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07-13-94 v ATLANTIC BEACH CITY COMMISSION July 13, 1994 AGENDA • Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of June 27, Special Called meeting of July 5, and Special Called Shade Meeting of July 5, 1994. 2. Recognition of Visitors a. Nick Nicholson with status report relative to proposed aquatic center b. N. Hugh Mathews requesting consideration of an appeal of a decision rendered by the Tree Conservation Board on July 5 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 #15 b. Acknowledge receipt of Code Enforcement Activity Report for the month of June c. Acknowledge receipt of Recreation Department Facilities Usage Report for month of June d. Acknowledge receipt of Building Department activity report for month of June e. Award of contract( s ) for rehabilitation of houses at 125 Donner Road, 24 Ardella Road, 64 Jackson Road, and 1505 Jordan Road, under Bid No. 9394-12 f. Authorization to declare surplus and invite sealed bids to sell five mobile homes at Maybrook Trailer Park 4. New Business: a. Appointment to fill vacancy on Recreation Advisory Board b. Set tentative millage rate for fiscal year 1994/95 c. Discussion and subsequent action relative to renewal of contract with Waste Management for recycling 5. City Manager Reports and/or Correspondence: a. Report relative to Park Street drainage project • 6. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Adjournment V V O O T T MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY E E COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 D D PM ON WEDNESDAY, JULY 13, 1994 PRESENT: Lyman T. Fletcher, Mayor M S Steve Rosenbloom 0 E Robert G. Weiss , Jr. Commissioners T C I O Y AND: Kim D. Leinbach, City Manager NAME OF ONEN Alan C . Jensen, City Attorney COMMRS. N D S 0 Maureen King, City -clerk ABSENT: Suzanne Shaughnessy J. Dezmond Waters , III 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 meeting of June 27, 1994 and special called meeting of July 5, 1994 ROSENBLOOM X X Motion: A WEISS X X pprove minutes of the regular FLETCHER X meeting of June 27, 1994 No discussion before the vote. The motion carried unanimously. ROSENBLOOM X X Motion: Approve minutes of the special called WEISS X X meetings of July 5, 1994 FLETCHER X No discussion before the vote. The motion carried unanimously. 2. Recognition of Visitors : a. Nick Nicholson with status report relative to proposed aquatic center Nick Nicholson introduced Nancy Brawner, Northeast Florida Aquatic Center, who reported Jacksonville Beach had donated a ten acre track of land for building the proposed aquatic center. She indicated the center would include three indoor pools , a gym track, and other facilities that would provide a suitable location for national competition as well as community activities . She asked the Commission to adopt a resolution indicating the interest of Atlantic Beach. It was explained the estimated cost of the facility would be $20 million dollars , and funds would be obtained via private funding. Mr. Nicholson explained it was the intent to have V V NAME OF COMMRS. MSYN Page 2 July 13 , 1994 citizens use the facility for various functions for a ' very nominal fee. ROSENBLOOM X X WEISS X X Motion: Draft resolution in support of FLETCHER X proposed aquatic center Alan Potter reminded everyone that the Beaches Aquatic Center taught swimming lessons . The question was called and the motion carried unanimously. b. N. Hugh Mathews requesting consideration of an appeal of a decision rendered by the Tree Conservation Board on July 5, 1994 N. Hugh Mathews, 1978 Brista Del Mar Circle , owner of Lot 21 , Oceanwalk, Unit 3 , indicated he had appeared before the Atlantic Beach Tree Board, Tuesday, July 5 , 1994. He provided a sketch of the lot and the footprint of a proposed home , indicating the trees that would remain on the lot after the home was built. He explained the Tree Board indicated that 17 protected trees had to be replaced by Mr. Mathews . He explained after the house and driveway were built there would be a balance of eight trees and eight palm trees remaining on the lot and thus there was no room for the additional trees . He felt it would cost approximately $2 , 000 to replace the trees . He questioned whether the Tree Board had the legal authority to require mitigation. The Mayor felt the matter should be deferred until the meeting of July 25, 1994 at which time he suggested the Tree Board attend the meeting and the City Attorney review the minutes of the meeting of the Tree Board. After discussion, however, it was felt by other Commissioners that the matter should be acted on. The City Attorney felt the ordinance did not spell out mitigation and it was suggested that the language be examined with the assistance of the Tree