is in harmony with the natural
beauty of Oceanwalk. We do not believe the arbitrary addition of more trees
accomplishes this goal.
We purchased our lot in 1987, in part because we liked its beautiful trees.
We were not aware that, in the future when we would proceed with building our
home, that a tree board would impose a requirement for additional trees.
Should the current mitigation practices apply to a lot purchased in 1987 or
should a grandfathering approach be used?
We look forward to discussing these issues with you at the next Commission
meeting.
Si erely,
(;
.....)11,)k '-i ii ,
amen R. Griffit `-�"
/A
CC: David Willis Custom Homes
Itv of Atlantic Beach, Florida