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04-25-94 v ATLANTIC BEACH CITY COMMISSION April 25, 1994 AGENDA Call to Order Invocation and pledge to the flag 1 . Approval of the minutes of the regular meeting of April 11 1994, and Fire Department Impasse Hearing of April 12, 1994 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 Water and Sewer Committee Report #10 b. Acknowledge receipt of Code Enforcement Activity Report 4. Action on Resolutions: a. Resolution No. 94-13 increasing the membership of the Arts & Entertainment Board from seven to nine members b. Resolution No. 94-14 urging the reinstatement of federal funding for the Edward Byrne Memorial State and Local Law Enforcement Assistance Program for FY 1993/94 (Chief Thompson) 5. New Business: a. Appointment of members of the Arts & Entertainment Advisory Board b. Authorize expenditure of funds for survey and appraisal of property located in Section H at the intersection of Mayport Road and Atlantic Boulevard c. Authorize execution of contract with Sims Design Consultants, Inc. in the amount of $35, 000.00 for engineering services in connection with expansion of No. 3 water plant (Bob Kosoy) d. Approve Change Order No. 1 and authorize final payment for Church Road (East) and Poinsettia Street improvements (Bob Kosoy) e. Discussion relative to proposed resolution authorizing the refunding of Revenue Bonds, Series 1994A and 1994B (Fleet Landing Project ) f. Authorization to expand Community Development Block Grant (CDBG) project area g. Discussion relative to changing the traffic pattern on East Coast Drive and Ocean Boulevard to allow one-way traffic only 6. City Manager Reports and/or Correspondence: 7. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT O O 7: 15 PM ON MONDAY APRIL 25, 1994 T T PRESENT: Lyman T. Fletcher, Mayor E E D D Steven M. Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III, and M S Robert G. Weiss, Jr. , Commissioners O E T C AND: James Jarboe, Deputy City Manager I O Y Alan C. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Fletcher. The invocation, offered by Commissioner Shaughnessy, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of SHAUGHNESSY X X April 11, 1994 WATERS X X WEISS X Motion: Approve minutes of the regular meeting FLETCHER X of April 11, 1994 No discussion before the vote. The motion carried unanimously. Approval of the minutes of the Fire Department Impasse Hearing of April 12, 1994 SHAUGHNESSY X WATERS X X Motion: Approve minutes of the Fire Department WEISS X X Impasse hearing of April 12, 1994 FLETCHER X No discussion before the vote. The motion carried unanimously. 2 . Recognition of Visitors William J. Ryszykow, 535 Royal Palms Drive, indicated the Fleet Reserve Association had been asked for a donation for the city' s SWAT team and inquired why it was necessary for the city to solicit funds. Chief Thompson responded that funds were not being solicited and said he would contact the Fleet Reserve to clear up the misunderstanding. Timothy Ciciora, 1339 Camelia Street, reported he had been cited for installing a basketball hoop on the city right-of-way in front of his home. He noted that there were no parks in the area and since he lived on a cul-de-sac he did not feel the basketball hoop created a safety hazard. Page Two V y Minutes NAME OF April 25, 1994 COMMRS. MSYN Jim Jarboe indicated that utility lines were buried under city rights-of-way and Mr. Secora had not asked for the utility lines to be located, nor had he received permission from the City Manager to install the basketball hoop. Mr. Ciciora was instructed to work with Jim Jarboe and Bob Kosoy regarding this matter. Agenda Item 5e was taken out of sequence and acted upon at this time. 5e. Discussion relative to proposed resolution autho- rizing the refunding of Revenue Bonds, Series 1994A and 1994B (Fleet Landing Project) John Meserve, Executive Director of Fleet Landing, reported Fleet Landing proposed to call in the exist- ing Fleet Landing Bonds and reissue new bonds and the proposal which would come before the city would be to authorize the issuance of those bonds through the City of Atlantic Beach. The City Attorney explained the information was being • presented to the City Commission this evening to provide adequate time to review the documents before the public hearing which would be held at the next meeting. Jean Mangu, Attorney with Foley and Lardner, bond counsel on this issue, explained that