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07-23-90 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, JULY 23, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 9, 1990 2. Recognition of visitors: 3. Consent Agenda: A. Approval of Budget Adjustment #90-13 relative to building and equipment maintenance department (Finance Director Harry Royal) B. Approval to appoint Bob Frohwein to the Tree Conservation Board due to the unexpired term of Peggy Cornelius. C. Commission approval to retain the law firm of Corbin, Dickinson, Duvall and Margulies to negotiate collective bargaining contract with the police bargaining unit 4. Committee Reports: A. Chairman of the Awards Committee, Commissioner Edwards with a report and recommendation relative to annual lawn maintenance. B. Chairman of the Awards Committee, Commissioner Edwards with a report and recommendation relative to inspection of elevated water storage tank and facilities at the Sewer Plant 5. Resolutions: A. Resolution #90-12 in support of Amendment #3 (Commissioner Edwards) 6. Action on Ordinances: A. Introduction and first reading of Ordinance #90-90-153 concerning height restrictions on substandard lots (City Attorney Alan Jensen) 7. New Business: A. Park Advisory Board with recommendations (Chairman Don Fagan) B. Discussion and related action relative to the request of Mr. Richard Pullem to improve the entryway including the right-of-way on Seminole Road C. To set public hearing and tentative millage rate (Mayor Gulliford) D. Community Development Block Grant contract between the City of Atlantic Beach and Jacksonville (Community Development Director Tom Bowles) 8. City Manager reports and/or correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report on Alice Wilson (Alan Jensen) B. Grade-all report (Mayor Gulliford) Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM— MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY JULY 23, 1990 V V O O T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook, Sr. D D Glenn A. Edwards Adelaide R. Tucker, and John W. Weldon, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 9, 1990 Cook x Edwards x x Motion: Approve minutes of regular meeting of July 9, 1990 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x * * * * * * * * * * * * At this time the Mayor recognized the Atlantic Beach Minor and Major Babe Ruth League, both of whom had won the state championship in their respective divisions. Team members who were in attendance displayed their trophies and received a standing ovation. The Mayor also announced that Fraternal Order of Police Lodge 107 had recognized Rose Blanchard as Citizen of the Month in April, Calvin Blair as Citizen of the Month in May, and John Seroyer as Citizen of the Month in June. The Mayor congratulated these citizens. Mayor Gulliford also presented two items of correspondence. The first was a letter from Connie Shea, Owner/Manager of the Comfort Inn, thanking the Atlantic Beach employees for their help and complimenting them on their positive, helpful, problem solving attitudes. The second letter was from Florence M. Picard encouraging the City Commission to consider using the current City Hall as a community center and providing activities for senior citizens a couple of afternoons a week after City Hall activities have moved to the new building. * * * * * * * * * * * * At this time the Mayor invited George Bull, on behalf of the developers of the Shoppes of Northshore, to present the landscaping plans for the proposed development at the location of the old Bennetts Motel. PAGE TWO V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN Mr. Bull explained the property had been vacant since November 1988 and had been used by transients and had become an eyesore as well as a problem for law enforcement officers. The City had urged the speedy demolition of the building because of these problems. Mr. Bull said prior to demolition between 20 and 30 of the best palm trees had been relocated. He said they sought a commercial company which was bonded and insured to remove the trees but because of the condition of the trees, they had not been successful. The demolition contractor also was unable to find someone who would relocate the trees. Mr. Bull said the landscaping plan called for at least 35 hardwood and palm trees along with other landscaping. He presented a preliminary landscape plan and an artist' s rendering of the project. He said the landscape drawings would be complete in a week or so and he had already agreed to meet with the Tree Conservation Board in that connection. 2. Recognition of Visitors Bob Weiss, 253 Seminole Road, agreed that clearing the Bennett Motel property had improved its appearance and said he felt the architectural style of the proposed building would be compatible with surrounding buildings. However, he felt the destruction of the palm trees was unnecessary and wasteful, especially in a recycling community such as Atlantic Beach. He also favored a requirement that newly planted trees be maintained in a living state and pointed out that many of the young trees which had been planted recently in this area were neglected or dead. He felt the city needed ordinances and officials who would protect and not waste resources. Mr. Weiss also inquired whether the artesian well which had been on the property had been properly capped off. Mayor Gulliford responded that he had instigated the formation of the Beautification