Board. Commissioner Rosenbloom questioned whether Mr. Mathews should be required to mitigate . He did not feel Mr. Mathews should have to spend approximately $2 , 000 to replace trees , when perhaps a neighbor might not have any trees and thus would not incur any cost whatsoever. ROSENBLOOM X X Motion: Relieve Mr. Mathews of all mitigation WEISS X X relative to 1978 Brista Del Mar Circle, a/k/a Lot FLETCHER X 21 , Oceanwalk, Unit 3 V V NAME OF COMMRS. MSYN Page 3 July 13, 1994 Mayor Fletcher felt the matter should be delayed until the meeting of July 25 , 1994 . Commissioner Weiss felt the ordinance, specifically the language pertaining to mitigation, should be examined at the meeting of July 25, 1994 . The question was called and the vote resulted in 2-1 with Mayor Fletcher voting nay. The motion carried. 3. Consent Agenda: a. Acknowledge receipt of Water and Sewer Committee Report #15 b. Acknowledge receipt of Code Enforcement Activity Report for the month of June c. Acknowledge receipt of Recreation Department Facilities Usage Report for month of June d. Acknowledge receipt of Building Department activity report for month of June e. Award of contract (s) for rehabilitation of houses at 125 Donner Road, 24 Ardella Road, 64 Jackson Road, and 1505 Jordan Road, under Bid No. 9394-12 f. Authorization to declare surplus and invite sealed bids to sell five mobile homes at Maybrook Trailer Park Mayor Fletcher requested that Item e be removed from the Consent Agenda. e. Award of contract (s) for rehabilitation of houses at 125 Donner Road, 24 Ardella Road, 64 Jackson Road, and 1505 Jordan Road, under Bid No. 9494-12 Kim Leinbach, City Manager, reported one of the bidders in the housing rehabilitation project, Custom Construction by Harris , had requested to withdraw his bid due to economic conditions . Staff spoke to the next lowest bidder, Performance General Contractors , who agreed to perform the work at 64 Jackson Road, for the same price as the low bidder, $18 , 220 . 00 . It was agreed by the Commission that Performance General Contractors would perform the work at 64 Jackson Road for $18 , 220. 00. Commissioner Weiss felt the language contained in the bid documents relative to contractors was not clear and he asked the City Manager to review the language and implement changes to make it more clear so that contractors would have a clear understanding of what was V V NAME OF COMMRS. MSYN Page 4 July 13 , 1994 required by the city. ROSENBLOOM X X WEISS X X Motion: Approve passage of the entire consent FLETCHER X agenda No discussion before the vote . The motion carried unanimously. Mayor Fletcher referred to Ordinance No. 10-94-18 - AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING SEC. 3-11 OF THE CODE OF ORDINANCES TO ALLOW CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY WITH PERMISSION FROM THE CITY COMMISSION, AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher announced a public hearing would be held on July 25, 1994 on Ordinance 10-94-18 . He felt the ordinance should be amended to allow consumption of only beer and wine. The City Manager was asked to insure that the passing of the ordinance not have a negative impact on the city' s insurance. Mayor Fletcher referred to Ordinance No. 60-94-8 - AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES , SIGNS AND ADVERTISING STRUCTURES, CLARIFYING AND MODIFYING REQUIREMENTS REGARDING REAL ESTATE, DIRECTIONAL AND POLITICAL SIGNS, AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher announced a public hearing would be held on July 25, 1994 on Ordinance 60-94-8 . A brief discussion was held and it was explained the ordinance would allow placement of political signs on private property, but would not allow political signs on public property. 5. New Business: a. Appointment to fill vacancy on Recreation Advisory Board Mayor Fletcher nominated Jane Tanner to fill a vacancy on the Recreation Advisory Board. ROSENBLOOM X Motion: Appoint Jane Tanner to fill vacancy on WEISS X X Recreation Advisory Board FLETCHER X X No discussion before the vote . The motion carried unanimously. Mayor Fletcher asked Maureen King, City Clerk, to write a letter to Jane Tanner notifying Ms . Tanner of her V V NAME OF COMMRS. MSYN Page 5 July 13 , 1994 appointment . Mayor Fletcher advised the terms of Messrs . Fagan and Bass would be expiring in October and thus there would be two vacancies on the Board. b. Set tentative millage rate for fiscal year 1994/95 Mayor Fletcher explained setting the tentative millage rate was the first step in the budgetary process for the City. He explained it was necessary to set a tentative millage rate under the TRIM Bill to meet legal requirements . The final millage rate will be set in the final budget hearing and the millage rate that was set at tonight ' s meeting can not be increased, but can only be decreased. The Mayor indicated the current millage was 3 . 