under federal tax laws, in order for the interest on the obligation to be tax exempt, the bonds had to be issued by a governmental entity. Mayor Fletcher suggested that Commissioners contact the City Attorney or Foley and Lardner prior to the next meeting with any questions they may have. Mr. Meserve indicated he would provide information at the next meeting regarding the proposed Fleet Landing expansion. Recognition of Visitors Continued: Charles Hatchell, 1224 Ocean Boulevard, presented a sketch of a proposed project to landscape and beautify the beach access on Twelfth Street. He indicated the residents in the Twelfth Street area were willing to fund the landscaping and irrigation of the project in the amount of approximately $3, 000. and he requested the city improve the parking area to add 2 - 3 parking spaces, and reserve half of the spaces for parking by Page Three V V Minutes NAME OF April 25, 1994 COMMRS. MSYN permit only. He indicated the plan would include native and low maintenance plants as much as possible. Mayor Fletcher invited Mr. Hatchell to bring his proposal before the Beautification Committee at their next meeting on May 11 . He indicated the funding for the paving would have to be included in the next fiscal year budget and Mr. Hatchell felt that limerock might provide a suitable surface for the parking area. In the meantime he hoped the city would proceed with the project with the exception of the asphalt. 3. Consent Agenda: a. Acknowledge receipt of Water and Sewer Committee Report #10 b. Acknowledge receipt of Code Enforcement Activity Report SHAUGHNESSY X X Motion: Approve passage of Consent Agenda WATERS X WEISS X X No discussion before the vote. The motion carried FLETCHER X unanimously. 4. Action on Resolutions: a. Resolution No. 94-13: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, INCREASING THE NUMBER OF MEMBERS OF THE ARTS AND ENTERTAINMENT ADVISORY BOARD, PROVIDING AN EFFECTIVE DATE Mayor Fletcher presented in full, in writing, Resolu- tion No. 94-13. SHAUGHNESSY X X WATERS X Motion: Approve passage of Resolution No. 94-13 WEISS X X FLETCHER X No discussion before the vote. The motion carried unanimously. b. Resolution No. 94-14: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING THE REINSTATE- MENT OF FUNDING FOR THE EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PROGRAM IN THE FEDERAL BUDGET FOR FISCAL YEAR 1993/94 Mayor Fletcher presented in full, in writing, Resolu- tion No. 94-14. Motion: Approve passage of Resolution No. 94-14 SHAUGHNESSY X WEISS X The Mayor asked Chief Thompson to explain the impor- tance of these funds to the City of Atlantic Beach. Page Four V V Minutes NAME OF April 25, 1994 COMMRS. MSYN Chief Thompson explained the federal government had appropriated grant funds to help local governments in their fight against illegal drugs. Atlantic Beach received approximately $23, 000 per year. He explained these funds had been used to establish the community center and provide supervision of after school activi- ties in Donner park. Funds were also used for equip- ment and training for the SWAT team. The President ' s proposed federal budget did not include any funding for this grant program for next year and Chief Thompson felt the absence of these funds would make it difficult for the city to provide the same level of service since the cost of drug enforcement activities would have to be absorbed by the city. Following brief discussion, Mayor Fletcher moved an amendment to the original motion: Substitute Motion: Amend paragraph No. 5 of SHAUGHNESSY X Resolution No. 94-14 to include reference to WATERS X on-site supervision to keep drug dealers WEISS X X away from the children, and pass Resolution FLETCHER X X 94-14 as amended No discussion before the vote. The motion carried unanimously. 