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11-27-95 v 111, CITY OF ATLANTIC BEACH November 27, 1995 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Meeting of November 13, 1995 2. Recognition of Visitors: 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 Public Works Status Report (Bob Kosoy) B. Acknowledge receipt of Fire Department report for October 1995 (Chief Ruley) C. Acknowledge receipt of Parks and Recreation Report (Timmy Johnson) 4. Action on Resolutions: A. Adoption of Resolution No. 95-43 authorizing acquisition of easements and exchange of property with the Sea Turtle Inn and Restaurant (George Worley) B. Adoption of Resolution No. 95-44 authorizing the Donner Community Development Corporation to act as the city's agent in the administration of the Community Development Block Grant program (Comm. Shaughnessy) 5. Action on Ordinances: A. Ordinance No. 35-95-10: (I) Presentation by Financial Advisors relative to bids received for refinancing outstanding city hall loan; (ii) Award bid for lease/purchase of vehicles, equipment and 800 MHZ radio system (iii) Public hearing and final reading of Ordinance No. 35-95-10 providing for the • re-financing of a balloon payment on the outstanding City Hall loan B. Introduction and first reading of Ordinance No. 95-95-64 amending Chapter 23, Vegetation, Amending Article II, Tree Protection Page 2 AGENDA November 27, 1995 C. Introduction and first reading of Ordinance No. 95-95-65, amending Chapter 24, Zoning and Subdivision Regulations, establishing landscape requirements 6. New Business: A. Authorize execution of contract between the City and Atlantic Beach Experimental Theater(ABET) (Timmy Johnson) B. Authorize execution of contract between the City and Atlantic Beach Athletic Association (Timmy Johnson) C. Authorize execution of contract between the city and Beaches Habitat (Timmy Johnson) D. Authorize execution of contract between the city and YMCA(Timmy Johnson) E. Ratify contract between the City of Atlantic Beach and Professional Fire Fighters of Jacksonville Beach, Local 2622 (Jim Jarboe) F. Accept bid of Beach Construction Company, Inc., for Water Treatment Plant No. 3 Improvements and Third Well at Assisi Lane, pursuant to the specifications of Bid No. 9495-16 (Bob Kosoy) G. Authorize execution of proposal from Gee& Jenson Engineers-Architects- Planners, Inc., for Public Safety Building Remodeling and Addition (Chief Ruley) • H. Appointments to Cultural Arts Board (2) and Tree Conservation Board (1) I. Approve Change Order No. 1 in the Atlantic Beach Wastewater Treatment Plant Expansion Project in the increased amount of$11,967.69 (Bob Kosoy) J. Action on the recommendation of Pallans Associates to upgrade the city's communications equipment to 800 MHZ (Chief Thompson) • 7. City Manager Reports and/or Correspondence: 8. 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. S v MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 27, 1995 V V O O PRESENT: Lyman T. Fletcher, Mayor T T John Meserve E E Tim Reed D D Steve Rosenbloom Suzanne Shaughnessy, Commissioners M S O E AND: Jim Jarboe, Acting City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ON E N COMMRS. ND SO The meeting was called to order by Mayor Fletcher. The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the Regular Commission Meeting of November 13. 1995 MESERVE X X REED X X Motion: Approve minutes of the regular meeting of ROSENBLOOM X SHAUG November 13, 1995 LETC FHNESSY X LETCHER X The question was called and the motion carried unanimously. Mayor Fletcher announced agenda items 6A, D, G, and H would be withdrawn from agenda at the request of staff 2. Recognition of Visitors: • Alan Potter, 374 Second Street, referred to the costs related to the bond issue. He summarized the various expenses that he felt would be incurred by the city . David Kasdin, First Union Representative, explained the actual costs that would be incurred. Ann Meuse, Finance Director, explained all costs would be listed in the closing Resolution. Terry Holt, 724 East Coast Drive #4, reported while in the area of Bull Park he had been bitten by a dog belonging to Billie Arzie. He indicated he understood Mr. Arzie owned two dogs, and that this was the third time one of his dogs had bitten a citizen. He indicated he was concerned regarding the safety of children who visited the park and he requested better enforcement of animal control. David Thompson, Chief of Police, advised the Police Department was aware of the problem and efforts were being conducted to follow state law to address the problem. Chief Thompson advised Mr. Holt that he would keep him apprised of the situation. 