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12-13-90 v CITY OF ATLANTIC BEACH SPECIAL COMMISSION MEETING THURSDAY, DECEMBER 13, 1990 AGENDA Call to order 1. Continuation of the public hearing and final reading of Ordinance #15-90-6 relative to water and sewer revenue bonds (Robert Freeman, City's Bond Counsel - Squire, Sanders and Dempsey) 2. Approval of Resolution #90-21 relative to redemption of certain outstanding obligations of the City 3. Approval of Resolution #90-22 supplementing Ordinance #15-90-6 re: water and sewer refunding bonds series 1990 4. Final reading of Ordinance #95-90-48 relative to adopting a Comprehensive Plan for the City of Atlantic Beach 5. Continuation of public hearing relative to Ordinance #80-90-43 regarding Stormwater Management Utility (Jim Scholl, CH2M Hill) 6. Continuation of public hearing relative to Ordinance #80-90-44 regarding Stormwater Management Utility Fees (Jim Scholl, Ch2M Hill) 7. Public hearing for Use by Exception for automotive/truck service garage at 10-20 Donner Road, filed by Fred Lewis 8. Report regarding acquisition of deeds for the road right-of-way at the north end of Beach Avenue (City Attorney Alan Jensen) 8. Any Other Business Adjournment MINUTES OF THE SPECIAL MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL AT 7:15 PM ON THURSDAY, DECEMBER 13, 1990 The meeting was called to order at 7:15 PM by Mayor Gulliford. Present, in addition to the Mayor, were Commissioners Cook, Edwards, Tucker and Weldon. Also in attendance were City Manager Leinbach, City Attorney Jensen, and City Clerk King. 1. Ordinance No. 15-90-6 - Continuation of Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING FOR THE REFUNDING OF CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF THE CITY; PROVIDING FOR THE ISSUANCE OF WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990, OF THE CITY TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 15-90-6. He announced that the public hearing which was opened on Monday, December 10, 1990, was being continued and invited comments from the audience. Alan W. Potter, 374 Second Street, Atlantic Beach, read a prepared statement dated December 13, 1990, opposing the proposed $5 million Water and Sewer Refunding Revenue Bonds, Series 1990 and outlining options he felt were available to the city. Copy of this report is attached hereto and made a part hereof. Mr. Potter had negotiated, and offered as one of the options, an interim construction "Line of Credit" in the amount of $500,000 at 7% at the American National Bank. This would be a 24-month revolving account and would continue longer if everything was satisfactory during that period. Mr. Potter said the Buccaneer bonds required that the system be continually maintained and upgraded and if this maintenance has not been done, funds should be available. Mayor Gulliford said the Finance Director had provided documentation which indicated funds were available in the Buccaneer Sewer Fund to meet the improvement needs. Since no one else spoke for or against the ordinance, the Mayor declared the public hearing closed and asked for a motion. Motion: Approve passage of Ordinance No. 15-90-6 on final reading Mike Burton, Financial Advisor to the city summarized their recommendations and explained that with the refunding, the rate increases would be smaller and could be phased over a longer period of time. Without the refunding larger rate increases would be needed to comply with the Buccaneer Bond Covenants which require that revenues must be sufficient to provide 1 .33 times the debt service. He said the Oak Harbor system showed a revenue deficiency which would require a 42% rate increase to meet the bond covenants in this fiscal year but state law would prohibit an adjustment to the Oak Harbor rates without also adjusting the rates throughout the entire system. Commissioner Cook Page Two Minutes of Special Commission Meeting December 13, 1990 inquired whether the city could not charge the Oak Harbor customers rates sufficient to meet the needs of the system and Mr. Burton explained that the law limited the rates municipalities could charge utility systems outside their municipal boundaries to 125% without cost justification or 150% with cost justification. It was Mr. Burton's recommendation that even if no new money was required, consolidation of the revenues from the three systems would allow the city to meet the bond covenants of both the Buccaneer and Oak Harbor bonds. In response to a question from Commissioner Cook regarding the consequences of being in violation of bond covenants, Mr. Freeman of Squire, Sanders & Dempsey, said the city would probably be written up in the annual audit report and this could have a negative affect on the city in future borrowings. The City Commission was given a copy of a memorandum from Bob Kosoy to Harry