5. New Business a. Appointment of members of the Arts & Entertain- ment Board Mayor Fletcher indicated nine names had been submitted for appointment as follows: Carson Merry Baillie, Betsy Barrett, Barbara Benisch, Iva Larson Coplan, Alice Gartland, Gary Rhodes, Sarah G. See, Kaye Kaufmann, and Fran Phelps. SHAUGHNESSY X X Motion: Appoint nine members (as listed) to WATERS X Arts and Entertainment Board WEISS X FLETCHER X X No discussion before the vote. The motion carried unanimously. b. Authorize expenditure of funds for survey and appraisal of property located in Section H at the intersection of Mayport Road and Atlantic Boule- vard Page Five V V Minutes NAME OF April 25, 1994 COMMRS. MSYN Commissioner Weiss noted that the subject property was located at Begonia Street and West First Street. He indicated the owner was anxious to work with the city and felt it was important to get the appraisal and survey completed so that a purchase price for the property could be negotiated. Motion: Authorize expenditure from General SHAUGHNESSY X X Fund Balance Reserve in the amount of WATERS X $4,000 to provide for survey and ap- WEISS X X praisal of property located at Begonia FLETCHER X Street and West First Street (Tresca property) In further discussion, the City Attorney explained that Florida law provided that price negotiations did not need to be held in the sunshine and it was agreed this matter would be handled through his office. The question was called and the motion carried unanimous- ly. c. Authorize execution of contract with Sims Design Consultants, Inc. in the amount of $35,000.00 for engineering services in connection with expansion of No. 3 water plant Mayor Fletcher requested that action on this matter be deferred until the meeting of May 9, 1994. Gordon Grimes of Sims Design Consultants was invited to attend the Water and Sewer Committee meeting to be held the following Thursday. d. Approve Change Order No. 1 and authorize final payment for Church Road (East) and Poinsettia Street improvements Public Works Director Bob Kosoy reported the Church Road paving project had been completed. The final Change Order covered additional erosion protection which was required by St. Johns River Water Management District, a traffic detector loop, an asphalt driveway for a business on Church Road, additional work in- volved in placing an 8-inch water main on the west side of Francis Avenue, and modification of the storm drain structure on Poinsettia Street. Discussion ensued relative to why it was necessary to provide a paved driveway for the business involved and it was explained the modification to the drainage swale had restricted access to the business and the V V Page Six NAME OF Minutes COMMRS. MSYN April 25, 1994 larger driveway was required to restore the access the business had enjoyed prior to the construction. (Commissioner Rosenbloom entered the meeting at this time) Mr. Kosoy explained the project would be paid from funds budgeted for water and sewer improvements in Capital Improvements, and funds budgeted for sidewalks in Capital Projects. Motion: Approve Change Order No. 1 in Church ROSENBLOOM X Road (East) and Poinsettia Street improvements, SHAUGHNESSY X authorize acceptance of the project as complete WATERS X X pending receipt of as-built drawings, and approve WEISS X X final payment in the amount of $33,617.56. FLETCHER X No further discussion. The motion carried unanimous- ly. e. Discussion relative to proposed resolution authorizing the refunding of Revenue Bonds, Series 1994A and 1994B (Fleet Landing Project) This item was taken up earlier in the meeting. f. Authorization to expand Community Development Block Grant (CDBG) project area Community Development Director George Worley recom- mended that the CDBG target area be expanded to include the area west of Mayport Road bounded on the north by Church Road, on the west by Main Street, and on the south by Levy Road. To designate the area, Jacksonville HUD must conduct a median income review of the proposed target area to determine the percent- age of low to moderate income families in the area. In order to request Jacksonville to conduct the necessary income survey in this area he indicated formal action of the City Commission authorizing the expansion was required. Mayor Fletcher inquired whether this matter had been discussed with the Donner Community Development Corporation ( CDC ) and Joyce Freeman who was in the audience, indicated that the CDC was not familiar with the proposal. The Mayor requested that action on this matter be deferred until the meeting on May 9, 1994, in order to allow the CDC to review the proposal. Page Seven V V Minutes NAME OF April 25, 1994 COMMRS. MSYN g. Discussion relative to changing the traffic pattern on East Coast Drive and Ocean Boulevard to allow one-way traffic only Mayor Fletcher indicated he had brought the matter before the City Commission for discussion because of complaints about speeding on these streets. He noted the Halff traffic report had recommended the city consider this change. He felt one possible solution could be for