Committee which had been responsible for drafting a tree protection ordinance. A subsequent ordinance providing amendments to the tree ordinance had not been approved by the City Commission but a committee is continuing to work to provide the best possible ordinance which would provide for tree protection as well as respect the rights of property owners. Don Wolfson, 1725 Beach Avenue, reported on events which took place some years ago which resulted in total destruction of trees in what is now the K Mart parking lot, and the work of a group of citizens which resulted in the preservation of the large oak trees at Scottys. He outlined the occasions on which the Shoppes of Northshore had been before the Community Development Board. He said he felt sure the developers would provide the trees and shrubbery they had promised but that there was no law which would require the trees to be maintained in a live state. He urged the city to consider a green space requirement. PAGE THREE V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN Christy Brooks, 1222 Jasmine Street, said trees had been removed from Jasmine Street prior to the public improvements. He said he had heard all of Jasmine Street would not be paved and he asked if this was true. Charles Sharron, 820 West 14th Street, said he had received similar information from the contractor. The City Manager was directed to check into the matter and advise Messrs. Brooks and Sharron in this regard. Lois Weiss, 253 Seminole Road, said she had some ideas she would like to have included in the new tree ordinance. These were given to Lyman Fletcher who is coordinating the efforts to rewrite the ordinance. Morris Downey, 372 Ahern Street, complained that the removal of the trees had left holes in his property and he felt the contractor had not been considerate of the neighboring properties. Mr. Downey did clarify later in the meeting that Mr. Bull had discussed the tree removal with him prior to commencement of the work. John W. Weldon, Jr. , said he was shocked by the removal of the trees and he asked that Mr. Bull attend the meeting of the Tree Conservation Board on August 20, and that the city provide oversight for the landscaping to ensure that the trees which are planted are acceptable and that there is a guarantee that the trees are properly maintained. Dezmond Waters, Chairman of the Tree Conservation Board, invited members of the audience to participate in the rewriting of the ordinance or to attend the meetings of the Beautification Committee. Lyman Fletcher, 804 East Coast Drive, expressed disapproval of the removal of the trees on the Bennett Motel property as well as other developments and urged the city to pass a strong ordinance for the protection of the trees and sand dunes. Francis Beaver, 319 12th Street, said she and her husband own a landscape company and while she agreed with many of the comments, she said in many instances they would recommend the removal of a tree because the tree may not survive the damage caused by the construction. In her opinion it would be better to plant a new healthy tree. Cynthia Corey, 394 8th Street, said she felt trees should be better protected so they would not die as a result of construction activity. Sandra Sheppard, 44 Dewees Avenue, presented a petition requesting the developers of the Shoppes of Northshore to restore and include a large canopy of trees in their development plans or be boycotted. The City Clerk was directed to forward a copy to the developers. PAGE FOUR V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN John Bailey, 1922 Beach Avenue, said he noticed a number of instances recently where city ordinances were poorly written and were difficult to enforce. He felt the city code should be reviewed and rewritten where necessary. Mr. Bull said he had met the requirements of the city code and had submitted a tree removal plan which was brought to the Tree Conservation Board and a permit had been issued for the work. Dan Martin, owner of The Bounty, said his business would be relocated to the new facility when ready. He said the developers' representative had expressed concern about the landscaping during his first contact with them. He felt the development would be one of the finest facilities in the area and, when complete, one of which the community will be proud. He urged support for the project rather than considering a boycott. At this time the Mayor called a 5-minute recess. 3. Consent Agenda A. Approval of Budget Adjustment #90-13 relative to building and equipment maintenance department B. Approval to appoint Bob Frohwein to the Tree Conservation Board to fill the unexpired term of Peggy Cornelius C. Commission Approval to retain the law firm of Corbin, Dickinson, Duvall and Margulies to negotiate collective Cook x bargaining contract the with police bargaining unit Edwards x x Tucker x x Motion: Approve passage of Consent Agenda Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 4. Committee Reports: A. Commissioner Edwards, Chairman of the Awards Committee, with a report and recommendation relative to annual lawn maintenance Commissioner Edwards reported four bids had been received for annual lawn maintenance and after reviewing the bids it was the recommendation of the committee the city accept the bid of A & T Landscaping as the lowest and best bid. Cook x x Edwards x x Motion: Accept the bid of A & T Landscaping in the amount of Tucker x $20,754.00 