Royal outlining improvements totaling $2,081,000 which he felt should be undertaken. Mr. Kosoy pointed out this list was compiled quickly and was a very preliminary estimate. Discussion ensued regarding capital improvements and the Mayor said he felt the city needed to evaluate long term needs in both finances and projects. After a complete discussion of the matter, the question was called and on roll call vote, the motion was unanimously defeated. After further discussion a committee comprised of Commissioner Weldon, Public Services Director Kosoy, and Alan Potter was appointed to review the question of revenue and capital improvements and present recom- mendations to the city. 2. Approval of Resolution No. 90-21 relative to redemption of certain outstanding obligations of the city 3. Approval of Resolution No. 90-22 supplementing Ordinance No. 15-90-6 regarding water and sewer refunding bonds, series 1990 Since Ordinance No. 15-90-6 was defeated, no action was taken on Resolutions 90-21 and 90-22. Agenda Item No. 8 was taken out of sequence and considered at this time. 8. Report regarding acquisition of deeds for the road right-of-way at the north end of Beach Avenue City Attorney Jensen reported he had received commitments from all of the residents to grant 25 ft. easements to the city for the construction of a road. He said there was some dispute regarding the ownership of the 40 ft. strip within which the 25 ft. easement would be located. He said in addition to conveying deeds, the property owners would have to Page Three Minutes of Special Commission Meeting December 13, 1990 obtain releases from their mortgage companies since the easement is included in the mortgage descriptions. He said expenses regarding engineering, title and survey work would be involved and he requested authorization to incur these expenses on behalf of the city. Kathleen Russell, 2117 East Coast Drive said when they built their home they had paid for water and sewer lines to be laid in the center of the street. The City Manager said he was of the opinion engineering had already been done and after further discussion Commissioner Tucker moved to authorized the City Attorney to proceed with surveying and title work in an amount not to exceed $1,500.00. The motion was seconded by Commissioner Cook and was unanimously approved. 4. Ordinance No. 95-90-48 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, ADOPTING A COMPREHENSIVE PLAN IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 163, PART II, OF THE LAWS OF THE STATE OF FLORIDA, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 95-90-48 on final reading. Said ordinance was advertised and posted in accordance with State of Florida requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. William McGee, 1831 Selva Marina Drive, asked for an explanation of the Comprehensive Plan. Dorothy Kerber, 365 First Street, Atlantic Beach, objected to the requirement to allow low income housing such as mobile homes. She also felt it was unfair to have to address aspects such as DOT highways over which the city had no jurisdiction. Since no one else wished to speak to the matter the Mayor declared the public hearing closed. Commissioner Tucker moved to approve passage of Ordinance No. 95-90-48 on final reading. The motion was seconded by Commissioner Cook. In response to the comments from the audience, Jim Park, Planner with Gee and Jenson, the city's consultant on the preparation of the Comprehensive Plan, explained that the plan was prepared in accordance with state requirements and gave a brief outline of the various elements. In accordance with the city's instructions, the original plan had been revised as much as possible, to meet with the city's approval and in a manner that, hopefully, would be acceptable to the state. However, he said he could not guarantee that the state would approve the plan. Mr Park explained that once the Comprehensive Plan was adopted by the city it would become the official plan of the city. It will now have to be approved by the state and this could require personal negotiations between city officials and Department of Community Affairs personnel. He said the city would also have to prepare Land Development Regulations within about one year. Page Four Minutes of Special Commission Meeting December 13, 1990 Discussion ensued regarding stormwater quality and Mr. Park said he felt a program of testing stormwater samples would be a good beginning but that simply meeting the present standards would probably not be enough since the long term objective was to improve the water quality of the receiving streams. The question was called and the motion carried on a 3 - 2 vote with Commissioners Cook and Tucker voting nay. 5. Ordinance No. 80-90-43 - Continuation of Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING NEW ARTICLE