3. Consent Agenda: A. Acknowledge receipt of Public Works Report Minutes, Page 2 November 27, 1995 v v NAME OF COMMRS. MSY N B. Acknowledge receipt of Fire Department report for October 1995 C. Acknowledge receipt of Parks and Recreation Report Commissioner Shaughnessy requested that Consent Agenda Item A be withdrawn from the Consent Agenda. A. Acknowledge receipt of Public Works Report Commissioner Shaughnessy inquired regarding the schedule for spraying ditches, to which Bob Kosoy, Public Works Director, explained there was a problem with duck weed and spraying had to be done on several occasions. The Commission accepted and approved the Consent Agenda. 4. Action on Resolutions: A. Resolution No. 95-43 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, AND MAYOR TO TAKE NECESSARY ACTION TO SECURE THE EXCHANGE OF PROPERTY AND ACQUISITION OF EASEMENTS FROM THE SEA TURTLE INN. Mayor Fletcher presented in full, in writing, Resolution No. 95-43. George Worley, City Planner, advised Mr. Adeeb, owner of the Sea Turtle Inn was requesting the city to exchange a tract of land under his ownership for a small portion of the street end right-of-way of Ahern Street. Mr. Worley indicated the tract of land which Mr. Adeeb proposed to give to the city contained the west half of the pavement of Beach Avenue between Ahern Street and First Street. The property Mr. Adeeb requested in exchange was a portion of the right-of-way of Ahern Street which was adjacent to his fenced dumpster enclosure. Mr. Worley indicated both parcels were indicated on maps (attached hereto and made a part hereof- Exhibit A). MESERVE X X REED X Motion: Approve passage of Resolution No. 95-4 3 as ROSENBLOOM X recommended by staff(memorandum dated November SHAUGHNESSY X X 20, 1995 attached hereto and made a part hereof- FLETCHER X Exhibit A) During discussion, it was determined the handicapped access located at the eastern end of Ahern Street would not be impacted by the exchange of Minutes, Page 3 • • November 27, 1995 v v NAME OF COMMRS. MS Y N The question was called and the motion carried unanimously. B. Resolution No. 95-44 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE DONNER COMMUNITY DEVELOPMENT CORPORATION TO ACT AS THE CITY'S AGENT IN THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; SETTING OUT THE AREAS OF RESPONSIBILITY OF THE CITY AND OF THE DCDC Mayor Fletcher presented in full, in writing, Resolution No. 95-44. ME SERVE X REED X X Motion: Approve passage of Resolution 95-44 ROSENBLOOM X SHAUGHNESSY X X George Worley explained the Donner Community Development Corporation FLETCHER X (DCDC) would oversee all expenditures and projects using CDBG Funds, and that they would adhere to all guidelines requested by the City of Atlantic Beach to ensure the funds were expended and managed appropriately. Sharette Simpkins, representing the DCDC, indicated the funds were allocated for the Donner area and she felt it would be a benefit to the DCDC in acquiring future funds. The question was called and the motion carried unanimously. 5. Action on Ordinances: A. Ordinance No. 35-95-10 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING FOR THE REFINANCING OF A BALLOON PAYMENT ON THE OUTSTANDING CITY HALL LOAN TO THE FIRST MUNICIPAL LOAN COUNCIL AND FINANCING CERTAIN CAPITAL PROJECTS WITHIN THE CITY; AUTHORIZING THE BORROWING OF NOT EXCEEDING $1,200,000 FOR THAT PURPOSE; AUTHORIZING THE DELIVERY OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING$1,200,000 TO EVIDENCE THE OBLIGATION OF THE CITY TO REPAY SAME; FIXING THE FORM, DATE, MATURITY, AND INTEREST RATE WITH RESPECT TO SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF SUCH NOTE; AND PROVIDING AN EFFECTIVE DATE. • Minutes, Page 4 November 27, 1995 v v NAME OF COMMRS. MS Y N Mayor Fletcher presented in full, in writing, Ordinance No. 35-95-10, said ordinance having been posted in accordance with Charter requirements. The Mayor 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. MESERVE X X REED X Motion: Adopt Ordinance No. 35-95-10 on its final ROSENBLOOM X X reading SHAUGHNESSY X FLETCHER X During discussion the following matters were explained: . . . that it would be possible for the City to earn limited arbitrage. . .that there would be no penalty for the loan to be paid back if projects were not undertaken. . . .that the loan was for general government improvements and the city was not bound by the items listed. Following brief discussion the question was called and the motion carried