for annual lawn maintenance Weldon x Gulliford x In discussion before the vote Mayor Gulliford confirmed that the amount budgeted was slightly less than the bid amount but that funds were available. The question was called and the motion carried unanimously. B. Commissioner Edwards, Chairman of the Awards Committee, with a report and recommendation relative to inspection of elevated water storage tank and facilities at the sewer plant PAGE FIVE V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN Commissioner Edwards reported only one bid had been received and it had been determined by the awards committee that the lone bid was a responsible bid from a reputable firm. Motion: Accept the Bid of Howie Greene Tank Inspections in Cook x the amount of $4,900.00 for technical services in Edwards x x the inspection of elevated water storage tank and Tucker x facilities at the sewer plant Weldon x x Gulliford x In discussion before the vote, Commissioner Weldon inquired why only one bid had been received. Commissioner Edwards explained several invitations to bid had been mailed but in the past, the city had not received many bids for this type of work. The question was called and the motion carried unanimously. 5. Resolutions: A. Resolution No. 90-12 in support of Amendment 13 Mayor Gulliford presented in full, in writing, Resolution No. 90-12 urging support of Amendment #3 on the November ballot limiting unfunded state mandates on cities and counties. Mayor Gulliford explained how state mandates were passed on the residents and urged support of Amendment #3. Cook x Edwards x x Motion: Approve passage of Resolution No. 90-12 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x * * * * * * * * * * * * At this time Mayor Gulliford introduced Bob Kosoy, the new City Engineer, who had reported to work with the city that day. * * * * * * * * * * * * 6. Action on Ordinances: A. Ordinance No. 90-90-153 - First Reading N ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ADDING UNDER SEC. 24-82(B) A HEIGHT RESTRICTION FOR BUILDING OF STRUCTURES ON SUBSTANDARD LOTS OF RECORD, PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 90-90-153 on first reading. Cook x Edwards x x Motion: Approve passage of Ordinance No. 90-90-153 on first Tucker x reading and set for public hearing August 27, 1990 Weldon x x Gulliford x In discussion before the vote, Commissioner Tucker inquired whether PAGE SIX V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN some provision should be made to require approval by the City Commission. The City Attorney responded that a recently enacted ordinance regarding substandard lots of record required that changes be approved by the Community Development Board and the City Commission. The question was called and the motion carried unanimously. 7. New Business: A. Recreation Advisory Board with recommendations Don Fegan, Chairman of the Recreation Advisory Board, reported that John Seroyer had appeared before their board and had requested funds to assist in taking the Little League baseball all-star team to the regional championships. It was their recommendation a donation of $1,000.00 be approved and that the check be made payable to Budget Auto Rentals, the company from which the vehicles would be rented. It was pointed out a donation of $500.00 had previously been approved for a summer athletic program but that this money had not been used and the request was therefore for an additional $500.00, for a total of $1,000.00. The board also recommended the City Commission budget $5,000 to accommodate any such requests in FY 1990/91. Mr. Fegan reported that the meter box at Donner Park had been stolen and wires cut, leaving Donner Park without any power. Water fountains continue to be damaged and restrooms abused and the board recommended replacing the water fountain, but not to include any refrigeration. They have requested the Police Department check the area as often as possible and hoped the city would move ahead with the land clearing as quickly as possible. The Mayor said some Community Development Block Grant funds may be able to be used for some of the recommended improvements in Jordan Park and asked that this be brought to the Community Development Director for his review. Motion: Accept the recommendation of the Recreation Advisory Cook x a Board to approve a donation of $1,000.00 to Edwards z Atlantic Beach Athletic Association for the purpose Tucker x of assisting with the cost of transporting two Weldon x x all-star state champion teams to their respective Gulliford x regional championship games John Seroyer reported briefly on the successes of the various teams in accomplishing their current championship status. In response to a question from Commissioner Tucker, Mr. Seroyer said he felt about 40% of the players on the championship teams resided within the municipal limits of Atlantic Beach. The question was called and the motion carried unanimously. B. Discussion and related action relative to the request of Mr. Richard Pullem to improve the entryway to Oceanside, including the right-of-way on Seminole Road • PAGE SEVEN V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN The City Manager said the city had provided water for medians but due to the number of rights-of-way compared to medians, he felt this matter should be brought before the City Commission for consideration. Mr. Pullem explained the proposal was to include landscaping and sodding and