01-13-97,r~,
CITY OF ATLANTIC BEACH
COMMISSION MEETING -January 13, 1997
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regulaz Commission meeting of December 9, 1996
2. Recognifion 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 Boazd - 1
(To fill unexpired portion of term to expire September 30, 1998)
(iii) Cultural Arts Boazd - 1
(To fill unexpired portion of term to expire Apri130, 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 hirst Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 3, ALCOHOLIC BEVIiRAGES, 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 ]~inal Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
SECTION 2 OF THE CITY CHARTER BY ADOPTING A REVISED
DESCRIPTION OF THE MUNICD?AL CORPORATE BOUNDARIES;
PROVIDING AN EFFECTIVE DATE
D. Ordinance No. 90-96-163 -Public Hearing avid 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 PAP:CEL FROM RH, RESIDENTIAL
HIGH DENSITY, TO CG, COMMERCIAL: GENERAL; PROVIDING AN
EFFECTIVE DATE
7. New Business:
A. Public Heazing and action on an application for a Use by Exception, filed by Ron
Meazdy, 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
Chazities Bureau, Inc.
C. Action on request to relocate the Francis Avenue pavement
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 ofthe 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 26.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk.
X~
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD, AT 7:15 PM ON MONDAY, JANUARY 13, 1997
PRESENT: Lyman Fletcher, Mayor
John Meserve
Tim Reed
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
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 Cc+mmissioner
Shaughnessy, followed by the Pledge of Allegiance to the Flag.
,~ Aaproval of the minutes of the Regular Meeting held
December 9, 1996.
Motion: Approve minutes of the Regular Meeting held
December 9, 1996.
The motion carried unanimously.
Commissioner Rosenbloom entered the meeting at 7:17 FM.
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 apro-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 l+illing, a
rodent damaging equipment which caused an outage during football playoffs,
and new programming.
Commissioner Shaughnessy thanked Ms. Murphy for taking apro-ai~tive
approach to problem solving.
There were no public inquiries.
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Minutes Page -2-
,r•, January 13, 1997
B. J. P. MARCffiOLI OF 414 SHERRY DR1 VE
Mr. Mazchioli offered suggestions for pazk maintenance which included using a
leaf blower to remove leaves and litter, "NO LITTERING" signs wi h 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 pazk. 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 yeaz term
on the Pension Board.
Motion: Appoint Ed Martin to a two year term on the
Pension Board of Trustees.
There was no discussion and the motion carried unanimously.
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.
Motion: Appoint Tammy Deitchman to fill an unexpired term on
the Code Enforcement Board to expire on September 30, 1998.
There was no discussion and the motion carried unanimously.
CULTURAL ARTS BOARD
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SHAUGHNESSY X
FLETCHER X
Minutes Page -3-
~. January 13, 1997
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.
f""°^
Motion: Adopt Resolution No. 97-1.
Mayor Fletcher then presented the framed Resolution to Mr. Zeaiter and
on behalf of the Commission and citizens of Atlantic Beach thanked him
for his generous support for various city functions.
The motion tamed unanimously.
B. Resolution No. 97-2
RESOLUTION OF ESTEEM RECOGNIZING FIRST
NIGHT VOLUNTEERS
Mayor Fletcher read the Resolution in its entirety.
Motion: Adopt Resolution No. 97-2.
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 (ioodman,
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SHAUGHNESSY X X
FLETCHER R
Minutes Page -4-
~'°` January 13, 1997
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 farther 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,
FLORH)A, 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.
Motion: Pass Ordinance 10.97-20 on first reading.
Commissioner Meserve stated that for uniformity, the words "beer and
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 o:f the
ordinance to the Commissioners.
Amendment to motion: Change language of ordinance to
remove the word champagne and read beer and wine
throughout.
There was no further discussion, and the motion as amended passed
unanimously.
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MESERVE X
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SHAUGHNESSY X
FLETCHER X
Minutes Page -5-
'°"""` January 13, 1997
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 Sitreet 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.
Motion: Pass Ordinance 95-97- 24 on first reading.
Mayor Fletcher then stated the public hearing and final reading; of the
,^~ ordinance would take place January 27, 1997.
There were no fixrther 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
MUNICH'AL CORPORATE BOUNDARIES; PROVIDING
AN EFFECTIVE DATE
Motion: Adopt Ordinance No. 28-96-4 on final reading.
Mayor Fletcher read the ordinance by title only. He then opened the
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 14EACH
AMENDING THE FUTURE LAND USE MAP OF THE
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Minutes Page -6-
'""" ~ January 13, 1997
ADOPTED COMPREHENSIVE PLAN, CHANGING THE
HEREIN DESCRHiED PARCEL FROM RH,
RESH)ENTIAL HIGH DENSITY, TO CG, COMMERCIAL
GENERAL; PROVIDING AN EFFECTIVE DATE
Motion: Adopt Ordinance No. 90-96-163 on final reading.
Marcus Prom, owner of the subject properly, appeared before the
Comtission 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
fiurther stated commercial development was consistent with the
Comprehensive Plan, would reflect less density resulting in less traffic
for the azea 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.
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Commissioner Rosenbloom pointed out that the Community
Development Boazd had recommended denial of the request and
suggested no changes be made to the land use designation of fhe
property and inquired as to the reasoning behind this decision. City
Manager Jazboe stated he was not present at the meeting, butni the past,
maintaining the residential chazacter 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.
Motion: Defer action on Ordinance No. 90-96-163 until the
January 27, 1996 Commission Meeting.
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)
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°'"~ January 13, 1997
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 cornments
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 fmancing 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.
Motion: Approve Use by Exception filed by Ron Meardy to
operate an auto sales business located at 1400 Maypa,rt Road
on property zoned Commercial General (CG), as
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
agreement between the City of Atlantic Beach and Catholic
Charities Bureau, Inc. for administering the "Atlantic Beach
Cares" program.
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 3acksonville Electric Authority.
There was no discussion and the motion carried unanimously.
C. Action on request to relocate the Francis Avenue pavement
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FLETCHER X
Minutes Page -8-
'"'` Januarv 13, 1997
City Manager Jarboe informed the Commission that relocatin;; 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 $74,4x00.
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 Cify 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.
Comrissioner 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) ;md 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 Januan~ 27, 1997
Commission Meeting. Direct the City Manager to obtain a
survey of the property and have Staff and Mr. Morg:sn come
back with more accurate cost figures for the project, including
a written agreement with the Jacksonville Electric Authority
regarding relocation of the poles and information froim the St.
Johns River Water Management District concerning
permitting requirements and costs to move the road and the
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Minutes Page -9-
'"'~' January 13, 1997
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 AI 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 AI WatE°rs as the
city's insurance consultant to assist in the preparation and
review of RFP's for employee health insurance coverage.
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 lae 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 Febnzary 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 cona:rns with
the proposal.
Commissioner Shaughnessy requested the following items be placed on
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Minutes Page -10-
r^~ January 13, 1997
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 fundmg cycle was just beginning ~/ith the
Inland Narrigational 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.
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Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
Ma een King, C--A
City Clerk
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_ 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 Margan'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 wilt need about two weeks to obtain them.
c. Phil Nodine, Division Director
George Worley, City Planner
File: Francis Cove
William Morgan Architects
Architecture & Planrtirtg • 220 East Forsyth Street • Jacksonville, Florida 322023359 • Telephone 90b13fi6-6195 • Fax 90b1356-2808
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 partial{y lies west of the publir, 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
La7ti horthjasst•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 Danner 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.
President, Donner Community Development Cooporation
Lynn Drysdale, Esq.
Pat Williams
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