unanimously. B. Ordinance No. 95-95-64 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II, TREE PROTECTION; DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-64. MESERVE X X Motion: Approve passage of Ordinance No. 95-95-64 on REED X its first reading and set public hearing for December 11, ROSENBLOOM X X 1995 SHAUGHNESSY X FLETCHER X Following a brief discussion the question was called and the vote resulted in 4-1 with Commissioner Reed voting nay. The motion carried. C. Ordinance No. 95-95-65 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ARTICLE III, ESTABLISHING Minutes, Page 5 November 27, 1995 v v NAME OF COMMRS. MS Y N LANDSCAPE REQUIREMENTS; DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-65. ME SERVE X X Motion: Approve passage of Ordinance No. 95-95-65 on REED X its first reading and set public hearing for December 11, ROSENBLOOM X 1995 SHAUGHNESSY X X FLETCHER X Following brief discussion the question was called and the motion carried unanimously. 6. New Business: A. Authorize execution of contract between the City and Atlantic Beach Experimental Theater(ABET) (this was withdrawn from the agenda) B. Authorize execution of contract between the City and Atlantic Beach Athletic Association Timmy Johnson, Recreation Director, explained The Recreation Advisory Board and staff reviewed the contract and unanimously recommended the Commission offer ABAA a new Contract with the condition that Staff monitor and make sure the contract holder abides by the terms and obligations of the contract. ME SERVE X REED X Motion: Approve execution of contract between the City ROSENBLOOM X X and Atlantic Beach Athletic Association SHAUGHNESSY X X FLETCHER X When asked if the ABAA had furnished the city a financial statement, Woody Richardson, representing ABAA, advised the Association would be happy to provide a financial statement to the City. The question was called and the motion carried unanimously. C. Authorize execution of contract between the city and Beaches Habitat Timmy Johnson advised the Recreation Advisory and staff reviewed the contract and unanimously recommended that the Commission offer Beaches Habitat a new contract. Minutes, Page 6 November 27, 1995 v V NAME OF COMMRS. MS Y N MESERVE X X REED X X Motion: Approve execution of contract between the City ROSENBLOOM X SHAUGH and Beaches Habitat LETCH FNESSY x FLETCHER X Following brief discussion the question was called and the motion carried unanimously. D. Authorize execution of contract between the city and YMCA (this was removed from the agenda) E. Ratify contract between the City of Atlantic Beach and Professional Fire Fighters of Jacksonville Beach, Local 2622 MESERVE REED Motion: Ratify contract between the City of Atlantic ROSENBLOOM Beach and Professional Fire Fighters of Jacksonville SHAUGHNESSY X Beach, Local 2622 FLETCHER X Commissioner Shaughnessy explained this was a three year contract with no openers. She indicated the contract was generous because the Fire Department salaries had lagged behind neighboring communities. She felt the Firefighters were hard working and had an excellent record for responding to emergencies in the Community. It was felt by some Commissioners that action on the matter should be deferred because of the following reasons: . . . the Commission had not had an opportunity to discuss the contract. . . . the contract had not been typed in its final form and was diffucult to understand. . . . contracts for Police and general employees should also be reviewed for equity. . . .new commissioners reminded everyone that they had not had an opportunity to review the contract or to provide input. Mayor Fletcher felt it was favorable for the city to have a three year contract with no openers. He also felt it was time to recognize the contributions of the firefighters. Minutes, Page 7 November 27, 1995 v V NAME OF COMMRS. MS Y N MESERVE X X Substitute Motion: Defer action on ratification of REED X X contract between the City of Atlantic Beach and ROSENBLOOM X Professional Fire Fighters of Jacksonville Beach, Local SHAUGHNESSY X 2622 until the meeting of December 11, 1995 FLETCHER X Under discussion, it was felt by some Commissioners that this was an extremely important decision and should be deffered. New members felt they needed more information as well as time to discuss the contract . Commissioner Shaughnessy explained the contract was part of the agenda packet and thus was public record. She suggested discussing the contract and taking action, and she reminded everyone that the contract should have been in place