their request was for permission to perform this work on city right-of-way and that the city assist financially by supplying two water meters, one for each side of the entrance. Harry McNally, asked if the city would be required to provide the labor to install the meters, and also, in the event the city needed to excavate the area at a later date, whether the city would be required to restore the area to its landscaped condition. Mike Kring, Atlantic Beach resident temporarily residing at 2106 Sandpiper Court, Ponte Vedra, suggested the plans for bike paths and/or sidewalks should be completed before approval of this request so there would be no adverse cost to the city through later changes. The City Attorney also raised the question of whether the city would be willing to provide assistance to other groups or individuals with similar requests. John Bailey, 1923 Beach Avenue suggested the Oceanside Association consider the possibility of using shallow wells which would not contribute to the present water shortage. After further discussion the matter was referred to the Beautification Committee for their review and recommendation. D. Approval to execute Community Develop Block Grant contract between the City of Atlantic Beach and Jacksonville Tom Bowles, Community Development Director, reported the city had been awarded $100,800.00 for improvements in the Donner subdivision, of which $51,000 has been budgeted for rehabilitation and maintenance of homes owned by the elderly. He recommended approval. Cook x Motion: Authorize Mayor to execute contract between the City Edwards x x of Atlantic Beach and Jacksonville for Community Tucker x x Development Block Grant funds Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford told Mr. Bowles he would provide him with the names of two representatives of the First Union Bank who had contacted him in connection with setting up a non-profit housing authority to assist with rehabilitating and/or building new homes with low rate mortgages. C. Set tentative millage rate and public hearing on budget for FY 1990/91 Mayor Gulliford advised the City Commission a tentative millage needed to be set. Once set, the rate could be lowered but could not be raised. The City Manager reported he had encouraged the PAGE EIGHT V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN department heads in preparing their budgets to plan and propose what they felt was necessary. When the City Commission established budget parameters, the department heads would be instructed to revise their budgets accordingly. Mayor Gulliford reported he had received some survey figures from the Florida League of Cities and the present millage rate in Atlantic Beach was lower than most. He said in most instances the millage rate set by a county was lower than the millage rate of cities in those counties. With Atlantic Beach and Duval County that situation was reversed. He also felt the interlocal agreement with the City of Jacksonville should be renegotiated. Cook x x Edwards x Motion: Set tentative millage at 4.5901 and set public Tucker x x hearing for 7:15 PM September 10, 1990, in City Hall Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 8. City Manager reports and/or correspondence The City Manager reported he had met with Mike Burton and Associates and hoped to be able to make a report and recommendations at the next meeting regarding a contract for financial advisor services for the city. 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report on acquisition of Alice Wilson property City Attorney Jensen confirmed that the Commissioners had received a copy of his report regarding the properties adjacent to the sewer plant. He said some of the owners of the six lots wanted more than the assessed value. After brief discussion the City Manager was directed to have the property appraised and report back. John Seroyer asked the City Commission and the Recreation Advisory Board to consider hosting the minor league state tournament next year. Mr. Seroyer was directed to discuss the matter with the Recreation Advisory Board. Commissioner Cook requested that a list of all requests for donations be provided for the City Commission to use as a reference when setting a budget figure for such donations for the next fiscal year. Commissioner Tucker reported she would be absent from the next Commission meeting as she would be out of town. Mayor Gulliford reported Bob Frohwein had indicated he did not wish to serve on the Tree Conservation Board and the Mayor therefore, presented the name of John W. Weldon, Jr. , to the Commission for consideration. PAGE NINE V V MINUTES NAME OF JULY 23, 1990 COMMRS. MSYN Cook x x Edwards x Motion: Approve appointment of John W. Weldon, Jr., to the Tucker x x Tree Conservation Board Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. B. Report on possible acquisition of Grade-All Mayor Gulliford reported in the proposed stormwater management plan the engineers had included a budgetary figure of $130,000 for a Grade-All for ditch maintenance. At his request, the City Manager had looked at one in Georgia and it was his recommendation the City Manager be authorized to offer $50,000 for the Grade-All. Cook x Edwards x x Motion: Authorize the City Manager to make offer of $50,000 Tucker x for the purchase of Grade-All Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 9:30 PM. A kt Ag Wi liam I. 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