one-way traffic with a bike lane on each street. Commissioner Shaughnessy supported this suggestion. Commissioner Weiss suggested any change should include a sunset provision. He indicated previous discussions had indicated one-way traffic could increase the speed of traffic. He noted that residents had created safety hazards in some areas by constructing obstruc- tions on city property in an attempt to protect their property. He felt this situation needed to be ad- dressed. Jim Jarboe recommended input be received from the Police and Public Works Departments before any action is taken. Commissioner Waters felt the volume of traffic at the 5-way intersection of Seminole Road, Sherry Drive and Plaza also needed to be addressed. He felt a decision needed to be made to either install a traffic light or proceed with the round-about which had been suggested in the Halff report. Mayor Fletcher reported, however that Chief Thompson had indicated that this intersection had been relatively safe. John Bishop, a resident of Ocean Boulevard, felt that one-way traffic would not solve the speeding problems and suggested, instead, more aggressive enforcement of the current speed limits. 6. City Manager reports and/or correspondence: None 7. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Page Eight v V Minutes NAME OF April 25, 1994 COMMAS. MSYN The City Attorney requested that a shade meeting be scheduled to discuss the Ortega law suit which had been set for trial mid June. The City Clerk was instructed to schedule this meeting. The City Attorney also indicated Attorney John DeVault, who was representing the city in its law suit against Jacksonville, had requested authorization to employ Richard M. Kelton of Deland, as an expert witness on behalf of the city in this case. Following brief discussion, it was agreed this matter could be handled administratively and no commission action was required. Commissioner Shaughnessy indicated she was the Commis- sion liaison to the Beautification Committee and asked Carl Walker to report regarding the proposed tour of beautiful yards. Mr. Walker reported two tours were proposed, the first of which would be on May 9 and the second in the fall. He indicated the tour would be "drive-by" only and would include many different types of yards. Commissioner Shaughnessy reported Jack Robbins had been appointed chairman of the Beautifica- tion Committee and thanked him for his work in that connection. Commissioner Rosenbloom inquired into the status of the extension of Donner Road. Jim Jarboe indicated price quotes had been received. He indicated the fence would be moved so the city would be in compli- ance with the DEP permit. Limerock had been ordered and it was hoped the contract will be awarded and the work completed within 2 - 3 weeks. Commissioner Waters reminded everyone of the employee appreciation dinner at the American Legion on May 13, 1994, and encouraged employees and their families to attend. He also reported he had received an invitation to attend Tommy Hazouri ' s formal announcement to run for Mayor of Jacksonville and encouraged the other elected officials to attend this function and make their wishes for the beaches known. Commissioner Waters also encouraged the city officials to attend the Northeast Florida League of Cities meeting which will be held in May at the Timuquana Country Club. Page Nine V V Minutes NAME OF April 25, 1994 COMMAS. MSYN Commissioner Waters also reported the Donner Community Development Corporation proposed to hold an area clean-up on Saturday May 7 and invited everyone who could, to participate. Commissioner Waters also noted that Centex Homes was planning to build homes on very small lots north of Church Road. While this area was outside the city limits Atlantic Beach would be impacted by the project since water and sewer services for that area are provided by Atlantic Beach. He felt this project should be monitored by the city and suggested a letter be sent to Councilman Brown. Mayor Fletcher announced work would continue at 10: 00 AM on Saturday on the cleaning of the bricks for Town Center. He encouraged everyone who could to come out and participate in this activity. He indicated construction on the next phase of the Town Center project was due to commence next month. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 8:35 PM. Lyman T. F etcher Mayor/Presiding Officer ATTES T: ./ 91OG it_c i-1 -n 641 Ma reen King City Clerk