October 1, 1995. The question was called on the motion to defer action until the meeting of December 11, 1995 and the vote resulted in 4-1 with Mayor Fletcher voting nay. The motion carried. F. Accept bid of Beach Construction Company, Inc., for Water Treatment Plant No. 3 Improvements and Third Well at Assisi Lane, pursuant to the specifications of Bid No. 9495-16 Jim Jarboe, Deputy City Manager, explained the bid opening for this project was scheduled originally for July 27, 1995. Only two contractors were prequalified and one of the contractors advised the City on July 26, 1995 that their firm would not be bidding on the project. Therefore, the bid opening was canceled and the staff met with the design engineer to rework the bid package. The bid package was reworked and five contractors were prequalified, with bids being opened on October 19, 1995. When the improvements were initially proposed several years ago, it was estimated Water Treatment Plant Improvements would cost $600,000 and the third well at the plant would cost $68,400. Additional items were required by the Florida Department of Environmental Protection, however, and these added an additional cost of$26,000 to the project. Mr. Jarboe indicated staff was recommending that the Commission approve the low bid of$680,000 for Water Treatment Plant No. 3 Improvement Project which included the construction of the third well at Assisi Lane. Minutes, Page 8 November 27, 1995 V V NAME OF COMMRS. MS Y N MESERVE X X Motion: Approve the low bid of$680,000 for Water REED X X Treatment Plant No. 3 Improvement Project which ROSENBLOOM X included the construction of the third well at Assisi Lane SHAUGHNESSY X FLETCHER X Following discussion, the question was called and the motion carried unanimously. H. Appointments to Cultural Arts Board (2) and Tree Conservation Board (1) ( this was withdrawn from the agenda) I. Approve Change Order No. 1 in the Atlantic Beach Wastewater Treatment Plant Expansion Project in the increased amount of$11,967.69 Bob Kosoy explained since the beginning of the $4,003,739 construction project there had been two minor deletions and one minor addition to the scope of work. These items resulted in a net credit to the City of$1,010.35. Mr. Kosoy indicated staff was requesting a price from the Contractor to connect the existing discharge piping at the South static screen to the West discharge line at the existing grit chamber. The price submitted for this work was $12,978.04, and it was explained the installation of this 14" diameter piping would provide the relief during flooding conditions. MESERVE X X Motion: Accept Change Order Number 1 for Net REED X Increase to Contract of$11,967.69 to the Atlantic Beach ROSENBLOOM X X Wastewater Treatment Plant Expansion Project SHAUGHNESSY X FLETCHER X Following brief discussion the question was called and the motion carried unanimously. J. Action on the recommendation of Pallans Associates to upgrade the city's communications equipment to 800 MHZ David Thompson, Police Chief, explained the City of Atlantic Beach was experiencing problems in terms of communications for its various departments and a comprehensive approach was needed to assess the existing system and plan for the future. Due to the many changes in field of communications and the technical expertise necessary for determining the Minutes, Page 9 • November 27, 1995 v V NAME OF COMMRS. MS Y N -- - - • •- • ---- --- ----•-- - authorizing Pallans and Associates to upgrade the communications for all City departments. Motion: Authorize upgrading all City communications MESERVE X equipment to 800 MHZ, requiring coordination with REED X ROSENBLOOM X X Jacksonville; pricing on the radios covered through an SHAUGHNESSY X X existing bid in Clay County in accordance with Pallans FLETCHER X Associates Following brief discussion the question was called and the motion carried unanimously. 