1721 mills and he suggested setting the new millage rate at 3 . 7721 . He further suggested that the additional .6 mills be used exclusively for the addition of park lands , with funds to be deposited in a trust fund for that purpose , only. ROSENBLOOM X Motion: Set millage rate for fiscal year WLETS X X FLETCHER at 3.7721 mills x X Commissioner Rosenbloom indicated he agreed that the millage rate should be at 3 . 7721 mills , but he suggested that the utilization of the additional . 6 mills be decided at a later meeting, rather than allocating all the funds for park land, only. He felt that if in the event an unforseen financial matter should arise, the city might need to utilize the extra funds and if the funds were allocated to park lands , only, the city might find itself in a financial bind. During discussion it was felt by some people that the funds should be used for park lands , only, while others felt a portion of the funds should be held back in the event it could be used for another use to benefit the citizens . The question was called and the vote resulted in 2-1 with Commission Rosenbloom voting nay. The motion carried. There will be two Public Hearings : one will be held on September 12 , 1994 and the final Public Hearing will be held on September 26, 1994 . c. Discussion and subsequent action relative to renewal of contract with Waste Management for recycling V V NAME OF COMMRS. MSYN Page 6 July 13 , 1994 Jim Jarboe, Deputy City Manager, explained the current contract with Waste Management for recycling had expired. Staff recommended renewing the contract for an additional two years but with option to terminate the contract giving Waste Management a 60 day notice . He explained this would give the city flexibility in the event it was decided to change to private garbage services . ROSENBLOOM X X WEISS X X Motion: Accept recommendation of staff to renew FLETCHER X contract with Waste Management for two years but with the option of terminating the contract with 60 days notice. The City Attorney was asked if he had reviewed the contract and Alan Jensen explained the recommendation was to extend the existing contract for two years with the only change being the termination clause. He indicated he had reviewed the existing contract and everything was in order. The question was called and the motion carried unanimously. Mayor Fletcher announced the city had received its monthly report from Waste Management relative to recycling and the percentage of participation was 90 percent . 6. City Manager Reports and/or Correspondence: a. Report relative to Park Street drainage project It was reported 65 percent of the job had been completed, and that approximately $12 , 000 had been spent . Work was ahead of schedule , and it was felt approximately $10 , 000 would be saved. Jim Jarboe reported the drainage was already working and the quality of work was better than if the work had been accomplished by private contractors . Commissioner Weiss felt the city should do something for employees in appreciation for this work. 7. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Commissioner Weiss referred to the 12th Street beautification project and he indicated cost of a handicapped ramp would be higher than estimated, at approximately $8 , 000 . He suggested perhaps money could be raised for material, with city crews doing the work. " Commissioner Weiss was asked to meet with the City V V NAME OF COMMRS. MSYN Page 7 July 13 , 1994 Manager regarding the matter, and to come back to the Commission with recommendations . Commissioner Weiss indicated he had received complaints regarding dog droppings on the beach. Commissioner Rosenbloom reported he had met with City Managers from Neptune Beach and Jacksonville Beach to discuss privatizing the city' s garbage service. He felt much was accomplished at the meeting and he indicated the City Managers planned to meet with their respective City Councils to discuss the possibility of the beaches ' communities having collective private garbage service. This will be discussed next September. Mayor Fletcher suggested Commissioner Rosenbloom contact Scott Kelly of the City of Jacksonville with any questions he may have in this regard. Commissioner Rosenbloom made reference to a letter he had written to the Times Union in support of the Commission' s action relative to occupational license fees . Mayor Fletcher asked Ann Meuse , Finance Director, to provide the commission with a chart indicating the cost per household of the new millage rate . There being no further business the Mayor adjourned the meeting at 8 : 55 p. m. 411. �ii//'�-N• --- , yman T. Fletcher Mayor/Presiding Officer ATTEST: 7 Mau een King, ity1'lerk