IV TO ESTABLISH A STORMWATER MANAGEMENT UTILITY PROGRAM TO PROVIDE GENERAL PROVISIONS, DEFINE THE CUSTOMER BASE, CREATE AN ENTERPRISE FUND, PROVIDE FOR BILLING AND COLLECTION, DEFINE SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 80-90-43. He announced that the public hearing which was opened on Monday, December 10, 1990, was being continued and invited comments from the audience. William McGee, 1839 Selva Marina Drive, inquired what drainage problems the city hoped to improve through the stormwater management program. Louis MacDonell, 1535 Selva Marina Drive, said that developers are required to comply with city and county regulations regarding stormwater management as well as the requirements of the St. Johns River Water Management District. He said he was opposed to a tax being levied on owners of such properties where the cost of stormwater management had been included in the purchase price of the property. W.J. Ryszykow, 535 Royal Palms Drive, encouraged the city to start a program of testing of stormwater samples in the hope it may be possible that the stormwater management utility program would not be necessary. Ken Scudder, 388 Eleventh Street, felt it should be determined exactly what improvements were needed before the citizens were charged for this program. There being no further comments from the floor, the Mayor declared the public hearing closed. Commissioner Edwards moved to approve Ordinance No. 80-90-43 on final reading. The motion was seconded by Commissioner Weldon. Commissioner Edwards said he felt the various subdivisions had adequately provided for stormwater retention and it was his opinion the greatest contributor to stormwater pollution was the DOT through Mayport Road and Atlantic Boulevard. He felt a plan should be developed before the city moves ahead with the stormwater management fee. Mayor Gulliford felt that while the environmental aspect of stormwater management was important, the compelling need for a stormwater • Page Five Minutes of Special Commission Meeting December 13, 1990 management program was to improve the flooding problems. He said the city needed to develop a master drainage plan and also address the problem of ditch maintenance. Jim Scholl of CH2M Hill, presented a report supporting the need to develop a stormwater management program to provide improved drainage and stormwater treatment. He reported developments prior to 1982 had not been required to provide for stormwater management. He said the state's approach to dealing with stormwater quality is documented in the Florida Administrative Code, Chapter 17-3. Mr. Scholl said the stormwater management should be handled like a business enterprise. All developed properties, including tax exempt properties such as schools, city property or churches, are considered to generate run-off and would be charged the fee. While cities the size of Atlantic Beach will be required to address stormwater management by 1992, Jacksonville will be required to submit the first phase of their NPDES permit application in 1991 and the portion of Atlantic Beach which drains into the Jacksonville system would come under that jurisdiction. He said some type of interlocal evaluation could be required for the portion of the city which drains into the Jacksonville system. Mr. Scholl explained the rate structure briefly and said their recom- mendations regarding rates had been presented to the city in May, 1990. After a complete discussion, the question was called and on roll call vote, the motion was defeated on a 2 - 3 vote with Commissioners Cook, Edwards, and Tucker voting nay. 6. Ordinance No. 89-90-44 - Continuation of Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING UNDER ARTICLE IV A SECTION TO ESTABLISH STORMWATER MANAGEMENT UTILITY FEE CATEGORIES, ESTABLISH A FEE SCHEDULE, SET ENFORCEMENT AND PENALTY PROCEDURES, ESTABLISH AN APPEAL PROCESS, DEFINE SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 80-90-44. He announced that the public hearing which was opened on Monday, December 10, 1990, was being continued and invited comments from the audience. Dorothy Kerber, 365 First Street, Atlantic Beach, asked how charges would be applied to such businesses as Pic N Save, Publix, and strip shopping centers and was advised this could be calculated based square footage. Barbara Bonner, 463 Selva Lakes Circle, commented that Selva Lakes had included a stormwater retention pond in that development and it would be unfair to charge those residents a stormwater management fee. Ken Scudder, 388 Eleventh Street, and Dezmond Waters, 1835 Seminole Road, said they felt something needed to be done about flooding problems and hoped the matter would not be dropped. Page Six Minutes of Special Commission Meeting December 13, 1990 There being no further comments from the audience, the Mayor declared the