7. City Manager Reports and/or Correspondence: Jim Jarboe explained the south pump at B Lift Station developed problems and had to be replaced. A faxed quote had been received from Gruhn May for $5,584, and two other quotes had been received for $6,500. Mr. Jarboe explained staff had requested another quote but would not receive it until November 28, 1995. He asked the Commission to authorize this expenditure. MESERVE X X REED X Motion: Authorize city staff to accept the best quote for ROSENBLOOM X X emergency replacement of pump at B Lift Station SHAUGHNESSY X FLETCHER X Following a brief discussion the question was called and the motion carried unanimously. Mr. Jarboe announced from now on staff meetings would be held the Tuesday following every Commission meeting, and the purpose would be to discuss direction and action from Commission meetings. Commissioner Meserve asked that a Shade Meeting be set for the purpose of discussing the contract between the City of Atlantic Beach and Professional Fire Fighters of Jacksonville Beach, Local 2622, and Mayor Fletcher asked City Clerk Maureen King to arrange a meeting. Mayor Fletcher announced there would be a Tree Lighting ceremony December 7, 1995 at Jack Russell Park Minutes, Page 10 November 27, 1995 V V NAME OF COMMRS. MS Y N There being no further business the Mayor adjourned the meeting at 9:05 p. m. mac_ L ;•an T. Fletcher Mayor/Presiding Officer ATTEST: I % A - .t Ma King City Clerk • • h. b�t- H I1J27/95 MinifeS STAFF REPORT AGENDA ITEM: Property exchange with Sea Turtle Inn SUBMITTED BY: George Worley II, Community Development Director 1� _ DATE: November 20, 1995 BACKGROUND: Mr. Adeeb, owner of the Sea Turtle Inn contacted the City with a request to exchange a tract of land under his ownership for a small portion of the street end Right- of-Way of Ahern Street. The tract of land which Mr. Adeeb proposes to give to the city contains the west half of the pavement of Beach Avenue between Ahern Street and First Street. The property Mr. Adeeb requests in exchange is a portion of the right-of-way of Ahern street which lies adjacent to his fenced dumpster enclosure. This property will allow Mr. Adeeb to extend his fence to fully secure the dumpster. Both parcels are shown on the attached maps. In a separate, but, related matter, Mr. Adeeb has asked permission to discontinue the use of one of the driveways on each side of the right-of-way of Ahern Street. The driveways are currently bordered by planted areas which lie within the right-of-way. Mr. Adeeb proposes to reconstruct the curbs to leave only one driveway cut into each parking lot. In addition to the above, Mr. Adeeb has offered to grant an easement to the City to permit access to and maintenance of a storm water line that crosses the southwest corner of his property and a portion of the newly constructed meter vault RECOMMENDATION: Staff recommends that the City Commission approve the exchange of property as requested by Mr. Adeeb subject to all legal documents being prepared by the City Attorney, and to authorize through the attached Resolution number 95-43, the Mayor and City Manager to execute those documents on behalf of the City. Staff further recommends that the City Commission authorize Mr. Adeeb to reconfigure the curbs on Ahern Street as shown on the attached sketch subject to his close coordination with the City Manager, the Public Works Director, and the Police and Fire Chiefs ATTACHMENTS: `_/ �..� , 1) Resolution 45-41 2) Maps show property parcels and curbs cprREVIEWED BY CITY MANAGER: AGENDA ITEM NO. 1 �T • 4 RESOLUTION y5-43 A RESOLUTION OF THE CITY OF ATLANTIC BEACH . FLORIDA AUTHORIZING THE CITY MANAGER . CITY ATTORNEY AND MAYOR TO TAKE NECESSARY ACTION TO SECURE THE EXCHANGE OF PROPERTY AND ACOUISITION OF EASEMENTS FROM THE SEA TURTLE WHEREAS . the City does not have needed easements for its utilities which are on property owned by the Sea Turtle . and WHEREAS . a major portion of the pavement of Beach Avenue between Ahern Street and First Street is on Sea Turtle property . and WHEREAS . the Sea Turtle would like to extend a small portion of its fence onto the Ahern Street richt-of-way to secure its Property from uncontrolled public access and to prevent unsightly apparance and WHEREAS . the Sea Turtle would like to reroute its traffic flow by closing two of its entrances to its two parking_ lots on Ahern Street : NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA . AS FOLLOWS: SECTION 1 . The City Manager is directed to review the proposed actions of all concerned City Departments . All appropriate information will be forwarded to the City Attorney for his review and consideration. SECTION 2 . The City Attorney is directed to take the necessary legal action to finalize the exchange of property and acquisition of easements . SECTION 3 . The Mayor is authorized to carry out the Commission' s Policy by signing all legal documents as Prepared by the City Attorney . Adopted by the City Commission of Atlantic Beach this 13th day of November . 1995 . LYMAN T FLETCHER . MAYOR/PRESIDING OFFICER Approved as to form and correctness : ATTESTED: Alan C . Jensen . City Attorney Maureen King . City Clerk ,5 1 b \ • T. 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