public hearing closed. Commissioner Cook moved to pass Ordinance No. 80-90-44 on final reading. The motion was seconded by Commissioner Weldon and on roll call vote, failed on a 1 - 4 vote with the Mayor casting the only affirmative vote. 6. Action on application filed by Fred Lewis for Use by Exception for automotive/truck service garage at 10-20 Donner Road George Worley, Community Development Director, presented a memorandum outlining the recommendations of the Community Development Board, copy of which is attached hereto and made a part hereof. Commissioner Tucker moved to grant the exception in accordance with the recommendations of the Community Development Board, and approve the suggested hours of operation. The motion was seconded by Commissioner Cook and carried unanimously. Mr. Lewis inquired whether exceptions run with the land and was advised exceptions were granted to the applicant personally. He said he had purchased Mills Plaza and wished to clarify that while exceptions had been granted to Mr. Mills, it would be necessary from him to apply for exceptions for that property. The City Commission agreed this would be necessary. Mr. Lewis reported he would like to combine two of the units at 10-20 Donner Road and open a teen club. He sought direction from the City Commission and was advised to submit specific plans to the Community Development Board for their consideration. * * * * * * * * * * * Bill Armentrout of Gee & Jenson said he proposed to amend the format of their contract with the city for wastewater system improvements and itemize each specific task. He said this would make the document more understandable and the City Commission encouraged him to proceed with such amendment. * * * * * * * * * * * Dezmond Waters inquired into the status of the Sixteenth Street beach access and encouraged the city to take any measures necessary to have this access opened by next summer. He said he also opposed any adjustments to the Dewees Avenue beach dune overwalks. * * * * * * * * * * * Mayor Gulliford recommended the reappointment of George Bull, Jr. , to the Code Enforcement Board and requested that the appointment be confirmed by the City Commission. Commissioner Cook moved to accept the recommendation of the Mayor and confirm Mr. Bull's appointment. The Page Seven Minutes of Special Commission Meeting December 13, 1990 motion was seconded by Commissioner Tucker and was unanimously approved. Mayor Gulliford also reported a vacancy on the Community Development Board and recommended the appointment of Bob Frohwein to fill the vacancy. Commissioner Tucker moved to accept the recommendation of the Mayor and confirm Mr. Frohwein's appointment to the Community Development Board. The motion was seconded by Commissioner Cook and was unanimously approved. There being no further business to come before t. - Commission, the 111111111 Mayor declared the meeting adjourned at 10:05 I At. ...k.. A II 40 Willia . "u' li ord g! Mayor/Presiding Off ATTES T: //l Maureen King, Cit ClerkV w CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Use by Exception 10-20 Donner Road SUBMITTED BY: Community Development Board / , vrr DATE: December 12, 1990 BACKGROUND: Use by exception request to operate an automotive/truck service garage at 10-20 Donner Road. The Community Development Board recommends that the exception be granted with stipulation that the dilapidated automobiles be re- moved, that no long-term outdoor storage of vehicles be permitted and that only three outside parking spaces be allotted to tenants and customers. The City Commission expressed concerns at their December 10th meeting re- garding the term "long-term outdoor storage" and the possibility of imposing hours of operation restrictions. RECOMMENDATION: This type of use is consistent with similar uses existing on this site in the past. The concerns over the words "long-term" can be clarified with specific hour limitation. A reasonable approach would be to limit outside parking, other than the three for tenants and customers, to no longer than 24, at most 48 hours. The time should be specific. Regarding the imposition of restrictions on the hours of operation - the Commission is clearly within its authority under Section 24-63 to impose additional res- trictions. In addition, nearby residents have expressed concern that operations related to this type of use may -continue into the late night unless specific restrictions are imposed. It should be considered that the City has a Noise Ordiance which prohibits unusual and annoying noises between the hours of 8:00 p.m. and 6:00 a.m. If the Commission desires to limit hours of operation for businesses under this "use by exception" these hours would not be unreasonable. ATTACHMENTS: Community Development Board Minutes, Section 24-63, Section 24-110, Section 24-111 and Section 11-1.